FREE KENYA POPULAR INITIATIVE

WHERE WE STAND

FREEKENYA (FLAGGED) SUGGESTED PROPOSALS FOR DISCUSSION

(These are just suggestions just like any other suggestions Kenyans will propose and can be completely dropped, redrafted and added upon. They however show Kenyans examples of how the second question is to be achieved).

  • (70% FOR WANANCHI AND DEVELOPMENT:30% RECURRENT AND OPERATIONAL EXPENSES

The Commissions – such as Constitutional Commissions, Commission created in Parliament, Independent Offices, Parastatals, SAGA (Semi-Autonomous Government Authorities), On how best to amalgamate them, financially ring fence them from State Capture, free them appointment-wise, and Devolve them.  

Provincial Administration, CASs, - Abolishing them and if there is any role they play where such roles will be transferred or have been transferred.

Political Parties – Proposal on restructure of their management to bring in ideology, policy driven interactions, financing their operations and making them non-personality driven and non-tribal in nature.

DEFINITION – A political party is an organized, registered entity mobilized around an ideology and ideals shared by its membership about the way governance in Kenya shall proceed and seek to secure power to drive development and political organization through those ideals.  

REGULATION

  • There shall be a registrar of political parties who is the head of the office of political parties and other political institutions (Think Tanks). The office of political parties will be in charge of 1% of the annual ordinary budget. The registrar is expected to carry out 47 Political Parties recruitment and familiarization public forums (1 in each county within the year) to urge Kenyans to register and run political parties professionally.
  • The registrar will establish 47 political parties’ complexes in each county where he/she will facilitate each fully registered political party with an office, two assistants (Finance and Programmes).
  • Each party must state its ideology, the pillars supporting that ideology, and policies that the party stands for and this ideology and the pillar must be part of all it platforms of communication.

FORMATION

  • A person interested in formation of a party must submit it proposed ideology – Which shall be received and submitted to a standing independent local and international political expert’s consultancy committee to assess and compare with existing ideologies. It will only be rejected if the ideology is considered same to those already taken and the applicant advised to reconsider or join those parties (They will be listed) and the reason why they are similar will also be stated.
  • The same will be done for a person wishing to be elected as an independent – Being independent is having an ideology outside the ones that have been registered or are in the process of registration.
  • Once the ideology is agreed, the person will receive invites to speak and participate at the 47 Counties Forums/symposiums/galas with the view to recruit members. If the person manages to recruit 100 members from any county, the party is considered pre-registered and remain pre-registered until either membership drops to below 100 or the party reaches 1000 milestone per county.
  • Once a party has more than 1,000 members per county it will be registered provisionally and can present candidates in that county. A party with more than 1,000 members will remain provisionally registered until it either drop to less than 1,000 members in one any county or get fully registered.  
  • A party is fully registered if it has over 1,000 members in 15 counties of the republic and more than another 10,000 members outside the 1,000 members in the 15 counties or it has over 1,000 members in 24 counties. If a party loses membership below this level it will fall back to provisional registration and back to pre-registration level and back to non-existence level if it has less than 100 members.

USE OF POLITICAL PARTIES FUND

  • 50% of the money is used to run the offices, media, promotion of political parties in forums.
  • 10% is available to parties as per their fidelity to their ideology, electoral justice and how their elected members are active in the both legislatures.   
  • 10% is available to promotion and growth of political parties with over 100 members in the following manner 1) 75% for parties that are provisionally registered shared based on level of their development and 25% is available to parties that are pre-registered.  
  • Half of the remaining 30% is shared equally among all registered parties to be used in political education, recruitment and ideology advancement both locally and internationally
  • The other half is shared as per strength in 1) National Assembly 40% and 2) County Assemblies 60%

Electoral Process

FREE & FAIR ELECTIONS - FreeKenya Proposes that the elections should be Multiple Tallied with 5 tallies and IEBC declaration must include a report of the 5 tallies to generate transparency and that each polling centre must be independent and an electoral board of 5 appointed by the other commissions excluding (IEBC) & Peoples Governments. IEBC must facilitate the tallies to be made and accredit 5 sectors from among stakeholders to make the tallies.

  • ENSURING THE NATIONAL VALUES WORK

THE NATIONAL VALUES, GOVERNANCE RIGHTS AND EQUALITY COMMISSION.  It would pursue the implementation of all reports such as of Commissions of Inquiries that have spent public funds to be put together including the TJRC and the Ndungu Land Report etc., and develop a range of reparations (especially non-monetary) including public apologies, affirmative actions, health costs, state appointments, scholarships and other such creative ways to have victims of past violations recognized. It would also work to develop the list of heroes/heroines awards and sanctions based on the national values and principles of governance. And in the fight against corruption it will carry prosecutorial powers.

THE NATIONAL TITHE – Discussions on how to create a process where each citizen can get patriotic points by participation in public participation, community service, & philanthropy.

  • ENHANCED DEVOLUTION

No doubt devolution is the transformative cell of the 2010 constitution. It must be ring fenced, added upon. Having transferred resources to other organs like the people’s government etc. it would be prudent to up the resources to counties

55% National Government

35% For County Government

10% People's Government

10% of the National Government Allocation to go to Commissions - Creation of a Mother Commission of All commissions that receives and shares out 10% of the national budget allocation and all commissions will be devolved. 

  • JUDICIARY REFORMS

Create a jury system so that the people will be involved in the judicial processes and it will help them understand and appreciate the legal procedures.

TO TACKLE OVER-REPRESENTATION AND POOR REPRESENTATION

  • NATIONAL LEGISLATURE – Members will be elected from the counties and will be Member of Parliament serving the entire republic of Kenya, with no constituency responsibilities.

