from Judy Miriga

Folks,

The New Constitution is an ORDER and not an OPTION.

It does not have to go according to the wishes of Kenya MPs whether they have to agree ananimously or not. It is an Official Order that, wapende wasipende, they have to seek fresh mandate from public. The New Constitution is People ORDER that these good-for-nothing MPs MUST go home. Their stay in Office is making things worse than they should. They cannot even stop invasion of Al-Qaeda, Al-Shabaab, Somali Pirating in the Indian Ocean, Invasion of Migingo, Lake Victoria, River Nile, corruption of backdoor deals with China and Libya, irrelevancy thievery pact of East African Community behind the scene negotiations, the Intelligence Property corruption and Theft by the African Union, thieving through World Bank, IMF, IFAD, COMESA etc., lack of interest and inability to tore line within the stated requirment of the Reform Agenda and as guided by the New Constitution are signs these corrupt leaders will delay IMPLEMENTATION OF THE NEW CONSTITUTION……..THEREBY, expounding instances of the Insecurity of Kenyan Public including those of the world etc., etc., are reasons these politicians are spent forces and MUST GO HOME by 2012.

We have lost so much because of these non-thinking selfish leaders. These leaders have caused us much pain and sufferings, and they have fixed mind-set that of looting, killing and throwing peoples dignity, honor and value. They are throwing the Republic of Kenya to the jaws of colonialism by the Chinese and Libya…..they signed Memorundum of Understanding to enslave us to China and Libya……They MUST be forced out using the only weapon we have that of the CONSTITUTIONAL NEW ORDER for REFORM AGENDA. We want change and want it right now.

Above all OCAMPO and ICC Hague Mission MUST BE ACTIVE AND FAST ACTING.

We want to engage REFORMIST, those with eyes for building the future for purposes of Unity and progress for common good of all Kenyans, not those with selfish minds, who care for personal, their families and tribal economic empowerment while invading resouce values of other communities without regards to humanity.

If beyond reasons the NEW CONSTITUTION IMPLEMENTATION IS NOT COMPLETED BY six months time, we MUST DEMAND TO EVICT THE COALITION GOVERNMENT

and REPLACE IT WITH AN INTERIM GOVERNMENT to OVERSEE THE COMPLETION

OF THE NEW CONSTITUTION IMPLEMENTATION.

This cannot wait and so the Kenyan MPs MUST show signs of complementing their work

according to earned salaries they get from taxpayers.

Thanks,

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

Justice and Constitutional Affairs minister Mutula Kilonzo has said the next General Election cannot be held in August 2012 as per the new Constitution November 9, 2010. FILE

By ALPHosted Tuesday, November 9 2010 at 16:48 ONCE SHIUNDU, ashiundu@ke.nationmedia.com
PKenya MPs have unanimously agreed that the next General Election cannot be held in August 2012 as stipulated in the new Constitution.

But, even as they ruled out the August poll date, they were not clear on when the next polls will be held, with some of them saying December 2012 while the others insisted it will have to be “sometime in March 2013″.

The MPs cited Clause 10 of the Sixth Schedule of the new Constitution to back their position, saying the term for the current Parliament had been “saved”.

The clause reads: “The National Assembly existing immediately before the effective date shall continue as the National Assembly for the purposes of this Constitution for its unexpired term.”

“That unexpired term cannot have any other meaning,” Justice minister Mutula Kilonzo told the Nation at the sidelines of a meeting at the Kenya Institute of Administration Tuesday.

The minister said that as long as the coalition government continued to operate, then Parliament’s mandate will hold until the next elections in December, and the August poll date will only apply to the next Parliament.

“We can have the elections in December,” said Mr Kilonzo. He said the old Constitution still applied and that’s why they have to be in office until December 2012.

Mr Abdikadir Mohammed, the chairman of Parliament’s Constitutional Implementation Oversight Committee, said it “wouldn’t make sense” to have the elections in August 2012, because that will “shorten” the implementation period.

Mr Mohammed told the Nation that if the August 2012 poll-date was to apply, then Parliament will have to dissolve itself in May to give room –the mandatory 60 days—within which the electoral commission has to prepare and conduct elections.

However, like the Justice minister, Mr Mohammed too cited the “unexpired term” tag in the transition and consequential clauses of the Constitution to say that the election date has to be in December 2012.

“The date for the next elections,” Mr Mohammed said, “has to be exactly five years from the date of the last election, and that is December 2012

He said the heavy schedule in setting up institutions, laws and infrastructure for the new dispensation, needed time, and that’s why the 10th Parliament – the current one — will not dissolve itself in May 2012.

“We have so much on our plate, especially the work to do with counties and devolution. It is a lot and we need time,” said Mr Mohammed.
While the powers of the current Parliament are extended until the next elections, the President’s powers to dissolve Parliament –the very powers that he held in the old Constitution—are not in the new Constitution.

Mr Ababu Namwamba, the chairman of the Justice and Legal Affairs Committee, also ruled out the August poll date, but then explained the “unexpired term” to mean that the MPs have to be in Parliament until January 15, 2013 –that’s the day they were sworn in.
Mr Namwamba’s interpretation means that the next elections will come up on or before March 2013, taking into account the 60-day time limit for the electoral body to organize the poll.

However, the Justice Minister was categorical: “Those saying August 2012 and those saying March 2013 are all wrong. The polls have to come in December. I showed them this Clause (10 of the Sixth Schedule) and I think they agreed with me that December is the date. We can’t have them (the polls) in 2013. That will be more than five years.”

The two-day retreat ended with MPs agreed that their term will last until December 2012. They also agreed that all public officers will have to be vetted, regardless of whether they were elected by professional bodies or nominated by the President and the Prime Minister.

“We’ll vet everyone, whether they are elected by a few hundred professionals or nominated by the President. Because in any case, the President draws his mandate from the votes of close to four million Kenyans. So really, there shouldn’t be a difference in the way we treat the nominees,” Mr Namwamba told the Nation.

The House team pledged to stick to the Constitutional deadlines and put in place laws to quickly roll out the new Constitution.
Mr Mohammed, the chair of the Constitutional Implementation Oversight Committee, said that MPs will agree based on the need –whether to take their December recess and come back early (before March) from the recess.

The retreat ended with MPs promising to uphold the spirit of the Constitution –that of upholding transparency in all Public appointments.

WHAT THE CONSTITUTION SAYS ON:

ELECTION DATE
CLAUSE 3 (2) of the Sixth Schedule
Sections 30 to 40, 43 to 46 and 48 to 58 of the former Constitution, the provisions of the former Constitution concerning the executive, and the National Accord and Reconciliation Act, shall continue to operate until the first general elections held under this Constitution, but the provisions of this Constitution concerning the
system of elections, eligibility for election and the electoral process shall apply to that election.

CLAUSE 9(2) of the Sixth Schedule
(1) The first elections for the President, the National Assembly, the Senate, county assemblies and county governors under this Constitution shall be held at the same time, within sixty days after the dissolution of the National Assembly at the end of its term.
(2) Despite subsection (1), if the coalition established under the National Accord is dissolved and general elections are held before 2012, elections for the first county assemblies and governors shall be held during 2012.

TERM OF PARLIAMENT

101. (1) A general election of members of Parliament shall be held on the second Tuesday in August in every fifth year.
Clause 10 of the Sixth Schedule
10. The National Assembly existing immediately before the effective date shall continue as the National Assembly for the purposes of this Constitution for its unexpired term.