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constitution of kenya review commission (ckrc ... - ConstitutionNet

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to, according to the section, to terminate any case at any time before it is determined. This I believe, was enacted or inserted<br />

by the colonial masters with a sinister motive. I propose that this section, the power <strong>of</strong> the AG be reduced and this section<br />

which provides that he can terminate any case before it is determined, be reduced.<br />

Interjection: Inaudible<br />

Daniel Chege: There is a sub-section, it should remain but reduced. He should not have the power to terminate any case.<br />

Interjection: Inaudible<br />

Daniel Chege: But you see the section has three sub-sections. Sixth, Public Accountability. It is to our proposal that the<br />

<strong>constitution</strong> should have a chapter dealing with public accountability <strong>of</strong> the government <strong>of</strong> the day and to achieve this, I propose<br />

that the creation <strong>of</strong> a legal system be defined by the <strong>constitution</strong>. Where the voters may challenge the Member <strong>of</strong> Parliament<br />

him <strong>of</strong> staying elected to parliament.<br />

Speaker: The proposals.<br />

Chege: I proposed that there be a creation <strong>of</strong> a record system where the voters may challenge for MPs and government<br />

<strong>of</strong>ficials.<br />

Interjection: Inaudible<br />

Chege: For MPs and government <strong>of</strong>ficials. The civil servants, maybe the PS <strong>of</strong> the ministries because we are the citizens, we<br />

pay tax, so we should have a right to question them as to what they are doing, the activities.<br />

Seven. I will talk about land. But I believe that the government is the representative <strong>of</strong> the people and we have given them the<br />

mandate to appoint the civil servants. So the right that we have given them, should be extended to us, calling them through a<br />

conference like this and the government should arrange that we will call these civil servants.<br />

Pr<strong>of</strong>. Idha Salim: By what percentage <strong>of</strong> this group <strong>of</strong> people or what percentage <strong>of</strong> Kenyans should say why this PS should<br />

be removed. In other words you said the PS can also be removed by the people, he should be recalled, as you put it, how<br />

should that be done by the people, through a referendum, a meeting and even if we meet or hold the referendum what<br />

percentage should decide whether that PS should be named or go.<br />

Chege: A quorum will make, maybe fifty percentage <strong>of</strong> persons in the meeting should decide.<br />

26

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