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Constitution of Kenya Review Commission (Ckrc) CONSTITUTION OF KENYA REVIEW COMMISSION (CKRC) NATIONAL CONSTITUTIONAL CONFERENCE Verbatim Report of SWEARING IN OF DELEGATES TO THE NATIONAL CONSTITUTIONAL CONFERENCE, HELD AT THE BOMAS OF KENYA ONONON 292929 THTHTH APRIL 2003 Page 1 of 38 Last printed 12.10 am on 11 th June 2003 VERBATIM REPORT OF SWEARING IN OF DELEGATES TO THE NATIONAL CONSTITUTIONAL CONFERENCE, HELD AT THE BOMAS OF KENYA ON 29 TH MAY 2003 The meeting started at 10.00 am. An Honourable Delegate (Prayer): God our Father and Creator, you have given us a beautiful country Kenya, you have given us this country to live in, to work in and to serve you and serve our people. We ask you to bless these Delegates present here, give us the spirit of wisdom and understanding of the Constitution. Give us the spirit of courage to change what needs to be changed and give us the courage to need to maintain what we must maintain. We ask you Lord, open our hearts and minds to be cordial and accept the opinions of each other but also to come to a fruitful judgement in unanimity and also in solidarity. We ask you Lord all these through the power of Jesus Christ our Lord, who lives and reigns through you and the Holy Spirit, one God for ever and ever. Amen. Prof. Yash Pal Ghai: Thank you. Now I call upon Sheikh Ali Shee to lead us in prayers. Hon. Delegate Sheikh Ali Shee: (Maombi) Tuombeni. Yarabi Muumbaji wetu, Mola wetu. Sisi ni wanyonge mbele yako, viumbe vyako ambao tunakutegemea wewe, tunategemea nguvu zako na kuungwa mkono na wewe. Ewe Mola, tubariki sisi sote tulioko hapa ambao tumekutana kwa lengo la kuangalia maslahi ya viumbe vyako walioko katika nchi hii ya Kenya. Mola, wabariki wananchi wetu wote na uwape busara wakilishi wao walioko hapa ambao wamekuja kuangalia maslahi yao, kuangalia jambo la Katiba ambalo litachunga haki na uadilifu na kuangalia maendeleo ya nchi hii yako. Ewe Mola tunakuomba hatuna mwingine isipokuwa ni wewe, tupe busara nyingi, tupe akili, tupe uvumilivu, tupe subira tuweze kuvumiliana na tuweze kustahimiliana na tuweze kufanya kazi pasi na kuchoka. Rabi tunakuomba, hatuna mwingine utubariki. Amin. Prof. Yash Pal Ghai: Thank you. I will now call upon Mrs. Kamla Sikand to say prayers. Page 2 of 38 Last printed 12.10 am on 11 th June 2003 Mrs. Kamla Sikand: (Prayer). God we thank you for giving us this day today. God we ask your continued blessings as we are gathered here to give Kenya a new Constitution. God, give us the wisdom and give us the power to think for the country that we may think for the future, and not think of ourselves today: We want this Constitution to be for our children’s children, for the future of this country. Let us forget our selfish aims today. Let us see that this document is for the country for a long, long time. We thank you God for giving us wisdom through the Chairman and the Commissioners who have produced a beautiful draft for us. God, we thank you again and ask for your blessings for all of us. Thank you. Prof. Yash Pal Ghai: Thank you. Finally, we will have traditional prayers. May I invite Ole Kurun. Ole Kurun: (Traditional prayers) ……………………..Maasai Dialect . Nakuomba kwa jina la Baba, la Mwana na Roho Mtakatifu. Amina. (Laughter by Honourable Delegates) Prof. Yash Pal Ghai: Honourable Delegates, the primary purpose of this session today is to swear in the members of the Conference. I remember we were all here together in October just on the verge of being sworn in when Parliament was dissolved. I am reminded ofthis may not be entirely a true story but it has been widely circulated so it must be true--. That Winston Churchill at that time a Member of Parliament in Britain was making a speech in Westminster when the Germans dropped a bomb which fell very near the Houses of Parliament. As a result Churchill had to stop, members had to be rushed out and to security and then when the war ended a few years later Churchill came back to the House and said, “as I was saying when I was so rudely interrupted” and continued the speech after so many years. I have a similar sort of feeling, I hope this is the last interruption, the one in October that we had, and that we will be allowed to continue with our work smoothly until we have concluded the swearing in by the Secretary of the Commission Mr. Patrick Lumumba swearing me in and once I have been sworn in I will swear in all of you. We will swear you in batches of 50 members, to do individual swearing in will take up many hours. In your documents you should have an oath Page 3 of 38 Last printed 12.10 am on 11 th June 2003 or affirmation and once you have taken your