verbatim report of - ConstitutionNet

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Legislative powers, under section 30 of the Constitution, I’m also saying that it should be reviewed. It should be reviewed to read that the legislative powers of the Federal Republic of Kenya shall be vested in the Federal Parliament and the Senate. This shall consist of the Federal State Assembly, the President of the United Federal Republic of Kenya. The Federal Assembly will make decisions which will, after receiving the presidential assent, be ratified by the Senate. What I’m trying to say here, we want to remove the powers of the President deciding by himself. If he makes any decision, it should be refered to an independent body, which will review, look at that particular decision, and be able to ratify it or to refer it back to him. Or even Parliament, if Parliament makes any decision, like now we know Parliament has what we call 'multi-party system' There is an area where we find there are more Members from one party in Parliament and they have to make decisions in a biased way. Such decisions made in Parliament will be sent to the Senate for ratification. I am also am proposing appointment of Permanent Secretaries, Commissioners or for any type of employment in this country, we would like the Government to understand that Kenya is now a multiparty state and when it is a multiparty state, we must share everyhting equitably. Now when it comes to employment, we would like the parties in this country also to be given chance to nominate candidates for such kind of employment. For instance the President should not be allowed to be the only person who appoints the Permanent Secretaries. Just the way you Commissioners were appointed, we would like the parties to be given a chance to nominate the candidates who will be appointed by the President and so to the District Commissioner and so to the other employment. About the language to be used in Parliament, as I have said before, there is no need of us to discriminate by way of education. This is our country and I believe anybody with leadership qualities can lead this country. In Western Kenya we have one very rich man called Ambwere.Anbwere does not have a university degree but he is capable of managing his business very very well. What do you need as a country or Government to help people get their welfare/ So, am saying that university degrees should not be the basis of an election. The official language in Parliament, as we have said before, because you may find somebody who is capable of really bringing the ideas which can help the counrty to develop and is left out. So we are saying the official language in Parliament should also be English and Kiswahili and the documents including the Bills, including the Acts, including the laws and the Constitution must also be in Kiswahili because not all kenyans are learned enough. For instance you go to court where the judgement is being read in English and you don’t understand English. Even though there is translation, it may not be very very clear. Today people are being jailed because they do not know what to say. So we are saying if the official language in Parliament is Kiswahili and English, documents written there should also be in kiswahili and English. Prolonging and summoning Parliament: Parliament should have its own calendar in which it can prolong itself and not be prolonged by the President. The President may direct the speaker of the National Assembly to call or summon Parliament if he feels there is an urgent issue that needs to be deliberated upon by the Parliament. So that is my propasal as regards that. Actually I have finished, I have already talked about the election of the Mayor. So as far as am concerned, this is a document am going to present to you, its not yet complete but I will be able to present a complete document which has all sections in one 78

