Dr. Chaloka Beyani, the United Nations Special Rapporteur on the Human Rights of Internally Displaced Persons is currently visiting Kenya till 27 September 2011.
This come in the wake of the second round of confirmation hearings at the International Criminal Court
http://www2.ohchr.org/english/issues/idp/index.htm
Wandeto Law is a blog meant to share views, insight and experiences in Employment and Labour Law. As we practice law at Wandeto & Co. Advocates and Legal Consultants. We always seek to help clients prevent and manage employment and corporate disputes through Preventive Lawyering. Therefore, our practice is highly advisory our services range from due diligence legal compliance, industrial relations management, dispute resolution and constitutional compliance. info@wandetolaw.co.ke
Wednesday, September 21, 2011
Tuesday, September 20, 2011
The Executive cannot interprete the Constitution.
The Executive has recently proposed amendments to the Constitution, i still wait for the draft Bill. But in the meantime, i have some thoughts.The role of the executive's basic role is to enforce the law including the constitution. The executive has usurped the role of the Judiciary by interpreting the constitution and concluding that elections should be held in December 2012, instead of August 2012 as clearly stated in the constitution. By suggesting December 2012 as the elections month, the executive has gone beyond the plain letter of the constitution.
In addittion the executive has read the constitution (as we all have) and concluded that the one-third gender rule cannot possibly be implemented. Recalling that the High Court recently ruled on this principle in the case of Federation of Women Lawyers (FIDA) and Others v Attorney General and Others. The court stated that parliament ought to be afforded time to enact legislation to enforce the principle.
The executive should therefore only act after the judiciary has conclusively ruled that elections must be held in December 2012 and that it is next to impossible to implement the one-third rule in Article 27.
Constitutional amendments at this stage are therefore unlawful and are not in the best interests of this country.
In addittion the executive has read the constitution (as we all have) and concluded that the one-third gender rule cannot possibly be implemented. Recalling that the High Court recently ruled on this principle in the case of Federation of Women Lawyers (FIDA) and Others v Attorney General and Others. The court stated that parliament ought to be afforded time to enact legislation to enforce the principle.
The executive should therefore only act after the judiciary has conclusively ruled that elections must be held in December 2012 and that it is next to impossible to implement the one-third rule in Article 27.
Constitutional amendments at this stage are therefore unlawful and are not in the best interests of this country.
Thursday, September 15, 2011
Should Parliament Amend the Constitution
In my recent post, i highlighted that it is possible for parliament as presently constituted to amend the constitution. We now explore the question whether parliament should indeed do so.
Prior to this we also need to establish in whose interests such an amendment is proposed. Who is the ultimate beneficiary? Who will celebrate? Will the process elicit the same enthusiasm Kenyans had on 4 & 27 August 2010. Did the drafters of our constitution, in the very least, expect the Constitution to be amended in one year.
Needless say, any proposed amendment is not in the best interests of this country. We have one weapon, public participation. It is the shield with which we must stop any arrows of the adversary.
Prior to this we also need to establish in whose interests such an amendment is proposed. Who is the ultimate beneficiary? Who will celebrate? Will the process elicit the same enthusiasm Kenyans had on 4 & 27 August 2010. Did the drafters of our constitution, in the very least, expect the Constitution to be amended in one year.
Needless say, any proposed amendment is not in the best interests of this country. We have one weapon, public participation. It is the shield with which we must stop any arrows of the adversary.
Wednesday, September 14, 2011
Can Parliament amend the Constitution?
It is reported that Parliament has approved a Constitutional Amendment Bill. Details are still scanty, but the question we need to answer is whether Parliament has the authority to amend the Constitution at this stage. This post is less concerned with the question whether Parliament should amend the constitution.
The constitution can only be amended Parliament, that is the National Assembly and Senate. According to the transitional clauses the current National Assembly has authority to act both as the National Assembly and the Senate. The proposed amendments will address Article 27, 81, 101 and 136 of the Constitution. Article 27 (of the Bill of Rights) is the equal protection cause and therefore protected clause. This means that an amendment must be approved through a referendum. I estimate that it will be an uphill task to amend this constitution at this stage.
