MatUGA
MatUGA
MatUGA
Preface…………………………………………………………………….. i
1. District Context………………………………………………………… 1
2. Constituency Profile………………………………………………….. 1
Matuga is one of the constituencies in Kwale District. Kwale District is one of the 7 districts of
the Coast Province of Kenya.
2. CONSTITUENCY PROFILE
The constituency has gained from the tourism boom. This is as a result of then many beach
hotels.
The area is a KANU stronghold. In the 1992 and 1997 general elections, KANU took the seat with 66.05% and 59.15% of
valid votes respectively. In 2002, the National Rainbow Coalition took the seat.
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2.3. 1992 General Election Results
3.1.1. Philosophy
The Constituency Constitutional Forum (CCF) plays a very significant role in the review of the
constitution. It is designated as one of the organs ‘ through which the review process shall be
conducted’ - (sec. 4(1) of the Constitution of Kenya Review Act, Cap.3A). The importance
attached to the CCF arises from the recognition of the need to involve the people fully in the
review of the constitution. Only through such participation of the public will the new
constitution reflect the preferences, hopes and aspirations of the people. It would also increase
people’s knowledge of constitutional issues, and facilitate their familiarity with the provisions of
the new constitution. Additionally, the process, enhances the legitimacy of the constitution
among Kenyans and their sense of ownership over it. In these ways the proper implementation
and safeguarding of the constitution will be facilitated.
The 1997 Review Act had provided for district forums ‘to mobilize communities at the local level
for the purpose of civic education in preparation for the Commission’s work and to perform such
other duties as the Commission may assign’ - (sec. 12A (6). The District Forums were to consist
of members elected to represent locations, religious organizations, and the disabled, in addition
to MPs and members of every local authority in the district. The Act contained several provisions
prescribing minimum qualifications for membership and regulating the operations of the District
Forums.
The Select Committee of the National Assembly, which reviewed the Act in early 2000, decided to
replace the District Forums with Constituency Forums to get views ‘ directly from the people in
the constituency without necessarily going through the rigours of an election to determine the
members of the forum’. It thought that this would provide for a more popular form of
participation. It recommended on the simplification of the forum to avoid elections. The Select
Committee envisaged the constituency forum as and ‘open forum with no specific structures’,
which should be ‘ flexible and easy to manage’. Its opinion was that the ‘existing leadership
comprising Members of Parliament, councilors, community based organizations, religious groups
and individuals should be able to present views and opinions directly from the grassroots’ ( The
Report of the Parliamentary Select Committee Reviewing the Constitution of Kenya Review
Act,1997 , April 2000). It removed the regulatory powers of the Commission over the forum, its
role being confined to the ‘facilitation’ of the forum. It also changed the function of the forum
from the facilitation of civic education to also include facilitation and the collection of the views of
the public on proposals to alter the constitution.
In view of the limited role of the CKRC in the establishment of the CCF’s, the CKRC prepared
and gazetted Guidelines for the operationalization of the constituency constitutional forums. The
Guidelines stipulated that all the residents of a constituency would constitute the CCF. The CCF
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is described as one of the organs ‘ through which the review process shall be conducted’ -
(sec.4(1)). The CCF was thus one of the principal ways in which the views of the public were to be
obtained.
In order to coordinate and facilitate the activities of the CCF, a Constituency Constitutional
Committee (CCC) was to be established. The Guidelines proposed its membership to consist of
10 persons, of which three would be ex-officio: the local MP, the chair of the County Council in
which the constituency is located, and the District Coordinator. The Guidelines stated that the
membership would be as broad and representative of the people of the constituency as possible
and recommended that at least a third of the committee should be women.
• Facilitation of collection of the views of the public at the constituency level on proposals to
alter the constitution; and
• Debate and discussion of the views of the members of the public on proposals to alter the
constitution.
In performance of these functions, the CKRC was required to visit all constituencies (Sec.18
(1)(a)).
• The functions of the CCC were mainly facilitative and advisory, the primary aim being to
enhance the effective participation in the ownership of the constitution review process by the
people at the constituency level;
• The CCC was also mandated to promote, facilitate and monitor civic education at the
constituency level in collaboration with the District Coordinator and civic education providers;
• Additionally, the CCC had to ensure that the constituency had access to all information
relevant to the review process in coordination with District Documentation centers; and
• Finally, the CCC was also mandated with the task of dissemination of the report of the CKRC.
