MPs overstepped their mandate

Section 32 of the Constitution of Kenya Review Act 2008 provides that, the Committee of Experts shall "within 21 days of the expiry of the 30 days for public debating on the draft, present the draft Constitution and the report to the PSC for deliberation and consensus building on the contentious issues on the basis of the recommendations of the Committee of Experts"

Pursuant to the above section, PSC concluded its deliberations and handed back its report to the CoE. While the job they did is commendable, its move to delve into issues that were non-contentious and outside its mandate was illegal.

An example is the expunging of the Ethics and Anti-Corruption Commission from the Draft Constitution.

The justification for the entrenchment of this anti-graft body into the supreme law of the land cannot be overemphasised. It is in the public domain that Constitutional constrains having been one of the greatest challenges facing the anti-corruption war.

It is on this basis that the anti-corruption commission was entrenched into the draft.

The chapter on leadership and integrity, which establishes the anti-corruption commission, has never been contentious to warrant the MPs deliberation and purported consensus.

On what basis did the PSC delete it? In its report to the CoE, PSC said, "...the Committee deleted Article 95 relating to the establishment of Ethics and Anti-Corruption Commission in this Section since it is provided by an Act of Parliament." Was this reason enough to expunge the body from the Constitution?

Are other commissions like the Kenya National Commission on Human Rights entrenched into the Constitution not also provided for by Acts of Parliament?

It is in public interest that the anti-corruption Commission be entrenched in the Constitution. The CoE should therefore reject PSC’s proposals touching on issues outside its mandate .

{Eric Ngumbi, Nairobi}

It was wrong to include the four presidential hopefuls in the Parliamentary Select Committee (PSC) that was deliberating constitutional matters in Naivasha.

Deputy Prime Ministers Uhuru Kenyatta and Musalia Mudavadi, Minister William Ruto and Martha Karua have expressed interest to run for the top seat in 2012 and I doubt they would make a constitution that does not favour them.

The number of MPs at the PSC was 21. The four means 19 per cent of the members had conflict of interest in the deliberations.

That is why they watered down the CoE’s proposals that there be two centres of power. They removed the Prime Minister’s position because they seem convinced they might ascend to power and would never wish to share it with anyone.

The issue of devolution was well put, but that there are going to be additional 80 constituencies is worrying. If it were my wish, no MP should sit on a select committee but a people’s committee incooperating all Kenyans’.

MPs have interest in this constitution making and given the chance, may alter everything in their favour.

Kenyans have cried foul that a powerful president without checks and balances is unpopular since he wields so much power and cannot be questioned. Kenyans do not want a presidential system.

{Phillip Orwa, Nairobi}

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The rot that is our education system

Education is a basic human right. It then follows that for a person to function well, sound education is fundamental because education is attributed with transmission of societal norms and ethical values.

It is unfortunate though, that our education system has not made it possible for all to get the desired education. Right from Primary school, education has been a reserve for those who have money.

When the Government announced the Free Primary Education it was a sigh of relief. But Primary education is elementary and forms the basis of higher education. Many complete primary education but only cling to the frail hope that somehow they will continue with Secondary education. Some never get the opportunity and their dreams are shattered.

Cut off points

Those who make it to secondary schools have to toil to secure a place in public universities. Even after the hardwork, uncertainty engulfs them because the Joint Admissions Board raises the cut off points every subsequent year.

For example in 2007 it was unfair for a student with a B+ of 68 points to miss a place in the public universities.

Learners’ tribulations don’t end there, those who join universities do courses that they did not choose.

A contrast is that the courses they are denied are given to students who can afford the exorbitant money charged under the parallel programme with very low grades.

Quality is no longer the hallmark of education because it has been commercialised. A student with an A- might not qualify to pursue medicine under the regular programme while a student with a C+ will be enrolled in the same course under the parallel programme.

