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From Bomas to Leisure Lodge Gains and Losses in Select Thematic Areas of the Proposed

From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution | pg.1 Published by:

Friedrich Ebert Stiftung (FES) P.O. Box 14932 Nairobi, Telefax: 254-020-3748338/9 E-mail: [email protected]

©/FES/ALGAK/KLA/MEDIA COUNCIL OF KENYA/4Cs/YAA/LEAGUE OF KENYA WOMEN VOTERS, 2005

ISBN:9966-957-16-2

Design & Layout Sunburst Communications Tel: +254-020-312328 Email:[email protected]

pg. 2 | From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution Foreword

Living under a new Constitutional dispensation has been the aspiration of many Kenyans for a long time. The Constitution reform process has gained considerable momentum, including widespread popular support, before and during the Constitutional Conference at the Bomas of Kenya. Since then, the way forward has not been clear, or at least, it has been subject to heated debate.

A Constitution reform process is, of course, not an end in itself. It is an opportunity for a society to revisit the key questions, “How do we want to live together?” and “How do we want to be governed?” In this context it must contribute to bring a society, in this case the Kenyan people, closer together and to broaden consensus amongst the citizens. Such results can only be achieved, if lessons from past oppression and injustices are being learnt and translated into a better Constitutional dispensation.

This process is still ongoing in Kenya today. The Publication of the draft Constitutional by the Attorney General has, only re-ignited the debate. As part of our contribution to the process we have prepared this publication. We wish to thank Francis Ang’ila who prepared the manuscript. We are also grateful to the League of Kenya Women Voters, Citizens Coalition for Constitutional Change, Kenya Land Alliance, Media Council of Kenya, Association of Local Authorities of Kenya, Youth Agenda, Koki Muli and Barack Muluka for their input and to my colleague Collins Odote who coordinated the process. It is hoped that this publication will aid Kenyans in determining the merits and demerits of the proposed new Constitution.

Fritz Kopsieker Resident Director, FES

From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution | pg.3 Introduction

The process of reviewing Kenya’s constitution, which began in the early 1990s with debate on whether or not it should be reviewed or overhauled, is projected to soon come to an end. Its result may be known a few days after November 21, which is the date that the Electoral Commission of Kenya (ECK) has set aside for the referendum on the draft of The Proposed New Constitution of Kenya. It is a process that has been as lengthy as it has been acrimonious. Although a legislative framework for reviewing the Constitution was agreed on in November 2000, it was not until December 2001 that work began in earnest – after negotiations to merge the government-appointed Constitution of Kenya Review Commission (CKRC) with the faiths-led People’s Commission of Kenya (PCK).

Between December 2001 and July 2002, the CKRC went round the country collecting and collating the views of Kenyans of all walks of life concerning the issues they wanted addressed in the new constitution. The CKRC produced a report and a Draft Constitution by October 2002. The National Constitutional Conference, which started in November of that year, was scuttled when the President dissolved prior to the 2002 General . It resumed in April 2003 but it was not until March 2004 – one year later – that the delegates adopted a draft constitution. Government “consensus- building” efforts resulted in a revised draft, published by the Attorney-General in August 2005. Barring any changes to the schedule set by the ECK, a referendum is to be held on November 21, 2005 at which Kenyans will vote for or against the Proposed New Constitution.

Unsurprisingly, there has been a lot of debate on the issues raised by The Proposed New Constitution. Since the publication of The Proposed New Constitution, there have been a number of commentaries of varied character, depth and intent. There are those who have formed the opinion that The Proposed New Constitution is a hotchpotch of badly drafted provisions sitting on a poor institutional design, amongst other fatal defects. Then there are those who say that the document is an overall improvement on the existing Constitution, albeit with some defects that can be remedied in future. Others insist that the draft is both illegitimate and a claw-back on reform since the process of developing a draft ended when the delegates of the National Constitutional Conference at Bomas adjourned after adopting a Draft Constitution in March 2004. Another shade of opinion is that that though the document has its shortfalls, voting for it is a sure way of keeping Kenya on a reform trajectory.

