The draft harmonized Kenya Constitution appears to be here after twenty years of struggle. Wananchi are supposed to study the document and make further recommendations to the Committee of Experts (CoE). Today, the Kenyan government circulated a copy of the Constitution to Kenyans at home and abroad.
KSB was not left behind and our readers have the opportunity of downloading a pdf version of this all important document. If adopted, the document will put to an end governance in Kenya under a Constitution which was designed under conditions of colonialism and which did not put into consideration numerous aspects of Kenyan life that were bound to change with time.
For example, the Colonial style Constitution did not envisage a situation where Kenyans would leave the country in large numbers to become known as “Kenyans in Diaspora”. An estimated 2 million Kenyans in Diaspora have been putting their case since the struggle for a new constitution began and these efforts seem to be on the verge of producing results.
Although an amendment was made on the colonial style Constitution to accommodate the new political situation that introduced the post of Prime Minister after the PEV, the harmonized draft takes the matter a notch higher and entrenches the PMs Office in the Constitution. It also introduces rules and guidelines for the PMs Office, a good move forward in Kenya’s democratization process.
Another new item in the draft is the recognition of political parties together with a line-up of rules for setting up parties. For Kenyans in Diaspora, there is one important entry.
The issue of dual citizenship is well taken care of and if nothing is changed after the draft goes through a National Referendum, Kenyans will be able to enjoy the privileges of dual citizenship. Those who took up other citizenships before the new Constitution was crafted will have an opportunity to reclaim their Kenyan citizenship, a welcome news for Kenyans in Diaspora. Read more about the Draft by downloading it HERE.
Okoth Osewe
ALTERNATIVE DOWNLOAD LINK:
About the Author
Just finished reading the draft and I am impressed that it addresses what many Kenyans have continuously echoed. The adoption phase will be the hardest, considering the perpetual political party wrangles.
As you read along, take note of the following:
The presence of the same issues proposed in the Wako and Kilifi drafts (whose main goals were to maintain the status quo and further entrench it under a new dispensation).
Strategic creation of new constituencies in certain regions – with inflated population figures to achieve mandatory percentage threshold for winning (presidential elections), CHAPTER 14.
Proportional representation vis-à-vis resource allocation in the proposed devolved system CHAPTER 14.
Constituency boundaries (ethnic balkanisation for political expediency) CHAPTER 14 part 5.
Executive powers (likely to be abused – as you have noted since 1963) CHAPTER 12.
Regulatory and accountability measures within the system – CHAPTER 9 and 13 and 15 on pubic finance.
Integrity of the electoral system – that it will respect your rights before and after voting CHAPTER 10.
Public services and tax payment – CHAPTER 16.
Change is possible in Kenya but only if tackled from two fronts:
Structural (emancipatory governance system)
Attitudinal- (including the necessary political will of the Kenyan ruling elite).
Systems only work for the well-being of the people if humanized and the human element is what the attitude is about.
A new constitution is possible to have (in writing) but its application in the everyday life of Kenyans will depend on the attitude of Kenyans towards each other, governance and the rule of law, but most important, when they recognize the bitter truth that Kenya belongs to all who belong in it.
This is the best dream come true for Kenyans.
Am very much impressed with this new draft and hop we all agree to impliment it as soon are possible because it’s far much better than any other before.
I call upon all Kenyans to adopt this draft and the President to proclaim it without undue courses.
despite the draft being overly good document, the question of executive powers is still a thorny issue that must not be overlooked. If the President or the PM derive are eletced directly by the citizens, My assupmtion is that whoever gets elected directly assumes peoples’ authority while the other gets it from the parliament where he is elected or otherwise.