It was to be assisted in this by the District Coordinator, who was also its accounting officer, in
relation to funds that were made available to it by CKRC.
It is important to emphasize that the Guidelines were advisory, and the local community was free
to modify them to suit local circumstances. For example, the size of the CCC could be increased
when and if adequate representation and diversity required it.
The Constituency Constitutional Forum (CCF) was to run for an initial period commencing
November 2001 up to September 2002. Accordingly, each Constituency Constitutional
Committee (CCC) should have been constituted at the very latest by the end of November 2001.
The Constituency Constitutional Forum was to be operational by that time.
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• Be the local grass root representative;
• Perform the generalization activities in the district;
• Be in charge of the documentation center/s in the district, facilitate its/their respective
management, ensuring they are stocked and are easily accessible to the public and also
organize their safety and security;
• Gathering any relevant local information and materials for the purpose of constitution
making;
• Facilitate the identification, classification and organization of the physical and electronic
retrieval and dissemination of information and materials for constitution making;
• Supply such information needed by local constituency forums and committees;
• Liaise with other documentation centers nearby and others for information;
• In collaboration with constituency committees, identify and arrange venues for public hearing
whenever the CKRC visits the constituencies in their area;
• Facilitate regular meetings of the constituency committees and involve local people as much
as possible in discussing constitutional issues;
• Source and identify other key personnel that the CKRC may wish to consult or engage in its
work;
• Identify and arrange for simultaneous local translations, sign language users, procurement
and hiring of public address systems, transport and communication facilities for CKRC’s
meetings in the district;
• Monitor the implementation of civic education by civic education providers in the district;
• Facilitate the formation of constituency committees with guidance and assistance of CKRC;
and
• Perform any other tasks as directed by CKRC.
• Diversity in the composition, taking into account ethnicity, age, religion and professional or
occupational background; and
• Appointees had at least attained Kenya Certificate of Secondary Education or its equivalent.
4. CIVIC EDUCATION.
Civic Education in the constituency was carried out between 26 th February, 2002 and 19 th April,
2002.
Stage one:- Is the only phase that was covered. This is the stage preceding the collection of
views. This stage dealt with information, knowledge, skills and virtues that enabled Kenyans
have an informed choice and present their views on constitutional review.
b. Secretariat
1. Peter Apamo - Programme Officer
2. Edgar Kagoni – Assist. Programme Officer
3. Jacqueline Nyumoo – Verbatim Recorder
4. Mwero wa Mkalla – District Coordinator
Attendance Details
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Category Details Number
Primary Level 33
Secondary/High School Level 66
College 2
University 3
Educational
Background None 1
Not Stated 8
Other (Adult
Education/Vernacular/Madrasa/Informal 4
Education)
Memoranda 1
Form of Oral 70
Presentation Written 13
Oral + Written 33
The following are the recommendations made by the presenters in Matuga Constituency. The
recommendations were collated around 43 areas of concern, from the Preamble to National
integrity/identity. Only areas where recommendations were made in the constituency are
covered. The numbers in parentheses represent the number of times the recommendation
(bulleted) was made, either orally or through written memoranda. Each count on a specific
recommendation was picked from an individual, a group or an organization. Where a presenter
made different recommendations on the same area of concern, each recommendation was
counted separately.
5.2.1. PREAMBLE.
• The constitution should have a statement capturing national philosophy and guiding
principles. (3)
• Democratic principles should be included in the constitution. (2)
• The constitution should reflect important values such as peace, love and unity. (3)
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• Directive principles of state policy should not be enforceable by law. (2)
• The constitution should provide that an amendment should only be passed by a 75% majority
vote in parliament. (1)
• The constitution should provide that an amendment should only be passed by a 90% majority
vote in parliament. (1)
• The constitution should provide that an amendment should only be passed by a 80% majority
vote in parliament. (1)
• The constitution should provide that an amendment should only be passed by a 65% majority
vote in parliament. (3)
• The constitution should provide that an amendment by 65% majority should be amended. (2)
• The constitution should be supreme. (1)
• Parliament should not amend the constitution. (2)
• Parliaments power to amend constitution should be limited. (6)
• Some constitution parts should be beyond the amending powers of the parliament. (6)
• Parliament should be able to amend any parts in the constitution. (2)
• The constitution should provide that any amendment done should be through public
referendums. (10)
• The ECK should conduct the national referendums. (1)
• The judiciary should conduct the national referendums. (1)
• The parliament should conduct the national referendums. (2)
• The NGOs should conduct the national referendums. (1)
• The president should conduct the national referendums. (1)
• A special commission should conduct the national referendums. (2)
• The local councilors/chiefs should conduct the national referendums. (1)
5.2.4. CITIZENSHIP
• The constitution should confer to all persons born of Kenyan parents automatic citizenship.
