TABLE OF CONTENTS. Preface.. 1. District Context Demographic characteristics Socio-economic Profile.. 2. Constituency Profile..

Transcription

1 TABLE OF CONTENTS Preface.. 1. District Context 1.1. Demographic characteristics Socio-economic Profile.. 2. Constituency Profile Demographic characteristics Socio-economic Profile Electioneering and Political Information Election Results Election Results 2.6. Main problems. 3. Constitution Making/Review Process 3.1. Constituency Constitutional Forums (CCFs) District Coordinators. 4. Civic Education 4.1. Phases covered in Civic Education 4.2. Issues and Areas Covered 5. Constituency Public Hearings 5.1. Logistical Details Attendants Details Concerns and Recommendations.. Appendices i

2 2 1. DISTRICT CONTEXT Mathira Constituency falls within Nyeri District of Central province Demographic Characteristics District Population Total District Population of 18 years of Age & Below Total District Population of 19 years of Age & Above Male Female Total 322, , , , , , , , ,570 Population Density (persons/km 2 ) Socio-Economic Profile Nyeri district: Has the fourth lowest absolute poverty level in the country (31.05%). Is the third richest district in central province. Is the second most populous district in central province and the seventh most populous district in the country. Has the lowest unemployment rate in central province (5%), ranking ninth countrywide. Has the second highest secondary school enrolment in the country at 46.5%. Has the second largest average constituency size in central province Has six members of parliament who represent about 110,193 people each 2. CONSTITUENCY PROFILE Mathira constituency comprises of Konyu,, Iria-ini, Magutu, Ruguru, Kirimukuyu, and Ngorano Divisions Demographic Characteristics Constituency Population Male Female Total Area Km 2 Density (persons per Km 2 ) 72,614 78, , Socio-Economic Profile The main economic activity in the constituency is agriculture. Tea and Coffee are the main cash crops. The constituency has low absolute and food poverty levels. Indeed, the constituency is the most prosperous in Nyeri district. The constituency enjoys low levels of malnutrition.

3 3 The constituency has a low infant mortality rate. The constituency has the highest primary and secondary school enrolment rate in Nyeri district. The constituency has relatively good roads, health facilities and schools Electioneering and Political Activity Since the reintroduction of a multiparty system in Kenya in 1991, DP has been the most popular party in the constituency. In both the 1992 and the 1997 general elections, the DP parliamentary candidate won the parliamentary seat with an overwhelming majority of votes cast. In 2002, the National Rainbow Coalition took the seat General Election Results 1992 TOTAL REGISTERED VOTERS 61,1 65 Candidate Party Votes Matu Wamae DP 47,256 % OF Vali d Vote s Davidson Kuguru KANU 4, John Kibuchi KNC 1, Benard Ndirangu FORD-A Total Valid Votes 53,839 Rejected Votes 152 Total Votes Cast 53,991 % Voter Turnout % Rejected Votes Cast General Election Results 1997 TOTAL REGISTERED VOTERS 61,394 Candidate Party Votes % of Valid Votes Matu Wamae DP 38, Peter Ngibuini Kuguru KANU 8,

4 4 James Weru Maina LPK Total Valid Votes 46,74 1 Rejected Votes 372 Total Votes Cast % Voter Turnout 47, % Rejected Votes Cast Main Problems Inadequate supply of safe-drinking water. Inadequate electricity power supply. Poor tarmacked road network.