The journey 2 the draft has bn too long there4 I urge Kenyans 2 read it careful & air their views & try not 2 politicise
my comment in the document is the fredom of warship chapter.to my view warshipers has been missguided if not abused by being made to belive by various churches toughaut being a victim of stroke I’ve always blamed our govmnt in watching its sick n desperate citizens cheated in our national televisions of an imaginaly healing powers without intervining n arrest this irritatting n unbearable behaviour.if this so heallers r 4 real they should begin with KENYATTA hospital n discharge those poor n dying kenyans.pls if surely we love God almighty let’s respect his teaching thu the bible
This is what I and Believe other Kenyans have been waiting for. It is in my view that the Harmonised draft constitution will restore the hopes of having a better life in this country. It is my humble prayer that politicians will let the will of Kenyans to prevail when the dawn of refferundum reaches.
I am concerned, how is parliament expected to enact provisions for their own petitioning? dont you think they will make it more dificult
Right to petition Parliament
(2) Parliament shall make provision for the procedure for the exercise of
this right.
I DONT UNDERSTAND WHAT THIS FUSS ABOUT THE EXECUTIVE PRIME MINISTER IS ALL ABOUT.BY THE WAY, IF THEY ARE SHARING POWERS WITH THE PRESIDENT, IT MEANS THAT THEY WILL HAVE TO CONSTANTLY CONSULT EACH OTHER AND THUS NON WILL BE ABLE TO FUNCTION FULLY WITHOUT THE OTHER.THIS IS GOOD FOR KENYA.
THANK YOU
KSB: Ndugu Mwangi, thanks for your views. Take note that you do’t have to write in upper case. Doing so amounts to “screaming” and I doubt whether this is what you wanted to do.
We real need to open our minds and think beyond Raila as the Prime Minister and Kibaki as the president when discussing the powers of the president and the prime minister in the constitution .I sincerly support the idea of an executive president, my opinion based on the history of our previous parliaments and their inability to think above tribe. Thanks
THE constitution is good but still the age factor for someone to become a president has not been specified even though it says ‘ who qualifies to be a legislative member then qualifies. The question is at what age is that?
the constitution is like a heavenly manna, the only problem that we have is that “our Moses” is not in the same page as we are. their interests cannot allow them to pass thia draft. we will do all the necessary deliberations but where will it end? the parliament!!!!!!!!!
Who will pay all those mps senators, cabinet ministers they are very many. If not the tax payer then its ok This is not real.
the issue of prime minister sharing power with president! dont you see this is a dirty old trick!at all if we accept this and God answers the prayer of odm the constitution will be worthless because they wont accept Raila sharing power with his minority. for God sake dont ride on our taxes GOD forbid but in general the constitution is fare.
i don’t think if the 30 days given to Kenyan to read the harmonized constitution is not enough!take for instance am from a remote areas ie northern part of the country and i personally have been waiting for this draft but unfortunately am unable to access this important document. please show me where i will get this document!niko nyuma maze!
I’m thrilled that the minority and maginalized group has been put into consideration in the harmonised draft constitution. It’s like a maiden page in the annals of history of this country as been given room to let this vulnerable group build a sense of patriotism and optimistic nostalgia towards what this nation holds in store for them.
I think we should have one clear way concerning the executive powers. It is either we have a parliamentary system or a presidential system. This thing of trying to incorporate both will mess us u like the way it is now. If someone nominates, then let him/her appoint also. there is nothing to share there.
Hallo fellow Kenyans. First I want to acknowledge the efforts being put by the government, NGOs and other stake holders including the media in ensuring that we get a new constitution. I my opinion, this effort is due to the goodwill that we have for our country.
I would want to underscore that we should not create institutions which we cannot finance ourselves. For instance, yes we want devolution but having a parliament, senate and counties isn’t devolution!! Its actually a waste of resources!! forgive me but with that i beg to vehemently differ with the so called expects. Anyway, its only the Ugandan thats an expert
Sometimes i ask myself when will we Kenyan stop following the politician and use our own judgment to make important decisions in our life,
We finally have a constiution that captures the aspirations and dreams of the common mwananchi we should adopt it immediately and move on like other world democracies..politicians will only confuse us and scuttle th process
Adrian Obote, We already have an Executive and Parliament that suck almost all the tax revenue generated by Kenyans.It sounds hopeless but a good Constitution will get the country out of the woods.Nothing is perfect but checks and balances at the institutional level is what we need.
