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CONSTITUTIONAL, LEGAL AND
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REPUBLIC OF KENYA
TOWAR.DS CONSTITUTIONAL REFORMS
FOREWORD
Kenya is a sovereign Republic wirh a republican constiturion and various institutions. The
cardinal and principal institutions of the Republic include the Executive, the Legislature
:nd the Judiciary. The rest of the institutions of rhe Republic revolve around rhe
. . .:cnstitutional troika, i.e. Govemmenr, Parliament and ludiciary.
2 lhe various funcdons and powers of the principal insdrurions of the Republic of Kenya
ere prescribed by and under the Constitution of the Republic. Thus, the funcdons and
sowers of the Executive are prescribed by and under Chaprer II (Secdons 4-29) of the
Constitution. The functions and powers of rhe Legislarure or the Parliamenr of the
R.epublic are prescribed by and under Chapter III (Secdons 30-59) of the Consrirution.
ihe functions and powers of the ludiciary are prescribed by and under Chapter IV
Sections 60-69) of rhe Constitution.
3 The Constitution of che Republic of Kenya also has a Bill of Rights consisring of che
iundamenul Righa and Freedoms of the lndividual as enshrined in Chapter V (Secdons
70-86) of the Consdrution. The Fundamenal Righu and Freedoms of the lndividual
enshrined in the Consiirution include:
a
.:) Life, Iibeny, securiry of rhe person and che prorection of the law.
b) Freedom of conscience, of expression and of assembly and associarion.
c) Protection for the privacy of his home and other propeny and from deprivacion
of properry wirhout compensation.
4 ihe protection of the Fundamenul Rights and Freedoms of the lndividual is subject co
iimitations designed to ensure that the enjoyment of those righrs and freedoms by any
individual does not prejudice the rights and freedoms of others or the public inrerest.
These limiutions consciute che derogations from the Fundamental Righu and Freedoms
in order to esnblish a balance between the inreresr of the individual and the general
public.
5 The principal institutions of the Republic are based on the democratic Doctrine of
Separation of Powers with check and balances berween rhe Executive, the Legislarurg and
fte ]udiciary. These check and balances are designed ro ensure mutuat autonomy and
harmony in the functions, operadons and powers of rhe three principal instirutions of the
Republic of Kenya. This autonomy and harmony is essential and imperative for the
constitutional and democradc governance of rhe Republic.
6 The functions, operadons and powers of the Executive, rhe Legislature and the ]udiciary
are based on the consdrutional interactions and reladonships of the three institutions. ln
so far as the protection of the Fundamental Righu and Freedoms of the Individual is
concemed, the Execudve, the Legislaure and the ]udiciary have a mutual accountabitiry
and responsibiliry to the people of Kenya.
Y
7 The legisladve functions and powers of the Republic of Kenya have been and are vested
in the Parliament of Kenya, which consisrs of the President and the Nationat Assembly as
provided by and under Secdon 30 of the Constitution of Kenya. The legislative functions
and powers of Parliament are exercisable by Bills passed by the National Assembly and
assented to by the President as provided by and under Sections 46 of the Consdtution.
I The legislative functions and powers of the Parliamenr of Kenya embrace the akeration
of tlre Constitution as stipulated by and under Section 47 of the Consriturion. The
legisladve function and power of the Republic of Kenya is a constitutionat prerogarive of
the Pai'liament of Kenya. The legislative function and power of the Republic cjnnot be
arrogated or ceded to any other authority without commiming a serious breach of the
letter and spiriq ,of the Constitution of the Republic. Indeed, any such breach of the
Consdution would constitute a smte of unmirigared anarchy, chaos and even violent
revolution.
9 The Constitution of the Republic of Kenya has served rhe country for rhe last thirry four
years. There is need for a fundamenul reform of the Constirution in order to reflect the
current realides and meet future challenges of democratic, polirical and social
rransformation of our t lotherland. These reforms are necessary and are supponed by all
Kenyans. The necessiry of the reforms is also recognised by both sides of the political
divide.
l0 What is probably lacking in the current reform process is a national vision and will on the
parc of the stakeholder regarding the modalities or modus operandiand the time-frame
of the reform process. There are also elemeng of dangerous brinkmanship and mutual
suspicion. These factors have bedeviled the reform process and resulred in ugly
confronntions and loss of life and 1rroperty. This situarion is driving the councry ro a
political precipice of calamiry and caustrophe. The cacastrophe musr be averred ar all
cosLs. The country musr be saved from a political holocaust.
II Whereas constitutional reform is a right of all Kenyans as individuals, civil sociery groups/
religious organisations and polidcal panies, the legislarive mandate and responsibiliry for
cher reforms is the preserue of the Parliament of Kenya as by law established. The
composition of the Parliament is prescribed by and under Secrion 3l of the Constirurion.
12. The current Seventh Parliament of Kenya was duly elecred by Kenyans in the 1992
- General Election as stipulated by and under Section 32 wirh nominated and ex-officio
nrembers as stipulated by and under Sections 33,36 and 37 of the Consdtution. The
constitutional legitimacy of the current Parliament is nor in doubt or questionable ar all.
The Parliament has the constitutional legitimacy, mandate and responsibiliry ro deal wirh
and guide the reform process in accordance with the Constitution in rhe best interesr of
all Kenyans. To suggest othenruise would be a sure prescription of a recipe for
constitutional chaos and violence.
Hon. George M. Anyona, MP
KITUTU BA (KSC)
Parliament Buildings
NAIROBI
August 27, 1997
I
THE INTER.PARTIES PARLIAMENTARY GROUP (IPPG)
FIRST PLENARY
COTJNTY HAtt . 8TH AI J(:I JqT 1997
1 The first meeting of the lnter-Parties Parliamentary Group (IPPC) took place at
the Country Hall Precinct of Parliament on Thursday, 28'h August 1997 with a
prayer from Hon. Bishop Kimani MP, Nakuru North (FA).
') The Members who attended the lnter-Parties Parliamentary Group meeting in
their individual capacities were drawn from Kanu, Ford-Kenya, Ford-Asili,
Democratic Party and Kenya Social Congress.
3 The IPPC meeting was open to all Members of Parliament. The number of
Members who attended the meeting and those who had signed vtillingness to
attend but did not do so for various reasons was 110. Specific apology rvas
tendered on behalf of the Chairman and some members of Ford-Kenya as well
as the Chairman and some members of DP who were attending a party meeting
at the same time. The meeting was also open to the Press and observers.
-t The tPPG meeting was facilitated and guided by Hon. filo f . Falana MP (Kanu),
Hon. Achieng Oneko MP (Ford-Kenya) and Hon. George M. Anyona MP (KSC).
The meeting took place in a very rare atmosphere of comraderie, candour,
civitity, cordiality and courtesy. The meeting was opened with words of
experience and wisdom by Hon. Achieng Oneko (Ford-K) and was addressed by
Hoq. Falanl (Kanu), Busolo (FK), Mutiso (Kanu), Wamae (DP), Shikuku (FA),
Khalif lKanu), Ouma (FK), Ndetei (Kanu), Karua (DP), Ntimama (Kanu), Osogo
(Kanu), Mungai (FA), Nthenge (FA), Kariuki (Kanu), Sifuna (FA), Bishop Kimani
(FA) and Anyona (KSC).
J The issues broached during the IPPC meeting included: the political crisis facing
the economic and country, the search for peace and unity, the need for
dialogue and trust, the spectre of violence, the recent events in Mombasa, the
constitutional and legal reform process, the role of Parliament and Civil Society
in the reform process and the forthcoming Ceneral Election.
6 The meeting unanimously adopted a worl<ing document presented by Hon.
Ceorge M. Anyona MP (KSC).' The title 6f the document was: Towards
Constitutional Reform. The document was made available to the Press and the
general public to underscore the transparency of the lnter-Parties Parliamentary
Group meeting. The working document will form the basis of the deliberations
of the Co-ordinating Working Committee of the IPPG.
The lnter-Parties Parliamentary Croup meeting resolved to appoint an !nter-
Parties Parliamentary Committee of thirteen Meinbers to co-ordinate the IPPC
activities and meetings.
T
The Committee was mandated to draw up the agenda for the next lppG
meeting. The Cordinating Working Cornmittee would consist of 5 Kanu, 2 FK,
2 FA, 2 DP, 1 Ksc and 1 NDP Menbers of Parliament to be chosen by the
respective parties and forwarded in due course.
8 The Co-ordinating Working Committee would hold its first meeting on Monday
1" September at 10.00 a.m. to prepare the agenda and programme for the next
IPPG meeting scheduled for 2nd september, 1997. The venue of the lppc
meeting will be arranged by the Committee.
9 The IPPC meeting unanimously adopted and passed the following resoulutions
proposed by Hon. Saulo Busolo:
(a) We, Parliamentarians meeting on 28th August, 1997 at County Hatt,
Nairobi, to review the current political debates arot'nd the laws of this
country, do hereby resolve to adopt the Working Document presented
by Hon. George M. Anyond, \tP to be presented to the Committee
appointed at this meeting to be :omposed as follows:
Ford-K 2
Ford-A 2
DP 2
Kanu 5
KSC -I
NDP 1
(b) This committee will revierry the agenda from issues discussed at this
meeting to be presented to the next meeting.
10 The IPPG meeting closed with a pra\er from Hon. Bishop Njeru,,\twea (Dp)
and rllembers lert in a spontaneous mood of geniality, optimism and
reconciliation.
Hon. George M.Anyona, ,MP
KITUTU MASABA (KSC)
Parliament Buildings
Nairobi.
l" September, "1997
I
a
THE INTER.PARTIES PARTIAMENTARY CROUP (IPPG)
CO.ORDINATING.WORKTNG COMMITTEE
1 The tPPC Coordinating-working Committee was appointed by the Members
attending the First Plenary Meeting of the lppG at County Hall on 2g,h August,
't997.
) The IPPG Coordinating-Working Committee was mandated to co-ordinate the
general activities and prepare th€ Agenda of the Second Plenary meeting of the
IPPG on 2'd September, 1997.
3 The Members of the IPPC Coordinating-Working Committee submitted by the
respective Political Parties are as follows:
Hon. l.f. Falana, ,!lP - Kanu
Hon. I C.N. Osogo, ,!tP - Kanu
Hon. Kipkalya Kones, ,\1P - Kanu
Hon. lbrahim Salat, ,!tP - Kanu
Hon. l. N. Angrvenvi, ,\tP - Kanu
Hon. Achieng Oneko, ,\1P .FK
Hon. Saul Busolo, ,\lP -FK
Hon. Ceorge \thenge, \tP .FA
Hon. fohn ,\lutere, ,ltP .FA
Hon. Martha Karua, ,ltP .DP
Hon. rllatu Wamae, ,\tP -DP
Hon. George \t. Anvona, ,\tP - KSC
+ The IPPC Co-ordinating-Working Committee met at County Hall Committee
Room on,ltondav, 1" September, 1997 at 10.00,r.m. The attendance at the
rneeting rvas as follorvs:
,r) Present
Hon. f .f . Falana, \tP
Hon. Achieng Oneko, ,MP
Hon. Ceorge Anvona, MP
Hon. Saulo Busolo, ,!tP
Hon. lbrahim Salat, llP
Hon. f ohn ,!tutere, !tP
Hon. ,llatu Wamae, ,\tP
I
Hon. fames Osogo, MP
Hon. Martha Karua, MP
Hon. George Nthenge, MP
Hon. Kipkalia Kones, MP
Hon. fimmy Angwenyi, MP
b) Absent NDP was not represented
5 The IPPC Coordinating Working Committee meeting considered the Draft
Proceedings of the 1't IPPG Plenary prepared and presented by Hon. Ceorge M.
Anyona, MP for Kitutu Masaba (KSC) and adopted it for the confirmation of the
Second IPPC Plenary on 2"d September, 1997.
