WHAT OKOA KENYA HAS NOT BEEN FREQUENTLY SHARING IN PUBLIC MEETINGS YET HAS A BIG CATCH IN HEARTS Sent from my iPad After going through the proposal for public debate on the general suggestions for the amendments of the constitution by popular initiative as proposed by the Okoa Kenyas Committee of Experts, I found myself touched to the very inner part of my heart. Though these issues have not been frequently shared to due to their complicity, I find it wise to share with the public some of the resolutions made for proper construing of what is in the mind of Kenyans before the experts. The proposal to strengthen the roles of the National Land Commission and defining the roles of and benefits for communities in natural resources is a big catch. The constitution require changes to give more powers to the National Lard Commission to exclusively manage all registries, processes and dispositions in respect of public and community land in Kenya. It should also have clear definition as regards the mandate and roles of the National Government on matters of land by providing that it shall; (a) Formulate and implement the National Land Policy (b) Exclusively manage all registries, processes and dispositions in respect of Private Land. The constitution is currently unclear about the exclusivity of the roles of the National Lands Commission. This has resulted to overlaps of jurisdiction between the National Government and the National Land Commission, and unhealthy competition over functions between the two. The amendments should provide for the criteria for sharing of revenues from mineral, oil and gas resources where the resources are explored and / or exploited. This criteria will provide for; (a) a definite percentage of sharing of revenues between National Government and County Government and between County Government and host communities. (b) the utilization of revenues for the benefit of current and future generations of Kenyans (c) the classes of benefits to be shared. This amendment will promote resource sharing in a way that will avert the dangers of resource based conflicts in the future as it is witnessed in most African countries. In Education, the proposal is to amend the constitution to devolve infrastructure and administration of primary, special education and secondary schools to the County Government. However, employment, remuneration and administration of teachers and teachers affairs shall remain exclusively the mandate of the Teachers Service Commission. Kenyans wish to realize the following:- (a) To effectively promote and improve access and quality of education at the County level (b) The National Government has over the years proved ineffective in the establishment of local education infrastructure in primary, secondary and special schools. In forests, wildlife resources and sanctuaries and water conservatories, the constitution is to be amended to the effect that the management shall be a county government function. This is because the local communities have the greater stake in the preservation of forests, wildlife and water resources and are also better placed in their management. In Security, the constitution is proposed to be amended to:- (a) to place the Administration Police Service under the County Governments while retaining the exclusive administration and operational command of the Inspector General of Police. (b) to require the National Police Commission to establish structures that will ensure liaison on security between the National Police Service and County Government. (c) To provide that County Governments are the civilian authority over National Security Organ at the County Level This is because County Governments need to be involved in security matters because each county has separate security concerns from the other. In strengthening devolution, the following was proposed:- (a) Abolish the system of administration commonly known as the provincial administration (b) Retain chiefs and assistant chiefs in the employment or command of County Government with the same terms and conditions of service or employment (c) Redeploy all other officers of the provincial administration and their staff into the public service (d) To provide that any system of administration that is established by the National Government thereafter must not only accord with and respect the system of devolved governments, but must also avoid duplicity of roles at the county level and competitive power structures. This is because:- (a) The national government did not restructure the system of administration, commonly known as provincial administration, as require by the constitution but merely renamed it and its officers. The amendment is aimed at correcting this anomaly that has resulted in a crisis of administration at the county level (b) To effectively promote a smoother and more effective transition from the old constitutional dispensation to the new one. In the County Assemblies, the constitution to be amended to provide for proper procedures for the impeachment of Governors and Deputy Governors and secure due process and adherence to the rules of natural justice. This is aimed at averting the crisis and fears of miscarriage of justice currently emanating from the current provisions. In Ethic and Anti-Corruption, the proposal is to amend the constitution to provide for the Ethics and Anti-Curruption Commission as an independent and constitutional commission. This is because the constitution requires the existence of the commission, it does not provide for it as one of the constitutional commissions. The further proposal is to amend the constitution to empower the High Court to deal with issues relating to the leadership and integrity chapter of the constitution. This is to further strengthen the implementation of the constitutional provisions on ethics and integrity. All constitutional commissions are proposed to be non - executive and to operate on part time basis so as to regulate and lower the public wage bill. The Judiciary, different proposal for amendment has been proposed in this organ:- 1. To amend the constitution to expand the jurisdiction of the Supreme Court to have original and concurrent jurisdiction to determine the constitutionality of new bills within 30 days after they become law. The jurisdiction of High Court to determine the constitutionality of laws remains unaffected. This was sighted because:- (a) In the operation of the doctrine of separation of powers, the judiciary must be an effective check on excesses not only of the executive, but also of the legislature. (b) To avert the costs and consequences of implementation of outright unconstitutional laws and conflicts that arise therefrom 2. To amend the constitution to remove the powers of the President in the process of appointment of the Chief Justice, the Deputy Chief Justice and Judges and vest these powers exclusively within the Judicial Service Commission upon approval of parliament. This is because:- (i) The executive is already represented in the Judicial Service Commission by the Attorney General. The president also appoints the chairman of the Public Service Commission and two of the public to the Judicial Service Commission. The presidents further say in judicial appointment is not justifiable. (ii) The powers given to the president to appoint the Chief Justice, Deputy Chief Justice and Judges is an unnecessary interference with the independence of the Judiciary. OR In another version, to amend the constitution to impose time limitation of 14 days within which the president MUST appoint the Chief Justice, Deputy Chief Justice and Judges. This is to protect the independence of the judiciary by ensuring that the exercise of the powers of the president in appointment of Judges are not discretionary. 3. To amend the constitution to make provision for minimum funding to the judiciary calculated as a percentage of the budget. This is to ensure the judiciary is properly funded for its independence and take away the power of the legislature to interfere with the independence of the judiciary using budgetary restrictions. 4. To amend the constitution to provide for powers of the Supreme Court to review judgements of any judge who has been:- (a) Removed from office on recommendation of a tribunal appointed by the president (b) Removed from office pursuant to The Vetting of Judges and Magistrates Act,2011 (c) Resigned or opted to retire whether before or after the commencement of that Act in consequence of a complaint of misconduct. This will address the gap in the law to ensure that provisions under the Supreme Court Act are anchored in the constitution. 5. To amend the constitution to provide that all legal proceedings relating to quasi-judicial functions of either the Senate or the National Assembly shall be heard exclusively by the Supreme Court. This will assist:- (a) To streamline the role of Judiciary in providing checks and balances to the powers of the Senate and National Assembly (b) To create a more effective process for the judicial review of the quasi-judicial functions of the legislature. 6. To amend the constitution to harmonize the retirement of judges. This is to remove the separate terms for service for judges in the same judiciary. 7. To amend the constitution to provide for an extension or expansion of limit within which to file a petition challenging the election of president and to hear and determine a presidential petition. This is following the first experience of the presidential election petition under the constitution showed that the timeline were unrealistic. Even though much have been put in emphasize especially the issues dealing with increment of funds to the counties from 15% to 45%, Boundaries and Electoral Commission and Inclusivity of marginalized communities and eversion of tribalism in employment, the above issues were also highlighted for the amendments. For sure, if you analyze them properly, you will realize that the pressure employed by the Okoa Kenya Movement have nothing to do with saving anybodys political future BUT saving the really Kenyans. Opponents will always be there to discredit genuine issues like the ones highlighted in this commentary but its upon the common people of Kenya to make a sensible decisions not based on an elected leaders views. Let me believe my fellow Kenyans will not be dragged by people with negative mental attitude towards anything posed for Kenyans.
Posted on: Sat, 04 Oct 2014 11:32:35 +0000
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