My personal take on Chapter 12 of the Harmonised Constitution

Now to my task as a Kenyan. I am not trained in legal matters and what I offer is basically a layman's wish. I have stayed limited to Chapters twelve (Executive) and fourteen (devolution) for now. I have some misgivings about certain matters of language such as:

Article 156 (2) The State President shall exercise the powers and perform the functions of that office on the advice of the Cabinet unless this Constitution states otherwise. Does he SEEK Cabinet advise OR does Cabinet offer such advise without prompting. I think this 'trigger' needs to be put in black and white. For example, the words: Always, constantly, regularly, etc may be juxtaposed somewhere to disambiguate this and help eliminate the Rigera-type scenarios. The president might argue, 'I didn't need the help of the cabinet' on that, and still point to the ambivalence of this loophole. Let us use a toothcomb on the language!

These are my observations and misgivings so far, which I am also sending to the CoE via email.

Presidency: Election and power.
To me the president is ceremonial in all but name. He is not doing anything on his own. Pardon my gender in prose, I don't mean to deprive the women the possibility of ascendancy to the presidency. I just want to limit my fingers' dance across the keyboard merely to appease biases.

Now, a president who ONLY appoints AFTER parliament has RECOMMENDED and CLEARED the officials is powerless. Which is good. HOWEVER, Kenyans go the the polls to ELECT the president. Such an official should act in a way commensurate with the POPULAR mandate given by the populace. Apparently, after being handed the popular mandate, the president is tethered to SH and Nayo Stadium/Uhuru Park. Nothing else. All the day to day stuff will (nay, shall) be in the hands of the PM. The president as envisaged in the constitution is a creation of the Kenyan people through an election. The PM, on the other hand, is the creation of haggling and horse-trading in parliament.

I consider these tasks of the president:
4..The State President shall—

• respect, uphold and safeguard this Constitution;
  
• safeguard the sovereignty of the Republic;
  
• promote and enhance the unity of the nation;
  
• promote respect for the diversity of the people and
  communities of Kenya; and
  
• ensure the protection of human rights and fundamental
  freedoms and the rule of law.
  

5. The State President shall not hold any other State or public office.

A person envisaged in the constitution to act as a nucleus of state cohesion and symbol of national pride MUST be saved the DIVISIVE hustles of electionneering. A father-figure, to me, must be above reproach and spared the blame games and must be guarded against playing a role in the rigours of divisive and non-progressive politics and campaign mirk and mire.

The basis of my argument is these dilemmas:

• Let Kenyans ELECT the GOVERNMENT-FORMING mechanism. Let Kenyans hand over rulership to a person who SHALL EVENTUALLY EXERCISE THAT POWER. If Kenyans elect a president, then let the EXECUTIVE power rest therewith, let the president, in response to the mandate offered by Kenyans LEAD from the front. Allow HIM to lead government and governance. THEN introduce checks and balances through parliament, to ensure that unilateral appointments to key government positions are checkmated through a thorough vetting process seated in parliament. The president SHALL then exercise authority with a very close monitoring by a muscular parliament, which is also answerable to an electorate.
  
  
• IF Kenyans want a PM, as seems inevitable from the proposals. The I propose that the PM and NOT the president be ELECTED, together with his party, by POPULAR mandate by the people of Kenya. Such mandate, originating from the power of Kenyans to cede governance to one man/coalition of men, shall transfer governance to the PM who shall exercise EXECUTIVE authority. The PM, either with his party, or as a leader of the LARGEST (basically 50% plus one MPs), shall offer to form the government.

The mechanism of formation of such a government shall involve procedures such as those witnessed in Israel, Germany and the UK where the PM (a product of TOUGH, even divisive campaigning) offers a proposal to form a government to the president. The president, upon being satisfied that the PM-designate satisfies CONDITIONS (nationality, MPs, Coalition rigours, minority interests in government composition) shall INVITE him to form such a government.

Such a government shall formulate the legislative agenda of GOVERNMENT, which SHALL be promulgated by the president at the STATE opening of parliament. The governance agenda shall be owned by the government (read PM plus ministers), the same government shall implement the agenda.

The PM shall PROPOSE Ambassadors/High Commissioners, judges, magistrates and other government appointees to parliament, which SHALL vet, clear for appointment and forward the same to a president whose only task is to FORMALLY APPOINT. The President shall not amend the list of appointees UNLESS he consults AFRESH with parliament, which should then accept and subject to a similar process, a replacement appointee.

In my proposal, the president is a CREATURE of parliament(s). He is a FIGURE of respect, an eminent and pacifying Kenyan in whose utterances divisions have never been hinted. He shall be a ceremonial figure. Being non-partisan means he may be appointed from non-aligned groups, he may be a member of the minority party etc. Better still, the president may be a product of both parliament and the regional governments. Such figure is likely to satisfy the roles specified in schedule 4(a)-(e) of Article156. The president's election shall be EXACTLY one calendar year after the last election in order to ensure that at the conclusion of an election, and in the transition, there is an incumbent president to ensure continuity.