Of critical importance is the requirement that the public must be involved in the process. The Commission on Implementation of the Constitution (C.I.C) must be involved since we are still in the transition period. Kenyans must remain eternally vigilant and Parliament must know that we are watching keenly. The judiciary must be ready to interpret the letter of the law as it is, once called upon to do so.
My interim thoughts.
Monday, June 27, 2011
Constitution must safeguard our values for future generations
As we implement the Constitution it must not be lost on us to jealously safeguard the values we esteem as a country. We must be guided by the fundamental question: What laws are we enacting for future generations? What values are we passing on to the next generation.
This i believe has to involve moral, social and political considerations. Overemphasizing one consideration at the expense of the others will only lead to stunted growth towards a free society. Ignoring one consideration as a nuisance will lead this nation towards the road of perpetual destruction.
This i believe has to involve moral, social and political considerations. Overemphasizing one consideration at the expense of the others will only lead to stunted growth towards a free society. Ignoring one consideration as a nuisance will lead this nation towards the road of perpetual destruction.
Monday, May 16, 2011
Is ICC a International Political Court?
The Prosecutor of the International Criminal Court was requested by the United Nations Security Council to conduct investigations on alleged International Crimes in Libya, on or about 15 March 2011.
A few minutes ago, it was confirmed that the Prosecutor will seek arrest warrants against Muammar Gaddafi. It is surprising how the Prosecutor was able to gather evidence in such a short time. The process generally raises more questions than answers.
I do not support what Gaddafi is doing to his own country men. But as a nation that has brushed shoulders with the ICC, we must consistently analyze every action taken by the court since we are an interested party, to learn the psychology of the court.
My view is that the court is undoubtedly under the control of certain nations of the world. It is not an independent court particularly as relates to Africa. This has been a fear but it's now a conviction.
African countries must come up with an alternative mechanism of dealing with grave human rights atrocities.
I am passionate about Africans taking charge of their own problems and opportunities, and certainly this does not include the ICC.
A few minutes ago, it was confirmed that the Prosecutor will seek arrest warrants against Muammar Gaddafi. It is surprising how the Prosecutor was able to gather evidence in such a short time. The process generally raises more questions than answers.
I do not support what Gaddafi is doing to his own country men. But as a nation that has brushed shoulders with the ICC, we must consistently analyze every action taken by the court since we are an interested party, to learn the psychology of the court.
My view is that the court is undoubtedly under the control of certain nations of the world. It is not an independent court particularly as relates to Africa. This has been a fear but it's now a conviction.
African countries must come up with an alternative mechanism of dealing with grave human rights atrocities.
I am passionate about Africans taking charge of their own problems and opportunities, and certainly this does not include the ICC.
Friday, February 25, 2011
Without a doubt
This year one of my favourite songs is "Without a Doubt". At one point the singer sings "...without a doubt, i have had my doubts".
Without a doubt, we are undergoing the first hurdle toward implementing the constitution. The matter of appointments to the positions of Chief Justice, Attorney General, Director of Public Prosecutions and Controller of Budget has raised constitutional, political, governance and judicial issues that must be analysed critically.
Without a doubt, the question of separation of posers between the Judiciary, Parliament and Executive has been under intense discussion. The jurisdiction (extents and limits) of the High Court and the Speaker has come under scrutiny.
Without a doubt, the President started on the wrong footing and it will be interesting to see whether he will respect the Constitution this time round.
Without a doubt, as we discuss the above issues of national and regional importance, we must be guided by the principles of rule of law, good governance, openness and transparency and constitutionalism.
Without a doubt i shall continue to interrogate these issues.
Without a doubt, we are undergoing the first hurdle toward implementing the constitution. The matter of appointments to the positions of Chief Justice, Attorney General, Director of Public Prosecutions and Controller of Budget has raised constitutional, political, governance and judicial issues that must be analysed critically.
Without a doubt, the question of separation of posers between the Judiciary, Parliament and Executive has been under intense discussion. The jurisdiction (extents and limits) of the High Court and the Speaker has come under scrutiny.
Without a doubt, the President started on the wrong footing and it will be interesting to see whether he will respect the Constitution this time round.
