The Law Society of Kenya(LSK) has opposed plans by President William Ruto to amend the constitution.

President Ruto, through a memorandum to parliament is proposing a raft of constitutional amendments including  creation of the Office of Leader of Opposition.

However,LSK says the proposal to create the Office of the Leader of Opposition is unconstitutional.

According to LSK,  creation of the office will conflict the country’s system of separation of powers .

Speaking during a press conference on Thursday, LSK President Eric Theuri questioned the move by Ruto to use the parliamentary route is seeking the law review as opposed to going the referendum way.

“We call on Parliament and all right thinking Kenyans to resist the attempt to mutilate our Constitution to change the basic structure of our Constitution to accommodate an office that is not in consonance with the Presidential of governance that this country gave itself when it adopted the 2010 Constitution,” Theuri said.

“We have a system of government that is largely presidential, and the president comes from the coalition that forms the majority and there is another coalition that forms the minority.

“That is the structure that we picked for this country. You cannot therefore introduce the leader of the opposition. That amendment in itself does not conform to the current constitutional structure that we have. It should not even be discussed in Parliament.”

LSK wants Parliament to reject the proposals and defend the Constitution which is supreme.

Also Read: President Ruto Wants Establishment of Office of Opposition Leader

Violation of the law

Further, Theuri says  the President’s memorandum is against the Supreme Court ruling on the Building Bridges which ruled that  the Head of State cannot initiate a Constitutional Amendment.

“The amendment are being initiated by the President contrary to the decision in the BBI case and therefore they should not see the light of day in Parliament there being a clear precedence that has been set by the courts those amendments should not be entertained by Parliament,” Theuri said.

Among other amendments that Ruto is seeking include the reestablishment of the  Constituency Development Fund.

The President also wants an increase in the number of nominated MPs.

Already, Azimio leader Raila Odinga has opposed the proposals and accused Ruto of trying to bring back the BBI which he had vehemently opposed.

Opposition MPs have claimed that the creation of the office of Leader of Opposition is aimed at curtailing Odinga.

But in defense of his proposals,Ruto says that the creation of the office will ensure that the country has a well structured and effective opposition that can put the government in check.