Did anyone get this one?
The Constitution of Kenya Review
On the issue of Power Sharing
A radical new approach
'The goal of this system is to institute a set of 'checks and balances,' such that each of the three Arms of Government,that is the Executive,the Legislature,and the Judicature,has some authority to act on its own,some authority to regulate the other two branches,and has some of its own authority,in turn,regulated by the other branches.'[1]
1.0 What Kenya wants and needs
Kenya,a conglomeration of tribes of various sizes into one geographic region,is faced with a moment of history that calls for true nationalists. Otherwise we shall have tribe-nations. Kenya wants and needs a constitution that is all-inclusive,and above all,one that ensures the peace,stability,and prosperity of the whole nation. Emerging from the background of a society heavily divided along tribal or ethnic lines and perceived historical injustices,Kenya needs and wants a constitution that:
(a) Accords equal opportunities to any citizen,whether from the most or the least populous tribe,to ascend to the Presidency or the Premiership;
(b) Respects minority as well as majority tribes equally,without sidelining or marginalizing any citizen due to tribe,remoteness,or any other divisive factor;
(c) Represents citizens equally in the Parliament and the Government based on regional geographic rather than tribal community factors. The interest of every Kenyan starts with where they live and not with their tribal community;
(d) Ensures that political parties have a national outlook in membership and leadership;
(e) Ensures that no imperial authority is vested in any one institution,be it the Presidency,the Premiership,or the Parliament;
(f) Provides the citizens with the opportunity to elect both the President and the Prime Minister;
(g) Divides the nation into equal geopolitical regions each producing the same number of Members of Parliament.
2.0 System of Government of Kenya
Disguised ‘majimbo’ in the draft constitution shall only destroy Kenya. We must avoid this. If it is a majimbo system of government that is being proposed,then the draft constitution must call it by what it is.
A ‘special hybrid’ system of government is the way out for Kenya,as proposed below:
2.1 Equal regional representation
2.1.1 The Republic of Kenya shall be divided into nine (9) equal geopolitical regions[i].
2.1.2 Each geopolitical region shall have twenty two Constituencies.
2.1.3 Each geopolitical region shall therefore be geographically as big or as small as there are an equal number of voters in all the other geopolitical regions,yielding the same number of representation and thus giving no geopolitical region undue advantage or disadvantage due to population (one-man one-vote) or geographic size (one-kilometre one-vote). Kenya’s Constituencies and geopolitical regions should only be demarcated along these lines.
2.2 The President and the Executive branch of Government
2.2.1 There shall be a President of Kenya,who shall be the Head of State,Head of Executive Government and Commander-in-Chief of the armed forces of the Republic.
2.2.2 Executive powers are vested on the President through the Cabinet.
2.2.3 The person nominated for President must not belong to any political party,must be a Kenyan citizen of thirty five years and above,and must have been resident in Kenya for the last twenty four months.
2.2.4 Nomination for President of Kenya shall be by presenting to the Electoral Board of Kenya at least three thousand valid signatures of supporters from at least three geopolitical regions.
2.2.5 Each geopolitical region shall have only one person nominated for President of Kenya. Where more than one person from one political region is validly nominated as candidate for president,a poll shall be taken in the geopolitical region to determine the presidential candidate with a greater number of valid votes than any other presidential candidate in the geopolitical region.
2.2.6 To be elected President,a person must qualify as nominated for President.
2.2.7 Presidential candidates shall compete based on National Representation Index (NRI),which indicates the scope of national representation held by the presidential candidate,rather than on simple majority of votes (which is skewed by population of tribes).
2.2.8 To earn one NRI,a presidential candidate must receive a greater number of valid votes in a geopolitical region than any other candidate for president and the total votes of the candidate must represent at least twenty five percent (25%) of the total votes cast in the geopolitical region.
2.2.9 A presidential candidate who earns nine (9) NRIs shall automatically be declared as President of the Republic of Kenya,even if his or her total national votes do not constitute the majority of all votes cast in the presidential election.
2.2.10 If none of the presidential candidates receive nine (9) NRIs,then the candidate for President who receives at least five (5) NRIs shall be declared President of the Republic of Kenya.
2.2.11 In case the President of Kenya cannot be determined due to a tie in NRIs or failure to attain any of the above conditions to declare a presidential candidate as the President of Kenya,then a second national poll shall be taken between the two presidential candidates who received the highest NRIs and majority votes than any other presidential candidate in the presidential election.
2.2.12 The presidential candidate who receives a greater number of NRIs than the other presidential candidate in a second presidential poll shall be declared the President of the Republic of Kenya.
