BBI: Constitution Changes I Want

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tana
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BBI: Constitution Changes I Want

Post by tana » Tue Oct 22, 2019 5:45 am

It is not possible to have a constitution (amendment) where the views of every citizen are incorporated. This, however, does not mean a person should not propose what they would want to see in the constitution.

NOTE: A constitution amendment done now does not mean that is the end of amendments to the document.

This are the changes I would like to see in the constitution:

1. No nominated MCA, MP or Senators.
They are not necessary/waste of taxpayers’ money: viewtopic.php?f=2&t=1181/
2. No deputy governors.
In case the governor is not available, [speaker should act as governor, else] the MCAs should elect one among them to take over governor’s duties temporarily.
kenyaiforum.co.ke/viewtopic.php?f=2&t=1181/
3. Leader of Official Opposition.
Let the person who comes no. 2 in the presidential elections be called the leader of opposition, and be provided with a house, [car, security] and paid a salary equal to that paid to the speaker of parliament.
viewtopic.php?f=2&t=4814/
4. Agency to Control Politician’s Spending (ie MCAs, MPs, Senators, Governors).
If Speaker, or whoever authorises MPs/Senators travels [and other expenditures], put his foot down and ordered that there would be no travel abroad [or other wastage of taxpayers’ money] unless its absolutely necessary, he would be impeached.

That is why there needs to be an independent authority - with independent funding that does not go through parliament/senate - that will control Kenyan politicians’ craving for foreign “fun” travel at taxpayers’ expense [or other wastage of taxpayers’ money e.g by setting caps on allowances].
viewtopic.php?f=3&t=14114/
The members of this board (few in number eg 5) should be nominated by the president, and must get 50%+1 vote in parliament (after PUBLIC interviews). Their terms should be similar to those of Supreme Court Justices.

5. Health to Revert to National Government (Public Service Commission (PSC) or Health Service Commission (HSC)).
Various workers’ unions representing medical practitioners said the health sector needs a commission just like their counterparts in the teaching profession.

Kenya Union of Clinical Officers (KUCO), Kenya National Union of Laboratory Technologists, Kenya National Union of Pharmacists and Kenya Medical Practitioners, Pharmacists and Dentists Union said this will help in addressing various issues the health workers face.”
viewtopic.php?f=2&t=3233/
6. Fundamental Changes Regarding Appointment to JSC & Supreme Court.

The fundamental question here is: Who should we trust to appoint members of Judicial Service Commission (JSC) and Supreme Court? “Civil Society”, “Special Interest Groups”, or politicians?

Most Kenyan politicians are corrupt, but if the trust I have for Kenyan politicians is X, then the trust I have for “Civil Society” or “Special Interest Groups” is 0.0001X.

Therefore, this is what I propose regarding appointment to JSC and Supreme Court:

All members of JSC, and Supreme Court justices, are nominated by the president, and must get 50%+1 vote in parliament (after PUBLIC interviews). The functions/powers of JSC & Supreme Court should remain the same.

This would eliminate judicial activism and ensure that Judges and Magistrates work towards making Kenya a more fair and just society.

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tana
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BBI: Constitution Changes I Want

Post by tana » Tue Oct 22, 2019 6:05 am

I believe very strongly that constitution change should wait till the anticorruption war is won:
It is therefore necessary to delay any plans to change the constitution, until the anticorruption war would have done irreparable damage to Kenya’s corrupt underbelly.

If the current pace of fighting corruption is sustained, then in 6 months time, the “parallel government”/parallel underground non-taxpaying economy will have suffered irreparable damage.
viewtopic.php?f=2&t=14142/

jasho
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BBI: Constitution Changes I Want

Post by jasho » Wed Oct 23, 2019 1:37 am

tana wrote:
Tue Oct 22, 2019 5:45 am
4. Agency to Control Politician’s Spending (ie MCAs, MPs, Senators, Governors).
The members of this board (few in number eg 5) should be nominated by the president, and must get 50%+1 vote in parliament (after PUBLIC interviews). Their terms should be similar to those of Supreme Court Justices.
Members of this board should be retired people who have served in very senior positions in the public sector. Ideally, aged 65+ years.

You don’t expect a young person to be very enthusiastic about reducing benefits to politicians, when he/she plans to become a politician in future.