John #18, the executive powers are well spelt out. The Constitution is for Kenya’s future, without Kibaki or Raila.Its nota perfect Constitution, yet A good start.Have no fear.
the constitution is ok and the Kenyans should read and make their own decisitions without the influence of the Mps
the draft constitution should be supplied to all areas
Reducing a popularly elected president to a’doll’ isn’t devolving power,but masking the electorates’ own mandate bestowed on their president.
I request Kenyans to read the draft,understand it better and not to rely on political wing for interpretation.it’s not a matter of KIBAKI orRAILA over executive power let us beyond see beyond that
what we kenyans want is more time to read and understand all the contents of the draft.This time we should not let others make decisions for us based on their understanding of the draft and their own selfish gain.
The only scary thing about this constitution is the manipulation by the ‘parliamentarians’…they will capitalize on the failure by the rural folks not to either access,’read but not understand’,interpret or misconceive its contents.M.Ps are at times tools to trade with in parliament even on very important motions that could’ve been passed fail becoz of lack of quorum.This the best consti.. so far ever seen in Kenya & should sail thro’coz powers of all govt’s arms are in check.Also the gover..should send committee of persons to every province to educate the rural folk &understand consti…matters.
1.executive
propose presidential system of government with all ministers appointed from outside parliament.
members of parliament to vet all presidential appointments
the presidential election should not be direct.
the leader whose party wins majority mps in parliament becomes president.this is because fair presidential elections in kenya are unlikely due strong tribal allegence
2.devolution of power
instead of the senate i propose house of chiefs where each tribe will only be represented by one person elected by the tribe
3.the resource allocation to vet the distribution of national resources
4.all recruitment be done on quota basis to take care of the tribal balance
5.provincial administration should go in the first year of transition.
when shall we christians acknowledge the almighty GOD as the supreme leader of our nation kenya.does our constitution draft has 10% of biblical principles?let us think over this kenyans.GOD loves us.
There is no need for two centers of power. If we get President There’s opposition to keep checks and balances. If we’ve got Prime minister, Then there’s opposition to check that one too. Raila Odinga is a man whon who’s brought this country Kenya from the Dogs. He’s Kenya’s Hope. He deserves commendation. Bravo to Him
As a third generation Kenya citizen, I find the opportunity to review the constitution as an one to shape a foundation for a modern and equitable society for ourselves and posterity.
I have gone through the harmonized draft constitution, and at the onset I wish to commend the COE for their effort. I believe they achieved part of their mandate by giving us a “working document”. Let’s remember that the committee was not supposed to give us a final document. A few more steps, including the current dialogue, are yet to be covered and then we shall this time round get a broadly acceptable constitution. I have a feeling that a good constitution should be simple and as much as possible incorporate existing and acceptable practices/norms. Moreover, I see our effort as a rationalization/transformative process rather than a radical/revolutionary one.
I have few suggestions on some key issues
1. Executive
I share the sentiments of those who insist that the chief executive of this country should be elected directly by universal suffrage. Let us remember that Kenyans have been accustomed to an Executive Presidency for the last 46 years. However, we should ensure sufficient and effective checks and balances across the institutions of state, the media and civil society. Indeed I would suggest that we straight away adopt a pure presidential system with strong checks by parliament and a reformed judiciary. When I read the draft, I see this possibility. Moreover, the Bill of rights suggests that we are likely to have very strong media and civil society oversights if the draft is adopted. By the way, Botswana, a most successful democracy in Africa has a presidential system.
A pure presidential system should also come with visible independence of state institutions with the following characteristics
• An elected president and who is not a member of parliament
• A cabinet that is entirely drawn from outside parliament (ref. Rwanda model)
• A bicameral parliament that approves key decisions by the Executive (including vetting and approving all cabinet appointments (Ref USA) and protects devolved governments.