Without a doubt, as we discuss the above issues of national and regional importance, we must be guided by the principles of rule of law, good governance, openness and transparency and constitutionalism.
Without a doubt i shall continue to interrogate these issues.
Monday, January 10, 2011
African Nations can solve their challenges!
Kenya has finally enacted the critical laws to foresee the implementation of the constitution. The Commission on Implementation Commission, Revenue Commission and Judicial Service Commission are now in place. I congratulate all those who have seen Kenya through this first stage. I know that the road ahead will not be smooth but we can make it, we must make it.
Ivorycoast has post-election challenges, South Sudan is undertaking a referendum for either separation or unity with the government in the North. In DRC Congo President Joseph Kabila wants parliament to remove the requirement for a run-off in case neither party gathers the required 50 percentage, reason being, to avoid the Ivorycoast scenario.
I am of the conviction that as Africans we can manage our challenges. We do not need developed partners and the United Nations to lecture us. We know what we need and we should go for it. Although our developed partners may not treat us as equal partners, African countries must treat themselves as equal partners.
Let us work together for a better African continent.
Ivorycoast has post-election challenges, South Sudan is undertaking a referendum for either separation or unity with the government in the North. In DRC Congo President Joseph Kabila wants parliament to remove the requirement for a run-off in case neither party gathers the required 50 percentage, reason being, to avoid the Ivorycoast scenario.
I am of the conviction that as Africans we can manage our challenges. We do not need developed partners and the United Nations to lecture us. We know what we need and we should go for it. Although our developed partners may not treat us as equal partners, African countries must treat themselves as equal partners.
Let us work together for a better African continent.
Wednesday, December 8, 2010
Discrimination must stop at the bottom and top.
The theme for this years International Human Rights Day is Speak Up....Stop Discrimination.
Well if discrimination has to stop it has to start at the bottom. In our offices, homes, villages, social clubs, village barazas, matatus, planes, the list is endless. In addition we must also address discrimination by the state. This approach is well captured by Article 27 (3) and (4) of the Constitution of Kenya 2010.
In the past more effort has been directed towards addressing discrimination by the state. The government was active in violation human rights. State machinery was used as a tool to oppress and suppress the voice of reason. Torture by the state was the order of the day. Tribalism and nepotism was allowed. Corruption gained popularity.
Article 22 of the Constitution allows individuals to take a case in court if their fundamental rights are or likely to be violated. The article also allows the court to listen to cases where informal documents are presented eg letters. This moves away from the procedural requirement of using pleadings only. It accommodates the illiterate. Article 23 allows parliament to make a law to give subordinate (read magistrates) courts power to listen to cases on enforcement of fundamental rights. In the past this power was only given to the High Court.
The letter and spirit of the constitution is that rights should be realised at the lowest level of society. Individuals should be to speak up. If we fail to realise this, i believe human rights advocacy in Kenya will be less effective. We must tell both individuals and the state to Stop Discrimination.
Partly, i say this because i am looking for placement to further my training as an advocate. A friend warned me that i should never apply in certain offices since they are obviously biased. I casually ignored since i believe i can work any where and any time and i am the best at what i do. Latter a friend narrated how he had been frustrated by the obvious discrimination as he looked for the same opportunity.
That is why i dare say that if individuals do not stop discrimination, the state wont either. The state is not run by animals or robots, it is run by individuals. Discrimination by the state is perpetuated by individuals.
Good people stop discrimination.
Well if discrimination has to stop it has to start at the bottom. In our offices, homes, villages, social clubs, village barazas, matatus, planes, the list is endless. In addition we must also address discrimination by the state. This approach is well captured by Article 27 (3) and (4) of the Constitution of Kenya 2010.
In the past more effort has been directed towards addressing discrimination by the state. The government was active in violation human rights. State machinery was used as a tool to oppress and suppress the voice of reason. Torture by the state was the order of the day. Tribalism and nepotism was allowed. Corruption gained popularity.