Unrelated Matter: I congratulate President Uhuru for ignoring KOT and bloggers who complain that GoK is hiring old people as directors of parastatal boards. If you give me the option of hiring as parastatal board chairman 91 year old former VP Moody Awori, or the youth in senior GoK position who goes to court “to show solidarity” with a friend facing murder charges, I would hire Mr Awori.

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tana
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BBI: Constitution Changes I Want

Post by tana » Thu Oct 24, 2019 8:07 am

tana wrote:
Tue Oct 22, 2019 5:45 am
6. Fundamental Changes Regarding Appointment to JSC & Supreme Court.
The persons who made the proposals/drafted the judiciary part of Kenya 2010 constitution are people who never wished Kenya well.

If you read about how members of JSC are selected, it is obvious that there is CONFLICT OF INTEREST regarding most members, and their functions/duties. The changes I propose here will eliminate this problem.

The JSC members should be working full time. Just as Supreme Court Justices cannot have side jobs, so should the JSC members - to avoid conflict of interest.

Currently, we have practising lawyers, magistrates and judges fighting for JSC positions so that they can EAT. These changes will end this very tragic situation.

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tana
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BBI: Constitution Changes I Want

Post by tana » Thu Oct 24, 2019 9:46 am

The Building Bridges Initiative [BBI] has proposed the introduction of a parliamentary system of government with a powerful Prime Minister and two deputies…The BBI team is against the winner-takes-all presidential system, largely blamed for political tensions and post-election violence.


To address the question of exclusivity, the 14-member panel proposes that the president, deputy president, the prime minister and the two deputies should be shared out by at least five different tribes.

However, communities that miss out on the big five plum jobs at the apex of power would share ministerial positions either based on tribes or regions to give the cabinet a national face.
https://www.the-star.co.ke/news/2019-10 ... n-cabinet/
I do not see how the proposal above can help Kenya become more stable. I provide the following to substantiate my argument:

When multi-party politics was re-introduced in Kenya in 1992, it was generally known that “ALL” Kikuyus and Luos were in opposition (to Daniel arap Moi’s KANU government).

However, despite the fact that almost all Kikuyus and Luos identified with opposition parties, President Moi’s government had Kikuyu and Luo cabinet ministers (e.g. Joseph Kamotho & Peter Oloo Aringo).

Going back in time, and using the argument above, suppose that President Moi had Mr Kamotho and Mr Aringo as Deputy Prime Ministers. Would it have made any difference to Kikuyus and Luos? No.

During President Mwai Kibaki’s tenure, he had Luo and Kalenjin ministers, yet those communities did not feel as though they were represented in government (this led to 2007/2008 chaos).

My point is this: the problem in Kenya is much deeper - dishing out big positions to a few people will not solve this problem.

Like most Kenyans, I also thought that Kenya’s instability was due to tribal friction. Now I know better. This I know for a fact (100%) - The tribal friction in Kenya is due to external (foreign) sabotage/incitement (enabled by corruption).

That is why I insist: ELIMINATE CORRUPTION, AND IT WON’T MATTER WHO IS PRESIDENT!

The following actions are what would make Kenya one of the most stable democracies in the world.

1. Sustained Anticorruption war, as is going on currently.

2. A (popular) Kenyan Search Engine.

3. A (popular) Kenyan Microblogging platform (followed by other type of Kenyan Social Media). By “Kenyan”, I mean 100% Kenyan-owned, with servers based in Kenya.

In my opinion, the above actions + the Constitutional changes identified in the 1st post above, is all that is needed to make Kenya very stable politically and socially. This will also automatically improve the economy greatly.

NB: The reason I have not mentioned the Media is because Kenyan media is heavily influenced (actually intimidated) by what happens online. Therefore, ensuring that online debates are mostly pro-Kenya (mostly devoid of fake news & incitement), will lead to media also becoming pro-Kenya.

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tana
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BBI: Constitution Changes I Want

Post by tana » Fri Oct 25, 2019 1:41 am

The recent failed Punguza Mizigo Constitution Amendment Bill proposed that Corruption trials “to be done in 30 days, life sentences for those convicted”. Yet, the most corrupt politicians in Kenya were supporting the Bill. Why?

