verbatim report of - ConstitutionNet

verbatim report of - ConstitutionNet verbatim report of - ConstitutionNet

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mamlaka kinyume cha sheria ambapo haistahili. Maoni yangu ya tatu, yahusika na uchumi. Uchumi wa nchi yetu unatakikana uwe na Commission ya kusimamia uchumi ili uchumi wetu ujulikane utakuwa kwa njia gani. Katika Commission hiyo ichukue wataalamu, ma-engineer, wanaviwanda wachague chairman wao katika hiyo committee. Maoni yangu kwa upande wa elimu, ningependa serikali ianzishe ushuru wa elimu kwa wakenya wote walio na uwezo kufanya kazi ili serikali ipate pesa za kulipa walimu na kutengeneza majengo ya shule na vitu vingine bila kutegemea harambee. Maoni yangu ya tano yanahusiana na Commission zote zinazoundwa. Commissioner ya uchaguzi, Commission ya Katiba, ziunganishwe zikuwe Commission moja ili ziweze kufanya kazi pamoja kama Commissions zinazoangalia masilahi ya sheria za nchi hii. Uhuru wa vyama vya wafanyikazi; Vinatakiwa vikuwe vya kujitegemea. Visiingiliwe na wanasiasa au viongozi wowote wa serikali, ndio viweze kutetea wafanyikazi kwa njia ipasavyo. Maisha ya ndoa na watoto, wanaume na wanawake wasiwachwe waishi bila ndoa ya halali na wasipewe nafasi ya kuzaa watoto kiholela kwa sababu hiyo inaleta wanaume wengi kuzaa na wanawake bila kuwaoa halafu wanasababisha watoto ambao hawana malezi mema. Ningependa Katiba mpya itunge sheria ya kuwalinda wanawake kutotakana na wanaume wanaowanyanyasa baada ya kuona hawawapendi. Wanawaacha wakiteseka na watoto, na hakuna sheria inayolinda wanawake kama hao na watoto kama hao. Namaliza maoni yangu nikisema kwamba, sehemu ambazo zinamanufaa ya vitu fulani vya kiuchumi kama vile sehemu zenye kulimwa mahindi ingekuwa ni bora viwanda vya kusiaga mahindi na store za kuweka mahindi hayo, zijengwe huko kunakotoka mazao hayo. Zisijengwe mjini ambapo hazitafaidisha watoto wa wakulima wa hivyo vitu. Ambapo itawabidi waende tena kutafuta kazi sehemu ambazo hizo vitu zilipandwa na wababa yao hazipandwi. Hiyo ikiwa utapeleka viwanda hizo huko, kunapopandwa hizo vitu, itapunguza mminiko wa vijana mjini. Maoni yangu yanafikia hapo na ninawashukuru sana. Com. Nunow: Asante sana kwa maoni yako, ujiandikishe hapa. Christopher Omasaba? A.K Olukosi. A . K Olukosi: Thank you very much for the work you are doing. I wish to participate by contributing my proposals. I think this Constitution Review Commission is doing a very wonderful job and I congratulate you. The Constitution of any nation is, must, should and always be pivotal (inaudible) center of life and force of law of that nation above every thing else as the sun is to the universe. The Constitution of the Republic of Kenya should, in keeping with the fundamentally basic universal norm, therefore, be defined, designed and made in such a manner that strictly forbids and prevent any care free egocentric parochially selfish adulteration of the document through uncalled for subjective amendments. 48

