';
×
× Digital News Videos Opinions Health & Science Cartoons Education U-Report E-Paper Lifestyle & Entertainment Nairobian SDE Eve Woman Travelog TV Stations KTN Home KTN News BTV KTN Farmers TV Radio Stations Radio Maisha Spice FM Vybez Radio Enterprise VAS E-Learning Digger Classified The Standard Group Corporate Contact Us Rate Card Vacancies DCX O.M Portal Corporate Email RMS
×

The Okoa Kenya amendment Bill

By Standard Reporter | November 9th 2015 at 18:08:56 GMT +0300

From left: CORD leaders Kalonzo Musyoka, Raila Odinga and Moses Wetangula during the launch of Okoa Kenya bill for the amendment of the Constitution of Kenya, 2010 at the Bomas of Kenya in Nairobi. (Photo: File/Standard)
Opposition coalition CORD has been marshalling support for a constitutional referendum and Today, November 9, the party officials presented the draft bill as well as signatures collected to support the initiative.

If satisfied that the constitutional threshold for signatures has been met, the Independent Electoral and Boundaries Commission (IEBC) will submit the Bill to the 47 counties for a vote.

Take a look at the Bill:

THE CONSTITUTION OF KENYA, 2010 (AMENDMENT) BILL, 2015


A Bill for AN ACT of Parliament to amend the Constitution of Kenya, 2010 by popular initiative pursuant to Article 257 of the Constitution of Kenya.

ENACTED by the Parliament of Kenya as follows-

Short title

1. This Act may be cited as the Constitution of Kenya, 2010 (Amendment) Act, 2015. Amendment of the Constitution.

2. The Constitution of Kenya is amended in the manner set out herein below.

Amendment to Article 10 of the Constitution

3. The Constitution is amended at Article 10 (2) (a) by inserting a comma after the words “rule of law” and inserting thereafter the words “separation of powers”.

Amendment to Article 12 of the Constitution

4. The Constitution of Kenya is amended at Article 12 as follows-

a) At sub clause 1(a) by deleting the word “and” at the end of the sub clause.

b) At sub clause (1)(b) by adding a comma after the word “passport” and adding the words “national identity card” before the words “and any document” and deleting the full stop after the word “citizens” and substituting therefor a semicolon. The sub clause is further amended by adding the word “and” after the semicolon.


c) By introducing a new sub clause (1)(c)-

(c) The State shall issue the documents referred to in clause

(b) to citizens within twenty one days from the date of application.



Amendment to Article 60 of the Constitution

5. The Constitution of Kenya is amended at Article 60(2) by inserting the words ‘‘county government’’

immediately after the words “national government”.

Amendment to Article 62 of the Constitution

6. The Constitution of Kenya is amended at Article 62 by inserting two new clauses after clause (3) as follows:

SEE ALSO: Kenya not experiencing constitutional moment


(3A) Public land classified under clause (1)(f) and(h) shall vest in and be held by the national and county government in terms provided in an Act of Parliament.

3B. Government forests, government game reserves, water catchment areas, national parks, government animal sanctuaries, and specially protected areas shall vest in and be administered by the national government and county government in terms provided by an Act of Parliament.


Amendment to Article 67 of the Constitution.

7. The Constitution of Kenya is amendedat Article 67 (2) by renumbering sub clauses (g) and (h) as sub clauses (h) and (i) respectively and introducing a new sub clause (g) as follows-


(g) Administer all registries, processes and dispositions in respect of all private, public and community land.

Insertion of new Article 71A to the Constitution.

8. The Constitution of Kenya is amended by introducing a new Article 71A as follows-

1) The role of, and benefits for, communities in the management of natural resources shall be determined by legislation.

2) The national government shall ensure that:-

(a) at least fifteen per cent of revenue derived by the national government from natural resources is allocated to the county where the natural resources are extracted; and

(b) at least five per cent of revenue derived by the national government from natural resources is allocated to the communities where the resources are extracted.

3) The allocation under clause 2(b) shall be administered through a representative community management framework and structure.

4) Parliament shall enact legislation to give effect to this provision.

Insertion of a new Article 83A to the Constitution.

