Wednesday, December 9, 2009

Political Cafe (Sarova II) On Harmonized Draft Constitution on 08/12/2009

Youth Agenda Organized another session of Political Cafe on 8/12/09 to discuss the harmonized draft constitution (HDC) so as to come up with a memorandum to present to the committee of experts on the views of the youth who participate in youth agenda forums.
This is what I would refer to as Sarova II and it was organized because it was felt Sarova I did not exhaust the issues at hand to be discussed. Therefore, this cafe was convened from 1300hrs and took the better part of the afternoon.
The agenda of the cafe was to validate the recommendations of the previous cafe (Sarova I) and to discuss on the following chapters;
• Judiciary (Lead by Priscilla Nyokabi)
• Public Finance (Lead by John Mutua)
Priscilla Nyokabi from Kituo cha Sheria and John Mutua from Institute of Economic affairs was at hand to assist us run through these chapters. This is after they gave brief presentations.

A suggestion of pegging a certain percentage of our revenue (GDP) to be allocated to judiciary was raised.
The issue of structure of courts was queried especially Court of Appeal and Constitution Court. It was in our opinion that the HDC has no clear cut distinction as to which court is superior of the two.
Some members had problems with Kadhi's courts. However, I am of the opinion that they should be entrenched in the constitution as is the case in HDC. However, requirements of a degree either in law or Islamic studies should be added to strengthen them.

Public Finance
John Mutua advised us that one of the things we need look at when considering this chapter is aspect of cost benefit analysis. That would be when we decide to get rid of our current structure and come up with 74 counties as proposed in the HDC.
Although, no one has come up with the cost figures of devolved government as proposed in the HDC. In my view there is need to do this so as to debate this chapter with facts. We could borrow from what the US is doing when they are overhauling their health care system. They work with figures.

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