(11)
• Citizenship can be acquired through registration. (5)
• Citizenship can be acquired through naturalization. (1)
• Spouses of Kenyan citizens irrespective of gender should be automatic citizens. (13)
• Spouses of Kenyan citizens irrespective of gender should be citizens after voting. (1)
• Spouses of Kenyan citizens irrespective of gender should acquire citizenship only through
registration. (1)
• The constitution should provide for a clause that confers automatic citizenship to a child born
of Kenyan parents irrespective of sex. (12)
• The constitution should only confer citizenship to persons born of a Kenyan father. (2)
• Owning a passport should be the right of every Kenyan. (2)
• Every Kenyan should have a right to getting a national ID card. (1)
• All Kenyans should have a right to vote. (2)
• All Kenyans should have rights to enjoy the basic human rights. (4)
• The rights and obligations of the citizens should depend on how the citizenship was acquired.
(2)
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• The rights and obligations of the citizens should not depend on how the citizenship was
acquired. (2)
• The constitution should not provide for dual citizenship. (7)
• The constitution should provide for dual citizenship. (3)
• Birth certificate or national ID should be proof of citizenship. (9)
• Passport or national ID certificate should be proof of citizenship. (9)
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• Political parties should be financed equally. (1)
• The president should be above party politics. (4)
• The state and political parties should relate through the parliament. (7)
• Political parties should not be tribalistic. (1)
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• Being an MP should be a full time occupation. (2)
• Being an MP should be a part time occupation. (2)
• Voting age should be 18 years and above. (3)
• Parliamentary candidates should be 25 years and above. (2)
• Parliamentary candidates should be 31 years and above. (1)
• Parliamentary candidates should be 30 years and above. (2)
• Parliamentary candidates should be 35 years and above. (2)
• Presidential candidate should be 35 years and above. (2)
• Presidential candidate should be 45 years and above. (2)
• Presidential candidate should be 40 years and above. (3)
• Presidential candidate should be 35 years and above. (2)
• Language tests for members of parliament are sufficient. (4)
• Mps should be form four leavers. (4)
• Mps should be std 8 leavers. (1)
• All people contesting in the national assembly should be of university level of education. (2)
• There should be moral and ethical qualification for MPs. (5)
• Parliamentary candidates should be Kenya citizens. (1)
• People should have power to recall their non-performing members of parliament. (9)
• People should not have power to recall their non-performing members of parliament. (1)
• Mps should act on the basis of their own conscience. (1)
• Mps should act on the basis of instructions of the constituents. (3)
• Mps should serve for a three-year term. (1)
• Mps should serve for five years. (2)
• Mps should serve for two terms if five years each. (1)
• The constitution should establish a commission to determine the salaries of MPs. (9)
• The Public Service Commission should determine the salaries of MPs. (1)
• The Parliamentary select committee should determine the salaries of MPs. (1)
• The constitution should provide for the reduction of MPs salaries and use the proceeds to
create more employment opportunities. (1)
• Concept of nominated MPs should be removed. 4)
• Concept of nominated MPs should be retained. (2)
• Nomination of MPs should include women, disabled and the minority group. (4)
• Candidates who are defeated in contesting should not be nominated. (2)
• Women should vie for seats like their male counter parts. (4)
• Mechanisms should be put in place to increase the participation of women in parliament. (3)
• Half of parliamentarians should be women. (1)
• 42% of MPs should be women. (1)
• 40% of MPs should be women. (1)
• 45% of MPs should be women. (2)
• Parliamentarians should be governed by the constitution respect the govt and respect each
other. (1)
• The constitution should allow for a coalition govt. (7)
• Dominant part should form the govt. (1)
• Multiparty should continue in the legislature. (2)
• There should be 2 chambers in parliament. (6)
• Each region should have its own parliament. (2)
• Parliament should have power to remove the president through a vote of no confidence. (6)
• The president should not have power to veto registration in parliament. (4)
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• Legislature should have power to override the president’s veto. (1)
• The president should not have power to dissolve the parliament. (3)
• The president should have power to dissolve the parliament. (1)
• Election should be staggered so as to have sitting MPs always. (3)
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5.2.9. THE EXECUTIVE
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• Judicial officers tenure should be stated in the constitution. (1)
• A system should be put in place to discipline judiciary and other officers enjoying security of
tenure. (2)
• The chief Kadhi should have the power to announce the month of Ramadhan. (2)
• Kadhi’s should be LLB graduates and with knowledge of religious law. (3)
• Chief Kadhi should be a Muslim with a diploma in English language. (1)
• Chief Kadhi should be a married and above 35 years of age. (1)
• Chief Kadhi should be empowered to act as a judge. (2)
• The constitution should provide for the election of the Chief Kadhi by a council of Imams.