• A senior minister (call him/her, the prime minister), appointed by the president as the co-ordinator of government (Ref. Rwanda)
• The office of the prime minister will on a day to day form the interface between the executive and parliament.
• The abolition of the position of a head of public service as we know it today.
2. Parliament
I fully support a bicameral parliament.
• The National Assembly should comprise of representatives elected at constituencies/district level and include special interest representatives
• The senate should comprise of representatives elected at county levels and include special interest representatives
Note that I am taking into consideration the recent (and apparently acceptable) norm that a district should be synonymous with a constituency. How many of these units we will eventually have should be left to the independent boundaries commission.
3. Devolution
I have a feeling the proposed devolution is clumsy. I believe the dispersion of responsibilities to the regions should be in a manner that is acceptable and viable. In deed this is where the word rationalization should be applied most. I suggest the following:
• We should only have two levels of government, National and County and therefore a bicameral parliament and county assemblies
• Each county will then comprise several constituencies/districts and be governed by an elected chairman/governor. Each county shall have an Executive Officer – who shall be a civil servant. (This in my view will only be a rationalization of the current system where we are running 2 parallel, ineffective, and costly and less accountable systems –the local authorities and mainstream public service. Indeed as one member of COE said recently, a well thought out devolution will save us money. I support wholly the abolition of the Provincial Administration (and indeed the 8 provinces/regions)
• For the counties to be economically and culturally viable, we may need to revisit the districts list of around 1960s and 1970s (this should give us about 45 counties and therefore a senate of about 60 members if you include special interest representatives).
• The other advantage of reorganizing on county basis is that we will cease to make reference to the current provinces/regions – whose delineation is not only absurd but appear to polarize communities more than unite them
• County government shall have taxation power, but to start with the burden should be only to the extent allowed currently by the current by-laws (business licenses, land rates etc). This will remove the fear of additional/unforeseen constitutionally induced tax burden on the citizens
• All current assets and liabilities under county councils as current known under the Local Governments arrangement should vest in new county governments
• All infrastructure/assets under the provincial administration, as currently constituted, should vest in national security agencies (Police, Intelligence etc)
Finally, I trust that the COE has the capacity and the zeal to take us through the remaining steps of the review. Kenyans should support them in all ways
honestly 4 onece let’s all accept the good draft via mr kitonga n his team.we as kenyans we must realise as our country grows contensious issules shall always arise in any constitution so some of this matters should not continue to create room 4 endless debates n unwarranted politics.may God continue to bless all kenyans.
Till now the draft appear a scarce document in MOST higher learning institutions.I thought these are some of the places the govt could supply more copies for vital comment feed back.
Kenyatta university student
David
0726585386
constitution proposes a bloated cabinet and too many office holders who will definitely be renumerated through tax payers money this amounts to increased economic burden and contadicts the princioles of the vision 2030 or is it 3020! could be
184. (2) The Prime Minister shall present to the State President for appointment—
(c) not fewer than fifteen and not more than twenty Deputy Ministers from among elected members of the National Assembly.
(3) The Prime Minister may, in presenting Ministers for appointment under clause (2)(b), include the names of not more than ten persons who are not members of the National Assembly but who are qualified for election to the National Assembly.
Section 184 (2)(c) and 184 (3): All ministers and their deputies should be appointed from outside parliament; they should not be members of parliament (MPs). MPs should be left to deal with issues of their constituencies. Choosing ministers from among elected MPs creates a situation of “Carrot Dangling and Blackmail in parties”. Every MP will like to be appointed minister and this compomises their responsibilities as ministers as well as being MPs.Example of the likes of Hon. Magara and Hon. Monda, and many Kalenjin MPs from South Rift are disguntled because they expected Hon. Raila to appoint them ministers.
Religiong and state should be ceparated.
