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

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8On Political parties: only one emphasis, there are others that we should have a limit <strong>of</strong> only three political parties in Kenyainstead <strong>of</strong> so many. There are other roles that they have, as may be providing <strong>of</strong> civic education, giving <strong>of</strong> HIV (AIDS)education and participate in activities <strong>of</strong> poverty alleviation. On structure system <strong>of</strong> government, we should have the <strong>of</strong>fice <strong>of</strong>the Prime Minister who will come from the ruling party and <strong>of</strong> course not a retiring President. Ministers ought to bepr<strong>of</strong>essionals appointed by the Prime Minister and vetted by the Parliament.On Legislature, all the Constitutional <strong>of</strong>fices should be vetted by the Parliament. Mp’s should be morally upright. An Mp mustbe single or married but with a stable family. Now, there is an emphasis that the people can recall their Mp if he or she is notdelivering his duties by collecting a 2/3 signatures from the voters and forwarding them to the Constitutional Court. On Presidentand the Prime Minister, they should have a stable family and <strong>of</strong> course be married. The Parliament can be dissolved by theParliament but as advised by the speaker <strong>of</strong> the National Assembly.The Executive: Presidential powers should be reduced. He should not have the powers to detain without trial, power above thelaw, the prerogative <strong>of</strong> mercy, also should not appoint Permanent Secretaries e.t.c. The President can be impeached frompower by Parliament in case <strong>of</strong> immorality, misuse <strong>of</strong> national funds or drunkenness. The procedure to impeach him would bethrough the Parliament, then a Supreme Court and may be a referendum. Judiciary; The Constitution should establish aSupreme court. We also need an <strong>of</strong>fice <strong>of</strong> an ombudsman. Local government. Mayors should be elected by the people not bythe fellow councillors. Also we had a bit <strong>of</strong> affirmative action here, where we said that nominated councillors should be sortedfrom the qualified honourable group.Com. Nancy Baraza: Are you about to finish?Reverend Alexander: I am about to finish. The electoral system. We said that we should increase the participation <strong>of</strong>women by making the electoral system free and fair from corruption and intimidation. There should be reserved seats forinterest groups. e.g. Churches, disabled, or the Civil Society. Of course there is the current debate on the extension <strong>of</strong> theConstitutional Review Commission. We said that it should not go beyond the election time.On the bit <strong>of</strong> vulnerable groups: We said that women should receive equal rights <strong>of</strong> opportunity. e.g. Access to owningproperty, land, employment and education. On property rights, title deed should bear the names <strong>of</strong> both spouses. i.e. Propertyownership should be joint. If the government is in need <strong>of</strong> an individual land, it should compensate immediately and adequately.Kenyans should have a right to own land anywhere in the country. Now on the bit <strong>of</strong> cultural, ethnic and regional diversity.The new Constitution should eradicate ethnic differences, such as tribalism, which is harmful. On management and use <strong>of</strong>national resources. As far as national resources, the <strong>of</strong>fice <strong>of</strong> the Auditor General should be established and empowered toprosecute anyone who misuses the public fund. The Parliament should retain the power to authorize the raising and

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