Constitutionalism and Good Governance

TALKING NOTES DURING THE KCDF YOUTH CONVENTION ON CONSTITUTIONALISM AND GOOD GOVERNANCE BY EMMANUEL DENNIS – NATIONAL YOUTH CONVENTION 2^ND NOVEMBER 2009 AT THE KCDF YOUTH CONVENTION - NAKURU

·         Historical perspective of the Kenyan constitution making process from the

o   Lancaster talks

o    the emergence in 1990's for a new constitution

o   the referendum

o   NARC promises

o   Committee of Experts

o   Draft Constitution coming up soon.

·         The Constitution as governance framework of the country.

·         Constitution making process to be all inclusive.

Issues presented by the Youth to the CoE

·         A democratic constitution by the people for peaceful and prosperous Kenya.

·         A youth friendly constitution.

GAPS

·         Lack f a preamble which is the statement of purpose expressing our values as a nation.

Areas of Consensus

·         Dual citizenship for Kenyans who want it.

·         Devolution of power and responsibility with units of devolution and resources to be clarified in the new constitution.

·         A recall clause to be included for Non performing MPs in order to bring about accountability.

·         Removal of the presidential age limit at 35 years and make qualification to be based on ethical and moral standing.

·         President not to be a Member of Parliament

·         President's remuneration to be decided by an independent body like the salaries and remuneration commission.

·         Cabinet to be made of professional outside parliament, recruited by an independent body, approved by parliament and appointed by the president.

·         The number of cabinet Ministers not to exceed 15 for efficiency and control of spending.

Legislature

·         Legislative representation to comprise of 30% Women, 50% Youth, and 20% Minorities.

·         MPs salaries to be harmonized with those of other civil servants

·         Independent candidates to be allowed to vie out of the Political party system.

·         A Limited tenure of MPs to be put at 2 terms of 5 years each.

Judiciary

·         The office of the AG to be separated from the office of Director of public prosecutions.

·         AG and CJ to be recruited by and independent body, vetted by Parliament and appointed by the president.

The Bill of rights

·         To include all the inalienable rights and freedoms of all Kenyans which are to be clearly spelt out.

·         Land to be communally owned.

·         Leasehold period to be reduced from 999 years to 99 years.

·         Introduce taxes for land ownership.

·         No land to be allowed to lay idle.

Contentious issues

·         System of governance (Presidential, Parliamentary, Hybrid)

·         Presidential age cap and education.

·         Devolution Regional, Economic)

 

Realities

·         Kenya currently has an imperial presidency which perpetuates impunity. Power holders have the leverage of hiding behind the constitution to break it at the expense of rights holders.

·         There is no ownership of the current constitution because it was brought from Lancaster.

·         The President, Police, MPs are all breaking the la and getting away with it due to the system that has been created.

 

Key Questions

·         What do we do to promote and protect our cultural diversity?

·         What kind of country do we want for the future generations?

·         Are we in a better position today?

·         Do we need to change?

·         What is your individual responsibility in ensuring that something positive is done?

·         Will Kenya change to the better with a new constitution?

·         What kind of country did we inherit from our fore fathers?

·         What should we do?

 

Conclusion

1.       Young people should now drive the constitution review process by engaging in the civic education management at community level.

2.       The constitution should be written for the common good of Mwananchi.

3.       The constitution should carry a culture of values that will drive Kenya for generations.

4.       All Kenyans must engage in the process of finding out what their new constitution entails.

5.       The youth should start holding similar meetings at community level to educate other Kenyans.

6.       The youth need to take control of the process before Politicians do so that their peers, parents and leaders are aware of the facts.

Way Forward

·         170 town hall meetings, 1 date country wide will help push the agenda.

 

Questions and Answers????????

One Man one Vote system????

Kadhis court.?????

 

"We have wasted so many resources in the past on the quest for anew constitution. The onus is on us as a generation. Sometimes it calls upon a generation to be great. You can be that generation"

 

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Emmanuel Dennis Ngongo
P.O. Box 8799 - 00200
Nairobi Kenya
Cell: +254 722619005
http://emmanuel-ed.blogspot.com/
Twitter: http://twitter.com/Emmanueldennis
www.yesweb.org