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2.1. Demographic characteristics…………………………………..2.2. Socio-economic Profile…………………………………………..2.3. Electioneering and Political Information…………………….2.4. 1992 Election Results……………………………………………2.5. 1997 Election Results……………………………………………2.6. Main problems…………………………………………………….
3. Constitution Making/Review Process……………………………
3.1. Constituency Constitutional Forums (CCFs)……………….3.2. District Coordinators…………………………………………….
4. Civic Education…………………………………………………………
4.1. Phases covered in Civic Education……………………………4.2. Issues and Areas Covered………………………………………
5. Constituency Public Hearings………………………………………
5.1. Logistical Details………………………………………………….5.2. Attendants Details………………………………………………..5.3. Concerns and Recommendations……………………………..
Appendices
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1. DISTRICT PROFILE
Butere/Mumias District is one of the 8 districts in Western Province of Kenya.
1.1. Demographic Characteristics
District Population by SexMale Female Total
227,043 249,885 476,928
Total District Population Aged 18 years &Below
137,684 137,919 275,603
Total District Population Aged Above 18 years 89,359 111,966 201,325
Population Density (persons/Km2) 508
1.2 Socio-Economic Profile
Butere/Mumias District:
• Is one of the most densely populated districts in the province, being ranked 2nd of the 8districts in the province;
• Has a primary school enrolment rate of 61.6%, being ranked 5th in the province and 46th
nationally;• Has one of the least secondary school enrolment rates in the province at 13.8%, being ranked
7th in the province and 47 nationally; and• Experiences the following main diseases: Malaria, respiratory tract infections, diarrhoea
diseases, intestinal worms, and skin diseases and infections.
Butere/Mumias district has 4 constituencies: Butere, Mumias, Kwhisero, and MatunguConstituencies. The district’s 4 MPs, each cover on average an area of 470 Km2 to reach 119,232constituents. In the 1997 general election, the ruling party, KANU, won all the parliamentaryseats in the district. It won, Butere, Mumias, Kwhisero, and Matungu Constituencies with50.31%, 54.42%, 69.15%, and 45.61% valid votes respectively.
2. CONSTITUENCY PROFILE
Matungu is a new constituency that was created in 1996. 2.1. Demographic Characteristics
Constituency Population bySex
Total Area Km2 Density (persons/Km2
)
108,314 259.80 416
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2.2. Socio-Economic Profile
The main economic activity the locals are engaged in is the production of sugarcane.
2.3. Electioneering and Political Information
KANU and the opposition hotly contested for the parliamentary seat in the 1997 generalelections. KANU, however, won the seat with 45.61% valid votes. In 2002, the National RainbowCoalition won the seat.
2.4. 1997 General Election Results
1997 total registered voters 33,657
CANDIDATE PARTY VOTES % VALID VOTES
Joseph PiusWamukoya KANU 10,678 45.61
Charles V.O.Okwalo
FORD-K 7,568 32.33
Samuel EchessaBuluma
SDP 3,421 14.61
Shaban O.Mabuko
DP 1,744 7.45
Total Valid Votes 23,411 100.00
Rejected Votes 498
Total Votes Cast 23,909
% Turnout 71.04
% Rejected/Cast 2.08
2.5. Main Problems
• Mumias Sugar Company processes the sugarcane produced by the farmers. According to thefarmers, the company has let them down in this respect; it harvests their sugarcane late;
• Poor infrastructure: the infrastructure in place is in need of improvement. More specifically,electricity supply, postal services, education standards, health service, and the repair of theroads that the government has left to the Mumias Sugar Company to attend to; and
• High unemployment rate.
3. CONSTITUTION MAKING/REVIEW PROCESS
3.1. Constituency Constitutional Forums (CCFs)
3.1.1. Philosophy
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The Constituency Constitutional Forum (CCF) plays a very significant role in the review of theconstitution. It is designated as one of the organs ‘ through which the review process shall beconducted’ - (sec. 4(1) of the Constitution of Kenya Review Act, Cap.3A). The importanceattached to the CCF arises from the recognition of the need to involve the people fully in thereview of the constitution. Only through such participation of the public will the newconstitution reflect the preferences, hopes and aspirations of the people. It would also increasepeople’s knowledge of constitutional issues, and facilitate their familiarity with the provisions ofthe new constitution. Additionally, the process, enhances the legitimacy of the constitutionamong Kenyans and their sense of ownership over it. In these ways the proper implementationand safeguarding of the constitution will be facilitated.
3.1.2. Composition and Establishment
The 1997 Review Act had provided for district forums ‘to mobilize communities at the local levelfor the purpose of civic education in preparation for the Commission’s work and to perform suchother duties as the Commission may assign’ - (sec. 12A (6). The District Forums were to consistof members elected to represent locations, religious organizations, and the disabled, in additionto MPs and members of every local authority in the district. The Act contained several provisionsprescribing minimum qualifications for membership and regulating the operations of the DistrictForums.
The Select Committee of the National Assembly, which reviewed the Act in early 2000, decided toreplace the District Forums with Constituency Forums to get views ‘ directly from the people inthe constituency without necessarily going through the rigours of an election to determine themembers of the forum’. It thought that this would provide for a more popular form ofparticipation. It recommended on the simplification of the forum to avoid elections. The SelectCommittee 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 leadershipcomprising Members of Parliament, councilors, community based organizations, religious groupsand individuals should be able to present views and opinions directly from the grassroots’ ( TheReport of the Parliamentary Select Committee Reviewing the Constitution of Kenya ReviewAct,1997, April 2000). It removed the regulatory powers of the Commission over the forum, itsrole being confined to the ‘facilitation’ of the forum. It also changed the function of the forumfrom the facilitation of civic education to also include facilitation and the collection of the views ofthe 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 preparedand gazetted Guidelines for the operationalization of the constituency constitutional forums. TheGuidelines stipulated that all the residents of a constituency would constitute the CCF. The CCFis 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 beobtained.
In order to coordinate and facilitate the activities of the CCF, a Constituency ConstitutionalCommittee (CCC) was to be established. The Guidelines proposed its membership to consist of10 persons, of which three would be ex-officio: the local MP, the chair of the County Council inwhich the constituency is located, and the District Coordinator. The Guidelines stated that the
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membership would be as broad and representative of the people of the constituency as possibleand recommended that at least a third of the committee should be women.
3.1.3. Functions of CCF
• Facilitation of collection of the views of the public at the constituency level on proposals toalter the constitution; and
• Debate and discussion of the views of the members of the public on proposals to alter theconstitution.
In performance of these functions, the CKRC was required to visit all constituencies (Sec.18(1)(a)).
3.1.4. Functions of CCC
• The functions of the CCC were mainly facilitative and advisory, the primary aim being toenhance the effective participation in the ownership of the constitution review process bythe people at the constituency level;
• The CCC was also mandated to promote, facilitate and monitor civic education at theconstituency level in collaboration with the District Coordinator and civic educationproviders;
• Additionally, the CCC had to ensure that the constituency had access to all informationrelevant 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 theCKRC. It was to be assisted in this by the District Coordinator, who was also its accountingofficer, 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 freeto modify them to suit local circumstances. For example, the size of the CCC could be increasedwhen and if adequate representation and diversity required it.
3.1.5. Date of Commencement of Work
The Constituency Constitutional Forum (CCF) was to run for an initial period commencingNovember 2001 up to September 2002. Accordingly, each Constituency ConstitutionalCommittee (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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3.2. District Coordinators
3.2.1. Mandate/Terms of Reference
• 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 alsoorganize their safety and security;
• Gathering any relevant local information and materials for the purpose of constitutionmaking;
• Facilitate the identification, classification and organization of the physical and electronicretrieval 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 facilitiesfor 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.
3.2.2. Criteria for Appointment
• Diversity in the composition, taking into account ethnicity, age, religion andprofessional or occupational background; and
• Appointees had at least attained Kenya Certificate of Secondary Education or itsequivalent.
4. CIVIC EDUCATION
Civic education in the constitution was carried out between 10 th January 2002 and 15 th June2002
4.1. Phases in civic education
Stage 1 is the only phase that has been covered. This is the stage preceding collection of views.This stage dealt with information, knowledge, skills and virtues that enabled Kenyans have aninformed choice and present their views on constitutional review.
4.2. Issues and areas covered:
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• Introduction to Civic Education• Issues and Questions for public Hearings• Constitution • Constitution making process• The constitution of Kenya • Emerging issues• Structures and systems of government
5. CONSTITUENCY PUBLIC HEARINGS
5.1. Logistical Details 1. Date and Number of Days for Public Hearings
a) Date(s): 5 th, 6th, and 7th Augustb) Total Number of Days: 3
2. Venuea) Number of Venues: 4b) Venue(s): a) Bulimbo Girls School b) Koyonza Secondary School c) Matungu Primary School
d) Mumias Sugar Company
3. Panelsa) CommissionersCom Salome Wairimu MuigaiCom. Dr. Mohammed SwazuriCom. Raiji Riunga
A total of 294 presenters made substantive presentations to the Constitution of Kenya ReviewCommission.
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5.3. Concerns and Recommendations
The following are the recommendations made by the presenters in Matungu Constituency. Therecommendations were collated around 43 areas of concern, from the Preamble to Nationalintegrity/identity. Only areas where recommendations were made in the constituency arecovered. The numbers in parentheses represent the number of times the recommendation(bulleted) was made, either orally or through written memoranda. Each count on a specificrecommendation was picked from an individual, a group or an organization. Where a presentermade different recommendations on the same area of concern, each recommendation wascounted separately. Where no number appears in parentheses, the recommendation was madeonly once.
5.3.1. PREAMBLE
• There should be a preamble.(18)• The preamble should be simple and clear.• The preamble should be written in simple and clear language.• The preamble should state that Kenya is a God fearing country.• The preamble should state that Kenya shall always be a democratic state.• The preamble should spell out the broad socio-economic values of the Kenyan state.• The preamble should be understandable, accessible and affordable to all Kenyans.• The preamble should address such issues as national vision, responsibility of the state,
and morals and ideals of Kenyans.(5)• The constitution should be for the people.• The preamble should capture Kenyans historical experiences (3)• The preamble should reflect a national vision of unifying all Kenyans in fighting
ignorance, poverty and disease.
5.3.2. DIRECTIVE PRINCIPLES OF STATE POLICY• Constitution should reflect democratic principles.• There should be effective separation of power through checks and balance, among the
executive, the legislature and judiciary.• The constitution should have statements capturing national philosophy and guiding
principles.(5)• The preamble should spell out peace, love and unity.(10)
5.3.3. CONSTITUTIONAL SUPREMACY• The constitution should provide for its supremacy over all other laws in the country.• The constitution should provide that a constitutional amendment shall only be through a
public referendum.• There should be a public referendum in amending the constitution.((11)• The amendment of the constitution should not be done by public referendum.(2)• The constitution should provide that a constitutional amendment shall only be through
a75 % majority vote.• The constitution should emphasize that parliament shall have the power to amend the
constitution by a majority vote.
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• The constitution should provide that a constitutional amendment shall only be through a85 % majority vote. (2)
• Parliament should be empowered to amend any part of the constitution by a majority65%votes
• There should be 80% majority votes required to amend the constitution..(3)• There should be 70% majority votes required for constitutional amendments.• Parliament requires 90% majority votes to make amendments.• Parliament should retain 65% majority votes required to amend the constitution.• Parliament should have limited powers to amend the constitution.(6)• Parliament should have no limited powers to amen the constitution.(3)• Some parts of the constitution should be amended by parliament.(2)• Parts of the constitution dealing with defense and national security, political parties,
structures and system of government, electoral process, and land and property rightsshould be beyond parliaments amending powers.
• Referendum conducted by the constitution of Kenya Review Commission..• An independent commission constituted by parliament should conduct referendum.• Village Elders should conduct referendum.• Churches should conduct referendum.• Appeal judges and electoral commission should conduct referendum.• Electoral commission should conduct referendum.