• The constitution should provide for the election of Kadhis rather than their appointments by
the head of state.
• The constitution should provide for the formation of a commission to appoint the chief Kadhi.
• Kadhi’s offices should be decentralized to local villages. (1)
• The constitution should provide that the Kadhis service commission be formed. (1)
• Judicial service commission should not appoint the Kadhi. (1)
• The constitution should provide for the empowerment of Muslims to elect their chief Kadhi.
(4)
• Kadhi’s court should also pass death penalty and other minor cases. (1)
• The constitution should provide that all matters relating to Islamic law be handled by Kadhi
courts. (1)
• Kadhi’s court should have appellate jurisdiction. (6)
• Kadhi’s court should not have appellate jurisdiction. (1)
• Chief Kadhi’s court should be independent. (1)
• The judicial powers should be exclusively vested in courts. (1)
• The constitution should provide for constitutional recognition of the village courts. (2)
• Kenya should have mobile courts.
• Court cases should be made affordable for all.
• The constitution should provide that village courts be headed by village chairmen.
• There should be a provision for judicial review for law in case need arises.
• The constitution should provide legal right for all Kenyans.
• Village elders should be paid by the govt. (4)
• The elders should handle Land disputes. (1)
• The constitution should provide for the elections of both the mayor and county council
chairman by the people. (14)
• The constitution should provide that councilors should serve for a 5 year term. (3)
• The constitution should provide for the election of a mayor for a 4-year term. (2)
• The constitution should provide for the election of a mayor for a 2-year term. (3)
• Council should be de linked from the central govt. (3)
• The constitution should provide that local government be empowered to collect and manage
revenue. (5)
• The constitution should provide that local governments should manage their own financial
resources. (2)
• The constitution should provide that all councilors should posses a KCSE certificate. (10)
• The constitution should provide that all councilors should posses a KCPE certificate. (3)
• Councilors should be fluent in Kiswahili and English. (2)
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• There should be moral and ethical qualifications for local authority seats. (1)
• Councilors should be aged 30 to 60 years. (1)
• The constitution should provide for peoples rights to recall their councilors. (6)
• The constitution should not provide for peoples rights to recall their councilors. (1)
• The local govt should determine the salaries of councilors. (1)
• A commission should determine the salaries of councilors. (1)
• The parliamentary service commission should determine the salaries of councilors. (1)
• Nomination of councilors should be abolished. (2)
• Women and the disabled persons should be reserved for the nomination seats in the local
govt. (5)
• The constitution should govern the conduct of councilors in a multiparty state. (1)
• All councilors regardless of party should work together in harmony. (1)
• The constitution should provide the minister with powers to dissolve local authorities. (2)
• The govt should review licenses. (1)
• The local authority should be empowered to develop the infrastructure in their areas. (1)
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• ECK members should be university graduates. (1)
• ECK members should be qualified lawyers. (1)
• The president should appoint the ECK. (1)
• The parliament should appoint the ECK. (1)
• Electoral commissioners should have tenure of 2 terms. (1)
• Electoral commissioners should have tenure of 2 terms of 5 years. (1)
• ECK should be independent. (1)
• ECK members should be given gratuity upon completion of their term. (1)
• One third of the Eck members should retire after every 5 years. (1)
• The ECK should be funded by the consolidated fund. (1)
• The ECK should be funded by the govt.
