Friends,
It has been a very long time in search of a new constitution. And with the unveiling of the Harmonized Draft, it is now our turn to add value.
As we read and make comments, let us all agree that once passed, Parliament will not make any amendments to it. They will pass it as so desired by the People of Kenya.
If we pass the recall clause, and again subject the same to our MPs in Parliament, be sure they will go and amend it, in the process, they will remove it.
We have all seen how our MPs behave with serious National Issues in Parliament and I bet, if we subject the Final Draft open to Members of Parliament, they will be bought and in the process, they will ruin our party.
Over to all of us, and Viva Kenya.
Peace and blessings,
Odhiambo T Oketch,
http://kcdnkomarockswatch.blogspot.com
Odhiambo et all,
How about this…….
While I am awaiting the circulation of the Draft Constitution, I have this to share:
While contemplating the reading of the draft constitution, on behalf of the Diaspora, I believe the Constitution must be a voice of reason that which protects the interest of the General Public and we should consider taking careful note on things that raises Red Flag. Where Public interest is concerned, Public must be informed and participate in playing a role to protect their interest. These are the same concern issues that brought Kenya down to its knees, and we can fix and shape them to provide an improved future. We must plan for our destiny together as a people of Kenya.
It is paramount important that the Public be part and parcel in decision making. This can be done under Civil Society Caucus provision where we will have a constant voice of representation and from where will take charge on daily happenings that affect developmental issues as well as inject ideas which will help elevate our economic position to face challenges at the International Market World Order.
Our main Aim, Purpose and Concern is to see Kenya and the Kenyan Local Community get out of poverty, develope and live a prosperous dignified life so Kenyans in Diaspora can mingle in Partnership to achieve investment prospects with other development matters in a conducive environment and compete in the Global Market, because it is possible and it can be done.
We require therefore that the Civil Society be recognized by the Government in all decision making and be provided with an opening slot in parliament for Caucus Representation meetings for dialogue instead of running around the street waggling with police in chase chase, and we believe this will strengthen participation towards improving our destiny and dignity in a short-space-of-time, so together, in preserving Human Dignity, we will help get Kenya out of the gutter as fast as possible while look forward towards greener pastures when tackling issues that are a stumbling block like:
1) Diagnosis that the sluggish social, political and the economy needed a jolt, overruling political and economic advisers who forecast dangerous policy and budget deficits and how to make those Public and Foreign policy advisers take a look deeper
2) Measuring time frame on Service delivery to public and Government response to emergency call in relation to speed
3) What to do with bribery, racketeering, fraud, money laundering, expenditure of public funds without consultation and permission and the obstruction of justice by those in leadership position
4) Question of priorities and how to fit things in without putting a burden on the public
5) Facing the valley of civilization and development and defining roles for working relationship in forming close partnership between the Government Service Body and the Civil Society in a Caucus which is a community driven gadgets for service delivery and prosperity
6) How to respect and abide with the public opinion and powers of the Presidency trimmed for security purposes
7) How to deal with matters of Felony, Misuse of Public Resources as and punishment meted for obstruction or delay of such cases
8) Land issues laws with clear Federal boundaries to avoid political schemers
9) Defining clear electioneering processes default by which will require defaul measures
10) Record system must be validated, computerized and centralized for easy retrieve of information by public if and when required for purposes of checks and balances in such situations where Government payments are not made to the already dead people
I appeal to people to distribute (on the internet) and read the Constitution however big it looks, lets break it down and summarize it in this forum folks.
Thanks,
Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
What if Our MPs decide to amend the Harmonized Draft Constitution before referendum, and wananchi rejects it, what will happen? What if parliament rejects it before referendum, will we still be able to vote? If NO, why should it be discussed in parliament before the big day?
