The Gaps on Youth in the Draft Constitution

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

THE PREAMBLE

There is a good attempt to include a preamble in the draft however;

The need to recognize, protect and promote our national symbols.

CHAPTER TWO

No 10: State and Religion

If the state and religion are separate then there should be no mention of religious institutions in the constitution.

CHAPTER THREE

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.

CHAPTER SIX

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

CHAPTER ELLEVEN

THE LEGISLATURE

Part 2 – Composition and membership of Parliament

Membership of the senate

No. 125

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

No. 126

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

No. 127

(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

No. 131

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

No. 154

(d) A provision should be made for two members to represent the interest of youth as defined by age

CHAPTER TWELVE

THE EXECUTIVE

No 178

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.

CHAPTER FIFTEEN

PUBLIC FINANCE

Part 5 - Budgets

Content

No. 257

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

No. 268

The commission should consist of the persons listed as well as

-          One person designated by the National Youth Council/Commission

Economic and Social Council

271.

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.

 

CHAPTER SIXTEEN

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.

 

CHAPTER SEVENTEEN

NATIONAL SECURITY

Police Service Commission

No. 293.

The membership to comprise of one representative from the National Youth Council/Commission

 

CHAPTER EIGHTEEN

COMMISSIONS AND INDEPENDENT OFFICES

No. 295. (2) The commissions are-

Include: The National Youth Council/Commission

 

Other recommendations

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?

 

Emmanuel Dennis

For National Youth Convention