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constitution of kenya review commission - ConstitutionNet

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18Judiciary – The Constitution should allow a supreme court. There should be a Constitutional court. The judicial <strong>of</strong>ficers shouldbe appointed by qualification. The tenure <strong>of</strong> judicial <strong>of</strong>ficers, should be 5 years only, subject to reappointment regarding one`sconduct.Kadhis should be elected by delegates <strong>of</strong> muslim scholars. Kadhis should play similar roles as the magistrates and judges.Kadhis should be well learned and conversant with both circular laws and religious laws. There should be provision for Judicial<strong>review</strong> by the Legislature.The Local Government – Mayors and Chairmen should be elected by people. Mayors and Chairmen should possess “O” leveleducation, at least.Com. Ahmed I. Hassan : Let me interrupt you, I just want to say that since you have a written memorandum, just highlight theissue. When you are highlighting please, you will tell us again about the three political parties. You are saying that there shouldbe only three political parties, we would like you to tell us which three.Mohamed Hussein : Which parties? I cannot name which party. This will depend on the majority. We don`t want so manyparties in Kenya because this creates things like tribalism - -where every tribe is forming its own. It is because <strong>of</strong> that that wewant only three political parties. I am reading because there might be problems, may be you will be numbering, then they giveyou problems.Com. Ahmed Hassan : No, no, it will not, just highlight.Mohamed Hussein : There are so many things to be discussed because I am going topic after topic, therefore I am submittingthis memorandum on behalf <strong>of</strong> the community <strong>of</strong> Wajimwali people. Thank you.Com. Ahmed Hassan : I would like you to stay, just before you go so that wananchi wasikie. You have said localgovernment, what else do you have on local government?Mohamed Hussein: The remaining topics are on local government, basic rights, individual rights, land and property,management and use <strong>of</strong> natural resources - - and this is a very sensitive issue, this area, Environment and Natural resources,and the structure <strong>of</strong> the government. Also there is participatory <strong>of</strong> governance, separation and transfer <strong>of</strong> power, and the lasttopic is on the Structure <strong>of</strong> the Government.Com. Ahmed Hassan: I am not going to continue with the dialogue but the one that you are saying is sensitive can you justhighlight very quickly.

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