CONSTITUTION OF 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 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. I will now ask those persons whose names have just been read to stand and to repeat after me, first as before, “I” and then your name. Please say 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.

So will you please sign the oath and then maybe Lumumba will tell you how to deliver it.

P L O Lumumba: Those who want to affirm may remain standing. I take it that there is nobody. The group that has just been sworn will move to my right side, there is a desk where you will deliver the oath paper or sign one if you don’t have one in your custody. I will now with the permission of the Chair read the next batch of 50 Delegates.

Page 8 of 38 Last printed 12.10 am on 11 th June 2003

Dorcas N. Mbelersia Dubat Ali Amey Dzoro Morris Mwachondo Eisintele Kureya El-Busaidy Abdulghafur H.H. Eliud Paul Nakitare Elizabeth Mayieka Elkanah Odembo Emase Peter Derick Ejore Emmy Jerono Kipsoi Emukule Anyara John Mathew Esther Lelei Ethuro David Ekwe Eva Akinyi Obara Fadhil Sultana Farah Maalim Mohammed Faris Ogada Aguo Fatma Ali Saman Fatma Ibrahim Ali Fatuma Boru Jaldesa Fatuma Sheikh Muhammed Florence Machayo Father Gitonga Joachim Francic Ng’ang’a Francis Nzuki Kaloki Francis Wabayale Francis Wangara Francis Waweru Frederick Rukwaro Nderitu Gachagua James Nderi

Page 9 of 38 Last printed 12.10 am on 11 th June 2003 Gachambi Marie Therese Galgalo Gurrach Boru Galgalo Adan Tuye Gatiti James Nthiga George Muchai George Mwaura Mburu George Ndatho Muchiri George Omari Nyamweya Gervase A. Akhawabi Gilbert M. Omondi Gitari David M. Gitau William Kabogo Githae Robinson Njeru Gitu Wa Kahengeri Gituma Paul Victor Godana Bonaya Adhi Godana Doyo Adhi Golich Juma Wario Grace N. Githaiga Gumo Fredrick Omulo

Prof. Yash Pal Ghai: Thank you. Will you please stand and repeat after me. First, I am going to say “I” and then you say, “I” and mention your names.

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

Page 10 of 38 Last printed 12.10 am on 11 th June 2003 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: The Delegates who have just been sworn will move to my left side for a repeat of the exercise which you are now familiar with. With the Chair’s permission I will read the next batch of 50 Delegates.

Guracha Denge Wario H. W. O. Okoth Ogendo Haji Mwijaa Mwinyi Haji Yusuf Mohammed Halako Fatuma Galgalo Hannah Nyambura Kimani Hellen Jepkerich Too-Yego Hezekiah Waithanje Minjire Hezron K. N. Manonda Hubbie Hussein Al-Haji Ibrahim Ahmed Yusuf Ibrahim Lethome Isa Ireri Ngunia Isaac Lenaola Isaac Ongumba Kibwage Isaack Derow Ibrahim Isaiah Kubai Jacob Ochino Ogundo James F. T. Foster James Kibii Koske James Kinuthia Mwangi James Ngusi James O. Bwatuti Jamilla Mohammed

Page 11 of 38 Last printed 12.10 am on 11 th June 2003 Jandeka Rebecca Evelia Jane Mumbi Kiano Jane Mwende Pius Jillo Mumina Konso Joel Chebii Joel Kipyegon Sang’ John T. Nyakundi John Cheruiyot John Karimi Njiraini John Katumanga John Kinuthia Waitiki John Muchai Kiniti Joseph Kipng’eno Soi Joseph Maritim Soo Joseph Martin Shikuku Joyce M. Majiwa Joyce Umbima Judith Magundho Julius Kipkurgat Sitienei Julius Lalampaa Jumba Caleb Justus M. Wekala Justus Musyoki Mutweti K. Mosonik Arap Korir Kaaru Abdulkadir Guleid Kagwe Mutahi

Prof. Yash Pal Ghai: Thank you. Please say “I “ and then your names.