5 The IPPC Co-ordinating-Working Committee considered and adopted the issues
which will constitute the Agenda for the 2"d meeting of the IPPG as follows:
A. The venue of the Second IPPG Ptenary at County Hall, Conference Hall.
B The date and time of the IPPG Plenarv:
(i) Date - 2'd September, 1997
(ii) Time - 10.00 am to 12.30 pm
- 3.00 pm to 05.00 pm
C. The attendance of the IPPG Plenary:
(i) Members of Parliament
(i i) P ress
D. The confirmation of the Draft Proceedings of the First IPPC Plenarv:
E The IPPC discussed and adopted the {genda and Programme of the
Second Plenarv of the IPPG as follows:
(a) Commitment to dialogue
(b) R;forms
(i) Constitutional Reforms:
The Constitution of Kenra Review Commission Bill, 199;
The Opposition Document
\tinimum Reforms
Long-term Reforms
(ii) Legal Reforms:
Amendments and repeals of Statutes containerl in the
Statute,!tiscellaneous Larr (Repeals ancl,Miscellaneoous
Amendments) Bill, 1997.
!
I
Statutes not covered by the Statute Law (Repeals and
Miscellaneous Amendments Bill, 1997.
Opposition document
Electoral Code of Conduct
(iii) Administrative Reforms:
Opposition Document
Other Proposals
(c) Peace and Security:
(i) Security situation in Coast Prorin.. and the rest of the
country
(ii) Banditry
(iii) Cattle rustling
(iv1 lncitement at public meetings and processions
(v) Permits for public meetings
(d) General Election
(i) Voters Roll
(iii) Electoral law, regulations and rules
(iv) Access to public media
8. Time frame
Reports before 15th September, '1997
9. Any Other Business
1 1. Resolutions
v
THE INTER.PARTIES PARLIAMENTARY GROUP(IPPG)
SECOND PLENARY
COUNTY HAIL: 2ND SEPTEMBER" 1997
PROGRAMME
I . Prayers
2. lntroducrory Remaris
3 Adoption of Agend; and Reporr of l st I ppc Meeilng
4. Commitment ro Diaicgue
5. Reforms
(a) Constitutional R.eforms
(i) The consirurion of Kenya Review commission Bill, I 997
(ii) The Oppcsition Document
(iii) Minimun: Reforms
(iv) Long-rerm Reforms
(v) Participadon
(b) Leeal Reforms
(i) Amendmens and repeals oi sututes conrained in the
statute Law (Repeals and Miscellaneous Amendments)
Bill, 1997 (see list) 6
(ii) staturcs nor covered by the statute Law (Repeals and
Miscellaneous Amendments) Bill, 1997 (see list)
(iii) Opposition Documenr
(iv) Election Code of Conducr
(c) Administrative Reforms
(i) Opposition Documenr
(ii) Others
6 PEACE AND SECURITY
(a) security siruation in coast Province and rhe rest of the cguntry.
(b) Banditry
(c) Cattle rustling
(d) Incitement at public meetings and processions
(e) Permits for public meetings
7. GENERAL ETECTIONS
(a) Voters Roll
(b) Electoral law, regulations and code of conduct
(c) Access to Public Media
8. TIME - FRAME
Reporu before 30th September, 1 997
9. A.O.B.
I 0. Resolutions -, r
I
:. The National Assembly and presidendal Eleaions Act -cap 7
2. The Public Order Act - Cap 56
i. The Preseruation of public Securiry Act - Cap 57
+. The Vagrancy Act - Cap 5g
i. The Penal Code - Cap 63
a. The Prevendon of Corruption Act - Cap 65
:. The Election Offences Acr - Cap 66
i. The Police Act - Cap 84
;. The Adminisradon police Act - Cap g5
' 3. The Outlaying Disrricrs Acr - Cap l04
I . The special Distric* (Administration) Act-cap r o5
2. The Public Collections Acr - Cap I 06
i. The Socieries Act - Cap lOg
4. The Tradidonal Ligour Act - Cap 122
5. The Chiefs Authoriry Act - Cap l2g
,
b
CONSTITUTIONAT REFORMS
l. Presidenrial Election (Section.5)
The successful presidendal candidate should in addirion ro geming ar least 2So/o 
the votes ofcast in at least 5 provinces be required to g.t Jru, ioozo or the roul
votes cast.
Sirould no clear winner emerge from the first round 
2l of 
polling then around-off shall
be held within days between 
- the nrro candidares who scored the highest in voresrhe first.:e und and a simple majoriry shall decide the winner.
2. Coalition Government (Sections T,lS,l6 and l9)
The Constitution should expressly prorid. for rhe formation of a 
govemment. coalition
3. Electoral Commission (Secrion 4l )
A truly independ_ent and no-partisan Electoral Commission should be esublished.
Members of the Commission should be nominated by all politicaip..,i.r, religious
organisations and organised sectors of the civil sociery. T6e new inJependenr and
non-partisan Electoral Commission should be given adequate power ro organise
conrrol and manage elections.
4. Nominated Members of parliamenr (Section 13)
The Power to nominare rwelve members of Parliamenr is open to abuse.
Secrion 33 should rherefore be repealed.
5 Date of Elections
The dace of general elections should be esablished under rhe Consdrution and
in the 
:P: third week of December of the 5rh year after the previous generaletec1U1o_nb. . 
6. Independent Candidates
Provision should be made for independent presidendal, parliamenary and civic
candidates to panicipare in elections.
tEGAI FORMS
I Public Order Act
The requirement of licensing public meefings and processions should be removed.
Instead individuals should be required merely to notify tire local police raiion or
an intended public meecing or procession for security arrangemens.
2 Preservation of Public Security Act
The power to deuin and resrict persons without trial should be abolished 
the power 
while
to declare a sate of emergency should be subject ro parliamenury
approval.
?
3 Societies Act
Political panies should not be required to regisrer under the Societies Act bur
should instead be required to notiff the Electoral Commission of their formarion.
4 Chief's Authority Act
This Act should be repealed
5 Films and Stage Plays
The requirement of licensing films and stage plays should be abolished
5a Penal Code (Section 56 and 57)
sedition provisions which criminalise free speech should be repealed.
6b. The Public Collection's Act
The requiremeng of licensirrg public collections (harambees) should be abolished
by a repeal of this acc.
7 Election Code
The independent and non-panisan Electoral Commission should operate under an
Election Code which should provide for the following amongsr orher things:
I . Regisration of voters using any of the following documents: (a) National ldentiry
Card (old or new), (b) Binh Certificate and (c) Passport.
2. Nomination period for prospective candidates for a period of three days.
Nomination papers may be presented to the Electoral Commission by rhe
candidare or his/her agent.
3. Inroduction of reasonable expenditure ceilings for candidates during elections.
4. The voilng day shall be made a public holiday.
5. Accessibiliry of information on register of voters, ballou, erc ro the public.
6. Use of transparent ballot boxes.
7 The counting of votes and announcement of results be at each polling sutions.
Results should be certified by the agents to respecrive candidares before being
forwarded ro rhe cenral recording sution.
ADMIN R.EFORMS
l. All poliilcal prisonen including Koigi wa Wamwere, his co-accused, the Mungiki
- llultists and Apiny Odhjambo should be released
2. All victims of erhnic cleansing should be resemled.
3. All unregisrered politjcal panies should be regisrered.
4. PG, DG, DOs, Chieft, the police and other civilservanr should be banned from
interfering with the electoral process.
5. Private radio and television should be licensed immediarcly.
6. Illegal presidential decrees on elecrions should be prohibited.
7. The gagging of the prus and religious organisations should be prohibited.
THE IN R.PARTIES PARLI ME\TARY GRO P (IPPG)
SECOND PLENARY
COI LI .2ND SFPTF BER.1997
'NTY
SUMMA PLENARY PRO EDINGS
1 The lnter-Parties Parliamentarv Group (IPPG) held three Sessions of the Second
Plenarv at the Countl, Hall Conference Room of the precincts of Parliament from
Tuesday',2nd september to Thursda1,,4th September, 1997. The plenary Sessions
were co-chaired br Hon. fames Osogo, (Kanu) ari.., Hon. Achieng Oneko (Ford-K)
rvith Hon. George .{nvona (KSC) as the Secretarr.
) The Plenarl' Sessions of the IPPC were attended and covered by the Press Corps.
The Speaker of the \ational Assembly, Hon. Francis ole Kaparo, MP, also attended
the Plenary Session on Wednesday, 3rd September, 1997 in an observer capacitr,.
The attendance at the Plenary Sessions was as follorvs:
(a) First Session, iuesday',Znd September, 199: - 106 l\tembers
(b) Second Session, \Vednesday, 3rd September, 1997 - 100 rltembers
(c) Third Session, Thursday, .tth September, 1997 - 96 Members
a
.1 The IPPC Plenarr Session on 2nd September,'1997 adopted the Draft Agenda and
Programme prepared br the Co-ordinating Committee as mandated by, the First
I
Plenan' on I st september, 1997. The Plenary, also adopted, b1' acclamation, the
Report or Proceedings of the First Plenarv presented bv the Secretarv to the IPPC,
Hon. Ceorge I't. Anvona, MP (KSC).
+ The IPPC Plenarv commenced its deliberations r+,ith "Commitment to Dialogue".
{t the end of the deliberations, there n'as broad and general consensus on
comnritment to dialogue as the only rvay to deal rvith the current situation in the
countrv and also uith future challenges. The Ple'arv proposed a Resolution on
Commitment to Dialogue rvhich was read bv Hon. Simeon Nyachae, Mp (Kanu).
J The IPPC Plenary'session exchanged vieu on the various subjects on reform,
peace and secu.:'itv as rvell as the forthcoming General Election as follows:
(a) Constitutional Reform
(i) The Constitution of Kenva Review Commission Bill, 1997 on long
term reform.
(i i1 The Opposition Document on minimum reforms:
- Presidential Election
- Coalition Government
- Electoral Commission
- Nominated Members
- Date of Election
- lndependent Candidates
\
a
(b) Le&l Reforms
(i) The statutes contained in the Statute Law (Repeals and Miscellaneous
Amendments) Bill, 1997.
The Public Order Act Cap 56
The Preservation of Public Security,Act, Cap 5f
The \zagracy Act, Cap 58
The Penal Code, Cap 63
The Election Offences Act, Cap 66
The Police Act, Cap 8.1
The Administration Police Act, Cap 85
The Outlying Districts Act, Cap 10-1
The Special Districts (Adminstration) Act, Cap 105
The Public Collecitons Act, Cap 106
The Societies Act, Cap 108
The Chiefs Authority Act, Cap 128
(ii) The Statutes not contained in the Statute Larr' (Repeals and ,\tiscellaneous
{mendments) Bill, 1997:
The National Assemblv and Presidential Elections Act, Cap 7
The Films and Stage Pl:vs Act, Cap
The Tradition Liqour Act, Cap 122
The Ken1,a Broadcasting Corporation Act - Cap 221
I The Trade Unions Act, Cap 233
The Local Government Act, Cap 265
(iii) The issues and Statutes contained in the Opposition Document
Presidential Election
Coalition Government
Electoral Commission
Nominated ,llembers
Date of !lection
lndpendent Candidates
Public Order Act
Prservation of Public Securitv Act
Societies Act
Ctiiefs Authority Act
Films and Stage Plays Act
Penal Code
Public Collections Act
Election Code
Release of Political Prisoners
Settlement of Victims of Clashes
Registration of all Political Parties
Delinking the Provincial Administrtaion, Civil Servants and the Police
from the election process
!
Licencing of private radio and television media
Prohibition of Presidential "decrees" on elections
The Press and Religious Organisations
;
t
(c) Administrative Reform
(i) The Opposition Document
(ii) Ceneral proposals
(f) Peace and Securit,v
(i) Securitr situation in Coast Province and the rest of the countrr,.
(ii) Banditrv
(iii) Cattle Rustling
(iv) lncitement at Public ,\leetings and Processions
(g) Ceneral Election
(i) Voters Roll
(ii) Electoral larr, regulations and code of conduct
(iii) Access to Public Media
(h) Ti me
(i) Participation
(ii) Reporting before 15th September, .199I
(i) Anv Other Business
(i) The on Lrnion of Kenra Civil Senants
(ii) ALCAK
(iii) The Kenva !\'omen's Political Caucus
(i) Resol utions
(i) Commitment to Dialogue
(ii) Reforms
(iii) Peace and Security
(ir'; Elcctoral Code
6. The IPPC Plenan'admitted three petition memoranda for consideration as follou,s:
(a) Election of Chairmen and Mayors from ALCAK (Association of Local
Covernment Authorities of Kenya) presented br Hon. Martiia'Karua, MP.
