Katiba mpya ya Tanzania vs ya Kenya

Katiba mpya ya Tanzania vs ya Kenya

Ya kwetu iko Bomba kwa maana Madaraka ya Raisi hayajavunjwa vunjwa kama ya Wakenya, pili sisi ni wastaarabu tumeandika Katiba mpya bila tone la Damu kumwagika, hivyo bado sisi tuko juu!
 
Katiba ya Kenya ni katiba iliyotokana na Wananchi kwa matakwa ya Wananchi, lakini Katiba ya kwetu imeandikwa na Warioba kutokana na matakwa ya Rais halafu nina wasiwasi itakapokuwa tayari itakuwa ni ya kukudhi matakwa ya Watawala!!
 
kalikumtima jackson said:
Katiba ya Kenya ni katiba iliyotokana na Wananchi kwa matakwa ya Wananchi, lakini Katiba ya kwetu imeandikwa na Warioba kutokana na matakwa ya Rais halafu nina wasiwasi itakapokuwa tayari itakuwa ni ya kukudhi matakwa ya Watawala!!
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This is what I had in mind

nilidhani kuwa ya kwetu ingeenda mbali zaidi lakini inaonekana matakwa ya watu milioni 45 yamedharauliwa na sote tumefanywa kama watoto wadogo
 
Wakenya wana mahitaji yao, watanzania tuna mahitaji yetu.
 
wajumbe wa katiba ya kenya waliteuliwa na Kibaki au waliteuliwa vipi?

kwa nini katiba ya kenya watu wanaisifia sana?
 
[h=3]WAKENYA WALIAMUA HIVI KUHUSU KATIBA YAO JUU YA MAJUKUMU YA RAIS........

_________________________________________________

The Executive[edit]I[/h]The executive at the top most levels will be constituted of a President, Deputy President and the Cabinet.
Key functions of the President

  • Shall be the Head of state & Head of government of the Republic of Kenya.
  • Shall not be a member of parliament
  • Commander-in-Chief – and will declare war and state emergency upon approval by the National Assembly and Cabinet respectively.
  • Head of Government – will wield executive authority and will co-ordinate and supervise all major sections of the executive branch.
  • Shall nominate, appoint with prior approval of the national assembly, and dismiss Cabinet Secretaries.
  • Preside over Cabinet meetings.
  • Shall assent bills into law or refer them back to parliament for further review.
  • Shall nominate, and after approval of Parliament, appoint a Chief Justice.
  • Shall nominate, and after approval of Parliament, appoint an Attorney General
  • Shall nominate, and after approval of Parliament, appoint a Director of Public prosecution.
  • Shall appoint Judges to the Superior Court recommended to him/her by an independent Judiciary Service Commission.
  • Shall appoint Ambassadors/High Commissioners to Kenyan embassies abroad.
 
[h=3]The Legislature[edit][/h]The Legislative branch will constitute of the following An upper house – the Senate

  • Each of the 47 counties will have a Senator
  • A senator will be elected by the voters.
  • Tentative total number of Senators will be 60.
  • Presides over presidential impeachment hearings (article 145)
A lower house – the National Assembly

  • Each constituency (290 the number gazetted by Independent Electoral and Boundaries Commission in October 2012).
  • Majority of the Members of National Assembly will be directly elected by voters
  • There will be a Women's Representative MP elected from each county – therefore guaranteeing a minimum of 47 women MPs in the National Assembly.
  • Tentative total number of MPs will be 347.
  • Votes to investigate and impeach the president (article 145)
County Assemblies and Executive

  • The country will be divided to approximately 47 counties – the counties are comparable to the current districts.
  • Each county will have a County Executive headed by a county governor elected directly by the people and;
  • A county assembly elected with representatives from wards within the county.
 
Government Structure[edit]

The key changes proposed by the new constitution released are in the following areas:

  • Separation of Powers between the Three arms of government i.e. Executive, Legislature and Judiciary.
  • The Executive – who holds executive authority and the qualifications.[SUP][8][/SUP]
  • The Legislature – the composition, and representation of the people. An introduction of an upper house – the Senate.[SUP][9][/SUP]
  • The Judiciary – qualifications to hold office and appointment.[SUP][10][/SUP]
  • Devolution – only two levels of Government: National and Counties.[SUP][11][/SUP]
  • Citizenship – among other issues, gender discrimination was ended, and citizens who acquire foreign citizenship will not lose their Kenyan citizenship.[SUP][12][/SUP]




Gains achieved

  • An advanced Bill of Rights that among other things recognises Socio-Economic rights of the Kenyan citizens. (Chapter Four).