Article 22 of the Constitution allows individuals to take a case in court if their fundamental rights are or likely to be violated. The article also allows the court to listen to cases where informal documents are presented eg letters. This moves away from the procedural requirement of using pleadings only. It accommodates the illiterate. Article 23 allows parliament to make a law to give subordinate (read magistrates) courts power to listen to cases on enforcement of fundamental rights. In the past this power was only given to the High Court.
The letter and spirit of the constitution is that rights should be realised at the lowest level of society. Individuals should be to speak up. If we fail to realise this, i believe human rights advocacy in Kenya will be less effective. We must tell both individuals and the state to Stop Discrimination.
Partly, i say this because i am looking for placement to further my training as an advocate. A friend warned me that i should never apply in certain offices since they are obviously biased. I casually ignored since i believe i can work any where and any time and i am the best at what i do. Latter a friend narrated how he had been frustrated by the obvious discrimination as he looked for the same opportunity.
That is why i dare say that if individuals do not stop discrimination, the state wont either. The state is not run by animals or robots, it is run by individuals. Discrimination by the state is perpetuated by individuals.
Good people stop discrimination.
Saturday, November 27, 2010
Is the implementation of the Constitution a political process?
Well i have been thinking, should politics be the principle guiding factor in the implementation of the Constitution. Politics has the potential to hold the process hostage.
Thursday, November 25, 2010
International Human Rights Day, December 10, 2010.
The world commemorates the International Human Rights Day on 10.12.2010. This year's theme is 'Speak up Stop Discrimination'. The various streams include: Discrimination against indigenous people, migrants, minorities, people with disability, women and religious and racial discrimination.
In Kenya the Constitution now expressly prohibits discrimination. Human dignity, inclusiveness, equality, non-discrimination and protection of the marginalised are part of our national values under Article 10 (2) b). Article 27 provides for the right to equal treatment and freedom from discrimination.
I believe that our greatest challenge is to apply and enforce the safeguards in the constitution, to ensure that discrimination is eradicated. We live at a time when discrimination by the state and individual citizens is rampant. It is our role to work for a society where people are treated as people, as God sees them. I am reminded that God does not love me more than my neighbour, he paid the same price for all. I believe that this is the culture we should cultivate. It may take time but we will get there if we work together.
Follow what various intentional, national and regional organisations are doing to mark this day.
http://www.ohchr.org/EN/NewsEvents/Pages/HRDay2010.aspx
In Kenya the Constitution now expressly prohibits discrimination. Human dignity, inclusiveness, equality, non-discrimination and protection of the marginalised are part of our national values under Article 10 (2) b). Article 27 provides for the right to equal treatment and freedom from discrimination.
I believe that our greatest challenge is to apply and enforce the safeguards in the constitution, to ensure that discrimination is eradicated. We live at a time when discrimination by the state and individual citizens is rampant. It is our role to work for a society where people are treated as people, as God sees them. I am reminded that God does not love me more than my neighbour, he paid the same price for all. I believe that this is the culture we should cultivate. It may take time but we will get there if we work together.
Follow what various intentional, national and regional organisations are doing to mark this day.
http://www.ohchr.org/EN/NewsEvents/Pages/HRDay2010.aspx
Tuesday, November 23, 2010
Violence or Diplomacy: What should Kenyans embrace
Yesterday i indicated that the tide in Human Rights advocacy. In the past the Moi regime could only respond to demonstrations. But not with an offer to negotiate rather brutal force. My father was a victim during the Sabasaba (July 7) day in 1992.
However if diplomacy is embraces citizens will also result to the rule of law. Today all that people know is to shout 'haki yetu' (our rights). Well it is positive since citizens are now keen to enforce their rights. But the disadvantage is that people have learnt the road to violence as the only sure way to enforce rights. Case in point is the ongoing killings in Kisii.
Therefore if human rights actors strongly embrace dialogue especially with the state, people will follow suit. People in Kisii will for example talk to suspected witch doctors and then if there is reasonable proof take the suspect to the police. At least i know that even God does tell us 'come let us reason together'.
Let us reason together as we fight for justice and good governance.
