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

Transcription

1 TABLE OF CONTENTS Preface.. 1. District Context a) Demographic characteristics.. b) Socio-economic Profile.. 2. Constituency Profile.. a) Demographic characteristics.. b) Socio-economic Profile.. c) Electioneering and Political Information. d) 1992 Election Results e) 1997 Election Results f) Main problems. 3. Constitution Making/Review Process a) Constituency Constitutional Forums (CCFs). b) District Coordinators. 4. Civic Education a) Phases covered in Civic Education b) Issues and Areas Covered 5. Constituency Public Hearings a) Logistical Details. b) Attendants Details.. c) Concerns and Recommendations.. Appendices i

2 2 1. DISTRICT CONTEXT Kaiti constituency is one of the constituencies making up Makueni District. Makueni District is one of 13 districts of the Eastern Province of Kenya Demographic Characteristics District Population by Sex Male Female Total 372, , ,545 Total District Population Aged 18 years & Below 225, , ,932 Total District Population Aged Above 18 years 146, , ,613 Population Density (persons/km 2 ) Socio-Economic Profile Makueni District: Is the 6 th most densely populated district in the province; Has a primary school enrolment rate of 85.4%, being ranked 2 nd in the province and 11 th nationally; Has a secondary school enrolment rate of 29.0%, being ranked 3 rd in the province and 16 th nationally; Experiences the following main diseases: Malaria, respiratory tract infections, skin diseases and infections, diarrhoea diseases, and urinary tract infections; Has a life expectancy of 67.2 years, being ranked 4 th of 45 of the nationally ranked districts; Has a 27.5% malnourishment rate of children under 5 years of age, being ranked 30 th of 42 of the nationally ranked districts; Is the country s 2 nd poorest district in the country after Homa Bay with more than 73% of its population among the absolute poor; and Has a majority of its residents as peasant farmers who are quite vulnerable to the weather. Due to this, it is usually a candidate for food relief. Makueni district has 5 constituencies: Mbooni, Kilome, Kaiti, Makueni, and Kibwezi. Each of the 5 district s MPs cover on average an area of 1,593 Km 2 to reach an average 154,309 constituents. Currently, KANU has 4 of the five parliamentary seats. 2. CONSTITUENCY PROFILE 2.1. Socio-Economic profile Kaiti constituency is in an arid and semiarid region and poorly developed. No agricultural activity is possible in the harsh climatic conditions and its residents rely on famine relief Electioneering and Political Information The common election theme is provision of social services, infrastructure and party affiliation. Political leaders who are able to demonstrate commitment to provision of basic services including

3 3 famine relief have a better chance of getting accepted General Election Results 1997 TOTAL REGISTERED VOTERS 34,569 CANDIDATE PARTY VOTES % VALID VOTES Gideon Musyoka Ndambuki KANU 11, Adelina Ndeto Mwau SDP 8, Dave D. M. Muumbi NDP John K. Kavali DP Faustine Kingola Mutisya LPK Total Valid Votes 21, Rejected Votes 830 Total Votes Cast 22,283 % Turnout % Rejected/Cast Main Problems The constituency has poor infrastructure. It has no tarmac roads and facilities like piped water and electricity are not available. The harsh climatic conditions also make agricultural activity difficult. 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

4 4 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. 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

5 5 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 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;

6 6 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. CONSTITUENCY PUBLIC HEARINGS 4.1. Logistical Details Date and Number of Days for Public Hearings a. Date(s) 16 th and 20 th May 2002 b. Total Number of Days: Venue c. Number of Venues: 2 d. Venue(s): Mukuyuni Sec. School Panels e. Commissioners A.I.C Nunguni Building 1. Com. Wanjiku Mukabi Kabira 2. Com. Mohammed Isaack Hassan f. Secretariat 1. Josephine Ndungu - Verbatim Recorder 2. Maimuna - Programme Officer 3. Rosemary Mwanza - Assistant Programme Officer 4.2. Attendance Details Category Details Number Number of People Who Presented 166 Male 119 Sex Female 47 Not Stated 0 Individual 121 Presenter Type Institutions 44 Not Stated 1