pg. 4 | From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution Public Forum on the Proposed New Constitution Friedrich Ebert Stiftung (FES) which has been doing work on various issues that are the subject of the proposed New Constitution, in association with the Citizens’ Coalition for Constitutional Change (4Cs), Youth Agenda (YAA), Association of Authorities of Kenya (ALGAK), the Kenya Land Alliance (KLA), the Media Council of Kenya (MCK) and the League of Kenya Women Voters (LKWV), convened a public forum on The Proposed New Constitution on September 15, 2005. To aid the discussions, FES had commissioned a consultant to compare the current constitution (as amended by 2000) with the Bomas Draft (adopted by The National Constitutional Conference on 15th March 2004) and the Proposed New Constitution (published by the Attorney-General on August 23, 2005). The analysis covered 7 themes that the associating organisations had been working on, that is to say, Representation; Women’s Issues; ; Land and Natural Resources; Media; Powers; and Youth.

The aim of this exercise was to discuss The Proposed New Constitution (the reality) in light of what specific stakeholder groups wanted (the ideal). In this sense, the current constitution was illustrative of the old order, while the Bomas Draft was the product of the National Constitutional Conference and The Proposed New Constitution the final document on which the referendum may be held. Based on the presentations made by the panellists, and the views of the participants, the following summary has been produced as a basis for continuing debate and civic education on the themes that were discussed.

From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution | pg.5 Highlights of the Proposed New Constitution vis-a-vis the Current Constitution and the Bomas Draft

1. Representation of the People Bomas Draft Current Constitution Proposed New What did Stakeholders Constitution Want?

Overall Summary Overall Summary Overall Summary Overall Summary Kenyans would have been Kenyans are represented Kenyans to be represented Stakeholders wanted a more represented by elected by elected representatives by elected representatives representative system of representatives based on a First Past the Post electoral on the basis of a First Past on the basis of various government. They wanted system with special seats the Post electoral system. electoral systems. While fairer representation for for women and other There are 210 elected MPs the system for electing the women, youth and other groups and 12 nominated by president will be First Past sections of society such as political parties on the the Post, the MPs and people with disabilities and strength of the seats won representatives in district workers. However, they also by each will be expected a system that was elected on the basis of a both clear and easy to “mongrel” Mixed Member implement. There is reason Proportional electoral to fear that Parliament will system become an unwieldy burden on taxpayers (estimates put the numbers at between 390 and 600) but may not necessarily be an effective check on the Executive

A decisive majority and critical A simple majority and critical A decisive majority and critical support in the regions required support in the provinces support in the districts to win a presidential required to win a presidential required to win a presidential election election

pg. 6 | From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution Representation of the People contd... Bomas Draft Current Constitution Proposed New What did Stakeholders Constitution Want?

Representation based on a People are represented by Representation based on a People wanted a fairer first past the post electoral MPs and councillors elected “mongrel” mixed member system of representation system with modifications to through a first past the post proportional electoral system provide affirmative action for with special constituencies for women and other groups electoral system women and affirmative action quotas for women and minorities (s. 116). In addition to the speaker and Attorney General, unelected ministers will also be ex-officio MPs

To be elected as president, a To be president, one must To be elected as president, People wanted a president candidate would have been garner at least 25% of the candidate will have to get over who would also enjoy required to get over 50% of the votes cast in at least 5 50% of the votes cast and at cross-regional support in the votes cast and at least 25% of provinces, in addition to having least 25% of the votes cast in country besides winning a the votes cast in more than 1/2 the regions the majority votes more than 1/2 the districts decisive majority

Parliament would have been Parliament is unicameral Parliament will be unicameral People wanted a more bicameral (2 chambers) representative parliament

Independent candidates would All candidates for elections Independent candidates will People wanted the have been allowed must be nominated by a be allowed undemocratic tendencies of political party political parties checked and independent candidates allowed to run

Right to vote would have been Right to vote not constitutionally Right to vote will be recognised People wanted the protection recognised and protected recognised and protected and protected of the right to vote

From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution | pg.7 Representation of the People contd... Bomas Draft Current Constitution Proposed New What did Stakeholders Constitution Want?