However if diplomacy is embraces citizens will also result to the rule of law. Today all that people know is to shout 'haki yetu' (our rights). Well it is positive since citizens are now keen to enforce their rights. But the disadvantage is that people have learnt the road to violence as the only sure way to enforce rights. Case in point is the ongoing killings in Kisii.
Therefore if human rights actors strongly embrace dialogue especially with the state, people will follow suit. People in Kisii will for example talk to suspected witch doctors and then if there is reasonable proof take the suspect to the police. At least i know that even God does tell us 'come let us reason together'.
Let us reason together as we fight for justice and good governance.
Monday, November 22, 2010
A new strategy to Human Rights advocacy
The struggle for a free society has in the past witnessed mass demonstrations that often turned bloody. Successive regimes were quick to result to violence. Over time citizens used force as the only sure way to express displeasure with the state. These were the days of torture chambers and riot police. I believe the climax of this sad history was the post-election violence of 2007/2008. The constitution now recognises the right to demonstrate and petition the state, and this is a progressive move. This approach was resulted to due to the state's attitude of using brutal force. Case in point is the hunger strike by Prof Wangari Maathai and other women on Uhuru Park.
However it is important to recognise that the tide in human rights advocacy is changing. Diplomacy is slowly taking centre stage. If we are to succeed in protecting the constitutional rights, we have to talk to one another. Non-violent action has to be our last result.
However it is important to recognise that the tide in human rights advocacy is changing. Diplomacy is slowly taking centre stage. If we are to succeed in protecting the constitutional rights, we have to talk to one another. Non-violent action has to be our last result.
Saturday, November 13, 2010
No room to extend parliament's term beyond August 2010
Does the Constitution allow the current national assembly to extend its term? This can only be answered through the sixth schedule. Clause 2 suspends certain provisions in Chapter 6 and 7. However the clause does state that the next elections must be held under the Constitution. Elections under the Constitution must be held in August 2010. The president, prime minister and members of parliament must vacate office in August to retire or seek re-election.
Saturday, October 30, 2010
About the TJRC during Peace time and imputy of Old Kenya.
On 25th January 2010, i attended a briefing session with the Truth Justice and Reconciliation Commission (TJRC). The Commission is headed by Amb. Bethwell Kiplagat. I particularly remember the challenge posed by Betty Murungi (who latter resigned as Vice Chairperson of the Commission). She stated that the TJRC, unlike other truth Commissions in the world, was working when the country was experiencing relative peace. She continued to note that this is a unique case and it will be interesting to see whether it fulfils its mandate.
Kenyans know what the TJRC has turned to. The parliamentary committee on legal affairs has given the Commission 72 hours to resolve all manner of controversy surrounding it. This means that the Commission has up to Monday 1st November 2010 to clean its house or risk dissolution by parliament.
Again we all know that this is in connection to the Chairman's suspected involvement (directly or indirectly) in the Wagalla Massacre. I have in previous posts argued that unless Amb. Kiplagat vacates office of Chairperson, TJRC will never work to fulfill its core mandate. I have condemned the hiring of victims as statement takers as an attempt to cover up the chairman, victim No. 1.
Back to the comment by Betty during our meeting. The reason why Commissions work with relative ease immediately after a period of war or unrest, is due to the willingness by all citizens to resolve past injustices. I believe that Kenyans quickly forgot the 2007/2008 post-election violence. If we still recall this tragic moment, it does not evoke the same sense of urgency as it did then. IDPs are a forgotten people. We even read reports that IDP resettlement funds were misappropriated. IDPs still ranguish in camps. Mr. Ocampo is yet to charge any Kenyan at the International Criminal Court, although investigations are proceeding well.Truth, Justice and Reconciliation -to resolve all historical human rights violations- is no longer a priority. I bet that the next time Kenyans will be treated to the language of Peace! Peace! Peace! is in 2012, before the elections.
Amb Kiplagat was among the first Kenyans to call for peace in 2007/2008. Today the Ambassador does waver in his quest to hold on to the position of chairman even if TJRC should collapse. This is high level impunity.
The TJRC was enacted through one of the a comprehensive legal mechanism - The Truth Justice and Reconciliation Act No 6 of 2008 (at www.kenyalaw.org). Therefore all factors remaining constant the Commission should be effective. However the chairman must resign if he truly respects Kenyans and all victims of human rights violations. Section 17 of the Act has very clear provisions on how the chairman may be removed from office.
