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

122. No man should be above the law but every man whatever his rank, or position is subjected to the ordinary law of theland and amenable to the jurisdiction of the ordinary tribunal.3. The other point is on political liberty. The freedom of the individual must be restrained only under the authority of thelaw. Justice must be regarded as a net in itself. The other one is on basic rights. There shall be a Bill of Rights andstrength in our Constitution. There are some other points. Those ones I will read later on.Constitutional Supremacy. On Constitutional change, the Constitution must indicate that in the event of overhaul in theConstitution. All Kenyans shall be involved. In the event of an amendment, this shall be subjected to a referendum beforethey are enacted by Parliament. This will keep Kenyans abreast with any new developments in their Constitution. TheLegislature. There shall be two chambers of Parliament. The Congress and the ordinary Parliament. The Congress shallbe made by five people from each province. The Congress shall be the advisory house to the President and shall becharged with the duties of impeaching the President.The other topic is Citizenship. Those who should be regarded as automatic Citizens of Kenya are: People who are born inKenya of parents who are both Kenyan citizens, spouses of Kenyan citizen, regardless of gender must be entitled toautomatic citizenship even when they are citizens of their own country.The Constitution should open room for dual citizenship. The other point is on structure and systems of government. Kenyashould adopt a Parliamentary system of government in which a Prime Minister is appointed from the majority party inParliament. The Prime Minister should be in charge of the daily running of government affairs and should be accountable toParliament. Kenya should have a ceremonial President who should be above party politics, should be elected by allKenyans with a majority vote. The electoral system and process. There shall be a redistribution Act to facilitate therearrangement of the constituencies as to establish the principle that each voter shall have an equal voice in sending arepresentative of Parliament, and to ensure that the constituencies are established as per equal numbers in the votersregister. i.e. There shall be equal representation per constituency. Members should represent 20,000 voters.Electoral Commission shall be set up after every five years to reshape the electoral area so as to ensure equal distribution ofoperations as per constituencies. There shall be a period in law fixed during which scrutiny and petition can be madeagainst an elected Member of Parliament or President before he or she is sworn in. The period should be 30 days afterannouncement of election. There shall be an election petition court to examine charges of corruption. It shall be composedof judges of the High court, who will hear and determine the cases within a period of thirty days. All candidates for electionshall be party nominees of well-organized parties. The other one is on the amendment. I will jump up to the amendment ofby-laws because it is a sensitive area. Amendment of by-laws. The Constitution shall be amended when need arisesthrough the Constitution of Kenya Review Commission. The Parliament will notify the Constitution of Kenya ReviewCommission using a Gazette about the area, which requires the amendment.