verbatim report of constituency public hearings ... - ConstitutionNet

verbatim report of constituency public hearings ... - ConstitutionNet verbatim report of constituency public hearings ... - ConstitutionNet

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110empower the electorate to recall their Councilors. This should be done through collection of at least five hundred signatures ofthe electorate who registered their dissatisfaction on the performance of the Councilors.In the electoral system and process, Kenya should continue practicing representative electoral process. The Constitution shouldretain the current geographical constituency system but we recommend that the current boundaries be re-looked into - on thebasis of geographical and particularly on population diversity. On free, fair and informed elections, the Constitution must providefor very independent electoral commission. To do this, I propose that the electoral commission should be constituted by thepolitical parties according to their strength. The commission should also have representatives from other organized civilsocieties.Com. Keriako Tobiko: Can I have the last one. Because we will read your memorandum.Eustace Maina: The last one will be on the part of Constitutionalism. If the Constitution is made by the people and belong tothem, they should know it and understand it. The Constitution must be written in a clear, plain and straightforward language, asopposed to the legal language. The Constitution should state that it must become part of the school curriculum so that Kenyansgrow with their Constitution. The Constitution must commit any government in power to continuously offer civic education tocitizens. Thank you.Com. Keriako Tobiko: Thank you so much. Charles Mwangi Mahinda.Charles Mwangi Mahinda: Thank you Mr. Commissioner. I will only make a small point and I go forward. The Presidentand the Vice President should be elected by the people. They should each get at least garner 51% of the votes. The Presidentand Vice President should be at least forty years old - But there should be no older age limit. The President can appointMinisters and Chief functionaries in the government, but they should be vetted by the Parliamentary morals and ethicscommittee. In case of any misdeeds by the President, Parliament should have the powers to impeach him, and after thoroughinvestigation, the Parliament should recommend whether he should be taken to court or not.Provincial Administration should be scrapped. Districts should become counties. District Commissioners, DEO’s, Chiefs andAssistant Chiefs should go. They should be replaced by County Councils, Divisional Committees and Local Committees whichshould be able to formulate development policies in their own locality. County Councils should be autonomous from the CentralGovernment. It should be able to use their revenue in their domain to provide free education, health and infrastructure.Taxation in Kenya is one of the heaviest in the world. Parliament should be empowered to abrogate some of the taxes that aredraining poor Kenyans dry today. The office of the Auditor General should closely monitor government spending and prosecutethose found to have mis-used public funds.

111Com. Keriako Tobiko: Lastly.Charles Mwangi Mahinda: Parliament should have the power to form commissions and make public the outcome of suchcommissions. There should be an ombudsman and a Parliamentary truth and reconciliation committee, to look into formermis-deeds of the government officials. Thank you so much.Com. Keriako Tobiko: Thank you so much. Now, Reverend Harrison Waigwa.Rev. Harrison Waigwa: Thank you very much. In presenting this memorandum from P.C.E.A Tumutumu Parish, I wish tojust make one comment. That completion of the Constitutional Review and date of the next general election should bede-linked. There is no question of extension of life of Parliament beyond the five-year term. This is what 2003 can mean. Achance to change. A time for resurgence. A chance to change. Thank you.Com. Keriako Tobiko: Thank you so much. Now, sasa tumemaliza ile list yetu tulikuwa nayo hapa, ningetaka kuuliza. Sasanataka kuuliza. Nani ambaye angetaka kuongea, anasikia kuna kitu inam…..na haijasemekana. Something new.Agatha Wanjiku Wahome: Thank you. My recommendations are few and brief. The first recommendation.Com. Keriako Tobiko: What is your name?Agatha Wanjiku Wahome: My name is Agatha Wanjiku Wahome.Com. Keriako Tobiko: Nilikuita na haukuweko.Agatha Wanjiku Wahome: I was here. One I would say that the MP’s should be qualified. By qualifications, I mean that theyshould have attained a degree level of education. Secondly, I would also like to recommend the same for the Minister. I wouldlike to add that when the reshuffles are being done, they should be done in a reasonable manner. A Minister should be putin a Ministry in which he is qualified to work I recommend that the MP’s should act full time in order to serve the electors fully.I would like to say that if a Minister does not act during his term, he can be removed by members or those who elected him,even before the Parliament term has expired. Next, The President should have attained a degree level of education. TheProvincial Administration should be abolished. Dedan Kimathi should be exhumed and given a respectful burial. Thank you.Com. Keriako Tobiko: Thank you so much.

110empower the electorate to recall their Councilors. This should be done through collection <strong>of</strong> at least five hundred signatures <strong>of</strong>the electorate who registered their dissatisfaction on the performance <strong>of</strong> the Councilors.In the electoral system and process, Kenya should continue practicing representative electoral process. The Constitution shouldretain the current geographical <strong>constituency</strong> system but we recommend that the current boundaries be re-looked into - on thebasis <strong>of</strong> geographical and particularly on population diversity. On free, fair and informed elections, the Constitution must providefor very independent electoral commission. To do this, I propose that the electoral commission should be constituted by thepolitical parties according to their strength. The commission should also have representatives from other organized civilsocieties.Com. Keriako Tobiko: Can I have the last one. Because we will read your memorandum.Eustace Maina: The last one will be on the part <strong>of</strong> Constitutionalism. If the Constitution is made by the people and belong tothem, they should know it and understand it. The Constitution must be written in a clear, plain and straightforward language, asopposed to the legal language. The Constitution should state that it must become part <strong>of</strong> the school curriculum so that Kenyansgrow with their Constitution. The Constitution must commit any government in power to continuously <strong>of</strong>fer civic education tocitizens. Thank you.Com. Keriako Tobiko: Thank you so much. Charles Mwangi Mahinda.Charles Mwangi Mahinda: Thank you Mr. Commissioner. I will only make a small point and I go forward. The Presidentand the Vice President should be elected by the people. They should each get at least garner 51% <strong>of</strong> the votes. The Presidentand Vice President should be at least forty years old - But there should be no older age limit. The President can appointMinisters and Chief functionaries in the government, but they should be vetted by the Parliamentary morals and ethicscommittee. In case <strong>of</strong> any misdeeds by the President, Parliament should have the powers to impeach him, and after thoroughinvestigation, the Parliament should recommend whether he should be taken to court or not.Provincial Administration should be scrapped. Districts should become counties. District Commissioners, DEO’s, Chiefs andAssistant Chiefs should go. They should be replaced by County Councils, Divisional Committees and Local Committees whichshould be able to formulate development policies in their own locality. County Councils should be autonomous from the CentralGovernment. It should be able to use their revenue in their domain to provide free education, health and infrastructure.Taxation in Kenya is one <strong>of</strong> the heaviest in the world. Parliament should be empowered to abrogate some <strong>of</strong> the taxes that aredraining poor Kenyans dry today. The <strong>of</strong>fice <strong>of</strong> the Auditor General should closely monitor government spending and prosecutethose found to have mis-used <strong>public</strong> funds.

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