2.3 Term of office of the President of Kenya
2.3.1 The President of Kenya shall serve for a maximum of two continuous terms each lasting five years,and shall not be eligible to be elected as president again until the service of at least one term in office of another president.
2.3.2 In case the office of the President falls vacant before the end of a term of the President due to any reason,then the Vice President shall act as President for a period of ninety days (90) before a Presidential election is held.
2.4 The Cabinet (Executive)
2.4.1 There shall be a Cabinet,who shall constitute the Executive branch of the government,consisting of the President,the Vice President,and eighteen Ministers.
2.4.2 The Prime Minister shall be a non-voting member of the Cabinet.
2.4.3 Each political region shall be entitled to two positions in the Cabinet.
2.4.4 The President shall appoint any of the Cabinet members,except the Prime Minister,to be the Vice President.
2.4.5 The Vice President shall serve for a maximum period of twenty months in a rotational basis such that each geopolitical region shall have a Cabinet member serving as vice president in the term of the current or successive Presidents.
2.4.6 A Cabinet Minister,except the Prime Minster,shall be a non-voting Member of Parliament,and shall not be a representative of a Constituency.
2.5 Nomination and election of a Cabinet Member (CM)
2.5.1 Like the President,a candidate for Cabinet Member shall not belong to any political party.
2.5.2 Cabinet elections shall be held at the same time as Presidential elections,and both shall be known as Presidential and Cabinet Elections,or simply as Executive Branch Elections,and where only one is held,as either Presidential or Cabinet Elections.
2.5.3 Each geopolitical region shall be entitled to elect two Cabinet Members.
2.5.4 To qualify for nomination as candidate for the Cabinet,a person must be a Kenyan citizen of thirty five years and above,and must have been resident in Kenya for the last twenty four months.
2.5.5 Nomination for Cabinet Member is by presenting to the Electoral Board of Kenya at least one thousand valid signatures of supporters from at least three Constituencies of the geopolitical region of the candidate for the Cabinet.
2.5.6 Each candidate for Cabinet shall be elected on the basis of Regional Representation Index (RRI).
2.5.7 To earn one RRI,a candidate for Cabinet Member must receive a greater number of valid votes in a geopolitical region than any other candidate for Cabinet Member from the same geopolitical region.
2.5.8 The two candidates in a geopolitical region who have each received a greater number of RRIs than the other candidates for Cabinet Member in the geopolitical region shall automatically qualify as Cabinet Members.
2.5.9 In case more than two candidates for Cabinet from the same geopolitical region tie in the number of RRIs,then the two candidates each with a greater number of valid votes than any other candidate for Cabinet in the geopolitical region shall be declared the two Cabinet Members from the geopolitical region.
2.5.10 Each Cabinet Member shall work in any ministry as Minister or Deputy Minister as appointed by the President.
2.6 The Prime Minister and the Legislative branch of Government
2.6.1 The National Assembly of Kenya shall comprise only one house,that is,a unicameral system.
2.6.2 The role of the National Assembly is to legislate,articulate national issues at policy level,pass the budget,and through its committees,play the role of a watchdog to ensure all budgetary allocations are used accountably.
2.6.3 There shall be a Prime Minister of Kenya,who shall be the Head of Legislative Government,Chief Supervisor and Coordinator of the Parliamentary Committees.
2.6.4 The Prime Minister shall appoint the chairpersons of the Parliamentary Committees.
2.6.5 Legislative powers are vested on the Prime Minister through the National Assembly.
2.6.6 To be nominated for Prime Minister,a person must be a Kenya citizen of eighteen years and above,be sponsored by a Political Party,and be a Member of Parliament.
2.6.7 To be elected Prime Minister,a person must qualify as nominated for Prime Minister.
2.6.8 Candidates for Prime Minister shall compete based on National Party Representation Index (NPRI) and Parliamentary Majority rather than on simple majority of political party votes or individual personal candidate votes.
2.6.9 The National Party Representation Index (NPRI) is a measure of the national popularity of a Political Party.
2.6.10 Parliamentary Majority is a measure of the number of Members of Parliament (MPs) of a Political Party elected to the National Assembly.
2.6.11 To earn one NPRI,a Political Party must receive a greater number of Members of Parliament in a geopolitical region than any other Political Party and the total votes for the Political Party must represent at least twenty percent (25%) of the total votes cast in the geopolitical region.
2.6.12 A Political Party that receives nine (9) NPRIs shall automatically have its candidate for prime minister declared the Prime Minister of Kenya.
2.6.13 If none of the Political Parties receives nine (9) NPRIs,then the Political Party that receives at least five (5) NPRIs shall have its candidate for prime minister declared the Prime Minister of Kenya.