I repeat Kiplagat must resign or the Commission disbanded. If the latter option prevails Kiplagat will never be remembered in Kenya for all his works good/bad.
Kenyans know what the TJRC has turned to. The parliamentary committee on legal affairs has given the Commission 72 hours to resolve all manner of controversy surrounding it. This means that the Commission has up to Monday 1st November 2010 to clean its house or risk dissolution by parliament.
Again we all know that this is in connection to the Chairman's suspected involvement (directly or indirectly) in the Wagalla Massacre. I have in previous posts argued that unless Amb. Kiplagat vacates office of Chairperson, TJRC will never work to fulfill its core mandate. I have condemned the hiring of victims as statement takers as an attempt to cover up the chairman, victim No. 1.
Back to the comment by Betty during our meeting. The reason why Commissions work with relative ease immediately after a period of war or unrest, is due to the willingness by all citizens to resolve past injustices. I believe that Kenyans quickly forgot the 2007/2008 post-election violence. If we still recall this tragic moment, it does not evoke the same sense of urgency as it did then. IDPs are a forgotten people. We even read reports that IDP resettlement funds were misappropriated. IDPs still ranguish in camps. Mr. Ocampo is yet to charge any Kenyan at the International Criminal Court, although investigations are proceeding well.Truth, Justice and Reconciliation -to resolve all historical human rights violations- is no longer a priority. I bet that the next time Kenyans will be treated to the language of Peace! Peace! Peace! is in 2012, before the elections.
Amb Kiplagat was among the first Kenyans to call for peace in 2007/2008. Today the Ambassador does waver in his quest to hold on to the position of chairman even if TJRC should collapse. This is high level impunity.
The TJRC was enacted through one of the a comprehensive legal mechanism - The Truth Justice and Reconciliation Act No 6 of 2008 (at www.kenyalaw.org). Therefore all factors remaining constant the Commission should be effective. However the chairman must resign if he truly respects Kenyans and all victims of human rights violations. Section 17 of the Act has very clear provisions on how the chairman may be removed from office.
I repeat Kiplagat must resign or the Commission disbanded. If the latter option prevails Kiplagat will never be remembered in Kenya for all his works good/bad.
Saturday, October 23, 2010
Heko Mashujaa
Maneno Law salutes all past and present Mashujaa. Particularly those who withstood human rights violations to liberate our land. We celebrate all Kenyans who have championed the course of justice and equality. We celebrate Prof Wangari Maathai for her zeal, passion and sacrifice for justice and environmental conservation. We celebrate all victims of Nyayo torture chambers for their sacrifice. We salute all victims of the 2007/2008 post-election violence for their hope amidst despair. We celebrate Justice Philip Waki for his demonstrating that a commission of inquiry can be effective.
We celebrate Prof Yash P. Ghai a wonderful constitutional expert. We celebrate Rev. Timothy Njoya a true cleric and fighter. We celebrate Paul Tergat. We salute Hon John Michuki, a great public officer. We celebrate Mzee Maruge whose sunset years taught Kenyans the value of education (and reading the bible). We salute all police officers who enforce the law fairly without favouritsm or bribes.
We salute all Kenyans who respect the rights of their brothers and sisters, uphold the Constitution and work hard to pay taxes. We salute all young and energetic Kenyans who remain true to the dream of our forefathers.
I celebrate Reuben Kigame.
I salute my grand father Mzee Wandeto.
We celebrate Prof Yash P. Ghai a wonderful constitutional expert. We celebrate Rev. Timothy Njoya a true cleric and fighter. We celebrate Paul Tergat. We salute Hon John Michuki, a great public officer. We celebrate Mzee Maruge whose sunset years taught Kenyans the value of education (and reading the bible). We salute all police officers who enforce the law fairly without favouritsm or bribes.
We salute all Kenyans who respect the rights of their brothers and sisters, uphold the Constitution and work hard to pay taxes. We salute all young and energetic Kenyans who remain true to the dream of our forefathers.