Evans
ROTATING PRESIDENTIAL SYSTEM IS BEST FOR KENYA
I sent this contribution to the Committee of Experts but they do not seem to have taken it into account when coming up with the Draft Constitution. However, I think that this would be a better option than what I have read in the Draft Constitution. I seek to share my views with fellow Kenyans.
Debate has been going on as to whether Kenya should have a Presidential, Parliamentary or Hybrid system of government. Politicians and other stakeholders have had polarised positions on these systems. It is advisable to seek a third option that will unite Kenyans and encourage them to work for the common good.
A more equitable and long lasting solution would be to adopt the Swiss Model of rotating presidency. This involves abolishing the one-man presidency and instead creating a National Executive Council. Each province would then elect a provincial member of the Council. The Council becomes the national executive arm of government. The Council then selects from its members a President and Vice President, each to serve for a one year term. Each Member of the Council will therefore be able to serve as both President and Vice President during the life of the National Executive Council.
This system will mean that the country gets a different President and Vice President every year. However, the country will be stable as the Council will be in charge of the Presidency and accountable to an independent parliament and the nation as the executive arm of government. The President will act as Primus inter pares, that is to say, “First Among Equals” in relation to the other members of the Council. This will ensure that the members of the Council are collectively responsible for the decisions and actions of the executive arm of government and that there are no major policy shifts when a new President assumes office.
The other members of the National Executive Council, while waiting for their turn to be President or Vice President, will be in charge of key government and national functions. Government ministries will have to be consolidated into clusters of national functions, each cluster headed by a member of the Council. The leadership of each of these functions should rotate among the members of the Council, Membership of the Council should be restricted to one term. This way, many people will get to serve as President, Vice President and members of the National Executive Council, meaning that these positions will no longer command the high stakes as is the case currently. Furthermore, all regions will get their turn to lead the nation and therefore ethnically based competition will be greatly reduced.
To properly implement this system in the Kenyan context, the two largest provinces, Eastern and Rift Valley, would have to be each divided into two so as to create a total of ten provinces. The National Executive Council will therefore have ten members, to serve for one term of ten years. This will reduce the frequency of presidential elections and the associated tension and therefore give the country stability to pursue economic development.
This system will give the nation a fully elected executive, checked and balanced by an independent and fully elected parliament. It will encourage consultation and consensus building. It will also meet the 10 principles espoused by the Committee of Experts, which include the need to or need for: unify and strengthen the nation; constrain executive power, embrace the separation of powers, de-centralise power; avoid dangerous and acrimonious presidential and other national elections, avoid the winner-take-all electoral system; and deepen accountability in government. It will provide for a stable and effective government; ensure equity in the distribution of national resources; strengthen and regulate political parties, and ensure ethnic balance. All Kenyans will be winners if this system is adopted.
Switzerland, the country with the highest standard of living in the world, has used this system of rotating presidency since 1848. It was chosen after a lot of ethnic wars and disagreements over leadership and the control of resources. Their stability and prosperity is largely attributable to their choice of rotating presidency. As Kenya considers changing the constitution, I highly recommend that this option be considered.
Kamkenya
The bloggers and the readers of this website need to read this ” draft constitution” and help ordinary “wanainchi” with its content. This document cannot be left to politicians and national newspapers in this country to interpret it to the public. If left to these crowd,there is ample chance that they will only spin it to their advantage by misleading the public.
I wish Kenya public was literate to read this document directly without conduits..but this is wishful thinking on my part!. I don’t know if local colleges in Kenya can ask their students to help by dispatching them back to their villages/communities to discuss this documents with them …than politicians!
I don’t think MPS will offer potential amendments that can improve this document…therefore the public MUST get involved and demand some changes.
In my opinion, this document is bigger and more important than the election/selection of both President and PM in this country. Not to be emotional or anything, constitution is the foundation/corner stone of society. It saddened me to see these MPS debate this document in terms of what is best for them!!!!. For example, the major parties: PNU and ODM approach this document like their own private property to use in political power distribution in this country.