9. The Constitution of Kenya is amended by introducing new Article 83Aas follows-

(a) The Independent Electoral and Boundaries Commission shall have one single national register of voters.

(b) The Commission shall ensure that:

i) The voter registration system and method used shall be simple, accurate, verifiable, secure, accountable, and transparent.

ii) The voter registration system shall capture, through technology, at least two unique features of the voter.

iii) There shall be at least one voter registration equipment in every polling station for purposes of registration of voters.

iv) Voter registration shall be done at every designated and gazetted polling station.

v) It causes to be published the national register of voters in the Gazette at least ninety days before the date of the general election.


vi) It causes to be published in the Gazette, in the case of a by-election, the relevant portion of the national register of voters thirty days before the by-election.

vii) Within sixty days of the commencement of each year cause to be published in the Gazette, and to make available to every political party, the names and addresses of each person registered during the preceding year.

viii) In respect of each constituency, that not less than eighty per cent of the eligible voters in any electoral area, based on the last population or the government projected population whichever is the most recent, are registered.

ix) It shall be the responsibility of the Commission to ensure that all eligible voters actually exercise their right under Article 38 to vote and the Commission in this respect shall coordinate with all appropriate Government agencies to ensure to give effect to this Article.

x) That there is full and complete disclosure to the public of all its processes, infrastructure, decisions, and transactions, including award of services and contracts related to voter registration.

Insertion of a new Article 86A to the Constitution

10. The Constitution of Kenya is amended by introducing a new Article 86A as follows:

(a) At Article 86A to provide that; ‘‘The Independent Electoral and Boundaries Commission shall appoint a returning officer for each constituency and a presiding officer for each polling station who shall be responsible for all the elective positions.

Insertion of a new Article 86B to the Constitution.

11. The Constitution of Kenya is amended by introducing a new Article 86B as follows-

(1) The system of voter identification shall through technology capture at least two unique features of the voter.

(2) The system adopted for voter identification shall be simple, accurate, verifiable, secure, accountable, and transparent.

(3) The voter identification system shall have a count and a record of all voters so identified in accordance with this Article.

(4) The presiding officer shall ensure that only the voters identified in accordance with this Article shall be allowed to vote.

SEE ALSO: Probe sorry state of sports infrastructure


Insertion of a new Article 86C to the Constitution.

12. The Constitution of Kenya is amended by introducing a new Article 86C as follows-

(1) The system of results transmission shall be manual and electronic. The electronic transmission shall be real time.

(2) The results of all elections conducted in each constituency shall be announced by the constituency returning officer, after collating the results transmitted by the polling station presiding officers.

(3) The form containing the final results shall be endorsed by the presiding and returning officer and thereafter there shall be no alterations on the form transmitted.

(4) The counting of votes at the polling station and announcement of results at the polling stations shall be announced in the following order: presidential, senate, governor, women representative, member of national assembly and members of the county assembly.

(5) The Returning Officer shall ensure that the vote results are announced publicly and simultaneously conveyed through electronic media to the Commission, the media and all participating political parties.

(6) The results shall be recorded and conveyed by electronic means to the Commission and simultaneously to all participating political parties.

(7) The announcement by the constituency returning officer of the results in respect of each and all results for that constituency shall, subject to any judicial proceedings, be final.

(8) The Constituency returning shall cause the results to be published in a County gazette (s) within 48 hours of the public announcement and these shall be the results as publicly announced by the Constituency Returning Officer.

Insertion of a new Article 88A

13. The Constitution is amended by introducing a new Article 88A as follows:

(1) The Commission shall carry out its operations and activities in an open and transparent manner.

(2) The Commission shall have an obligation of complete disclosure of all its operations in the conduct and management of elections.

(3) The Commission shall provide access to all services procured, contracts entered into and general access to its systems, taking into account the principle of public participation in the Constitution.

(4) The Commission shall at all times share its decisions and operations with all political parties and actors throughout the entire electoral process for every electoral cycle.

(5) The Commission shall ensure that all eligible voters are allowed to vote in terms of Article 83

(3).

Amendment to Article 88 of the Constitution.

14. The Constitution of Kenya is amended at Article 88 by inserting a new clause (1A) as follows-

(a) The members of the Commission shall consist of five commissioners nominated by political parties based on their numerical strength in Parliament in the previous general elections and gazetted by the President within seven days of receiving the nominees by the political parties or a coalition of such parties, at least two of which shall be of the opposite gender.

