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

may be, very senior business men who have money, or it is the cocoon of those people with power that is taken care of. I am
proposing that the Office of the President should not take care of the security of the country. The security of the country should
have autonomy, whereby the head, or the Commissioner of the Police would have all the powers to safeguard the rights, and to
safe guard the security of the local Mwananchi. In the Constitution, people are allowed to own firearms under some
circumstances. However, you realize that those who own firearms own them illegally. If the Constitution can clear away the
bottlenecks, and ensure that for those who can afford the firearms, there is clear licencing and clear scrutiny, whereby people
with good integrity can have one or two firearms when they are walking, so that they are not scared by the chokoras and thugs
around, and they can feel abit safe, or may be if they can afford, then the Government can give them maximum security.
Another point that I would like to look at is on the Electoral Commission. You realize that in this case, some of our legislators
who are MPs, whom we have given all the powers to make laws for this society, some of them just joke around with the
electorate. The reason is that, that the Constitution does not clearly state where somebody should go, when he has defected. It
does not clearly state, where somebody should be when he has given an opinion that he has neglected his Party, and he has
some interest in another Party. I am saying that the current Constitution should stipulate clearly and categorically what should
happen to you if you neglect your own Party that took you to Parliament and you have some interest in another Party. I suppose
for example, that for some of our MPs who are just there, we don’t know where they are then, the Constitution should clearly
tell us where they should go, and I am supposing that those ones should be recalled.
Another point that I would like us to look at is on the tenure system. In the land tenure system that we have in Kenya, it is clear
that we can inherit our pieces of land i.e. we can inherit the ancestral land, we can hire or lease land, and at the same time, there
is provision that we can buy pieces of land. I don’t know what is wrong with the Constitution, because you realize that it is
letting land grabbers go scot free. I am proposing that the current Constitution, should categorically state how land should be
inherited, and who clearly should inherit, if it is to be inherited. It should also categorically state who should be the custodian of
public land, because you realize that somebody comes, and because he has money or he is somebody that has power, or he is
the son of a god father somewhere, then he can buy a piece of land that belongs to the public, maybe for the construction of a
dispensary or an institution. The law should categorically state who should be the custodian of those pieces of land, and who
should authorize development, and how it can be repossessed by the Government, because the current Constitution states that
may be you have a lease of about 33 years or 99 years (I am not very sure). How should it be repossessed, in case there is
gold below your piece of land, and how should you be compensated without wasting a lot of time, because this is creating a lot
of peoples’------- (interruption)
Let me finish.
I want to talk about the preamble of this country. In fact unlike other preambles, you realize that the preamble of our country
does not speak about the people of Kenya. It is from the preamble that we build patriotism. Our preamble talks of
sovereignity, and I don’t believe that it is the sovereignty of the local mwananchi, because we should be patriotic to our country.
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