7 7 Category Details Number Educational Background Form of Presentation Primary Level 35 Secondary/High School Level 111 College 11 University 6 None 0 Not Stated 3 Other (Adult Education/Vernacular/Madrasa/Informal Education) Memoranda 7 Oral 93 Written 37 Oral + Memoranda 21 Oral + Written 8 Not Stated 0 0

8 CONCERNS AND RECOMMENDATIONS The following are the recommendations made by the presenters in Kaiti 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 The constitution should have a preamble (11) The preamble should clearly state all the tribes of Kenya The preamble should provide for peace, love and equality in the distribution of the national resources The preamble should indicate that the constitution is a social contract which should only be amended after a reasonable consideration in the best interest of the citizen The preamble should state that power belongs to the people and is exercised on their behalf through representative and accountable institutions The common experience that should be included in the preamble The constitution should provide that such common experience like Kenya s heroically fought colonialism should be reflected (4) The constitution should have a preamble providing for peace, love, unity as our national philosophy and historical experiences with names of those who struggled for independence The constitution should have a preamble recognizing the supremacy of the people The constitution should have a preamble recognizing the will of the people as the guiding principle in governance DIRECTIVE PRINCIPLES OF STATE POLICY. The constitution should protect all Kenyans equally The constitution should reflect the policy of patriotism, unity and brotherhood The constitution should provide for statements capturing the national philosophy and guiding principle The constitution should provide that democratic principles should be upheld The constitution should provide that the national philosophy and guiding principle should be captured in the constitution (2) The constitution should include democratic rights such as right of expression, association, ownership of property, life education and food (3) The constitution should provide that values that should be included aer right to life, and the fact that Kenya is not a social state The constitution should provide that these principles should be enforceable by law The constitution should provide that no one should be above the law The constitution should have directive principles stating that the rights of people are supreme

9 CONSTITUTIONAL SUPREMACY. The constitution should provide that a constitutional amendment should only be through a public referendum.(12) The constitutional provision for parliament amend part of the constitution should be raised to 75% majority vote The constitution should provide that parliament should amend the constitution by 85 % majority votes The constitution should provide that parliament should amend the constitution by 90% majority votes (2) The constitution should provide that parliament power to amend any part of the constitution should be limited to minor aspect The constitution should provide that parliament should continue to be the highest law making body in the country The constitution should provide that parliament power to amend the constitution should not be limited (2) The constitution should provide that crucial amendment of the constitution like allocation of the power of the presidency should be left to the people and not the parliament The constitution should provide that The referendum should be conducted by the MP The constitution should provide that constitutional lawyers should conduct the referendum The constitution should emphasize that parliament shall not have the power to amend the constitution. The constitution making process should be entrenched in the constitution The constitution should provide that any amendment to the constitution requires a 80% vote in parliament The constitution should remain supreme over all people The constitution should provide that any amendments to the constitution requires 65% majority vote The constitution should provide for the supremacy of the constitution over customary laws 9

10 CITIZENSHIP. The constitution should retain the current citizenship rules The constitution should provide that a person whose both parents are Kenyan should be accorded automatic rights(6) The constitution should provide the foreigner who promote Kenyans economically should be given citizenship The constitution should provide that Kenya citizenship should be acquired through registration (2) The constitution should provide that a woman married to a Kenyan man should be accorded automatic citizenship The constitution should provide that spouses of Kenyan regardless of gender should be automatic citizen The constitution should provide that children born of a Kenyan parent regardless of gender should be accorded automatic citizenship (7) The constitution should provide that Kenya citizens should be obligated to pay taxes and have a right to be served well in provision of services The constitution should provide that a citizen should have a right to vote and obligation to pay taxes to defend the constitution and obey the law The constitution should provide that every Kenya citizen should be obligated and have a right to vote wherever they may be The constitution should confer citizenship to persons who have resided in Kenya for five years The constitution should provide that all citizens are equal before the law The constitution should provide that rights and obligation of every citizen should not defend on the manner in which citizenship id acquires The constitution should provide that Kenya should be issued with both passport, ID, birth certificate, and drivers license as a proof of citizenship (14) The constitution should provide that persons born in Kenya should acquire automatic citizenship The national identity card should be the document of evidence of citizenship and should be the ID, passport and birth certificate Children born of Kenyan parents regardless of the parent s residence should be entitled to automatic citizenship. The constitution should provide that no person should have 2 ID cards The constitution should provide that ID cards be issued in schools The constitution should provide that foreigners can apply for citizenship The constitution should provide that marriage should not guarantee citizenship The constitution should confer automatic citizenship to all persons born in Kenya and not by registration The constitution should not allow for dual citizenship (5) The constitution should allow for dual citizenship Spouses of Kenyan citizens regardless of gender are entitled to confer citizenship DEFENCE AND NATIONAL SECURITY. The constitution should provide that the commander in chief of the armed forces should not be the president but a senior soldier The constitution should provide that the disciplinary should be established (6) The constitution should provide that there should be a strong disciplinary body to discipline the military force