(b) The commissioners shall elect a chairperson from among their number.

(c) No commissioner shall hold the position of chairperson for a consecutive period exceeding twelve months.

Amendment to Article 95 of the Constitution.

15. The Constitution of Kenya is amended at Article 95 as follows:

(a) By deleting clause (4) and renumbering clause (5) and (6) accordingly.

(b) At clause (6) by deleting the words ‘‘The National

Assembly’’ and substituting thereof the words ‘‘Parliament’’.

Amendment to Article 96 of the Constitution.

16. The Constitution of Kenya is amended at Article 96 by deleting clause (2) and substituting therefor a new clause (2) as follows:

(2) The Senate enacts legislation in accordance with Part 4 of this Chapter.

Amendment to Article 109 of the Constitution.

17. The Constitution of Kenya is amended at Article 109 by deleting clauses (2), (3), (4) and (5) and inserting the following new clauses:

(2) A Bill may be introduced by any member in their respective Houses or committee of the relevant House of Parliament.

(3) A Bill may originate in either House of Parliament, but a money Bill may originate only in the National Assembly in accordance with Article 114.

(4) A Bill shall be referred to the President for assent only after it has been passed by both Houses of Parliament in accordance with this Constitution.

(5) A certificate of both Houses shall be appended to the Bill Presented to the President for assent.

Repeal of Article 110 of the Constitution.

18. The Constitution of Kenya is amended by deleting Article 110.

Repeal of Article 111 of the Constitution.

19. The Constitution of Kenya is amended by deleting Article 111.

Amendment to Article 112 of the Constitution

20. The Constitution of Kenya is amended at Article 112 as follows:

a) By deleting the marginal note and substituting therefor a new marginal note reading “Consideration of Bills by both Houses”.

b) At sub clause (1) by deleting the words “an ordinary Bill concerning counties” appearing after the words “House passes” and substituting therefor the words “a Bill”.

Amendment to Article 115 of the Constitution.

21. The Constitution of Kenya is amended at Article 115 at clause (1) by inserting a new clause (b) and (c) and renumbering clause (b) as (d) as follows:

c) Before assenting to a bill the President shall ensure that the Speaker of the House that originates the bill shall have presented a certificate signed by the speaker of the other House. The Speaker of the originating House shall forward Bill to the President with a certificate of the other House.

d) In referring a Bill back to Parliament for reconsideration the Presidents shall in his reservation take into account the principles of separation of powers and with due regard to the legislative authority of parliament under Article 94 of the Constitution.

(4) (b) by deleting the words “if it is a Bill that requires the approval of the Senate” appearing at the end of the paragraph.

Amendment to Article 123 of the Constitution.

Amendment to Article 138 of the Constitution.

22. The Constitution is amended at Article 123 (4) to read as follows:

(a) Except as provided otherwise in this Constitution, in any matter in the Senate affecting the sharing of revenue between Counties.

23. The Constitution is amended at Article 138 as follows:

(a) At clause 3 by deleting clause 3 (c).

(b) At clause 10 by deleting the word ‘‘and’’ at the end of sub clause (a) and renumbering sub clause (b) as (c) and introducing a new sub clause (b) as follows-

(b) publish the results as received from the constituency returning officers in the Gazette; and

Amendment of Article 140 of the Constitution.

24. The Constitution of Kenya is amended by deleting the Article 140 and substituting therefor the following new Article-

(1) Within twenty one days after the declaration of the results of a presidential election any voter may lodge at the Supreme Court a petition challenging the Presidential election results and serve the same on the Commission And the declared winner.

(2) Within seven days after lodging and service of the Petition, the Commission and the Respondents shall file and serve their responses to the petition.

(3) Within seven days after the Commission and the Respondents have served their responses and without undue regard to procedural technicalities, the Supreme Court may allow the filing of further evidence to the Petition in-order to ensure the full determination of the Petition.



(4) The Supreme Court shall allow new evidence and amendment of the Petition anytime before the hearing commences.

(5) The Supreme Court shall hear and determine the Petition within sixty days from the date of the declaration of results.

