As the 30 day discussion of the Draft Constitution comes to an end the Committee of Experts (CoE) will then have 21 days to incorporate the views of Kenyans in the draft. The CoE will then turn it over to the Parliamentary Select Committee on the constitution leaving the quest for a new constitution to politicians… So we need to be ever more vigilant that our views don’t get diluted or thrown off e.g. the chance of having a new Kenya whereby the MP’s are not some demigods but servants as provided by the Right of recall an MP clause as stipulated by Article 131 Section (1)
131. (1) The electorate under Articles 125 and 126 have the right to recall their member of
Parliament elected before the expiry of the term of the relevant House of Parliament.
Key:
Article 125 = Membership of the Senate
Article 126 = Membership of the National Assembly
Below is my submission as a young Kenyan with great hope for my country and belief in some of the good content that this Draft Kenyan Constitution promises to harness the unparalleled potential of the most valuable natural resource in this country i.e. my mothers, my sisters, my friends, my un born daughters and by an implied extension to the whole Kenyan society.
So let’s do this:
CHAPTER THREE
NATIONAL VALUES, PRINCIPLES AND GOALS
13. (2)
(i) ensuring full participation of women, persons with disabilities, marginalized communities and all other citizens in the political, social and economic life of the nation;
(j) implementing of the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender;
Good
Assures for equitable access to elective or appointive bodies
Recommendation: Keep it
CHAPTER FOUR
CITIZENSHIP
Citizenship and marriage
18. (1) A person who has been married to a citizen for a period of at least seven years is entitled, on application, to be registered as a citizen.
Dual citizenship
21. (1) A person who is a citizen does not lose citizenship by reason only of acquiring the citizenship of another country.
Good
Unlike in current Constitution a Kenyan woman can have her Husband acquire Kenyan citizenship and benefit from full rights extended to citizens e.g. Tax incentives as stipulated by Article 18 section 1
Recommendation: Keep it as It is
Good
Article 21 Section 1 lets our Athletes and siblings who were extended an opportunity of a lifetime to better their livelihood from retaining their citizenship in Kenya so that they can better enrich the lives of those they left behind by not being out casts only because they took up citizenship in another country
Recommendation: Keep it as It is
CHAPTER SIX
THE BILL OF RIGHTS
Right to life
35. (1) Every person has the right to life.
(2) A person shall not be arbitrarily deprived of life.
Good
The assurance of right to life for all cannot be over emphasized by the clarity and conciseness of Article 35 Sections (1) and (2)
Recommendation: Keep it as It is
Freedom from discrimination
37. (1) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
(2) A person shall not discriminate directly or indirectly against another person on any of those grounds.
Gender
38. Women and men have the right to equal treatment including the right to equal opportunities in
political, economic, cultural and social activities.
Youth
40. (1) The youth constitute an integral part of society and are entitled to enjoy all the rights and
fundamental freedoms set out in the Bill of Rights, taking into account their unique needs.
(2) The State shall take legislative and other measures, including but not limited to affi rmative
action policies and programmes to—
(a) promote the welfare of the youth;
(b) ensure political participation by the youth; and
(c) protect the youth from cultural practices that undermine their dignity and quality of life.
Good
Articles 37, 38 and 40 ensure that Kenyans shall be empowered and not discriminated on grounds of age, sex, culture, socio – econo – political lineage
Recommendation: Keep it as it is
Health
62. (1) Every person has the right to health, which includes the right to health care services, including reproductive health care.
(2) No person may be refused emergency medical treatment.
Good
What Article 62 does is assure that each Kenyan especially the Kenyan woman has access to comprehensive healthcare and further puts her government to task through section 2 to avail these services to her, so that we wont have to loose mothers in the hands of ill equipped dispensaries in Rural Kenya because her twins suddenly decided to ‘jump rope’ with their umbilical codes causing a breached birth throwing her into need for an emergency delivery through C-section which the dispensary nor the nearby health centre had the capacity to handle as the helpless healthcare workers and loved ones sat and watched a mother pass away with her two daughters drowning inside her – all this happening against a back drop of Healthcare providers being poached by foreign nations e.g. Botswana as we spend our much needed resources to purchase refurbished Russian helicopters and fighter jets to prepare for war…
Recommendation:
1. Excellent - Keep as it is
2. Under the SIXTH SCHEDULE (Article 312(1)) LEGISLATION TO BE ENACTED BY PARLIAMENT We need to have a Reproductive Health Bill as one of the pieces of legislature to be enacted and a time line allocated against it to act as a guide to implement the provision of reproductive health care to all.