11 11 The constitution should provid that the court martial should be the mechanisms to discipline the armed forces The constitution should provide that the president should not be commander in chief of the armed forces (5) The constitution should provide that the president should be the commander in chief of the armed forces (5) The constitution should provide that parliament should have the exclusive power to declare war and not the executive The constitution should provide that war should be declared by the national security council and not the executive The constitution should provide that the president should have the power to declare war (3) The constitution should permit use of extra ordinary power by the president during emergencies The constitution should provide that there should be a national security council to pass decision incase of an emergency The constitution should provide that the executive should have the authority to invoke these emergency powers (4) The constitution should provide that all decision made in an emergency situation should be approved by parliament The constitution should provide that the presidential powers to declare a state of emergency should be approved by parliament The constitution should provide for the establishment of a body to discipline the armed forces The constitution should protect Kenyans from armed conflicts The constitution should provide for the amalgamation of the police forces The constitution should provide for paralegal training of police officers The constitution should provide for compulsory military training to all school leavers The constitution should provide that only parliament can declare a state of emergency The constitution should provide for the setting up of police posts in every location The constitution should provide for a professional and well equipped police force The constitution should establish a Kenyan Security Council to oversee declaration of emergency The constitution should put the police training period at three years The constitution should provide for life sentences on contempt-full policemen The constitution should provide for dismissal of corrupt police The constitution should provide for a security body equivalent to the FBI The constitution should protect the public against police harassment The constitution should provide that only a president can declare state of emergency POLITICAL PARTIES. The constitution should provide broad guidelines for the formation, management and conduct of political parties.(3) The constitution should provide that political parties should have a role in development other than political mobilization (6) The constitution should provide that the number of political parties should be unlimited The constitution should provide that the number of political parties should be reduced to 3 (9) The constitution should provide that the number of political parties should be limited to two (6)

12 12 The constitution should provide that political parties should not exceed 9 The constitution should provide that the number of political parties should be limited to 4 The constitution should provide that political parties with a large representation should be funded by the government The constitution should provide that all political parties should be financed by the government The constitution should provide that only parties represented in parliament should be financed by the central government The constitution should provide that political parties should fund themselves (3) The constitution should provide that the government should foot 50% of political parties budget and they fund the rest The constitution should provide that political parties should relate well with the state on issues of development (2) The constitution should provide for multi-partism The constitution should provide for funding of political parties from public funds The constitution should provide political parties should be involved in development projects The constitution should reduce the number of political parties The constitution should limit the number of political parties in the country to 3-4 The constitution should provide that political parties should not use public funds The constitution should limit political parties to two The constitution should limit the number of political parties to 6-9 The constitution should provide that political parties should fund themselves The constitution should not limit the number of political parties The constitution should provide that political parties account for funds received STRUCTURES AND SYSTEMS OF GOVERNMENT. A parliamentary system of government headed by a prime minister should be established. The constitution should retain the presidential system of government (3) The constitution should adopt a parliamentary system of government (6) The constitution should provide that the prime minister should have executive power (11) The constitution should adopt a federal system of government (3) The constitution should provide that the vice president There should be a federal system of government The constitution should provide for ceremonial president (6) The constitution should adopt a unitary system of government (2) The constitution should provide the appointment of the attorney general by the parliament The constitution should provide that the attorney general should not be appointed by the president The constitution should provide that the attorney general should have assistants to delegate his numerous duties Te constitution should provide that the attorney general should be elected by lawyers The constitution should provide that some duties of the AG should be given to other people The constitution should provide that the AG should be appointed by the public service commission The constitution should provide that the AG should be appointed by the law society of Kenya The constitution should provide that the AG should not be appointed by the president Should provide for a prime minister who is answerable to the parliament The constitution should provide for a government with a ceremonial president, an elected