The big question is, will the latter make an impeccable doctor like the one who had a clean A? or does it mean paying a lot of money will fill the cognitive gaps in the mind of this learner?

These are the questions educationists need to answer if at all they will justify the rationale behind denying regular students certain courses under the pretext that they are not qualified yet the same are given to less qualified parallel students.

Definitely something is amiss in our education system and review is prudent to guarantee parity.

{Duncan Muthengi, Nairobi}

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Stop harassing Fourth Estate

The harassment of journalists by Presidential guards is uncalled for. Whoever is President should know days of private life are gone.

In the US, media houses allocate a journalist to cover presidential events. They are referred to as White House Correspondents. They may be changed from time to time depending on the media station and change of guard.

Government officials have boasted of how they promote media freedom better than other African countries. This is mediocrity. It’s unfortunate those who used the media when they were oppressed by previous regimes turning their back to media now that they are in power.

Kenya will only develop if the Fourth Estate is accorded its rightful stake.

{Shitemi Khamadi, Nairobi}

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Morning after pills misunderstood

The so called morning after pills should not be used as contraceptives as it puts partners at risk of infecting one another.

Morning after pills only prevents pregnancy. It also has side effects that include large deposition of fats that could cause complications during birth.

Young people tend to overlook the fact that they are exposed to contracting HIV infection but concentrate on preventing unwanted pregnancies.

Similarly male circumcision has been misunderstood for preventing HIV/Aids .This has led to many people going for the cut then practising unsafe sex.

People should be educated more about male circumcision and birth control pills.

{Rushdie Oudia, Nairobi}

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Kamukunji MP a let down to electorate

I am hesitant to accept the calls for generational change. The callers do not seem to mean or understand the underlying factors.

I crave for change not only in politics but also in our mannerism.

If the current crop of people will lead the much awaited change, then I am sorry it will never come to pass.

Politically speaking it is of great need that a politician remains relevant. We must be controlled by the moral instincts too.

Anytime Kamukunji MP Simon Mbugua hits news headlines it is for the wrong reasons. Once he was spotted dressed funnily at Parliament buildings, hate speeches in political rallies and most recently assaulting a journalist.

Dust has not settled and he is up to it again.

{Pintoh Kondoro, Kisumu}

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Feedback

Can the economy support additional seats proposed in the Draft Constitution?

Many Kenyans are suffering from absolute poverty and uneven distribution of resources.

Our hope is to get a constitution that can protect all, not the few politicians whom we have dug deep into our pockets to pay but are still looking forward to burden us more through by increasing their numbers.

{Akoth Teryoh, Kenya }

This budget can only work if the MPs agree to a pay cut. We won’t even need them because devolution will take care of mwananchi thus rendering their impact on the community negligible compared to the totalitarian system we have. {Kenneth Ondoro, Kenya}

We definitely don’t need any extra MPs. They are a liability to the tax-payer. The slots for the current 12 nominated MPs can be distributed to deserving groups. {Mpaapa, Kenya }

No. The ones we have are a burden to the taxpayer. The additional seats are another scheme by our selfish politicians to create positions for their kind.

If they refused to pay tax when they are fewer what is the fate of the tax payer now?

More scandals will arise because they all want to eat. They have now taken the education funds, who knows where they are going to strike next?

{Perpetua Muchwenge, Kenya}

A big no. I am amazed that people disagree with the PM on this one. Why create room for more thieves to disable the economy?

We have more than enough beaming on our plate, people soiling Kenya’s name internationally, day in day out.

More MPs equals more tribal politics, more poverty, deaths and less jobs. Kenya still limps after post-poll violence. Lest we forget.

{ Sumi-Assumpter , Australia }

Yes, because Kenya suffers from an acute constituency imbalance on the basis of population.

There’s no fairness in representation which is an injustice that must be rectified.

The imbalances were caused by individuals who wanted to reward their unpopular candidates.

{ Kennedy Mokua, US }

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