5.3.4. CITIZENSHIP• The constitution should confer to all persons born of Kenyan parents’ automatic
citizenship.(10)• Any person born in Kenya should be granted citizenship.(5)• Any person born to Kenyan father should acquire citizenship (2)• The constitution should provide that one could acquire citizenship through registration
and naturalization.(2)• Citizenship should be acquired through registration (5)• The constitution should not provide for dual citizenship.• The constitution should confer automatic citizenship to all persons legally married to a
Kenyan citizen irrespective of gender.• The constitution should provide that proof of citizenship shall be by way of National
identification cards, birth certificates and passports and shall be easily acquired.(9)• All persons who have attained the age of 12 years should be issued with identity cards as
the official documentation for proof of citizenship.• The constitution should confer automatic citizenship to all persons who have stayed in
Kenya for a continuous period of more than ten years.(2)• Citizenship should be acquired through appreciation.• Temporary citizenship should be given to foreigners on application.• Anyone who stayed in Kenya for more than 20 years should be an automatic citizen.• Citizenship should be acquired by virtue of one having stayed in the country for more
than 5 years and whose identity the local leaders have verified.• Spouses of Kenyan citizens, regardless of gender should be entitled to automatic
citizenship.(14)• Spouses of Kenyan citizens should not be regarded as automatic citizens. Female spouses
of Kenyan citizens should be entitled to automatic citizenship.• Male spouse of Kenyan citizen should be entitled citizenship upon certification of certain
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minimum requirements including a social and financial background.• Foreign spouses of Kenyan citizens should undergo formal registration procedures before
such marriages are procured.• A child born of one Kenyan parent, regardless of the parent gender should be entitled to
automatic citizen.(12)• Constitution should provide that a child adopted by Kenyan parents should be an
automatic citizen upon application.• Citizen should have a right to participate in national affairs.• Citizens should own property (3)• Citizens should be involved in national development project and obey rule of the country.• Persons who have acquired citizenship by registration should not have a right to vote or
vie for elections• The constitution should provide that the rights and obligations of a citizen should not
depend on the manner citizenship is acquired.• The constitution should provide that the rights and obligations of a citizen should strictly
depend on the manner citizenship is acquired.• The constitution should allow dual citizenship.(9)• The constitution should not allow dual citizenship.(4)• Upon attaining age of 18 all Kenyans should be issued with identity cards or passport.(2)• Government should be required to give all citizens passports.(2)• The constitution should provide that the Government issue birth certificates and passport
to all citizens.(2)• Driving License should be used as proof of citizenship.• Muslims should not be discriminated when it comes to issuance of national identity card.• All Kenyans should be issued with ID cards at the age of 18 years• The constitution should provide that Kenyans carry 2 national ID cards as proof of
citizenship.• The birth certificate should be abolished. • Baptismal card should be carried as a proof of citizenship.• The government should issue passports to all citizens on attaining 18 years.
5.3.5. DEFENCE AND NATIONAL SECURITY• The constitution should provide that police brutality shall be against the law thus liable to
prosecution.• The constitution should provide for the abolition of the colonial police system.• The constitution should provide that police officers shall be transferable after six (6)
months.• The constitution should provide that police officers shall ware identification numbers
while on duty.• The constitution should provide that police officers shall have a warrant of arrest effecting
arrests.• The constitution should provide that police officers shall be employed for a maximum
period of four (4) years. • The constitution should provide for the abolition of the Armed forces and retain the police
force.• The constitution should provide for the abolition of the Administration Police.2• The constitution should guarantee security to all Kenyans without discrimination and
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police brutality. • The constitution should provide for the establishment of a disciplined military and police
force.• The constitution should provide for the establishment of the Ministry of Defense to
perform the roles of the commander in chief of the armed forces.(2)• The constitution should provide for the establishment of police stations on all the sub-
locations.• The constitution should guarantee the public that police officers shall not harass them.• The constitution should provide that the police force shall be trained for more than six (6)
mouths.• Regular police training should be expanded.• The various police groups should be combined into one and be retrained. • The constitution should provide that the president shall not be the commander in the
Armed forces.(14)• President should be commander in chief of the Armed forces.(10)• The disciplined forces should be established in the constitution.(8)• Constitution should not establish discipline forces.• There should be one type of forces e.g. GSU or AP• All armed forces recruits should be O` Level certificate holders.• Training of police force should be relevant to the goals and aspiration of the society.(3)• The constitution should provide that the recruitment of police be done in every
sub-location..• The constitution should provide that the police follow laid down rules and regulation in
carrying out their duties.• The constitution should provide for a Minister of Defense to be in charge in the office
president.• Police should put on uniform while on duty.• The police force should be disciplined.• The armed forces should be prosecuted in law courts.• The armed forces should be prosecuted in martial courts, for sensitive cases.(2)• Parliament should have power to declare war.(4• The president should have power to declare war (5)• Both the parliament and the president should have power to declare war.• The constitution should permit the use of extraordinary during emergencies.(6)• Parliament should have power to approve the use of extraordinary powers(5)• The constitution should not permit the use of extraordinary powers during emergencies.• The chief justice or the Attorney General should have power to invoke emergency powers• Parliament should have power to invoke emergency powers.• Parliament should check all presidential decrees during an emergency.• The constitution should provide that the military personnel be trained in various courses
apart from military duties so as to take part in development projects like roadconstruction.(3)
• The constitution should provide that the military personnel trained in various professionsbe deployed to various ministries.
5.3.6. POLITICAL PARTIES
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• The constitution should limit the number of political parties in the country to 1.• The constitution should limit the number of political parties in the country to 2.(4)• The constitution should limit the number of political parties in the country to 3.(25)• The constitution should limit the number of political parties in the country to 4.• The constitution should limit the number of political parties in the country to 5.(6)• The constitution should limit the number of political parties in the country to 8.• The political parties should be limited to 10.• The constitution should provide broad guidelines requiring that composition,
management and policies of political parties are gender sensitive.• The constitution should provide broad guidelines requiring that political parties have a
development focus.• The constitution should provide that political parties involved in national development
projects.(5)• Political parties should have enhanced political, social, and economic cohesion.• Political parties should play a bigger role in civic education.• Political parties should work with the government to alleviate poverty.• The constitution should provide for public funding of political parties as long as such
parties have representation in parliament and have a demonstrable substantial following.• The constitution should provide that a political party shall have a minimum number of
20,000 members in every province.• The constitution should provide that political parties shall not obtain a license to hold a
political rally from the police.• The constitution should provide for a limit to campaigning monies.• The constitution should provide that all political the radio and TV stations give parties
equal airtime opportunity.• The constitution should provide that political parties shall be tribalistic to be able to cater
for the various tribes.• The constitution should regulate their formation, management and conduct of political
parties.(14)• The constitution should provide that a political party has more than 20,000 supporters to
be registered.• Every political party should have at least 20,000 members in every province• Political parties should have a good manifesto, vision, ideology and objectives. They should
be active for 5 years before registration and pay a fee of Ksh.50, 000 to be registered.• The constitution should provide that all the non-performing political parties be abolished.• Political parties should have a national outlook.• Political parties should be financed by the government (27)• Political parties should finance themselves (5).• Constitution should not provide that political parties • Political parties should be free to seek material and from there partners locally or
internationally.• For any political party to attract funding from the state it must have a national outlook
with a membership of at least 2.5 million. such political party should account for thefunds on an annual basis.
• The constitution should provide that political party must have a national outlook and beinvolved in state functions so as to be funded by the government.
• The constitution should provide the government fund political parties according to theirstrength in parliament.
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• The constitution should provide that the state and political parties liaise in enhancingnational development
• The constitution should provide that political parties work in partnership with the state.• The constitution should provide that the media be non-partisan to all political parties and
not favour the ruling party.
5.3.7. STRUCTURES AND SYSTEMS OF GOVERNMENT
• The constitution should provide for a parliamentary system of government with a PrimeMinister as the head of government.(9)
• There should be hybrid system of government and shall be responsible for appointing thecabinet and there should be an office of deputy Prime Minister.
• The constitution should provide for a representative government with a president electedby the people.
• The constitution should not provide for the post of Prime Minister and his/ her assistant.• The constitution should provide for the post of deputy president with clearly defined roles
and the post of vice president be abolished.• The constitution should not provide for a Majimbo system of government, as it would
hinder national integration.• The Prime minister should be the head of government.(5)• The president should be the Head of state.• Citizens should elect the Prime Minister.• The Prime Minister should be appointed from the majority party in parliament.• When the constitution provides for a Majimbo system of government, the sub-national
units should correspond to the boundaries of current provinces.(4)• The constitution should provide for a unitary system of government.• Presidential system of government should be retained.(9)• Presidential system of government should not be retained.• The constitution should provide for a unitary system of government with a President and
an executive Prime Minister.(6)• The constitution should provide for a central government system with one president.• The constitution should provide for a federal system with four (4) federal states.• The constitution should adopt a federal system of government. (20)• The constitution should not adopt a federal system of government.• The constitution should provide for the independence of the three (3) arms of the
government.• The president should be ceremonial (7).• Power should be devolved to lower levels of government.(11)• Vice president should not be presidential nominee.• Vice president should be in charge of executive powers when the president goes on live.• The vice president should be elected by the voters directly (4)• There should be an office for vice president• V.P. should be voted in by parliament.• The vice president should be elected as the running mate of the president.• Vice president should not be of the same gender as the president.• The constitution should provide if president is a man the vice president should be a
women and vice versa.
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• Attorney General should be an elective post.• The appointment of Attorney General should be subject to parliamentary approval.
5.3.8. THE LEGISLATURE
• The constitution should give Parliament power to impeach the president.• The constitution should give Parliament power to vet all constitutional appointments by a
2/3 vote.• The constitution should provide that the parliament shall have the power to check the
presidents conducts.• The constitution should provide for an independent commission to decide on the salaries
of MPs.• The constitution should give Parliament power to control its own calendar and set its date
of dissolution.(3)• The constitution should give Parliament power to control its own operations through the
standing orders.• The constitution should give voters the right to recall non-performing MPs by way of
petition, referendum or collection of a required number of signatures from the MPsconstituency.(25)
• Members of Parliament should declare their wealth.• The constitution should provide that MPs shall not be pensionable.• The constitution should provide that MPs have public offices in their constituencies.• The constitution should provide for a minimum qualification of O level education for
MPs.(5)• The language test for MPs should be adequate should be Diploma holders.• MPs should be a graduate• The constitution should provide that language tests for MPs are sufficient• There should be moral and ethical qualifications for MPs (15)• The constitution should provide that MPs shall not serve for more than 3 terms of 5 years.• The constitution should that MPs serve for a period of 5 years• The constitution should not provide for any qualifications for MPs.• The constitution should provide that MPs can only be elected for two five years term.• The constitution should provide that parliament be a full time occupation.(15)• Being an MP should be part time occupation.(6)• The constitution should not give MPs the powers to dissolve parliament.• The constitution should provide MPs to be protected by the Law.• The constitution should provide that the presidential retirement benefits shall not be
determined by parliament.• The constitution should provide that the parliament shall have the power to appoint
senior government officials• The constitution should provide that parliament shall establish a body to appoint the
electoral commission and senior government officials.• The constitution should provide that parliament shall have the power to appoint the
Attorney General.• The constitution should stipulate the minimum age of an MP shall be 35 years. • The constitution should give the parliament the power to appoint cabinet ministers and
the commander in chief of the armed forces.• The constitution should provide for the formation a coalition government..(13)
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• The constitution should provide that parliament have 2-chambers, i.e. an upper and lowerhouse.(3)
• There should be more chambers in parliament.• The unicameral parliament should be retained.• The constitution should provide that all-presidential appointments be vetted by
parliament.(14)• The constitution should provide that the president shall be at least 40 years of age.• Presidential candidate should be 45 years and above.• The constitution should provide that the president must be at least 35 years (3)• The presidential candidate should be aged between 35 and 70 years.• The voting, parliament, and presidential age should be 18, 35 and 50 years respectively.• The age requirement for voting should be 18 years.• The age requirement for contesting parliamentary seat should be between 25 and 75
years.• The constitution should provide that the president shall be between 40 and 75 years.• The constitution should provide that the president shall retire at the age of 70 years.• The constitution should provide that nominated MPs be representatives of all the
vulnerable groups.• The constitution should stipulate that the salaries of the MPs should be reduced to not
more than Kshs 30,000.• The parliament should elect Ministers, speaker and Electoral Commission of Kenya.• Parliament should have unlimited control over it own procedures.(8)• A presidential candidate should be between 35 and 50 years of age.• The age requirement for contesting presidential seat should be between 30 and 75.• Age requirement for contesting presidency should be above 40 years.(2)• Age requirement for contesting presidency should be above 45 years.• The constitution should provide that age requirement for parliamentary candidate be less
than 50 years.• The constitution should provide that age requirement for presidential candidate be
between 40 and 70 years.• The constitution should provide that the voting age be reduced to 16 years.• The constitution should provide that the voting age be 22 years.• The constitution should provide that age requirement for presidential candidate be
18years and above.• The constitution should provide that age requirement for parliamentary be 18 years and
above.• The constitution should provide that age requirement for parliamentary candidate be 35
years and above.• An aspiring president should be aged between 35-65 years.• An aspiring MP should be over 21 years old and below 65 years.• An aspiring president should be aged between 35-60 years.• Aspiring president should be 25 years and above.• Mps should be aged 25 years and above.• MPs should act on the basis of their conscience and not from their constituents.(9)• MPs salaries should not exceed Ksh.300,000 and be based on academic qualifications.• The constitution should provide that the MPs salaries should be replaced• A commission should determine salaries and benefit of MPs, which shall be independent
of parliament.