(b) Rights of Women from the Kenya Women's Political Caucus on refc+rm
initiatives presented bv Hon. Phoebe Asiyo, ,\lP
(c) The revival of the Union of Kenva Civil Servants from former officials
presented by Hon. George M. Anyona, MP.
The IPPG Plenary resolved to extend the mandate of the Co-ordinating Committee
to guide the dialogue and reform initiatives. The Plenary then established three
Technical Committees to deal with issues discussed in the Plenarv Sessions as
follows:
i
t
(a) Constitutional, Legal and Administrative Reform Committee.
(b) Peace and Security Committee
(c) Electoral Code Committee
B The IPPG Plenarv accepted and approved the proposal made bv the Co-ordinating
Committee to hold consultaions on the reform process lvith the President, religious
community leaders and other stakeholders. The Plenary was not unanimous on
consultations with the diplomatic community,but left the issue to the discretion of
the Co-ordinating Committee.
9 Tire tPPG Plenary made and adopted the follou,ing iesolutions:
(a) Commitment to Dialogue Resolution
(i) We are unequivocallv committeed to thp current dialogue on legal,
administrative and constititona! reiorm through the lnter-Parties
Parliamentary Group (IPPC).
rii) We shall do anvthing u'ithin our individual and collective capacitr
to avoid all acts and utterances inimical to positive peaceful change
in our country.
riii) We shall make all efforts to acconrnrodate dissenring views as a \r,a\
of reflecting diversitv and not hate.
tiv) lVe shall stand together in Jrrosecuting the course of this dialogue on
reform rvithout any fear.
rlt ) Technical Committees
Resolution:
(i) A technical committee comprising ten menrbers from Kanu and ten
from the Opposition to discuss and draft recommendations to the
IPPG reflecting consensus between the parties to this dialogue on
constitutonal, legal and administ.ative reform, with a vielv to
developing possible bills for enactment into larv by the National
Assembly.
(ii) A technical committee comprising seven members from Kanu and
seven from the Opposition to develop recommendations for hte tpPC
on a draft electoral code, and drart legislation and regulatiosn to
govern the operations of the Electoral Commission.
(il t) A technical committee comprising seven Kanu members and seven
from the Opposition to deliberate upon and recommend to hte lppC
on a collective resolution regarding the current problems of
insecurity and banditrv with a vien, to developing a collective
commitment to the rule of law, maintenance of peace and exclusion
of peace or exacerbation of conflict.
That the established committees lt'ork for a period of one week and
thereafter report back to the IPPG through the Co-ordinating Committee.
10. The IPPC Plenary' mandated the Co-ordinating and the Technical Committees to
undertake the responsibilities bestowed upon them in the discussions and
resolutions of the Plenary within one week and report proposed recommendations
to the Third Plenarl'of the IPPC at 10.00 a.m on Tuesday', 9th September, 1997
at Countv Hall Conference Room.
Hort. George ,\1. Anyona, VIP
Secretarv to Co-ordinating Committee and IPPC
Parliament Buildings
NAIROBI
September 10, 1997
THE INTER.PARTIES PARLTAMENTARY CROUP (IPPG)
TECHNICAI- COMMITTEES
PRESS BRIEFINGS
The Technical Committees established by the lnter-Parties Parliamentary Group (lppG)
Plenary Session on .lth September, 1997 are as follows:
A. CO-ORDINATING COMMITTEE I
The Hon. f.f. Falana, MP Convene:.(i(anu)
The Hon. C.N. Osogo, MP Co-Chairman (Kanu)
The Hon. Ramogi Achieng Oneko, MP Co-Chairman (Ford-K)
The Hon. George M. Anyona, MP Secretary (KSC)
The Hon. Kipkalya Kones, MP Member (Kanu)
The Hon. Ceorge C.W. Nthenge, MP Member (Ford-A)
The Hon. foseph M. Shikuku, MP Member (Ford-A)
The Hon. lbrahim Salat, MP Member (Kanu)
The Hon. Matu Wamae, MP Member (DP)
The Hon. Martha Karua, NtP Member (DP)
The Hon. Saulo Busolo, MP Member (Ford-K)
The Hon. f immy N. Angwenyi, MP Member (Kanu)
B. CONSTITUTIONA L, LEGAL AND ADMINISTRATIVE RE FORM COMMITTEE
The Hon. Dalmas Otieno, r\{P Co-Chairman (Kanu)
The Hon. Kiraitu Murungi, MP Co-Chairman (Ford-K)
The Hon. George M. Anyona, MP Secretariat (KSC)
The Hon. Dr. Mukhisa Kitu),i, MP Secretariat (Ford-K)
The Hon. l.C.N. Osogo, MP Member (Kanu)
The Hon. Kipkalya Kones, MP Member (Kanu)
The Hon. Peter Maundu, MP Member (Kanu)
The Hon. f ulius ole Sunkuli, MP Member (Kanu)
The Hon. G.G. Kariuki, MP Member (Kanu)
The Hon. F.N. Kagwima, MP Member (Kanu)
The Hon. Moses Wetangula, MP Member (Kanu)
The Hon. Henry Obwocha, MP Member (Ford-K)
The Hon. Martha Karua, MP Member (DP)
The Hon. Norman Nyagah, MP Mem6er (DP)
The Hon. Matu Wamae, MP Member (DP)
The Hon. George Nthenge, MP Member (Ford-A)
The Hon. Dr. Lwali Oyondi, MP Member (Ford-A)
The Hon. Abubakar Badawy, MP Member (Kanu)
C. PEACE AND SECURITY COMMITTEE
The Hon. Moody Awori, MP Chairman (Kanu)
The Hon. Kennedy Kiliku, MP Co-Chairman (DP)
The Hon. William Morogo, MP Member (Kanu)
The Hon. Mwangi Githiomi, MP Member (DP)
The Hon. Chris Kamuyu, MP Member (Ford-A)
The Philip Rotino, MP Member (Kanu)
The Hon. Linus A. Polo, MP Member (Ford-K)
The Hon. Eliud Mcharo, MP Member (Kanu)
The Hon. Khalif S. Mwavumo, MP Member (Ford-K)
The Hon. fillo Falana, MP Member (Kanu)
The Hon. Mohammed Shidiye, MP Member (Kanu)
The Hon. Sammy Leshore, MP Member (Kanu)
The Hon. Mrs Phoebe Asiyo, MP Member (Ford-K)
D. ELECI@
The Hon. Andrew Ligale, MP Co-Chairman (Kanu)
The Hon. foseph Mulusya, MP Co-Chairman (DP)
The Hon. Prof. Ouma Muga, MP Member (Ford-K)
The Hon. Prof. Anyang Nyong, MP Member (Ford-K)
The Hon. George Kapten, MP Member (Ford-K)
The Hon. Muhika Mutahi, MP Member (DP)
The Hon. Shadrack Manga, MP Member (Kanu)
The Hon. faphet Shamala, illP Member (Kanu)
The Hon. Boaz Kaino, MP Member (Kanu)
The Hon. fohn S. Mumbe, MP fu'tember (Kanu)
The Hon. Gonzi Rai, MP Member (Kanu)
The Hon. Mrs Agnes Ndetei, ,vlP Member (Kanu)
The Hon. Bishop joseph Kimani, MP Member (Ford-A)
The Hon. Njenga ,ltungai, MP Member (Ford-A)
) The Technical Committees met yesterday arternoon and constituted themselves
as above. The Committees also compiled their Work Programme for Friday,
Saturday, Sunday and Monday.
1J The Committees started working this mo,'ning and constinued in the afternoon.
They will be working throughout the weekend.
-t The Committees are working in a cordial and relaxed atmosphere. The
Committees are so far making good progress in their deliberations.
J The Committees will compile provisional reports on Monday, 8th september,
1997. The reports will be presented to the-flinary Session of the lppG on
Tueday, 9th September, 1997 at County Hall. The Committees will also hold the
next Press Briefing on Monday, 8th Septernber, 1997.
Hon. Ceorge M. Anyona, MP
Secretary to Co-ordinating Committee
Parliament Buildings
Nairobi
September 5, 1997
THE INTER.PARTIES PARLIAMENTARY CROUP (IPPG)
PRESS BRIEFING
1 The Technical Committees have been meeting today.
(a) The Constitional, Legal and Administrative Reform Committee met in the
morning and adjourned to allow members to attend the national
Harambee for Women. The Committee has completed deliberations on
Legal Reform covering Statutes listed in the Bill and Agenda No.S(b).
(b) The Peace and Securitv Committee met in the afternoon and completed
their deliberations on the following issues before adjourning and wilt
meet tomorrow to draft Resolutions for the Plenary:
(i) Rule of Law
(ii) Maintenance of Peace
(iii) Threats to Security
(iv) Banditry
(v) Cattle Rustling
(vi) Clashes
(vi) Urban lnsecuritv
(c) The Electoral Code Committee is in session and making good progress.
) The Committees will meet again tomorrow to deal u'ith remaining business. The
Committees are working hard and deliberations are based on general consensus.
3 The Committees are keenly concious of their grave responsibiliies to Kenyans
and are determined to discharge and honour these reponsibilities to the best of
their abilities.
-t The Committees are most grateful to all Kenyans for being and remaining calrn
while the IPPC deals with the situation.
J We appeal and urge all Kenyans of goodwill to give support to the current
dialogue initiatives by the IPPC.
Hon. George M. Anyona, MP
SECRETARY TO COMMITTEE & IPPG
6th September, 1997
THIRD (IPPG) PLENARY
RESOLUTION
PRESS BRIEFINGS
I The Committees have been meeting again this morning and proceedings are in
progress this afternoon.
2. The Se:rrity Committee has finalised resolutions. The Committee will meet the
commissioner of Police and his securiry team romorrow morning.
3 The Constitutional, Legal and Administrative Reform Committee has sarted
deliberations this afternoon and may complete the work tomorrow. Drafts on
legal reforms are in progress with co-operation of the Attorney-General's office.
4 The Electoral Code Committee will complete work on Local Governmenr this
afternoon. Drafts are ready on the Electoral Code.
5 The Committees will meet tomorrow to finalise Drafts Reports and
Recommendations.
Hon. George M. Anyona, MP
SECRETARY CO.ORDINATING COMM E AND IPPG
Parliament Buildings
NAIROBI
September O7, 1997
?ffii,r<:tY--
THE INTER.PARTIES PARLIAMENTARY GROUP (IPPG)
PRESS BRIEFINGS
The Technical Committees of the IPPG met and continued working this morning
and afternoon. The deliberations of the Committees are still in progress.
2 The Peace and Securiry Committee held consulutions with the Commissioner of
Police and his security team this morning. ln the afternoon, the Committee
continued with the drafting of Resolutions. The Committee is being faciiitated in
the drafting of the Resolution by an officer from the Attorney-General,s
Chambers, Mr. Milton Odhiambo
3 The Electoral Code Committee continued deliberarions on Local Government. The
Committee h-'d consultations with the Permanent Secretary for Local
Government, Mr. Richard Siele, who attended the morning session. The
Committee is also being facilitated by an officer from the Attorney-General's
Chambers, Ms Linda Mulira, in preparing draft Resolutions.
4 The Constitutional, Legaland Administrative Committee continued deliberations
on both minimum and long-term constitutional reform. ln both respec6 of the
reform agenda, the Committee reached consensus on most of the issues under
discussion, including the Electoral Commission, Nominated Members, etc. The
Committee will proceed to deliberate on administrative reform. The Committee
is being facilititated by three officers from the Attorney-Generat's Chambers, Ms
Margaret Nzioka, Mr. Stephen Mwenesi and Ms Elizabeth Ng'ang'a, in drafting
propsoed constitutional and legal amendmens and repeals to the Constitution
and various Statutes.