5 5 3. CONSTITUTION MAKING/REVIEW PROCESS 3.1. Constituency Constitutional Forums (CCFs) Philosophy The Constituency Constitutional Forum (CCF) plays a very significant role in the review of the constitution. It is designated as one of the organs through which the review process shall be conducted - (sec. 4(1) of the Constitution of Kenya Review Act, Cap.3A). The importance attached to the CCF arises from the recognition of the need to involve the people fully in the review of the constitution. Only through such participation of the public will the new constitution reflect the preferences, hopes and aspirations of the people. It would also increase people s knowledge of constitutional issues, and facilitate their familiarity with the provisions of the new constitution. Additionally, the process, enhances the legitimacy of the constitution among Kenyans and their sense of ownership over it. In these ways the proper implementation and safeguarding of the constitution will be facilitated Composition and Establishment The 1997 Review Act had provided for district forums to mobilize communities at the local level for the purpose of civic education in preparation for the Commission s work and to perform such other duties as the Commission may assign - (sec. 12A (6). The District Forums were to consist of members elected to represent locations, religious organizations, and the disabled, in addition to MPs and members of every local authority in the district. The Act contained several provisions prescribing minimum qualifications for membership and regulating the operations of the District Forums. The Select Committee of the National Assembly, which reviewed the Act in early 2000, decided to replace the District Forums with Constituency Forums to get views directly from the people in the constituency without necessarily going through the rigours of an election to determine the members of the forum. It thought that this would provide for a more popular form of participation. It recommended on the simplification of the forum to avoid elections. The Select Committee envisaged the constituency forum as and open forum with no specific structures, which should be flexible and easy to manage. Its opinion was that the existing leadership comprising Members of Parliament, councilors, community based organizations, religious groups and individuals should be able to present views and opinions directly from the grassroots ( The Report of the Parliamentary Select Committee Reviewing the Constitution of Kenya Review Act,1997, April 2000). It removed the regulatory powers of the Commission over the forum, its role being confined to the facilitation of the forum. It also changed the function of the forum from the facilitation of civic education to also include facilitation and the collection of the views of the public on proposals to alter the constitution. In view of the limited role of the CKRC in the establishment of the CCF s, the CKRC prepared and gazetted Guidelines for the operationalization of the constituency constitutional forums. The Guidelines stipulated that all the residents of a constituency would constitute the CCF. The CCF is described as one of the organs through which the review process shall be conducted - (sec.4(1)). The CCF was thus one of the principal ways in which the views of the public were to be obtained.

6 In order to coordinate and facilitate the activities of the CCF, a Constituency Constitutional Committee (CCC) was to be established. The Guidelines proposed its membership to consist of 10 persons, of which three would be ex-officio: the local MP, the chair of the County Council in which the constituency is located, and the District Coordinator. The Guidelines stated that the membership would be as broad and representative of the people of the constituency as possible and recommended that at least a third of the committee should be women Functions of CCF Facilitation of collection of the views of the public at the constituency level on proposals to alter the constitution; and Debate and discussion of the views of the members of the public on proposals to alter the constitution. In performance of these functions, the CKRC was required to visit all constituencies (Sec.18 (1)(a)) Functions of CCC The functions of the CCC were mainly facilitative and advisory, the primary aim being to enhance the effective participation in the ownership of the constitution review process by the people at the constituency level; The CCC was also mandated to promote, facilitate and monitor civic education at the constituency level in collaboration with the District Coordinator and civic education providers; Additionally, the CCC had to ensure that the constituency had access to all information relevant to the review process in coordination with District Documentation centers; and Finally, the CCC was also mandated with the task of dissemination of the report of the CKRC. It was to be assisted in this by the District Coordinator, who was also its accounting officer, in relation to funds that were made available to it by CKRC. It is important to emphasize that the Guidelines were advisory, and the local community was free to modify them to suit local circumstances. For example, the size of the CCC could be increased when and if adequate representation and diversity required it Date of Commencement of Work The Constituency Constitutional Forum (CCF) was to run for an initial period commencing November 2001 up to September Accordingly, each Constituency Constitutional Committee (CCC) should have been constituted at the very latest by the end of November The Constituency Constitutional Forum was to be operational by that time District Coordinators Mandate/Terms of Reference Be the local grass root representative; Perform the generalization activities in the district; Be in charge of the documentation center/s in the district, facilitate its/their respective 6

7 7 management, ensuring they are stocked and are easily accessible to the public and also organize their safety and security; Gathering any relevant local information and materials for the purpose of constitution making; Facilitate the identification, classification and organization of the physical and electronic retrieval and dissemination of information and materials for constitution making; Supply such information needed by local constituency forums and committees; Liaise with other documentation centers nearby and others for information; In collaboration with constituency committees, identify and arrange venues for public hearing whenever the CKRC visits the constituencies in their area; Facilitate regular meetings of the constituency committees and involve local people as much as possible in discussing constitutional issues; Source and identify other key personnel that the CKRC may wish to consult or engage in its work; Identify and arrange for simultaneous local translations, sign language users, procurement and hiring of public address systems, transport and communication facilities for CKRC s meetings in the district; Monitor the implementation of civic education by civic education providers in the district; Facilitate the formation of constituency committees with guidance and assistance of CKRC; and Perform any other tasks as directed by CKRC Criteria for Appointment Diversity in the composition, taking into account ethnicity, age, religion and professional or occupational background; and Appointees had at least attained Kenya Certificate of Secondary Education or its equivalent. 4. CIVIC EDUCATION Civic education in the constituency was carried out between 25 th January 2002 and 18 Th March Phases and issues covered in Civic Education Phase 1 - This stage preceded the collection of views. It dealt with information, knowledge, skills and virtues, which enabled Kenyans to make informed choice and present their views to CKRC Issues and Areas covered Nation hood Democratization Governance Constitutionalism Land Rights 5. CONSTITUENCY PUBLIC HEARINGS 5.1. Logistical Details

