New Draft Constitution Out

[yahe]

New Constitution endorses Prime Minister


Web posted on:Wednesday, September 18, 2002

By Eric Ponda
The much-awaited draft Constitution was released early Wednesday in Mombasa with radical changes in future governance.


It recommends the creation of the post of prime minister and establishment of a two chamber house parliamentary system.


The new constitution also recommends the creation of posts of two deputy prime ministers.


The draft constitution released in Mombasa Wednesday morning says the president will appoint the prime minister subject to approval by Parliament.


Most of the executive powers will be exercised by the prime minister, leaving the president to carry out special responsibilities including that of national unity and safeguarding the constitution.


The drafty proposes that the cabinet have a fixed number of 15 members, all of whom, except the prime minister and the deputies coming from outside Parliament.


The 15 members of cabinet will be deputized by only one assistant minister for each ministry, it further says.


This, according to the draft, will ensure that appropriate and qualified persons are appointed to the positions and would free them from constituency responsibilities.


The two chambers of Parliament being proposed will be known as the national Assembly and National Council.


The Assembly will comprise of the 210 members of Parliament plus 90 others to be appointed by various political parties.


The Assembly’s main responsibility will be to protect the arrangement of devolution of power.


The National Council will have one member from every district in the country in addition to 30 others to be nominated by political parties.


In other radical changes, the draft constitution also scraps the current local authorities and proposes creation of provincial, district and village councils whose members will be directly elected by the people.


Constitution of Kenya Review Commission chairman Prof. Yash Pal Ghai told a press briefing that if the current Parliament is dissolved before the National Constitutional Conference is held, then the proposed constitution will have to be postponed until next year.



© 2000 Kenya Broadcasting Corporation

[yahe]

I hope the Village Councils and National councils (Baraza La Wazee) will solve the issue of ethnicities left out in the governance of the nation.

[yahe]

DRAT!
I hope the new constitution helps all ethnicities feel included. Does anyone know the CKRC website??

[Sadik]

@ This is written by a friend of mine.


"The Draft constitution."
===========================

The draft I have read made be proud of the work done by the great Professor of Public Law - Prof. Ghai. I found it refreshing and well-thought over. I shall try to amplify the great points made in it.
1. That Kenya should have regional coouncils - which will be instrumental to the local development. The Local Authority system of local governance borrowed from the imperialism English was constantly abused and misused to develop only parts of the country.

2. That Kenya should have a revolved power sharing in the form of a seat for Prime Minister, and his deputies and a President. To lumb all the executive admintsrational powers on one man was a big mistake we, Kenyans, did. Moi and Kenyatta used that loop-hole to steal and steal. Prof. Ghai in the draft constitution says no more steal.

3. That Ministerial responsiblity should be divorced from the MP. That gives MPs a chance to question the Ministers without any favours, as by then, the Ministers will be 'foreigners' to the house.

4.That the President can be imbeached. That is great - no misused of office. In the old constitution, President could only face a vote of no confidence.

5. That only 15 Ministeries should be formed. No more waste of public money on political appointees with no grey matter.

[McRonado]

P.M
It was good to release that draft,so that people will know about it and make their own decisions.
Position of a prime minister make the president powerless.He will be like a king doing nothing ,during his time.
This leaves people wondering whether time limit of 5 to maximum of 10 year ,was not enough limit for that, to be prime minister to be the next president, instead of having a prime minister.He should be the next election.
That period itself was, limiting the power of the president to maximum of 10 year.He will be out of the government after 5 years,if he does not do,what he was elected to do.
There gonna be a struggle for power between president and his two prime ministers,if that constitution, is adopted.Remember Pagistan .
Then the next power conflict will be between the two prime ministers.Which one of the will be morer powerful.This will bring tribalism.
What will be the use of MPs,if people nomited outside, will take their jobs and be the once depating in paliament on there behalf?Did we just elect them, to nominate people and that was their only job.Then they will be getting salaries, for doing nothing.Why did they, gives their qulifications, if it is only to nominate?We do not need those qulifications to do that.

[yahe]

A good place to air your views:

CKRC website:
http://www.kenyaconstitution.org/enter.htm

[huro]

Geographically Kenya is an accident of history. The Britsih nevr assumed that one day differnt ethnic groups would somehow live with one another as a nation . That I think was the amjor consideration while drafting the constitution. It alows diverse political goupings to run for power. One just needs to look at Kanu and Nak to recognise this theme. Nak is a mixture of people form differnt regions who are able to work for a common goal with incentives such as prime minister , vice president ,etc. Kanu is basically the same. Ghai has done a commendable job in reconising this

[yahe]

copy of the draft:

http://www.nationaudio.com/News/Dail...on_english.pdf

[prince4life]

Good idea, but wont work with the same old leaders using and treating the country like their very own kitchen! Its up to the rest of the kenyan people to be uncompromising towards the support of this draft.

[Chameleon]

I have very serious problems with this new constitution.

-I dont see the point of the president going through the pain of campaigning just to be a ceremonial figure.

Why should the head of the goverment business (Prime minister) be elected by the MPS? ..Wont this be a undemocratic process which might be abused by the MPS?

I think its better if the public elects the Prime minister directly and for the MPs to elect the ceremonial president who should have a limited term life of maybe 7 years.

Maybe after 15 to 20 years when Kenyans become politically mature, the public can have the option of electing the President directly.


-Although I agree that we should disband the Provincial and district level offices I dont know how the creation of regional councils will foster unity in the country.

I think this regional councils might develop an attitude of autonomy and hostility towards the central goverment, thus creating more problems.

It might be a good idea to maintain and empower local authorities like the City, Town, Municipal, and Village councils in planning and development.


-I do support the creation of the upper house, but I think that instead of filling that office with politicians only, the upper house should have the option of including non politicians like retired civil servants, religious leaders and private citizens, this will introduce level playing field for all the parties involved.



Semper Occultus