One of the most important sections in the recently released BBI report already causing much talk and equal misunderstanding is the part on the Prime Minister, and more specifically, his/her appointment, and dismissal.
The President won’t actually appoint the PM in reality.
The report itself is divided into 4 main sections, the introduction, the methodology, validation and implementation. These are further divided into 9 annexes. The bit about the Prime Minister is in Annex B. The CONSTITUTION OF KENYA (AMENDMENT) BILL.
Part 2A, titled, THE PRIME MINISTER AND DEPUTY PRIME MINISTERS indicates that indeed the Prime Minister shall be appointed by the President, and also, dismissed by the President.
However, it is more of a ratification than an appointment. The President will merely be rubber-stamping. The real appointment will take place in The House where members shall elect a Prime Minister from among themselves (consequently from the majority Party or coalition) and forward the name to the President. The President shall thus be presented with a fait accompli, and has no power to choose any other name other than the one presented to him.