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• The salaries of MPs should be determined by the public service commission.(2)• A board should be formed which consist of 40% of MPs to decide on their salaries.• The constitution should establish a salary commission to determine the salaries and
benefits of MPs.• The concept of nominated MPs should be scrapped.(5)• The constitution should not retain the concept of nominated of MPs.(12)• The constitution should establish measures to increase women participation in
parliament.(3)• There should be no special measures to increase women participation in parliament.(2)• Women should be 50% in parliament.• Constitution should provide for a 35% women representative in parliament, local
authorities and all decision-making organs.• Women should have 30% representation in parliament.• The constitution should provide that women hold 15% of seats in parliament.• The constitution should provide that any MP who misses to attend two consecutive sittings
without apology should automatically lose his seat.• The constitution should provide that an MP who defects from his party should not be
subjected to a by-election.• The constitution should provide for multi-party representation at both the legislature and
executive level (11).• Parliament should have power to summon a president for misconduct and pass a vote of
no confidence to impeach him (5).• President should have the power to veto legislation passed by parliament.• President should have no the power to veto legislation passed by parliament. (4)• The president should have no power to dissolve parliament (14)• The president should have power to dissolve parliament.• Parliamentary elections should not be staggered.• Parliamentary elections should be staggered so that we always have sitting MPs.(2)• Mps should have offices in their constituencies.(7)
5.3.9. THE EXECUTIVE
• The constitution should provide that all presidential candidates declare the source of theirwealth.
• The constitution should provide that the president shall be subject to the law.• The constitution should limit the powers of the president.• The constitution should provide that the president shall not have the power to dissolve
parliament.• The constitution should provide for the impeachment of the president.(3)• The constitution should provide that the president shall serve a maximum two five year
terms.• The constitution should provide that the president shall serve a maximum of 8 years • The constitution should provide for a minimum qualification of a university degree.(17)• The constitution should provide for a minimum qualification of a university degree in
political science for a presidential candidate.• The constitution should provide that the president shall not be an elected MP.
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• Presidential candidate should have moral and ethical values.(5)• Presidential candidate should be a forth former.• The constitution should provide that the vice- president shall not be an elected MP.• A presidential candidate should be a Kenyan citizen.• A presidential candidate should be fluent in English and Kiswahili.• The constitution should provide that if the president is a man, the Vice president should
be a woman and vice versa.• The constitution should stipulate that the president and his deputy be men.• The constitution should provide that the president be married.• The constitution should provide that the prerogative of declaring a state of emergency
shall be exercised by the president.• The constitution should provide that the Vice President be directly elected by popular vote.• The constitution should abolish the provincial administration structure of government.• The constitution should provide for the election by popular vote of provincial
administration officials.• The constitution should provide that the provincial administration is abolished and its role
should be taken over by the local government.• The constitution should provide that provincial administration officers be elected by
popular vote and shall hold office for at most five (5) years.• The constitution should provide for the recruitment of provincial administration from the
local areas and be transferable.• The constitution should provide that the president shall not have the powers to appoint
judges.• The constitution should provide that the presidential expenditure shall be regulated. • The constitution should provide that the president shall not have the power to appoint
senior government officials • The constitution should provide that the president shall not have the powers to nominate
MPs.• The constitution should provide that the village elders be recognized and paid by the
government • The constitution should provide that the post of the president shall rotate within the
provinces.• The constitution should provide that three is an equal distribution of cabinet posts among
all tribes.• The constitution should provide that the president and the vice president shall not be
from the same place.• The constitution should provide for the post of the president rotating among the provinces • The constitution should provide that 30% cabinet posts be reserved for Muslims • The constitution should stipulate the functions of the president.• The presidential tenure should be 2 terms of 5 years each.• The constitution should stipulate that the president shall not be the chancellor of public
universities.• The constitution should stipulate that the president shall be God fearing.• The constitution should not provide for the present presidential unit service.• The presidential tenure should be 2 terms of 5 years each.(25).• The constitution should fix presidential tenure.• The presidential term should be one term of 3 years.• The constitution should define presidential functions.(11)
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• The president should be the head of government.• The president should not be above the law.(19).• The president should have limited powers (19).• The constitution should provide for the removal of the president due to misconduct.(9)• The constitution should provide that the legislature be independent from the executive.• The president should be an MP.(10)• The president should not be an MP ((11).• The constitution should abolish Provincial Administration.(14).• The constitution should retain provincial Administration.(8)• Chiefs and assistant chiefs should be elected by the people.(8)• Chiefs and assistant chiefs should be elected by the people.(6)• Village elders should be paid and provided with uniform.• The provincial should consist of professionals who are qualified in administration and
management and not afflicted to any political party.• There should be Christian ministry to cater for religious issues.• Total number of ministries should be 717• The constitution should specify the number of ministries.(4)• There should be no more than 16 ministries.• The constitution should provide that every ministry has one minister and one assistant
minister.• The government should establish a ministry to sustain and enhance the interest of the
disabled.• The constitution should provide for the ministry of youth and women affaires.• There should be Minister for constitution Affairs.
5.3.10. THE JUDICIARY
• The constitution should provide for the independence of the judiciary.(6)• The constitution should provide that appointment of judges should be approved by two
thirds of the Members of Parliament.• The constitution should provide that Kadhi's Court shall have a Chief Justice.• The constitution should provide for the establishment of a higher court from the Kadhi’s• The constitution should provide for kadhis to be promoted to magistrates. • The constitution should provide that kadhis shall be university graduates. • The constitution should provide for a levy- free access to judicial service.• The constitution should provide for the establishment of domestic courts to settle disputes.• The constitution should provide that judges shall be transferred every one year.• All persons found guilty of offences be tried and prosecuted according to the law without
discrimination.• Petty offenders should be automatically bonded instead of being jailed.• The constitution should provide that cases in courts should be presided over within a
specific period of time.• There should be mobile courts to dispense justice instantly.• The constitution reintroduces local land tribunals’ courts.• The constitution should provide that a criminal suspect not be kept in a cell for more
than 6hours.
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• There should be a supreme court.(5)• There should be a constitution court.(5)• The post of chief justice should be elective.• Judicial officers should be appointed by the judicial service commission and approved by
parliament.(3)• Appointment of judicial officers should be done after recommendation by the scholars and
confirmation by the parliament.• Independent commission should be appointed by parliament to appoint judges.• The president should appoint judicial officers.• The constitution should provide for the appointment of judicial officers by parliament.• Judicial officers should have at least a degree in law and have practiced as an advocate of
the high court of Kenya for at least five years.• The judicial officers should be holders of university degree.(2)• The constitution should provide that minimum educational qualification for judges be a
masters degree in law.• Judges and magistrates should have tenure of office of six years each of 3-year term and
judicial officers should have security of office.(2)• The tenure of office should be 5 years.• The constitution should provide that judges be transferred after three years.• Judges should be transferred regularly.• A commission should be set up to try judges found guilty of misconduct.• The constitution should provide that the chief Kadhi be restricted only to judicial work.• Muslims should be tried only in Muslim/Islamic courts.• The constitution should provide that the chief Kadhi have similar qualification as
magistrates and highly conversant with quaranic education.• The council imams should appoint Kadhi and the chief Kadhi.• The constitution should provide that the kadhis court handle all issues under Islamic
law.(3)• The kadhis court should have appellate jurisdiction.(3)• The constitution should guarantee access to court for all citizens by paying court closer to
the people.• Ruling I court should take a short time.• The constitution provide for the establishment of courts at divisional level to ensure all
citizens have access to courts.(3)• The government should provide that all poor persons should have a right to legal aid.(8).• People should be protected against exploitation from the lawyers.• The constitution should provide that village elders handle local disputes.• The constitution should provide that village elders handle issues on land transfer.
5.3.11. LOCAL GOVERNMENT
• The constitution should provide that all-elective positions in the local government,including the position of the mayor and the chair of the Country Council, be filled bydirect popular elections.(27)
• The constitution should provide that Mayors and Chair of County Council serve amaximum two five-year terms.
• The constitution should provide that Mayors and Chair of County Council serve for five (5)years.(6)
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• The constitution should provide that Mayors and Chair of County Council serve for threeyears.
• Mayors and council chairmen should serve for a period of one and a half years.• The constitution should provide that Mayors and Chair of County Council be appointed by
councilors.• The constitution should provide that Mayors and Chair of County Council serve a
maximum of a single one-year term. • The constitution should give mayors and councilors shall serve for five years time.• The constitution should give the voters the right to re-call non-performing councilors.• The constitution should provide that the minimum qualifications of mayors and councilors
shall be “O” level education.(21)• Mayors should be a diploma holder or above.• Councilors should have primary education.• The constitution should give the Ministry of local government power to supervise the local
councils.• The constitution should abolish nomination of councilors.• The council should continue operating under the central government.(3)• The council should not continue operating under the central government.(9)• There should be a language test for local authority seats.(5)• Language test for the civic leaders are not sufficient and they should be subjected to
reading, speaking and writing both English and Kiswahili.• There should be moral and ethical qualification councilors.(8)• Electorate should have a right to recall non-performing councilors.(14)• Parliament should determine the remunerations of councilors• The constitution should provide that the public service commission determines the
remuneration for councilors. (3)• The constitution should provide that the central government determines remunerations of
councilors.• Councilors should determine their salaries.• The directorate of personnel management should be the one to determine and fix
councilors salaries.• The constitution should provide that councilors be paid from consolidated fund.• The constitution should retain the concept of nominated councilors.(6)• The constitution should not retain the concept of nominated councilors (4)• Nominated councilors should be disabled persons, youth, women and professionals.• The constitution should retain the concept of nominated councilors with 50% for women.• Defection of councilors should be prohibited.• President/minister of local government shall only dissolve a council after consulting the
electorate.(7)• The president and local government should have no the power to dissolve local
authority.(2).• The government should reduce or abolish license fees for small business entrepreneurs.• The constitution should provide that councils only charge license tax to individuals who
own big business enterprises.• Market centers should not be built by the councils and should not have to tax all
small-scale traders.• Local government act should be amended to empower the councilors.• The constitution should provide that county municipal councils enhance development
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project in their localities.• The constitution should provide that local administration verify registration of national
identity cards and passport.
5.3.12. THE ELECTORAL SYSTEM AND PROCESS
• The constitution should provide that in a presidential election, the winning candidatemust get at least 50% of the votes cast.(3)
• The constitution should provide that in a presidential election, the winning candidatemust get at least 51% of the votes cast.(2)
• The constitution should provide that in a presidential election, the winning candidatemust get at least 25% of the votes cast in five provinces.(6)
• The constitution should provide that in a presidential election, the winning candidatemust get at least 30% of the votes cast in five provinces.
