constitution of kenya review commission (ckrc ... - ConstitutionNet

22circumscision. Environment and natural resources, among environment protection issues to be included in the Constitution arecompulsory afforestation, disciplinary action agains endangering the environment and ban the use of pesticides or chemicalsharmful to human beings. But also agricultural practices that promote soil erosion and burning of forests and trees should bebanned.Another point is on stree children. Since they are a marginalized group, the Constitution guarantee their protection as childrenwhose rights have been trampled upon. They should be rehabilitated through the department of chidrens’ welfare. But, even asthis is done, the Attorney General should outlaw the sniffing of glue in a bid to cut down on its abuse among the street children.A welfare fund should be started to help this children.The Constitutional Commission offices and its position. I am going to talk abou the office of an Ombudsman. The concept of anombudsman is convergent in nature The original aim was that the office holder would have the task of investigating complaintsfrom citizens against the State of mal-administraton. Mal-administration here covers bias, neglect, inattention, delay in arbitraryand so on. Kenya should not have only one ombudsman but should have several of them. There should be an ombudsman forlocal government for legal services, for prisons, pensions, etc. An Ombudsman should be independent of the organization heinvestigates. Staff of an Ombudsman; an Ombudsman should be surppoting staff including legal advisors and investigatingofficers. There should be an Ombudsman Commission whose work would be to promote standard of good practice in thepublic and private sector. Examples of situations which can be investigated by the Ombudsman are:• Where the wrong advise has been given.• Where there has been failure to answer corresponding.• Where there has been delay in passing on information, which will have adverse effect on a person and his property.• Where the wrong amounts have been calculated in relation to the social benefit payments.Com. Bishop Njoroge: Are you about to finish? I have already given you ten minutes. Can you just give us the final point?Michael Papa: An individual addressing complaints to an ombundsman: an individual must address him through his Memberof Parliament indicating difficulties experienced with the department or agency concerned. The complaint must be made withinthe 12 months of the mal-administration. Thank you very much.Com. Bishop Njoroge: Thank you, I hope (inaudible) through your notes. Thank you very much. Can we have PatrickBuliala? Patrick Buliala?Patrick Buliala: Nawasalimia nyote, hamjambo?Response: Hatujambo.