It doesn't make sense to me that the president appoints the Cabinet, which is then presided over by the PM. May the PM nominate and propose the cabinet to the president who SHALL in turn APPOINT the government.

Further on the ministries, I propose that the constitution names BENCHMARK ministries for key sectors such as:

• Agriculture
  
• Finance
  
• Education
  
• Culture
  
• Transport
  
• Public Works
  
• Lands
  
• Tourism
  
• Health
  
• Foreign Affairs

These ministries should then have substantive departments under the deputy ministers. For example Agriculture may have deputy misters for Livestock, Fisheries, Crop production, etc. Likewise, Kenya should be courageous enough to lump related ministries like natural resources, forestry, and any other under deputy ministers under Tourism. Education shall have science and technology, basic and high education etc. See my thrift?

On devolution. I wanted to ask for the names of the regions, what are they based on? The provinces as they currently exist or as envisaged in Kibaki's 20 regions?

Holidays

Ochamegei boiisiechu (abeere muren booi Boaz). Lagok che koyai tiemuutik ko mie koisto ng'olyoot ne kileen "ke tar sukul". Ma mii chi ne tarei sukul. Agot ane nga kimoori kaineet keleen Dr ko toom aatar sukul. Tarei biich sukul. Ye mwa lakweet anan ko sigiik kole "ki ko tar sukul kip anan ko chep shiancho". Mwaeet ne uu noo ko teechei ng'otweet em kabwotuutik. Ribegei chi marigindoab kabwatuutik.

Em kasari ko mi ole kimuuchi kesooman buch em university. Geer Finland ak Jurumaan. Oli kimuuch kesooman em university em robiisiek che ng'ering. Em Juruman ko Jimbo che mochei chepkondook kemogee lakwa elipu 60 kitio. Oltinweek alak ko ma kimochei chepkoonda.

Kobaate....

Nga mi ng'ony chepkondook che kemochei em Finland, Juruman, Sweden ak agot China, ko magaat keng'alaal kutiitnywa. Ara anyuun lakweet ne ko koit kilas 12 ko nda imuugaksei kowo kolej ne kineeti kutusweechu asi kobiit kiibara kiwotoosiekab sobeet. Nda momi chepkondokab Kolej ko amu nee lagook che mi oltinweek che kimuuchi keyai kandaras kou kap chai anan keebut bandek asi konyoor chepkondook che inetegei kompiuta anan kutuswek che tesei boroinwekab somaneet.

Omwachi lagook konai kole koobek pocket money yo ko itui sandukuutab sukul. Nguno ko yaachei ko am kaootikchiik.

Mie ke kaaman kanetisiet agobo koroi kiguree Ukimwi asi kitigiin ko ma itiaach lagook seseenik ne matinyei aiyo. Mi ting'ong'eet beek oriit, mat siil beek kiholeela.

Sere ak ogat arap Sang ak Cheptabach.

KCC: A historical perspective

In 1990, Egerton University upgraded its Dairy Technology Diploma to a degree course. The BSc Dairy Science & Technology was custom-designed to train 'future KCC managers'. The first batch of the 8-4-4s who had chosen a UoN Food Science found ourselves at Egerton. We were 26 in number. I was the only one from the RVP. In 1992, May to be precise, then Minister for Co-operatives, the late Kamwithi Munyi, ammended the Act that had hitherto given KCC a monopoly. The Kenya Dairy Board lost its teeth. Imports of dairy products came in, including products with radioactive material, that Ukrainian milk powder contaminated by the Chernobyl Nuclear disaster of Apr 1986.

Among the loosers were the farmers, who, without knowing also contributed to the demise of KCC. I wrote my term paper on this liberalisation and its impact on KCC and farmer payments. I am sorry that I cannot locate the hard copy at the moment. However, apart from a free-for-all- importation of cheap and subsidised milk and milk products, farmers were doing what they continue to do. In the morning, they'd supply milk to KCC, but either due to lack of knowledge or merely because they were trying to make a kill, they took their midday and evening milk on bicycle to Eldoret. They were selling full fat raw milk to the same target consumer to whom KCC was meant to sell processed milk, The farmer's milk was costing half the prize of the processed milk from KCC. This hawking was allowed because Munyi's ammendment made 'hawking' of milk legal. For with it, the Kenya Dairy Board (KDB) could not impound any unprocessed milk.

KCC was collapsing. Chebelyon was at one time the Chair, Raymond Moi was the de facto head and supplies committee's in-charge. He was running the show as Nathaniel was busy elsewhere. It was during this time that a company, Katestai Ltd, of Tony Ketter (actually John Chumo) and David arap Bett (who was a director of KCC) were doing proxy business for Raymond. They supplied what I have called at in this blog 'more toilet paper than the milk supplied by farmers'.

