ON 17TH MAY, 2002 - ConstitutionNet

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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.