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

Page 12 of 38 Last printed 12.10 am on 11 th June 2003 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 kindly move to my right side to complete the exercise. With the Chair’s permission I will now read the next group of Delegates:

Kagwima Francis Nyamu Kaimba Bruno Kibara Kaindi Peter Kyalo Kaitany Ernest Kiprotich Kajembe Seif Ramadhan Kajwang’ Gerald Otieno Kamama Asiman Abongotum Kamanda Maina Kamau Ruth Wanjiku Kamla Sikand Kamotho John Joseph Kapila Nira Kent Karapa Daniel Dickson Karenge Wa Gacuru Kariuki Godfrey Gitahi Kariuki Mirugi Karua Martha Wangari Karume James Njega Katamu Rita Ombito Kathurima N’Inoti Katuku John Mutua Kauchi A. Chivumba

Page 13 of 38 Last printed 12.10 am on 11 th June 2003 Kavetsa Adagala Kavoo Kilonzo Kaila James Omolo Keino Esther Keko Somoina Margaret Kellan Khaoma Wavomba Kennedy Kiliku Kenneth N. Njiru Kenneth Peter Kenyatta Uhuru Muigai Keriako Tobiko Kesendany Ezekiel Kosgey Keter Charles Cheruiyot Khadija Fugicha Dabassa Khalwale Boni Basiye Khamasi Daniel Lyula Kamisi Joseph Matano Khaniri George Munyasa Kibagendi Richard Ngoge Kibunguchy Enoch Wamalwa Kibwana Kivutha Kigen David Kimaiywa Kihara Njeri Jane Kilimo Linah Jebii Kilonzi Livu Raphael Kilonzo Julius Kiema Kilonzo Mutula Kimani Lydia Wanjiru Kimani M. Ng’ang’a Kimathi James Viscount

Page 14 of 38 Last printed 12.10 am on 11 th June 2003 Kimetto Anthony Kipkosgei Kimunya Amos Muhinga Kingi Joseph Kahindi King’ori Mwangi Kinyanjui Rosemary M. Kipchumba Joseph Lagat

Prof. Yash Pal Ghai: So please repeat after me, say “I” and then you say your names.

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: The Delegates just sworn will move to my left side for completion of the exercise. With the Chair’s permission I will read the next set of Delegates:

Kiplangat Arap Koech Kiptingos Saul Kipkoech Kiptum Jane Jebiwott Kirangari Jane Kamwaga Kiriro Wa Ngugi Kirwa Kipruto Rono Kisiero Arap Wilberforce Kitambi Mwalimu Digore Kituyi Mukhisa Kiumo Amos Kiunjuri Mwangi

Page 15 of 38 Last printed 12.10 am on 11 th June 2003 Koech John Kipsang’ Arap Koech Sammy Cheruiyot Kofa Mugava Tola Kombe Harrison Garama Kombo Musikari Nazi Konchella Gideon Sitelu Kones Kipkalya Koringura Hellen Korir Joseph Kipkapto Koros David Kiptanui Kosgey Henry Kiprono Kulundu Newton Wanjala Kuria Simon Kanyingi Kuti Mohamed Abdi Lawrence Murugu Mute

We will affirm Commissioner Adagala before the oath is read. This is for Commissioner Adagala who firms she is a Quaker, she will affirm first.

Prof. Yash Pal Ghai: Will you please say “I”, and then mention your names.

Hon. Delegate Kavetsa Adagala: I, Kavetsa Adagala, being appointed a Delegate to the National Constitutional Conference under the Constitution of Kenya Review Commission Act, do solemnly declare and affirm 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.

Prof. Yash Pal Ghai: The Delegates standing please say “I” and then say your names.