This country is after all acording to begining statement in the same draft a secular country. I do not think that we should let ANY religionhave any head above another. I am a christian but I do not ask for a christian court. I think the Kadhi court should remain an act of parliament…
Abortion should NOT be allowed unless and ONLY unles the health of the mother is at stake (incidentally it should then fall on the mother to then decide).
I hope these comments will also be posted
The draft overall i think is good for kenyans,what i think they should have changed is the provisions of abortion, constitution should no endose termination of life without faults,if its achoice what about suicide, is it also legal according to this proposal?
I can’nt say anything abaut draft -harmonized-constitution
what is good or bad in the draft only God will say to us.The only thing is to pray so that we kenyan’s we can agree to this harmonized constitution.Lets work together so that we can produce constitution,It’s long but lets use this chance.John 3;16 kwa maana Mungu aliupenda ulimwengu hata akamtoa Mwanawe wa pekee ila Kila amwaminiye asipotee bali awe na uzima wa milele, ‘lets love this constution’ BE BLESSED THOMAS MUKAKA OLUTALI FROM KHWISERO CONSTITUENCY
please our esteemed leaders were it that there was abortion from the past would you be existing to legalise abortion. Remember thet the lifes of the infants are as impotant as your lifes too.please may the light of God be on your eyes for you to see the usefullnes of these life today.
Its true that most kenyans have not actually read the current draft constitution.This could be due to ignorance,negligence,geographic location or just laziness.I feel some experts who should be non political in the process be employed to go round the country explaining to the citizens on the actual content and meaning of the various phrases in the draft before the actual voting.For instance the current booming issues in the draft are arbortion and kadhis court but what about the other parts of it.People should be fully informed.
The harmonized draft proves to Kenyans what they have wanted for many years.This the historical change we need therefore I urge my fellow Kenyans to vote towards it.
I am of a feeling that the church needs to be heard. It comprises of genuine Kenyan citizens, Pastors are Kenyans too, they have voter registration cards and have the right to vote. They politicians can overlook the church, but they may not force them to vote for whatever views they hold. This time round the senses of Kenyans are alert, and every view needs to be taken into consideration. We are looking at our children and their childrens’ children. History can be made either positively or negatively.
the constitution is goo.About the controversial issue of abortion,i don’t see the problem with the clause because it only allows it if the life of the mother is in danger.for those of us who are so much against the clause,i think we should talk to our daughters and sisters against the behaviors that could lead to unwanted pregnancies.Just think of a mother who died while delivering just because abortion is not allowed in Kenya?think of the rest of the kids she leaves behind.
It is about time that Kenyans should have a new constitution dispensation, any tendencies to scuttle the process is highly condemned. I thereby urge those who have not read it, to do so as this will enable them make informed decisions.
I would like to share with you a great resource that you can tell
visitors to your website.
It will allow them to read the Proposed New Constitution of Kenya.
http://katiba.mobi allows Kenyans to read the Proposed Constitution of
Kenya on their mobile phones in English and Kiswahili. They can even
search for particular words i.e arrest, family etc
Please distribute to all so we can make an informed decision come the
Referendum.
A very important opportunity for all Kenyans lets make it real and have this constitution.
A new Kenya, vote YES for the new constitution. It has more to unite us and addresses majority of our woes. Stand up kenyans and be counted. Let us forget the colonial past and embrace our own destiny. Time is NOW, LET US HAVE A NEW DAWN OF SELF GOVERNANCE…. OUR NEW CONSTITUTION, OUR NEW LIFE. GOD BLESS KENYA
How r u men?,basi, me sina mengi ya kusema. i wud only like to comment on one issue. this constitution maze, itachange maisha ya wadozi tu lakini si mnyonge. the reason being that you should think of the reason,kings
How are you ladies and gentlemen.kwanza kabisa, ningependa kutoa rambirambi zangu kwa waendazao, george saitoti na orwa ojode, secondly, im confident to confirm to you that you are confident to confirm to me the great importance of this new constitution.hav a nice yep!