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SK not bothered with draft constitution?
bwenyenye
#51 Posted : Friday, November 20, 2009 12:45:00 PM
Rank: Elder

Joined: 5/24/2007
Posts: 1,805
Good People,

I think the draft is brilliant in some ways but fails miserabley in others. e.g the ones pointed out by BAAK and Why does the draft impose equity distribution of parliamentary seats eti no one gender shall have more than 2/3 of the seats ( Article 139(j/k). What happens if all who are elected are men or women? do we create more seats or ask some others to step down?

Why should I queue for six hours to vote for a ceremonial guy and leave my alienable right to some MP's?

I do not think our current constitution is the problem,Our leaders Are!!! Let us sort them!
I Think Therefore I Am
BAAK
#52 Posted : Friday, November 20, 2009 12:46:00 PM
Rank: Member

Joined: 8/27/2008
Posts: 70
Further to the posts below,and with all due respects,am seriously beginning to doubt the capacity of this CoE to help us get the constitution we need. To start with,will there be an audit of what they are doing? I mean,what guarantees me that if I write to them they will consider my opinions? Will anyone audit to confirm that all the submissions they received were considered and taken into account&hellip;when they say (in their website) that there is consensus that there is need for devolution in Kenya &ndash; this consensus is amongst who? The people who attended their briefings are a very small fraction of the whole country,my views on devolution (and many other peoples&rsquo;) were not taken into account&hellip;So this consensus on devolution was between who and who? I guess most proponents of devolution (such as the ones who were at Bomas) are the people who just want positions for themselves&hellip;



As a very minimum,the basic idea behind formation of CoE was to (professionally) review whatever proposals were made by laymen (ordinary people like me and you) and see if they were workable first and foremost&hellip;Meaning,before we confirm that these devolved governments are the way to go,we would need to very carefully establish their role,their day to day mode of operation,cost of operation,to what level can they be manipulated to fan tribalism and undermine national unity,etc. This would require input from many stakeholders and professionals,least important of whom would be lawyers such as the ones currently constituting the CoE.



Without very lengthy / open / frank / wide consultations and input from a mix of stake holders and professionals,I think it is very hasty / risky for us to change an entire way of government,(which is still working for us) &ndash;based on consensus between laymen and politicians?,if anything,if COE could not even spell out the functions of these county governments,they should have at least referred the issue back for much wider consultation involving many other stakeholders,key government ministries,professional bodies of engineers,architects,accountants,security agents,civil society,NCCK,Supkem,etc so that full implications are ESTABLISHED,DOCUMENTED,AND VERIFIED,ETC? Why should anyone expect me to blindly endorse a system of government whose full implications have not been analyzed broadly and documented? Why also is the media quiet/non-committal on such an issue of grave importance?


As an Skerian,I acknowledge that I have benefited immensely from the info posted here by others. There4,I promise to assist others in the same way by responding to request for info,as long as am privileged in the subject issue..SK Pledge..
kingauwi
#53 Posted : Friday, November 20, 2009 2:07:00 PM
Rank: Member

Joined: 11/17/2009
Posts: 99
Radical departure from where we are is probably ill advised.

All we need is some nice panel beating of what we already have.

Seal all the loopholes to check if not stamp out abuse.

But a labourious overhaul as suggested by CoE?


An eye for an eye will leave the nation blind
First they ignore you, then they laugh at you, then they fight you, then you win!
Fundaah
#54 Posted : Friday, November 20, 2009 2:21:00 PM
Rank: Elder

Joined: 11/19/2008
Posts: 1,267
Mtaalam ....Two bulls cannot live in one boma.......the PM and President issue needs to be sorted out .....otherwise we'll be in dire problems.......Unless we go for a piecemeal adoption/rejection of the draft.......this may be the only contentious issue that may bring down the otherwise good draft constitution.......

Ministers from outside the parliament also needs to be checked or we have professionals ministers being elected from one region only.............There should be some regional balance since we have professionals from almost all corners of the Country......