13 13 prime minister who is an MP and head of government THE LEGISLATURE The constitution should provide for the legislature s independence The constitution should provide that parliament should vet the appointment of cabinet The constitution should provide that parliament should vet the appointment of cabinet The constitution should provide that parliament should vet all appointments The constitution should provide that parliament should vet the appointment of ministers The constitution should provide that parliament should vet the appointment of ministers and other senior public officers The constitution should provide that the appointment of Permanent secretaries should be vetted by parliament The constitution should provide that the appointment of chief justice and AG should be vetted by parliament The constitution should provide that ministries should be created by parliament The constitution should provide that parliament should have unlimited power to control its own procedure through standing orders The constitution should provide that parliamentary proceedings should be a daily routine to begin at 8 am to 5 pm from Monday to Friday The constitution should provide that being an Mp should be a full time occupation (10) The constitution should provide that parliamentarian should be between the age of years of age The constitution should provide that presidential candidates should be at least 40 years of age The constitution should provide that parliamentary candidate should be above 21 years and above The constitution should provide that MP and president should not be above the age of 75 years The constitution should provide that president should be between 60 The constitution should provide that an MP should be a O level graduate (3) The constitution should provide that MP should be a university graduate (5) The constitution should provide that MPs should have a good moral standing (8) The constitution should provide that MPs should act on the basis of conscience and conviction or instruction from their constituent and not party The constitution should provide eth at mp should act on the basis of instruction form their constituents (50 The constitution should provide for a parliamentary service commission to determine the salaries of MPs(4) The constitution should provide for a independent commission to determine the salaries of MPs (8) The constitution should provide that president should determine that salaries of MPs The constitution should provide that MP should be paid by their parties The constitution should provide that the electoral commission should provide for the salaries of MPs The constitution should provide that the parliamentary remuneration commission should determine the salaries of MP The constitution should provide parliament to have its own calendar The constitution should empower the legislature to appoint vice president and other senior

14 civil servants The constitution should restrict MPs to hold office for two terms only The constitution should reserve seats for women The constitution should empower parliament to vet the demarcation of constituency and local authority boundaries The constitution should provide for a two chamber parliament The constitution should empower the electorate recall non performing MPs (22) The constitution should provide that parliament should elect the Prime Minister and/or vice president The constitution should explore and address political administration The constitution should confer the powers of appointment to parliament and not presidency The constitution should give parliament the power to veto all presidential appointments The constitution should require MPs to consult with their electorate The constitution should provide for an independent body to regulate MPs salaries The constitution should provide for a senate comprising of provincial representatives The constitution should provide that MPs must be between 21 and 70 years The constitution should provide that MPs are subject to the judicial process The constitution should bar defecting MPs from contesting The constitution should provide that nominated MPs be graduates The constitution should abolish nominations (7) The constitution should retain the concept of nomination (5) The constitution should provide that women participation in parliament should be increased by giving enough opportunity during election and increasing nomination ratio (5) The constitution should provide for rule to govern the conduct of MPs in a multiparty state (2) The constitution should provide for a parliamentary calendar The constitution should provide for a coalition government involving all parties The constitution should provide that MPs must have university degrees, declare their wealth and be answerable to the constitution The constitution should empower parliament to enact laws The constitution should provide that legislation be a fulltime job The constitution should empower citizens to check the government The constitution should make parliament supreme The constitution should provide that if an MP defects his seat should be declared vacant The constitution should adopt a government of national unity The constitution should adopt a coalition government (16) MPs should have o-level education The constitution should provide for a children s parliament The constitution should empower parliament to oversee NSSF The constitution should provide that if an MP defects during his term in office his party should vote for a replacement The constitution should provide that MPs should attend all parliamentary sessions The constitution should provide for a two chamber parliament (2) The constitution should provide for a one chamber parliament (4) The constitution should provide that parliament should have the power to remove the executive through a vote of no confidence by 75 majority (4) The constitution should provide that president should not have power to veto legislation The constitution should provide that the president should have power to withhold assent for sometimes after giving reasons 14

