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Showing posts with the label new Constitution

That day will come....

I had a chat with Dr Wilfred Gisuka Machage, an MP and a suspended minister about his life in suspension. I didn't think he was deluded, I just thought that he is a man who believes in what he says and doesn't give a damn what anyone thinks about what he does. But then, when the National Cohesion and Integration Commission saw whatever he said and interpreted it differently, he has now been put in hot soup. The editing by the media and all, it is just a version, of how the public processes information. What type of honourable creature is this in the House who can neither ask nor answer questions?” This remark, made in jest by Olago Aluoch, the straight-talking MP for Kisumu Town West, sums up the anguish and dilemma facing suspended assistant minister Wilfred Gisuka Machage. Though Mr Olago posed the question in Parliament a year ago — and he was forced to apologise for calling a fellow MP a “creature” — that question is still in the minds of many, as to what exactly is the rol...

Well, is it a must that Tobiko becomes DPP?

Yesterday, after a breakfast meeting with the chairman of the Commission for the Implementation of the Constitution, I had a chat, a quick one, and a very brief one, with Mr Gichira Kibara, the brilliant secretary of Justice and Constitutional Affairs of the Government of the Republic of Kenya I asked him if he thought the elections will be held in August or in December 2012 or if we're looking at 2013. He smiled and said that it doesn't matter when elections will be held, but that, the country was already late and that we're likely to pay the price for that lateness. Now, 'paying the price' may sound like a vague expression, but if you were in the country in 2007 after the polls, it is an experience you wouldn't want to re-live. That aside. As we had breakfast, Mr Kibara, had spoken about the debate about whether or not to approve Keriako Tobiko as the Director of Public Prosecutions. He had urged caution about the wished-for suspension of the approval ...

I don't think these fellows will pay tax!

Well, it is September and people are wondering if the MPs will pay tax on their allowances beginning this month. On my part, I don't think they will. But I could be wrong. Indulge me. According to the MPs, section 210 (3) of the new Constitution, is explicit that they should pay tax. But they argue that doing so will be taking away a right that they already enjoy. On the other hand, the Sixth Schedule extends the powers of the Parliamentary Service Commission and its mandate to set the lawmakers’ pay package, so constitutionally, MPs are not barred from seeking more money from the Treasury. It is a question of morality. Still, the new Constitution favours MPs at 259(1), which directs that the Constitution shall be interpreted in a manner that “advances the rule of law, the human rights and fundamental freedoms in the Bill of Rights; permits the development of the law and contributes to good governance.” If the legislative, representation and oversight mandate of the MPs is looked a...

The 90:10 formula in delimiting constituency boundaries explained...

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One good thing when you are a journalist, is that you get to access things that the rest of the people will never reach. So, on Saturday afternoon, I had my date with a professor from the University of Nairobi. Prof Francis WO Aduol. He is a good man, a very enthusiastic fellow. He was helpful beyond measure in the way he explained the 90:10 formula. If you have your calculator ready or care to follow the maths, then join me and let's see how this works. This is how it works. Kenya has an area of 582,102 square kilometers. The population is estimated at 40 million (though Prof Aduol's study uses 28.7 million as obtained from the 1999 census). In dividing the total population with the number of constituencies, one gets the average population at 95,626 people. That's the average population per constituency. If the total area is also divided by the 300 constituencies, it yields 1,940 square kilometres as the average size of a constituency. So how do we achieve the 'one man...

CONSTITUTION - PSC exposes Raila and Kibaki as "Kenya's Trouble"

Great people. I like Mutahi Ngunyi. so he admits that last week he was a little out of touch with the reality when he called for the Parliamentary Select Committee on Constitution Review to force those who don't want to agree to either walk out or stay put and agree. He had also argued that the MPs would walk out and derail the talks. Well, he has apologised, but I don't know why I feel that he'll take back that apology. Here is what he said. "This week I feel optimistic. I read more...