oath or have affirmed, you will fill that form and we will tell you how you deliver that form to the Secretariat. We have here all the religious books that we need for today, that is the Holy Bible, the Holy Quran and the Holy Baquatgita and so people of all these different religions can swear their oath according to their religious rights. I will now therefore ask Mr. Lumumba to swear me in and then I will proceed with the swearing in of others. “I, Yash Pal Ghai, being appointed a Delegate to the National Constitutional Conference under the Constitution of Kenya Review Commission Act, do solemnly swear that I will faithfully and fully, impartially and to the best of my ability, discharge the trust and perform the functions and exercise the powers devolved upon me by virtue of this appointment without fear, favour, bias, affection, ill will or prejudice and to the end that in the exercise of the functions and powers as such a delegate, I shall at all times be guided by the national interest. So help me God”. (Honourable Delegates clapping) P L O Lumumba: I will now with the permission of the Chair call out the first 50 names, and I will call out the names, those who want to take the oath will sit after the oath has been read out and those who want to affirm will remain standing. Abdalla Amina Ali Abdikadir Guyo Abdirahman Ali Abass Abdirahman Ali Hassan Abdirizak Arale Nunow Abdullahi Haji Mohammed Abida Ali-Aroni Aboud Sheik Abdalla Abubakar Zein Abubakar Abuom Agnes Aburi Nyabote Thomas Page 4 of 38 Last printed 12.10 am on 11 th June 2003 Abuti Mohammed Juma Achuka Francis Igwaton Adungo Asitaluko Mark Ahmed Amina Muhudhar Ahmed Idha Salim Ahmed Isaack Hassan Ahmed Maalim Omar Ajuoga Milcah Aoko Akaranga Moses Akhayalu Happy Gloria Wabwire Ahabi Gevas Alew Simon Alexander Kipngetich Chepkwony Ali Shee Mohammed Alice Yano Ali Abdullahi Ibrahim Amina H. Soud Amos Wako Andronico Oduogo Adede Angwenyi Jimmy Nuru Ondieki Anne Mululu Anne Okoth Anne Wairimu Njogu Apolo Njonjo Aringo Peter Oloo Arunga Julius Odenyo Ashepete Barasa Roseline Asli Ibrahim Ali Aswani Sammy Amunga Atonga Gaudencia Agoko Atsango Chesoni Page 5 of 38 Last printed 12.10 am on 11 th June 2003 Atyang’ Joseph David Aweis Nasra Abubabakar Awillie David Lidbury Erulu Adhu Awiti Awora Daniel Obare Awori Arthur Moody Ayacko George Mbogo Ochilo Prof. Yash Pal Ghai: Please read the oath after me. “I” and now mention your name. Hon. Delegates: I,…………………….., being appointed a Delegate to the National Constitutional Conference under the Constitution of Kenya Review Commission Act, do solemnly swear that I will faithfully and fully, impartially and to the best of my ability, discharge the trust and perform the functions and exercise the powers devolving upon me by virtue of this appointment without fear, favour, bias, affection, ill-will or prejudice and to the end that, in the exercise of the functions and powers as such a Delegate, I shall at all times be guided by the national interest. So help me God. P L O Lumumba: You will now move to this side and you will surrender your oath papers and those who don’t have the oath papers you sign the papers that are available on my left side. I will now proceed to read the following 50 names. Is there anybody who is to be affirmed rather than sworn? If there be none, we proceed. Badawy Abdulrahman Ahmed Bahari Abdul Ali Balala Najib Mohammed Baldip Singh Rihal Bariu Beatrice Beatrice Nduta Kiarie Beatrice Wairimu Kamamia Benjamin Gitoi Page 6 of 38 Last printed 12.10 am on 11 th June 2003 Benson Okwaro Benta Auma Saoke Bernadette Quadros Bett Franklin K. Bifwoli Sylvester Wakoli Billow Adan Kerow Bishop Benard Njoroge Kariuki Biwott Nicholas Kiprono Kipyator Boit William Kiplumbei Bornice Chelangat Soi Boy Fatuma Bakari Bungei Isaack Kipkoskei Bwana Peter Ondari Caroline Chemursoi Caroline Cherotich Ruto Charles Lwanga Lwole Charles Maranga Bagwasi Cheboi Moses Kipkemboi Chelagat Nafutali Kemboi Chelaite Alicen Jematia Rono Chemwey Naibei Sammy Chepkitony Lucas Kipkosgei Chepkoech Sally Cheruiyot Isaiah Kiplagat Choge Jim Christina Cherono Ng’eno Clare Kwamboka Omanga Dache John Pesa Dahir Abdullahi Sheikh Dalmas Anyango Otieno Daniel G. Ichang’i Page 7 of 38 Last printed 12.10 am on 11 th June 2003 Daniel Mokaya Rasugu Daniel Njagi Daniel Njoroge Danny Irungu David K. Kuto David K. Njoroge David Marcos Rakamba David Mpilei Oloisa Dennis Kodhe Domenico Muraguri Nderi Domiziano Ratanya. Prof. Yash Pal Ghai: I should have mentioned that when you sign the oath or affirmation, please put in today’s date so that we know the day on which you took the oath or the affirmation.
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