Here is the part two of the Wuanta analysis on the draft Constitution.
As I close sample these excerpts from the Proposed Constitution:
CAP 2. THE REPUBLIC
Art. 11 (3) a – Culture: Parliament shall enact legislation to ensure that communities receive compensation or royalties for the use of their cultures and cultural heritage.
CAP 4. THE BILL OF RIGHTS
Art. 56 – Minorities and marginalized groups: The State shall put in place affirmative action programmes to ensure that minorities and marginalised groups –a) participate and are represented in governance and other spheres of life; b) are provided special opportunities in educational and economic fields; c) are provided special opportunities for access to employment; d) develop their cultural values, languages and practices; and e) have reasonable access to water, health services and infrastructure.
CAP 5. LAND AND ENVIROMENT
Art. 62 (4),- Public land – Public land shall not be disposed of or otherwise used except in terms of an Act of Parliament specifying the nature and terms of that disposal.
(My take is no more executive dishing out of the Mau and others).
Art. 63 (4) – Community land – Community land shall not be disposed of or otherwise used except in terms of legislation specifying the nature and extent of the rights of members of each community individually and collectively.
Art. 67 (2) e – National Land Commission – The functions of the national land commission are (e) to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress.
CAP 7. REPRESENTATION OF THE PEOPLE
Art. 89 (1) – Delimitation of electoral units – There shall be two hundred and ninety constituencies for the purposes of the election of the members of the National Assembly mentioned in article 97 (1) (a).
(So, No Katiba No new constituencies.)
CAP 8. THE LEGISLATURE
Art. 100 – Promotion of representation of marginalized groups – Parliament shall enact legislation to promote the representation in Parliament of – a) women, b) persons with disabilities, c) youth, d) ethnic and other minorities, and e) marginalized communities.
CAP 11. DEVOLVED GOVERNMENT
Art. 174 – Objects of devolution – The objects of the devolution of government are – c) to give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them; d) to recognize the right of communities to manage their own affairs and to further their development; e) to protect and promote the interests and right of minorities and marginalized communities; f) to promote social and economic development and the provision of proximate easily accessible services throughout Kenya; g) to ensure equitable sharing of national and local resources throughout Kenya; h) to facilitate the decentralization of State organs, their functions and services, from the capital of Kenya.
CAP 12. PUBLIC FINANCE
Art. 202 (1) – Equitable sharing of national revenue – Revenue raised nationally shall be shared equitably among the national and county governments.
Art. 204 (1) – Equalization fund – There is established an equalization fund into which shall be paid one half percent of all the revenue collected by the national government each year calculated on the basis of the most recent audited accounts of revenue received, as approved by the national assembly. (2) The national government shall use the equalization fund only to provide basic services including water, roads, health facilities, electricity to marginalized areas to the extent necessary to bring the quality of those services in those areas to the level generally enjoyed by the rest of the nation, so far as possible.
(This shall happen for the next 20 years)
The First schedule
1. The Maasai Counties – Kajiado, Narok, Samburu, Laikipia, and Baringo (5).
2. The Kikuyu Counties – Nyandarua, Nyeri, Kirinyaga, Murang’a, Laikipia and Kiambu (6).
3. The Kalenjin Counties – Uasin Gishu, Elgeyo/ Marakwet, Nandi, Baringo, Kericho, and Bomet (6).
4. The Luo Counties – Siaya, Kisumu, Homa Bay, and Migori (4).
5. The Kamba Counties – Kitui, Machakos, and Makueni (3).
6. The Luhya Counties – Kakamega, Vihiga, Bungoma, Busia, and Trans Nzoia (5).
(In my analysis whereas some are cosmos, they are roughly the same – the biggest gain ever made by a marginalized minority group).
I therefore follow the endorsement made by the following big five i.e. President Obama, President Kibaki, Prime Minister Raila Odinga, Dr. Kofi Annan, and Hon. William ole Ntimama; to add my little sixth voice and declare, IT’S A ‘YES’ REFERENDUM RESULT!
Finally, to ensure you become part of this decisive action, get yourself the new voters card from the Interim Independent Electoral Commission of Kenya/IIEC, amu medung taa olorora lenkutuk ong’ata ( verbosity does not bring home the bacon).
God bless you, God bless My People, and may God bless Kenya.
Phillip S. Wuantai (Convenor/Association of Maa Academics)
C/O Nashipai Perrio Ene Kilanya (Secretary Enkishui e Maa)