Rules of the game here: Before you post anything think.give facts only..It's a serious blog for serious people....Do not insult your brother....respect one another...Just be good.... It's good to live a honest life....life without guilt.... Jeremiah 17:11 As a partridge that hatches eggs which it has not laid,So is he who makes a fortune,but unjustly; In the midst of his days it will forsake him,And in the end he will be a fool.' From the SK Anti-hate/anti- corruption campaigner..
Isaiah 65:17-Look! I am creating new heavens and a new earth, and no one will even think about the old ones anymore
Obi 1 Kanobi
#55 Posted : Friday, November 20, 2009 2:31:00 PM
Rank: Elder

Joined: 7/23/2008
Posts: 3,017
Hello everyone,

I want to congratulate the COE for coming up with a draft constitution,I don't like many things in it,including the power sharing in the executive,too many MPigs etc. but I like what they have attempted to address; too much powers in the executive.

This is an opportunity for kenyans to improve it not critisize it.

@BAAK

Why don't you look at the draft objectively,I completely agree with your opinion regarding the co-sharing of power between president and prime minister. I think we should have one of either. But you are being dishonest when you say that a prime minister elected by majority parliamentarians has not been elected by the people,please leave this kind of rubbish to the MPIGS. In the world,the countries that elect their leaders this way include; US-electoral college (otherwise Al Gore would have been president),SA (and call him a president),Britain,Germany,India,Japan,israel,Canada,Australia. Infact there is not a single major and successful democracy that directly elects its president/primeminister (leader). The presidency or prime ministerial post in Kenya does not belong to specific persons or communities,they are dynamic offices that belong to all kenyans and which we will determine who occupies every 5 years.

All countries in the world have devolution or some sought of local government that is directly responsible for the day to day welfare of the people. In Kenya today,we have insecurity simply because the Minister of Internal security creates policy and then implements them leaving no room for review. If the people of Muranga had the police from amongst themselves,they would easily manage the Mungiki because they know who they are,but in the current set up,the police boss coming from the other end of the country will not care much about Murang'a and Mungiki and will preferably choose to save his own skin by looking the other way. The same applies to education,let whoever the educ minister is come up with a sylabus but leave the running of schools to parents,we are not idiots and we are not asking for ministerial seats,we just want to participate in the running of schools where our children study,thats devolution.

This draft has attempted to address the concerns of Kenyans rather poorly but for me even in its current state its 100% better then the current constitution.



I've noticed the youth in particular coming in to a workplace with a completely outsized notion of their own value and importance... just a thinly-veiled arrogance. May be the credit crunch induced recession is whats needed to remind us all about the value of hard work.... By Anonymous
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
adept
#56 Posted : Friday, November 20, 2009 2:36:00 PM
Rank: Member

Joined: 12/8/2008
Posts: 359
Feeding wananchi on more unrealistic expectations

http://www.nation.co.ke/...6/-/up7r7a/-/index.html

I understand the Bill of Rights. But this journalist's interpretation as usual is going to throw the ordinary mwananchi totally off tangent.

Is hunger more a factor of the law or economics? Do people starve because there is no law telling the gava to provide for them or because the country (due to mismanagement or otherwise) cannot afford it?

Anticlimax ahead.
Brewer
#57 Posted : Friday, November 20, 2009 2:40:00 PM
Rank: Member

Joined: 6/24/2008
Posts: 238
BAAK,my thinking exactly. I have a lot to say about this draft but its looking like it is a waste of time and energy to say anything. The die is cast. I am getting this feeling that the country,like sheep,is being herded towards a certain direction. It matters little what you say. I saw one of the members of the COE on TV and goodness gracious great almighty,she is opinionated! You will not change her mind. Then the newspapers- the standard has created imaginary powers of the president etc. and one cannot fail to notice they are generally painting a very good picture of the whole draft. I am waiting for the referendum.
FundamentAli
#58 Posted : Monday, November 23, 2009 8:39:00 AM
Rank: Veteran

Joined: 11/4/2008
Posts: 1,289
Location: Nairobi
I will be letting my views known tothe review commission.