(6) If the Supreme Court determines the election of the President-elect to be invalid, a fresh election shall be held within sixty days after the determination.



Amendment to Article 152 of the Constitution.

25. The Constitution is amended at Article 152 by deleting clause (3) and substituting thereof a new clause (3) as follows:

(3) No more a third of the members of the Cabinet Secretaries shall be drawn from outside Parliament.

Amendment to Article 157 of the Constitution

26. The Constitution of Kenya is amended at Article 157(2) by deleting the words “the National Assembly” appearing after the words “approval of” and substituting therefor the words “the Senate”.

Amendment to Article 166 of the Constitution.

27. The Constitution of Kenya is amended at Article 166(1)(a) by deleting the words “the National Assembly” appearing after the words “approval of” and substituting therefore the words “the Senate”.

Amendment to Article 171 of the Constitution.

28. The Constitution of Kenya is amended at Article 171(1) (h) by deleting the words “the National Assembly” appearing after the words “approval of” and substituting therefor the words “the Senate”.

Amendment to Article 181 of the Constitution.

29. The Constitution of Kenya is amended at Article 181(1) by inserting the words “deputy county governor” immediately after the words “county governor”.

Amendment to Article 182 0f the Constitution

30. The Constitution of Kenya is amended at Article 182 as follows:

(a) At the marginal note so as to read “Vacancy in the office of county governor and deputy county governor”.

(b) By inserting a new clause (7) as follows:

(7) Within fourteen days after a vacancy in the office of deputy county governor arises, the county governor shall nominate a person to fill the vacancy subject to the approval of the county assembly.

Amendment of Article 203 of the Constitution.

31. The Constitution of Kenya is amended at Article 203 by deleting clause (3). The Article is further amended at clause (2) by deleting the word “fifteen” and substituting therefor the words “forty five” and by adding the words “in the preceding financial year” after the words “national government.”

Amendment to Article 204 0f the Constitution.

32. The Constitution of Kenya is amended at Article 204 as follows:

a) At clause (1) by deleting the words “most recent audited accounts of the revenue received, as approved by the National Assembly” and substituting therefor “the revenue received in the preceding financial year”.

b) At clause (2) by deleting the words “national government” and substituting therefor “county government”.

c) By deleting clause (3) and substituting therefor a new clause (3) as follows:

3) The national government shall transfer the Equalization Fund through conditional grants directly to the counties in which marginalized communities exist.

Insertion of new Article 204A to the Constitution.

33. The Constitution of Kenya is amended by introducing Article 204A as follows-

(1) There is hereby established a Fund to be known as the Ward Development Fund.

(2) For every financial year, at least five per cent of the equitable revenue allocated to a county government shall be paid into the Fund and shall be utilized in each ward to implement projects in accordance with development priorities.

(3) Parliament shall enact legislation to make provision for the management of the Fund and to give further effect to this provision.

Amendment to Article 215 of the Constitution.

34. The Constitution of Kenya is amended at Article 215(2)(a) by deleting the words “the National Assembly” appearing after the words “approved by” and substituting therefor the words “the Senate”.

Amendment to Article 228 of the Constitution.

35. The Constitution of Kenya is amended at Article 228(1) by deleting the words “the National Assembly” appearing after the words “approved of” and substituting therefor the words “the Senate”.

Amendment to Article 229 of the Constitution.

36. The Constitution of Kenya is amended at Article 229(1) by deleting the words “the National Assembly” appearing after the words “approved of” and substituting therefor the words “the Senate”.

Amendment to Article 232 of the Constitution.

37. The Constitution of Kenya is amended at Article 232 by introducing a new clause 2A as follows-

(a) Subject to the protection of marginalized communities as provided in this Constitution, no ethnic community shall have more than the proportionate share of their population in public appointments, in any state organ, the national government and all its agencies.

(b) The state shall ensure that at least thirty per cent of all public appointments in any state organ, the national government and its agencies pursuant to this Constitution or other written law, are reserved for marginalized communities.

(c) For the purposes of this Article, a marginalized community is any ethnic or racial community that comprises less than three per cent of the population of Kenya.

(d) This provision applies to all cadres of appointment in state organs, the National government and agencies.