  • The removal of age limit of 35yrs to run for President. New draft allows people to run as long as they are of adult age. Article 137(b)




  • Right to Recall legislators(Senators and Members of the National Assembly).(Article 104)




  • Representation in elective bodies has to effectively meet a gender equity constitutional requirement, namely that no more than two-thirds of members shall be from either gender in its make up. Chapter 7, Article 81(b)




  • Integrity Chapter, requires an Independent Ethics Commission to be set up that will monitor compliance with Integrity in all government institutions and make investigations,recommendations to the necessary authorities i.e. Attorney General and any other relevant authority.(Chapter Six)





  • An advanced Human Rights and Equality Commission that will also have power to investigate and summon people involved in Human Rights abuses within the government and with the public.(Article 252)





  • Equitable Sharing of resources between the National government and the County government through a resolution of Parliament. Chapter 12- Part 4.






  • An Equalization Fund to improve basic access to basic needs of the marginalised communities. (Article 204).





  • Any member of the Public has a right to bring up a case against the government on the basis of infringement of Human Rights and the Bill of Rights – Article 23(1)(2). The courts and government institutions are bound to the Bill of Rights as per the constitution Article 2(1), Article 10(1).





  • The Salaries and Remuneration Commission that is an Independent entity and has the power of regularly reviewing salaries of all State officers to ensure the Compensation bill is fiscally sustainable. Article 230(5).





  • Independence of the Judiciary is affirmed Article 160.
  • An Independent National Land Commission created to Maintain oversight and manage all Land(Public) belonging to National and County Government and recommend policy on addressing complaints from public,advise the National government on ways of improving National and County land management,planning,dispute resolution. Article 67.
  • Environmental Rights are recognised under Chapter 5(Part 2)





  • Freedom of Media establishment from penalty on expression, by the State on any Opinion and dissemination of media. Article 34. This is subject to the Article 33.
 
[h=3]Judiciary[edit][/h]Main article: Judiciary of Kenya
There will be three superior courts:

  • Supreme Court – highest judiciary organ consisting of the Chief Justice, the Deputy Chief Justice and five other judges. This court will handle appeals from the Appeals and Constitutional courts. It will also preside over Presidential impeachment proceedings.
  • Court of Appeal – will handle appeal cases from the High Court and as prescribed by Parliament. It will constitute not less than 12 judges and will be headed by a President appointed by the Chief Justice.
An independent Judicial Service Commission has been set up to handle the appointment of judges. They will recommend a list of persons to be appointed as judges by the President(this article will be enforced after the transitional period). The commission will consist of the following:

  • A Supreme Court judge – elected by members of the Supreme Court to chair the commission
  • Court of Appeal judge – elected by members of the Court of Appeals to chair the commission
  • The Attorney-General
  • Two advocates, one a woman and one a man, each of whom has at least fifteen years' experience, nominated by the statutory body responsible for the professional regulation of advocates
  • One person nominated by the Public Service Commission.
Attorney General

  • Shall be appointed by the President – with approval from the National Assembly
  • Hold office for only one term of not more than 6 years.
 
[h=2]Citizenship[edit][/h]The new constitution makes important reforms to the previous framework on citizenship, in particular by ending gender discrimination in relation to the right of a woman to pass citizenship to her children or spouse; by ending the prohibition on dual citizenship; and by restricting the grounds on which citizenship may be taken away. The text has been criticised, however, for not providing sufficient protections against statelessness for children or adults.[SUP][13]


[/SUP]

  • A person is a citizen by birth if on the day of the person's birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen (Art 14(1)).




  • A person who has been married to a citizen for a period of at least seven years is entitled on application to be registered as a citizen (Art 15(1)).




  • A person who has been lawfully resident in Kenya for a continuous period of at least seven years, and who satisfies the conditions prescribed by an Act of Parliament, may apply to be registered as a citizen (Art 15(2)).




  • A person who is a citizen does not lose citizenship by reason only of acquiring the citizenship of another country (Art 16) and persons who are citizens of other countries may acquire Kenyan citizenship (Art 15(4)).




  • A person who as a result of acquiring the citizenship of another country ceased to be a Kenyan citizen is entitled, on application, to regain Kenyan citizenship (Art 14(5)).
 
Kijakazi said:
Ya kwetu iko Bomba kwa maana Madaraka ya Raisi hayajavunjwa vunjwa kama ya Wakenya, pili sisi ni wastaarabu tumeandika Katiba mpya bila tone la Damu kumwagika, hivyo bado sisi tuko juu!
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Sasa kuna UMAANA GANI kama MADARAKA ya RAIS HAYAKUVUNJWA i.e kupunguzwa ?? Hicho ndicho kilikuwa kilio cha wengi hadi kwa VISIWANI;

Pendekezo lilikuwa kugawa Madaraka angalau JUSTICE; POLICE; LAW wapate NGUVU na kuondoa URAIS UDIKTETA..

Na washangilia EH
 
Madaraka ya Rais ndilo tatizo kubwa Tanzania kulipo kuliko hata mfumo wa Muungano. Tunateuliwa na Rais watu MIZIGO na hakuna wa kupinga wala hatuna la kufanya hata chama tawala chenyewe.
 
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