I believe corrupt politicians were supporting the Punguza Mizigo Bill because of 2 reasons:

1. They considered it a joke, that would be unlikely to pass the final stage - the referendum stage.
2. They knew that, if the Bill passed the County stage, then political temperatures would be raised to such a level that Kenya would appear to be only a few steps to total chaos. No. 1 casualty - the ANTICORRUPTION war.

Therefore, the ultimate reason for corrupt politicians to support that Bill was because of their anger at the ongoing ANTICORRUPTION war.

Back to BBI.

The same corrupt politicians who supported the failed Punguza Mizigo Bill, are the same politicians who shout about 2022 presidential elections non-stop.

However, their non-stop shouting about 2022 presidential elections has very little to do with 2022 elections. Their bitterness is with current issues (And you can see this bitterness through how they speak in public functions).

Since they cannot come out openly and say they are opposed to the ongoing ANTICORRUPTION war because it is hurting their close associates, they shout about 2022, hoping this will destabilise the country, and thwart the ongoing ANTICORRUPTION war. Luckily, their plans have not succeeded. Yet.

These corrupt politicians are hoping the BBI report will give them an opportunity to thwart the ongoing ANTICORRUPTION war.

For the sake of Kenya, I hope these treasonous politicians are not given the opportunity to destabilise the country.

NOTE: If the ANTICORRUPTION war is not sabotaged, it will eventually take out the corrupt politicians. This is why they are so opposed to the bodies executing the ANTICORRUPTION revolution in Kenya - DCI, DPP, EACC & KRA.

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tana
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I Support BBI Report, Though Its Not Perfect

Post by tana » Thu Nov 28, 2019 7:50 am

BBI report is very good, considering current Kenya circumstances. It has very good pro-Mwananchi recommendations, though, due to realpolitiks, it had to include recommendations to “take care of politicians’ interests”.

I would have preferred that the “politicians’ interests” were not included, but I am realistic and I understand we do not live in a ideal world.

However, there is one BBI political recommendation that I think is necessary in order to entrench democracy in Kenya - Leader of Official Opposition (See my 1st post above).

I have written an article where I have explained my opinion regarding why Kenya’s political class is the way it is. The article is here.

Pro-Mwananchi BBI Recommendations

1. Eliminate sitting allowances of public officers in both the national and the county governments

2. Ban all public officers from doing business with government

3. Total enforcement of powers of SRC to rationalize all public sector salaries and to address the large discrepancies in remuneration

4. Establishment of an independent Health Service Commission (See my 1st post above).

5. Annual wealth declaration forms by both public and state officers be made public

6. Reward whistleblowers with 5% of graft proceeds.
Big time corruption in Kenya will not be eliminated unless there is a major shift in how it is investigated.

Solution: Make it advantageous for someone to be a snitch. For instance, enact a law that states that if you provide evidence of corruption of amount X, then if the government prosecutes and recovers that money, you are entitled to be paid 10% of X.

Or, to make it even more enticing for people to inform on their corrupt colleagues, friends and family members, let the law state that, once a corruption case is taken to court based on the information you give, you automatically receive 5% of the money involved (stolen or obtained through corruption).
viewtopic.php?f=5&t=8849#p9293/
7. Private betting industry be replaced with one major one run by government, whose proceeds, are used for activities that uplift the youth, sports, culture and other social activities beneficial to citizens. (Dangers of betting in Kenya discussed here: viewtopic.php?f=3&t=12768)

8. Nairobi county to be given special status that will place its management under the national government. (Currently, Nairobi County is run like a kiosk)

(NB: might add more, after I finish reading the report)

Unnecessary BBI Recommendations But I Understand They May Be Needed Due To Realpolitiks

1. Prime Minister post (We can promote all Kenyan MPs and call them Chief MPs, but some will still start lobbying for a more senior position like Senior Chief MP).

2. Commissioners of the Independent Electoral and Boundaries Commission (IEBC) be nominated by political parties.

3. Cabinet shall be drawn from both parliamentarians and technocrats with the latter being made ex-officio Members of Parliament upon successful Parliamentary approval.

(NB: might add more, after I finish reading the report)

I support even these political recommendations because politicians must be taken care of, and, believe it or not, there are many Kenyans who are filled with pride and joy seeing their tribesman (not even remotely related) having a big job (flying the flag).

In an ideal Kenya, 47 MPs would be enough. Cabinet would have a maximum of 10. But the real Kenya is different.
whistleblowers.jpg

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