Dear Young Kenyans
While there has been an attempt to have provisions in the draft constitution, recognizing that many of the recommendations as presented by the youth have been taken care of, there still lacks important aspects to enact the meaningful participation of young people who make up over 70% of the total population.
The following recommendations are an attempt to promoting a discussion to ensure the youth are an integral part of the provisions as provided for the in the draft constitution.
In general this draft is the best Kenya has ever had and the National Youth Convention is calling on its constituent members and young people of Kenya in general to support this draft and come out in large numbers to make recommendations for amendments and finally participate in civic education for communities so that Kenya can attain a new constitution.
The recommendations below are for debate and discussion purposes. A final position shall be reached at after the finalization of the youth consultative meetings schedule for 24 locations in all the eight provinces;
The Agenda of Young People in the Constitution
There is a good attempt to include a preamble in the draft however;
The need to recognize, protect and promote our national symbols.
No 10: State and Religion
If the state and religion are separate then there should be no mention of religious institutions in the constitution.
National Values, Principles and Goals should be defined for ease of understanding. They are long statements. This are the things the citizens need to memorize and keep at their minds all the time. The more simple they are the easier it will be to remember them.
THE BILL OF RIGHTS
No. 40: YOUTH
1. There is need to include A CLEAR definition of youth from 18 to 35 years.
2. The state shall take legislative and other measures, including but not limited to affirmative action policies and programmes to –
a) Promote the welfare of youth;
b) Ensure representative political participation by youth;
c) Protect the youth from cultural practices that undermine their dignity and quality of life;
d) Establish an independent National Youth Council or Commission to oversee the activities of youth and youth serving organizations for the good welfare of the development of youth;
e) Promote their intellectual abilities by providing the necessary frameworks for career growth
f) Create new opportunities and jobs for the youth
No. 60 Labour Relations
An introduction and definition for minimum wage for all employers to conform to.
Introduce the rights to protection of intellectual property of the youth innovation and creativity.
Part 3 – Human Rights and Gender Commission
A youth representative to the membership of this commission.
The Youth representative shall have professional knowledge and experience of and special responsibility for matters relating to youth
Part 2 – Composition and membership of Parliament
Membership of the senate
To consist of 2 Youth representatives and not clumped in persons with disabilities. The 2 representative shall be a young lady and a young man.
Where women are given the right of affirmative action so should the youth.
Membership of the National Assembly
There should be a provision to consist of
- youth elected one each by the constituencies,
- Youth elected one each by the counties
- Seven Members who shall be youth , no more than four of whom shall be the same gender;
Qualification and disqualifications for elections as a member
(2) Include a A person is disqualified from being elected a member of parliament if that person –
(g) Has been recalled by 50% of the constituents as will be provided for in the recall clause to be legislated by the constitution.
Right to recall
The constitution should make direct provisions on the recall and not abdicate this responsibility to members of parliament. Members of parliament will not legislate how to be recalled. The constitution should set the basic minimums in the recall clause.
Remuneration of Members
Introduce a Clause on the Remuneration of Members of Parliament to be determined by the Salaries and remuneration commission that shall harmonize the salaries with those of other civil servants.
Part 5 – Miscellaneous
Parliamentary Service Commission
(d) A provision should be made for two members to represent the interest of youth as defined by age
Remuneration and benefits of state President and Deputy State President to be determined by the salaries and remuneration commission and harmonized with those of other civil servants. So is the Prime Minister and Deputy Prime Minister.
Cabinet and Deputy Ministers
Not fewer than fifteen and not more than twenty.
Half of which shall not be MPs and whose composition MUST comprise of qualified Youth in the relevant Ministries responsible for youth affairs.
The Deputy Ministers should be given a semblance of responsibilities as shall be provided for by the public service commission to make them effective.
Part 5 - Budgets
The Constitution should make a provision to guarantee that of the National Budget, 60% shall be Development and 40% for Recurrent expenditure respectively at all levels of government including devolved governments.
Part 7 – Institutions
Salaries and Remuneration Commission
The commission should consist of the persons listed as well as
- One person designated by the National Youth Council/Commission
Economic and Social Council
Among the nine persons
One member shall be designated by the National Youth Council/Commission
The Constitution should determine the membership so that the President does not appoint his cronies as members. While this membership should be vetted by the Parliament.
THE PUBLIC SERVICE
The Constitution shall establish an independent National Youth Council/Commission to manage and control youth development and matters relating to regulation and financing of youth and youth serving agencies in the country.
The Council or commission shall be directly elected by the Youth without the interference of the Legislature.
Police Service Commission
The membership to comprise of one representative from the National Youth Council/Commission
COMMISSIONS AND INDEPENDENT OFFICES
No. 295. (2) The commissions are-
Include: The National Youth Council/Commission
Popular Versions of the Constitution
The Government should make the constitution and translate it into popular language and make copies available to all citizens and every public office in order to popularize the content among Kenyans.
National Symbols: The National Flag
Symbols like the National Flag should be promoted and respected by all the people. The Kenyan citizens should be given the constitutional rights to fly the national flag on their premises, automobiles as long as it does end in abuse. The National Flag should be the pride of all citizens as such it should not be criminal for the people to proudly display the national flag wherever they are.
What's your take?
For National Youth Convention