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why do i vote YES for Kenya proposed constitution
nostoppingthis
#61 Posted : Thursday, May 06, 2010 6:30:23 AM
Rank: Chief

Joined: 8/24/2009
Posts: 5,909
Location: Nairobi


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...
masukuma
#62 Posted : Thursday, May 06, 2010 11:24:55 AM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
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!
muganda
#63 Posted : Sunday, May 09, 2010 4:02:06 PM
Rank: Elder

Joined: 9/15/2006
Posts: 3,907
@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.

muganda
#64 Posted : Sunday, May 09, 2010 4:04:51 PM
Rank: Elder

Joined: 9/15/2006
Posts: 3,907
Back from hiatus, lazima tufanye bidii pole Sad, 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 smile

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 It has been difficult to compare with our current constitution because sections were repealed after 2007 elections.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...


Wa_ithaka
#65 Posted : Monday, May 10, 2010 6:50:28 AM
Rank: Veteran

Joined: 1/7/2010
Posts: 1,279
Location: nbi
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
Legal Hustler
#66 Posted : Monday, May 10, 2010 12:55:37 PM
Rank: New-farer

Joined: 5/10/2010
Posts: 4
Location: KENYA
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.
muganda
#67 Posted : Monday, May 10, 2010 2:45:54 PM
Rank: Elder

Joined: 9/15/2006
Posts: 3,907
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...

Rahatupu
#68 Posted : Tuesday, May 11, 2010 8:06:19 AM
Rank: Veteran

Joined: 12/4/2009
Posts: 1,982
Location: matano manne
@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
masukuma
#69 Posted : Tuesday, May 11, 2010 12:06:45 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
Rahatupu, remember that Any Act of parliament has to be inline with the constitution.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
newfarer
#70 Posted : Wednesday, May 12, 2010 8:31:36 AM
Rank: Elder

Joined: 3/19/2010
Posts: 3,505
Location: Uganda
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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