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

4kuwaeleza wananchi ni kwamba hiki kikao hata mkiniona mimi peke yangu, wenzangu wako njiani wanakuja lakini sheria yetu ‘The Constitution Review Act’ na regulations ambazo tulitengeneza kutusaidia kufanya hii kazi inaruhusu hata Commissionermmoja awe na kikao ambacho sheria itasema ni sawa. Sasa hatutawangoja, wakija tutaendelea na kazi. Na vile tutaendesha hiikazi ni hivi. Tutakuwa na list. Tutafuata majina vile watu wanaingia.First come first served. Na kila mtu atapewa ten minutes, dakika kumi. Lakini kama uko na kikaratasi ambacho umeandikamaoni yako. Basi tutakuruhusu utupatie pointi muhimu kwa hiyo memorandum na utapewa dakika tano. Na kama utasimamatu na kutuambia maoni yako bila memorandum, basi utapewa dakika kumi. Na ukimaliza, Ma-Commissioners wanawezakukuuliza swali ya ku-clear kusikizana kwa jambo lolote ambalo labda halijakuwa clear kwa hiyo maoni yako. Sasa, kwa hayomachache, nataka kuita Kianyaga Catholic Church. Ndiyo ya kuanza kukuja kutupatia maoni yao. State your name because wewant to record clearly and state whether you are presenting on behalf of an organization or as an individual.Henry Mbugua Njuguna: I am Henry Mbugua Njuguna and I am presenting on behalf of Kianyaga Catholic Parish. This isthe memorandum which we have. It is quite long but I will just highlight. Our new Constitution must have a preamble. Thepreamble should state that the Constitution is made by the people of Kenya. The people of Kenya are sovereign. No law orauthority including even the Constitution should be above the people. Kenyans are committed to democratic values andConstitutionalization, equality and rule of law. Kenyans are committed to the future of Kenyans as a united and indivisiblecountry and composed of people of diverse culture and gender whose rights are infallible. There are principles and I wouldstart on policy. We recommend that the following principles should be included in our Constitution. One, on nationalphilosophy and guiding principle. Second, we have the democratic principles. Third, we have the Constitutional Supremacy.We have talked about citizenship and the structure and the system of the government. Then we have got the three arms: theLegislature whereby we say that Parliament should make the appointments of the Ministers and Assistant Ministers to make theMinistry and professionals accountable. The court judges must be appointed through the Parliamentary Judicial Committee.Public Service Commission officers should be appointed through the Parliament. The powers of the Parliament should beextended in order to impeach the President in the event of grave misconduct, to debate and approve government and so manythings which are contained in this memorandum.We have the other arm of the government, the Executive. The Constitution should specify qualifications that the Presidentialcandidate such as: Man or a person who is an automatic Kenyan citizen, aged between 45-55 years. One who is able todeclare his wealth at the time of elections and from time to time while in office. A person who is of good moral conduct. Onewho has not been convicted for a criminal offence. Must be at least a graduate. The Presidential tenure should be two terms offive years. Our Constitution should empower the citizens to elect the Provincial Administration and local government.Judiciary: We say that the new Constitution should establish a Constitutional Court. The Judicial offices should be appointedthrough the established Judicial Service Commission. On the tenure of the Judicial officers, these should be employees of the