• There should be 22 electoral commissioners.
• The electoral commissioners should not be less than 16 members.
• The constitution should guarantee a peaceful election. (2)
• The constitution should provide for the criminalization of voter bribery. (1)
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• There should be maternity leave of 3 months for women. (1)
• One-man one job policy should be ensured. (2)
• Pension payments should be paid on time. (3)
• Widows should be paid the pension of their late husband. (1)
• The constitution should provide for unemployment benefits and allowances for the
unemployed. (1)
• The constitution should provide that education from nursery to the university should be free
and compulsory. (3)
• The constitution should provide for free and compulsory education up to the primary level. (9)
• The constitution should provide for free and compulsory education up to the secondary level.
(2)
• The constitution should provide for the right to access information at all levels of governance
for all Kenyans. (1
• Kenyans should have access to information in the hands of the state. (4)
• The constitution should be made accessible to all Kenyans. (3)
• The constitution should guarantee all workers the right to union representation. (3)
• The constitution should provide that land ownership should be at the community level. (2)
• The individual should have ultimate land ownership. (7)
• The govt and the local authority should have the ultimate land ownership. (1)
• The disabled should also be allocated land. (1)
• The govt should have the power to compulsory acquire private land. (2)
• The govt should not have the power to compulsory acquire private land. (4)
• The constitution should provide for the repossessing of illegally acquired land and
redistributing it. (5)
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• The govt should not have power to control the use of land by owners. (2)
• Title deeds should be made affordable. (1)
• The constitution should look into issues of land disputes and inheritance. (1)
• If an individual stays on a piece of land for more than 12 years they should automatically
become the owner. (1)
• Land of any kind of lawful investment should be available free. (1)
• People should be educated on land issues. (1)
• The constitution should provide that land title deeds are issued at the district level. (2)
• The constitution should provide that girls, just like boys, inherit land from their parents. (5)
• The constitution should provide that the maximum individual ceiling on land should be 25
hectares. (3)
• The constitution should provide that the maximum individual ceiling on land should be 50
hectares. (1)
• The constitution should provide that the maximum individual ceiling on land should be 100
hectares. (3)
• There should be no limit on the amount of land one can own. (2)
• Non-citizens should be restricted on ownership of land. (4)
• Non-citizens should be allowed to own land. (1)
• Procedures of land transfer should be simplified. (6)
• Men and women should have equal access to land. (4)
• Men should have more access to land than women. (1)
• The constitution should provide that land be registered jointly in the names of both spouses.
(1)
• The constitution should abolish all pre-independence land treaties and agreements. (3)
• The constitution should provide that any Kenyan could own land or property that is legally
acquired in any part of the country. (15)
• The constitution should provide that any Kenyan should own land or property in any part of
the country. (1)
• The constitution should guarantee equal access to land to all Kenyans. (10)
• The constitution should guarantee that no citizen is a land squatter in Kenya. (3)
• The constitution should abolish the current settlement schemes. (1)
• All trust land should be given to the landless Kenyans. (4)
• The trust land act should be retained. (1)
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• Customary laws are discriminate against women should be abolished. (1)
• The constitution should provide for one national language, Kiswahili. (4)
• The constitution should promote indigenous languages. (2)
• The constitution should be translated into English and Swahili language.