8 8 1. Date and Number of Days for Public Hearings a) Date(s): 23 rd and 24 th April 2002 b) Total Number of Days: 2 2. Venue a) Number of Venues: 2 b) Venue(s): 1. Town Hall 2. Kiamariga Primary School 3. Panels a) Commissioners 1. Com. Bishop Bernard Njoroge. 2. Com. Ibrahim Lethome. 3. Com. Keriako Tobiko. b) Secretariat 5.2. Attendance Details 1. Samuel Wanjohi -Programme Officer. 2. Josephine Ndungu -Verbatim Recorder. 3. Leah Omondi - Sign Language Interpreter Mathira Constituency had one of the highest numbers of presenters and participants in the country. A total of 399 participants made presentations at Kiamariga Primary school and Town Hall. Hall had the highest tunout Concerns and Recommendations The following are the recommendations made by the presenters in Mathira Constituency. The recommendations were collated around 43 areas of concern, from the Preamble to National integrity/identity. Only areas where recommendations were made in the constituency are covered. The numbers in parentheses represent the number of times the recommendation (bulleted) was made, either orally or through written memoranda. Each count on a specific recommendation was picked from an individual, a group or an organization. Where a presenter made different recommendations on the same area of concern, each recommendation was counted separately. Where no number appears in parentheses, the recommendation was made only once PREAMBLE There is a need for a preamble. (34) The preamble should state that the constitution of Kenya is by the people and for the people. (7) The Kenyan constitution needs a preamble, which should clearly state the vision, hopes and aspirations of the people of Kenya.

9 9 The preamble should express the Sovereignty of all Kenyans. (2) The preamble should state that Kenya is composed of peoples of diverse cultures but united in common history and vision. The preamble should express that Kenya is a country that aspires to conduct her relations with other countries in a peaceful manner. The preamble should acknowledge the supremacy of God. (4) The preamble should express the sanctity of the rule of law. The preamble should acknowledge Kenya s successful struggle for political independence. The preamble should state that Kenya should always be a multi-party democracy. The constitution should reflect Kenyans struggle for independence. (8) DIRECTIVE PRINCIPLES OF STATE POLICY. The constitution should provide that the law should apply in a non-discriminatory manner to all Kenyans. The constitution should provide that the relationships of the Legislature, the Judiciary and the Executive should be based on the principle of separation of powers. Kenyans diverse and rich cultures should be incorporated in the national philosophies. Directive principles of state policy such as peace, love and unity should be enhanced in the constitution. (4) The constitution should have statement capturing guiding principles state policy. (3) The national philosophy and guiding principles should be gender equality and protection of rights. The constitution should include the democratic principle that power belongs to the people and elected representatives exercise it on their behalf. (2) The democratic principle should be that, Kenya should be an indivisible, secular, multi-party democratic and all its citizens should be equal before the law. The principles of state policy should indicate that Kenyans are committed to the democratic values of equality and the rule of law. (2) The principles captured in the constitution should be enforceable by law. (4) The constitution should give parliament power to declare a state of emergency CONSTITUTIONAL SUPREMACY. The constitution should provide for its supremacy over all other laws in the country. The constitution should provide that there should be a review of the constitution every 20 years. The constitution should provide that a constitutional amendment should be through a public referendum. (33) Constitution should be amended without a public being subjected to a public referendum. The constitution should provide that parliament should have no power to amend the constitution. (2) The constitution should give parliament power to amend the constitution. The constitution should limit the parliaments power to amend the constitution. (3) Some parts of the constitution should be beyond the amending powers of parliament. (2) No parts of parliament should be beyond the amending powers of parliament. The constitution should replace the 65% majority vote required to amend the constitution. (6) The constitution should retain the 65% majority vote required to amend the constitution. (3)