(e) Parliament shall enact legislation to provide for the orderly and implementation of this Article.

Amendment of Article 233 of the Constitution.

38. The Constitution of Kenya is amended at Article 233(2)by deleting the words “the National Assembly” appearing at the end of the clause and adding therefor the words ‘the Senate”.

Amendment of Article 241 of the Constitution.

39. The Constitution of Kenya is amended at Article 241(3)(c) by deleting the words “the National Assembly” appearing after the words “approval of” and substituting therefor the words ‘the Parliament”.

Insertion of a new Article 246A to the Constitution.

40. The Constitution is amended by introducing a new Article 246A as follows-

(1) There shall be a County Security Advisory Council in respect of each county.

(2) The membership of the Council shall include representatives of security organs, the county government and members of the public.

(3) The functions of the Council shall be to-

(a) develop proposals on priorities, objectives and targets for the performance of security agencies ;

(b) provide feedback on performance of the security agencies to the Inter-governmental relations forum;

(c) Facilitate public participation;

(d) and such other functions as may be determined in national legislation.

(3) Parliament shall enact legislation to give effect to the provisions of this Article.

Amendment to Article 250 of the Constitution.

41. The Constitution of Kenya is amended at Article 250 (2)

(b) by deleting the words “the National Assembly” appearing after the words “approval by” and substituting therefor the words “the Senate”.

Amendment to Article 255 of the Constitution.

42. The Constitution of Kenya is amended at Article 255(1)(i) by adding the words “revenue allocation,” after the word “objects”.



MEMORANDUM OF OBJECTS AND REASONS

The Constitution of Kenya came into force on 27th of October 2010 upon its public promulgation. Many Kenyans pinned their hopes on the provisions of the Constitution. Owing to this, a vast majority had their dreams and aspiration tied to the efficacy and efficiency of implementation of the Constitution. This has not been possible without enabling provisions to help clarify and define responsibilities, duties, powers and functions of different organs; to wit the Judiciary, the Independent Electoral and Boundaries Commission, the National Land Commission inter alia. The objective of this Bill is therefore to amend various provisions of the Constitution in order to take into account the invaluable lessons learnt through five years of implementation of the Constitution in order to give effect to the aspirations of the people of Kenya. The following are the explanatory notes of the clauses.

Clause 3

Amendment to Article 10: The amendment in this Article entrenches the principle of separation powers in Article 10 of the Constitution as one of the foundational principles set out in the principles and values of governance.

Clause 4

Amendment to Article 12: The amendment in this Article entrenches the right of all citizens to a Kenyan Identity card. The National Identity card is a pre-requisite for all citizens enjoyment of their right to vote under Article 38 of the Constitution.

Clause 5

Amendment to Article 60: The amendment in this Article is intended to ensure that the interpretation of all matters relating to land under the Constitution does not exclude the county and to avoid a ‘‘national centric’’ approach to land.

Clause 6

Amendment to Article 62: The amendment is intended to ensure that public land is administered by the two levels of government. It is also intended to ensure that government forests, government game reserves, water catchment areas, national parks, government animal sanctuaries, and specially protected areas shall vest in and be administered by the two levels of government

Clause 7

Amendment to Article 67: This clause has been introduced to define the specific roles between the National Government and the National Land Commission on management of public, community and private land. This is with respect to the management of registries, processes and dispositions. The clause grant exclusivity to the National Land Commission to administer public, private and community land while the National Government role is limited to policy formulation in relation to land.

Clause 8

The amendment to Article 71 has been introduced to clarify the roles of the different levels of government in management of natural resources. It enshrines the rights of communities from where the resources are extracted to share in the income. The clause anticipates legislation to guide the involvement of county governments and the development of a community management framework for the better management of natural resources by the two levels of government.

Clause 9

Amendment to Article 83: The amendment enhances accountability and the management of the electoral process in Kenya and removing any loopholes which may make the voter registration process suffer legitimacy confidence. It gives the parties to the election to ascertain the contents of the register and allow individuals who may have been omitted from the register to seek redress.

It also imposes a duty on the Commission to maintain only one single national register of voters and a requirement to adopt an electronic voter registration system that is simple, accurate, verifiable and accountable. The Commission will also have a duty to publish the National register of voters within 60 days for the preceding year and avail the register to all political parties.

