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Constitution of Kenya Review Commission |
By G. G. W. Nthenge Former M. L. C Machakos, MP. Ivet1 South MP Kamuicunji.
15-09-2001
The above was held because Kenyans, Africans in particular for over 50 years were objecting to being a British Colony. Finally the British government decided to invite to Britain all M.L.C.S members of Kenya Legislative Council to discuss fully the matter.
Kenya Legislative Council then had members who belonged to various groups whose political believes were very different. There were:-
(1) Colonial civil servants - Europeans
(2) Elected members by
(a) Africans - anti-colonialism
(b) Asians 50-50
(c) Europeans (British) for colony
The African elected M.L.C.S were of KANU and KADU whose political beliefs were very similar. Their differences were on methods of approach and individual behaviour.
Before we Africans went to London KADU sc KANU were called by Mr. Kenyatta and agreed in principal their aim was the same. Later Kenyatta joined KANU. Hence all the parties including Asian party &c Europeans met separately to discuss Kenya future.
KANU Secretary had made many press statements (that) saying Kenya-KANU wanted unitary government.
KADU had made statements that it wanted that it wanted a Federal government. May closed door meetings were held by each party. Finally they invited constitutional lawyers for advice.
We in KANU had agreed on what we wanted in principle, which was we wanted power to be shared by many. KADU as well had arrived at the same ideas but we did not compare notes till we met at Lancaster House in London.
KANU's proposal was some power was to be given to districts. KADU's proposal was some power should be given to provinces. After a discussion we all accepted to give power to provinces in the name of regions.
The conference had many advising lawyers from all groups. In the conference finally all agreed to give power to:-
(1) Senate - one elected person in each district
(2) National Assembly with more members in consideration of both population &!: area.
(3) Regional Assemblies with elected members from the region.
(4) Local Councils without much power but deriving their powers from Regional Assemblies.
First African government was formed on return by both KANU and KADU. That government prepared 1963 elections. On return Hon. Members appointed by both parties became Ministers and Assistant Ministers.
Dr. T. Toweet and I with other MLCS formed a KANU KADU opposition to mate KADU KANU government work. Dr. T. Toweet became the Secretary and I became leader of the opposition - Chairman.
In 1963 election used 1962 Kenya Constitution. The Constitution was practiced for about 3-4 years.
Due to selfishness of a few leaders, full of pride the constitution was changed reducing power from many to a few if not one. It happened that then I was a member of the Electoral Commission, from Eastern Province.
We in the Commission were instructed to create an extra constituency in each district to accommodate the senators who were each representing a district. The regional governments and the Senate were done away with. Life of K.N.A. was added a year.
I was a great supporter of 1962 Lancaster House Constitution. I am still a great supporter of it with minor amendments without changing the basic principle of power to be shared by many. KANU and KADU differed in terminology and individual pride & selfishness
The amendments I would like to see in 1962 constitution among others are:-
(a) status of candidates to be raised greatly
(b) no member of Parliament to go beyond four periods
(c) no President to go beyond 2 terms
(d) a Senator should be over 50 years with good leadership record period 3x5
(e) Regional assembly over 35 years with two other positive qualifications period 4 times maximum.
Positive points to be considered among others are:-
1. Education
2. Leadership
3. Honest wealth
4. Experience
5. Wisdom
6. Acceptability
LAND;
Reduce the number of individual large farms. Reduce individual small farms uneconomically used. join them into large cooperative farming managed by highly qualified persons for proper scientific farming. None Kenyans to lease land not beyond 40 years or there about.
GENERAL:
No harambees except to government that is taxation and proceeds be for all in the nation.
Leadership by those who declare wealth obtained fairly. Extra rich person without proper accounting to pay that extra the government by any person. Those who lead government in any capacity and enriched themselves to return to government. Ministers to be from all areas.
Why 1962 Constitution is good
1. It gives power to many for power is tempting and it corrupts
2. Many persons are employed
3. Fair regional competition will develop Kenya
4. It makes the Nation grow gently and tribes finally would develop friendship and great understanding
5. Potentiality of (various) all areas will be exploited in each region.