18to land, like here in Western Province, most <strong>of</strong> us who are men you find that at least if you have two acres <strong>of</strong> land andjust 8 girls, we can continue marrying several wives and keep trying to have a son who will inherit that piece <strong>of</strong> land. Allthe children should have a right to inherit the land boys and girls.9. On other Commissions, Constitutional Commissions, I want to say that the <strong>of</strong>fice <strong>of</strong> the ombudsman is long overdue inthis country, we should have a system where complaints even against the government are properly channeled so thatthey are addressed on behalf <strong>of</strong> the wananchi. I am for other Commission like anti-corruption which should beautonomous, <strong>of</strong> course the Electoral Commission which should be impartial, and supervise all the elections. We wantthe human rights <strong>commission</strong> to work as a watchdog to ensure that not even the government is violating the rights, thehuman rights <strong>of</strong> our citizens.10. Very few <strong>of</strong> us are talking about succession, I mean trust <strong>of</strong> powers because from Independence we have been used toan immortal head <strong>of</strong> state but I want to say our Constitution should impress these, that immediately Parliament isdissolved, the speaker <strong>of</strong> the National Assembly together with the <strong>of</strong>fice <strong>of</strong> the Attorney General should be incharge <strong>of</strong>the government, so that we have a level playing field for all the people. What we see today is that somebody theydissolve Parliament, others have gone and somebody remains impossession <strong>of</strong> the same powers and using thosepowers to manipulate his way and those his is cronies is back to power. The same Constitution should also provide forthe security <strong>of</strong> the social welfare <strong>of</strong> a head <strong>of</strong> state or a Prime Minister who has served this country, but it should bewithin the limits or the ability <strong>of</strong> the economy <strong>of</strong> this country, what we are reading in papers the (inaudible) but I think itis very disheartening. I think that a retired <strong>of</strong>ficer given 80% like the head <strong>of</strong> state and a bit <strong>of</strong> security should beadequate for him to stay until he dies and we bury him. The last one I wanted this Controller and Auditor General,these <strong>of</strong>ficers should be maintained in the Constitution and be given the powers to prosecute, they come with very goodrecommendations and they just die, and very finally I want to pray that the recommendations <strong>of</strong> this Commission, will beaddressed and they should not die somewhere on the way, like many others in this country. Thank you.Com.Kangu: Now you talked about proportional representation so that population is looked into about how many peoplewould you want to have per Constituency?Godfrey: I will personally propose that, a Constituency <strong>of</strong> about 50,000 people is adequate enough for one MP.Com.Kangu: I do not know whether you have also considered the circumstances in which people live you know the firstperson telling us about the population being the only factor but we have been in other places where people are telling us no youshould look at the vastness <strong>of</strong> the place, the terraine in the place, indeed we have seen it in some places if you said 50,000people you might be talking <strong>of</strong> a Constituency that is bigger than Western Kenya if you go say to Turkana District is the largestDistrict in the country with 77,000 square kilometers, I do not know miles but with only three Constituencies. I do not knowwhether you have thought about it.