Page 16 of 38 Last printed 12.10 am on 11 th June 2003 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: The Delegates who have been sworn or affirmed will move to my right side. With the Chair’s permission I will now read:

Lekisemon Mariamu Ntausian Lepuchirit Sophia Leshore Prisa Sammy Lesirma Simeon Saimanga Lesly Betawa Mwachiro Levy Wangula Ahindukha Ligale Andrew Ndoli Lihanda Kemen Savai Lilian Wanjira Liza Chepkorir Chelule Lobuk Pius Leyaro Lomorukai L. Emmanuel Lopetakou William Lorna Timanoi Tetu Loyor Rodah Arupe Lung’ahi Nancy Kabeteka Luseno Hudson Liyai Ivuti Patrice Ezekiel Mwangu Lydia Wambui Muriuki Maasai Maroa

Page 17 of 38 Last printed 12.10 am on 11 th June 2003 Maathai Wangari Muta Machage Wilfred Gisuka Madoka Marsden Herman Maende Rhoda Ndumi Maero Tindi Mafunga Chesmei Wambulwa Magara James Omingo Mageria James John Magugu Arthur Kinyanjui Magut Felicity Irene Maina Patrick Musungu Maitha Emmanuel Karisa Maitha Lucas Baya Mweni Maitha Moffat Muia Maluki Robert M. Mamo Abudo Konchoro Manduku Hezron Mango Christine Abungu Manoti Steven Kengere Manu Chandaria Maoka Richard Maore Marende Kenneth Otiato Mereso Agina Margaret Kamar Margaret Nyadhogora Maria Nzomo Martha Koome Martha Rop Mary Wambui Kanyi Masanya Godfrey Okeri Mathenge James Stanley

Page 18 of 38 Last printed 12.10 am on 11 th June 2003 Mbai Benson Itwiku

Prof. Yash Pal Ghai: Please stand up. Say “I” and your names.

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: -- (Inaudible) Mbai Chrispin Odhiambo Mbarire Cecily Mbau Elias Peter Mboya Pamela Mburu Muthoni Mary Mburugu Florence W. Ruhiu Mdahoma Farouk Said Mercy Mwamburi Mganga Boniface Michuki John Njoroge Midiwo Washington Jakoyo Mike Oliewo Miriam Muto Mitere Albert Onyango Mkawerweren P. Chebii M’Mukindia Kirugi Laiboni M’Nkiria Petkay Shell Miriti Mohamed A. Swazuri

Page 19 of 38 Last printed 12.10 am on 11 th June 2003 Mohamed Abdi Haji Mohamed Mohamed Abdi Mahamud Mohamed Mohamed Ahmed Khalif Mohamed Hussein Maalim Mohamed Jairus Nyaoga Moi Gideon Moroto Samuel Chumel Moses Kiplangat Keter Moses L. Naimandu Moses M. Wekesa M’Rinyiru Julius M’Mworia M’Thigaa Godfrey Mbuba Muchai Rogers Lumatete Walubengo Muchiri Godfrey Gachara Mugo Beth Wambui Muiruri Patrick Kariuki Muite Paul Kibugi Mukiri Macharia Munene J. Othiniel Mungania Julius Magao Mungatana Danson Buya Munga’thia Hellen Munya Peter Gatirau Munyao Joseph Konzollo Munyes John Kiyonga Munyi John Gitari Muriithi Peter Gichohi Muriuki Joyce Kagendo Muriuki Karue Muriungi Raphael

Page 20 of 38 Last printed 12.10 am on 11 th June 2003 Murtaza Jaffer Murungaru Christopher Ndarathi Murungi Kiraitu Musila David

Prof. Yash Pal Ghai : Thank you. Please say, “I” and then say your names.

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: I believe there is nobody to affirm. If there is nobody to affirm you will move to my right side. Thank you. With the Chair’s permission I wish at this stage to indicate that the disabled Delegates, stay where you are, you will be assisted.

