verbatim report of - ConstitutionNet

verbatim report of - ConstitutionNet verbatim report of - ConstitutionNet

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09.03.2013 Views

Haki za watoto. Kila mwananchi asome sheria mpya za watoto na azingatie haki za watoto kikamilifu. Jinsi nilivyosema, mengi yameshugulikiwa na mengine yatasomwa kutokana na hiki kijikaratasi. Hata hivyo, apart from that, personally I have something to talk about and that is in how the youths from schools are admitted to these colleges like medical training colleges, teachers training colleges. Now I feel there should be a change because we find that this idea of corruption has actually brought in a lot of problems. In that, you find that those who are able to do well in this colleges and are not may be financially stable as in they cannot give kitu kidogo in these offices, they are not able to be absorbed so it has left most of these youths unable to join these colleges because they can’t afford. They don’t have the 'whom do you know' from up there. I feel the charges for these universities should be reduced to enable most of these youths from secondary school be able to join universities and further their studies. Thank you so much. Com. Nunow: Thank you Mrs. Okatso kwa hayo maoni, we will be happy to receive your papers. So sign the register. David Tianyi? David Tianyi: My names are David Tianyi, I represent the Kenya National Union of Teachers.(KNUT) In our memorandum, we started with a wish that the new Constitution being enacted should have a preamble. A preamble will give as a direction, vision of national unity, it will also guarantee every citizen security and reassure the provision of education, health and settlement for every citizen. Constitutional supremacy. The Constitution of the country should be the supreme document and the Parliament should not have power to amend the Constitution in any way it acquires. We have seen the side effects of that during the days of section 2a. Whereby the Constitution was amended and used quite in an impunitive way. Just about the Constitution still, we would like the current Constitutional Review Commission,to be transformed into a long lasting Commission that will be looking into the issues of Constitutional review. Such that it can be given powers to conduct debate and national referendum on issues that are pertaining to the constitution and need to be amended. Citizenship: It is our wish that the Constitution will guarantee every son and daughter born of a Kenyan man or woman, the citizenship of this country. And this should also apply to a wife or husband of a Kenyan son or citizen, thus allowing for dual citizenship. This will save us from the expensive maternity leaves. Like one of the Commissioners talked of people going to Britain for marternity so that the child born in that country becomes a citizen of that country and is also a citizen of the country where the parents come from, that is dual citizenship. Now, such like a citizen should be guaranteed to have the documents that are required. That is an ID card, a birth certificate and a passport without very many hurdles being placed in the way of such a person. 40

Political parties. Now, there should be a maximum of three political parties. If we looked at the players in the political scenario at this time, we have got the two extremes and the moderate. If the three formed the political parties, then that would be enough and would save us from the noise that we are hearing at the moment. Also, the registrar of societies should be tamed in the way he does it. Because at present, we know political parties are being formed either to destroy a certain section or for the benefit of one person or another. The Legislature: The Parliament should have a right to vet all public appointments. That is the appointments of ministers, assistant ministers, permanent secretaries, ambassadors, directors and chairmen of state corporations. Such that this person should be a person of a good reputation. We have seen people plundering some corporations and they end up being transferred to another one just to go and do the same. For such, they should be tamed by such like a Commission of Parliament. Now, the Constitution should also allow for a coalition government. Now, why I am fronting for that is that, you will find that some areas vote as a block. And you might vote as a block and end up not getting a person going to the party that will win the coming elections. That should not mean that you should be sidelined from the affairs of the government at that time. You are citizens and should be incoporated in the running of the government affairs at that time. And then the President should not have control over the calendar of the Parliament. The Parliament should be given mandate to run its own calender. Election date for the country should be enshrined in the Constitution. We can say that in the last forty days, before the end of the current life of Parliament, elections should be held. That will show us where we are heading to. We shall not be held at ransom as we are now that only one person in this country knows the date of the coming elections. Other people are just at his mercy. The Executive: Qualifications for the presidential candidate and even their CV's should be made public. We are beginning to get worried that we don’t know where some people went to school, how they behaved in school, and how they behaved in the communities where they grew up. And they are coming up to tell us they want to be Presidents. We are going to have people with some wrong morals being elected Presidents if we don’t know their CV's. Now, the presidential terms should be two terms of five years each, that means that the longest period one can serve as President is ten years only. That will give people some rest. If somebody is bad enough, you know after ten years the person will go and you can breath a little. Now, the President's functions should be spelt clearly in the Constitution. We have heard people who have behaved like small gods, they want to do everything and at there own will. Let the duties be spelt clearly in the Constitution. The provincial administration is not bad. But the current Constitution has not spelt out the duties of provincial administration and 41

Political parties. Now, there should be a maximum <strong>of</strong> three political parties. If we looked at the players in the political scenario<br />

at this time, we have got the two extremes and the moderate. If the three formed the political parties, then that would be enough<br />

and would save us from the noise that we are hearing at the moment. Also, the registrar <strong>of</strong> societies should be tamed in the way<br />

he does it. Because at present, we know political parties are being formed either to destroy a certain section or for the benefit<br />

<strong>of</strong> one person or another.<br />

The Legislature: The Parliament should have a right to vet all public appointments. That is the appointments <strong>of</strong> ministers,<br />

assistant ministers, permanent secretaries, ambassadors, directors and chairmen <strong>of</strong> state corporations. Such that this person<br />

should be a person <strong>of</strong> a good reputation. We have seen people plundering some corporations and they end up being transferred<br />

to another one just to go and do the same. For such, they should be tamed by such like a Commission <strong>of</strong> Parliament.<br />

Now, the Constitution should also allow for a coalition government. Now, why I am fronting for that is that, you will find that<br />

some areas vote as a block. And you might vote as a block and end up not getting a person going to the party that will win the<br />

coming elections. That should not mean that you should be sidelined from the affairs <strong>of</strong> the government at that time. You are<br />

citizens and should be incoporated in the running <strong>of</strong> the government affairs at that time.<br />

And then the President should not have control over the calendar <strong>of</strong> the Parliament.<br />

The Parliament should be given mandate to run its own calender. Election date for the country should be enshrined in the<br />

Constitution. We can say that in the last forty days, before the end <strong>of</strong> the current life <strong>of</strong> Parliament, elections should be held.<br />

That will show us where we are heading to. We shall not be held at ransom as we are now that only one person in this country<br />

knows the date <strong>of</strong> the coming elections. Other people are just at his mercy.<br />

The Executive: Qualifications for the presidential candidate and even their CV's should be made public. We are beginning to get<br />

worried that we don’t know where some people went to school, how they behaved in school, and how they behaved in the<br />

communities where they grew up. And they are coming up to tell us they want to be Presidents. We are going to have people<br />

with some wrong morals being elected Presidents if we don’t know their CV's.<br />

Now, the presidential terms should be two terms <strong>of</strong> five years each, that means that the longest period one can serve as<br />

President is ten years only. That will give people some rest. If somebody is bad enough, you know after ten years the person<br />

will go and you can breath a little.<br />

Now, the President's functions should be spelt clearly in the Constitution. We have heard people who have behaved like small<br />

gods, they want to do everything and at there own will. Let the duties be spelt clearly in the Constitution.<br />

The provincial administration is not bad. But the current Constitution has not spelt out the duties <strong>of</strong> provincial administration and<br />

41

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