Transparent ballot boxes would Transparent ballot boxes Transparent ballot boxes will People wanted transparent have been mandatory not mandatory be mandatory ballot boxes and a free and fair election process

The number of MPs would have The number of MPs is set at The number of MPs will vary People wanted a reasonable varied from election to election 222 and 2 ex officio from election to election number of MPs

Election supervised by Elections supervised by an Election supervised by People wanted the election independent Electoral and “independent” Electoral independent Election and to be supervised by an Boundaries Commission Commission appointed by the Boundaries Commission independent and (3-10 people) President (3-9 people) impartial body

No ex officio members The Attorney-General and The Attorney-General, Speaker People wanted a although there is a Speaker in Speaker are ex officio MPs and Ministers appointed under representative Parliament addition to the other members s. 168(5) are ex officio MPs

2. Land and Natural Resources Bomas Draft Current Constitution Leisure Lodge What did Stakeholders Want?

Overall Summary Overall Summary Overall Summary Overall Summary Protection of property Property rights, including those Protection of property The provisions on land and rights would have been related to land, protected but rights will be more holistic other natural resources more holistic to include the not adequately. The President to include the rights of were supposed to outline rights of spouses has special powers under spouses the main issues that ordinary legislation to make must be addressed if land grants to individuals of reform is to achieve its aims government land

pg. 8 | From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution Land and Natural Resources contd... Bomas Draft Current Constitution Leisure Lodge What did Stakeholders Want?

Environmental No recognition of Environmental These include: management gained environmental rights management gained • redress the injustices of significance and land use (EMCA contains right to a significance and land use to colonial and independent was to be regulated clean and healthy be regulated regimes-based land environment) and no dispossession; requirements on regulation • deal with the inequitable of land use distribution of land ownership; • the need for security of tenure for all; • the need for sustainable use of land; • the need for equitable access to land and associated resources for development and poverty reduction; • the need to administer and manage public land in an efficient and effective manner; and • the need to guarantee existing property rights; while simultaneously placing the under constitutional duty to provide redress to unlawfully acquired property

There would have been The Constitution only There will be expanded People wanted recognition expanded recognition of land recognises Trust Land in regard recognition of land as a of land as an important as a national resource to which the president has national resource natural resource (ss. 58, Chapter 7) wide powers to alienate. This (s. 38, Chapter 7)

From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution | pg.9 Land and Natural Resources contd... Bomas Draft Current Constitution Leisure Lodge What did Stakeholders Want?

power has been abused in the past to hand out large parcels of land as a gift for political support while many Kenyans go without land as a basic means of production and livelihood

Requirement for a national Requirement for a national Requirement for a national People wanted a national land policy land policy land policy policy on the use of land as a national resource

Land belongs to Kenya as a It is not clear who land belongs Land belongs to Kenya as a People wanted a stop to the nation and is designate as to and designations in ordinary nation and is designate as theft of land and recognition public, community or private are equally unclear. public, community or private of land as a common heritage Indeed, the Government Lands for all Kenyans Act give the president special powers to make grants or dispositions of any estate, interests or rights in or over unalienated government land

Property rights of spouses were Property rights of spouses not Property rights of spouses will People wanted fairer land to be protected protected and could actually be be protected ownership whittled down by recognition of customary

Land use was to be regulated Land use unregulated Land use to be regulated People wanted land use to be regulated

pg. 10 | From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution Land and Natural Resources contd... Bomas Draft Current Constitution Leisure Lodge What did Stakeholders Want?