Part 3-Human Rights and Gender Commission
Human Rights and Gender Commission
76.
Good
Good stuff – its about time actually.
Recommendation:
1. We might want a gender commission that is separated from he Human rights one
2. But then again Gender rights are human rights…so keep it as it is Article 76 Section 2 (b) which proposes a Gender commissioner together with other commissioners sits in well with me as a Kenyan friend of the women
CHAPTER SEVEN
LAND AND PROPERTY
Principles of land policy
77. (2) (f) elimination of gender discrimination in laws, regulations, customs and practices
related to land and property in land; and
Good
Good stuff – it’s way behind its time, but better late than never – now women can own land in their fathers and husbands homes without fear of tradition.
Recommendation: Keep it as it is
CHAPTER NINE
LEADERSHIP AND INTEGRITY
Conduct of State officers
96. (2) A State offi cer shall not—
(e) use the influence of office to sexually or physically abuse any person, or to attempt to obtain sexual favours or other undue advantage from any person;
Good
Really a relief. This will make life better with less unwanted and un needed sexual innuendo and harassment
Recommendation: Keep it as it is
Responsibilities of leadership
94. (2) The guiding principles of leadership and integrity include—
(a) selection on the basis of integrity, competence and suitability, or election in free and fair elections;
(b) objectivity and impartiality in decision making and in ensuring that decisions are not influenced by nepotism, favouritism or other improper motives;
(c) selfless service based solely on the public interest, demonstrated by—
(i) honesty in the execution of public duties; and
(ii) the declaration of any personal interest that may conflict with public duties;
(d) accountability to the public for decisions and actions; and
(e) discipline and commitment in service to the people.
Good
All Article 94 is saying is that no one can come back and say that my very talented and highly qualified good friend Fatuma got the job because she is my ‘girl’ friend.
Recommendation: Good stuff keep as it is
CHAPTER TEN
REPRESENTATION OF THE PEOPLE
Candidates for election to comply with code of conduct
105. All candidates in every election shall comply with the code of conduct prescribed by the Independent Electoral and Boundaries Commission.
Compliance with code of conduct
106. In every election, all candidates and all political parties shall comply with the code of conduct prescribed by the Independent Electoral and Boundaries Commission.
Good
Article 105 and 106 assure that if my wife wants to stand as a Member of Parliament from my home constituency – her Husband, children and other loved ones do not have to worry of unfair political moves by my brothers vying for the same seat
Recommendation: Good stuff keep as it is
Independent candidates
107.
Good
Article 107 allows for political ‘minorities’ e.g. the young and women to contents for seats as independent candidates without subscribing to bullyish male and ‘fossil’ dominated political parties
Recommendation: Good stuff keep as it is
Basic requirements for political parties
114. (h) respect and promote human rights and fundamental freedoms, and gender equality and equity;
Political Parties Fund
118.
Application of the Fund
119. (3) A party shall not be eligible for financial support from the Fund if more than two thirds of
its registered national office holders are of the same gender.
(4) Parliament shall enact legislation to provide for the equitable allocation of funds to registered political parties taking into account –
(b) the number of women and members of marginalized groups elected through each party in that election.
Good
Article 114 Section (h), 118 and 119 ensure that political parties have the interests of women and the marginalized in their core structure and further tie them up to the Political Parties Fund
Recommendation: Its about time - keep as it is
CHAPTER ELEVEN
THE LEGISLATURE
Part 2—Composition and membership of Parliament
Membership of the Senate
125. (1) The Senate shall consist of—
(b) women elected two each by the regions, the elected members of the county assemblies in each region acting as the electoral college;
(c) persons with disabilities or falling within the category of youth, elected one each by the regions;
Membership of the National Assembly
126. (1) The National Assembly shall consist of—
(b) women elected one each by the counties, each county comprising a single member constituency;
(c) seven members who shall be persons with disabilities, no more than four of whom shall be of the same gender;
(d) seven members elected by marginalized communities, marginalized groups and
workers; and
Good
Article 125 1 (b & c) and 126 1 (b, c &d) further entrench the affirmative action onto our constitution on elective leadership positions
Recommendation: Good stuff keep as it is
Right of recall
131. (1) The electorate under Articles 125 and 126 have the right to recall their member of Parliament elected before the expiry of the term of the relevant House of Parliament.
