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72 Mr. Mwangi: That the independence treaties that they are to make people. Com. Ibrahim Lethome The treaties. Mr. Mwangi: That they should be from the grass roots be maintained. Com. Ibrahim Lethome You are starting the issues again. You are behaving like a lawyer. The question is you said that the independence agreements should be abolished because they would encourage ethnic boundaries to be treated. And we asked you very simply. Which are these independent agreements Tell us which ones One very specific ones. The Maasai agreement Mr. Mwangi: No I am talking about the ethnic treaties that were there intial in the (inaudible) the Kikuyu heads, the kalenjins head, the Maasais head, the Samburus head, this are the basic independence treaties that I am referring to. Com. Ibrahim Lethome Okay Mr. mwangi. Thank you very much. Please register your memorandum. We have. Is Ongarua now here. Ongarua Catholic Church. If they are not there, can I have Daniel Thumbi. Speaker: He is there. He is coming. Com. Ibrahim Lethome Ongarua are you coming Please give us your name. Joseph Samuel Waiganjo: Joseph Samuel Waiganjo. Com. Ibrahim Lethome And summarize your points. Joseph Samuel Waiganjo: Yah. Your honorable Commissioners. Our memorandums contain 18 points which are self explanatory but I would like to point out a few of them. First Kenyans are commited to the democratic values of constitutionalism, equality and the rule of law. On national philosophy and guiding principals we recommend that children, young people, the elderly, and other vulnerable groups should be protected. Also on the same point, we recommend that all power and authorities derived from the people have to be governed through their will and concern not otherwise. On democratic principles we recommend that all power and authorities derived from the people of kenya. And the people have to be governed through their will and the social cultural and development rights. On Constitutional supremacy. we recommend that in the event of amendment this shall be subjected to a referendum, before
73 they are enacted by the parliament. Bythese we mean they should be provided a forum like this one. Or a public convention for people to give their own views and it does not happen only by a group of people sited somewhere. Because this would keep Kenyans abreast in any new development in their constitution. On structures and system of government we recommend that kenya should have a ceremonial president who should be above party politics. He should be elected by all Kenyans with a majority vote not by appointment or a group of people (inaudible) the legislature we recommend that constituents. (inaudible) by that I mean voters, must be empowered by the constitutions to recall their MPs in the effect that they are not satisfied with their performance. On the same we recommend that. our constitution should be (inaudible) with of maintaining National anthem and flag. On the executive we recommend that the president should not be above party politics. And as I have said there before. We 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 president represents the interests of Kenyans we people in the government included, or when he represents the interest of his public or his constituency. On the judiciary we recommend that there should be a special means of prosecuting policemen. Who breaks the laws of the country. other than policemen, taking states and accusing their fellow policemen. On local government. we recommend that the constitution should empower the electorate, the voters, to recall their councillors like MPs as I said there before. On the electoral system and process: we also recommended that every polling station becomes a counting station. And announcement of thek out come is done there and then. This would minimize stories we have heard of balloting papers or boxes scattered left on the sides of roads, some dumped in dustibins. On the basic rights of honorable groups we recommend that those people who have acquired a lot of wealthy should pay a special tax that enable the most unfortunate. People like unemployed youth and the disabled people. get allowances from the government to meet their most basic needs. On land and property rights we recommend that the state government of Local Authority to control the use of land by the owners or occupiers so that we have farms which are productive. Or we have a government which gets good revenue from those big lands. On cultural, ethnic and regional diversity and communal rights we came up with a recommendation on ethnic issues. Our new constitution must emphasise prompt unity and diversity, so that any public officer accused of corruption should be (inaudible) immediately. If possible next minute.
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CONSTITUTION OF KENYA REVIEW COMMIS
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3 Francis Machira: Commissioners, w
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5 state machinery to be tribalized
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7 Every individual to have equa; li
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9 Com. Ibrahim Lethome (inaudible)
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11 V Number four students should be
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13 restricted to participate irresp
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15 Com. Ibrahim Lethome Thank you y
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17 Com. Ibrahim Lethome Please summ
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19 number of years now leave under
Page 21 and 22: 21 penalty do you recommend Especia
Page 23 and 24: 23 Com. Ibrahim Lethome Please summ
Page 25 and 26: 25 Mr. Njuki: Bwana Commissioner na
Page 27 and 28: 27 Mr. Mwangi: For example the Maas
Page 29 and 30: 29 bursary funds must be given to t
Page 31 and 32: 31 Mr. Ndung’u: I recommend or ra
Page 33 and 34: 33 Mr. Njuki: Pendekezo langu naona
Page 35 and 36: 35 Com. Ibrahim Lethome What should
Page 37 and 38: 37 Institutions of higher learning
Page 39 and 40: 39 Speaker: Imepeanwa pale. Com. Ib
Page 41 and 42: 41 Donors funds: Mr. Commissioner s
Page 43 and 44: 43 We also feel that no care for ed
Page 45 and 46: 45 Mr. Makimei: Uguo na mbere ningi
Page 47 and 48: 47 Mr. Makimei: Uguo na mbere ningi
Page 49 and 50: 49 bei nafuu na Serikali iangalie m
Page 51 and 52: 51 the shop for guns because we are
Page 53 and 54: 53 Mr. Muriithi: What I was talking
Page 55 and 56: 55 Com. Ibrahim Lethome Please summ
Page 57 and 58: 57 Mr Mwangi: Simion Mwangi as it h
Page 59 and 60: 59 Mr. Mwangi: Thank you I don’t
Page 61 and 62: 61 country. other than policemen, t
Page 63 and 64: 63 Mr. Thumbi: Thast was my last po
Page 65 and 66: 65 Com. Ibrahim Lethome Two years a
Page 67 and 68: 67 see what we are talking about. S
Page 69 and 70: 69 Council they can give licenses f
Page 71: 71 Com. Ibrahim Lethome Be specific
Page 75 and 76: 75 Mr. Thumbi: I would like the gov
Page 77 and 78: 77 Then I read on agriculture: The
Page 79 and 80: 79 Our next point is social ameniti
Page 81 and 82: 81 Parliament. And we should have a
Page 83 and 84: 83 education …………….(inaud
Page 85 and 86: 85 pombe inaitwa changaa kuna inait
Page 87 and 88: 87 mature they took part of the for
Page 89 and 90: 89 na hiyo itegemee mapenzi yawanan
Page 91 and 92: 91 Mr. Makimei: Gwikwo atiriri tond
Page 93 and 94: 93 Mr. Mayaka: Ningependekekza hii
Page 95 and 96: 95 On healthcare ningependelea saba
Page 97 and 98: 97 ningependekeza kwamba, zamami ka
Page 99 and 100: 99 be provided to the security mach
Page 101 and 102: 101 uchaguzi irudiwe. Education iwe
Page 103 and 104: 103 go on. It should cease and in i
Page 105: 105 wakati huu, tafadhali warudishi
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