Musyimi Mutava Musyoka Stephen Kalonzo Mutakha Kangu Mutiso James Philip Mutiso John Mutinda Mutua Erick Kyalo Mutunga Jane Mwikali Muturi Justin Bedan Njoka Mwailengo Haji Joel Mwakere Chirau Ali Mwandawiro Julius Mghanga Mwangi James Waweru

Page 21 of 38 Last printed 12.10 am on 11 th June 2003 Mwangi Michael Githu Mwangi Onesmus Kihara Mwaniki Tabitha Mumbi Mwanyota S. Mariam Mwanzi Asia Mahmood Mwanzia Fredrick Daudi Mwaringa Beatrice Mwaka Mwau Adelina Ndeto Mwendwa Winfred Nyiva Mwenje David Kamau Mwiria Valerie Anne Kilemi Mwiraria David Nakalo David Okiya Naleah Gatiti Kithumbu Nam Judith Achieng’ Oyalo Nancy Iyadi Nancy Makokha Baraza Nandako Jane Kauka Nathaniel K. Tum Ndambuki Gideon Musyoka Ndeke Leah Ciamuari Ndeme Raphael Bombo Nderitu Alfred Mwangi Ndile Richard Kalembe Ndolo Reuben Owino Nyang’inja Nduse William Matheka Nduyo Grace Ntembi Ndwiga Peter Njeru Ngari Christine Nyawira Ng’eny Samuel K. Ngeywa Cherotich Nancy

Page 22 of 38 Last printed 12.10 am on 11 th June 2003 Ngilu Charity Kaluki Ngorongo Makanga Ngoyoni Titus Lemusei Ngozi Abdallah Jumaa Nichasius Mugo Njoka Njenga John Njeru Abel Mwaniki Njeru Wambugu Njoki Susanna

Those who are swearing will be sworn in first and Nancy Baraza will affirm after them.

Prof. Yash Pal Ghai: So please stand up and say “I” and your names.

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.

Nancy Baraza will you please stand up? Say “I” and then your name.

Hon. Delegate Nancy Baraza: I, Nancy Makokha Baraza , being appointed a Delegate to the National Constitutional Conference under the Constitution of Kenya Review Commission Act, do solemnly declare and affirm 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.

Page 23 of 38 Last printed 12.10 am on 11 th June 2003

P L O Lumumba: The Delegates who are sworn or affirmed will move to my left side to conclude the exercise. The next set of Delegates

Njuguna M. Kung’u Ng’ang’a Wamboi Caroline Nkaissery Kasaine Joseph Nkoroi Peter Kang’ethe Nthamburi Zablon Ntimama William Ntutu Stephen Kanyinke Noor Ibrahim Abdi Nyachae Simeon Nyaga Joseph William Nthiga Nyakundi John Peter Nyaga Norman Gathakari King’ang’i Nyamunga Erick Opon Nyang’au N. Onwong’a Nyong’o Peter Anyang’ Obwocha Henry Onyancha Ochola Phoebe Atieno Odenda Lumumba Odinga Raila Amolo Odoyo Peter Ochieng’ Oduor Ong’wen Ogembo Masese Ogero Benson Kegoro Oginga Obura Ogingo Otieno Kevin Mathew Ogot Grace Emily Akinyi Ogur Tobias Orao Ochola

Page 24 of 38 Last printed 12.10 am on 11 th June 2003 Ogutu Teresa Usunga Ohare Charles Edward Ojaamong’ Sospeter Odeke Ojiambo Fred Omondi N’Cruba Ojiambo Julia Auma Ojode Joshua Orwa Okelo Elizabeth Nyangetha Okemo Chrisanthus Okioma Samson Nyang’au Okoth Zaccheus Okundi Philip Okoth Okwach Abagi Olweny Patrick Ayiecho Omamba Herman Odhiambo Omar Twalib Mzee Ombura Elphans Odhiambo Omino Joab Henry Onyango Omondi William Opondo Omondi Ibrahim Ondiek Stephen Alloys Oluoch Oniang’o Ruth Onoto Joshua Jilo Onyancha Joel Omagwa Onyango Philip Romanus Oparanya Wycliffe Ambetsa Opore John Zebedeo Orie Rogo Manduli

Prof. Yash Pal Ghai: Thank you. So please say “I” and then your names.