• A presidential candidate should garner a minimum of 65% votes to be declared a winner• A wining presidential candidate should have 70% votes of all registered votes• The constitution should provide that votes be counted at the polling station.(9)• The constitution should provide that Presidential and Parliamentary elections be held on
separate dates. In all cases, presidential elections should be held first.• The constitution should provide that voting be done by secret ballot.(5)• The constitution should clearly stipulate the election date of general elections.• The constitution should provide for the autonomy of the Electoral Commission.• The constitution should provide that Commissioners appointed to the Electoral
Commission be nominated by, and be representative of all political parties.• The constitution should provide that election of commissioners to the Electoral
Commission be subject to vetting and approval by parliament.• The constitution should provide that ballot boxes be transparent.(2)• The constitution should make provision for equal access to the state media for campaign
purposes, by all registered political parties.• Civic education should be entrenched in the constitution and should be a continuous
process• The constitution should provide the electorate with a right to petition any election at all
levels.• The constitution should provide for the rule of a simple majority.(5)• The constitution should provide for a continuous voter’s registration.• The constitution should provide for a simplified electoral process.• The constitution should provide that elections shall be held after every five years• The constitution should provide that the Electoral Commission shall be charged with the
role of conducting all elections even those of the political parties. • The constitution should provide for the election of two (2) in every constituency with one
being a woman.• There should be representative electoral system (5).• Women representation in parliament should be stepped up to a reasonable ratio to men.• Any candidate who fails to seek nomination from one party should be not be allowed to
seek nomination from the other.(3)• Candidate who defects from their parties should seek fresh elections• Member of parliament who defects should automatically lose their seats with 24 hours and
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such persons barred from contesting the seat.• Defection between parties should be allowed.• There should be no defection between parties.• If an MP defects from one party to another, the by election should be held after that term
is over.• The constitution should provide that individuals not defect from their parties before the
expiry period of 5 years.• A defector should not be allowed to contest in the ensuring by election• There should be 10% representation requirement in 5 provinces.• The constitution should reserve seats for women and people with disabilities.• The constitution should have reserved seats for minority.• There should be no seats reserved in parliament for special interest groups.• The constitution should reserve seats for special interest groups.• The constitution should reserve seats for the youth• The constitution should reserve seats for women.• The constitution should provide for 35% to be women in all levels of representation and
decision-making.• The constitution should reserve seats for the disabled.(2)• The constitution should retain the current geographical constituency boundaries.• The current geographical boundaries should be done away with. • A third of the Mps in parliament should be women.• Population density should be basis of demarcation of constituencies.• Presidential elections should be done separately from parliament and civic elections.(10)• Civic, parliamentary, and presidential elections should be held simultaneously.• The new constitution should clearly prescribe and enforce rules to make elections free and
fair and during elections, opponent should share a platform as colleagues and not witchhunt one another.(4)
• The constitution should provide that voting age be reduced.• The ECK should control all elections including party elections.• Kenyans who are foreigners’ countries should have a right to vote.• Election expenditure by each candidates should be limited.(3).• The constitution should specify the election date.(4)• Presidential should be elected directly (5)• The constitution should provide that the president be elected by members of parliament.• The constitution should provide that presidential candidates be on a rotational basis
through the country.(2)• Presidential seat should change from one tribe to another.• The 2002 election should be done under the new constitution.• All electoral commissioners should be university graduates.• Electoral commissioners should be lawyers and be of high integrity.• Electoral commissioners should be appointed by parliament.(5).• Electoral commissioners should serve for not more than 10 years.• The commissioners should be elected every year of the election.• The constitution should provide that electoral commissioners retire immediately after
elections.• Electoral commission should be funded by the government.• Election violence should be outlawed.• Persons who corrupt voters by issuing hand out should be banned from contesting and
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prosecuted.• Voter bribery and rigging should be outlawed in the electoral laws.• The constitution should ban violent campaigners from vying for any electoral seat.• The president should not campaign for any candidate of his choice. This should be
considered as an election offence.• Any person found engaging in malpractice should be disqualified from election
5.3.13. BASIC RIGHTS
• Constitutional provisions for fundamental rights are adequate.• Fundamental rights are not fully taken care of in the constitution• The constitution should guarantee the protection of the human rights of all Kenyans.• The constitution should guarantee the protection of the children rights.• The constitution should protect all Kenyans against domestic violence.• The constitution should provide freedom and protection of all religious groups.• The constitution should provide that Islamic practices and Islamic Sharia Laws shall be
practiced in Kenya.• The constitution should guarantee freedom of assembly to all citizens.(3)• The constitution should provide for the freedom of expression and association.(^)• The constitution should provide for the freedom of movement.(4)• The constitution should guarantee freedom of worship to all citizens (15)• The constitution should provide that Saturday should be recognized as a worshipping day
for SDAs.• Kenyans should exercise freedom of worship but then with control measures against
harmful sects• The constitution should provide for the protection of all Kenyans from torture and
intimidation.• The constitution should strengthen procedures for realizing fundamental rights to life and
personal liberty protection from slavery and forced labour and inhuman treatment.• Constitution should provide that all persons, rich or poor be treated equally with no
discrimination.• Death penalty should be abolished and replace it with life imprisonment.(5)• There should be right for life.• Constitution should prescribe a death penalty for one who kills another one intentionally• The constitution should not abolish the death sentence.• The constitution should abolish Death sentence.(6)• The constitution should guarantee the security of all Kenyans. (10)• The constitution should provide for free and compulsory formal education up to university
level.(6)• The constitution should provide for free basic health care for all in both rural and urban
areas.• The constitution should guarantee every Kenyan, basic food, clothing and shelter.• The constitution should guarantee every Kenyan, equal and non-discriminative treatment
by the law irrespective of gender, ethnic or racial background.• The constitutions should built schools and integrate secular education with Islamic
religious teachings.• The constitution should guarantee the protection of Workers from exploitation and
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intimidation from employers.• The constitution should provide workers with the right to industrial action.• The constitution should provide that education is free to all Kenyans.(13) • The constitution should enforce girl child education.• The constitution should provide free education for the poor students.• There should be free primary education.(24)• There should be free secondary education.(11)• There should be free and compulsory education to all(18)• The constitution should provide that parents shall meet the fee for primary schools and
the government to meet secondary fees• The constitution should guarantee all Kenyans access to clean water.(5)• The right to shelter and housing should be enshrined in the constitution.• Constitution should enshrine shelter as the basic right.• Food should be recognized in the constitution as a basic right • The constitution should provide that retirement age be 50 to 55 years.• The constitution should enforce the concept of one-man one job.(16)• Salaries and benefits for teachers should be increased.• There should be employment for all.• Remunerations for health workers should be made as attractive as possible.• The government should be regulating all employers mode of paying salaries so that
underpaid and others overpaid.• The constitution should guarantee free aids drugs• The constitution should provide that the government shall meet burial expenses for the
bodies taken to the mortuary by the police.• The constitution should provide that the national languages shall be English and
Kiswahili.• The constitution should provide that the government shall guarantee employment for all
school leavers.• The constitution should provide that teachers shall be transferable within a period of five
(5) years.• The constitution should provide that all women shall be taught reproductive health.• The constitution should provide that a maximum number of children to four (4) per
family. • The constitution should provide that the government shall provide free primary education.• The constitution should provide that natural family planning shall be included in the
education curriculum.• The constitution should provide that all men and women shall marry or be married.• The constitution should provide for a national day for thanks giving. • The constitution should stipulate that age of retirement for the civil servants shall be 60
years. • The constitution should stipulate that age of retirement shall be between 45-50 years. • The constitution should provide that retirees shall be reemployed and be recognized in
their local areas.• The constitution should provide welfare allowance to all unemployed persons above 60
years.• The constitution should provide that Kenyans have a right to access information in
possession of the state.• The constitution should provide for the constitution to be translated to local languages and
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made available to all Kenyans..• Constitution should eradicate all forms of discrimination against anyone on basis of
• The universal declaration of human rights should be entrenched in the constitution.• The constitution should entrench social, economic and cultural rights..• Constitution should protect security, health, water, education, shelter, food and
employment.(8).• Constitution should ensure that all Kenyans access basic needs such as health facilities,
water education and food.• The constitution should guarantee basic needs to all citizens without discrimination.• Government should ensure that Kenyans enjoy their basic rights.(8)• The constitution should guarantee security to both Kenyans and visitors/tourists.• The constitution should provide that the government give free medical care to the aged.• There should be free health.(18)• The constitution should provide for the provision of free medical care to the sick.• The government should provide free health care to persons suffering from chronic disease.• The government should provide free health care to persons under 18 years and above 60
years.• The constitution should provide that all employees be members of National Hospital
Insurance Fund.• Graduates from public universities should be employed and their salaries reviewed after
every 2 years. • Citizen should have employment.(6)• There should be right to employment.• Government should create jobs for the youths. The government should provide that
employment be done on shorter contract basis.• The government should hire employees for only 15 years.• The constitution should provide that retirees should not be employed elsewhere so as too
give job opportunities to the youth.• Any person who has retired from any office should not be eligible to contest from any
political party.• The disabled should be guaranteed the right to employment.• The constitution should provide that the government to give KSH 2000/= to all Kenyans
who are not employed as welfare.• The government should give welfare to the youth for their upkeep.• The government should be prompt in making payments to retrenched civil servants.• Payment of pension of retirees should be decentralized to district level.• The constitution should provide that the government pay monthly welfare to citizens above
18 years who are unemployed.• The constitution should provide that the government pay welfare to all house wives for
their upkeep.• The constitution should be written in simple and easily understandable language.• Civic education should be a continuous process.• Constitution should be written in all languages.• The constitution should be translated in Kiswahili.(5)• Constitution should be available to citizens (4)• Kenyans should have right to access information in the hand of the state or any of its
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urgencies.(4)• The constitution should guarantee all workers right to trade union representation.(6)• The constitution should guarantee women the right to trade union representation.
5.3.14. THE RIGHTS OF VULNERABLE GROUPS
• The constitution should protect and guarantee the rights of the women. Women rights arenot fully guaranteed in the constitution. Women should be represented in alldecision-making bodies.
• The constitution should protect the disabled.• The constitution should guarantee and protect the rights of the disabled.(7)• The interest of the people with disabilities are not fully taken care of in the constitution• The constitution should provide for government rehabilitation of street children.• The constitution should make provision for sign language services for the deaf in all public
places including parliament.• The constitution should provide affirmative action in favor of the disabled in all public
facilities.• There should be an affirmative action women and marginalized groups• Affirmative action should be enshrined to enhance the participation of women, disabled,
and the youth in decision-making• The constitution should provide for government buildings structurally sensitive to the
needs of the disabled.• The needs of the people with disabilities should be guaranteed such as the disabled
women should have personal rights in marriage, any form of violence or abuse for disabledshould be stopped.
• The mentally and physically handicapped should be allocated places to stay in education,good care, security and employment.
• Disabled children should be taken care of through organized and funded groups.• The constitution should provide for affirmative action in favor of the needy, women aged,
HIV positive and mentally sick persons.• The constitution should protect Child rights especially the right not to be forced into an
early marriage.• The constitution should guarantee and protect the rights of orphans• The constitution should guarantee and protect the rights of the children.(5)• The constitution should be abolished child labour.• Children should have equal rights in succession and inheritance.• Boys and girls should have same rights inheriting parent properties.• The constitution should protect the education of the Girl child.• The constitution should guarantee the rights of women and children are protected.• The constitution should guarantee free education to the disabled.(4)• The constitution should grantee that the government takes care of the disabled and poor.• The constitution should provide that at least 1/3 of parliamentarians be women• The constitution should provide for a 25% representation of the disabled/ women out of
which 50% shall be women. • The constitution should provide for the enhancement of the rights of the disabled and the
aged.• Government should take care of old and the aged• The constitution guarantee and protect the rights of persons above 70 years by building
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homes for them.• Street children and widows should be considered as vulnerable groups.• The constitution should protect the rights of widows and the elderly.• The constitution should provide for protection of women and girls against domestic
violence.• The constitution should provide that vulnerable groups be provided with employment. .• The constitution should provide for setting up a bursary fund for the disabled. • The constitution should protect the right of prisoners.• Muslims prisoners should be allowed to perform their daily prayers.• Prison conditions should be improved and provide with technical expertise to help
rehabilitate prisoners.• Prisoners should be allowed conjugal rights.• If a person dies in prison, the government should compensate his family accordingly.• Prisoners should be trained and used to build, roads, school bridges etc.• Prison cell should be categorized as common and special cells. Beneficiaries of special
class should be made to pay maintenance fee to the government for their upkeep.• Police should not torture prisoners.• The government should establish cells to cater for the needs of Muslims prisoners in terms
of praying and other religious practices.• The constitution should provide that the government improves prison conditions for
inmates. Prison should be a rehabilitation center.• The constitution should provide that prisoners undergo reformatory programmes.• Prisoners right should be addressed.
