This is an excellent piece.
We need complete overhaul of that country.
We must and should learn from the Americans what they did in 1787; abolishing the prior colonial constitution and coming up with a new republic’s constitution suited for Americans.
Devolve,the power and we will be on our away to prosperity
——————————————————————————–
Kenya is ripe for a Constitutional Court
By Prof George Luchiri Wajackoyah
March 10 2008
At least Hon. Kibaki has done what he ought to havedone. However, I have a few suggestions. In order to achieve neutrality, I suggest that devolution of our political system should be tailored along the Indian, US and perhaps the South African systems. Kenya should be divided into nine or ten States each with an elected State governor complete with political autonomy similar to the Cantos in Switzerland. Foreign and national security should be left to the federal government with its seat in Eldoret a strategic city which will do well for the capital. Nairobi should remain the commercial capital, whereas, Mombasa and Kisumu the port cities. Nairobi is currently congested with a miniature of economic activities that favorsthe economic output of central and eastern regions. We should borrow a leaf from Nigeria and learn from its experiences with Abuja.
Kenya is ripe for a Constitutional Court. South African constitutional court has served as a neutrality to check the balance of power between parliamentary and state action as far as fundamental issues are concerned. The same thing occurs here in the United States where, the United States Supreme Court has often invalidated State actions that interfere with fundamental rights protected by the constitution. There are various examples that Kenya would borrow for guidance.
The Kenya Police Act needs an absolute overhaul. The Act allows the police to thematically and systematically abuse the very rights that they are mandated to protect. The police can stop, search and arrest anyone without probable cause. Here, this would violate the FOURTH AMENDMENT right which requires a search warrant that might be accompanied with probable cause unless exceptions apply. It would be prudent if we copied bits of the Indian Constitution and the sabbatical ruling of the Supreme Court of India. The Kasavinanda case as presided by Justice Bagwati eliminated locus standi(?). In that case, the Supreme Court overtook parliamentary role when it ruled that one need not to have an injury in order to sue. This ruling opened and widened the gap, giving rights to nonparties to sue on behalf of the injured, something that would not happen here in the United States. One can imagine how many wrongs imputed on Kenyans by state agents but for the stated reasons above, injuries continue to occur.
Kenya should have three tiers, metropolitan, rural, urban or city police. A diversity police college should supplement our traditional GSU and Kenya Police Colleges in Kiganjo. The Diversity Police College should be manned by a group of civilians where subjects such as law, psychology, philosophy and morality should be taught. This would weed out the Macho teachings of Kiganjo. I trained in Kiganjo twice and the instructions there were too colonizing with the Afande mentality. In the alternative, Kenya is ripe for a police university where police officers should be encouraged to pursue a degree in police work including intelligence. The Department of National Security Intelligence spends millions of shillings on training its personnel overseas. This process is flawed and rife with nepotism where a selected few and high ranking officers are given the privilege…….. (to be continued).
George Luchiri Wajackoyah is an adjunct professor of comparative constitutional and criminal law at American Heritage University in California.
Sent by Vincent.
WE DONT NEED KENYA WHICH IS IN THE YOKE OF ANOTHER COUNTRY- ESPECIALLY BRITAIN-WE NEED OUR KENYA
I was disappointed when I read that Britain is still trying to infuse further influence on our Parliamentary system of administration after contributing to the greatest corruption and looting of Kenya through there companies and support of despotic leaders like Kenyatta- Moi and recently Kibaki….culminating into the worst post election violence Kenya has witnessed since pre-indipendence [presided by Britain]:
It is not suprising that the current Bill supposed to be entrenching the Prime Ministers Authority is being eyed by Britain as nothing but an extension of their failed and corrupt policies in Kenya.
kenyans must therefore invoke their policy of non-alliance and take Kenya in a direction keeping Britain in as least spheres of influence as possible.
To this end the accord must reduce all those Original Divisions which drove kenyans into ethnic compartments and pitting kenyans into precipitated ethnic clashes of one tribe against the other-this is not only the Kenya we dont want but kenya we must resist at any cost…
Raila and kibaki must do away with all those District and govern Kenya atleast through Provinces only;-
A-This will rduce the now big government into small manageble regions and with the devolution of wealth it will not dienfranchise other regions.
B- It certainly will stop ethnic clashes cold and allow kenyans to enjoy the fruits of their country anywhere and everywhere they want.
c- It will allow the economy of kenya to move freely and eliminate uneccessary unequal taxation.
D- It will eliminate the current authoritative and highly politicised District Commissioners positions which have been effectively used to suppress kenyans regionaly and Politically.
E- It wil remove the reliance and the yoke of [Britains]colonial forms of administration.