10 10 The constitution should provide that any amendment to the constitution should require a minimum 85% vote in parliament. (2) The constitution should provide that any amendment to the constitution should require a minimum 75% vote in parliament. (5) The constitution should provide that an amendment to the constitution shall require a minimum 80% vote in parliament (2) A parliamentary committee should conduct the public referendums. The electoral commission should conduct the public referendums. (2) A constitutional commission should conduct the public referendums. (3) Public referendums should be conducted parliament and other stakeholders. (2) Referendums should be conducted by NGOs, religious organizations CITIZENSHIP. The constitution should confer automatic citizenship to any person born in Kenyan whose both parents are Kenyans. (4) The constitution should confer automatic citizenship to any person born in Kenyan. (8) The constitution should confer automatic citizenship to anybody born outside the country to parents who are Kenyan citizens. (7) Any person born in Kenya and can be identified by any of the 42 tribes of Kenya. Anyone born in Kenya on or after 11-dec-1963 should be an automatic citizen. The constitution should provide for dual citizenship. (11) The constitution should not provide for dual citizenship. (5) The constitution should confer automatic citizenship to all persons legally married to a Kenyan citizen irrespective of gender. (15) Citizenship can be acquired through registration and naturalization. The constitution should provide that a non-kenyan child adopted by a Kenyan citizen should automatically qualify for Kenyan citizenship. The rights and obligation of citizens should not depend on the manner in which citizenship is acquired. The age for attaining an identity card should be changed from 18 to 15 years. Citizens should carry identity cards as a proof of citizenship. (7) Citizens should be required to posses a national identity card, voters card and a passport as a proof of citizenship at the age of 15 years. Citizens should be required to posses a national identity card, voters card and driving license. The constitution should not allow refugees into the country DEFENCE AND NATIONAL SECURITY. The constitution should provide for the establishment of disciplined forces. (11) The constitution should provide parliament with the power to declare war. (7) The constitution should give executive exclusive powers to declare war. The constitution should abolish court martial. The constitution should provide that the president should be the Commander in Chief of the armed forces. (13) The constitution should permit use of extra ordinary powers in emergency situations such as war, national disaster or breakdown of public order. (6) Parliament should have power to invoke emergency powers. (8)

11 11 The constitution should provide that the president should not be the Commander in chief of the armed forces. (21) The constitution should provide that the president should not have power over national security and defense. Decisions on national security and defense should be made by Parliament. The constitution should provide that members of the armed forces should apart from their regular duties be required to engage in the provision of social services and construction of public infrastructure. The constitution should provide that police officers should be trained to respect human rights. The constitution should require all the youth to undergo paramilitary training. Police officers should be free of political influences. Martial courts should discipline the armed forces and officers should be given legal representations. (2) Armed forces should be disciplined by a special courts established in the constitution for them. (2) General control and discipline of the armed forces should be responsibility of the minister in charge of defense POLITICAL PARTIES. The constitution should provide broad guidelines for the formation, composition management and funding of political parties. (3) The constitution should not regulate the formation and management. All political parties should have at least 50,000 members. All political parties should have at least 10,000 members from at least 5 provinces, political ideology not to be based on religion. A political party is limited through membership such that each party should have 25 % registered voters. A political party with less than a quarter of all registered voters should be registered. Political parties should also take part in development projects. (4) The constitution should ensure that all political parties have a president and a VP at any given time. The constitution should limit the number of political parties to two only. (4) The president should be above party politics. (9) There should exist unity and respect between the state and the political parties. (2) The constitution should limit the number of political parties to three only. (18) The constitution should limit the number of political parties to four only. (2) The constitution should limit the number of political parties to five only. The constitution should not limit the number of political parties. The constitution should provide that political parties should be funded by the state. (23) The constitution should limit the number of political parties in the country to 3 or 4. (2) The stronger than party the more the funds it gets. For a party to be registered, they should have a national outlook and with at least 10 elected MP s. (2) The government should not finance independent candidates. The ruling party should receive more funding than the opposition candidates. Political parties should be funded in accordance to their strength in parliament. (2)

12 12 The state should be imperial in dealing with political parties Political parties and state matters should be separated to avoid conflict of parties and state interests STRUCTURES AND SYSTEMS OF GOVERNMENT. The constitution should retain the presidential system of government. (3) The constitution should abolish the presidential system of government. The constitution should provide for the independence of the office of the Attorney General. The constitution should provide that the Attorney General should neither be a member of parliament nor a member of the cabinet. The constitution should provide that the vice president should be elected by popular vote. (9) The VP should not be an MP. (2) The constitution should provide that the vice president should be the running mate of the president. (3) The constitution should provide for a system of government with a ceremonial president and a prime minister. The president shall be the head of state and the prime minister shall be the head of government. (15) The constitution should provide for a parliamentary system of government with a prime minister as the head of government. (38) The constitution should provide for a system of government with a Prime Minister, Deputy Prime Minister and two vice presidents. The constitution should provide for a parliamentary system of government with a prime minister as the head of government. The party shall nominate the prime minister with majority seats in parliament. (7) The constitution should provide for a system, which divides the country into provinces with equal populations. The constitution should adopt a federal system of government. (7) The constitution should not adopt a federal system of government. (5) The constitution should provide for a federal system with three federal regions. The constitution should retain a unitary system of government. (5) The constitution should abolish a unitary system of government (2) The constitution should adopt a hybrid system of government. (4) The constitution should not adopt a hybrid system of government. The constitution should devolve power to local authorities not provincial administration. (2) The constitution should limit the powers of the AG. (2) AG should be appointed by parliament. (4) The AG office should be independent. (4) The people should elect the Attorney General. Office of the AG should be under the judicial system. The constitution should provide that the runner up in a presidential election should be appointed the vice president THE LEGISLATURE The constitution should provide for a uni-cameral parliament. (6) The constitution should provide for a two-chamber parliament. (22) The constitution should provide for a coalition government. (23)

