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why do i vote YES for Kenya proposed constitution
Rank: Chief Joined: 8/24/2009 Posts: 5,909 Location: Nairobi
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point 13: Let's get our land back...
(65) A person who is not a citizen may hold land on the basis of leasehold tenure only, and any such lease, however granted, shall not exceed ninety-nine years.
On this point, assuming contracts signed before enactment of the proposed constitution still stand (I'm thinking of the Qataris building the hotels at JKIA), are the Qatari's going to hold onto the hotels for the 999 years? Is this the number of years in the current constitution? Enlighten me...
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Rank: Elder Joined: 10/4/2006 Posts: 13,821 Location: Nairobi
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or what happens if the land is registered under a company in kenya? or if the said Qatari's seek citizenship. pretty murky! All Mushrooms are edible! Some Mushroom are only edible ONCE!
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Rank: Elder Joined: 9/15/2006 Posts: 3,903
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@nostoppingthis and @masukuma, new constitution says ..
65 (2) If a provision of any agreement, deed, conveyance or document of whatever nature purports to confer on a person who is not a citizen an interest in land greater than a ninety-nine year lease, the provision shall be regarded as conferring on the person a ninety-nine year leasehold interest, and no more.
Also note that...
(4) Parliament may enact legislation to make further provision for the operation of this Article.
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Rank: Elder Joined: 9/15/2006 Posts: 3,903
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Back from hiatus, lazima tufanye bidii pole  , and today the draft constitution is available in Sunday papers. I must say thus far very many positives. Perhaps the constitution is a 'body' of work, much like a person. One or two grave imperfections but much more good  And so why I say Yes, is it reminds me of Desiderata... ..let this not blind you to what virtue there is;
many persons strive for high ideals,
and everywhere life is full of heroism. Okay Chapter Seven - Represenation of the People - is all about elections. It has been difficult to compare with our current constitution because sections were repealed after 2007 elections. But a longer search did the trick... point 15: General principles of electoral system not more than two-thirds of the members of elective public bodies shall be of the same gender; fair representation of persons with disabilities; free and fair elections by secret ballot... pont 16: In the old constitution there was a long ado about how you have to be resident in a constituency, or carried out business somewhere, or owned property somewhere to register as a voter there. New constitution just allows you to register at only one In the old constitution, you couldn't vote if you'd been declared bankrupt or you are in custody. point 17: Independent Electoral and Boundaries Commission made up of members who have not stood for elections in 5 years or held any state office. Rules for review of constituencies (number, timing, popluation quotas) are welcome addition to the constitution. (89) There shall be two hundred and ninety constituencies for the purposes of the election of the members of the National Assembly ...review names and boundaries of constituencies at intervals of not less than eight years, and not more than twelve years, but any review shall be completed at least twelve months before a general election of members of Parliament... point 18: Much as we continue to aspire for true political parties, first step is they must be defined with our aspirations in sight. (91) shall have a national character; shall have a democratically elected governing body; uphold national unity... shall not be founded on religious, linguistic, racial, ethnic, gender or regional basis; shall not engage or encourage violence, intimidation; shall not establish a paramilitary force, militia...
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Rank: Veteran Joined: 1/7/2010 Posts: 1,279 Location: nbi
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This is very much a yes yes document -MP recall clause -president appoints have to be approved by parliament -no majimbo but more decentralisation than current -reduced leaseholds -mps can't been in the cabinet -an indepedent central bank -a centralised police force Btw, do the No-ists realise that the choice is between current and proposed katiba? The Governor of Nyeri - 2017
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Rank: New-farer Joined: 5/10/2010 Posts: 4 Location: KENYA
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Come on guys lets face facts and stop blaming the weather baseless.In this world there r good guys n bad guys,winners n losers and above all wherever u r be it school,home,colle,campus n jobo you can't please everyone coz u do not no the point in time at which they get pleased and you can't be loathed by everybody.In short the new prop draft is full of compromise n it can't satisfy all individual needs, that does not give us the room for rejecting the entire draft due to a few clauses.Lets pass it, then issues to with Amalgamation n reconstruction later.
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Rank: Elder Joined: 9/15/2006 Posts: 3,903
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Almost halfway through, and I must admit it will take concious effort for ordinary Kenyans to actually read all the chapters. What has changed? Is it too much noise or entertainment in our lives. Here goes...
CHAPTER EIGHT - The Legislature - divided into six parts.
point 19: (93) There is established a Parliament of Kenya, which shall consist of the National Assembly and the Senate.
The National Assembly represents the people of the constituencies and
special interests in the National Assembly. The Senate represents the counties, and serves to protect the interests of the counties and their governments.
So National Assembly enacts legislation, oversees national expenditure and state organs. It declares war and reviews conduct of president and state officers. Senate on the other hand debates bills concerning counties, resources and their interests.
point 20: Though there are varying opinions on the numbers, I'm glad they are fixed...
National Assembly = 299 from constituencies + 47 women from counties + 12 nominated by parties
Senate = 47 from counties + 16 women nominated by parties + 2 members representing youth + 2 representing disabled
point 21: (104) The electorate have the right to recall the member of Parliament representing their constituency before the end of the term of the relevant House of Parliament. Parliament shall enact legislation...
point 22: Any bill can be originated in the National Assembly but requires approval of Senate if the bill concerns county government. Senate can only originate bills relating to the county government.