Page 25 of 38 Last printed 12.10 am on 11 th June 2003 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: Those who want to affirm may remain standing as the other Delegates move to my right side. The Chairman will now read the affirmation.

Prof. Yash Pal Ghai: Say “I” and then your names.

(An Honourable Delegate being affirmed, name not given) ………………… being appointed a Delegate to the National Constitutional Conference under the Constitution of Kenya Review Commission Act, do solemnly declare and affirm 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.

P L O Lumumba: Thank you very much. You are reminded that when the Chair is administering the oath you raise your hand. Your right hand or left if you are left handed. I will now proceed to read the next set of Delegates.

Orwa George Ochieng’ Orwenyo Mary Obonyo Oscar Zakayo Makhoka Osoi Kamwende Daniel Osundwa Wycliffe Otieno Rose Adiana

Page 26 of 38 Last printed 12.10 am on 11 th June 2003 Owidi Peter Otieno Owino Charles Oyugi Owino Rosemary Oyawo David Adundo Parpai Geoffrey Mepukori Pascalina Riwandi Lebarleiya Pastor Zablon Ayonga Patrick Kiage Patrick Onyango Paul Musili Wambua Peter G. Nyanducha Philip Ole Sironko Phoebe Asiyo Phoebe Sikoya Kituyi Patrick Lodge Otieno Lumumba Pogishio Samuel Losuron R S C Omolo Rai Samuel Ngozi Rajab Mwondi Raphael G. Mwai Raval Shasikant Kantilal Raychelle Awuor Omamo Richard Otieno Kwach Riunga Raiji Robert Rukunga Rhoda Gesare Kamanda Rose Olende Rose Kasiala Lukalo-Owino Rose Waruhiu Roselinda Simuyu Rotino Philip Ruto

Page 27 of 38 Last printed 12.10 am on 11 th June 2003 Ruth N. Kibiti Ruto William Samoei Ruto Sammy Kipkemoi S. W. Omondi Oludhe Sabenzia Wekesa Sahara Ahmed Hillow Saina Augustin Kibet Saipstone Ngalaatu Musau Saitoti George Salah Arte Ahmed Salah Maalim Ali Salat Nicholas Kiptoo Korir Saleh Faad Yahya Salim Ibrahim

Prof. Yash Pal Ghai: When I administer the oath I will be grateful if all the Delegates who are not taking the oath will remain silent. We cannot have a lot of conversation going on when the oath is being administered. Thank you. Please say ” I” and then your names

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: Is there anybody to be affirmed? If there be none you will kindly move to my left side. I will now read the next set of Delegates.

Salome Wairimu Muigai

Page 28 of 38 Last printed 12.10 am on 11 th June 2003 Sambu John Kipkorir Samuel Macharia Muchuga Samuel Tororei Sang’ Kipkorir Marisin Sasura Abdi Tari Sego Kimaiyo Keronei Sehmi Rupinder Singh Sengech Michael Kipkemoi Serut John Bomet Shaaban Ali Isaack Shaban Naomi Shakeel Shabbir Shakombo Suleiman Rashid Sheikh Mustafa Ali Shitemi Simeon Sheul Joseph Njalis Simon Gathi Gachomo Gichuru Simon Mwai Gakuya Sing’oei Korir Abraham Sirma Musa Cherutich Sisika Leng’ete Moses Soita Peter Shitanda Sophia Abdi Stanilow Wambua Kasoka Suba Churchill Meshack Sudi David Kiprono Sutter Sugow Adan Ahmed Sulumeti Philip Sungu Erick Gor Susan Wambura Jackson Silvanus Onyambu Ogari

Page 29 of 38 Last printed 12.10 am on 11 th June 2003 Silvester C. M. Wafula Syong’o Zaddock Madiri Titus K. Githiora Tabitha Seii Tarus Stephen Kipkiyeny Teclah Nairesiai Munkushi Tett Betty Thimangu Jim Muketha Thomas Mosabi Merengo Too Nondin Arap Noah Toro Joshua Ngugi Tsalwa Warrens Apollo Tsuma Reuben Tuju Raphael Twaha Fahim Yasin Victoria Mutheu Musyoka Wahu Kahara Waithaka Mwangi Wambora Martin Nyaga

All will be sworn except Simeon Shitemi who will affirm.