15 15 The constitution should provide that the president should not have power to veto legislation passed in parliament (2) The constitution should provide that legislature should not have the power to override the president veto The constitution should provide that the legislature should have the power to override the presidents veto The constitution should provide that the president should not have the power to dissolve parliament (6) The constitution should provide that parliamentary election should not be staggered The constitution should provide that MP should have offices in their constituencies (4) The constitution should reserve parliamentary seats for special interest groups The constitution should provide that a defecting mp can seek reelection on a new party ticket 3. The constitution should empower parliament to appoint ministers THE EXECUTIVE. The constitution should provide that the president shall hold office for two terms The constitution should provide that the president shall be subject to the law.(15) The constitution should limit the powers of the president (19) The constitution should not limit presidential powers The constitution should provide for the removal of president for misconduct (9) The constitution should provide that the president should b the chairman of parliament The constitution should provide that the president should not be an MP (20) The constitution should provide for the impeachment of the president. The constitution should provide that the president should serve a maximum two five-year terms. (21) The constitution should clearly stipulate the functions of the president (5) The constitution should provide that pr The constitution should provide a minimum qualification of a university degree for a presidential candidate.(8) The constitution should provide that the president should be a mature healthy and educated Kenyan The constitution should provide that the president should have at least a certificates of secondary education The constitution should provide that the president should serve for five years (2) The constitution should provide that the president should also be an elected M.P.(5) The constitution should provide that the president should not be an elected MP and a member of any party. The constitution should provide that the president must have high integrity, be responsible and be 18 years and above The constitution should remove the power to dissolve parliament from the presidency The constitution should retain the provincial administration but abolish the PCs office The constitution should abolish the provincial administration (4) The constitution should provide that chiefs and assistant chiefs should be elected directly by the people (8 The constitution should provide that the chief and their assistant should be transferred like other public officers (4 The constitution should provide that the village elders should be paid by the government (5 The constitution should provide that the duties of the provincial administration should be

16 16 clearly defined (2) The constitution should provide that chiefs should register marriages like births and deaths (2) The constitution should provide that chiefs should be form four leavers and of good character The constitution should provide for the publication in mass media of presidential advisors The constitution should provide for two deputy vice presidents The constitution should provide that a minister facing abuse of office charges resigns The constitution should empower residents to propose the chief The constitution should provide that reshuffles in ministries be done after 5 years The constitution should provide that the president should not be the Commander in Chief The constitution should provide that the president should be the Commander in Chief The constitution should provide that the president should not be the chancellor of Public Universities The constitution should empower the public service commission to appoint ministers The constitution should remove the power to veto from the president The constitution should retain the post of VP The constitution should reduce the powers of chiefs The citizens should be empowered by the constitution to pass a vote of no confidence in the president. The constitution should ensure that the chiefs act is scrapped The constitution should provide for the election of chiefs The constitution should provide for vice presidents to be elected The constitution should provide for separation of powers between executive and other arms of government The constitution should empower the president to appoint chiefs The constitution should that a minister must be qualified in his area of expertise The constitution should provide the president serve for a maximum of two five year terms The constitution should that the president should rule for one, 7 year term The constitution should provide that provincial administration be elected The constitution should provide for provincial administration officers to be from the local area The constitution should provide that the president be between 35 and 60 years The constitution should provide for ministers The constitution should provide that the head of state must declare his wealth The constitution should scrap the provincial administration THE JUDICIARY. The constitution should provide for the independence of the judiciary.(4) The constitution should provide that judicial appointments be vetted by parliament (2) The constitution should provide that the judicial service commission should appoint judicial officers (2) The constitution should that judges should be appointed by parliament (2) The constitution should provide that the chief justice should appoint judges The constitution should provide that judicial officers should have % years experience as advocates The constitution should provide that judicial officers should serve for a period of 10 years and can be reappointed if found effective The constitution should provide that judges should have security of tenure and should retire at the age of 70 years