Clause 10

Amendment to Article 86: The clause introduces a new Article 86A to provide for the appointment of a returning officer for each constituency and a presiding officer for every poling station and who shall be responsible for all election of all electives seats including the position of president, governor, and senator, member of the national assembly, women representative and county assembly representative. The clause is intended to ensure that in the Presidential election there shall be 290 returning officers whose results announcement shall be final and not the chairperson of the Commission.

Clause 11

Amendment to Article 86: This clause introduces a new Article 86B to provide for proper voter identification process which is electronic and is to be simple, accurate, verifiable and accountable. The new clause also requires the Commission to appoint a returning officer and a presiding officer for each of the elective positions namely presidential, senate, governor, women Representative and National Assembly positions.

Clause 12

This clause introduces a new Article 86C to deal with vote transmission which shall be electronic and simple, accountable, verifiable and transparent. The transmission system shall be real time and streamed simultaneously to all political parties. The results shall be announced by the Constituency returning officer and shall be final and to be beamed in public before a video camera and transmitted to all registered television stations, then subsequently scanned and sent to the Commission and to all political parties at the same time.

Clause 13

Amendment to Article 88: The clause introduces an obligation on the Commission to carry out its operations and conduct of elections in an open and transparent manner and to make full disclosure of all engagements including contracts of services it enters into.

Clause 14

Amendment to Article 88: This amendment provides for the nomination and appointment of Commissioners of the Independent Electoral and Boundaries Commission by political parties based on their numerical strength in parliament based on the last election results. The chair of the Commission is to be appointed by the members of the Commission on a rotational basis for a period not exceeding twelve months.

Clause 15

Amendment to Article 95: The amendment to delete clause (4) of Article 95 of the Constitution is to entrench the role of the Senate in enactment of legislation and in particular in determining allocation of national revenue.

Clause 16

Amendment to Article 96: The amendment to delete clause (2) of Article 96 is necessary so as to reflect the role of the Senate in enactment as opposed to participation in debating and approving all laws not just those concerning counties.

Clause 17

Amendment to Article 109: The amendment to delete clause (2), (3), (4) and (5) of Article 109 and substituting it with a new clauses is intended to ensure that a bill may be introduced by any member or committee of either houses and that bills may originate in either House of Parliament.

Clause 18

The amendment to delete Article 110 is necessary in light of the new amendments that allows bill to originate from either House of Parliament thus rendering obsolete the classification and procedure under Article 110 of bills concerning counties.

Clause 19

The amendment to delete Article 111 is necessary in light of the new amendments that allows bill to originate from either House of Parliament thus rendering obsolete the classification and procedure under Article 111 on special bills concerning counties.

Clause 20

The amendment to Article 112 is necessary by changing the marginal note to read ‘‘consideration of bill by both Houses’’ is necessary in light of the new provisions that bill may originate from in either House of parliament.

Clause 21

Amendment to Article 115: The amendment to delete the words at clause (4) (b) by deleting the provisions ‘‘if it a bill that requires the approval of Senate’’ accords with the amendment that empower either House of Parliament to originate bills.



Clause 22

Amendment to Article 123: The amendment at clause (4) is intended to include the ‘‘sharing of revenue’’ in the test of the proviso to ‘‘all matters concerning counties’’

Clause 23

The amendment to Article 138 of the Constitution is introduced to place an obligation on the Commission to publish results as received from the constituency returning officer into the Kenya Gazette.

Clause 24

The amendment to Article 140 of the Constitution sets out in great detail the dispute resolution process in the event of any electoral disputes arising out of the presidential elections. It offers adequate timelines to enable filing, exchange and determination of presidential election disputes. It offers an adequate timeline to enable filing, service of documents and determination of presidential elections disputes.

Clause 25

The amendment to Article 152 to make provision for the appointment of Cabinet Secretaries from Parliament and that more than one third of the Cabinet Secretaries shall be from outside Parliament.

Clause 26

The amendment at Article 157 is made to provide for the role of the Senate in approving appointments by the President of the Director of Public Prosecutions under Article 157 (1) and (2) of the Constitution. This provisions sets out a clear distinction in approval of Presidential or other appointment of independent office bearer and chapter fifteen Constitutional office bearers. It also sets a distinction in subsequent similar amendments where all political appointments by the President are left to the National Assembly.

