Saturday, May 08, 2010

Proposed constitution: A review

Basically, this document is idiot-proof. Anybody can read this katiba and understand what each article says without needing an expensive lawyer or re-reading it severally.
Parliament:
Set parliament periods. Elections will be held on the 2nd Tuesday of August every 5 years.
Parliamentary Service Commission's composition continues to nag at me. i think its too MP-heavy and renders itself to their undue influence.
The MP recall clause- is in, but its not i.e. parliament has been given permission to come up with a law setting out the requisite criteria and procedure. However, article 105 does allow one to take a petition to high court against your MP basically declaring his seat vacant. And petition will be heard within 6 months.
Executive:
President has to seek parliamentary approval when appointing his/er Cabinet (now known as Cabinet Secrtaries), AG, Secretary to Cabinet, Principal secretaries, ambassadors , Cheif Justice and his/er deputy and ANOTHER.
Has to wait for 7 days after the elections before s/he is actually sworn into office (no more midnight swearing shenanigans)
Cabinet ceiling set at 24. Not sure why there is a floor of 14.
Cabinet secretary can't be an MP.
Cabinet secretary can be dismissed by parliament via majority vote (Kimunya won't have to die and resurrect)
Kadhi courts deal with muslim matters. Imho, they shouldn't be part of the civil service, but having been around for 53 years, it'd sheer hypocrisy to say I'm voting NO because of them. I can wait until the katiba goes through and then wage war proper.
Economy:
Devolved government has made it into the katiba complete with revenue (set at a floor of 15% of GoK revenue) and own senate.
Better control of public finance via a pre-budget statement that will allow parliament committee to consult the public.
An independent CBK-very very important especially for banking supervision and monetary policy.
Other of note:
National police
Amendments can be done via parliament and popular initiative.
Land policy
Dual citizenship

3 comments:

startupkenya said...

And the arguments against the constitution have been exposed as falsehoods http://yes4kenya.org/?p=3

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Frida said...

I would like to share with you a great resource that you can tell
visitors to your website.

It will allow them to read the Proposed New Constitution of Kenya.

http://katiba.mobi allows Kenyans to read the Proposed Constitution of
Kenya on their mobile phones in English and Kiswahili. They can even
search for particular words i.e arrest, family etc

Please distribute to all so we can make an informed decision come the
Referendum.