ON 17TH MAY, 2002 - ConstitutionNet

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82 vikuu, la banki, na patastatal bodies zote ziwe zitazimamiwa na wao wenyewe sio President. Tungetaka pia kamati ichaguliwe, katika wilaya zote 42 za Kenya, iwe ndio itakuwa ikichagua majudge, majudge wakuu na pia iwe ndio itakuwa ikichagua hata wakuu wa mabanki pia. Mtu yeyot akiimba mali ya uma, lazima asitakiwe na akishasitakiwa, akihukumiwa, tena arudi tuseme kama ni jera ameenda, na akirudi lazima arudishe mali yale yoote aliyechukua. Tena tungetaka tuseme kama maDC, wakiimba tuseme au wachukue pesa za serikali, wanapewa uhamishwa, kama sasa kwa katiba mpya tunataka wasipewe uhamisho, warudishe pesa zile zoote walichukua cha uma. Com. Ratanya: ebu jaribu sasa kumaliza Josphat Kiraithe: Pia tungetaka shule zote ziwe ni za free kutoka tuseme kama ni darasa la kwanza hadi university watu wapewe free. Kwa hayo machache sina mengine. Com. Ratanya: Asante sana Josphat, hata kwa kuweka saa yako sawasawa. Tuna Gatirau Munya. Gatirau Munya: Asante sana Bwana commissioner. Naitwa Gatirau Munya, mimi ni wakili, ninafunza university ya Moi University huko Eldoret. I will give my views in English, First of all I will try to correct one of the biggest issues, misunderstandings in the constitution review process that we have been facing. There have been a misunderstanding that Kenya the biggest problem in Kenya is the constitution. Constitutional crisis is what is placing this country back but that is really not the biggest problem in this country, the biggest problem in this country is leadership. We have a constitution that is which is not very good which has ploughs but a constitition that can run this country but because we have a leadership that surpresses this constitution and undermines it, because we have bad leadership that is why we are in this problem that we are in. So it is important for us to re-write the constitution and correct the mistakes that are in the constitution, but at the same time, Kenyans have to start searching for good leadership that will be able to remove them from the problems that they are facing right now. Of course I have said I admit that there are certain problems within the constitution that mean to be addressed and I will start by saying that I support a unitary system of government. Because fo then ethnic differences that we have in this country, It will be very difficult to have a constitution a majimbo constiution that can work because the states in Africa are fragile, there are very recent creations, they have not been able to develop to the level that they can be able to certain a federal system and if you look at other countries in African where federal system have been implemented they have not worked very well, so a unitary system that will be able to still keep Kenya as a strong nation, will be useful. A majimbo system is likely to dismember this country. At the same time we need a constitution that needs to addressing the news of various communities in the country, and therefore we need a strong local government. A local government that is not undermined by the central government. We need to strengthen the local government because eit is closer to the people. It is the one that provides basic services, it is the one that takes care of basic resources at the local level. Therefore we do not have viable and strong local government. In that regard therefore we need mayors and chairmen of local authorities to be
83 elected directly by the people so that they can be accountable to the people. We also need chief officers employees of the local government to be appointed by the local authorities themselves. Not the minister of local government sitting in Nairobi not knowing the problems there using corruption, then people who are corrupt there and people who come and take people’s money and take plots, we don’t want that, we want local officers to be elected by the councils themselves so that they can be accountable to the mayor. The other issue I wanted to talk about is that there has been a major debate on whether we need a Prime Ministrial system in the country. Again if you look at the constitution experience in this country, in the countries in Africa you will see that this system have not worked where the powers of the executive are divided between a President and a Prime Minister, there is always a trouble for power between the two arms and it becomes very difficult to run the government. It might not work if we have to split the powers of the executive, if we have to create different tempers of power, We will not have a stable government. We will still need a President who has powers who can be able to bring the country together in times of crisis, who can offer leadership. If we have to create Prime Ministrial position then we cannot be able to give that post a lot of powers that can rival the powers of the President. The other issue (interruption) Com. Ratanya: What do you recommend To have that post or not Gitirau Munya: Not to have it. Infact the proposals of a Prime Ministrial position is coming from political parties with motives that are not very good. The interest of political parties is to have ethnic coalitions spread powers and reward people. That’s not why we are reviewing the constitution, why we are reviewing this constitution, is to be able to write a lasting constitution. A constitution that can sustain this country for many many many years, its not to serve short term interest of political ballon at the top. We still remain with our Presidential system, it has worked, it has not worked very well, but it has sustained this country for more than 30 years. The other issue I wanted to address Mr. Chairman, is the issue of land, somebody has already addressed it but I would also want to add my voice to it. Land is a very important resource in this country, we are an agricultural society, it is what sustains us, we need institutions that can manage our natural resources including land very well and that is why we need a land commissioner, but not a land commissioner just appointed by the President because again it wont work. The President will put his own promine to the land commissioner who will continue to be distributing land to friends, who will continue aligning their pockets with kickbacks and whatever. We need a land commission which is appointed by parliament. (end of tape 3 part A) We have historical monuments that can bring money for today’s country but because the President have a lot of powers in allocation of land, he has been taking important natural resources taking them to individuals. We need an institution that can manage our national monument Com. Ratanya: Josephat you have one minute to sumerize please.