17 17 The constitution should provide that judicial officers should be guaranteed security of tenure The constitution should provide that kadhis should b nominated by Muslim community before appointment The constitution should provide that judicial powers of the state must be vested exclusively in the court The constitution should provide that all people should have access to court (3) The constitution should provide that suspects should not be held in custody for more than one day without being tried The constitution should provide that every citizen should be entitled to constitutional free legal aid (6) The constitution should provide that there should be provision for judicial review laws by legislature before getting presidential approval The constitution should council of elders should handle customary laws and cultural disputes The constitution should provide that there should be kangaroo courts The constitution should establish supreme court (3) The constitution should establish constitutional courts (3) The constitution should provide for two departments in the A.Gs office- advisory and prosecutorial departments The constitution should put the judiciary officers tenure at 10 years The constitution should provide for interpretation of court proceeding in Kiswahili The constitution should provide for an independent commission to investigate crimes by police and other citizens The constitution should provide for community services instead of imprisonment of petty offenders The constitution should provide that police should prosecute cases promptly The constitution should provide that the Chief Justice be appointed by an independent commission The constitution should provide that administration of justice be more expedient The constitution should provide that judicial officers should not have security of tenure The constitution should provide that the AG be elected by lawyers LOCAL GOVERNMENT. The constitution should provide that all elective positions in the local government, including the position of the mayor and the chair of the Country Council, be filled by direct popular elections. The constitution should provide that mayors and council chairmen should be elected directly (13) The constitution should provide that mayor and council chairmen should serve for 5 years (6) The constitution should provide that council should not continue working under the central government but should be independent (7) The constitution should provide that councilors should have a minimum education of form four (10) The constitution should scrap nomination of councilors (2) The constitution should retain the nomination of councilors The constitution should provide that mayors be university graduates ( The constitution should provide for the independence of local authorities from the ministry and they should be accountable to the electorate The constitution should fix the tenure for councilors to two five- year terms

18 18 The constitution should provide that the requirement of language test when vying for local authority seats should be abolished The constitution should provide that councilors should be at least 18 years The constitution should provide that there should be moral and ethical qualification for local authority seats (4) The constitution should provide that people should have a right to recall their councilors through a by election (6) The constitution should provide that nominated seat should only be for disabled The constitution should provide that councilor remuneration should be determined by the public service commission The constitution should provide that remuneration of councilors should be set by the district board The constitution should provide that salaries and other remuneration should be paid through the ministry of finance The constitution should provide that councilors should be remunerated The constitution should provide more powers to local authorities The constitution should provide that councilors be paid from the consolidated fund The constitution should provide that councilors be paid half of MPs salary The constitution should provide that council should not be dissolved by the president or local government minister The constitution should provide that the president or minister in charge of local government should have the power to dissolve councils if there is mismanagement The constitution should provide that road license should be abolished The constitution should provide that fees fro trading license should be reduced The constitution should provide that local authorities should issue licensed according to the state of business The constitution should provide that structures in urban centers should strictly adhere to the plan The constitution should provide that council should review laws on licensing and taxation THE ELECTORAL SYSTEM AND PROCESS The constitution should provide that in a presidential election, the winning candidate must get at least 50% of the votes cast. The constitution should retain the representative system of government The constitution should provide that secret ballots system of election should be adopted(3) The constitution should provide that simple majority rule as the basis of winning election should be retained (3) The constitution should provide that a minimum of 50% of the cats votes should be needed for a ward, constituency candidate must attain in order to be declared the winner The constitution should provide that candidate who fail to seek nomination in party should be allowed to seek nomination in another party The constitution should provide that defector should not be allowed to be nominated in another parties The constitution should provide that defection between parties should not be allowed (5) The constitution should retain the current geographical system (2) The constitution should provide that the demarcation of constitution should be based on population (3) The constitution should provide a clause to allow for a vote of no confidence by citizen against