Clause 27

The amendment at Article 166 is made to provide for the role of the Senate in approving appointments by the Judicial Service Commission of the Chief Justice and the Deputy under Article 166 (1) (a) of the Constitution. This provision relates to appointment of independent or Constitutional office bearer and therefore subject to approval of the Senate.

Clause 28

The amendment at Article 171 is made to provide for the role of the Senate in approving appointments by the President under Article 171 (1) (h) of the Constitution, of the two representatives to represent the public in the Judicial Service Commission. This provision relates to appointment of independent or Constitutional office bearer and therefore subject to approval of the Senate.

Clause 29

The amendment at Article 181 is made to harmonize the impeachment procedure for the Deputy Governor with that of the Governor.

Clause 30

The amendment at Article 182 of the Constitution is made in-order to provide for a framework for the replacement of a deputy governor in the event of a vacancy in that office.

Clause 31

The amendment to Article 203 of the Constitution ensures that county governments have adequate finances to carry out their functions. This is achieved through:

a) Enhancing county allocation of the national revenue from the current minimum of fifteen percent to a minimum of forty five percent.

b) Providing that the base for calculating the minimum allocation above is ‘‘the preceding financial’’ year as opposed to the “most recently audited and approved account” which have tended to be outdated and not reflecting the current economic realities.

Clause 32

The amendment at Article 204 is made to ensure that one half per cent of revenue to be paid in the equalization fund is based on ‘‘the revenue received in the preceding financial year’’ as opposed to ‘‘the most recent audited accounts’’ of revenue received.



Clause 33

The amendment to Article 204 introduces the Ward Development Fund which constitutes five percent of the equitable share of the funds allocated to county governments. The clause also allows county assemblies to legislate for the better management of the Fund.

Clause 34

The amendment at Article 215 is made to provide for the role of the Senate in approving appointments by the President of the Chairperson of the Commission of Revenue Allocation 215 (2) (a) of the Constitution. This provision relates to appointment of independent or Constitutional office bearer and therefore subject to approval of the Senate.

Clause 35

The amendment at Article 228 is made to provide for the role of the Senate in approving nomination by the President of the Controller of Budget under Article 228 (1) of the Constitution. This provision relates to appointment of independent or Constitutional office bearer and therefore subject to approval of the Senate.

Clause 36

The amendment at Article 229 is made to provide for the role of the Senate in approving nomination by the President of the Auditor General under Article 229 (1) of the Constitution.

Clause 37

Amendment to Article 232: This clause ensures that all communities are effectively represented in all public service appointments by restricting the appointments in all state agencies, government departments and corporations to no more than fifteen per cent of based on the population of any one ethnic community. It also entrenches affirmative action in favour of marginalized communities in public appointments.

Clause 38

The amendment at Article 233 is made to provide for the role of the Senate in approving appointment by the President of the Chairperson and vice Chairperson of Public Service Commission Article 233 (2) of the Constitution. This provision relates to appointment of independent or Constitutional office bearer and therefore subject to approval of the Senate.

Clause 39

The amendment at Article 241 (c) is made to provide for the role of Senate in approval of any deployment of the Defence forces in any part of Kenya affected by unrest or instability.

Clause 40

This amendment at Article 246 by inserting a clause 246A establishes the County Security Advisory Council at the county level. This seeks to strengthen community involvement in the security at the county level.

Clause 41

The amendment at Article 250 is made to provide for the of Senate in the approval process of chairpersons and members of commissions under Article 250 (2) of the Constitution. This provision relates to appointment of chapter fifteen commissioners who are independent or Constitutional office bearer and therefore subject to approval of the Senate.

Clause 42

This Bill seeks to protect devolution by ensuring that adequate funds are disbursed to the devolved government structures. This clause protects the provisions of Article 203 so that the equitable share of revenue to the devolved governments may only be altered at a referendum.

DATED AT NAIROBI THIS 9th DAY OF NOVEMBER, 2015

OKOA KENYA MOVEMENT.


Okoa Kenya constitution referendum
Share this story

Read More