5 Given the exceptional goodwill and large volume of work generated by
deliberations of the Technical Committees, it will not be possible for the
Committees to complete the Draft Resolutions and present them to the Co-
ordinating Comn'ittee today. The Technical Commitrees require at teast another
two days to finalise their assignments.
6 ln view of the foregoing, it has been agreed through consultations that the Third
Plena4y of the I PPG, scheduled for Tuesd ay, 9th September, I 9 97, be postponed
until Thursday, I I th September, 1997, at I 0.00 a.m. The venue of the Ptenary
will be notified in due course.
7 ln the meantime, the Co-ordinating Committee and Technical Committees will
seek consultations with the religious communiry and other stakeholders in the
reform process. There will also be consultations with the Head of State.
Hon. George M. Anyona, MP
Secretarv to Co-ordinatine Committee and IPPG
Parliament Buildings
NAIROBI
September 08, 1997
THE INTER.PARTTES PARLIAMENTARY GROUP (IPPG)
PR.ESS BRIEFINGS
I The proceedings of the Technical Committees of the IPPG have reached advanced
stages. The spirit of consensus and cordiality that has guided and imbued the
proceedings of the Committees from the beignning of the IPPG dialogue and
reform initiatives has been sustained and srengthened througholt the
deliberations of the Committees. This has resulted in quick and remarkable
achievements by the Technical Committees in the deliberations of the issues
involved in the reform process as well as the peace and security situation in the
country.
2. The Peace and Securiry Committee fonvarded the proposed repor$. and
resolutions to the Attorney-Gcneral's Chambers for drafting. The draft reports
and resolutions were received from the Aftorney-Generat's Chambers this
afternoon and the Committee will now adopt them for presentation to the Co-
ordinating Commimee of the IPPG some time tomorrow.
3 The Electoral Code Committee has completed Celiberations and is reviewing draft
repor$ and resolutions on the following:
(a) The Constitution of Kenya
(b) The National Assembly and Presidential Elections Act, Cap 7.
(c) The Schedule to Section 34(i) and (h) on the Electoral 
(d) Code of Conduct.The Election Offences Act, Cap 66.
(e) The Local Government Act, Cap 255
(f) The Proposed electoral Bills proposed by the Electoral Commission and the
Opposition.
(S) The Presentation by the Association of Local Authorities of Kenya
(ArcAK).
4 The Constit:rtional, Legal and Administrative Committee has now completed
deliberations on all the items of the reform process. There is overwhelming
consensus on these issues and reports, resolutions and possible legislations are in
the process of drafting with the willingand welcome co-operation of officers from
the Attorney-General's Chambers.
5 The Technical Committees are scheduled to present their draft reports and
resolutions to trid Co-ordinating Committee tomorrow, Wednesday, I Oth
September, 1997. The Co-ordinating Committee will then prepare the Agenda
and Programme for the Third Plenanf of the IPPG on Thursday, I lth September,
1997.
Hon. George M. Anyona, MP
Secretary to Co-ordinatine Committee and IPPG
Parliament Buildings
NAIROBI
September 09, 1997
THE INTER.PARTIES PARLIAMENTARY GROUP (tPPC)
TECHNICAL COMMITTEES . DRAFT REPORTS
PRESS BRIEFINGS
1 The Three Committees established by the Fourth Session of the Second plenary
of the lPPc on Thursday, 4th september, 1 997, have completed their work and
presented Draft Reports and Resolutions to the Co-ordinating Committee for
consitleration and adoption.
") The Draft Repcr.l: and Resolutions cover all the issues contained in the Agenda
of the Second Plenary of the IPPC. These issues include:
(a) Minimum short-time constitutional, legal and administrative reforms
(b) comprehensive long-term constitutional, legal and administrative
reforms.
(c) Peace and Securitv
(d) General Election
3 The Technical Committees deliberated, in a candid manner and free
atmosphere, controversial and sensitive aspects of the reform agenda that rvere
anathma to public scrutiny in the past. tndeed, the spirit and wind of dialogue
was so strong that the Draft Reports and Resolutions \t'ere made and reached
by general consensus.
+ The Draft Reports and Resolutions of the Technical Committees have been
presented to the Co-ordinating Cmmittee for consideration and adoption. The
Co'ordinating Committee has duly considered the Drart Reports and Resolutions
presented by the Technical Committees and duly adopted them with unanimity.
J The Draft Reports and Resolutions of the Technical Committees have been
compiled by the Co-ordinating Committee as an tnterim Report for presentation
to the Third Plenary of the IPPG on Thursday, 11th september, 1997, for
consideration, adoption and sanction. The lnterim Report will form a basis on
which to defuse the explosive situation in the country and point the way
forward from the current political impasse in the reform process as well as the -l
deteriorating security situation. The recommendations rvill create a level-ptaying
field for fair, free and peaceful General Election. The recipe for fair, free and
peaceful General Election consists ot, inter alia, co-operation, goodwilt,
tolerance and transparency.
Hon. Ceorge M. Anyona, MP
SECRETARY TO COMMITTEE & IPPG
1Oth September, 1997
THE INTER.PARTIES PARITAMENTARY cROUp (Ippc)
TI{IRD PIENAR,Y
OLD ER.II SEPTEM 1997
PROGRAMME
I. ATTENDANCE:
(a) Members of Parllament
(b) Religious Communiry Faci.lication Team (RCFT) Observers
(c) Diplomatic Communiry Observers
(d) Resident Representatives of lMF, world Bank and European
Commission Observers.
(e) Amnesry International Observer
(f) Press
2 PRELIMINARIES:
(a) Prayer
(b) Opening Remarks
(c) Adoption of Agenda
(d) Adoption of Proceedings of Second Plenary of IppG
3 PRESENTATION OF REPORTS AND RESOLUTIONS:
(a) Peace and Securiry Committee
(b) Electoral Code Committee
(c) constitutional, Legal and Administrative Reform commicee
+ PLENARY DELIBERATIONS
5 RESOLUTIONS
Parliament Buildings
OId Chamber
NAIR.OBI
I I th September, 1997
' rrrtF:E[ : r=:,r-riz-aF,-.'_- ^ ?
THE INTER.PARTIES PARLIAMENTARY GROUP (IPPG)
THIRD PTENARY
SUMMARY PTENARY PROCEEDINGS
The Third Plenary of the IPPG took place in the Old Chamber of Parliament
Buildings, on Thursday, l lth September, I 997, from 10.50 a.m. ro l.5O
p.m.
2. The Plenary was anended as follows:
(a) Members of Parliament - I 38 Members
(b) Speaker and Amorney General (Observers)
(c) Religious Communiry Facilitation Team (RCFT) Observers - l0
Men:bers
(d) Diplomatic Communiry Obseruers - 30 Diplomats
(e) Donor Conrr,runiry Observers - 3 Residenr Representatives
(f) Amnesry Internadonal Obser.yer - I Representative
(g) Press: Local and International
3 The Plenary staned with a prayer by Hon. Bishop loseph Kimani, M.P.
(Nakuru North), after which the Agenda and Programme of the Plenary was
adopted by acclamation. The adoption of rhe Reporr was proposed by Hon.
Dr. loseph Misoi, M.P. (Eldoret sourh) and seconded by Hon. Aluoch Polo,
M.P. (Rongo). The Plenary also adopted the Summary Proceedings of the
Second Plenary circulated by the Secretary to the IPPG by acclamadon after
the adoption was proposed by Hon. limmy N. Angwenyi, M.P. (Kitutu
Chache) and seconded by Hon. Maru Wamae, M.P. (Mathira).
4 The Plenary comntenced its deliberations with introductory and opening
remark from Hon. l.). Falana, M.P.(Saku), Convenor, Hon. Achieng
Oneko, M.P. (Rarieda), Co-Chairman and Hon. lames Osogo, M.P.
( Bunyala), Cc-Chairman.
5 The Plenary was informed rhat some members of the -Coordinaring
Committee of the IPPG had met the President at Snte House, Nairobi,
during the morning of I lth Seprember, 1997 and briefed him on rhe
progress of the Technical Commimees of the IPPG as follows:
(a) Peace and Securiry
(b) Electoral Code
(c) Consdtutional, Legal and Administrative Reform.
6 The Interim Repon of the Peace and Securiry Committee was presented to
the Plenary by Hon. Moody Awori, M.P. (samia), co-chairman and Hon.
Kennedy Kiliku, M.P. (changamwe), co-chairman. The Report was
proposed for adoption by Hon. Simeon Nyachae, M.P. (Nyaribari Chache)
and seconded by Hon. Phoebe Asiyo, M.P. (Karachuonyo). The Report was
adopted by acclamarion.
7 The lnterim Reporr of the Electoral Code Committee was presented by Hon.
loseph Mulusya, M.P. (Kangundo), Co-Chairman and Hon. Andrew Ligale,
M.P. (Vihiga) - Co-Chairman. The Repon was proposed for adoption by
Hon. Chris Kamuyu, M.P. (Dagoretti) and seconded by Hon. Kipkalya arap
Kones, M.P (Bomet). The Report was adopred by accldmation.
8 The lnterim Repon of the Constitutional, Legal and Administrative Reform
Commimee was presented by Hon. Dalmas Otieno, M.P. (Nominared) - Co-
Chairman and Hon. Kiraitu Murungi, M.P. (lmenti South), Co-Chairman.
The Report was proposed for adoption by Hon. Henry Obwocha, M.P.
(West Mugirango) and seconded by Hon. William ole Ntimama (Narok
North). The Repon was adopted by acclamation.
9 The Plenary was ihen addressed by Hon. George Sairoti, M.P. (Vice
President), Kanu, Hon. Michael K. Wamalwa, M.P. (Chairman), Ford-
Kenya, Hon. Manin l. Shikuku, M.P. (Secretary-General), Ford Asili, Hon.
Mwai Kibaki, M.P. (Chairman), Democraric Parry and Hon. Ceorge M.
Anyona, M.P. (Chairman-General), Kenya Social Congress.
10. TIre Plenary ended rvith closing remark from Hon. l.l. Falana, M.P. (Saku),
Convenor and Hon. lames Osogo, M.P. (Bunyala), Co-Chairman. The Hon.
Ceorge M. Anyona, M.P. (Kituru Masaba), the Secrerary ro the IPPG, read
the Resolution which was adopted by acclamation, after being proposed for
adoption by Hon. Mwai Kibaki, M.P.(Othaya) and seconded by Hon.
lackon Kalweo, M.P. (Nyambene). The Plenary after a prayer from Hon.
Abubakar Badawy, M.P. (Malindi) then embarked on the Creat Reform
Train(GRT) and left the Old Chamber of Parliament Buildings in a festival
nrood of the-Reform and Christmas Seasons of goodwill to all men and
women. The Third Plenary took place in the true spirit of the National
Motto of Harambee (Reasoning Together) and the Motto of'the National
Assembly: FOR THE WELFARE OF SOCIETY AND THE IUST
GOVERNMENT OF MEN.
Hon. George M. Anyona, M.P.
SECRETAR,Y TO INTER.PARTIES
PAR.TIAMENTARY GROUP (IPPG)
Parliament Buildings
NAIROBI l5th September, 1997
THIRD IPP PLENARY
RESOTUTION
We, Members attending the Third Plenary of the lnter-parties
Parliamentary Group (IPPG) of the Seventh Parliament meeting on
the eleventh day of September,"1997 to consider the reports of the
Peace and Security Committee, the Electoral Code Committee and the
Constitutional, Legal and Administrative Committee regarding
minimum reforms before the forthcoming General Elections do hereby
urse the National Assembly of Kenya to adopt the reports of the said
three Committees through a House Resolution;
empower the Attorney-General to translate the reports of the said
three committees into draft Bills for presentation to the Narional
Assembly before the forthcoming General Elections;
recommend that all the four committees of the IPPG continue to
work in close collaboration with the Attorney-General's Chambers to
ensure that the contents of the Bills are fully cognisant of these
recommendations;
call upon the National Assembly to ascertain that the respective Bill
are enacted into law so as to ensure free and fair elections.