Non-citizens to only hold land Non-citizens can hold any Non-citizens to only hold land People wanted justifiable on leasehold for not more than interest in land of any term on leasehold for not more than limitations placed on the land 99 years 99 years rights of foreigners

National Land Commission was No National Land Commission National Land Commission People wanted a National established established Land Commission

National Environment National Environment Council, National Environment People wanted constitutional Commission was established NEMA, etc. established under Commission established protection of the environment ordinary law with a number of and natural resources other agencies

There was to be expanded The constitution does not There will be expanded People wanted constitutional protection of natural resources accord protection to the protection of natural protection of the environment (Chapter 8) environment and natural resources (Chapter 8) and natural resources resources

3. Women Bomas Draft Current Constitution Proposed New What did Stakeholders Constitution Want?

Overall Summary Overall Summary Overall Summary Overall Summary The Bill of Rights The legal status of women, The Bill of Rights People wanted women and emphasised the rights of despite non-discrimination emphasises the right to other diversities to enjoy women and minorities. requirements, remains equal treatment. Besides equal legal status. They Additionally, it also inferior to that of men protection for women’s also wanted fairer provided protection for property rights, it seeks to representation in their property rights and enhance their participation leadership and decision-

From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution | pg.11 Women contd... Bomas Draft Current Constitution Leisure Lodge What did Stakeholders Want? sought to ensure their Gender equality was only in leadership and decision- making for women and enhanced representation recognised with respect to making. However, it is less other diversities in leadership and nominated MPs than what the Bomas Draft decision-making had offered

Bill of Rights emphasises the Bill of Rights does not accord Bill of rights emphasizes right People wanted a Bill of Rights rights of women and emphasis to the rights of women. to equal treatment and the that would address historical minorities (Chapter 6) Provisions on citizenship need for special measures to discrimination adequately. discriminate against women (ss. redress imbalances (s. 38) Male and female citizenship 89&90). While a man can confer rights were supposed to citizenship on a child born of a be equal foreign woman, a woman cannot confer citizenship on a child conceived with a foreign man

Prohibition of any law Legal status of women negated by Prohibition of any law People wanted a constitution (including customary law) exceptions relating to recognition (including customary law) that would protect women that treats men and of customary law in respect to that treats men and against discriminatory laws women differently personal lawmatters (s. 82) women differently

Property rights of women Property rights of women People wanted more accorded recognition and accorded special protection protection for women’s protection (s. 77) (s. 38) property rights

At least 1/3 of the affirmative 12 nominated MPs to be chosen Special seats for women and at People wanted fairer action seats reserved for with due regard to gender least 1/3 of the party list seats representation for women and women. Representation in the equality (s. 33) reserved for women other diversities in leadership senate to include at least two and decision-making women from each region

pg. 12 | From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution Women contd... Bomas Draft Current Constitution Leisure Lodge What did Stakeholders Want?

Gender balance to be a No party funding and no Gender equality and equity People wanted political parties criterion for political links to gender balance required in principle but no constrained to treat women and party funding relationship to party funding other diversities more fairly

Guaranteed seats on No guaranteed seats on No guaranteed seats on People wanted greater constitutional commissions constitutional commissions or constitutional commissions participation of women other public bodies or other public bodies and other diversities in decision-making

More ample provisions for Provisions for the Kadhis courts Provisions for Kadhis and People wanted Kadhis courts the Kadhi’s courts other religious courts to enjoy some recognition and to provide for the unique needs of the Muslim community and Islam as a way of life

Senate had reserved seats for No senate No senate People wanted fairer women and other diversities representation of women and other diversities

4. Media Bomas Draft Current Constitution Proposed New What did Stakeholders Constitution Want?

Overall Summary Overall Summary Overall Summary Overall Summary There were to be Freedom of expression There will be guarantees Media stakeholders had guarantees for freedom of recognised but with many for freedom of the media, wanted independence of the media, freedom of limitations. The right of freedom of expression and the media, provisions to be expression and access to access to public information access to information. made for an independent

From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution | pg.13 Media contd... Bomas Draft Current Constitution Leisure Lodge What did Stakeholders Want? information. Media is not protected. No media Media freedom will benefit media regulator and the freedom was to benefit rights as such is not from the reduction of existing provision on access from the reduction of protected. No media rights limitations on rights to information made clear limitations on rights as such generally generally

Freedom of the media provided Freedom of expression Freedom of the media provided People wanted the media to be for in addition to freedom of recognised but limited by broad for in addition to freedom of protected from unnecessary expression (s. 50) exceptions based on defence, expression (s. 50) interference by the state public safety, public order, public morality or public health