One suspicious thing is how our MPigs irrespective of party affilliation have agreed to work together so that they can take power away from the people. Whoever has the money becomes the President. I understand the former Somali president elected at The Grand Regency had to cough enough dollars to each of the Somali MPs for him to get elected. This is one of the funny proposals being floated around.

Another issue is how the various chapters relate. The constitution should be clear on the hierachy of the various clauses. For example,we have freedom of worship enshrined in the proposed katiba. If I join a religion which believes in some funny sacrifices,I should not be taken to court. It will be my constitutional right to do whatever I wish all in the name of Freedom of Worship.

Another issue is the issue of changing all leases to 99 years. Kenyans may be cheering this. But do you know that within the next 35 years all the rural land will have reverted back to the government. Imagine someone coming from some remote village going to the lands office to renew their leases. Is it wise really? What do we gain as Kenyans from such a situation? Why our obsession with land? The land in contention is less than 3% of our land area. Solve the coastal land matters seperately and leave land matters out of the constitution. Land tenure if interfeered with can hamper investments as is the case with our two neighbhouring countries and that is why the cannot do horticure farming despite having plenty of good land and a suitable climate.

On the powers of MPigs have over the constitution,any constitutional changes made by Parliament should be subject to a vote at the next general election. The US uses this system on state matters. eg. Californians voted on gay rights in the last election. It is not just a matter of the House.




Baada ya dhiki,faaraja
BAAK
#59 Posted : Monday, November 23, 2009 3:33:00 PM
Rank: Member

Joined: 8/27/2008
Posts: 70
Obi,



On PM/President- unfortunately the distribution of constituencies is skewed,thanks to former President Moi. So if we say that leader of largest party to become PM,then,given our tribal leanings,the PM will forever come from Rift Valley or a region supported by rift valley Mps. Something not good for the rest of the country. This issue about boundary review and equalization of voters per constituency I don&rsquo;t trust it,once the draft constitution is passed all manner of delay tactics & logistical problems could be employed to ensure it doesn&rsquo;t work..



Equally I do not necessarily support direct vote by majority for president / pm per se as the big tribes will have an obvious advantage. To improve on the popular vote system,I believe there is and we need to search for a formula that takes into account popular vote,population density,geographical features of various regions,etc something like what they use in USA. This way the number of votes per region is weighted depending on these factors,so winning most votes shouldn&rsquo;t be a guarantee that you have won&hellip;These people need to come up with a system such that any child born in the most remote village of this nation can also dream and realistically work towards being president,without being disadvantaged because of tribe / region.



On devolution,I find it intellectual fraud to tell us to support a system for which we do not know the associated cost & other implications,more-so security & corruption. What&rsquo;s so difficult with CoE (supported by other arms of govt such as KRA & MoF) doing a case study in say two counties in every region &ndash; Tabulate estimated cost of sustaining proposed county govt against projected income&hellip;.If it can be demonstrated (with real figures) that each county will have a surplus income after meeting all costs of the county govt,security will improve even after withdrawal of provincial administration & corruption will decrease,I will embrace the devolved system without any further ado.



But remember,the reason why laymen have advocated for Majimbo ever since 1963 is that there has been ill-advised belief that the big tribes have dominated the small ones,so by embracing majimbo,the streetwise understanding by the supporters of the system is that 'they will be able to eat what is theirs alone,without any external interference'. Any one Kenyan who denies this in public or otherwise is not being real. If we introduce Majimbo carelessly without proper analysis and correcting this wrong streetwise mindset,we will be putting so much at stake.



As an Skerian,I acknowledge that I have benefited immensely from the info posted here by others. There4,I promise to assist others in the same way by responding to request for info,as long as am privileged in the subject issue..SK Pledge..
Ali Baba
#60 Posted : Monday, November 23, 2009 3:48:00 PM
Rank: Member

Joined: 8/29/2008
Posts: 573
BAAK,

Unfortunately,the US system proves that the direct vote system/parliamentary system; one gets the same results if there is proportional representation.The popular vote winner has always been the indirect vote winner except in three instances in US history.


Ali Baba
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