When KCC was faced with collapse, and after several 'interventions' by Moi who could 'order KCC' in public barazas to pay the farmers (which was always instantly obeyed!), a meeting a meeting was called at Afraha Stadium. As a future manager in KCC my colleagues and I attended. In that meeting, Mark Kiptarbei arap Too proposed, apparently having had prior discussions with Moi et al, that KCC be disbanded and a new entity KCC2000, be formed instead. This KCC2000 was to inherit all the assets from KCC, but no liabilities. Technically, as a 'dead' entity, KCC was free from the law. You all know who owned KCC2000 and what it was doing to farmers.

Yes Kibaki disbanded KCC2000 and I think MO1 walked away with some 400m or something like that. If I am not wrong, that money is still stuck with a lawyer, and Mo1 has since sued the said lawyer to 'recover his money'. Remember that while these guys were raping KCC, Mark Too was busy transforming KGGCU back to KFA and then back to KGGCU. In between that, KGGCU/KFA assets including houses (like the one Mark has at Milimani in Nakuru) was changing hands. Why do we want to die for these crooks, eti 'our own', who owns who? They own you or what. Did I care to say that in the thick of the confussion, one WSR imported maize, yes the same commodity that farmers in Ziwa produce. I love you Kalenjiin, you are 'ours'.

Ruto candidacy

Amos,
It is democracy at play. For Ruto to declare his candidacy in ODM he is entitled and he should not cease to pursue that way. ODM must promote internal contests and democracy. However, his candidacy need not be Kalonzo-style. He should be guided to practice 'inclusion'. At the moment, guaging by what I have heard so far from third parties, he is not interested in ODM. Ruto's game plan is to herd the Kalenjiin to a party from where he will launch his bid. Knowing well (Kansola let it out today morning) that he will not make it but remain a king-maker, he will hawk us to a 'coalition partner' for trade-offs. Now that is where I part ways with his ambitions. Is it difficult for Ruto's handlers to sound him on the likelihood that Raila might as well be PM in future and not necessarily interested in the presidency? Why don't we encourage Ruto to 'use' Raila and his numbers as he builds bridges to other people like Balala? Surely you don't torch your house before you build another. ODM is a mass movement and Ruto needs to scheme well to not only inherit Raila's numbers but position the Kalenjiin in government, not as beggars to be included in a government. I would like to see Ruto contest within ODM, win the ticket or lose it BUT remain committed to ODM and its aspirations to lead Kenya. That is politics of the future, not the 'nomadism' that I hear coming through.

I hear democracy, democracy. Isn't it democracy when Musa Sirma, Magereer Lang'at and Frankline Bett or even Henry Kosgey decide to stick with Raila? Do we have two prisms through which we measure democracy? While we are passionate about a Ruto presidency, let us be cognisant of the fact that we have differences of opinion. People should be respected for that diversity. But again, Kanu taught us 'sauti moja' but it didn't tell us which one, Bass, alto, tenor or soprano! A lot of the Kanu lynch squad is loose and doing what is natural for them.

To me ODM is ours, we are the main if not among the main shareholders. How do we vacate it and found another one? IF Ruto is planning on taking the Kalenjiin on the tarmac again, with his spirited effort to get us more enemies as if the ones we have are not enough, NANDI will not be part of it. Ma acheek che ke kertoe kiroonget kou tugaab grade.

Ruto, ODM and migration

Arap Sang,
ODM ko nenyoo Kalenjiin. Amu nee asi ma kiyan keele demokras ko le chi mochei koek President em ODM. Biikab ODM che imong'u chiito ne wendii ko soomei ng'echereet. Ngamwa ale mi ng'echerook aeng'u Kenya: president ak PM. Kalya asi ma king'omegituu ak kiroopgei biik che koneech koitoosiek (numbers) che indoeech Sirikali oriit. Momii bororieet ne imuchi ko boi Kenya inegei. Mochei biik toreteetab Kalenjiin, mochei Kalejiin toreteetab biik alak aki icheek.

Ma nyolu kecheeng'chigei buunik che chang. Kou yo kamwa Kansola ko ma chamei Ruto kaiin toroor ak ko nguno kocheeng'ei buunik em Kaap Some ak Kap Kulusya. Mageere amu ne asi ketinye korotiik che bo uoteet ne ki ombenooti kong'eete goot age agoi goot age. Atkinye kemande em Kadu, ye itio keng'eetee Kanu agoi ODM. Ngunoo omoche kokeny kebe kiroonget ke kertee oreet? Asoome ale kobiit internal democracy em Kalenjiin ak ODM. Kou yoo mitei biik che leweni age ko mii bik che ma mochei nootok. Kobaate chang saanik em ODM ak ke mochegei tugul. Nyolu Kalenjiin keteschii ng'ulootio ng'oomnon, amat kindoi seruun.

Nyolu koguur Elders tuiyeet ne bo MPs tugul asi kochoomnyo, ma nyolu ko amegei ng'eng'eweet ak komii tuguuk che chaang che igeneech. Ngo le chi mochei ng'echer ko ka tiech beekab ingiro? Biik che wolu (iyamuani). Sere igatwoo Cheptabach.