However, necessary amendments that shall be conducive to development; political or social, and in the best interest of the country and people of Kenya should be allowed but only after very exhaustive public debate following proposals made by government, representatives of people in Parliament or individual citizens through formal Bills. Thereafter, a referendum is then held to approve or reject any proposed amendment. No voting in Parliament to amend the Constitution, must either be enshrined in the Constitution or allowed in any other form. Parliament: It must be simply and clearly stated in the Constitution that Parliament is the supreme authority of the Republic of Kenya. Parliament should, as an institution, determine it's timetable of sittings and recesses for the full term of five years. On the 30th November of the fifth year of its life, Parliament should be dissolved and the Speaker assumes authority of the state as acting President, though being Speaker of the National Assembly. The Speaker should act thus with full powers of the President through the whole election exersise in which he should not participate until the swearing in of the new President. Administration, management and control of Parliamentary affairs should be carried out by Parliamentary Service Commission which must be made up as follows: The Commission should not exceed… Com. Nunow: Mr. Olukosi, just a moment. Excuse me I can see you've got very good ideas but if you read them you will not go beyond a page before your time is up. So you might want to pick key issues in each section and consider limited details because we will read it our selves. A. K Olokose: I don’t read the whole… Com. Nunow: No, just give us the… If you say electoral laws, you want them to be these. Parliament to have its own calendar that is the point. You move on. That way, you will cover many points. That is because we are limited by time. A K O Lukosi: Okay I say Parliament should be responsible for it's timetable sittings and so on and so on. And that there should be a Commission, a Parliamentary Service Commission to deal with the affairs of the Constitution to which Members will be subjected to respect through the Speaker, like about the attendance and so on. The concept of democracy should be enshrined in the Constitution in that there should be a feed back system where Members of Parliament can be recalled by the electorate if they are not doing their work properly. The the review of the Constitution of Kenya should accordingly create seventy-five additional constituencies, to make a total of two hundred and eighty five and establish a legal basis and authorisation upon which the Electoral Commission shall redefine proper boundaries after some names and so on in accordance to the criteria. There is a serious volatile Constitutional problem here in Bunyore which could very well triger hostility between the Luo's and the Banyore people. This is over the boundary between Vihiga and Kisumu district. No boundary was properly demarcated 49

However, necessary amendments that shall be conducive to development; political or social, and in the best interest <strong>of</strong> the<br />

country and people <strong>of</strong> Kenya should be allowed but only after very exhaustive public debate following proposals made by<br />

government, representatives <strong>of</strong> people in Parliament or individual citizens through formal Bills. Thereafter, a referendum is then<br />

held to approve or reject any proposed amendment. No voting in Parliament to amend the Constitution, must either be<br />

enshrined in the Constitution or allowed in any other form.<br />

Parliament: It must be simply and clearly stated in the Constitution that Parliament is the supreme authority <strong>of</strong> the Republic <strong>of</strong><br />

Kenya. Parliament should, as an institution, determine it's timetable <strong>of</strong> sittings and recesses for the full term <strong>of</strong> five years. On the<br />

30th November <strong>of</strong> the fifth year <strong>of</strong> its life, Parliament should be dissolved and the Speaker assumes authority <strong>of</strong> the state as<br />

acting President, though being Speaker <strong>of</strong> the National Assembly. The Speaker should act thus with full powers <strong>of</strong> the President<br />

through the whole election exersise in which he should not participate until the swearing in <strong>of</strong> the new President. Administration,<br />

management and control <strong>of</strong> Parliamentary affairs should be carried out by Parliamentary Service Commission which must be<br />

made up as follows:<br />

The Commission should not exceed…<br />

Com. Nunow: Mr. Olukosi, just a moment. Excuse me I can see you've got very good ideas but if you read them you will not<br />

go beyond a page before your time is up. So you might want to pick key issues in each section and consider limited details<br />

because we will read it our selves.<br />

A. K Olokose: I don’t read the whole…<br />

Com. Nunow: No, just give us the… If you say electoral laws, you want them to be these. Parliament to have its own calendar<br />

that is the point. You move on. That way, you will cover many points. That is because we are limited by time.<br />

A K O Lukosi: Okay I say Parliament should be responsible for it's timetable sittings and so on and so on. And that there<br />

should be a Commission, a Parliamentary Service Commission to deal with the affairs <strong>of</strong> the Constitution to which Members will<br />

be subjected to respect through the Speaker, like about the attendance and so on.<br />

The concept <strong>of</strong> democracy should be enshrined in the Constitution in that there should be a feed back system where Members<br />

<strong>of</strong> Parliament can be recalled by the electorate if they are not doing their work properly.<br />

The the review <strong>of</strong> the Constitution <strong>of</strong> Kenya should accordingly create seventy-five additional constituencies, to make a total <strong>of</strong><br />

two hundred and eighty five and establish a legal basis and authorisation upon which the Electoral Commission shall redefine<br />

proper boundaries after some names and so on in accordance to the criteria.<br />

There is a serious volatile Constitutional problem here in Bunyore which could very well triger hostility between the Luo's and<br />

the Banyore people. This is over the boundary between Vihiga and Kisumu district. No boundary was properly demarcated<br />

49

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