13 The constitution should give Parliament power to vet all constitutional appointments. The constitution should vest the Parliamentary Service Commission with the power to prorogue or dissolve parliament. The constitution should give Parliament power to impeach the president. (16) The constitution should give parliament power to vet the appointments of the Attorney General, the Chief Justice, and the Head of the Civil Service and cabinet ministers. (43) The constitution should give parliament power to appoint chancellors of public universities. The constitution should give parliament power to approve all government expenditure. The constitution should provide for proportional representation in parliament. The constitution should provide that an MP must have a minimum of secondary education qualification. (15) The constitution should provide that an MP must have a degree. (7) An MP should have a master degree. The constitution should provide that all nominated MPs should be representatives of professional and special interest groups. (22) The constitution should not provide for nominated MPs. (5) The constitution should provide that MPs should serve a maximum 3 three-year terms. The constitution should provide that MPs should serve a maximum of two five-year terms. (12) The constitution should provide that an MP could serve for unlimited terms. (2) MPs should act on basis of instructions from their constituents (7) MPs should act on basis of their conscience and conviction. The constitution should state that Parliamentary Service Commission should be appointed to look into the remuneration of MPs. (3) An independent commission should determine salaries and benefits of MPs. (16) Public Service Commission should determine salaries and benefits of MPs. Judicial Service Commission should determine salaries and benefits of MPs. The constitution should reduce the current remuneration of MPs. The constitution should give Parliament power to control its own calendar. (31) The constitution should abolish recesses during a parliamentary term. The constitution should give voters the right to recall non-performing MPs by way of petition, referendum or collection of a required number of signatures from the MPs constituency. (30) The constitution should provide that MPs should have offices in parliament and at their constituencies. (5) MPs should be compiled by the new constitution to spend half of their time consulting with their constituents. MPs should meet with his /her electorate at least thrice a month. Being an MP should be full time job. (19) Being an MP should be part time job. (3) The constitution should state that presidential candidate must be between years. The constitution should state that presidential candidate must be between years. The constitution should state that presidential candidate must be between years. The constitution should state that presidential candidate must be between years. The constitution should state that presidential candidate must be between years. The constitution should state that presidential candidate must be between years. (4) The constitution should state that presidential candidate must be between years. The constitution should state that presidential candidate must be between years. The constitution should state that presidential candidate must be between years. The constitution should state that presidential candidate must be between years. 13

14 14 The constitution should state that presidential candidate must be between years. The constitution should state that presidential candidate must be between years. (9) The constitution should state that presidential candidate must be between years. (2) The constitution should state that presidential candidate must be between years. The constitution should state that presidential candidate must be between years. The constitution should state that presidential candidate should not be above 70 years. (3) The constitution should state that presidential candidate should not be above 65 years. (2) The constitution should state that presidential candidate should be 40 years and above. Age requirement for parliamentary seats should be 21 years and above. (4) Age requirement for parliamentary seats should be years old. Parliamentary candidates should be at least 35 years old. (2) Presidential candidates should be at least 35 years old. Presidential candidates should be at least 45 years old and above. Presidential candidates should be at least 40 years old and above. Presidential age limit should be 65 years. Parliamentary candidates should be years. MPs should be fluent in both English and Kiswahili. (3) MPs should be fluent in English, Kiswahili and vernacular. Language tests not required in selecting an MP. (2) Language proficiency tests should be necessary for MPs. The constitution should introduce moral and ethical qualifications for parliamentary. (17) The constitution should ensure that there thirty women in parliament. The constitution should ensure that 1/3 of MPs are women. (2) The constitution should continue with multiparty system in the legislature only. (5) The constitution should change to multiparty system in both the legislature and executive. (7) The president should have power to veto legislation passed by parliament. (7) The president should not have power to veto legislation passed by parliament. (4) Legislature should have the power to override the president s veto. (4) The constitution should remove the president s powers of dissolving parliament. (25) The constitution should retain the president s powers of dissolving parliament. (4) The constitution should stagger elections, always ensure that there are 30 sitting MPs THE EXECUTIVE. The constitution should provide that the president should be the Head of state. The constitution should provide that the president should be subject to the law. (53) The constitution should limit the powers of the president. (61) The constitution should abolish the powers of the president to appoint key constitutional positions. (28) The constitution should provide that the president should serve a maximum of three five-year terms. The constitution should provide that the president should serve a maximum two five-year terms. (51) The constitution should provide that the president should serve a maximum two four-year terms. (4) The constitution should provide that the president should serve a single five-year term. The constitution should define the function of the president to be only ceremonial and