OId Chamber
Parliament Buildings
NAIROBI
Thursdan September I l, 1997
t
REPORT OF THE 
I COMMIfiEE ON
CONSTITUTIONAL. LEGAL AND
ADMIN ISTRATIVE R.EFORMS
A. CONSTITUTIONAT REFORMS
The Committee resolved to deal with minimum constitutional reforms for the
purposes of the forthcoming general election as follows:
(i) Section I - Declaration of R.epublic
The Committee recommended that Section I be renumbered Section lA.
(ii) Section lB - Multiparw Democracy
The Committee recommended that a new Section I B which would read as
follows:
"Kenya shall be a multi-party democracy" be insened.
(iii) Section 7 - Coalition Government
t The Committee recommends .hat, Section 7 be amended by deleting all
rhe words after the word "elected" appearing in the third line to read as
follows:
"A person elected as President in accordance with this
constitution shall assume office as soon as he is declared to be
elected".
This amendment now permits the winning President to form a Covernmenr
of National Uniry or a Coalition.
(iv) Section 4l(l) - Electoral Commission
The Committee deliberated on rhe need for an independent imparrial and
inclusive Electoral Commission.
The Committee recommends thac Section 4l ( I ) of rhe Constiturion be
amended by deleting the word "other" and inserting after rhe words "not
less than four" the words "and not more than twenty ol'Ie".
The Committee recommends that the President do appoinr rhe additional
l0 Commissioners from a list of names submirted ro him by parliamenmry
Opposition parties.
5
t
(iii) Section 4l ( I O)
The committee recommends that section 4l(10) which gives the
Commission a blank cheque to regulate its own procedure be deleted, and
replaced with the following section.
"The Commission may by rules or otherurise regulate its own
procedure subject to any electoral laws in force".
(iv) Section 33 - Nominated Members of Parliament
The committee proposed amendments ro this section. The section as
amended reads:-
"Section 33(l ): There shall be 12 nominated Members of the
National Assembly to represent Special Inreresc, who shall be
proposed for appointmenr ro the President by each leader of a
Parliamentary parry in proponion to the respective pamy
membership in the National Assembly.
(ii) At the conclusion of a General Election, rhe Electoral
Commission shall issue a certificate to the leader of each
parliamentary pany giving the number of nominees ro be proposed
by the parry under this Section.
(iii) All Nominated Members shall be persons who qualify to be
elected as Members of the Kenya National Assembly.
The Committee funher proposed that half of the nominations be reserued
for women. In this regard, the following provision is proposed to be
inserted in the Electoral Code.
"ln receiving nominations from Leaders of the Parliamentary parties
under Section 33 of the Constiturion, rhe Electoral Commission shall
ensure that one half of all Members nominated for appointmenr by
the President shall be women".
(v) Section 82(3) - Protection from Discrimination
The Committee recommends an amendmenr ro Section 82(3) by inserting
the word "sex" between the words "race" and "tribe".
Tlris amendment shall protect all Kenyans from discriminarion on grounds
of sex.
(vi) Presidential Elections (Section 5)
The Committee considered the proposal co amend Secrion 5 of the
2
t
Constitution to require a presidential candidate to obtain a 50o/o maiority
in addition to the 250lo in 5 of the eight provinces. After rengthy
deliberations the Committee resolved that this amendment is of a
fundamental nature which requires consideration by all Kenyans, as part of
the comprehensive constitutional reforms.
The Committee resolved to remin the present Section 5 of the Constitution
and recommended that:-
(a) all presidential candidates be granted adequate securiry by the State.
(b) all political panies will have genuine freedom to campaign in all
areas of Kenya and there will be no closed pamy zones.
(vii) lndependentCandidates
a The Committee deliberated ar length on rhe question of
lndependent Candidates and resolved char the marrer be left for the
consideration of all Kenyans under rhe proposed Constitution of
Kenya Review Commission Bill, 1997.
b. It was the consensus of the Committee thar all Kenyans do
panicipate in the General Elections and candidares granred the righr
to present themselves on ticket< of pamies of their choice. ln this
regard, the Committee recommends rhat all polidcal panies which
have applied for regisrration be registered fonhwith unless their
registration would contravene the provisions of the Societies Act
(Cap.l08) and the refusal and reasons thereof are communicated
in writing to the affected parties within l4 (founeen) days.
c In the event the Registrar does nor comply wirh (b) above, the
Committee recommends that the Constitution be amended to
permit independent candidates to participate in rhe forthcoming
General Elections.
(viii) Indeoendence and Autonomv of Parliament
The Committee deliberated on the issue of independence auronomy of rhe
institution of Parliament, .and strongly recommended rhat rhe Motion
unanimously passed by Members r f
$
Parliame ce be implemented.
THE CONSTITUTION OFKENYA REVIEW COMMISSION BIIL. 1997
The Committee considered rhe Constitution of Kenya Review Commission Bill,
1997 and made the following recommendarions:
3
(
(i) Clause 4 To remove uncertainry as to when the
Commission shall be appointed, the
Committee recommended that clause (4) be
amended to indicate that the Commission will
be appoinred as soon as this Bill is enacted into
law.
(ii) Clause 5 This clause should be amended to allow the
Commission to hire its own Secretary and
Depury Secretaries instead of the President.
(iii) Clause 7 The first line of this clause be amended by
deleting the word "shall" and inserting the
words "may upon request by the
Commission". This will enable rhe President
to avail to the Commission rhe seruices of
public officers, if and when required by rhe
Commission.
(iv) Clause I I (c) This clause be amended by delering the word
"person" appearing in the first line and
inserting the words "Public Officer" in place
thereof. This will ensure thar appearance
before the Commission is volunnry and that
only public officers can be compelled to
produce documents.
(v) Clause l3(3) This clause be amended to include a sub-clause
to provide that in che absence of the Chairman
and the Vice-Chairman, the Commission will
appoint any other member ro Chair the
meeting.
(vi) Clause l3(b) This clause be amended by insening an
additional sub-clause to indicate that rhe
Secretary shall be responsible for rhe custody
of all records and -documents of the
Commission.
(vii) Clause l5 This clause be amended by deleting the word
"person" appearing in the first line and
inserting th'e words "Public Officer" in place
thereof. Tlris ensures that only public officers
are punished for disobedience of summons
issued by the Commission ro produce
documenr.
4
(viii) Clause r5fi) This clause be amended by deleting all the
words after the word "Commissioners" in
the third line to the end.
This amendment is intended to ensure that the
Commission will submit its report to the
President prompdy within wenry four months
from the date of appointment.
(ix) First Schedule The Committee recommends rhat:
(a) Clause 2 of the Firsr Schedule should be
redrafted to indicare thar rhe President shail
only appoinr Commissioners from the names
submitted by the lisred organizations.
(b) each of the organizations listed in the
schedule will nominare nor more rhan 4 (four)
names.
(c) the list of organizations appended ro the
bill should be expanded to be as inclusive as
possible to ensure rhar such organisation as the
Kenya Women's Polidcal Caucus, the Mustim
Consultative Council, the Association of the
Physically disabled of Kenya and orher
stakeholders are included.
Dates of Elections
The Committee deliberated on the need to have the dares of elections in Kenya
clearly spelt out in the Constitution. The Committee recommends thar rhis matter
be left for consideradon by all i(enyans as part of the comprehensive review of the
Constitution as it involves a decision as to whether Kenya will have a Parliamenmry
or Presidentialsystem. The Committee funher recommends that the election time-
table be prepared in consultation with all parties panicipating in the elections.
5
(
B. tEGAt REFORMS
The Committee considered the following Acts:
l. The Public Order Act, Cap 56
2. The Penal Code, Cap 63
3. The Police Act, Cap 84
4. The Administration Police Act, Cap 85
5. The Traditional Liquor Acr, Cap 122
6. The Chiefs' Authority Act, Cap 128
7. The Kenya Broadcasting Corporarion Act, Cap 221
8. The Films anci Suge Plays Act, Cap 222
9. The Public Collections Act, Cap I 06
lO. The Preservadon of Public Securiry Act, Cap 57
I I . The Societies Act, Cap 108
12. The Statute Law (Repeals and Miscellaneous Amendments) Bill, 1997
Recommendations made under each Act
l. The Public Order Act (Cap 56)
The Committee recommends some amendments in order to classify
meetings that require notification and those that do not require notificarion.
In this regard the Comnrittee recommends rhat:-
(a) all public rallies and processions held at public places should require
notification.
(b) meeting of political party organs under their respective consrirurions,
held exclusively to discuss parry affairs shall not require notification.
(c) convenors of meetings that do not require notification ntay requesr
security from the police.
(d) meet-the-people tours should nor require norification.
(e) notifications under this Act should be nrade ro the Officer
Commanding Police Station (OCS).
(0 a public register of notifications should be maintained by the Officer
Commanding Police Station (OCS).
(g) the tinre of public meetings be limired from 6.O0 a.m. ro 6.00 p.nr.
(h) the organizer of a meeting or procession or his agent should be
present throughout the meeting or procession and assist rhe police
in the maintenance of peace and order.
6
(
(i) a meeting or procession may only be stopped by an Officer
commanding Police surion (ocs) or a police officer of or above
the rank of inspector, where there is clear present or imminent
danger of a breach of rhe peace or public order.
(i) a public meeting or procession held without due norice to the ocs
or in defiance of a police order not ro hold a meeting in a panicular
place or at a particular dme would be an unlawful assembly. The
proposed requirement in rhe statute Law (Repeals and Miscellaneous
Amendmena) Bill, 1997 that meetings or processions in progress
could be declared unlawful because of the disobedience of three or more
persons to keep peace should be deleted.
(k) The proposals in rhe statute Law (Repeals and Miscellaneous
Amendmens) Bill that the us of threaterring abusive or insulting words
at a public meeting with intent to provoke a breach of the reace be an
offence under the Public Order Act be deleted, as relevant provisions of
the Penal Code are adequare to cover such utterances.
(l) Clause 5(l)(a) of the Bill which empowers a police officer to control
music, human speech, and sound amplificadon in public meedngs and
processions be deleted.
2. The Penal Code
Section 52 of the Penal Code gives the Attorney-Ceneral unfertered
discretionary powers to restrict freedom of expression by prohibiting any pasr
or future publicarion in the interesr of public order, health, morals and stare
security.
(a) lt is recommended that the Attorney-Ceneral reviews sections 52, 53
and 54 of the Penal Code regarding prohibited publicarions in order ro
make the prorection of moraliry and health rhe only basis for
prohibition.
(b) lt is recommended that sections 56, 57 and 58 which relate co sedirion
be repealed altogether as they are open to abuse and criminalize free
speech.
(c) It is recommended that the Artorney-General establishes a Board ro
review the banned publications.
The Committee felt that Section 77 of tlre Penal Code adequarely carers for
people who incite others to crime, violence, ethnic or racial hatred, and thar
there is no need for retaining che sedition clauses.
It was also noted that criminal libel and defamarion are adequately catered for
in the Penal Code.
7
3. The Police Act
The committee recommends that section l4 be amended by insening the
following:
l4(2) The Force shall exercise its functions under the direction, supetvision and
control of the Commissioner of Police and shall not be subject to the direction
or control of any other person or authoriry.
l4(3) No police officer shall subjecr any person to torrure, or to inhuman or
degrading treatment.
l4(4) The Force shall in exercise of its functions be impartial and neutral in all
political maffers, and shall not accord different treatment to different persons
on the basis of political parry affiliadon or political opinion.
l4(5) Any police officer who fails to comply with subsections (3) and (4)
hereof shall be guilty of an offence.
4. The Administration Police Act
The Committee recommends that in the long term Administration Police force
be merged with the regular Police to harmonize the operation of the Police
force.
5. The Traditional Liquor Act
It was recommended that an amendment be made co Section 30 by deleting
"administrative officers" and leaving the police as the only persons who may
enter and search premises. lt was also recommended that such police officer
should at all such times have a search warrant.
6. The Chiefs' Authoritv Act
(i) The members examined this Act in detail and suggested the following
amendment to curb the powers of the chief and to prevent misuse of
office in the run-up to tl're 6eneral Elections and beyond:
(ii) It is recommended thac section 3 which deals with Liwalis and Mudirs be
reb'eitea as it is said ro be out of dare.