• The constitution should provide for a Majimbo structure that ensures each Jimbo governs and
gets all its resources. (1)
• The power to manage and distribute finance and human resources should be with the
parliament. (1)
• Parliament should retain power to authorize the raising and appropriation of public funds. (1)
• The country should increase exports through improving agriculture, industry sector and
control tax evasion. (1)
• The people of the coast province should own these resources. (1)
• The constitution should ensure equitable distribution of the resource. (4)
• All loans from multilateral lenders should be shared equally among all regions. (2)
• The constitution should guarantee that 75% of all revenue generated at the region should be
utilized there. (1)
• The constitution should guarantee that 65% of all revenue generated at the region should be
utilized there. (2)
• The constitution should guarantee that 80% of all revenue generated at the region should be
utilized there. (3)
• The constitution should guarantee that 50% of all revenue generated at the region should be
utilized there, 30% to the province and 20% to the central govt. (2)
• Natural resources from the jimbo should directly benefit the indigenous people. (4)
• The govt should apportion benefits from resources to all regions equally and fairly regardless
of the resources from the areas. (1)
• Controller and auditor general should have the authority te vet and dismiss unnecessary
expenditure. (2)
• Controller and auditor general should be answerable to the parliament. (1)
• Each federal region should have its own controller and auditor general. (1)
• Controller and auditor general should be appointed by the parliament. (2)
• Parliament should have powers to sue people alleged to have misused public funds. 2)
• The parliament should be empowered to approve the govt expenditure planned and read by
the finance minister. (1)
• Good remunerations and attractive packages should be offered in order to attract competent
Kenyans to work in the public service. (1)
• The civil servants should be appointed by the parliament. (1)
• The prime minister should appoint members of the PSC. (1)
• There should be a code of ethics for all public office holders. (6)
• The constitution should provide that all public servants shall declare their wealth. (5)
• The regional govt should be given power to enforce laws on the protection of the environment.
(2)
• Local authority should have the power to enforce environmental protection laws. (2)
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• The govt should own 50% of the natural resources found in an individuals land. (2)
• The regional govt should own the natural resources in their respective areas. (2)
• Local govt should own the natural resources. (1)
• The individual should own the natural resources. (1)
• The local communities should be involved in the protection and conservation of the natural
resources. (4)
• The wild life and vegetation should be protected from destruction; water catchments areas
forests minerals and environmental pollution should be addressed. (4)
• The local authorities should be responsible for the management and protection of natural
resources. (3)
• The regional govt should be responsible for the management and protection of natural
resources. (2)
• Trees like coconuts and orange trees should be compensated for 30,000 if cut down. (1)
• We should have Special Forces to protect our forests. (1)
• The ministry should protect the environment and natural resources. (1)
• NGOs should co-operate with the federal states in development matters. (1)
• NGOs and other organization groups should play a role in governance. (1)
• NGOs and other organization groups should have no role in governance. (1)
• The state should regulate the conduct of civil society organizations. (3)
• The constitution should institutionalize the role of civil organizations. (2)
• Women should be given leadership position in governance. (6)
• Constitution should ensure maximum participation for the disabled in governance. (1)
• Constitution should ensure maximum participation by the youth in governance. (1)
• Minority group should be allowed to participate in governance through nominations to the
state. (2)
• Constitution should ensure maximum participation for the elderly in governance. (1)
• There should be Islamic representation in all sectors of the govt. (1)
• Religious, ethnic, social and regional marginalized groups should be allowed to participate in
governance. (1)
• The govt should consult citizens before entering into any regional integration with others.
(2)
• The executive should have limited responsibility of conducting foreign affairs. (1)
• The executive should have the responsibility of conducting foreign affairs. (2)
• The parliament should have the responsibility of conducting foreign affairs. (1)
• The senate should sanction all foreign policies of the executive. (2)
• The executive should be empowered to implement foreign policies upon agreement with
the parliament. (1)
• International treaties and conventions should not have automatic effect on the domestic
law. (3)
• The constitution should provide that during presidential elections the speaker should be in
charge of the executive powers. (1)
• The constitution should provide that during presidential elections the incumbent president
should be in charge of the executive powers. (1)
• The constitution should provide that during presidential elections the constitutional affairs
minister should be in charge of the executive powers. (1)
• The constitution should provide that during presidential elections the vice president should
be in charge of the executive powers. (1)
• Presidential election results should be announced 3 weeks after elections. (1)
• Presidential election results should be announced within 14 days after elections. (1)
• Presidential election results should be announced after all areas have submitted their results.
(1)
• The incoming president should assume office 3 months after the elections. (1)
• The incoming president should assume office 1 month after the elections. (1)
• The incoming president should assume office 14 days after the elections. (1)
• The minister of constitutional affairs should swear in the incoming president. (1)
• The chief justice should swear in the incoming president. (1)
• The instruments of power must be handed over to the incoming president within 14 days. (1)
• The process of handing over the instruments of power should be entrenched in the
constitution. (1)
• The constitution should provide security for the outgoing president. (1)
• The constitution should provide welfare for the outgoing president. (1)
• The constitution should provide immunity from legal process for the outgoing president. (1)
• The president should be recalled incase of non-performance or bad governance. (3)
• Speaker of the national assembly or the chief justice should assume the executive powers if
the president is dead or has resigned. (1)
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• The constitution should guarantee women rights. (4)
• Women rights are not fully guaranteed in the constitution. (1)
• Women should be promoted in employment. (1)
• Women should have a right to inheritance and education. (1)
• Women should have a right to inheritance. (8)
• Divorce should be allowed in any denomination. (2)
• All marriages should be monogamous. (1)
• Incase of divorce the wealth should be shared equally between the husband and wife. (2)
• Before any second and subsequent marriage, the spouses should share all property equally.