19 non-performing mps, councilors and president and order a recall The constitution should provide that voting be done by secret ballot. The constitution should provide that all political aspirants should declare their wealth The constitution should provide for a code of ethics which must be met by all parliamentary and presidential candidates The constitution should provide that the winner in any election must have attained 51% majority of all votes cast The constitution should provide that the winner in a presidential election must attain 25% of votes cast in five provinces (4) The constitution should provide that vote counting be done at the polling station The constitution should provide that the winner in a presidential election must garner 50% votes in every province The constitution should provide that presidential and civic elections be held on separate days (9) The constitution should provide for free and fair elections The constitution should provide that the number of electoral commissioners should remain unchanged The constitution should provide that the winning presidential candidate must have 50% of all votes countrywide and 25% of votes in at least 5 provinces The constitution should provide that nominations be reserved for special interest groups (6) The constitution should provide electoral commissioners with a security of tenure The constitution should provide electoral commissioners be appointed two years after every elections The constitution should provide that the president be elected by majority votes The constitution should provide for independent candidates (3) The constitution should provide that the winning candidate in a presidential election must garner 60% of all votes cast The constitution should provide that all elections be held at the same time The constitution should provide for election dates The constitution should provide the chairman of the electoral commission with powers to dissolve parliament The constitution should protect citizens against elections related harassments The constitution should ensure that constituency boundaries are drawn according to the population of the area The constitution should provide that parliamentary and civic elections be held together The constitution should provide that ballot boxes be transparent.(4) The constitution should provide for the independence of the electoral commission The constitution should provide that a person over 18 years should be allowed to contest The constitution should provide for continuous voter registration (5) The constitution should provide that a person over 16 years should be allowed to vote The constitution should provid that election date should be specified (12) The constitution should provide that presidential election should be elected directly (9) The constitution should provide that commission should be established to review salaries for judicial officers The constitution should provide that votes should be counted at the polling station (17) The constitution should provide that commissioner of the EECK should be well versed in law administration economics and financial matters The constitution should provide that electoral commissioner should be university graduates 19

20 20 The constitution should provide that electoral commissioner should have a minimum of the O level certificate plus other professional qualification The constitution should provide that electoral commissioner should be non partisan and should not be an MP The constitution should provide that electoral commissioner should be appointed by the parliament (6) The constitution should provide that the commissioner of ECK should be appointed by a government board The constitution should provide that electoral commissioner should enjoy security of tenure and should serve for a period of ten years The constitution should provide that electoral commission should be independent The constitution should provide that electoral commissioner should be funded from public funds (2) The constitution should provide that ECK should be funded by the government The constitution should provide that there should be 15 electoral commissioners The constitution should provide that ECK should have 22 commissioners The constitution should provide that those who insult or assaults women aspirant during campaign should be prosecuted The constitution provide that politicians who conduct violent campaign should be prosecuted The constitution should provide that rigging should not be allowed BASIC RIGHTS The constitution should guarantee the protection of the human rights of all Kenyans. Our constitutional provisions are not adequate (4) The constitution should provide for freedom of expression and assembly The constitution should provide the freedom of movement The constitution should guarantee free primary and secondary education. The constitution should provide that death penalty should be abolished (8) The constitution should retain death penalty (2) The constitution should protect security, healthcare, water, education, shelter, food and employment right for all Kenyans (9) The constitution should provide that the responsibility of ensuring that all Kenyans enjoy right should fall on the government (2) The constitution should provide that there should be accessible to medical facilities to every Kenyans without discrimination The constitution should provide for free medical care for all Kenyan (18) The constitution should provide that the government should pay for ¾ of the school fees and parents should pay ¼ The constitution should provide that there should be free education and medical services for all The constitution should guarantee Kenyan security at all times The constitution should provide that all Kenyans should have access to water The constitution should ensure that the people of ukambani have sufficient water The constitution should provide that there should be clean water for al Kenyan The constitution should that there should be free education for all level (3) The constitution should provide that education should be free and compulsory at all levels (4) The constitution should provide for free medical services. The constitution should provide for the right to food