(iii) lt is recomniended that section 7 be repealed ro prevenr the
employment of "youthwingers" by Chiefs.
(iv) lt is recommended rhat section 8 be amended in subsection (2) ro
require chat where the chief arrests a person such person is not locked
up by the chief but taken to the police forthwith for due process in
accordance with the law.
8
(v) lt was proposed that section 9 which empowers the chief to compel
people to attend court be repealed.
(vi) It is recommended that sections l0 and I I which deal with Chiefs'
orders be amended:-
(a) to empower the Chief to issue orders prohibiting the
consumption, possession and supply of intoxicating liquor to
young persons.
(b) to limit the Chiefs of controlling people by issuing orders
prohibiting dances or any act which he rhinks mighr cause a
breach of the peace, or collecting money or propercy from any
persons.
(vii) It is recommended that the Act be amended to require Chiefs issue
orders only for purposes authorised under the law.
(viii) It is recommended that Section l2 be amended to empower the Chief
ro require able bodied persons co render seruices to the communiry in
cases of emergencies.
(ix) lt is recommended rhat Section I 3 be amended to limit the Chiefs'
power to require people to work for conseruation of narural resources
because it was felt that this could be abused as a form of forced labour.
(x) It is recommended that Section 15 be amended to require that the
Chiefs' order for work under Section I 3 should not apply to persons of
over the age of 50, and that a person may be exempted from such work
by a medical doctor in writing.
(xi) It is recommended that Section I 8 be anrended to require a person who
disobeys a Chief's order co be sentenced by the coun to extra-mural
penal employment (e.m.p.e.) for founeen days.
(xii) It is recommended that section 20 be repealed (offences by chiefs) in
order ro enable the chief :o execute his duties fairly according to the law
and without any fear of victimisation.
(xiii) ^lart tlt of the Act (Famine Relief) is recomnrended for repeal since the
Act under which it was made has also been repealed.
(xiv) The Committee recommends rhe following rules to govern the conduct
of tlre Chiefs:-
(a) lt shall be unlawful for a Chief to engage in activiries of any
political Fatry, to act es an agent of a person or political pany or
in any manner canvass for any political pany.
9
(b) A chief shall not in the performance of his/her duties subject any
person to torture or inhuman treatment.
(c) A chief shall not in rhe performance of his/her dury forcefully
enter any privare premises save with a waffant duly signed by a
magistrate.
(d) A chief shall not demand, solicit or canvass donations, collections
or harambee in any manner that suggests that such a donation,
collection or harambee is a precondition or requirement before
services can be rendered.
7. The Kenva Broadcasting Corporation Act
The Commimee recommends tlrat the following sub-section be inserted under
Section 8 of the Act.
(j) "The Corporation shall keep a fair balance in all respects in
allocation of broadcasting hours as between different political view
point".
8. The Films and Staee Plavs Act
The Committee was in agreement that the Act has inhibited tlre development
of drama in the country. The Committee recommends tirat the licensing
requirement (under Pan lV) be deleted and replaced by a requirement of
notification.
9. The Public Collections Act
(a) It is recommended that section 3 and 5 be amended to remove the
requirement for a licence for public collections, and co provide only for
norification of the same to rhe Districr Commissioner.
(b) It was agreed that in tlre long-term the Attorney-Ceneral should examine
the Act in total to harmonize it with the Public Order Act.
(c) The Committee further reconlmends rhat che Artorney-Ceneral should
in rhe near future review the Act ro avoid the abuse of Public Collections
(harambee).
10. The Preselation of Public Securiry Act
(i) The Conrmittee recommends that:-
(a) Section a(2)(a) on detention without trial be repealed
l0
(b) the following proviso be inserted immediately after section
aQ)b)z
"provided that no person shall be restricted on account of
his/her political beliefs and/or activiries".
(ii) The Committee recommends that the Attorney-General should review
the other sections of the Act to conform with these amendmeng.
I l. The Societies Act
(a) It is recommended that section 4 of the Act be amended ro give the
Registrar of Sociedes a maximum of 120 days within which to register
or to decline to register a sociery.
(b) lt is recommended that the sentences for managing an unlawful sociery
under Section 5 be reduced to a maximum of 3 years or fine not r
exceeding Shs 10,000.
(c) lt is recommended chat the penalty under Section 6 for beinf a member
of an unlawful sociery be reduced co a maximum of one year or a fine
not exceeding shs5000.
(d) The Committee noted that Section I I (refusal of registradon) and
Section l2 (Cancellation of registration) gives ihe Registrar broad
unfettered discretion which could lead to injustice and arbirrariness. The
Committee recommends that the words "if it appears to him" or "in
his opinion" wherever they appear be replaced with che words "where
he has reasonable cause to believe".
(e) lt is recommended that where a society is affiliated ro a body of a
political nature ouside Kenya it only needs ro inform the Registrar
accordingly without having to seek his consent.
(d) lt is recommended that where a person is aggrieved by the decision of
the Regisrrar he should appeal either directly to the High Courr, or ro
the Minister, who shall determine the appeal wirhin 90 days.
ll
c. ADMINI REFORMS
The Committee considered the issues raised under administrative reforms as follows:
l. Political Prisoners
ln light of the recommendations for amending and/or repealing secdons of our taws
concerning illegal assembly and sedition and considering that we are committed to the
process of national reconciliation and harmony, the Committee recommends that:-
(i) the Attomey-General moves expeditiously to facilitate clemency for Mr. Apiny
Odhiambo
(ii) the Attomey-Ceneral reviews cases of all persons currently seruing jail or facing trial
on matters of sedition or panicipating in unlicensed meetings, with a view to
releasing them.
(iii) the Attomey-General reviews all other pending cases which are of a politlcal narure.
2. Victims of ethnic clashes and banditrv
The Committee recommenders that all victims of ethnic clashes and banditry be resettled
as soon as possible.
3. Unregistered political parties
The Committee recommends that all political parties which have applied for registration be
registered fonhwith unless their registration would contravene the provisions of the
Societies Act (Cap.l08) and the refusal and reasons thereof are communicated in writing
to the affected panies within I4 (founeen) days.
4. Provincial Administration
The Committee recommends that PG, DG, DOs, Chiefs and other civil servanu should
be restrained from interfering with the electoral process.
5. Private radio and television
TIre Comnrittee recommends that all pending applications be processed within lO (thirry)
days.
6 Election announcements
Tlre Committee recommends that all matters and announcemenc relating to elections be
left solely to the Electoral Commission.
7. Security of Presidential Candidates
The Committee recommends that all Presidential candidates be given adequate securiry
during the campaign period.
t2
CONSTITUTIONAL. TEGAL AND ADMINISTRATIVE REFORM COMMIITEE
The Hon. Dalmas Otieno, MP Co-Chairman (Kanu)
The Hon. Kiraitu Murungi, MP Co-Chairman (Ford-K)
The Hon. George M. Anyona, MP Secretariat (KSC) aaaaaaa
The Hon. Dr. Mukhisa Kituyi, MP Secretariat (Ford-K)
The Hon. I.C.N. Osogo, MP Member (Kanu) aaaa
The Hon. Kipkalya Kones, MP Member(Kanu)....
The Hon. Dr. Bonaya Godana, MP Member (Kanu)
The Hon. Peter Maundu, MP Member (Kanu) .
The Hon. Julius ole Sunkuli, MP Member (Kanu)
The Hon. G.G. Kariuki, MP Member (Kanu)
The Hon. F.N. Kaguima, MP Member (Kanu)
The Hon. Moses Wetangula, MP Member (Kanu)
The Hon. Henry Obwocha, MP Member (Ford-K)
The Hon. Martha Karua, MP Member (DP)
The Hon. Norman Nyagah, MP Member (DP)
The Hon. Matu Wamae, MP Member (DP)
The Hon. George Nthenge, MP Member ( Ford-A)
The Hon. Joseph M. Shikuku, MP Member (Ford-A)
The Hon. Dr. Lwali Oyondi, MP Member (Ford-A)
The Hon. Abubakar Badawy, MP Member (Kanu)
Tus Wontw's Bgromts
IwtrtmrtVs (suMMfr*Y)
Arrgoucg rHEy FoRM HALF oF K.etwa's popr.Jr-AnoN, KelwaN woMEN wERE Nor REp-
RESENTED ar LaNcesrrn HousE wHEN THE cuRRENT CoxsnrazoN wAS wRITTEN.
Not only were Kenyan women not present, in l992,they were not consulted - in
no way can it therefore be said that the current Constitutioz represents the needs
or views of the women of Kenya. Can a Constitution that ignors half a country's
people be said to be representative and will it truly withstand the test of time. It
is our submission that given the nature of the current debates sorrounding the
Kenyan constittttio,n, history is in danger ofrepeating itself, much to the detriment
ofthe Kenyan w'oman. The Constitution of Kenya discriminates against Kenyan
women and even if it is "minimally," amended to ensure a "level" playing field
for all electoral candidates. it will not address the needs of the Kenyan woman.
In order to ensure a new Kenyan Constittttion that truly embodies the values ot
all of Kenyan people, and afford rvomen and men equal protection of their
fundamental rights, \\'e recomend the following :
Dr,uocin AlrD coNSTITUTICNAT REFoR-vs
l. Women must be reDresented bv rvomen in all national dialogue mechanisms and
initiatives on the Constinttiort.
l. There should be : \ational Convention in order to give ail Kenyans. an opoomrnitv
io present their vie.ars on the re','ierv and amendments necessary to ensure that the
Constittttion of Ken1,a guarante3s all Keny'ans their fundamental rights.
C ONS TITL|TIONAL RE F O L\ IS
Section 8l(i) ot:he Cor:-sr;rrrrron lmended in order to prohibit discrimination on the
basis of sex.
Seclion Sl(.1) of :he Consr;r uruorr repealeci rs it permits discrimination in :naners of
personai larv, customar;. iarv. marriage. inheritance. buniai. divorce and adoption.
) Section 90 and oi of the Consr:ntnorz be ammencied to enable Kenyan',vonten to bestorv
citizenship on thelr chiiciren anci spouses.
-l-ire 
I C;,srl tlttton ce re-irnfle n :n sensitive ianguaee-:encier 
i TIre Ci;rusrituttttti:e tmencieci :o ensure tlt^' omen rre consiciere'.: tbr ell constitutional
,rfice s bv:
erRequirinz lhat.rii ;andicates ibr constitutional ,tffices be subject to','ettinq bv the
le'Jislature: :nd
btR.equirins lhat:erbre tpoointnrents io constitutionai offlces are made Parliament
must be satisried:har ar lerst haif the Crndiciates considerei tor thc olfice rvere
womcn.
K V O, flIE"Y'S .91 LVLW L'],X R, EFO &WS *\. G E.JTD  A
/e -fn1a'l1g/ o^"r' s /J oiitical loucus Tlre ll'onren's Relltrms Iniliutire, lt)I)-
6. Enact the Intemational Convention on the Eltmination of all forms of Discrimination
Agatnst Women (CEDAW) into Kenya's domestic law and amend all laws in
contravention of the Convention so as to bring them in linewith the law.
7. Rati$/ Article 13 of CEDAW so as to give Kenyan women equal access to socio-economic
benefits.
8. Enact legislation to facilitate the implimentation of the Beijing Platform of Action.
9. Under the new Corcritution 30% of the seats in the House of Parliament should be
reserved for women.
./to. There should be a Gender Commission set up under the Constitutionfhe purpose of which
shall be to monitor Government's Implementation of legal and policy measures
necessary to ensure the equality of women and men.
LEGISLATI\TE REFORMS
J' Enact a bill legaiising Affirmative Acdon in all public offices (elected and non-
elected) . and to correct other gender imbalaces (including those in the private
sector).
2. Enact an Equaliry Biil. constitutionally entrenching gender pariry in areas of
nationai life.
3. Enact a biil that prohibits domestic violence specirically.
+. Amend sections i-:9 and l-15 of the Penal Code Cao.63 of the Lmvs of Kenva. so
that:
.\) The rare of ; minor carries maximum life sentence.