day's time. Thank you very much. Com. Pastor Ayonga: Thank you for your presentation. Samuel Makokha? After Samuel, mama ni wewe na ndio utakuwa wa mwisho Samuel Makhoha: Kwa majina ni Samuel Makokha na natoa habari ifuatayo ama mapendekezo yafuatayo, sitarudia yale ambayo wengine wamesema. There are two pertinent issues I would like to address; One is about education, others may have talked about it but I would like to emphasize that education policies should be followed to the latter. People who are concerned with education should be consulted before any action is taken and am talking as a teacher. I am worried on how am supposed to control the students because corporal punishment has being banned and yet a lot is expected to change that particular child. So, in case of any action or any change to be implemented in the education sector, the concerned, including the teachers, should be consulted adequately. Aping the western in upbringing of the children, am not against it, but we as a country should have our own formula on how we would like our children to be brought up. I am pained by the increase of taking illicit drinks in Western Kenya. Some peole have given views that some of the local brews should be legalised. My personal view is the Government should look for ways of regulation of illicit drinks. The future of any country depends on the youth or the young people but the rate at which young people are taking chang'aa in Western Kenya, if nothing is done, we shall not have a future. So I propose that the Government should have a machinery to control these illicit drinks. National Health Insurance Fund, we have had the National Health Insurance fund where people are deducted money and I will not call that an insuarance because we are not insured at all. An insuarance, to me should be if menbers are deducted any money or they contribute any money, that money should be a revolving fund. Whether the person uses it immediately or later in life, it should be a revolving fund and it should not only affect the poor but even those who don’t work at all. So I would like this National Health Insurance fund to be established in such a way that the beneficiaries of both, the contributors and the families, is adequate. Lastly, the legends of this country should be honoured. There should be an Act that ensures that such people are safe in their future. I refer to politicians, footballers and athletes. This afternnon we have been entertained by some old man who was a great musician but you look at him and you get paied, because he has continued to serve this country and there is no established system how his future is going to be taken care of and there are so many Kenyans who have been heroes in their own right and yet nothing has been done to them. So, any taxes we contribute to the Government or any system, a particular system should be established to cater for these people, they should be taken care of. I would like talk more about politics because other people have spoken thank you. 79

day's time. Thank you very much.<br />

Com. Pastor Ayonga: Thank you for your presentation. Samuel Makokha? After Samuel, mama ni wewe na ndio utakuwa<br />

wa mwisho<br />

Samuel Makhoha: Kwa majina ni Samuel Makokha na natoa habari ifuatayo ama mapendekezo yafuatayo, sitarudia yale<br />

ambayo wengine wamesema. There are two pertinent issues I would like to address;<br />

One is about education, others may have talked about it but I would like to emphasize that education policies should be<br />

followed to the latter. People who are concerned with education should be consulted before any action is taken and am talking<br />

as a teacher. I am worried on how am supposed to control the students because corporal punishment has being banned and<br />

yet a lot is expected to change that particular child. So, in case <strong>of</strong> any action or any change to be implemented in the education<br />

sector, the concerned, including the teachers, should be consulted adequately. Aping the western in upbringing <strong>of</strong> the children,<br />

am not against it, but we as a country should have our own formula on how we would like our children to be brought up. I am<br />

pained by the increase <strong>of</strong> taking illicit drinks in Western Kenya.<br />

Some peole have given views that some <strong>of</strong> the local brews should be legalised. My personal view is the Government should<br />

look for ways <strong>of</strong> regulation <strong>of</strong> illicit drinks. The future <strong>of</strong> any country depends on the youth or the young people but the rate at<br />

which young people are taking chang'aa in Western Kenya, if nothing is done, we shall not have a future. So I propose that the<br />

Government should have a machinery to control these illicit drinks.<br />

National Health Insurance Fund, we have had the National Health Insurance fund where people are deducted money and I will<br />

not call that an insuarance because we are not insured at all. An insuarance, to me should be if menbers are deducted any<br />

money or they contribute any money, that money should be a revolving fund. Whether the person uses it immediately or later in<br />

life, it should be a revolving fund and it should not only affect the poor but even those who don’t work at all. So I would like this<br />

National Health Insurance fund to be established in such a way that the beneficiaries <strong>of</strong> both, the contributors and the families, is<br />

adequate.<br />

Lastly, the legends <strong>of</strong> this country should be honoured. There should be an Act that ensures that such people are safe in their<br />

future. I refer to politicians,<br />

footballers and athletes. This afternnon we have been entertained by some old man who was a great musician but you look at<br />

him and you get paied, because he has continued to serve this country and there is no established system how his future is going<br />

to be taken care <strong>of</strong> and there are so many Kenyans who have been heroes in their own right and yet nothing has been done to<br />

them. So, any taxes we contribute to the Government or any system, a particular system should be established to cater for these<br />

people, they should be taken care <strong>of</strong>. I would like talk more about politics because other people have spoken thank you.<br />

79

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