15 15 should include receiving credentials of high commissioner, ambassadors, dignitaries, other heads of states, guard of honour and in charge of state visits, issuing directives and policy statement from state house. The constitution should define the function of the president; he should appoint ministers. (6) The constitution should define the function of the president; he should appoint the VP. The president should not be the chancellor of public universities. (8) The constitution should define the function of the president. (3) The constitution should provide that the president should serve a three five-year terms. The constitution should provide that the president should serve a maximum four years. The constitution should provide a minimum qualification of a university degree for a presidential candidate. (28) The constitution should provide a minimum qualification of a master s degree for a presidential candidate. (3) The constitution should provide that a presidential candidate should be a Kenyan citizen by birth. (5) The constitution should provide that the president should not be an elected MP. (19) The constitution should provide that a president should be an MP. (9) The constitution should provide that the president is impeachable by parliament. (15) The president should not be removed from his/her office till the term expires. The constitution should provide that a presidential candidate has a stable family. (15) The constitution should provide that a presidential candidate is of a good conduct and healthy. (25) The constitution should provide mechanisms for checking expenditure of public resources by the chief executive. The constitution should provide that there should be a maximum of 12 government ministries. The constitution should state that the number of ministries be reduced. (3) The constitution should provide that there should be a maximum of 10 government ministries. There should be only one minister in the office of the president. The constitution should provide that there should be a maximum of 15 government ministries each with only one minister. The constitution should provide that there is only one minister and one assistant minister in a given ministry. The constitution should provide that there are no more than two assistant ministers in a given ministry. (2) The constitution should provide that parliament decides on the number of ministries. (2) The constitution should provide that appointments to the cabinet and other constitutional positions shall be made by parliament and the holders shall enjoy security of tenure.

16 16 The constitution should provide that the president should make appointments to diplomatic service. The constitution should provide that the provincial administration shall be dissolved and its role taken over by regional governments. (11) The constitution should provide that the people should elect Chiefs and assistant chiefs. (13) The constitution should abolish provincial administration. (26) The constitution should prescribe a minimum education qualification for a Chief. The constitution should provide for the people to elect provincial administrators. (3) The constitution should retain provincial administration. (10) The constitution should provide the posts of PCs and assistant chiefs are scrapped THE JUDICIARY. The constitution should provide for the independence of the judiciary. (27) The current judiciary structure is not adequate. (3) The constitution should scrap the land tribunal courts. The high court and courts of appeal should exercise jurisdiction on criminal and civil matters. The court of appeal should have only appellate jurisdiction not original jurisdiction. The constitution should establish an Electoral court. The constitution should establish a corruption court to handle matters related to corruption. The constitution should provide for a supreme court. (14) The constitution should provide for a constitutional court. (13) The constitution should not provide for a constitutional court. The constitution should provide for a security of tenure for judges of the High Court. The constitution should provide that a specially constituted parliamentary committee should appoint the Chief Justice and judges of the High Court. The constitution should provide that the Judicial Service Commission should appoint the Chief Kadhi. The judicial service commission should elect Kadhis. (6) A Judicial Service Commission should elect judicial officers. (15) Parliament should appoint judicial officers. (11) An independent body should appoint judicial officers. (4) The Kenya Law Society should appoint judicial officers. (2) The Attorney General should appoint judicial officers. The president should appoint judicial officers. The local government should appoint judicial officers. The constitution should abolish devil worship. The Chief Justice should be appointed by parliament The people should elect the Chief Justice. The constitution should ensure that judicial officers are highly qualified professionals and are very honest. The constitution should provide that minimum educational qualification for judicial officers should be a degree in law. (3) The chief Justice should not be above 70 years old. Judges should have 10 years of legal practice or teaching, impeccable character, moral integrity and professional standings and ability. Judicial officers should be holders of law degree and must have attended Kenya School of Law for not less than one year and must have worked in the Attorney General chambers.