19Godfrey: My understanding is that a Member <strong>of</strong> Parliament goes to Parliament to represent the views and interest <strong>of</strong> thepeople and we are saying that the representation should be proportional, if we say for example lets take a District likeWajir,most <strong>of</strong> the people am told are nomadic by nature, are we just going to demarcate according to the area, to thegeographical area <strong>of</strong> the District, or we are going to get somebody who is going represent the interest <strong>of</strong> people staying in aparticular place. If Turkana has 70,000 then there is no harm in Turkana being represented by one MP who can speak onbehalf <strong>of</strong> the 70,000 people after all today, in this republic, we have Districts with just one MP, Mt.Elgon is one <strong>of</strong> them andthe other.Com.Nunow: Thank you bwana GodfreyCom.Ayonga: You spoke about the speaker and the <strong>of</strong>fice <strong>of</strong> the Attorney General to take over so that we can have levelplaying grounds when we go to elections, now how would the two <strong>of</strong>fices work together, to take care <strong>of</strong> the country working insuch a way that they can agree not to disagree because they are taking a position <strong>of</strong> one person, couldn’t it be a speaker or anAG, taking care <strong>of</strong> the country rather two <strong>of</strong>fices, which are different?Godfrey: Thank you I think in my proposal on the structure <strong>of</strong> government I talked about the President and the Prime eachwith executive powers, and that is why I proposed that we should have the speaker and the Attorney General, the speaker canfor example assume the powers, the executive powers <strong>of</strong> the head <strong>of</strong> State <strong>of</strong> the head or the President and the AttorneyGeneral assumes the powers <strong>of</strong> the Prime Minister, so that because we want the coalition to clearly define the power <strong>of</strong> each <strong>of</strong>these <strong>of</strong>fices.Com. Nunow: Thank you very much bwana Godfrey please let us have your memorandum. Morris Masibai, I think I will bemore strict with time if we have to have people speak and everybody gets opportunity, if you exceed the five minutes I will stopyou if you do not stop I will force you to stop. So please lets not reach that level, if I tell you the time is up, summarise, mentionyour point and then give others opportunity. Morrsi Masibai.Morris Masibai: My names is Morris Masibai, and I am representing, Busia sugarcane outgrowers. I have got amemorandum which represents the views <strong>of</strong> the sugarcane farmers in the sugar Industry.These views are based on the truth <strong>of</strong> the matter that a President <strong>of</strong> the country currently has got excessive powers. Thesugarcane farmers believe that when these powers are trimmed, when these powers are shared, then everything else will followand will work correctly. Currently we are having a sitution where the Executive has got excessive powers when they aresupposed to be working horizontally with the Legislative and the Judiciary, and for that matter nothing goes before theExecutive and fail so, that is on salary and all we have the farmers have got something to say about almost each and every topicin the booklet, but some how I am going to present a paper and therefore I am not going to read everything. The paper in sucha manner that the topics that have been selected are typed down on how the loopholes in the current Constitution are affecting
- Page 1 and 2: CONSTITUTION OF KENYA REVIEW COMMIS
- Page 3 and 4: 3Mungu wetu umetuongoza na wakati h
- Page 5 and 6: 5wanakaribisha wageni vizuri sana,
- Page 7 and 8: 7wanataka kuzungumzia hayo maandish
- Page 9 and 10: 9Legislature. A patient should have
- Page 11 and 12: 11the death sentence should be outl
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- Page 15 and 16: 15Christine Omondi: My names are Ch
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- Page 23 and 24: 23Josiah: Nataka watu maskini wapew
- Page 25 and 26: 25The Attorney General, the speaker
- Page 27 and 28: 27wananchi, kwa hivyo mwenyekiti mi
- Page 29 and 30: 29road blocks sasa hawa watu wa mat
- Page 31 and 32: 31nilijifunza agriculture British R
- Page 33 and 34: 33Primary schools, na saa hii hulip
- Page 35 and 36: 35Com.Nunow: Asante sana bwana Makh
- Page 37 and 38: 37Andrew: Efe badidi ba inyuma enoT
- Page 39 and 40: 39Andrew: mbara nibiakhuba mbu omun
- Page 41 and 42: 41kurudi kwa kazi. Mtu anayetaka ka
- Page 43 and 44: 43Secondly is the early marriages t
- Page 45 and 46: 45secretary akikufa au Minister ame
- Page 47 and 48: 47kwa korti. Watu wanasukuma na mpa
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- Page 57 and 58: 574. Too many road blocks which do
- Page 59 and 60: 59zikichukua miaka mingi, watu weng
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- Page 63 and 64: 63Cornelia: Hilo linakuwa na mimi n
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692 Electoral Commissioners, those
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71one has failed us terribly.The Ex
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73President being above the law. He
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75Jonathan: Eliakhubiri omundu akho
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77huko nyuma mimi ndie nina-deal na
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79official one Identity card that c
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81Jambo lingine la kumalizia nasema
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83serikali vile unafanya hivi, mtot
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85tafadhali wanasiasa, au viongozi
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87nitasema tu neno moja ya assistan