2.6.14 In case the Prime Minister of Kenya cannot be determined due to a tie in NPRIs or failure to attain any of the above conditions to declare a candidate for Prime Minister as the Prime Minister of Kenya,then the Political Party with a higher NPRI and Parliamentary Majority than the other Political Parties shall form the Legislative Government by entering into a coalition arrangement with the Political Party with the second highest NPRI so as to have at least five (5) NPRIs and Parliamentary Majority.
2.7 Term of office of the Prime Minister of Kenya
2.7.1 The Prime Minister may serve in office for an indefinite period of terms each of five years,as long as the office of the Prime Minister has not fallen vacant due to any of the following reasons:
(i) Death of the Prime Minister;
(ii) Incapacity of the Prime Minister due to physical or mental infirmities;
(iii) Resignation of the Prime Minister;
(iv) The Prime Minister is no longer a Member of Parliament;
(v) Parliamentary elections affecting the Prime Minister or the Political Party sponsoring the Prime Minister;
(vi) Dissolution of the Political Party of the Prime Minister,only when such Political Party dissolution is by the members of the Political Party itself and not any other agency;
(vii) Vote of no confidence by Parliament in the Prime Minister or the Political Party sponsoring the Prime Minister.
2.7.2 In case the office of Prime Minister falls vacant before the end of a term of the Prime Minister due to any of the reasons above,a new election for Prime Minister shall be conducted not less than twenty one (21) days since the office of the Prime Minister became vacant.
2.8. Nomination and election of Member of Parliament (MP)
2.8.1 A candidate for Member of Parliament (MP) shall be nominated according to internal Political Party rules and regulations which must be in conformance with the provisions of the Political Parties Act of Kenya.
2.8.2 A candidate for Member of Parliament sponsored by a Political Party shall be considered to have been officially nominated by the Political Party once the Electoral Board of Kenya receives a Certificate of MP Candidature by the Political Party for the Constituency indicated on Certificate.
2.8.3 Members of Parliament are elected together with the Prime Minister in Parliamentary Elections or Legislative Branch Elections,and where only one is held,as Prime Minister Elections or MP Elections.
2.8.4 A candidate for Member of Parliament who receives a greater number of valid votes than any other candidate for Member of Parliament in a Parliamentary Election or MP Election in a particular Constituency shall be declared the Member of Parliament for the Constituency.
2.8.5 All geopolitical regions shall have equal number of representation,irrespective of population or geographic size.
Note: The Judiciary is independent through the Judicial Service Commission (JSC) which appoints the Chief Justice.
The country could be divided into any number of geopolitical regions that are politically and administratively expedient to a stable and peaceful Kenya. These nine regions mentioned in this document are used for illustrative purposes than for fact. On 15 July 2009,the government of Kenya announced the creation of 22 sub-provinces,radically altering the map of the country’s administration units which then became as follows :
· 8 Provinces
· 22 Regions (Sub-provinces)
· 254 Districts
· 652 Divisions
· 2835 Locations
· 7323 Sub-locations
The eight provinces were split up into regions (sub-provinces) whose bases or headquaters would be as follows :
1. Rift Valley Province
o Kitale
o Nakuru
o Narok
o Kericho
o Eldoret
2. Central Province
o Thika
o Nyeri
o Nyahururu
3. North Eastern Province
o Wajir
o Garissa
4. Nyanza Province
o Kisumu
o Kisii
o Homa Bay
5. Coast Province
o Voi
o Mombassa
o Malindi
6. Easter Province
o Embu
o Machakos
o Marsabit
7. Western Province
o Kakamega
o Bungoma
8. Nairobi Province
All these regions should be abolished and a fresh boundaries be considered with a totally different naming scheme and demarcation pattern. Each Constituency should have the same number of voters and each geopolitical region should have the same number of Constituencies. The first step therefore is to determine the size of a Constituency,then to group a number of Constituencies together to form equal geopolitical regions each with equal number of Constituencies. Each geopolitical region has almost the same number of voters and each produces the same number of MPs. Geographic size (one-kilometre one-vote) or population of a tribal community,group or region (one-man one-vote) shall therefore be neutralized and no individual or group of individuals shall hold Kenya at ransom of a tribal voting bloc and war mongering. This was the nation of Kenya shall be stable,peaceful,and prosperous. Long live Kenya!
Signatures of Kenyan citizens supporting this approach to the new Constitution of Kenya: Each signature is worth KES 1,000 for press advertisement in the Nation and Standard newspapers.
we want peace... The only substitute to intelligence is silence