Prof. Yash Pal Ghai: We will take the oath first and then take the affirmation. So please say “I” and your names.

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

Page 30 of 38 Last printed 12.10 am on 11 th June 2003 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: Those who have been sworn may move to my left side as we affirm Simeon Shitemi and others who want to be affirmed.

Prof. Yash Pal Ghai: So please say “I” and then your names.

Hon. Delegate Simeon Shitemi: I, Simeon Shitemi being appointed a Delegate to the National Constitutional Conference under the Constitution of Kenya Review Commission Act, do solemnly declare and affirm 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.

P L O Lumumba: I shall now read the last set of Delegates and those who are not in and have since arrived with the Chair’s permission.

Wambua Praxedes Nzisa Wamunyinyi Athanas Misiko Wafula Wamwere Koigi Wandati Abdulrahman Mirimo Wangui D. Kimani Wanjala Raphael Bita Sauti Wanjiku Kabira Wario Ali Waruri John Nyaga Wekesa Noah Mahalang’ang’a Were David Aoko Wesonga George Ojwang’

Page 31 of 38 Last printed 12.10 am on 11 th June 2003 Wetangula Moses Masika Weah Samuel Arthur Wilfred Kiboro Wilfred Koitamet Ole Kina Nchoshoi William Salaon Ole Yiaile Willy Mutunga Winston Ogola Adhiambo Yusuf Mahmoud Aboubakar Yusuf Wako Dogo Zakayo M. Karimi Zeruiya Otwani Zuberi Amina Rajab Zuhura Zukira Wanje Zulfikos Muli Komu Wakahu David

…and the following:

Andronico Oduogo Adede H. W Okoth Ogendo Abubakar Zein Abubakar

Mr. Chairman, that is the final list.

Prof. Yash Pal Ghai: Will you please all stand and raise your right hand and say, “I” and your names.

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

Page 32 of 38 Last printed 12.10 am on 11 th June 2003 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: Mr. Chairman, that is the full list of Delegates. You are kindly requested to go to my left side and then Delegates are requested to assemble before the Chair says the final word during this session. In the intervening period and with his permission the following announcements will be made:

Number one, Commissioners are humbly requested to assemble outside the auditorium for a short meeting.

Number two, we are requesting the Delegates who are housed by the Commission that you will be guided to attend where all the accommodation hiccups will be dealt with. We take this early opportunity to note that there were a little hiccups and those will be cleared this morning and we also wish to announce that you have been supplied with an amended programme and on a daily basis; our proceedings will be based on a daily Order Paper which you will find on your desk everyday.

Ladies and Gentlemen, other issues relating to administration will be made known to you including the collection of badges. The Chairman will speak to tomorrow’s programme. Thank you very much and may God bless you.

An announcement: Delegates representing political parties, you are requested to assemble outside the auditorium after the Chairman has formally closed this session. So for the moment we ask all Delegates to assemble so that the Chairman can formally bring this session to an end. Thank you very much.

Prof. Yash Pal Ghai: I urge you all to be seated shortly before nine, he will speak after entertainment offered by various groups and we expect that the morning ceremony will end at around noon. In the afternoon we expect to discuss the rules of procedure but as the Secretary

Page 33 of 38 Last printed 12.10 am on 11 th June 2003 has said a more detailed programme will be provided tomorrow morning on your desks but it is very important that you are here on time since His Excellency will be speaking and arriving himself at 9.00 o’clock.

