verbatim report of constituency public hearings ... - ConstitutionNet

22to have one hundred voters; another one has seven thousand or eight thousand members. There should also be proportionalseats, increasing the number of Parliament from two hundred and ten heads to three hundred - these ninety members beproportionally nominated proportion to the number of votes cast for Parliamentary votes, to ensure that those areas where youcan neither(inaudible) or in the areas where there may be conflicts. The resources of the state should be sharedproportion to population. It does not make sense to share the resources where there are no people. Resources should go todevelop the people and they should mostly go where it is productive, and will assist the country. I think that is all I have to saybecause I am giving you a copy of my memorandum. Thank you.Com. Bishop Njoroge: Thank you Mheshimiwa. Thank you. That is very quick and we have a question to ask you. Can youplease pause there for a moment.Com. Lethome: Mheshimiwa, you have spoken about Judicial Service Commission and I am sure the office will be dependingon the Judiciary. I am interested in knowing the composition of the Judicial Service Commission in your memorandum. Whoappoints the members of that Commission? Because the independence of the Commission remains a lot on the Judicial ServiceCommission on it’s composition and the appointment of the members in it.Honorable Matu Wamae: That is a very good question. The Judicial Service Commission should have seven members andthose should be: Judge of the supreme court of Kenya,one. Judge from the court of appeal, one Judge of the High court, oneMagistrate and Law society of Kenya appoints one member.The Chief Justice in essence should be ex-officio member of the Judicial Service Commission. Members of this JudicialCommission should hold office for one term of five years only and should appoint their own Chairman. The Appointment ofthese officers should be made by the President with the recommendations of these organs. That is the Supreme Court, Court ofAppeal, the High Court, the Magistrates, and Law Society of Kenya should propose their nomination to be appointed by thePresident.Com. Bishop Njoroge: One more question. You have talked about the succession to the office. Can you please elaborate?Honorable Matu Wamae: This is a very important area that the commission should take into account, because we want toavoid having any vacancy at any time in the key office of the President of the republic of Kenya. Therefore, we are saying thatas much as possible and to avoid any break or vacuum in case the President is unable to perform his duties, the Vice Presidentshould perform those duties. If the Vice President cannot perform those duties, then the Cabinet should appoint one Minister toact as President. Secondly, within forty-eight hours of declaration of election results, the new President should be sworn toensure that there is no gap in appointment to the President.