17 17 Judicial officers should have an O-Level education. A judge must be an advocate for 15 years for appointment as puisne judge, 20 years for judge of appeal and 5 years as judge to be appointed as a Chief Justice. Judicial officers should serve for 25 years. Judicial officers should retire at 70 years old. (9) Puisne judges should not be appointed on contractual terms but with a security of tenure. (2) Judges should retire at 65 years old. Strict measures to be taken to judges, magistrates and other court officials who engage in corrupt deals. A commission be established to discipline judges on wrongs done The constitution should enforce judicial service regulations. A judge may be removed from office for misconduct or incomplete. (2) Law Society of Kenya should have a special court to deal with errant lawyers. The judicial commission should discipline judicial officers. The constitution should restrict Kadhis to judicial work only. The constitution should not restrict Kadhis to judicial work only. (2) The chief Kadhi should have a similar qualification as a magistrate. (6) A chief Kadhi should have a degree in Islamic law. Kadhis courts should handle other matters related to Islamic law. (3) Kadhi s court should have appellate jurisdiction. (4) The constitution should provide that state judicial powers should be vested exclusively in courts. (2) State judicial powers should also be invested on Christian authorities. (2) Tribunals should also be able to exercise judicial powers. There should be speedy trials of cases to enhance the citizens access to courts. (7) The constitution should make process cheaper to ensure that all people have excess to courts. (3) There should be a constitutional right to legal aid to the poor. (10) There should be a constitutional right to legal aid to all Kenyan citizens. (7) There should be a constitutional right to legal aid in all cases that will attract a death sentence. The constitution should provide for a provision for judicial review of laws made by legislature. (9) The constitution should provide that a council of village elders settles land disputes. (5) LOCAL GOVERNMENT. The constitution should provide for the independence of local authorities. The constitution should provide that mayors and council chairmen should be elected directly by the people. (35) The constitution should provide that Mayors and council chairmen should serve for 2 five year terms. (5) The constitution should provide that Mayors and council chairmen should serve for five-year term. (12) The constitution should provide that Mayors and council chairmen should serve for 2 four year terms. (2) The constitution should provide that Mayors and council chairmen should serve for 2 two

18 18 year terms. The constitution should provide that Mayors and council chairmen should serve for three year term. The current two-year term for mayors and council chairmen is adequate. (9) The constitution should provide that a councilor should not be above 70 years of age. The constitution should provide that a councilor should be years of age. The constitution should provide that a councilor should be years of age. The constitution should provide that a councilor should be years of age. The constitution should provide that a councilor should not be above 30 years of age. The constitution should provide that a councilor should be at least 25 years of age. Councils should not work under central government. (17) Councils should work under central government. (2) Central government s power over local government should be limited. (2) There should be fiscal devolution to local authorities - civic bodies should retain 70% of taxes collected at the local authority level. Councilors should have at least attained a form four certificate. (19) Councilors should have at least attained a diploma certificate. (2) Councilors should have at least attained a university degree. (2) A mayor must be a graduate from a recognized university. (2) Language test requirement for councilors is sufficient. (2) Language test requirement for councilors is not sufficient. (3) Councilors must be able to speak and write English and Kiswahili fluently. (2) The constitution should introduce moral and ethical qualifications for local authority seats. (15) A councilor must have a stable family. (2) Electorates should have the right to recall their councilors. (15) Electorates should not have the right to recall their councilors. The remuneration of councilors should be determined by parliament. (4) A remuneration authority should determine the remuneration of councilors. The constitution should retain the concept of nominated councilors. But should be from special groups. (6) The constitution should remove the concept of nominated councilors. (4) Councilors in multiparty state should observe party constitution, local government act and council standing orders. Rules should be set to govern the conduct of councilors in a multiparty state, this rules should be laid down by parliament. The president or the minister of local government should not have the power to dissolve councils. (8) The president or the minister of local government should have the power to dissolve councils THE ELECTORAL SYSTEM AND PROCESS The constitution should retain representative election system. (9) The constitution should adopt an electoral system that combines first past, the post system and proportional representation. The constitution should retain the simple majority rule as basis of winning. (14) The constitution should not retain the simple majority rule as basis of winning. (4) The president should be elected by an absolute majority of all votes cast, if such absolute is