B) The del-rnarion of rape includes forced penetration with objects.
C) To prohibit rape within marriage.
DtTo prohibir marriage as a defence of rape of a child under the age of i-{.
-i. That rhere be a '.rniform minimum aee for marriaee introduced into Kenyan lalv and
that that ase be i8 y'ears of age.
6. That there be a legal requirement that all marriages be registered.
7. Amend the Srrccassiort .7ct Cap. 160 of the Lavs oi Kenva to:
.\)Specificaill'stare that married daughters;en inherit propercv rvhere the:r
tather dies :ntestate.
B) R.ecognising :hat under some tbrms of customary law. all the propert)'
acquirei cy' a rvit'e belongs to a husbanci. wives shoulci be rbie to inirerir
_ ,,vhere a irusband dies intestate.
3. Reoerl rhe l'itqrcnc.'.1ct Cap. 58 o.f the Lux,s oj'Ker?-l(I. es it crintinalises sntall
bussinesses and -rnentpio,'"ed peoo ie.
(). Repeal :he Pubi:c Order.lct Cup. -j6 o/'rlrc Ldrts r)t,i€r?,I'rl, as it i'estricls Kenl'ans
risht io ;ieedom ,:f rssociation and lssemblv.
i(). Repeai '.he Preser.'(tt:on,l'Public Securin'.lct Ltto i- rt-l.tlte Lutr'.s,t,l ,{c,,?.,.(I. ls it =ciiira::.
the derenrion',rithout:rial of Keny'ans tbr their poiitrcal beliets. tltus r"mciermintng
section -3 of lhe (--)ttsntuttotr, which permits tteecom of conscience.
l-1rre -{toy ^,y/omen's floitical loucus The l?'omen'; ReJbrms lnttitttive. i9')-t0-
P.O. BOX 48083
NATROBT.
3.RD September, lgg7.
The iIon. Membe:s ot-
Inte z-partg pa:rir amenXarg Group
Parliament Buj lding/Countg HaLJ
NATROBT.
Dear Honourab-e Menbers,
TRADE UI'TTONS :-t ,I 
^.1rYIr{ i]NION OF KENYA CTVTL S ERVAIITS "
with great res-:ec: aad unreserved honour mat) we ---r.r.s t of aJ-
take th:s oppo:=:ln::!, to tj"tank gou verg much f or Ene nob ie task
tlou have lnde:::xen jc: txe good o_= orJ! councrg.
il06ever , as !ratr :o :eca, 7 , J-us t recen=: g j.n our aa:.:a.?etj: you
-:assed a -r-e-<c_:::c.,: :c: :ite .r.e-lnsEatexen c o! are -n:on ot
C;Vi 7 r.Sqea- ,<__:. q v-s=--_:j--?:,_, :t:g afl c:v.l seryents ha...e g:eatju
apprec,a;e.j E-:-i .:::__.s..?t mcve D,j oli: pa:)iamen:=:.:;s.
rVeye:'tt:e'ess, l_. :-ie - CC,i C:
a5 :J ,j:e:j.]eI :.::5 :
a tt
_=Jg DOi n= ,
,'lsnar= i
7Ot-l l rp q aA - - ,r tra : .
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Ftr / - ; l
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e-o.Llcca",/,2
Eesrdes ti.at, t.he (;rJu Government has a-1so vior.ated i ts own
Election Manifesto o! 1992 that states tnat it fuJr.g supports
the reinstatement of t-ie union of the civiJ serrzants.
over and above, tne Government has d.ec7:ned, to inpJement the
Justice.s- R. cockar teport of 1994 wiz:cn strongJg recommended
the re-r.r?statenen t or :i:e union of Ken-ua civil, seryants .
It is in Ei?Ls :egatd :-iat we wish to k:nd19 request a7l of
gou Honou:ab l-e men.be:s to include and. = iriress the i ss ue oi
Trade unions in t-'::s ccuntrg and. partr.urar-r g tie t)nion oi
Kenga Civ:_ .5e:-;a;::s ;..::ch !c: over ti:e -,eers has been iani a)
:ts -funct:on.s, t:;i:er:3, cienl:ng tne c:-..:i. .ser.,E.rts 8....e
!reedom a::i -r:::::s c_-- :ssoc:a::on toCa==.
ile a-re c-D::.?l_<::s:.::: )ou;n,:-_ do tjle -ssz;c" 7
4///J \
TIIE I.[\ITED DISABLED PERSONS OF KENYA
P. O. BOX 34549.
NAIROBI
Memorandum to the Inter-Party parliamentary Group.
The United Disabled Persons of Kenya as an umbrella of organisations of persons with
disabilities has followed keenly the debate on constitutional reforms. We wish to express our
most sincere gratitude for being accorded an opporrunity to appear before you to presenr our
views.
I First, we note with concern that the current constitution has not a single positive
claus in reference to persons with disabilities. Sections 70 and 82 of the conslitution
of Kenya which outlaws discrimination on the basis of race, tribe, place of ori_ein or
residence, or other local connection. political opinion,colour or creed has no
reference to disability as a basis for discrimination. Thus, the constirution does not
cover the persons rvith disabilities for whom discrimination, both instirutionalised and
subtle, is a daily challenge in varying degrees. We believe rhar this is because
persons withe disabilities were not represented in the formulation of that supreme law
of the land. The e.xperience of U,sanda where persons with disabilities were
represented in the constiruent assembly that came up with the new constitution is an
example that we should borrow. Today, disabled persons in Kenya are
discriminated against in provision of services in among other public utilities like
banks with impunitl'. They are denied right of access to public facilities by the way
buildings are constructed while aids and appliances are charged duties and other
taxes thus makin_q rhem unaffordable. We recommend that oppornrnity be provided
for persons rvith disabilities to be represented and to participare fully in the reform
process as this will help in articulating their special needs and thus make their Iives
better than is the case. More specifically, we request that our participation in the
constitutional reform commission whose bill has already been published be
considered.
') Disabled people and their org;nisations should be consulted and included in the
decision making process that affect their lives including among others participation
at civic and parliamentarv levels. To us, the failure to develop appropriate services
to persons rvith disabilities is largely not intentional but simply results from the fact
that the affected people in this respect have not been involved in the developmenl of . , ,
such services.
A lot of services to persons with disabilities have been under resourced because
people with disabilities are not involved at the level where the national budget is
discussed to poinr our rheir priorities. our neighbouring counrry Uganda has
made great strides in this direction by recognizing that the lO% popularion made up
of the disabled community in that country is large enough to form no less than five
constituencies.
1
T
Consequently, their government has provided 
t for five members of parliament who
are disabled and who are elected by the disabled community on regional basis to
represent their interest in parliament. Similar affirmative step has been taken at the
local authority levels. Through this, nearly 2000 persons with disabilities are involved
at various levels of local authorities. These are elected by the disabled people
themselves and are expected to articulate the needs, aspirations, possible contributions
and limitations of persons with disabilities in their respective local authorities.
Although this representation is not outrightly stated in the constinrtion, it is based on
the clauses relatine to the recognition of persons with disabilities as an integral part
of the Ugandan community whose needs are special and which can only be best
articulated by them. It is also based on an affirmative clause that requires
representation of minority groups. However the actual representation is outrightly
provided for in the rules and regulations which interpret the constitution. In this
Iight, it is our opinion and hence our recommendation that the Kenyan constitution
should provide for affirmative action in respect to representation of minority groups
and in particular persons with disability as a special group at all levels where
decisions are made.
In South Africa, the government's affirmative action has taken the form of nominating
a member of parliament with a disability to represent the interest of people with
disabilities. In addition, They have set up a desk in the office of the president to
coordinate all disability concerns in the country. In Tanzania. Lesotho and
Zimbabwe the governments have also provided for at least one person with
disability to represent their lot in parliament through nominarion but in consultation
with the organisations of persons with disabilities. We recommend that in the short
run before the provision of representation through the constitution, Kenya takes this
route of nomination as an affirmative action. More specifically, we request that
nomination of a person with a disability to represent the interests of people with
disabilities in parliament be considered and that United Disabled Persons of Kenya
as a representative organisation of people with disabilities be consulted in deciding
who such a person should be.
J Allow me to go back to our laws and statutes for a moment as I am convinced that
the reforms we are here to address center on these. Going back to our constitution.
section 12 provides tbr the removal of the president on grounds of incapaciry. We
consider this unfair in that the definition of incapacity is not provided. Such
interpretation should define "incapacity" taking into consideration the technological
development enables persons with disabilities be at per with the none-disablerl
persons. The "tevhrmic h" incapacity" should be defineil to exclude all disabilities which do
not incapacitate the president to such extent that he is unable to perform his duties
effectively.
The grounds for removal from office should be inability to perform rather than mere
incapacitation. This provision should be applied to all other persons who hold public
offices.
2
Section 16 and 17 empower the president to remove the vice president or minister at
his discretion on the grounds of disability. We believe that grounds for removal
should be inability to perform effectively rather than mere :occurrence or presence
of a disabiliry.
Section 33 of the constitution provides for nominated members to the National
assembly but does not provide for representation of persons with disabilities. We
recommend that this section be amended to make provision for the nomination of
persons with disabilities to represent their interest in the National Assembly.
Section 34 whether by intent, design or inadvertently outrightly discriminates against
persons with visual and hearing disabilities by depriving them their rights either to
be elected or nominated as members of parliament. clause (c) of this section states
that a person shall be qualified to be elected as a member of parliament if, and shall
not be qualified unless, at the date of nomination for election he is able to speak,
unless incapacitated by blindness or other physical cause, to read Swahili and English
languages well enough to take an active part in the proceedings of rhe National
assembly". whereas this may have been meant to be an initiative to ensure that
persons unable to "read" because of visual difficulties may be exempted from
disqualification, They would in any case be disqualified under section 35 in respect
to language proficiency test.
It also wrongly assumes that persons with visual difficulties are all illiterate thus
failing to recognise braille as a form of writing. It is well known that whether
rvrongly or correctly, this clause has been referred to several times in public
utterances by key leaders in this country in connection with the fact that blind people
cannot stand for elections. This clause. however well intentioned is susceptible to
misinterpretation and should all together be repealed. In one of the by-elections in
the late 80's one of us was barred from contesting a seat in parliament as a result
of the misinterpretation of this section.
In the same way, CAP 7 the National Assembly and presidential act should be
harmonised with this recommendation. It should also provide for people with visual
disability to be assisted in marking the ballots by persons of their own choice as
opposed to the case presently where they have to be assisted by presiding officers in
the presence of agents of candidates thus denying such a person his 
- right to secretlyelecting a person of his choice.
Section 77 (2) provides that an accused person be given free services of an
interpreter to enable him or her to understand proceedings in court and to
communicate in a language he can understand. This entitlement should be extended
to include specifically the sign language fbr the deaf.
.+ Turning to other statutes, The law retbrm act CAP 26 should be amended to provide
fbr representation of persons with disabilities on the law retbrm commission. CAp
63 the penal code secrion 146 "defilement of idiots or imbeciles".
3
In the first place, the description of persons with mental disability as "idiots" or
"imbeciles" is discriminatory as it deprives them of a right to positive identity.
Secondly, this section meant to protect them against sexual abuse regards the carnal
knowledge of such persons irrespective of their age as "defilement" instead of
treating this as rape in accordance to section 139 of the same code. Thus, offenders
in this respect are normally charged with defilement rather than rape. This provision
should be amended to regard offenses of this type to adult persons with mental
handicaps as rape. Terms "idiots" and "imbeciles" should also be changed to persons
with mental handicap.
CAP 107 The re-eisration of persons act which makes provision for registration of
persons and for the issue of identity card and other connected purposes does not
provide for a register or the registration of persons with disabilities. Thus, whereas
the relevant authorities can quickly tell you the number of elephants or rhinos in this
country, there are no statistics of persons with disabilities. The registration of
persons Act should be amended to establish a registry for the registration of persons
with disabilities. This would help with the collection of data and the planning of
services to such persons. CAP 141 The Children and Young Persons Act. This act
does not address the rights of children with disabilities. This is a marrer that needs
immediate attention to ensure that the welfare of children with disabilities are given
consideration.