(1)
• The constitution should provide for any couples that stay together for 3 months should get
married. (1)
• The affiliation Act should be passed. (2)
• Incase a man impregnates a woman he should be forced to marry them. (1)
• The constitution should provide a clause that any child born out of wedlock receives
child-support by the biological father. (2)
• Domestic violence should be banned. (7)
• Donors should negotiate with the regional govt when they want to give loans for
development. (1)
5.3.25 NATIONAL ECONOMIC POLICY
• People who deliberately infect others with Aids should be punished with life
imprisonment. (1)
• The constitution should provide for eradication of HIV. (1)
• Each region should have its own police force. (2)
• Police officers should not mistreat suspects. (3)
• Any form of bribery in the country and in courts should be banned. ()
• Land grabbing should not be allowed. (1)
• The constitution should ensure the security of the defined family unit.
• Women and children should be given priority when queuing in public places.
• The constitution should provide for compensation due to any loses caused by wildlife. (2)
5.3.32 TRANSPARENCY/ACCOUNTABILITY
25
APPENDICES:
26
Appendix 3: Persons presenting memoranda and/or making oral
submissions.
27
510006IKTCO J L Kyalo Individual Written
520051IKTCO Jackson C Ngati Individual Written
530025IKTCO James Maingi Individual Oral - Public he
540014IKTCO James Ndambuki Individual Oral - Public he
550011IKTCO John Mutua Individual Oral - Public he
560015IKTCO Johnson Muoka Individual Oral - Public he
570012IKTCO Joseph Nguli Individual Oral - Public he
580020IKTCO Joseph Wambua Individual Oral - Public he
590044IKTCO Joyce Mbiku Individual Oral - Public he
600049IKTCO Juma Ali Mwachiyama Individual Written
610003IKTCO Kalimbo Mtenzi Individual Written
620018IKTCO Katana Katenga Individual Oral - Public he
630048IKTCO Khamisi Ali Chaunga Individual Memorandum
640075IKTCO Maeli M Mwamasi Individual Oral - Public he
650029IKTCO Margaret Odada Individual Oral - Public he
660062IKTCO Mariam Juma Sheba Individual Oral - Public he
670038IKTCO Mary Kilonzo Individual Oral - Public he
680047IKTCO Mary Wambui Individual Oral - Public he
690074IKTCO Matsudzo H Mwamrezi Individual Oral - Public he
700008IKTCO Mohamed Mwabasi Individual Written
710031IKTCO Mutinda S Individual Oral - Public he
720066IKTCO Mwamlolei Chapu Individual Oral - Public he
730063IKTCO Mwanaisha Mwaviringo Individual Oral - Public he
740071IKTCO Mwanajuma Abeid Individual Oral - Public he
750009IKTCO Mwavuo Nyawa Individual Written
760039IKTCO Nicodemus Musyoki Individual Oral - Public he
770081IKTCO Nyaa Juma Individual Oral - Public he
780082IKTCO Omar Jurumatta Individual Oral - Public he
790068IKTCO Omar M Changoma Individual Oral - Public he
800057IKTCO Omari J Mwacharo Individual Oral - Public he
810056IKTCO Omari Maganga Individual Oral - Public he
820010IKTCO Philip Makau Individual Memorandum
830002IKTCO Philip Makau Individual Written
840004IKTCO Pr. Joseph Ndolo Individual Written
850053IKTCO Rajab H Massah Individual Written