Kenya must move to:
Small Government
Free-enterprise
Lower Taxed and Capitalistic country-
Chartered the “Kenyan Way”
http://news.bbc.co.uk/2/hi/africa/7269476.stm
http://eastandard.net/news/?id=1143983417&cid=4&PHPSESSID=f1f1a22b4c4f00da1f3b36ebef72b66c
WE DONT NEED KENYA WHICH IS IN THE YOKE OF ANOTHER COUNTRY- ESPECIALLY BRITAIN-WE NEED OUR KENYA
I was disappointed when I read that Britain is still trying to infuse further influence on our Parliamentary system of administration after contributing to the greatest corruption and looting of Kenya through there companies and support of despotic leaders like Kenyatta- Moi and recently Kibaki….culminating into the worst post election violence Kenya has witnessed since pre-indipendence [presided by Britain]:
It is not suprising that the current Bill supposed to be entrenching the Prime Ministers Authority is being eyed by Britain as nothing but an extension of their failed and corrupt policies in Kenya.
kenyans must therefore invoke their policy of non-alliance and take Kenya in a direction keeping Britain in as least spheres of influence as possible.
To this end the accord must reduce all those Original Divisions which drove kenyans into ethnic compartments and pitting kenyans into precipitated ethnic clashes of one tribe against the other-this is not only the Kenya we dont want but kenya we must resist at any cost…
Raila and kibaki must do away with all those District and govern Kenya atleast through Provinces only;-
A-This will rduce the now big government into small manageble regions and with the devolution of wealth it will not dienfranchise other regions.
B- It certainly will stop ethnic clashes cold and allow kenyans to enjoy the fruits of their country anywhere and everywhere they want.
c- It will allow the economy of kenya to move freely and eliminate uneccessary unequal taxation.
D- It will eliminate the current authoritative and highly politicised District Commissioners positions which have been effectively used to suppress kenyans regionaly and Politically.
E- It wil remove the reliance and the yoke of [Britains]colonial forms of administration.
Kenya must move to:
Small Government
Free-enterprise
Lower Taxed and Capitalistic country-
Chartered the “Kenyan Wayâ€
http://news.bbc.co.uk/2/hi/africa/7269476.stm
http://eastandard.net/news/?id=1143983417&cid=4&PHPSESSID=f1f1a22b4c4f00da1f3b36ebef72b66c
Sacrifices made
The Eldoret North MP warned politicians not to reduce the sacrifices made in the past few months to a scramble for positions.
“Life and property have been lost. Let’s not talk about positions when many people are still living in camps as refugees in their own country,†Mr Ruto said.
The MP added: “Kenyans should pull up their socks, tighten their belts, roll up their sleeves and deal with various historical injustices, marginalisation problems and tribalism tearing the country apart.â€
“In ODM, we strongly believe that it’s time for us to make sacrifices, like other Kenyans, in order to begin in earnest solving problems affecting Kenyans instead arguing about positions,†said Mr Ruto.
The legislator added that the issue of positions amongst leaders across the political divide was “small and minor†and it was not of interest to the majority.
Dance in the rain
“Life is not always about waiting for the storm to pass. Sometimes it’s about learning to dance in the rain,†Mr Ruto said, calling on leaders in the country to preach peace and not who gets what in the grand coalition between PNU and ODM.
Elsewhere, seven MPs Sunday urged coastal communities to promote peace following the political crisis that rocked the country after the disputed polls.
The ODM legislators led by Mvita MP Najib Balala said the party agreed to form a coalition with PNU to unite communities and restore peace in the country.
They were speaking in Mgange, Taita District.
2 Responses to “FEATURE: Kenya is ripe for a Constitutional Courtâ€
Feed for this Entry Trackback Address
1 ADONGO CALEB
Mar 18th, 2008 at 3:05 am
WE DONT NEED KENYA WHICH IS IN THE YOKE OF ANOTHER COUNTRY- ESPECIALLY BRITAIN-WE NEED OUR KENYA
I was disappointed when I read that Britain is still trying to infuse further influence on our Parliamentary system of administration after contributing to the greatest corruption and looting of Kenya through there companies and support of despotic leaders like Kenyatta- Moi and recently Kibaki….culminating into the worst post election violence Kenya has witnessed since pre-indipendence [presided by Britain]:
It is not suprising that the current Bill supposed to be entrenching the Prime Ministers Authority is being eyed by Britain as nothing but an extension of their failed and corrupt policies in Kenya.
kenyans must therefore invoke their policy of non-alliance and take Kenya in a direction keeping Britain in as least spheres of influence as possible.
To this end the accord must reduce all those Original Divisions which drove kenyans into ethnic compartments and pitting kenyans into precipitated ethnic clashes of one tribe against the other-this is not only the Kenya we dont want but kenya we must resist at any cost…
Raila and kibaki must do away with all those District and govern Kenya atleast through Provinces only;-
A-This will rduce the now big government into small manageble regions and with the devolution of wealth it will not dienfranchise other regions.
B- It certainly will stop ethnic clashes cold and allow kenyans to enjoy the fruits of their country anywhere and everywhere they want.
c- It will allow the economy of kenya to move freely and eliminate uneccessary unequal taxation.
D- It will eliminate the current authoritative and highly politicised District Commissioners positions which have been effectively used to suppress kenyans regionaly and Politically.
E- It wil remove the reliance and the yoke of [Britains]colonial forms of administration.
