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

48Douglas Masinde: I will start with the Constitutional Supremacy. The Constitution of Kenya has been amended so manytimes in that it is difficult to state without doubt a certain part of the Constitution. Most of this amendments have been donewith the sole purpose of partisan or individual benefits. This encourages corruption and causes human rights abuse. Parliament’s powers to amend the Consitution should be limited to some parts like budgetary allocation which atmost times arecircumstancial and during emergency cases. This should be spelt out vividly in the new look Consitution. Major parts of theConsitution like life of Parliament; Executive and Judicial powers should be referred to people through referendums todetermine any amendments. The referendum should be conducted by the Parliamentary House Committee created for the solepurpose of going to the people and see what they think and think about the anticipated changes.Defense and national security; the disciplined forces, the military, the paramilitary and police should be establish by Constitutionto enhance their nueutrality by extending their service to all the people of Kenya with fairness. Presently, they tend to protect thePresident and those who are politically correct- that is all Kanu is all about. Thus, leaving about 60% of Kenyan who arepro-opposition---Interjection. Com. Bishop Njoroge: Evans, can you listen to me? Please we are all Kenyans. Please give us the proposals.No no. Now I am the chairman of this session and you will have to do what I tell you. Don’t tell us the wrong things. Tell usthe proposals that can help us right that wrong. Tunajua shida. Utwambie shida ya corruption ili tuimalize, tutafanya hivi, shidaya Kanu kuwa ndio tu inafanya mambo tungetaka tufanye hivi kwa Katiba. Hiyo tu ndio itatusaidia.Douglas Masinde: Okay. My proposal about that; we need an Act or a clear part of the Constitution that stipulates theformation of the military and paramilitary and the police forces with Commissioners or Directors vetted by Parliament and withsecurity of tenure to enable them serve without fear.Political parties: political parties should play other roles other that political mobilization such as, civic education andenhancement of development projects. Constitution should regulate the formation, management and conduct of political partiesto avoid abuse of office and other functions the party does. The number of political parties should be limited to form majorparties that will transcend tribal and regional affiliations. Also, political parties should partly be financed from public fundsbecause they belong to the public.Structure and system of government: I support the hybrid system of government where Executive authority is shared betweenthe President and the Prime Minister. The Legislature: several appointments should be vetted by Parliament. This shall includeChief Justice, Prime Minister, all Judges, all Ministers, Attorney General, Parastatal Heads, Central Bank Governor and AuditorGeneral. Parliament should have powers to control its own procedures through standing orders.