Access to information also Constitutional protections of Access to information also People wanted greater access guaranteed (s. 51) freedom of the press allow the guaranteed (s. 51) to information in the hands of existence of laws that restrict the state and a shift from the access to information and claw current culture of secrecy in back at that freedom, such as which corruption and other ills the Official Secrets Act and the find a safe haven twice withdrawn Media Bills

Limitation of rights limited to Sweeping limitations of rights Limitation of rights limited to People wanted greater circumstances justifiable in a circumstances justifiable in a protection of their rights and democratic state and where it democratic state and where it a shift from the current “Bill is expressly stated as such and is expressly stated as such and of Exceptions” not by necessary construction not by necessary construction

pg. 14 | From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution 5. Devolution Bomas Draft Current Constitution Leisure Lodge What did Stakeholders Want?

Overall Summary Overall Summary Overall Summary Overall Summary There was to be devolved The current constitution There will be devolved People wanted power to be government with 3 levels establishes a . government with one level devolved from the centre in a of devolution. The Senate Local governments are of devolution. There is no more genuine way than the was the link between the established under statute Senate, but a National current system of local devolved governments and the provincial Forum for District government and the provincial and the national administration coordinates Governments whose utility administration. They wanted a government in national implementation of is questionable greater re-assurance that the law and policy-making government programmes national cake would be shared at provincial, district and equitably and that they would lower levels – right up to have a certain amount of the village control on the use of their own resources

Extensive provision for a Current constitution establishes a Extensive provision for a People wanted genuine devolved government unitary state. The only mention of devolved government devolution of power (Chapter 14) local governments is in the (Chapter 14) sections relating to trust lands

3 levels of devolution Local governments established 1 level of devolution (districts) People wanted genuine (regions, districts, locations) under an Act of Parliament but devolution of power through the relationship is pretty much economically viable and more that of a horse and rider representative units

Establishment of the Senate as Provincial administration not No Senate and National Forum The Senate was expected to be a link to regional governments provided for in the constitution for District Governments is of the link between the central but is an ever-present questionable utility government and the devolved phenomenon at the local level, governments as well as the with a history of repression and protector of devolution other ills

From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution | pg.15 Devolution contd... Bomas Draft Current Constitution Leisure Lodge What did Stakeholders Want?

National government would No such provisions Government can suspend People wanted genuine not have been able to suspend district government for reasons devolution of power the district or other regional stated in the proposed New government Constitution

6. Executive Powers Bomas Draft Current Constitution Leisure Lodge What did Stakeholders Want?

Overall Summary Overall Summary Overall Summary Overall Summary There was to be power The President is both the The president is both the Kenyans wanted a new sharing between the and Head of State and constitution because: President (Head of State) Government. All public Government (no power • too much power was and the Prime servants serve at the sharing), with the Prime vested in the presidency; (). pleasure of the president. Minister being merely the • the presidency was all over Executive authority was to The president is the focus of , a first and the concentration of be vested in the President all power: a presidential amongst equals. Executive power in the presidency and other people, including system but with a truly authority is vested in the affected development in areas that did not support the Prime Minister. Key imperial president president only. Key the president politically; appointments would have appointments will require and required parliamentary parliamentary approval. A • there was impunity, approval. A mixed system with torture, harassment etc as some checks and balances. a result of which the Rule Harder to impeach the of Law was not observed president They wanted a process that would reconstruct the state, and a product that would:

pg. 16 | From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution Executive Powers contd... Bomas Draft Current Constitution Leisure Lodge What did Stakeholders Want? • recognize of the people; • foster national cohesion; • make provision for clear and unambiguous; • have checks and balances that are secure; • devolve power vertically and horizontally; • secure social justice and enhances participation of the Kenyan people; and • guarantee affirmative action

Executive authority was to be Executive authority vests in the Executive authority vested in People wanted the excessive vested in the President, the President and may be exercised the President powers of the president Deputy President, the Prime by persons surbodinate to him dispersed to other institutions Minister, and Ministers, all of without necessarily weakening whom, in the performance of the presidency to the point of their respective functions, are ineffectiveness required to “work in harmony for the good of Kenya and the progress of the people of Kenya”.