Those Delegates who have not received their badges or their documentation will do so shortly, there are ushers outside who will take you to the tent where you will obtain these. So please identify yourselves if you do not have a badge or do not have the documentation. I hope that you will throughout this Conference remember the oath and the affirmation that you have taken today and that all your actions and decisions will be taken in the national interest. I may have occasion to remind you of your oath later on but at this stage I just want to say, please act in the spirit of the oath and the affirmation that we have all taken today.

With that I want to adjourn the meeting until tomorrow 9.00 o’clock. I believe lunch will be served shortly in the usual place, I am sure I will see you around the premises later today but otherwise I look forward to seeing tomorrow morning. Goodbye.

Page 34 of 38 Last printed 12.10 am on 11 th June 2003 AFTERNOON SESSION

Some Delegates could not be with us this morning as they had another meeting. They have now arrived and it is proposed to swear them in as Delegates and therefore for this purpose I am convening the assembly for the sole purpose of swearing in the members who were not sworn in this morning. As we did this morning the Secretary will read the names of the Delegates about to take the oath or affirmation and then I will ask them to stand, raise their right hand and repeat the oath after me.

If there is any member who wishes to affirm other than to make an oath then we can do that after the oath has been sworn in. So I am going to ask the Secretary to read the names of Delegates who are being sworn now and if there is a member in this hall whose name will not be read out but who has not been sworn in, please come and maybe stand up and let us know so that we can add your name and you can also be sworn in at the same time.

So I will ask the Secretary to read the list of names.

P L O Lumumba: The Chair’s permission permit me to read the names and as I read you will stand and when the Chairman is administering the oath you will raise your right hand or left hand and take the oath.

Gideon Ndambuki Mutula Wa Kilonzo Samuel Moroto Chumel David Kiprono Sutter Sudi Hussein Maalim Mohammed Kiema Kilonzo Boniface Mganga Maina Kamanda Henry Kosgey

Page 35 of 38 Last printed 12.10 am on 11 th June 2003 Bonaya Adhi Godana Julius Mungania

Prof. Yash Pal Ghai: Is there anyone here who has not been sworn in yet?

P L O Lumumba:

William Kiplumbei Boit Kipchumba Joseph Lagat Kipkorir M. A. Sang’ Abdul Bahari Ali Lucas Kipkosgei Chepkitony Njoki Susanna Ndung’u Naomi Namsi Shaban Noah N. Arap Too Dalmas Otieno Anyango Amina Ali Abdala Cherotich Sirma Ruth Oniang’o Samoei William Arap Ruto Esther Cherono Keino Riadha Samuel Cornelius Omolo Simeon Lesirma Francis Ewaton Sammy Koech Marsden Herman Madoka Koros David Kiptanui Musikari Kombo Kipyator Nicholas Kiprono Biwott

Page 36 of 38 Last printed 12.10 am on 11 th June 2003 Abdilrahman Ali Hassan Justin Bedan Njoka Muturi M. A. H. Mohammed John Mutinda Mutiso Korir Joseph Kipkapto Abdi Sasura Winfred Nyiva Mwendwa Lesly Betawa Mwachiro John Kipkorir Sambu Dr. Oburu Oginga Nick K. Salat Suba Churchil Meshack Philip Rotino Twaha Fahim Daniel W. Ichang’i

The Chairman will now proceed to administer the oath. Thank you.

Prof. Yash Pal Ghai: It seems that KANU has increased its membership of the National Assembly ( Laughter) Well, do you have the copies of the oath? I will ask you to say “I” and then to say your names and then you repeat what I say from this oath. So please “I” and then your name, your right or left hand raised up please.

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.

Page 37 of 38 Last printed 12.10 am on 11 th June 2003 I will now call this session to an end, we will resume tomorrow morning at 9.00 am sharp so please be punctual since His Excellency--.

The meeting ended at 3.30 pm.

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Page 38 of 38 Last printed 12.10 am on 11 th June 2003