5.3.15. LAND AND PROPERTY RIGHTS
• Individuals should have ultimate land ownership.(17)• Government should have ultimate land ownership (6)• Local community should have ultimate land ownership.• Constitution should empower the government to take private land only if adequate
compensation has been done. (4)• The government should have power to compulsorily acquire private land for development
purposes after substantial agreement with the owner.• The government should not have power to compulsorily acquire private land.(6)• The government should have power to compulsorily acquire private land.(2)• The government should only have powers to acquire private land for national purposes and
compensate owners at one and a half times the market price.• The government should tax all landowners who do not use land for agricultural purposes.• Local authority should have the mandate to control use of land by owners.• The should provide that all landowners should use 50% for the environment protection.• The state and local government should have power to control use of land by the owner.• An individual should have power to control uses of land by the owners or occupies.• All people with large unutilized land should be taxed.• The government should not have powers to control use of land by the occupies.• The government should have powers to control use of land by the occupies.• The constitution should the government should not have powers to control use of land by
the occupies guarantee the right of any Kenyan to own land in any part of the country.• The constitution should provide that all government/trust land lying idle should be
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distributed to the landless.• The government should issue title deeds to all landowners.• No one should be allowed to sale land without consent of the family. • Inheritance should be equally shared to all wives in a polygamous• The constitution should provide that no citizen should own more than 2 acres of land.• The constitution should provide that no citizen should own more than 5 acres of land.• The constitution should provide that no citizen should own more than 10 acres of land.• The constitution should provide that no citizen should own more than 50 acres of land.(3)• The constitution should provide that no citizen should own more than 60 acres of land.• The constitution should provide that no citizen should own more than 100 acres of land.(4)• A ceiling on land ownership by individuals should be 500 acres• Any person should be allowed to own up to 20 acres.• There should be no limit on the amount of land an individual can own• A ceiling of 10,000 acres should be the limit to land ownership by an individual.• There should be a ceiling on land owned by an individual.• The constitution should prescribe land ownership.• There should be a ceiling on land ownership.• The constitution should provide that land shall be communally owed.• The constitution should provide for free government surveyors and Title deeds be issued
free.• The constitution should give either partner in a marriage the right to inherit property
belonging to their spouse.• The constitution should give unmarried girls the right to inherit parental land.• The constitution should provide equal access to land for both men and women.• The constitution should provide for a proper drafting of title deeds to reflect
matrimonial/spousal joint ownership• The constitution should give the elders the power to settle land disputes.(4)• Land cases should be left to the community.• Transfer of land should be done freely without involving the court.• The constitution should give the government the power to redistribute land to all Kenyans.• The constitution should provide that there shall be equal rights to own land for both men
and women.(4).• Men and women should have equal access to land (14).• Men and women should not have equal access to land(3)• The constitution should provide that title deeds to have the names of both spouses• Pre-independence land treaties and agreements should not be retained.• Former highlands should be repossessed and given to the local communities.• Land lease for 99 years should be abolished and award of title deeds to the respective
owners.• The constitution should outlaw the 1929 treaty to allow Kenyan citizens to use water from
the lake Victoria.• Kenyans should own land anywhere in the country.(18).• The constitution should guarantee access to land to all citizens(22)trust land treaties
should be re-evaluated with a view of recommending a regime that protects the interest ofthe people.
• Daughters should not be made to inherit family land by law it is a taboo and we will behaunted.
• The title deeds should have the names of both husband and wife.(2)
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• The constitution should provide that the government shall not own any piece of land.• The constitution should provide that title deeds shall be issued at the divisional levels.(4)• The constitution should provide that the government issue title deeds to all landowners.• The constitution should provide that any person who intends to sell a piece of land shall
have to get a consent from his/her family members.• The constitution should provide that chiefs shall handle land inheritance matters and land
registrars not the land board.(2)• The constitution should provide for the establishment of land tribunals at sub locations
level and title deeds be issued by the chiefs. • The constitution should provide that foreigners shall not own land.(4)• The constitution should not set restrictions on land by non citizens (2) • The constitution should simplify the procedures and issuing of title deeds.• Land acquisition and transfer issues should be simplified.(9)• Land ownership transfer should be free of charge.• Title deed fees should be reduced.(3)• Process of inheriting family land should be simplified with a letter from the chief not
through the land control board.• Land transaction between a father to son or daughter should be done at sub location level.
Land tribunals should be at sub location level where witnesses can be accessed withoutany cost and this should be free.
• Land registration should be simplified.• The government should establish proper land tenure systems and policies to be adopted
by landowners.
5.3.16. CULTURAL, ETHNIC, REGIONAL DIVERSITY AND COMMUNAL RIGHT
• Kenyan’s ethnic and cultural diversity contribute to national culture.• The constitution should protect and promote cultural and ethnic diversity.(13)• The constitution should recognize and respect traditional and cultural leadership.• The constitution should ensure that the interest5 of wanga community as a distinct group
are taken care of, recognize and guarantee the kingdom and its current king.• The community should provide for traditional and cultural leadership within communities.• The constitution should make provisions for protection against the discriminatory aspect of
culture e.g. women circumcision.(9).• Harmful tradition practices that oppress women such as inheritance and female genital
should be outlawed.• Outdated customs should be abolished.• Traditional practices in the new constitution should be outlawed. Preserve culture and
economic activities.• The constitution should provide that the positive attributes of all Kenyans cultures be
nurtured and promoted.• The constitution should capture our mode of dressing music, culture and tradition
leadership.• The constitution should provide for one national language.• The constitution should provide for the freedom of ethnic practices as long as they are not
repugnant to morality and natural justice.• The constitution should stipulate that customary marriages allowed and regulate the
payment of dowry
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• The constitution should provide that payment of dowry should be between Kenya shillings10,000 and 30,000.
• The constitution should provide that chiefs should issue permits for cultural ceremonies. • The constitution should provide that elders should settle succession matters.• The constitution should provide for the recognition of traditional leadership that is the
Nabongo mumias kingdom.• The constitution should provide that Kiswahili be made a national language.• The constitution should recognize the 42 Kenyan tribes.• The constitution should provide that the village elders be paid by the government and
have more powers than the chiefs.• The constitution should provide a government that recognizes the traditional leaders• The constitution should abolish the practice of Female Genital Mutilation.• The constitution should provide for one national language.(3)• Kiswahili should be given support and recognize as a national to reduce tribalism.• There should be two national languages English and Kiswahili.(3)• The constitution should recognize and promote indigenous languages
5.3.17. MANAGEMENT AND USE OF NATIONAL RESOURCES
• The local authority should have power to manage national resources.• The local authority should have power to raise and appropriation public finances.• The constitution should establish organization to raise public funds.• The constitution should provide for equitable distribution of national resources.(23).• The constitution should provide that the government be required to apportion benefits
from natural resources to local communities.• Government should apportion benefits from resources between central government and
communities where such resources are found• 70% of resources should be ploughed back into the areas where they are obtained and
30% goes to the government.• The public should approve auditor and controller General. The controller and auditor
General should be rested with prosecution power• Controller and Auditor General should be independent so as to enhance its role.• The Kenyan citizens should appoint controller and auditor General.• Parliament should have power to appoint controller and auditor General.• Parliament should have control of managing the public funds.• The constitution should provide that parliament control presidential expenditure in terms
of travel expenses among other activities.• Parliament should be able to prosecute those found guilty of mismanaging public
finances..• The constitution should provide that ministers be appointed on the basis of merit.(10)• The government should provide that public service offers good salaries to attract
competent Kenyans.• Constitution should bar the hiring of people who have been implicated in corruption into
the civil service.• All civil servants should undergo training at the Kenya institute of administration.• The public service commission should be decentralized to every district.• The constitution should set a provision to abolish the system of appointing or sacking civil
servants and minister over the 1.00 p.m news as it embarrassing and unprofessional
30
especially in sacking.• Public service commission should appoint civil servants.• Parliament should have the power to elect PSC• Parliament should appoint members of the public Service Commission..• The constitution should introduce moral and ethical qualification for public servants.• The constitution should introduce code of ethics for public servants (6)• Public officers should be required to declare their wealth.(7)• The constitution should provide that all appointments to civil service must be based on
merit..(3)• The constitution should provide that all government services and facilities be accessible to
all Kenyans without discrimination.• The constitution should provide that the salary scales for all civil workers should be
harmonized.• The constitution should provide that the government should be transparent and
accountable.• The constitution should provide that the harambees should only be for developments.• The constitution should provide that the government should distribute bursaries to chiefs
who shall then distribute to the needy..• The constitution should provide that property grabbed should be forfeited back to the
state.• The constitution should provide that the government should recognize artists and
promote them.• The constitution should provide that the national currency/legal tender has a permanent
face and shall not bare the face of the head of state.• The constitution should provide that public officers convicted of corruption be also made
to repay the full amount of monies embezzled.• Employment should be on merit and should be equally distributed.• The constitution should provide that admissions to government schools and the award of
bursaries be strictly based on merit.• The constitution should provide for the employment of all university graduates.• The constitution should provide for reasonable and affordable government taxation of
consumer goods.• The constitution should provide that farm inputs are not taxed.• The constitution should provide for the establishment of banks in the constituents to
advance soft loans.• The constitution should provide that every province shall have its own university.• The constitution should provide for the abolition of toll stations..• The constitution should provide for the protection and promotion of the informal sector• The constitution should provide for a minimum doctor patient ratio.. • The constitution should stipulate that academicians be involved in changing the education
system.• The constitution should provide for a fair award of university loans. • The constitution should provide for the public shall be involved in the national budgeting.• The constitution should abolish the shilling one thousand (1000) -note currencies.• The constitution should provide that loiterers in towns shall be returned back to the
villages.• The constitution should provide that bumps shall be constructed at strategic positions.• The constitution should provide that all PSV vehicles shall have a timetable.
31
• The constitution should provide that state house shall be used for state functions notpolitical.
• The constitution should provide that the government retiree’s benefits shall bedecentralized to every province and paid promptly..
• The constitution should provide that the government shall equip all government schools.• The constitution should provide for the permanent secretaries to head the ministries.• The constitution should provide that the posts of ministers shall be held by professionals
and not MPs.• The constitution should provide that the number of ministries be reduced to 15 and each
ministry be headed by one minister and a deputy minister.• The constitution should provide that poverty eradication shall be the responsibly of the
Government.• The constitution should provide that each Federal State retains 80% of earnings from
resources in their regions and 20% should go to the Central Government.
5.3.18. ENVIRONMENTAL AND NATURAL RESOURCES
• Environmental protection issue should be included in the constitution• 30% of the land should be under forests.• The constitution should provide that communities should be given first preference in
benefiting from local natural resources.• The power to enforce laws on protection should be instituted.• Traditional leaders should have power to enforce environmental protection laws.• The government should have powers to enforce environment protection laws• The constitution should provide that the central government has power to enforce
environment protection laws.• The constitution should provide that the government shall own national resources.(5)• The role of communities in the management and protection of the environment should be
to enhance better management and development.(3)• Natural resources should be protected by the constitution includes rivers, forests, lakes,
minerals and wildlife.• The central government, local communities and catchments communities should be
responsible for the management and protection of natural resources.• Government should have the responsibility of taking car o0f natural resources• The state should enact a law to protect and manage natural resources through
consultation and involvement of the local community.• The constitution should provide that the local communities own natural resources.• Natural resources should be owned by the local people.• Residents of any area should be given first priority in exploiting and owning resources of
their respective regions.• The constitution should provide for the exploitation of natural resources including land.• The constitution should provide for training of Kenyans on proper utilization of national
resources. • The constitution should provide for the protection of natural resources.• The constitution should provide for the protection of natural resources from exploitation.
5.3.19. PARTICIPATORY GOVERNANCE
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• NGOs and other organized groups should have a role in governance by execution ofeducation and information awareness in society.
• The NGO should be allowed to play a role in state governance.• NGOSs and other organization groups should have a role in the government.• Religious organizations should have a role in checking government and educating• The constitution should provide for the participation of all Kenyans in governance. • All churches should be duly registered and should not be cultic or have any negative effect
on resources or social and economic lives of Kenyans church.• The constitution should provide that churches not be registered under the societies act.
