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

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60<br />

Speaker: He is there. He is coming.<br />

Com. Ibrahim Lethome Ongarua are you coming Please give us your name.<br />

Joseph Samuel Waiganjo: Joseph Samuel Waiganjo.<br />

Com. Ibrahim Lethome And summarize your points.<br />

Joseph Samuel Waiganjo: Yah. Your honorable Commissioners. Our memorandums contain 18 points which are self<br />

explanatory but I would like to point out a few <strong>of</strong> them. First Kenyans are commited to the democratic values <strong>of</strong><br />

<strong>constitution</strong>alism, equality and the rule <strong>of</strong> law. On national philosophy and guiding principals we recommend that children, young<br />

people, the elderly, and other vulnerable groups should be protected. Also on the same point, we recommend that all power<br />

and authorities derived from the people have to be governed through their will and concern not otherwise. On democratic<br />

principles we recommend that all power and authorities derived from the people <strong>of</strong> <strong>kenya</strong>. And the people have to be governed<br />

through their will and the social cultural and development rights.<br />

On Constitutional supremacy. we recommend that in the event <strong>of</strong> amendment this shall be subjected to a referendum, before<br />

they are enacted by the parliament. Bythese we mean they should be provided a forum like this one. Or a public convention for<br />

people to give their own views and it does not happen only by a group <strong>of</strong> people sited somewhere. Because this would keep<br />

Kenyans abreast in any new development in their <strong>constitution</strong>.<br />

On structures and system <strong>of</strong> government we recommend that <strong>kenya</strong> should have a ceremonial president who should be above<br />

party politics. He should be elected by all Kenyans with a majority vote not by appointment or a group <strong>of</strong> people (inaudible)<br />

the legislature we recommend that constituents. (inaudible) by that I mean voters, must be empowered by the <strong>constitution</strong>s to<br />

recall their MPs in the effect that they are not satisfied with their performance. On the same we recommend that. our<br />

<strong>constitution</strong> should be (inaudible) with <strong>of</strong> maintaining National anthem and flag.<br />

On the executive we recommend that the president should not be above party politics. And as I have said there before. We<br />

shall be able to have a president who plays a duo role. That is to say, today or currently, it is difficult to distinguish when the<br />

president represents the interests <strong>of</strong> Kenyans we people in the government included, or when he represents the interest <strong>of</strong> his<br />

public or his constituency.<br />

On the judiciary we recommend that there should be a special means <strong>of</strong> prosecuting policemen. Who breaks the laws <strong>of</strong> the

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