Good
1. This is just the icing of this document…what Article 131 Section 1 does is unprecedented in Kenya – it gives the Power to the People – finally, if it comes through, the days of taking to the streets to will be forgotten as the tables will turn and the MPs will be servants to us and most importantly, my grand mother in a Village in Gesusu will not have to leave tending to her shamba just because her MP is in town and wants her to go and dance for him/her and her ‘friends’ while her children are sleeping hungry.
2. This further puts our MPs on check and those funny alliances e.g. KKK are not made to gain selfish interests against National interests – simply put, Kenyans are greater than Tribes and MP’s.
Recommendation: Excellent stuff keep as it is
Leader of the Official Opposition
135.
Good
This removes the grey area that exits in Kenya currently, whereby I can be a PM and a leader of official Opposition at the same time
Recommendation: Good stuff keep as it is
CHAPTER TWELVE
THE EXECUTIVE
Good
1. Now, this is not about Raila Odinga or Mwai Kibaki and their cronies or those clamoring for these positions.
2. I think this is for us Kenyans…an opportunity to have National leadership that has checks and balances…a popular elected President (Chairman of a Board of Governors with MP’s being the members of the board – note that the president in this draft is not an MP, so no bias) then the Board appoints a PM (CEO) who will then run the government (Ministers) – note also the difference between the State and Government.
3. There will no longer be one centre of power nor two as ‘they’ are lying to us…there shall be…wait for it…wait for it…many centers of power created from devolution of power…and the pecking order is clear
Recommendation
1. PM needs security of tenure – to prevent the parliament from running rogue and holding the CEO under ransom e.g. what is happening now in Kenya with the Mau
2. Need a clause to bar one from moving from one position (PM) to another (President) and back again e.g. what happened in Russia with Putin
CHAPTER FOURTEEN
DEVOLVED GOVERNMENT
Declaration of the Republic
4. (2) The Republic is founded on principles of good governance through multiparty democracy,
participatory governance, transparency and accountability, separation and devolution of powers,
respect for human rights and fundamental freedoms and the rule of law.
Devolution
6. (1) The sovereign power of the people is exercised at—
(a) the national level;
(b) the regional level; and
(c) the county level.
(2) The governments at the various levels are distinct and inter-dependent and conduct their
mutual relations on the basis of consultation and co-operation.
Objects of devolution
213. The objects of the devolution of government are to—
(e) protect and promote the interests and rights of minorities and marginalized groups at all levels;
Principles of devolved government
214. Devolved governments established by this Constitution refl ect the following principles—
(a) devolved governments shall be based on democratic principles and the separation of powers;
(b) devolved government shall have reliable sources of revenue and autonomy to govern and
deliver services effectively; and
(c) no more than two thirds of the members of representative bodies in each devolved government
shall be of the same gender.
Regional assemblies
216. (3) In electing delegates, a county assembly shall take into consideration ethnic and other
diversities, including gender, represented in the county.
Gender balance and diversity
240. (1) Not more than two-thirds of the members of any assembly constituted under this Chapter are to be of the same gender.
Good
1. A devolved govt ensures that the mother in Rural Samburu can put heat on her local representative through the barrazzas (local meetings), the local leadership can then take it up with the higher authorities up to the National level and have it bring the roads to the ground.
2. Equitable representation also comes out
Recommendation: Keep it
CHAPTER EIGHTEEN
COMMISSIONS AND INDEPENDENT OFFICES
Composition, appointment and terms of offi ce
297. (4) Appointments to Commissions and independent offi ces shall take into account the principles in Article 13(2)(i)-(k).
National values, principles and goals
13. (2) The national values, principles and goals include—
(i) ensuring full participation of women, persons with disabilities, marginalized communities
and all other citizens in the political, social and economic life of the nation;
(j) implementing of the principle that not more than two-thirds of the members of elective or
appointive bodies shall be of the same gender;
(k) ensuring progressive implementation of the principle that at least fi ve per cent of the
members of public elective or appointive bodies shall be persons with disabilities;
Good
Equitable representation well taken care of.
Recommendation: Keep it
Finally but not least:
Kadhis’ Courts
209. (6) The jurisdiction of a Kadhi’s court shall extend to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion.
Good
This only applies to Muslim people…the Muslim women love it…
Recommendation: Keep it
Lets us move away from the unending Petty Political Bickering and Combative Religious Stands and make love not war.
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