The constitution should address the free and fair registration and identification of anygiven civil organization
• The constitution should provide that government enforces the church to operateindependently from politics. The constitution should provide that religious leaders beprovided with security.
• NGOs and other organizations should have a role in governance and should mobilize andsensitize citizens on their rights.
• The constitution should provide that the government helps in the building of mosques.• The state should not regulate the conduct of civil society organizations (3)• The constitution should provide that the government should approve all religious functions
and crusades for churches and ensure they do not go on throughout the night.• The state should regulate the conduct of civil society organization. Apart from the media
and there should be guidelines to formalize media execution of duties.• Constitution should ensure that all religious organizations are properly checked and they
should be treated fairly and equally • The government should monitor the activities of every religious organization• The constitution should provide that the government only registers churches, which have
established themselves in every province with a minimum of 1000 followers each. Everychurch should be involved in community development projects.
• The constitution should provide that the state limit religious sects to only 3 i.e. Islam,catholic and Anglican.
• The constitution should provide that open-air religious dialogue be abolished.• The constitution should provide formation of religious institutions.(6)• The constitution should provide that the government ensure that donor funds from NGOs
and other organized bodies reach exact locations• Constitution should institutionalize the role of civil society organizations by creating
offices administration from national level to the grass root level• The constitution should provide that the church and state co-operate in enhancing
national development.• There should be participation and representation of women in governance.• Women should be involved in development s projects.• There should be representation and participation in government by the people with
disabilities.• The government should provide that the youth play a role in the governance.(4)• Minority groups should participate in governance.• The elderly should also participate in governance.• The professionals i.e. doctors, lawyers and engineers should also participate in governance
traditional and cultural leaders should play a role in advising central government and localauthorities and issue of customary law.
33
5.3.20. INTERNATIONAL RELATIONS
• The constitution should provide for proper relationship between the government and othercountries.
5.3.21. CONSTITUTIONAL COMMISSIONS, INSTITUTIONS AND OFFICES
• The constitution should provide that there is no need for constitution commissions asthese as there are a waster of public funds.
• The constitution should provide that constitutional commissions should be set up byparliament or with the approval parliament.
• Ombudsman office should be established.• The constitution should establish gender commission.• The constitution should establish a human right commission• The constitution should establish an Anti-corruption commission• The constitution should establish a land commission.• The constitution should establish a commission of inquiry, others religious practices,
national security national development and salary commission. The constitution shouldestablish an ethic and integrity office.
• The constitution should establish an Islamic Trust Commission under the office of thedistrict Kadhi.
• The constitution of Kenya Review commission should be independent.• The Anti-Corruption commission should curb corruption and other mismanagement of
national resources.• The office of Attorney General should be separated from the minister of justice.• The constitution should provide that all commissions should be independent.• The constitution should provide for the establishment of a commission to ensure that
retrenchment and employment are done in the proper way. • The constitution should provide that KCRC shall remain in office for three (3) years to
ensure the implementation of the new constitution. • The constitution should stipulate that commissions should make public their findings.• The constitution should establish a constitutional court.• The constitution should establish a human rights, anti-corruption and lands commission.• The ministry of justice and constitution affairs should be established.
5.3.22. SUCCESSION AND TRANSFER OF POWER
• The vice president should be in charge of executive powers during presidential elections• The speaker of the national assembly should be in charge of executive powers during
presidential elections.(5)• United Nation should be in charge of executive powers during presidential elections• The election results of the president should be declared after the votes are counted.• The incoming president should assume office within 60 days upon elections.• Incoming president should assume office one month after elections.• The incoming president should be sworn in by the chief justice.• The secretary general of United Nations should swear in an incoming president.• The constitution should provide that he judge of the court of appeal swear in the incoming
34
president.• The constitution should provide that the instruments of power to transferred to the
incoming president at the swearing in ceremony.• There should be no retirement benefits for a former president.• A retired president should have no role to play in subsequent government• The constitution should make provisions for the security of a retired president by the
state.(3)• The constitution should not make provisions for a former president in terms of welfare.• The constitution should make provisions for a former president in terms of welfare.(6)• The constitution should not make provisions for a former president in terms of immunity
from legal process.• There should be immunity from legal process for former president if he was of good
conduct.• An outgoing president should not be allowed to campaign for an incoming president.• President should vacate office after being impeached.• Constitution should provide for the electorate to review, renew and /or terminate the
services of the president.• The constitution should provide that a retiring president should not propose the next
sitting president.• The constitution should provide that retiring president should not have any powers in the
government.• The constitution should provide that the vice president shall take assume presidency in
case of death of the president or he/she is incapacitated.• The constitution should provide that the President’s retirement benefits be regulated.• The President should not appoint his successor or even campaign for him.
5.3.23. WOMEN’S RIGHTS
• Women should be protected from sexual violence especially in learning institutions.• The constitution should protect the rights of women in relation to harassment while
claiming the husband’s properties.• Rights of women on property ownership be protected.• Women should have a right to own property.• Women should have a right to inherit property (21)• Women should not have a right to inherit property• Only women aged 65 years and above should be allowed to inherit their husbands land.
Girls should only be allowed to inherit other but not land when there is no son in thatfamily.
• The constitution should provide for non-discrimination of women in inheritance matters.• The constitution should abolish polygamy.• The constitution should allow polygamy • In polygamous marriages all wives should share property equally. the new constitution
should recognize single mothers/fathers, cohabiting polygamy, monogamy as forms ofmarriages issues relating to divorce and separation should be looked.
• Girls should be allowed to marry whenever they wish.• Dowry should not be commercialized, it should be a token of appreciation• Marriage of persons below the age of 18 should be illegal and punishable.• Marriage should be stepped up to 20 years for girls and 25 years for boys to curb against
35
early marriages that interfere with education.• The government should provide that both men and women who reach a certain age be
forced to marry.• The marriage laws should be harmonized• There should be age limit to people getting married and the issue of dowry should be
eliminated.• The constitution should provide that a couple who have a child out of wedlock be forced to
marry.• Fathers should ensure women of child support.(5)the prohibition of domestic violence
should be constitutionalised (14)• Boys who impregnate young girls should be forced to support them and their children. • Men should not be allowed to marry more than one wife.• The constitution should provide for protection of unmarried women against all forms of
gender abuse.• The constitution should provide that women and girls be allowed to inherit at least 50% of
family property.• The constitution should provide that women shall be included in sugar cane contracts.• The constitution should protect women against domestic violence.• Men/boys should not be blamed for unwanted pregnancies or made to pay child support
unless it was a rape case.
5.3.24. INTERNATIONAL POLICY
• Foreign direct investment should be encouraged and promoted to earn the countrymoney in tax.
5.3.25. NATIONAL ECONOMIC Domestic trade issues• The constitution should provide that the importation of those goods that can be locally
produced be abolished.• The Kenya Bureau of standard should enhance its procedures to avoid selling of expired
and poor quality goods.• Prices of commodities should be reduced and controlled.• Indigenous businessmen should be given soft loans to enhance their business and the
government should be their guarantor.
Economic liberalization• The constitution should provide that importation of second hand goods that can be locally
produced shall be abolished.• The constitution should allow economic liberalization.• Importation of mitumba and sugar should be stopped.• A limit should be imposed on the amount of products, which can be exported out of the
country.• The government should ban the importation of local product goods and communities.(4)• Those goods produced locally should not be imported.
Poverty Reduction
36
• Constitution should eradicate poverty.• there should be programmes to sensitize the population on poverty reduction strategies.
There should be local poverty monitoring structures to oversee and advice on the needs oftheir communities.
• Constitution should make provisions to all persons of age with [programmes and system,which promote sustainable poverty alleviation
Physical, Economic and Social infrastructure
• The government should provide that all roads are tarmac ked.• The constitution should provide free recreational facilities. Swimming pools to keep
youth preoccupied to avoid idleness, drug abuse and other immoral activities. theconstitution should provide that the government ensure equal development of physical,economic and social infrastructure.
• The government should maintain roads.
5.3.26. NATIONAL OTHER HIV Aids
• The government should initiate awareness programs on the spread of HIV? Aids• HIV/AIDS testing should be mandatory before marriage takes place to reduce early
death in the youth.• The government should provide free medical care to Aids patient and protect them
from discrimination. • The government should provide the poor with HIV/AIDS drugs.• Person spreading HIV knowingly should be jailed the constitution should. Provide
that person s with HIV/AIDS be isolated from other persons.Public safety
• The constitution should provide that the police do not harass citizens. (18)• Police brutality should be stopped.• Watch should be armed with guns and not rungus.
Corruption• The constitution should provide that corruption shall be eradicated.• The government should establish measures to abolish corruption.(16)• Any public property grabbed by an individual or organization should be forfeited to
the government and the culprit penalized.• Public officers found in corrupt deals should be sacked and be required to make
payment for the equivalent.Population Issues.
• The constitution should provide that the government periodically carry out census onthe number of disabled persons in the country.
• The constitution should provide that the government set a specific number of childrenthat a couple can have and charge tax on any extra children, so as to reducepopulation.
• The children should provide that the government enforce strict family planningmeasure by allowing for only 4 children, which the government will take care of, andcharging a fine to any extra child.
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5.3.27. SECTORAL POLICY
Agriculture and livestock • The government should subsidize the prices of all farm inputs.• Agricultural extension officer should be paid risk allowance.• The output of farmers should not be taxed as an incentive in the agricultural sector.• The government should give to farmers to enable them to purchase required farm
machinery.• The constitution should provide that the government does not over tax and delay
payments to sugarcane farmers in western province.• Farmers should be provided with seedlings.• The constitution should protect agricultural industry.• The should put in place mechanism to protect farmers against exploitative and under
payment by middlemen.• The constitution should provide that farmers be paid directly for their agricultural
produce.• The constitution should provide for the full liberalization of the agricultural sector.
Industry and manufacturing• The constitution should provide that local industries employ local people• Industry sector should be revived.
Education • The government should establish more primary and secondary schools to make them
easily accessible all persons.• Students in private universities should not be entitled to loans.• The government should cost share secondary school fees with parents and provide
necessary facilities to schools.• The quota system should be adhered to in training of health workers. There should be
scrutiny for those seeking admission in health institutions.• Fees in enrolling in special institution should be reduced.• An education levy should be established. Schools should be adopted an alternative
management paradigm • Bursaries should be awarded to needy students to ensure education for all Kenyans.(3)• The 8-4-4 system of education should be scrapped.• All schools should be governed by similar rules and regulations as stipulated by the
ministry of education.• Pregnant schools girls should be allowed to go back to school after delivery.• IRE should be taught in schools.• All schools should be sponsored by the government DEBs and church sponsored schools
should be privatized.• Pregnant girls should be allowed to go on with school.• 7-4-2-3 system of education should be brought back.(9)• The government should subsidize education at secondary and university level by using
taxes paid • The constitution should provide that national schools should be equally distributed in all
provinces.• Every province should have at least one national school.
38
• There should be a public university in every province.• The constitution should provide that the government ensure that only students who
academically qualify be admitted to universities.• The government should pay our nursery teachers equally.• The government should employ all early childhood teachers.• The constitution should provide that students pursue only subjects that they have
interest in.• Boys who impregnate girls in schools should be expelled.• Pre-primary teachers should be employed by Teachers Service Commission • The government should provide that students are not enforced to heavy manual work in
schools.• The constitution should reintroduce corporal punishment in schools.(4)• The constitution should provide that corporal punishment in schools should be abolished.• Education act should be amended to re-introduce supply of school equipments and
abolish all levies in schools• There should be enough learning materials to the educational institutions• The government should provide that indigenous languages be taught in schools.• Civic education should be part of the curriculum.• The government should provide that the school curriculum include mother tongue as a
subject and also sign language.• There should be compulsory technical or vocational education for persons have
undergone primary and secondary education.• The constitution should provide for adult education.• The constitution should provide that the 8-4-4 system shall be abolished and a practical
class be introduced before joining form one.• The constitution should provide for agriculture to be included in the schools curriculum.• The constitution should provide that teachers should be employed in proportion to the
number of pupils.• The constitution should provide that all boarding schools should be abolished as they too
expensive
Public Finance (fiscal Policy)• Cess levy should be resume from the tax system.• All Kenyans except the disable should pay taxes.• The poor should not be taxed and the rich should be taxed highly and surrendered.• The constitution should provide that the government reduces charging of taxes on all
citizens.
