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The Draft and its Hanging Offices
masukuma
#1 Posted : Wednesday, May 12, 2010 6:31:20 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
The proposed draft constitution creates offices and commissions and leaves them hanging.
Kenya Human Rights and Equality Commission (59),National Land Commission (67),the independent electoral and boundaries commission (88) - how many will they be? What will be their tenure? retirement? do they have to wait for tribunals to kick them out (251)?

commission on revenue allocation (215), Salaries and Remuneration Commissions (230) and Public service commission (233) What will be their tenure? retirement? do they have to wait for tribunals to kick them out?

Teachers service commission (237), how will they be chosen, what number? What will be their tenure? retirement? do they have to wait for tribunals to kick them out?

principal secretaries (132.2.d) and (155), these guys can also not be fired. they can only resign.

attorney-general (132.2.d) and (156), this fellow can also not be fired. cannot constitutionally resign, no tribunal can touch him.
Only the state officers provisions (260)(75.2) can nail this guyz.

all of the above have no provisions to answer the questions stated via a piece of parliamentary legislation.
another question, do the Lawyer MPs (full-time state officers)(260) realize that they will constitutionally be not allowed to have any other gainful employment (77.1)
All Mushrooms are edible! Some Mushroom are only edible ONCE!
Wendz
#2 Posted : Thursday, May 13, 2010 6:21:31 AM
Rank: Elder


Joined: 6/19/2008
Posts: 4,268
@masukuma

You need to talk to a constitutional lawyer or any lawyer generally to understand that a constitution is just a guideline of what laws the government makes... otherwise, what will be the use of Acts of Parliament. The role of a constitution is to give a base of the laws that will be formed not to say the nitty gritties of all the laws and determine how many commissions there will be.... Why? Because a constitution is not just a document that every kamau otieno and wanjala will be seating under a tree to amend! If we say we need 2 reconciliation commissions - because of the level of animosity, and later we release that say the kenyans have reconciled and we only need one and the other is none functional - or we need to reduce the number of retirement age of the commissioners, then we will need to go back to change the constitution! Is that practical?

I think sometimes we are arguing out of ignorance.....
masukuma
#3 Posted : Thursday, May 13, 2010 6:58:07 AM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
@Wendz, acts or parliament, national legislation and other pieces of legislation are accounted for in the document. A piece of legislation has to be given Leeway by the constitution and for something specific e.g. Right to life (3), it says
Quote:
a person shall not be deprived of life intentionally, except to the extent authorized by this constitution or any other law.

or
Quote:

in the Kenya Human Rights and Equality Commission article it gives parliament a role to play by saying parliament shall enact legislation restructuring the commission.
they have been given an areas of operations, parliament does not have a Carte Blanche to do whatever they want. the Constitution gives them leeway on some matters expressly stated.
Actually, i have passed all this through lawyers who cannot answer.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
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