Kenya: A Summary Of the Schedules

from odhiambo okecth

Thanks for taking us through the schedules Elijah.

This marks the end of this journey. What we are waiting for is a summary of the gains from the entire document from Migosi Disckson Mitaiwa which he will post on Friday.

Keep date with us on the final document.

I must thank the team that has been so dedicated in these forums in debating the document. It has been very informative. It has made many see the light.

From the Green corner, I must thank Otieno Sungu, Elijah Agevi, Evans Machera, Kuria-Mwangi, Lee Makwiny, Orina Nyamwamu, Dr Makodingo, the 2 Millies- Hon Odhiambo and CEO Odhiambo, President Ogendi, Dr Matunda, Prof John Maina, Lister Nyaringo, Enock Oduba, Dr Shem Ochuodho, Joram Ragem, Tom Kagwe, President Morris Odhiambo, Oduor Ongwen, Dr George Omburo, Judy Miriga, Erickson Oduya, Mburi Wabwaya, George Nyongesa, Maurice Oduor, Mt Edari and the entire team that has supported us in this online campaign.

Your contributions have been a source of encouragement.

I also want to commend the other team members. They were indeed, the Dare Devils; Gen Kombo, Okiya Omtatah, Dr Abonyo, Bishop Julius Mbagaya, Reuben Kigame, Jonah Ogaro and the few people who were supporting their stand on the proposed constitution.

You got it all wrong but you put up a spirited defense. You are honest people loosing honourably. Thank you for putting up a spirited mis-information campaign.

This has been rather informative and we want to confirm that we are all Kenyans, united in common destiny. Let us go out on 4th August and vote YES as a team. Whether you were saying NO, or YES. Let us all go out and say YES so that once this document is enacted and ratified, we start the process of building one united Kenya.

Peace and goodwill to all of us.

Odhiambo T Oketch
Green Centre Command Post

Dear Comrades,

Please find below the final posting in this series. It is devoted to the last section of PC- The Schedule.

Have a nice read as I proceed to Kenya School of Monetary Studies to deal with Land and Constitution Debate.
………………………………….

A Summary Of the Schedules

There are six schedules that have been put together with the view of elaborating on the contents of some chapters see first schedule for the full list of the counties. The schedules also clearly outline the steps that must be taken to give life to the constitution. This is exemplified by schedule five where the 70 legislative actions are to be undertaken by parliament. This will be done within specified time for each chapter and article. There is therefore no room for our reluctant MPs to say they do not know what, when and how.

The summary of the six schedules are outlined below.

Fist Schedule (Article 6-1)
The first schedule outlines the 47 counties based on the legal district as per 1992. However in future the outcome from the boundaries commission chaired by Andrew LIgale would provide a sound basis for rationalizing the number of counties
Second Schedule (Article 9-2)
This schedule is straight forward and simply outlines the National symbols, anthem, the coat of arms and the public seal

Third Schedule (Article 74, 141, (3) 148 (5) and 152(4))
The third schedule is devoted to the oaths to be undertaken by the president, deputy president, cabinet secretary, members of judiciary and the members of the senate and national assembly and speakers.

Fourth schedule (Article 185(2), 186(1) and 187(2))
This is an important schedule because as it seeks to show what the national government will do and what the new governance structure, the county government will do. The 35 functions of national government are outlined in part one of the schedule while part two provides the 14 functions to be performed by the county government.

Fifth Schedule (Article 261 (1))
The fifth schedule is the kingpin as it equivocally provides the legislation to be enacted by parliament, chapter by chapter, article and time frame. This is provided in an easy to read tabular form see pages 189 to 191.

Six schedule
The sixth and final schedule on transitional and consequential provisions provides a road map on how we shall move from were we are now to the new constitution dispensation. It is broken into (6) main parts covering a total of 34 articles.

· Part one covers: interpretation, suspension of provisions of this constitution, extension of application of provisions of the former constitution, parliamentary select committee and commission of the implementation of the constitution

· Part two deals with existing laws and rights as follows: rights, duties and obligations of the state, existing laws, and existing land holdings and agreements relating to natural resources

· Under national government in Part three issues of election and by-election; national assembly; the senate; executive and oath of allegiance in the constitution are eloquently dealt with in this section.
· Devolved government is covered under part four. The key areas dealt with under this part include: operation of provisions relating to devolved government; provision for devolution of functions to be made by act of parliament; division of revenue; provincial administration and local authorities

· Part five is devoted to the administration of justice. This part details: rules of the enforcement of the bill of rights; the judicial service commission; establishment of the Supreme Court, judicial proceedings and pending matters, judges and chief justice.

· Commission and oath offices together with miscellaneous matters are dealt with in part six. In this part the constitutional commissions are outlined. These are: The commission on Implementation of the Constitution and commission on Revenue Allocation; Kenya National Human Rights and Equity Commission; the interim independent boundaries commission; the Interim Independent Electoral Commission and new appointments.

· The miscellaneous part deals with citizen by birth, existing offices, pension, gratuities and other benefits, succession of institutions, offices, assets and liabilities and currency.

Have a peaceful and decisive voting day on 4th August, 2010 and play your part in assisting in ushering in of a new dawn in Kenya.

Yes the struggle and work continues until……………….

Regards

Elijah Agevi

Leave a Reply

Your email address will not be published. Required fields are marked *