Kenya must move to:
Small Government
Free-enterprise
Lower Taxed and Capitalistic country-
Chartered the “Kenyan Wayâ€
http://news.bbc.co.uk/2/hi/africa/7269476.stm
http://eastandard.net/news/?id=1143983417&cid=4&PHPSESSID=f1f1a22b4c4f00da1f3b36ebef72b66c
Your comment is awaiting moderation.
1 ADONGO CALEB
Mar 18th, 2008 at 3:13 am
Sacrifices made
The Eldoret North MP warned politicians not to reduce the sacrifices made in the past few months to a scramble for positions.
“Life and property have been lost. Let’s not talk about positions when many people are still living in camps as refugees in their own country,†Mr Ruto said.
The MP added: “Kenyans should pull up their socks, tighten their belts, roll up their sleeves and deal with various historical injustices, marginalisation problems and tribalism tearing the country apart.â€
“In ODM, we strongly believe that it’s time for us to make sacrifices, like other Kenyans, in order to begin in earnest solving problems affecting Kenyans instead arguing about positions,†said Mr Ruto.
The legislator added that the issue of positions amongst leaders across the political divide was “small and minor†and it was not of interest to the majority.
Dance in the rain
“Life is not always about waiting for the storm to pass. Sometimes it’s about learning to dance in the rain,†Mr Ruto said, calling on leaders in the country to preach peace and not who gets what in the grand coalition between PNU and ODM.
Elsewhere, seven MPs Sunday urged coastal communities to promote peace following the political crisis that rocked the country after the disputed polls.
The ODM legislators led by Mvita MP Najib Balala said the party agreed to form a coalition with PNU to unite communities and restore peace in the country.
They were speaking in Mgange, Taita District.
Your comment is awaiting moderation.
WE DONT NEED KENYA WHICH IS IN THE YOKE OF ANOTHER COUNTRY- ESPECIALLY BRITAIN-WE NEED OUR KENYA
I was disappointed when I read that Britain is still trying to infuse further influence on our Parliamentary system of administration after contributing to the greatest corruption and looting of Kenya through there companies and support of despotic leaders like Kenyatta- Moi and recently Kibaki….culminating into the worst post election violence Kenya has witnessed since pre-indipendence [presided by Britain]:
It is not suprising that the current Bill supposed to be entrenching the Prime Ministers Authority is being eyed by Britain as nothing but an extension of their failed and corrupt policies in Kenya.
kenyans must therefore invoke their policy of non-alliance and take Kenya in a direction keeping Britain in as least spheres of influence as possible.
To this end the accord must reduce all those Original Divisions which drove kenyans into ethnic compartments and pitting kenyans into precipitated ethnic clashes of one tribe against the other-this is not only the Kenya we dont want but kenya we must resist at any cost…
Raila and kibaki must do away with all those District and govern Kenya atleast through Provinces only;-
A-This will rduce the now big government into small manageble regions and with the devolution of wealth it will not dienfranchise other regions.
B- It certainly will stop ethnic clashes cold and allow kenyans to enjoy the fruits of their country anywhere and everywhere they want.
c- It will allow the economy of kenya to move freely and eliminate uneccessary unequal taxation.
D- It will eliminate the current authoritative and highly politicised District Commissioners positions which have been effectively used to suppress kenyans regionaly and Politically.
E- It wil remove the reliance and the yoke of [Britains]colonial forms of administration.
Kenya must move to:
Small Government
Free-enterprise
Lower Taxed and Capitalistic country-
Chartered the “Kenyan Wayâ€
http://news.bbc.co.uk/2/hi/africa/7269476.stm
http://eastandard.net/news/?id=1143983417&cid=4&PHPSESSID=f1f1a22b4c4f00da1f3b36ebef72b66c
Sacrifices made
The Eldoret North MP warned politicians not to reduce the sacrifices made in the past few months to a scramble for positions.
“Life and property have been lost. Let’s not talk about positions when many people are still living in camps as refugees in their own country,†Mr Ruto said.
The MP added: “Kenyans should pull up their socks, tighten their belts, roll up their sleeves and deal with various historical injustices, marginalisation problems and tribalism tearing the country apart.â€
“In ODM, we strongly believe that it’s time for us to make sacrifices, like other Kenyans, in order to begin in earnest solving problems affecting Kenyans instead arguing about positions,†said Mr Ruto.
The legislator added that the issue of positions amongst leaders across the political divide was “small and minor†and it was not of interest to the majority.
Dance in the rain
“Life is not always about waiting for the storm to pass. Sometimes it’s about learning to dance in the rain,†Mr Ruto said, calling on leaders in the country to preach peace and not who gets what in the grand coalition between PNU and ODM.
Elsewhere, seven MPs Sunday urged coastal communities to promote peace following the political crisis that rocked the country after the disputed polls.
The ODM legislators led by Mvita MP Najib Balala said the party agreed to form a coalition with PNU to unite communities and restore peace in the country.
They were speaking in Mgange, Taita District.