19 not obtained on the 1st ballot, a second ballot should take place between the two top candidates within 14 days. All candidates who are vying for elective posts should only be given an equal level ground irrespective of their gender, no special electoral process should be designed to increase women participation in parliament. (4) The electoral process should increase women participation by setting a side 1/3 of the seats for them in the parliament. The government should protect female candidates from harassment during elections. The constitution should provide that in a presidential election, the winning candidate must get at least 52% of the total votes cast. The constitution should provide that in a presidential election, the winning candidate must get at least 60% of the total votes cast. The constitution should provide that in a presidential election, the winning candidate must get at least 70% of the total votes cast. The constitution should provide that in a presidential election, the winning candidate must get at least 75% of the total votes cast. (2) The constitution should provide that in a presidential election, the winning candidate must get at least 45% of the total votes cast. The constitution should provide that in a presidential election, the winning candidate must get at least 51% of the total votes cast. (22) The constitution should provide that in a presidential election, the winning candidate must get at least 50% of the total votes cast. (28) The constitution should abolish the requirement that a winning president shall get 25% of the total votes cast in at least 5 provinces. (12) The constitution should retain the 25% representation requirement in at least 5 provinces. (9) The constitution should provide that the election of the president and vice president should be carried out after parliamentary and local government elections. The constitution should provide that the creation of parliamentary constituencies must strictly be based on population density. (31) The constitution should retain the current geographical constituency system. (4) The constitution should not retain the current geographical constituency system. (5) Demarcation of constituencies and wards should be done by parliament. (2) The constitution should provide for Independent candidates for local government, parliamentary and presidential elections. (13) The constitution should specify the date of general elections. (21) The constitution should not specify the date of general elections. The constitution should limit election expenditure of candidates. (8) The constitution should provide that provincial administration officials should not be supervising elections. The constitution should provide that votes be counted at the polling station. The constitution should hold Presidential, Parliamentary and civic elections at separate times. (27) Hold presidential, parliamentary and civic elections at different times. (3) The constitution should provide for continuous registration of voters. (3) The constitution should provide that every Kenyan of 15 years and above should be entitled to vote. The constitution should provide that every Kenyan of 14 years and above should be entitled to vote. 19

20 The constitution should provide that there should be no age limit for eligibility of voting in general elections. The constitution should provide that voting should be by secret ballot. (3) The constitution should provide that ballot boxes should be transparent. (10) The constitution should provide for the autonomy of the Electoral Commission. (2) The constitution should provide that Electoral Commissioners should be appointed by parliament. (18) The constitution should provide that an independent body should appoint Electoral Commissioners. (2) The constitution should provide that political parties should appoint Electoral Commissioners. (2) The electoral commissioners should be persons of high integrity. (3) Electoral commissioners should be constitutional lawyers. (2) Electoral commissioners should have at least a degree. (2) Electoral commissioners should be non-partisan. The constitution should provide that members of the Electoral Commission should have a minimum education qualification of a university degree. The constitution should provide that members of the Electoral Commission should have a legal qualification. The constitution should provide that Electoral commissioners shall retire at 65 years. The constitution should provide that members of the Electoral Commission should enjoy security of tenure. (6) Electoral commissioners should serve for 5 years. (3) Electoral commissioners should serve for 10 years. (2) Electoral commissioners should serve for 11 years. The constitution should provide for clear criteria for the creation of parliamentary constituencies. The constitution should provide for voting by proxy. The constitution should provide that an election should not be conducted on a recognized day of worship. The constitution should ensure free and fair elections. A candidate who fails to be nominated by one party can seek nomination from another party. A candidate who fails to be nominated by one party cannot seek nomination from another party. (9) A candidate who defects from one party to another should stay for 5 years before vying again. (6) Defections from one party to another should not warrant a by-election. Defections should only be during the general elections. (5) Defecting MPs should pay for the cost of the by-elections. (2) If an MP defects, a by-election should be held. (8) If a party crosses the floor to join another party, it should be deregistered. There should be reserved seats for specific interest groups e.g. the disabled, youth, women, religious organizations, farmers, proffesional groups, and minority groups. (13) There is no need of reserving parliamentary seats for special interest groups. (2) The constitution should state the presidential election should be conducted directly. (22) The 2002 elections should be conducted under the new constitution. The 2002 elections should be supervised by the United Nations. For the 2002 elections, all political parties should be provided with equal security during the 20

21 campaigns. (2) Electoral commissioners should be 9 only. (3) Electoral commission should have 22 commissioners. (2) Electoral commission should have 30 commissioners. Electoral commission should have 17 commissioners. The electoral commissioners should retire as follows; 4 members one year after general election on their appointment and 5 members after every subsequent general election. Commissioners should retire on a rotational basis- the first 3 after 3 years (and they are eligible for reappointment for another term) and others including the chairman to retire on the 9th year (should not be eligible for reappointment). (2) Electoral commissioners should retire 138 months after the general elections. Electoral commissioners should be removed from office due to misconduct by parliament. (4) The government should fund electoral commission. (5) Counting of votes should be done at polling stations. (23) 21