One Bi-Functional Congress

When the members sit as the SENATE, it is Superior, Sit's twice a Month and the voting is as per county. The Senate Speaker is the President of Senate and appoints Speaker of the National Assembly (Deputy President of Legislature) with approval of Members and Speakers of county Assemblies with approval from the County Assemblies. When the Congress sits as the National Assembly Voting is by individuals.

NO voting in legislatures will be by acclamation or secret ballot (having taken the responsibility to represent the people that elected you, hiding your voting in parliament is representing yourself, not them)

Members will be elected from the 47 counties, with three Members in each county to represent - Minorities (Community, Profession, Intersex, Elderly etc.), PWDs and Youth; Each county retains the number that is propositionately nearest to its share in the 290. No county will have less than 5 members elected to accommodate the tri-marginalized representation. Ministers will be Ex-Officio members of the National Congress.

  • Number elected – 36 Counties will elect 5 MPs being - Mombasa, Kwale, Kilifi, Tana River, Lamu, Taita-Taveta, Garissa, Wajir, Mandera, Marsabit, Isiolo, Tharaka Nithi, Embu, Makueni, Nyandarua, Nyeri, Kirinyanga, Muranga, Turkana, West Pokot, Samburu, Trans Nzoia, Uasin Gishu, Elgeyo Marakwet, Nandi, Baringo, Laikipia, Narok, Kajiado, Kericho, Bomet, Vihiga, Busia, Siaya, Kisumu & Nyamira.  (= 180 MPs)
  • 7 Counties will elect 7 MPs being – Meru, Kitui, Machakos, Bungoma Homa Bay, Migori, & Kisii (=49 MPs)
  • 2 Counties will elect 11 being Kiambu and Kakamega. (= 22MPs)
  • One County will elect 9 being Nakuru. (=9MPs)
  • One County, Nairobi, will elect 15 MPs.  (=15MPs)

TOTAL NUMBER OF MEMBERS ELECTED FROM THE COUNTIES = 275 MPs

  • The Continents of the world (Diaspora) will be represented by 14 Members (2 from each of the continents being Male and Female). These representatives must have been residing in the said continent for over 3 years and must be based in Kenya during their term in office. The IEBC should come up with modalities to have these representatives elected from the Kenyans resident in these continents.
  • 22 Ministers appointed by the President will be ex-officio members of the house.
  • The person who came second and his/her running mate

TOTAL NUMBER OF MPs IN THE HOUSE = 313 Members

The opposition leader and his deputy will also be ex-officio members of the house and will be responsible of appointing the all chairpersons and 50+1% of all the committee members in the house as well as oversee their discharge of the committee functions.   

Representation (Ubunge Mashinani Visits) – All MPs will be assigned to groups of 3-5 by the speaker and each group selects a town hall to visit. They will meet the people, develop a report of the discussions to be tabled on parliament

Representation involves tabling of all reports, Discussions of Bills, Motions & Questions and (other developments such as oversight initiatives) emanating from the Reports from the Ubunge Mashinani field visits.

Each MP to submit report on their task completion in terms of participation in 1) Representation – Their Ubunge Mashinani visits and what they have developed through parliament from the reports 2) Legislation – their contributions (Joint sponsorship of bills) in legislation either to make new laws or even improve existing laws 3) Oversight – How they have ensured the laws, policies, regulations and rules have been complied with. 

COUNTY ASSEMBLY REPRESENTATION

Representation (County Assembly Mashinani Visits) – All MCAs will be assigned to groups of 3-5 by the speaker and each group selects a town hall to visit. They will meet the people, develop a report of the discussions to be tabled in C. Assembly.

Each MCA can be made submit report on their task completion in terms of participation in 1) Representation – Their County Assembly Mashinani visits and what they have developed through County Assembly from the reports 2) Legislation – their contributions (Joint sponsorship of bills) in legislation either to make new County laws or even improve existing County laws 3) Oversight – How they have ensured the laws, policies, regulations and rules in the County have been complied with. 

5 People will be elected from each of the 290 Constituencies being 1-Male, 1-Female 1-Youth, 1 PWD and 1 Minority as MCAs, and will go to their respective County Assemblies. That’s 1450 MCAs but with wide range representation from all section in the society.  

  • FORMATION A COMMISSION ON ASSET TRACKING, PROCUREMENT AND DISPOSAL
  • ON CORRUPTION - If it is adopted that we foster national values, if there is restructure in the budget system, a commission in charge on procurement & Asset tracking, commissions secure financial freedom and changes in electoral laws & political parties management, already corruption will be getting a body blow but since it is a matter to be tackled in multi-pronged approach, We can have cases of corruption starting with the judge having a first sitting with the parties on camera to assess the quality of the evidence available and officially putting the accused in their defense formally. The case should be concluded within a year and the accused will lose some privileges including traveling and presiding of official duties and will be given percentage of their earnings. If the case involves KES 100Million or more, it is an economic crime against humanity carrying an automatic live imprisonment.      

WHAT ABOUT A POWERFUL OPPOSITION LEADER (with an office and working in parliament together with his ticket mate (Their pay package is equal to MPs but they are ex-officio), to direct the opposition MPs from parliament and can even appoint a shadow cabinet outside parliament who shall receive volunteer allowances as per SRC structures? They will have a shadow cabinet whose package will be 60% of the Ministers

PLEASE DOWNLOAD THE FREEKENYA PROFILE ON THE DOWNLOADS PAGE FOR MORE INFORMATION

CONCLUSION   

The FreeKenya platform offers a viable, constitutional and hope filling means to infuse the people feeling helpless and hopeless, with channel to recover back their State and offer the globe – where many instances of recovery of the State by the people may end in the chaos and ultimately military usurpation, a new model of constitutional recovery.