Page 37 and 38: 37 (CKRC) VERBATIM REPORT OF
Page 39 and 40: 39 ON 17 TH MAY, 2002 CONSTITUENCY
Page 41 and 42: 41 Com. Domiziano Ratanya: Okey, as
Page 43 and 44: 43 (crowd: Ni sawa) Akaja mtu mgojw
Page 45 and 46: 45 Peter Anampio: Thank you Commiss
Page 47 and 48: 47 Tarasira Chichiru: We omba kugwi
Page 49 and 50: 49 Comm: Amemaliza, endelea tu kama
Page 51 and 52: 51 wengine na kunyang’anya mali y
Page 53 and 54: 53 Com. Ratanya: Okey, thank you ve
Page 55 and 56: 55 ni dakika tano, unakaa kwa hio d
Page 57 and 58: 57 Com. Ratanya: Okey, nashukuru sa
Page 59 and 60: 59 wajumbe wake. Ningependelea vile
Page 61 and 62: 61 na ule uchulu wa jimba hilo kwa
Page 63 and 64: 63 watu wanachaguliwa na party wana
Page 65 and 66: 65 not any other thing because adve
Page 67 and 68: 67 Bwana Mwenda: Lakini hii Kenya y
Page 69 and 70: 69 Translator: Nimemaliza. Com. Rat
Page 71 and 72: 71 Com. Ratanya: Ebu jaribu sasa ku
Page 73 and 74: 73 Isaiah Kobia Ritari: Thank you c
Page 75 and 76: 75 That’s all I have to present o
Page 77 and 78: 77 Com. Ratanya: Asante Sana Mwithi
Page 79 and 80: 79 mambo ya mali, ningetaka serikal
Page 81: 81 madiwani, malipo yao yawe yanato
Page 85 and 86: 85 Some people have already talked
Page 87 and 88: 87 constitution must never be amend
Page 89 and 90: 89 amechukuliwa, aliondoka kwa mali
Page 91 and 92: 91 Crowd: Ndio. Com. Abubakar: Ende
Page 93 and 94: 93 Elijah Maitai: Manto jau ijakomu
Page 95: 95 Translator: Ndio serikali ikikaa
Page 101 and 102: 101
Page 103 and 104: 103
Page 105 and 106: 105 katika koti pia. Na pili aondol
Page 107 and 108: 107 President’s office, or the na
Page 109 and 110: 109 Garvason Mathew, organizing sec
Page 111 and 112: 111 Ya pili, ningependa kwa maana m
Page 113 and 114: 113 Peter Mbithu: Kwu uria thirikar
Page 115 and 116: 115 Peter Mbithu: ende baria bakwin
Page 117 and 118: 117 Family will however, property i
Page 119 and 120: 119 Land - Ratio of a land _____ be
Page 121 and 122: 121 Patricio Miriti: Na manto ja ma
Page 123 and 124: 123 1. First, the judiciary, to min
Page 125 and 126: 125 Tlanslator: Wote walikuwa wanaa
Page 127 and 128: 127 Com. Abubakar: Asante sana, Era
Page 129 and 130: 129 Thomas Ntoraru: (gave the views
Page 131 and 132: 131 2. Ningetaka kusema ya kwamba,
Page 133 and 134:
133 Kirianki M’imanyara: I would
Page 135 and 136:
135 yule atachaguliwa, awe na elimu
Page 137 and 138:
137 Jambo lingine tungependa kuwash
Page 139:
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ON 17TH MAY, 2002 - ConstitutionNet

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