Monetary policy• The government should abolish ksh 1000 and re-introduce the ksh 20 and 5 notes.• The president portrait should not appear on the currency.• The constitution should provide that the government set of lending financial institution to
provide loans to unemployed persons to assist them in setting up small businesses.• Bank loans should be offered at a lower interest rate.
Health • The government should establish a hospital in every division.• The government should establish more hospitals and health to make them accessible to
39
all Kenyans• The government should establish hospitals and dispensaries in sub-locations.• National health insurance fund should have provision to cater for the out patients.• All hospitals should have adequate medical personnel and drugs.• A Health center should be run by at least 2 clinical officers. • There should be no fee paid for corpses in the mortuary.• If a person dies in hospital and is collected for burial within 4 days, the government
should meet any expenses incurred by such a person.• The government should equip the rural health centers in the rural areas, health officers
working in the government institutions should not be allowed to operate their own clinics.• The constitution should provide that the government enhances the use of herbal
medicines in hospitals.• The government should establish more hospitals in Kenya.• Measures should be taken to control disease in Kenya
Tourism • Policies should be in place to encourage tourism
Information Communication Technology• The constitution should provide that the media be independent and accessible to all
persons. The constitution should provide that the state control the airing of programmeson televisions to avoid from showing violent and pornographic programs.
Small Enterprise Development• The government should assist the youth in establishing small business enterprises.• Small-scale business should be a preserve of ordinary Kenyans.• Jua kali should be promoted by the constitution.• Jua kali should be improved to generate employment opportunities.• The government should provide funds to women groups as a measure to encourage small
business enterprises.
Transport and Communication• There should be bumps on roads which accidents are prevalent.• Drivers found driving carelessly and having caused substantial number of accidents have
their driving licenses confiscated• The constitution should provide that the government enforce that public transport
operators operate in an orderly manner• The constitution should provide that the government enforce for proper management and
operation of the matatu sector.• Touts should be indicated from the passenger service vehicles.• Touts should be eradicated from public transport.
5.3.28. PROGRAMME/PLANNING
Regional • The constitution should create a law to benefit the through rivers and lakes that cross and
flow to other countries• The constitution should include international treaties to protect the rights of women.
40
National • The constitution should provide that idd-ul-haj be declared public holiday.• The constitution should provide that the government provide for public debates on
government policies to cut down on the waste of public funds.• The constitution should provide that the government provide for 2 national holidays for
Muslims.
5.3.29. CUSTOMARY LAW
• Customary land and property laws should be in the constitution.
5.3.30. STATUTORY LAWS
• The constitution should provide that the law shall apply in a non-discriminatory mannerto all Kenyans.
• The constitution should provide that any parent found not taking their children to schoolbe sentenced to three months imprisonment.
• The constitution should provide that local brews shall be legalized.(24).• Local brew should be abolished.• Chang`aa should be illegal.• The constitution should provide that corporal punishment be reintroduced in schools.• The constitution should provide that prostitution should be illegal.• The constitution should provide that any person found spreading AIDS be jailed for 10
years.• The constitution should provide for the legalize abortion especially in cases of rape.• The constitution should provide that rapist shall be jailed for life.• Rapists should be heavily punished.• Abortion should be illegal.• The Chief Authority Act and Public order Act should be abolished.• The constitution should provide for a review on immigration laws.• Those who defile children should be hanged.
5.3.31. ISLAMIC LAW
• All Muslims should be judged according to the Islamic law.• The constitution should respect Islamic traditions of marrying of girls at a young age
among other Islamic traditions.
5.3.32. COMMON GOOD
• Men and Women should wear decent cloth
5.3.33. GENDER EQUITY
• The new constitution should ensure equality under the laws of Kenya is prescribed andenforced.
• The constitution should provide that men and women should be equal in all fields.(8)• Gender equity should be observed at all levels of representation and decision
41
42
5.3.34. ECONOMIC /SOCIAL JUSTICE.
• The new constitution should promote social justice.• Government should compensate for acquiring anything from people
5.3.41 TRANSPARENCY/ACCOUNTABILITY
• The principle of accountability should be imperative of all public concerns. There shouldbe mechanism to enhance the accountability of members of parliament throughperformance indices
5.3.42 NATURAL JUSTICE/RULE OF LAW
• The constitution should provide that all citizens to obey and respect the law of thecountry.
• There should be justice in court of law.• There should be a rule of law.(6)
5.3.43 NATIONAL INTEGRITY/IDENTITY
• Kenyans should have a national dress for all citizens.• All Islamic holidays should be declared public holidays
43
APPENDICES:
Appendix 1: Members of the Constituency Constitutional Committee
1. Hon. Joseph Wamukoya MP2. Anne Nambiro Wesonga DC3. Mohamed Shiundu Chairman4. Omoto Carol Kangala Secretary5. Cllr. Gerald Shikunyi6. Mrs. Margaret Wanzetse7. Mrs. Pamela Mudenyo8. Mathew Wekhoba9. Batholomew Musumba10. Mrs. Getrude Shikuku
Appendix 2: Civic education providers (CEPs)
1. Geoffrey Omulama2. Wamukoya Were3. Peter Otiko4. Dominic Mutinyi5. Poverty Africa6. Jacob Waliuba7. Moses Barasa8. District coordinator9. Comm. Mutakha Kangu10. Fred Omollo11. Catherine Mukolwe12. Kassim Kamati13. Salome Kundu14. Comm.. Nancy Barasa15. Joyce Osundwa16. Bernard Namenya
44
Appendix 2: Persons presenting memoranda and/or making oral submissions.
10028OBTWE Abubakar Wetiko CBO Written Abewo Maragoli
20042OBTWEAli WesongaWamanya CBO Written
Wanga Council ofElders
30069OBTWE Benard Were CBO WrittenNamokonyi YouthGroup
40016OBTWE Bernard Mutimba O. CBO WrittenBusembe Self HelpGroup
50059OBTWE Bernard Olwarli CBO Written Koyonzo PWDs
60032obtweBonaventure MWambuche CBO Written Okhasia Women Group
90056OBTWE Celestine Onyango CBO Written Poverty Africa Kenya.100044OBTWE Chris Twoli Ohanga CBO Written Lung Awiro Youth110065OBTWE Consolata N Okila CBO Written Mungale Village120063obtwe Denis Anthony CBO Written Furaha W Group
130062OBTWEDenis AnthonyNetia CBO Written Namulungu Teachers
140049OBTWE Dennis W Okoyo CBO WrittenNamakinyi YouthGroup
150040OBTWE Fredick O Omolo CBO Written El Taller Organisation160035obtwe Fredrick Omollo CBO Written CEPS Mutuny170066OBTWE George E Malala CBO Written Koyonzo Bursary Fund180048OBTWE Gladys M Kuio CBO Memorandum Omala Women Group190017OBTWE Godfrey Isuyah CBO Written Bulimbo Youth
200041OBTWE Gregory S Okumu CBO WrittenNamamaliSub-location
210072OBTWE H Makau Mudenyo CBO MemorandumMazingira ActionGroup
220015OBTWE Hezron M. Mapenga CBO Written Lukusi Self Help Group
230036obtweIdd KwangotoOkonya CBO Written Komesha Group
240007OBTWE Isaiah Kitui CBO Written NBBYG Boda Boda250021OBTWE Japhet Watakwa CBO Written Jumuyia ya Msombya
260047OBTWE John O H Owuor CBO WrittenProvincialAdministration Ko
270043OBTWE Julius O Otina CBO WrittenKoyonzo YoungBrothers
280037obtwe Mary Malanda CBO WrittenSt Lukes KilimopGroup
290055OBTWE Mary Okumu CBO WrittenEL -TALLERORGANIZATION.
300068OBTWEMaurice SakaMusumba CBO Written Ejinja Village
310025OBTWE Michael A Molala CBO Written Mulonyi Youth Welfare320034obtwe Moses Wafula CBO Written ECEP Bulimbo
820136IBTWECllr GeraldShikunyi Mw Individual Written
830014IBTWE Cllr.Abel Mutimba Individual Written
840058IBTWEDanspaid PaulMabuna Individual
Oral - Publiche
850013IBTWE David M Lutta Individual Written860082IBTWE David M Shikuku Individual Written870032IBTWE Dickson Nanjira Individual Written880197IBTWE Dickson O Odwori Individual Written
1070140IBTWEFrancis MatendeNelim Individual Written
1080024IBTWE Francis Wamalwa Individual Written
1090114IBTWEFredrick ChimotoSangar Individual
Oral - Publiche
1100078IBTWE Fredrick N Auka Individual Written1110154IBTWE Gabriel Atoko Individual Written
1120109IBTWE Gabriel Wamukoya IndividualOral - Publiche
1130025IBTWEGeoffrey MakauMulama Individual Written
1140162IBTWEGeorge MulamaWamukoya Individual Written
1150093IBTWE George O Wamunya Individual Written1160168IBTWE George Omunga Individual Written1170139IBTWE Gertrude Shikuku Individual Written1180143IBTWE Gregory Chimugen Individual Written
1310023IBTWEIsmael AtembaSalasia Individual Written
1320046IBTWE Jackson Khatete Individual Written1330199IBTWE Jacob O Waliuba's Individual Written1340137IBTWE Jacob.O.Waliuba Individual Written
48
1350041IBTWEJames MuruliMasinde Individual Written
1360157IBTWE James Opanda Individual Written1370191IBTWE James Opanda Individual Written1380034IBTWE James Otisa Individual Written1390132IBTWE Jane Manyonyi Individual Written
1400069IBTWE Jared Manya IndividualOral - Publiche
1410035IBTWE Jecinta Baraza Individual Written
1420149IBTWEJoab MunyadoPanyako Individual Written
1450071IBTWE John Juma Masai IndividualOral - Publiche
1460172IBTWE John Malala IndividualOral - Publiche
1470096IBTWEJohn MathewWaswe Individual Written
1480104IBTWE John Mumia IndividualOral - Publiche
1490164IBTWE John Rapura Individual Written
1500108IBTWE John Wanga IndividualOral - Publiche
1510065IBTWE John Wesonga IndividualOral - Publiche
1520081IBTWEJohnstone WWatsula Individual Written
