constitution of kenya review commission ckrc ... - ConstitutionNet

James Njogu: Thank you, I am James Ngugi Njogu, and the following are some of the recommendations, that I would like
to suggest to this commission.
No. one concerns the fundamental rights and freedom of an individual. The new Constitution should provide a visible and a
system of govenment that will have all the mandate to protect the citizens from any form of oppression or harassment, by any
person or any group of persons. It should also enhance the faith of the citizens, through well protracted government systems
that will make it clear for every citizen, to enjoy a harmonious stay in this country.
The Constitution should enhance tight security, both internally and externally. Also the new constituion should allow for a clearly
seen system of government that equalizes all persons, and/ or individuals, without recourse to any form of background that they
carry along side themselves.
Point No. 2. The law making system, the new Constitution as per my suggestions, should provide for a law making system in
which:
A bill should pass the ordinary five stages. Discussions to be held by the whole house, ie the Parliament. This is the discussion
pertaining to the Bill. The President’s assent should not be the dertermining factor, as pertains to whether or not the Bill will
become a law. In this my suggestion is in a two way category.
1. The bill should be made into a law through a majority Parliament representation. That is through voting. As per my
suggestion, 2/3 of the Parliament’s population representation would do best. In this case, the rights of the President would
be seen as been equal to those of other members of Parliament. That is, the President will also be required to vote just like
the other MPs.
2. In category two, the Constitution should provide for the President assent to be just an affirmation of what has been
discussed and passed in the house; and not to be his very personal opinion. In other words, the President’s assent should
appear as a signature in a matter that has been discussed through the normal five stages, and have been passed from a bill to
a law.
3. The doctrine of separation of powers The Constitution should provide for a system of government that clearly adheres to
the doctrine of separation of powers. That is the three arms of the government Legislature, executive and Judiciary, should
be independent of each other. With the legislature, being the top in power, that is the legislature should ensure that the
Judiciary is free from duress less coersion or undue influence, and the executive is not in any way over exercising its rights
and prerogatives. Thank you.
Com. Wambua: Asante sansa Bwana Njogu. Tumuite Charles K. Kimani.
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