To be blunt and specific, Kenyans of all walks of life should not: accepted or rejected this document on how it will affect power of: Mr. Kibaki, Mr.Oginga, and the rest of fraudulent politicians in this country.
If there is time for all Kenyans to come together as one people..one country regardless of tribal affiliations…this is IT!!!!!.
The current crop of leaders will come and go, but this constitution will endure for future generation to come, and this the only way the people of Kenya should debate this document. Personally, I would NOT give rat ass what political leaders and their tribal suitcase parties think about this constitution!.
My preliminary assessment shows that there are good things about the proposed document. I have spent time reading the” Merits of devolved governments”. Decentralization of governing has the potential of delivering public services to the people in their respective communities.
Some of the concerns that may need to be addressed are in the area of direct or indirect election of chamber members in: Regional, county houses and Wards. I would recommend amending this draft constitution to allow direct election in all public office in this country. I am afraid political parties will manipulate local selection in these local chambers if the constitution cannot protect the public in how to conduct these elections.
For the National assembly, Kenya public should demand TERM LIMIT to all MPS in this country. There is no reason for both the President and the PM to be term limited and the MPS to serve unlimited terms in the parliament. The recall clause should NOT be left to National assembly to decide or have the final word!. If the public cannot get term limit on MPS then the public should at least get robust recall clause on MPS.
Another area that need to be amended and spelled out clearly this time is TAXATION. This document must spell out how MPS and all public officials in this country will and MUST pay taxes in all their income … the consequences of not or refusing to pay taxes must be spelled out.
This document must also address corruption in specific terms and this should not be left to the national assembly to define corruption to the public. The public should again demand an amendment to spell out the consequences of public corruption in office.
Ms. Judy, I am willing to answer your call. I will distribute this document to my students, contacts and civic leaders who have your country at heart. In coming months, I will devote my time on the “Devolved government” section of this document..here also Ms. Judy, I am willing to offer FREE services to automate and computerize public records to: Regional, County and Wards who may be interested in efficient public record keeping. Let us get involved in tweaking this document…it is good for current and future generation in Kenya.
As a tax payer and law abiding citizen, i wish to express my opinion on the constitution reviewed. First many thanks to the CoE for work done “heko”. Now am very concerned about the conduct of our Members of Parliaments, how they perform their duties especially to their constituents. Some of them have made parliament to be the source of their living after every 5 (years), this has made the same mps who are frequent in parliament not to perform. They enjoy taxpayers’ money on hefty allowances and luxuries. The CoE should consider including:-
1. Time frame to which an mp is allowed to vie for parliamentary or civic seat i.e. a maximum two(2) terms)
2. A tag on salary and allowances they receive such that it can be recalled if the mp has not performed (being an mp is like an employee who earns salary and employer cannot pay salary if his/her employee is not performing).
3. The decisions affecting mps affairs should not be subject to debate in parliament by the same mps (this will ensure that mps will not make decisions which benefit themselves).
4. Mps should also have a performance contract just like anyone holding public office in the Republic of Kenya.
5. Taxation, a poor farmer who earns his/her living from farm produce pay taxes which are either held by co-orperative society or by banks on the little savings they make. This should be entrenched in the constitution to compel mps to mps to pay taxes like any other citizen.
Areas of my concerns above may be subject to a heated debate by mps and they will take every possible steps to exclude them from draft constitution. Currently some mps have already taken sides on the draft constitution; the next move will be to mislead their constituents not to vote for the change Kenyans have been yarning for 46 years.
Fellow Kenyans we should be a ware that it is our sweat that the so called mps are joyriding on. We should know that most of the mps have self interest in the constitution for safeguarding their ill deeds in the past and they will be marshalling their troops to shoot it down but we have the power and the will from GOD to have it right this time.
Remember we shop in the supermarket with them, they own shares in such supermarkets come their tern for service delivery, “we will meet after 5 years”.