1530151IBTWE Joram Wanga Individual Written
1540012IBTWEJoseph AchebiNyongesa Individual Written
1550187IBTWE Joseph Malalu. Kaye Individual Written1560167IBTWE Julius Odanga Individual Written1570036IBTWE Juma Beaurine Individual Written1580192IBTWE Juma Okumu Individual Written
1 Sylvester o Maende ECEP-Box 525 Mumias Written2 Fredrick O Omolo El Taller Org-Box 691 Mumias Written3 Gregory S Okumu Namamali Sub Location-Box 1 Mumias Written
56
4 Ali W Wamanya Wanga Council of Elders-Box 525 Mumias Written5 Julius O Otinta Kayonzo young Brothers-Box 15 Koyonzo Written6 Chris t Ohanga Lung Awiro Youth-Box 1 Konywa Written7 Chris t Ohanga Namayakalo R C Church Men-Box 1 Kontwa Written8 Chris t Ohanga Namayakalo R C Church Men-Box 1 Kontwa Written9 John O H Owuor Provincil aAdm. Koyonzo-Box 3 Koyonzo Written
10 Gladys M Kuio Omala women Group-Box 3 ButulaMemorandum
11 Dennis W Okoyo Namakinyi Youth Group-Box 1056 Mumias Written12 Catherine B Mukolye Consultative Women Group-Box 526 Mumias Written
13 Bishop Ben Salala ACK Dioces-Box 213 MumiasMemorandum
14 Peninah Oketch MYWO Koyonzo-Box 81 Koyonzo Written15 Cornelius Odinga Wailed Pentecostal Youth-Box 1 Koyonzo Written16 Robert Munono Church Of Christ-Box 33 Koyonzo Written17 Mary Okumu El Taller Org-Box 66 Koyonzo Written18 Celestine Onyango Poverty Africa Kenya-Box 46433 Nbi Written19 Phanuel Murengal KoyonzoStudents-Box 9 Koyonzo Written20 Dismas A Tubule Koyonzo Catholic Church-Box 58 Koyonzo Written21 Bernard Olwarli Koyonzo PWD,s-Box 7 Koyonzo Written22 Denis A Netia National Youth-Box 109 Mumias Written23 Denis Anthony N Namkunga ACK Mumias-Box 109 Mumias Written24 Denis Anthony Namulung Teachers-Box 109 Mumias Written25 Denis Anthony Furaha W Group-Box 109 Mumias Written26 David Okwalo YMCA Indagarasia-Box 371 Mumias Written27 Consolata N Okila Mungale Village-Box 19 Koyonzo Written28 George E malal Koyonzo Bursary Fund-Box 15 Koyonzo Written29 Teresia W Oching CJPC Msamania-Box 525 Mumias Written30 Maurice S Musumba Ejinja Village-Box 29 Mumias Written31 Benard Were Namokonyi Yoputh Grouop-Box 88 Koyonzo Written32 Sylvester Musikoyo Koyonzo Sec School_bxo 9 Koyonzo Written33 Dickson O Odwori Box 3226 Mumias Written34 Fredrick N Auka Box 955 Mumias Written35 Okwalo C Wesonga Box 82 Mumias Written36 Mathias W Wesiko Box 4 Koyonzo Written37 Samuel o Manyasa Box 66 Mumias Written38 Rev Thomas Wesonga Box 9 Koyonzo Written39 maurren Juma Box 65 Koyonzo Written40 Christopher S Wanda Box 15 Koyonzo Written41 Clare A Wesonga Box 525 Mumias Written42 Patrick O Juma Box 840 Mumias Written43 Jacob O Waliuba Box 945 Mumias Written44 Rosemary Wekhubo Box 64 Koyonzo Written45 Johnstone W Watsula Box 1 Mumias Written46 David M Shikuku Box 52 Koyonzo Written47 Emmanuel Anyera M Box 1 Koyonzo Written48 Tanmusi Tempes Box 48217 Nbi Written49 Moses Ongore Box 15 Koyonzo Written50 Evans Juma Box 88 Koyonzo Written51 Anthony Wangwero Box 525 Mumias Written52 Sylvester Onyiso Box 15 Koyonzo Written
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53 Benson Muhunya Box 526 Mumias Written54 Gregory Makokha Box 88 Koyonzo Written55 Clare N Baras Box 1 Koyonzo Written56 Halima Omar Box 31 Koyonzo Written57 George O Wamunya Box 19 Koyonzo Written58 Protus Osore Box 15 Koyonzo Written59 Donald Otieno Box Koyonzo Written60 John M Waswe Box 220 Mumias Written61 Patrick Ouma Juma Box 840 Mumias O R A L62 Mary Okumu Box 66 Koyonzo O R A L63 Caroline Omoto Box 371 Mumias O R A L64 Dr. Charles Okumu Box 19340 Nbi O R A L65 Morris Mudipo Box 1 Koyonzo O R A L66 Shadrack Masika Box 15 Koyonzo O R A L67 Protas Mbalaba Box 35 Mumias O R A L68 John Mumia Box 525 Mumias O R A L69 Nathan Okwaro Box 66 Koyonzo O R A L70 Obadia Ofoki Box 11 Koyonzo O R A L71 Peter Oluoch Box 88 Koyonzo O R A L72 John Wanga Box 15 Koyonzo O R A L73 Gabriel Wamukoya Box 1113 Mumias O R A L74 Christopher E Munalo Box 525 Mumias O R A L75 Anthony Wangwero Box 525 Mumias O R A L76 Benson Muhunya Box 526 Koyonzo O R A L77 Gregory Makhokha Box 88 Koyonzo O R A L
78Fredrick ChimotoSangare Box 15 Koyonzo O R A L
79Charles KhaembaJuma Box 52 Koyonzo O R A L
80 matilda Owen Box 31 Koyonzo O R A L81 Nelson Baraza Box 31 Koyonzo O R A L82 Bonifacce Masinde Box 31 Koyonzo O R A L83 Teresia Akelo Box 31 Koyonzo O R A L84 William O Wesonga Box 15 Koyonzo O R A L85 Samuel Makhaha Box 15 Koyonzo O R A L86 Bulisio Odimba N/A O R A L87 Ibrahim Wesonga Box 68 Koyonzo O R A L88 Patrick Okumu Box 1 Koyonzo O R A L89 Salim Simboni Box 15 Koyonzo O R A L90 P Orata Wanjala Box 15 Koyonzo O R A L91 Emmanuel Makhama Box 1 Koyonzo O R A L92 Henry Bwanzo Box 21 Koyonzo O R A L93 Isaac Ouma Box 15 Koyonzo O R A L94 Ali A Wangati Bulimbo Jamia Mosque-Box 24 Bulimbo Written95 Winceslaus Walubi ECWD Bulimbo-Box 734 Bulimbo Written96 Sarafina Nyongesa MYWo-Bo x7 Mumias Written97 Julian Nyongesa FIDA-Box 7 Mumias Written98 Charles M Moss CJPC Bulimbo Parish-Box 28 Bulimbo Written99 Shikanda H Luseno Al Faroz Muslim Youth-Box 524 Mumias Written100 Isaiah Kitu NBBYG Boda Boda-Box 41 Bulimbo Written101 Pascla M Mabuka Elders Bulimbo-Box 40 Bulimbo Written
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102 Peter N Otiko CJPC Bulimbo Sub Parish-Box 174 Bulimbo Written103 Jeremiah P Makokha Namulungo Catholic-Box 77 Mumias Written104 Vincent Mukhwana CJPC Bulimbo-Box 735 Mumias Written105 Fredah Ayuga St Anthony Catholic-Box 149 Bulimbo Written106 Abduriask Musumba Bulimbo Jamia Mosque-Box 24 Bulimbo Written107 Haron Peter M Khalaba Catholic-Box 33 Bulimbo Written108 Hezron M Mapenga Lukusi S H Group-Bo x21 Bulimbo Written109 Benard Mutimba O Busembe S H G-Box 725 Mumias Written110 Godfrey isuyah Bulimbo Youth-Bo x519 Mumias Written111 Chrisoinus Makokha Namamba /Khalala Sec School-Box 130 Bulimbo Written112 Joseph Chitechi ACK Busumbi=-Box 638 Mumias Written113 Hamiai Mumia Matungu Muslims Community-Bo x8 Bulimbo Written114 Japhet Watakwa Jumuiya ya Msombya-Box 290 Mumias Written115 Pius Odero Mumias S H G -Bo x525 Mumias Written
117 Omar Walucho Kholero Devt Y Group-Box 524 Mumias Written118 Micheal A Molala Mulonyi Youth Welfare-Box 518 Mumias Written119 Micheal M Lutta Mkhweya Parish-Box 174 Bulimbo Written120 Salome K Khanya Kholera Catholic-Box 519 Kholera Written121 Abubakar Wetiko Abewo Maragoli-Box 90 Bulimbo Written122 Ephraim C Wataka Namulungu Catholic-Box 734 Mumias Written123 Tabitha Saisi Jiangalie Women Group-Box 40 Bulimbo Written124 Cecilia S Kaka Makutano Women Group-Box 36 Bulimbo Written
125BonaventureWambuche Okhasia Women Group-Box 44 Bulimbo Written
126 Silas K Memba Khabukese Village-Box 526 Mumias Written127 Moses Wafula ECEP Bulimbo-Box 735 Mumias Written128 Fredrcik Omoloh CEPS Mutuny-Box 691 Mumias Written129 Idd K Okonya Komesha Group-Box 419 Mumias Written130 Mary Amalnda St Lukes Kilimop Group-Box 101 Bulimbo Written131 Nur M Mranje Namulungu Mosque-ox 175 Bulimbo Written132 Alex Manyasi Box 174 Bulimbo Written133 Musa Luseno Box 135 Bulimbo Written134 Chris W Luta Box 16 Bulimbo Written135 Bartholomew Musumba Box 6 Koyonzo Written136 Moreen Kibera Box 21Bulimbo Written137 Christine okemo Box 21Bulimbo Written138 Praxides Natia Box 21Bulimbo Written139 Emily Dabani Box 21Bulimbo Written140 Moreeen Wafula Box 21Bulimbo Written141 Peter N Otiko Box 174 Bulimbo Written142 Arthur I Manda Box 935 Bungoma Written143 Joseph A Nyongesa Box 7 Mumias Written144 David M Luttah Box 101 Bulimbo Written145 Cllr. Abel Mutimba Box 463 Mumias Written146 Bakari Osanya Box 146 Mumias Written147 Mary Wesonga Box 29 Bulimbo Written148 Samantha Wafula Box 24 Bulimbo Written149 Mwanaisha Wesonga Box 24 Bulimbo Written150 Severis Ohanch Box 40 Bulimbo Written
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151 Mark Kilale Box 24 Bulimbo Written152 Omar Musungu Box 24 Bulimbo Written153 Christopher Ngono N Box 519 Mumias Written154 Ismael Atemba S Box 137 Bulimbo Written155 Francis Wamalwa Box 24 Bulimbo Written156 Geoffrey Makau M Box 781 Mumias Written157 Teresia Anyande Box 21Bulimbo Written158 Easter Tamba M Box 21Bulimbo Written159 Boaz M Kulundu Box 41 Bulimbo Written160 Yusuf Muhamed Box 33 Bulimbo Written161 Protus wsilwa Box 24 Bulimbo Written162 Benjamin K Kweya Box 109 Mumias Written163 Dickson Nanjira Box 31 Bulimbo Written164 Vincet Mapesa Box 735 Mumias Written165 james Otisa Box 21Bulimbo Written166 Jelinta Barasa Box 21Bulimbo Written167 Beauriine Juma Box 21Bulimbo Written168 Nancy Anyango Box 21Bulimbo Written169 Lilian Makokha Box 21Bulimbo Written170 Festus Baraza Box 314 Mumias Written171 Pius Amwayi Box 117 Mumias Written172 James M Masinde Box 36 Bulimbo Written173 Ali Atemba Bo x42 Bulimbo Written174 Ernset maloba Box 524 Mumias Written175 Topista Nyongesa Box 21Bulimbo Written
176Muhammed SNyongesa Box 175 Bulimbo Written
177 Jackson Khatete Box 24 Bulimbo Written178 Saidi K Makhokha Box 42 Bulimbo Written179 Benedict k Wanjala Box 734 Mumias Written180 Lucy Ouma Box 85 Kimlili Written181 Chrles K Juma Box 52 Koyonzo Written182 Pamela Mudenyo Box 6 Mumias O R A L183 Rev Boniface Makhona Box 734 Mumias O R A L184 Fr. Charles Mark Odeny Box 734 Mumias O R A L185 Peronila Baraza Box 21Bulimbo O R A L186 Margaret Wanzets Box 36 Bulimbo O R A L187 Clarence Akhainya Box 99 Bulimbo O R A L188 Toma Wafula Box 24 Bulimbo O R A L189 Danspaid Paul Mabuna Box 34 Mumias O R A L190 Everlyne Musundi Box 41 Bulimbo O R A L191 Job Matia Box 35 Mumias O R A L192 Rev Peter Mukholo Box 36 Bulimbo O R A L193 Peter Makokha Nanjira Box 139 Mumias O R A L194 Charles Chechaoduri Box 40 Mumias O R A L195 Hijirah Makokha Box 21Bulimbo O R A L196 John Wesonga Box 419 Mumisa O R A L197 F Washika Box 2002 Bungoma O R A L198 Moses Baraza Box 2002 Bungoma O R A L199 Idris Baraza Box 51 Bulimbo O R A L200 Jared Manya Box 36 Bulimbo O R A L
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201 Mohamed S Kulundu Box 40 Bulimbo O R A L202 John Juma Masai Box 40 Kapkashe O R A L203 Odanga Leo Box 527 Mumias O R A L204 Muhammed Mulama Box 40 Bulimbo O R A L205 Sulieman Wangutithere Box 2 Bulimbo O R A L206 Matayo Kweyu Box 527 Mumias O R A L207 patrick Atemba Box 40 Bulimbo O R A L208 Omar T Liambilia Box 44 Bulimbo O R A L