860061IKTCO Rashid A Mwatama Individual Oral - Public he
Rashid Mwakusema
870052IKTCO Mbwana Individual Written
880072IKTCO Rashid Mwapungu Individual Oral - Public he
890083IKTCO Riziki Mwachai Individual Oral - Public he
900005IKTCO Robert M Muhia Individual Memorandum
910032IKTCO Safari Muthengi Individual Oral - Public he
920067IKTCO Said B Bombo Individual Oral - Public he
930070IKTCO Said Mwaleso Individual Oral - Public he
940058IKTCO Said R Mwakafani Individual Oral - Public he
950077IKTCO Saidi Mudhavu Individual Oral - Public he
960064IKTCO salim Omari Individual Oral - Public he
970054IKTCO Salim Salim Chappu Individual Written
980010OKTCO Shaban Mandano Individual Memorandum WAA Community
990042IKTCO Simon Musau Individual Oral - Public he
1000069IKTCO Solomon Nguma Individual Oral - Public he
1010021IKTCO Thomas King'oo Individual Oral - Public he
1020022IKTCO Uhuru Ndeto Individual Oral - Public he
1030045IKTCO Veronica Raphael Individual Oral - Public he
1040019IKTCO Willy Mutua Individual Oral - Public he
1050026IKTCO Zainab Chizuka Individual Oral - Public he
28
1060021OKTCO Fatuma Abdalla NGO Written M.Y.W.O
Halima Mandano
1070009OKTCO Chivumbe NGO Memorandum M.Y.W.O
1080029OKTCO Kauchi A Chivumba NGO Written N.C.W.K
Children Rights
1090030OKTCO Kauchi A Chivumbo NGO Memorandum Stakeholders
National Council Of
1100028OKTCO Kauchi A Chivumbo NGO Written Women Of
1110022OKTCO Gasper Kalimbo Other Institutions Memorandum K.S.P.H
1120027OKTCO Kibibi Mwaka Other Institutions Written Denyenye Teachers
1130033OKTCO Mwanaharusi R Lidan Other Institutions Oral - Public he Gunda Va Mnyonje
1140031OKTCO Mwinyi A Mwacherupe Other Institutions Written Ngambi
KUMSA farmers
1150003OKTCO Francis Kyanga Private Sector Organisa Memorandum Association
29
Appendix 4: Persons Attending Constituency Hearings
30
64Ali S. Chizondo P.O. Box 99421, Msa 87Mwanarusi R. Lidago N/A
65Ali M. Mwatebe P.O. Box 96113, Likoni 88Solomon Nguma P.O. Box 87, Kwale
66Bibi Omar P.O. Box 33, Likoni 89Mohammed B. Shee P.O. Box 122, Kwale
Fatuma R.
67Bahat K. Mulwa P.O. Box 49, Kwale 90 Mwamachache P.O. Box 1095, Ukunda
68Salim Magana P.O. Box 46, Kwale 91Kibibi R. Mwaka P.O. Box 96128, Likoni
69Zaimab Chidzuga P.O. Box 229, Kwale 92Rehema Matembo N/A
93Juma C. Mwanauli P.O. Box 56, Kwale 106Mwinyi Alii P.O. Box 106, Kwale
94Said A. Mwaleso P.O. Box 1, Matuga 107Rajab H. Masseh P.O. Box 1, Kwale
95Mwanajuma Abeid P.O. Box 7, Kwale 108S. Mabavu P.O. Box 483, Ukunda
96Said Mwachimonje P.O. Box 34, Kwale 109Ali Warakah P.O. Box 22, Kwale
97Mwanakombo Mkono P.O. Box 67, Kwale 110Salim S. Chappu P.O. Box 32, Kwale
98Rashid H. Mwapungu P.O. Box 23, Matuga 111B.A. Guani Juma P.O. Box 86608, Msa
99Bakar S. Mwakazi P.O. Box 34, Kwale 112Hassan H. Massa P.O. Box 68, Kwale
Matsudzo H.
100 Mwamrezi P.O. Box 56, Kwale 113David Makasa P.O. Box 185, Kwale
101Mealii M. Mwamasai P.O. Box 55, Kwale 114Nyaa Juma P.O. Box 34, Kwale
102Riziki Musacheri P.O. Box 27, Kwale 115Omar Jarumata N/A
103Binu Omar P.O. Box 107, Kwale 116Conn Mandano Box 4 Kwale
104Kaikhi A. Chivumba P.O. Box 164, Kwale
105Amina Ali P.O. Box 27, Shimba Hills
31