Currently browsing 'Kenya Consititution'

MPs Greed: What Ksh. 8.35 billion can do

Posted by on 26th February 2016

Categories: Corruption Kenya Consititution

The relationship between Kenyans and their elected members of Parliament borders that of an abusive relationship. It’s a typical prime time soap opera TV program that is popular with most Kenyans.

These soaps are usually very linear, nothing out of the ordinary. The protagonist (say a woman) will live a miserable life, keeping up with an abusive partner until one day she meets Prince charming who will “open her eyes” to realize she owes the antagonist nothing and she can have a better life with the new macho guy. Sounds familiar?

In our case, MPs are the abusive partner, misusing our hard earned cash and quite extravagant with our money. Unfortunately, we haven’t met Prince charming yet who will open our eyes to see the abusive relationship we are in, otherwise we wouldn’t be constantly voting in the same culprits that have made our lives unbearable. Like the antagonist in these soaps, the MP promises heaven when they want to be voted in or taken back only to show their true colors once assured of the position.

If MPs honestly cared about Kenyans, rather than demanding payment for work they will not do in the name of breach of contract, they could have sacrificed the money as a sign of good faith and promote development projects.

Here’s what the Ksh. 3.3 billion combined with MCAs, Ksh. 5.05 billion could have done between now and the next elections

  1. With only ksh. 3 billion legislatures can construct 1000 solar powered primary schools in the rural areas bridging the advantage city pupils have over rural pupils. Already Aleutia-a UK based company in conjunction with Stonehouse ltd have implemented these designs in Kiambu Kenya.


  1. With only Ksh. 3 billion or less our MPs can build at least 500 solar powered market stalls. There’s no need to have shops in rural areas closing by 6pm when we can harvest solar and create a 24hour economy in the rural areas. Again, the estimates are according to the same company that’s already implementing the same.


  1. With Ksh. 1 billion MPs together with MCAs can invest in local scientists and introduce biological control measures and clean Lake Victoria of the hyacinth that’s rendering the region poor.

In any case MPs and MCAs are not entitled to the Ksh. 8.35 billion. First, they knew their term will be shorter than the previous Parliament. In fact, the court had on this question in the matter of Interim Independent Commission Sup. Ct. Constitutional Application No. 2 of 2011 ruled that, “The elections come in the context of the first progressive, public-welfare-oriented, historic Constitution which embodies the people’s hopes and aspirations. Not only are these elections one of the vital processes instituted under the Constitution, but they constitute the first act of establishing a whole set of permanent governance organs.” Meaning being the first election that was introducing other new structures, the complexity of the first few elections after promulgation of the constitution had been foreseen. The question of MPs and MCAs compensation, therefore, does not arise.

Secondly, the election date set in the Constitution of Kenya 2010 was passed by all Kenyans, so is the law and cannot be changed. Thirdly, legislators must lead by example and obey the basic principles laid out in the law of the land. Will Parliamentarians arm-twist the Executive again to get their interests met over the wishes of all Kenyans? For how long will Kenyan leaders prioritize their selfish-interests’ over the publics! On the same matter on general elections, the judges concluded thus:

“Clearly, any ambivalence or uncertainty in the path of such crucial elections must, as a matter of public interest, be resolved in time: and the task of resolution rests, in the circumstances prevailing, with the Supreme Court, by its Advisory-Opinion jurisdiction.”

“Addressing Historical Land Injustices in Kenya”- Interview with Senator Mutula Kilonzo Jnr.

Posted by on 22nd January 2016

Categories: Kenya Consititution People's Shujaaz Awards

Uhuru visits Lamu and issues title deeds to Waitiki’s land squatters. The Kenyatta family gives 2000 acres of land to squatters in Taita Taveta. The two prior statements are recent examples of attempts to address historical land injustices facing Kenya. Given that resolution of historical land injustices remains very emotive is there an attempt to put a framework in place to guide the process? Which institution has the final say on the matter? The National Land Commission was established under Article 67 of the Constitution among other things to seek redress for Historical land injustices. The Commission is supposed to shield the issue of Land from political interference and bring a lasting solution to the question of land in Kenya.

Mzalendo interviewed Sen. Mutula Kilonzo Jr. who has been vocal in Parliament about the resolution of historical injustices on the current state of things and the options available to Kenya ahead of the 2017 elections. Watch the Interview here.

What do you think should be done to address land injustices?

Briefly: The Evolution of the Current Document

Posted by on 22nd April 2010

Categories: Kenya Consititution

by Samuel Marete

An analysis of the changes the document has gone through since the Committee of Experts (COE) first drafted it is useful, if only to show the wisdom of a system of checks and balances between the COE and Parliament, through the Parliamentary Select Commission (PSC). A broader history, encompassing the document’s evolution since the Bomas Draft would no doubt be instructive. However, in the interests of time I have limited the scope of this treatise to changes occurring since the COE’s initial draft.

Contained within the COE’s initial draft were a number of provisions designed to promote equity, limit corruption, and address historical injustices. However, the PSC draft reversed a number of these provisions. Mercifully, many of the PSC’s suggestions were ignored when the COE released the final draft. Similarly, though not to the same extent, a number of the COE’s provisions would have ultimately proved injurious to Kenyans and the PSC suggested viable alternatives. I have discussed this theme under 5 headings:

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Thoughts on the Harmonized Consititution: Introduction

Posted by on 15th April 2010

Categories: Kenya Consititution

by Samuel Marete

A read-through of the Committee of Experts’ (COE) Draft Constitution (final version) revealed it to be an intriguing document. This is a sure sign that I am aging. Much in the Draft is good, but there are also some aspects about it that are not so desirable. Over the next few weeks, with articles every Tuesday and Thursday, I shall attempt to examine what I believe to be the important areas of the Draft, under the following headings:

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Kenya Parliament debates New Constitution

Posted by on 26th March 2010

Categories: Kenya Consititution

The Kenyan Parliament is currently in the process of debating the proposed constitution. In a new and perhaps not totally unexpected twist given the fact that is *the* Kenyan parliament that we are talking about, the number of proposed amendments by MPs are flowing fast and furious. Never mind that they had the opportunity to express their opinions along with other Kenyans to the Committee of Experts (COE).

Ever since the process has been handed over to Parliament, it has been fraught with intrigues and posturing. It seems the MPs are (again) not keenly aware of the mood of the nation. Hopefully the COE will continue to assert its role professional as the principal driver of the process, and reject proposals that go against the wishes of Kenyans.

You can access the current draft and previous drafts of the constitution here.

You can watch video of some of the debate here and

What are your thoughts on the process? How do you expect your MP to vote? How would you like MPs to vote? Let us know.