President was to be Head of President both the Head of President is the Head of State, People wanted the excessive State with delineated powers State and Government Head of Government, powers of the president (Commander in Chief of the Commander in Chief of the dispersed to other institutions

From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution | pg.17 Executive Powers contd... Bomas Draft Current Constitution Leisure Lodge What did Stakeholders Want?

Armed Forces, prerogative Kenya Defence Forces, and a without necessarily weakening of mercy, etc) host of other responsibilities the presidency to the point of as well ineffectiveness

Deputy President with Vice-President has no Deputy President with People wanted the president’s defined roles defined roles, besides being defined roles principal assistant to have principal assistant more defined roles and enjoy certain protection in office

President and Deputy President can hold office in a President and Deputy President People did not want the President barred from holding political party barred from holding office in a president to dabble in office in a political party political party partisan

President can be impeached on The president cannot be President can be impeached on People wanted to be able to the motion of 2/3 of the impeached. Parliament can the motion of over 50% of the discipline the president for . If an pass a vote of no confidence by National Assembly, but the vote grave breaches of the law and motion a majority of all the members on the impeachment has to be to reduce the tendency for the succeeds, only the President but the president does not over 75% of Parliament. If an president to act as if he or she leaves office have to leave office and can impeachment motion succeeds, was above the law dissolve parliament instead only the President leaves office

Prime Minister is Head of Executive consists of the Prime Minister is merely a Chief People wanted the excessive Government with defined President, Vice-President, Minister, a first amongst equals powers of the president powers Ministers, and Assistant dispersed to other institutions Ministers. No Prime Minister without necessarily weakening the presidency to the point of ineffectiveness

pg. 18 | From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution Executive Powers contd... Bomas Draft Current Constitution Leisure Lodge What did Stakeholders Want?

Prime Minister assisted by No prime minister Prime Minister assisted by People wanted the excessive 2 Deputy Prime Ministers 2 Deputy Prime Ministers powers of the president and Ministers appointed and Ministers appointed by dispersed to other institutions by him/her the President without necessarily weakening the presidency to the point of ineffectiveness

President cannot dismiss Prime No prime minister President can hire and fire People wanted the excessive Minister at will Prime Minister at will powers of the president dispersed to other institutions without necessarily weakening the presidency to the point of ineffectiveness 7. Youth Bomas Draft Current Constitution Leisure Lodge What did Stakeholders Want?

Overall Summary Overall Summary Overall Summary Overall Summary Recognised the special Generally not youth-friendly. Recognises the special Young people expected a status of youth, provided Does not define youth or deal status of youth, provides fairer system of for equal treatment and with youth concerns in a for equal treatment and representation and suitable endeavoured to ensure specific way. Places age barriers endeavours to ensure their recognition of their numbers their participation in to access to youth leadership participation in national as well as contribution to the national affairs at the presidential level affairs development of the country

Special recognition of youth There are no special provisions to Special recognition of youth People wanted recognition of concerns and rights (ss. 30, 39) recognise the status and role of concerns and rights (s. 40) the role of young people in the youth national affairs

From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution | pg.19 7. Youth Bomas Draft Current Constitution Leisure Lodge What did Stakeholders Want?

Protection of participation No protection of participation Protection of participation Young people wanted to be rights, through affirmative rights. Voting age is 18 at rights, through affirmative assured of a certain level of action, especially in elections minimum. Presidential action, especially in elections representation due to historical and representation Candidature minimum is 35 and representation discrimination and other (ss. 101, 102, 219) years; Parliamentary is 21 and (ss. 101, 116) negative factors civic is 18.

Specifically protected even at No special recognition at Although not specifically Young people expected fairer the district level (s. 102) local level provided for, could be part of treatment at all levels of the special interests to whom government affirmative action applies

Conclusion The above comparison has been done to enable all Kenyans to have a more informed understanding of the differences and similarities amongst the different “Constitutional” documents in the run up to the referendum. Hopefully, it will assist people to make a more informed choice.

pg. 20 | From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution From Bomas to Leisure Lodge: Gains and Losses in Select Thematic Areas of the Proposed Constitution | pg.21