I celebrate Reuben Kigame.
I salute my grand father Mzee Wandeto.
Wednesday, October 6, 2010
Maneno joins Bloggers Unite
Hi friends, this is to inform you that Maneno Human Right has joined the larger family of bloggers - BLOGGERS UNITE.
I have joined as a participant of the International Human Rights Day, celebrated on December 10th, sponsored by Amnesty International. My main goal is to ensure that people appreciate the need for public education on the Constitution we enacted recently.
You may follow my comments on the blog as we work hard to ensure that Kenyans are enlightened to demand and respect human rights.
BLOGGERS UNITE http://www.bloggersunite.org/
User Name : Wandeto
Good day.
I have joined as a participant of the International Human Rights Day, celebrated on December 10th, sponsored by Amnesty International. My main goal is to ensure that people appreciate the need for public education on the Constitution we enacted recently.
You may follow my comments on the blog as we work hard to ensure that Kenyans are enlightened to demand and respect human rights.
BLOGGERS UNITE http://www.bloggersunite.org/
User Name : Wandeto
Good day.
Monday, October 4, 2010
Structure of government under the Constitution of Kenya.
Maneno H.R has deliberately chosen to focus on the Constitution adopted by Kenyans on 04.08.2010. I have talked to many people who have confessed that they have not laid a finger on the Constitution after the referendum. A friend was brutally honest and told me " this constitution is for you lawyers". It is our duty to invest in civic education so that people understand the constitution that governs them. Today lets examine the structure of government. Note however that county governments will start operating from 2012 after the general elections.
The power exercised by state officers in parliament, executive and judiciary is delegated to them by the people, Article 1 of the Constitution.
NATIONAL GOVERNMENT
other tribunals - Subordinate Courts (Magistrate court, Kadhi court and Court Martial)
COUNTY GOVERNMENTS
Have a governed day.
The power exercised by state officers in parliament, executive and judiciary is delegated to them by the people, Article 1 of the Constitution.
NATIONAL GOVERNMENT
- Executive (Chapter 9) The executive is made up of the Cabinet. The cabinet is composed of the President, Deputy-president, Attorney - General and Cabinet Secretaries.
- Parliament (Chapter 7). Parliament is composed of the National Assembly and Senate.The national assembly shall consist of 290 elected MPs, 47 elected women representatives, 12 nominated MPs and the speaker who is an ex-officio member. The senate is composed on 47 elected senators, 16 women nominated by political parties, one man and one woman representing the youth, one man and one woman representing persons with disabilities and the speaker who is an ex-officio member.
- Judiciary (Chapter 9). The structure of courts is as follows
other tribunals - Subordinate Courts (Magistrate court, Kadhi court and Court Martial)
COUNTY GOVERNMENTS
- County Executive Committee (Article 179). It is composed of Governor, Deputy Governor and 1 - 10 members appointed by the governor with approval of the County Assembly (Equivalent to Cabinet Secretaries at the National Executive).
- County Assembly (Article 177). The assembly is composed of one member elected from every ward in the county, special seats to ensure that the a third gender rule is obeyed, members representing marginalised communities and persons with disabilities and the speaker.
Have a governed day.
Sunday, October 3, 2010
Elections 2012 know how many leaders Kenyans will elect.
After the contest, that was the referendum, it is important that we all invest in educating our people on the contents of our constitution. Public education will be key to the successful implementation of the Constitution since citizens will make informed demands.
Today i examine elections 2012. Specifically the total number of leaders Kenyans will elect in 2012.
The National Executive and County Executive Committee.
Parliament - National Assembly and Senate
Today i examine elections 2012. Specifically the total number of leaders Kenyans will elect in 2012.
The National Executive and County Executive Committee.
- At the National level, we shall elect the President who heads the national executive- Article 136 to 138.
- At the County level, a Governor is elected in every county - Article 180.
Parliament - National Assembly and Senate
- A member of parliament from every constituency - Article 97.
- Woman representative from every County - Article 97.
- Senator (who represents the County in the senate) - Article 98 (1) (a).
- A member of the assembly from every ward - Article 177 (1) (a).
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