For a bill requiring Senate approval to become law, both houses must accede. For the National Assembly to reject or amend a Senate bill, they must muster two-thirds vote
point 23: If Parliament refers a bill for presidential assent, they can outweigh the president if more than two-thirds decide not to make the amendments suggested.
Every step governing presidential assent and referral is timebound, with a default action if time lapses.
point 24: (118)Parliament may not exclude the public, or any media, from any sitting unless in exceptional circumstances the relevant Speaker has determined that there are justifiable reasons for the exclusion.
point 25: In (119) I now have the right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal legislation. Parliament shall make provisions for procedure...
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Rank: Veteran Joined: 12/4/2009 Posts: 1,982 Location: matano manne
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@Muganda, Famooz, Wendz and Masukuma. Well done so far, so far so good: let me add a bit on Citizenship and abortion. The determination of citizenship and the finner details will have to be framed in an Act of parliament, spelling out administrative details etc. The same will occur on abortion, since it must be appreciated, the administrative procedures and policies on abortion cannot be sufficiently contained in the constitution, this will pre-empt the "fear mongering" amongst us from mis using general terms such as trained health professional. An example is the requirement to have more than one doctor make the decision.
Beside, there will be no change in abortion procurement in the near future whether the katiba is passed as it is, is amended, or is defeated. Common sense, corruption, theft, murder, rape etc are everyday crimes that are explicitly prohibited in law just like abortion.
My point, don't trust or argue with the politicians and clergy. Their agenda is not what you see/hear/smell/touch. As for
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Rank: Elder Joined: 10/4/2006 Posts: 13,821 Location: Nairobi
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Rahatupu, remember that Any Act of parliament has to be inline with the constitution. All Mushrooms are edible! Some Mushroom are only edible ONCE!
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Rank: Elder Joined: 3/19/2010 Posts: 3,504 Location: Uganda
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Ruto may have a point on Land.When someone says that there will be minimum prescribed land which a person can hold. Does that mean those of us who own as little is 1/32 acre for house in the city will never get a title deed? As for the maximum i think its ok but minimum?????? Legislation on land 68. (1) Parliament shall— (a) revise, consolidate and rationalise existing land laws; (b) revise sectoral land use laws in accordance with the principles mentioned in Article 60 (1); and (c) enact legislation— (i) to prescribe minimum and maximum land holding acreages in respect of private land; punda amecheka
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Rank: Veteran Joined: 10/17/2008 Posts: 1,234
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@newfarer, I believe the minimum land holding requirement has something to do with ensuring that land in some areas is not subdivided into uneconomically viable pieces. But I agree that the above-quoted provision is framed in a manner that is too general and doesnt bring out the proper intent of the provision that would guide parliament in enacting the relevant law.
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Rank: New-farer Joined: 5/7/2010 Posts: 5
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the land issue is gonna be a time bomb in da future....lets say i worked and purchased my land, its my right to do wat i want with it without having to worry that some government person will come and reposes my land in the name of idle land......i believe there are genuine people that really need the land and cant get it without being given but majority have the energy and believe can work and purchase land....why dont the mps who have big chunks give them to the IDP's out there.......centralised police force......i dont think so......too much of something is poisonus......they should follow strict policy ...u may say he is old news but who listened to the former president as he outlined wat 'centralised police force' could lead to.....anywayz everyone should Jisomee, Jiamulie, the katiba without bias.......
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Rank: Elder Joined: 9/15/2006 Posts: 3,903
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Surprising how the constitution debate actually makes it HARDER to bother reading the whole document. I mean, it's no longer about the damn thing!
Even @slammers abadoned the cause. So let's see what else is good...
Chapter Nine - THE EXECUTIVE (in 4 parts)
point 26: So important constitution always recognizes who's boss, this was majour fault in the current constitution. I mean Chapter 2 is the president this.. and president that...
In the new constitution, president needs to exercise his power with the principle of service to the people of Kenya, and for their well-being and benefit. And respect, uphold and safeguard this Constitution;
point 27: We don't want roadside declarations so much...
(135) A decision of the President in the performance of any function of the
President under this Constitution shall be in writing and shall bear the seal
and signature of the President.
point 28: To become president, you don't have to be 35 years of age; you need at least 2000 signatures from majority of counties; you must be a citizen by birth (not just a citizen as is currently the case); you can be nominated by political party or just be independent.
point 29: (145) A member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the President—
gross violation of constitution; crime committed; gross misconduct
point 30: And we have deputy presidents to allow them selected as running mates who are automatically elected if president wins. Possible to get rid of them through impeachment, incapacity etc. When new one is nominated, National Assembly must approve.
point 31: (152) The Cabinet consists of - not fewer than fourteen and not more than twenty-two Cabinet Secretaries. A Cabinet Secretary shall not be a Member of Parliament.
(153) A decision by the Cabinet shall be in writing.
Cabinet Secretaries are accountable individually, and collectively, to the President for the exercise of their powers and the performance of their functions.
point 32: Good that office of Attorney General and Director of Public Prosectutions defined in constitution - the latter is new. Now the DPP may not discontinue a prosecution without the permission of the court.
As discussed elsewhere, DPP has security of tenure unlike Attorney General, Cabinet Secretaries, Principal Secretaries etc.
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