CAP 210 (b). The Universities Act: Although this is an acr to make better
provisions for the advancement of university education in Kenya. it is silenr on the
welfare of students rvith disabilities in institutions of higher learning. It should be
amended to secure in our universities a friendly physical and learning environment
for university students with disabilities. For instance, lecture theatres, seminar rooms,
Iaboratories. administration blocks and other buildings should be made accessible.
Appropriate equipment and services should be provided to srudents rvith special
educational needs. This recommendation should apply in CAP 210 (c). The Kenyana
University Acr.
CAP 211 The education Act: This act which provides for the regulation and
progressive development of education makes no direct reference or mention of the
education of learners with special needs. What so far has happened in this field has
been through individual policy makers good will to interpret certain sections to
enable the introduction of services. Section 4 (a) has for instance been interpreted
to help in the establishment of Kenya Instirute fbr SPECIAL Educarion. It is
necessary that Speciai Education be explicitly. defined and provided for in rhis act.
The Act should theretbre be amended to include specific provisions affecting srudents
with disabilities and institutions catering for them. CAP 226 Employment Act This
law has made no attempt whatsoever in addressing discrimination against people
with disabilities in employment.
4
It should be amended to provide for affirmative action to create equal opportunities
for persons with disabilities. Affirmative action could include prorision of a quota
system in the employment of persons with disabilities in organisations of given size.
CAP 470Income Tax Act: It provides for the charge, assessment and collection of
income tax. This act is discriminatory in content as it does not grant relief to persons
with disabilities taking into consideration in the assessment the cost implications that
comes with disability. Wheel chair users, Crutches users, sign language users,
hearing aid users, reader service users all incur extra expenses in their daily lives
which are not put into consideration in either tax assessment or granting of tax relief.
We recommend that this law be amended accordingly.
CAP 472 the Custom Excise Act: This act provides for the management and
administration of the customs for the assessment charge and excise duties. the 3rd
schedule in clause 15 exempts "disabled" and "physically disabled" persons from tax
on materials, articles and equipment including motor vehicles specially designed for
their use at the discretion of the treasury where the cost exceeds 10,000 sniltings.
First, there is the problem of distinguishing between "disabled" and physically
disabled" and knowing who are included in these terminologies. Secondly, ihere is
the great problem of obtaining approval from the treasury which even rvhen granted
may have taken so long thus incurring big bills on demurrage and storage not to
mention the problem when such an approval is rejecred. Clause 16 exempts from
export duty materials and articles for the educational. scientific or cultural
advancement of persons with visual disability for the use of an organisation approved
by government. This clause gives no exemption whatsoever to individuals with visual
disability thus distinguishing them from their organisations and from the "disabled"
and "physically disabled" as mentioned in clause 15 and denying them exemption.
It means that they can be charged duty on any appliances as they are not covered
either in clause 15 or 16. Worse still are the deaf and the mentally handicapped who
are not at all mentioned in this act and whom we can assume that like the visually
disabled are not included in clause 15. To us, this is quite discriminatory and
should be amended forthwith. Moreover the pfu'ase "specially designed" in clause 15
is quite misreadins because in today's technology, persons with disabilities can use
appliances, equipment and even vehicles that are not originally designed tbr them but
which are modified just a little either locally or internationally to suit rheir use. A
case in point is the use of computers by blind persons once the necessary sofi ware
has been installed , a development which has revolutionalised the Iives of blind
professionals in their career performance.
We recommend that all persons with disabilities and their organisations 
"in as well asor-ganisations providin,s services to them be treated equally respect to duty
exemption on appliances. equipment and materials which they require to ease their
day to day life irrespective of the category of disability and that dury exemption
procedures be made easy to avoid delays at the ports.
5
CAP 473 The Telecommunication Tax Act. This act imposes a tax in the provision
of communication apparatus and services. THE tax is levied to all users of these
services on equal basis but it is necessary to realise that for persons with disabilities
who may be immobile in their houses, in trouble and unable to help themselves,
telephone services could be a life-line.
In this respect, for this act to be fair, concession should be given to such persons as
they are bound to use the services more often and in circumstances where they would
otherwise not have used it were it not for their disabilities. We therefore, recommend
that tax waver be considered in this act as an affirmative action.
5 We recommend that the government endorse and affirm its commitment to all UN
instruments on human rights and that special attention be given to those related to
human rights of disabled people. Alongside the consideration of the implementation
of the UN Standard Rules on equalisation of oppornrnities for persons with
disabilities, we single out in particular the ILO convention 159 of 1983 on rhe
rehabilitation, training and employment of disabled persons which is a concern of
every ministry under the guidance of the ministry of labour and manpower
Development for ratification and implementation. We as a disability movement have
done our best to brins about awareness on the UN Standard Rules by among other
ways organizing seminars where government officials are invited to discuss these
rules but more often than not the people who are in decision making levels do not
attend rur seminars even when invited. More specifically, we request that the
implementation of the UN standard rules for equalisation of opporntnities for persons
with disabilities and the ratification of ILO convenrion 159 on rehabilitation and
employment of persons with disabilities be effected.
We further recommend that the provisions of the 1971 UN declaration on rhe rights
of the mentally handicapped and the 1975 UN declaration on the rights of persons
with disabilities be recognised and incorporated into our laws since Kenya is a UN
member country. This will go far to help improve the lives of persons with
disabilities in this counrry.
6 We recommend that enactment of human rights legislarion be carried out to protect
the lives of disabled people. In this respect we wanr to commend the attorney General
who in an unprecedented move became a lone living example in appointing disabled
people to participate in the review of the laws relating to their affairs. We look
forward to the result of this particular exercise which we consider to be long
overdue. We especiall,,' call upon the support of those currently in parliament when
the bill which we understand is under preparation comes up ro support it. More
specifically, we request that the enactment of the persons with disabilities bill of
1997 resulting from the work of the Attorney Generals Tasks force be effected
7 We recommend that our Nation adopt a comprehensive plan to empower disabled
people and to develop and strengthen their organisations. Empowerment strategies
could include job creation through either open employment or infbrmal sector.
6
To-date, credit schemes designated specifically for women and youth continue to be
established by both the government and Non Governmental agencies but we have so
far seen very little done for persons with disabilities if at all. We feel that affirmative
action should be taken in this respect. Thus, we request that either regulations be set
to ensure that credit organisations consider persons with disabilities or that specific
credit prograrnmes be set up for them.
8 Disability work should be incorporated into planning and implementation of all
aspects of development work by the Government, Churches and other Non
Governmental Organisations. We see the reasons for our inadequate services as the
practice in the separate planning of these services as exemplified by having skills
training institutions catering for persons with disabilities in the ministry of Culture
and Social Services instead of having them in the same ministry as the mainstream
training. Having these institutions where they are has made them seem like charity
centres of social welfare characterised by poorly designed and unrecognised
curriculum and inadequate equipment.
Trainers in these Instinrtions are not in touch with the current labour market needs
and have therefore continued to train in the traditional "disabled trades". Persons with
disabilities want to train in marketable courses in accordance to the country's
development and we therefore go further to recommend that skills training for them
be placed within the ministry responsible for the mainstream training. Specifically,
we recommend that all vocational Rehabilitation centres be transferred from the
Ministry of Culture and Social Services to the Ministry of Science and Technology
and be transformed into regional poly technics.
9 Finally, we contend that in view of the extra financial implications of being able to
operate as a handicapped person:
(a). Subsidies on aids and appliances be considered
(b) A bener sysrem and widened scope to duty exemption on aids and appliances
be worked out.
(c) Disability ta.x relief to employed persons with handicaps be introduced
(d) Disability allowance for non-working persons who are unable to secure work
on accounr of their disabilities and have no other means of income be
considered.
d) /qy u2
PRESENTED BY: Samuel Kabue (NIr.)
CHAIRNIAN
UDPK
i.r- r - /
7
Ll -- ,vr,{.a_ , -
Clerk's Chambers
National Assembly
Parliament Buildings
NAIROBI
September 05, L997
F
CONSTITUTIONAL. ADMINISTRATTVE AND LEGAL REFORMS HELD ON
THLRSDAY 4TH SEPTENIBER. 1997 NI COMMITTEE ROOM NO. 7 AT 5.OO P.M.
PRESENT: The tbllowing members were presenr
The Hon. Dalmas Otieno. MP
The Hon. Kirairu Murungi, MP
The Hon. J.C.N. Osogo, MP
The Hon. Kipkalya Kones, IVIP
The Hon. Peter Maundu. MP
The Hon. Julius ole Sunkuli. MP
The Hon. G.G. Kariuki. MP
The Hon. F.N. Kagrvima, NIP
The Hon. Moses Wetangula. MP
The Hon. Dr. Mukhisa Kiruyi. MP
The Hon. Henry Obwocha. NIP
The Hon. George M. Anyona. MP
The Hon. Martha Karua. MP
The Hon. Norman Nyagah. MP
The Hon. Matu Wamae. MP
The Hon. George Nthenge. IvlP
The Hon. Dr. Lwali Oyondi. MP
T,re Hon. Abubakar Badawv. MP
ABSENT WITH APOLOGY:
The Hon. Dr. Bonaya Godana. MP
The Hon. J.NI. Shikuku. l,lP
IN ATTENDANCE llr. J.N. Mwansi Senior Clerk Assistant
-l e
Nlr. Njenga Ruge Clerk Assistant
The meeting started rvith a rvord of prayer led by the Hon
George Nthenge. MP.
],rrN.No.l/97: ELECTION OF CO.CHAIRVTEN
Hon. George Anyona presided over rhe eletion of the Co-Chairmen
The Committee resolved to elect tw'o Members to chair the rneetinus
The following Members were unanimously elected to the Chair as Co-
Chairmen:
The Hon. Dalmas Otieno, MP
The Hon. Kirairu Murungi, MP
IVIIN.NO.2/97: WORKING PROGRAMME
The Committee unanimously agreed on the fbllowing programme
Friday 5-9-97 10.00 a.m. - 1.00p.m.
2.30 p.m. - 6.00 p.m
Saturday 6-9-97 8.30 a.m. - 10.30 a.m
Sundav 7-9-97 9.00 a.m. - 1.00 p.m
2.30 p.m. - 6.00 p.m
IVlondav 8-9-97 9.00 a.m. - 1.00 p.m
2.30 p.m. - 6.00 p.m
The Committee turther agreed to st:lrt with Legal Refbrms then Administrative
refbrms and finally Constitutional retbrms.
NTIN.NO.3/97: }IATERIAL FOR USE BY THE CONINIITTEE
The Committee resolved that the fbllowing documents should be made
available to the Members:
(i) Copies of the Constirution of Kenya
(ii) Copies of the Constitution ol Kenya R-evierv Commission Bill and the
Statute Law tRepeals and Miscellaneous Amendments) Bill.
(iii) Copy of thu ",irsinal Opposition document
(ivl Copy of the summarv on the Opposition document
(v) ,\ commentar\' on the tlo Bills.
(vil The oriqinal Ctlnstitution of Kcnya ( 1963 ).
(viit Copies of the .\cts proposed to be amended
MIN.NO.4/97: BRIEFS TO TIIE PRESS
It was resolved that the co-chairmen would give briefs to the press
as and when necessary. The Committee also resolved to have a press
Conference on Monday Sth September, 1997 in order to give a
preliminary repry.
iVIIN.NO.5/97: ADJOURNMENT
Mr. Chairman (Hon. Dalmas Otieno) adjourned the meeting at rwenty
minutes past Six O'clock until Friday. September 5. L997 ar 10.00
a.m.
CONFIRMED:
DATE:
t
Clerk's Chambers
National Assembly
Parliament Buildings
NAIROBI
September 05, 1997
ND
CONSTITUTIONAL. ADNIINISTRATTVE AND LEGAL REFORNTS HELD ON
FRIDAY sTH 1997 IN COMMITTEE ROOIVI 7 AT 10.00 A.M.
PRESENT: The tbllowing members were present
The Hon. Dalmas Otieno. MP
The Hon. Kirairu Nlurungi, MP
The Hon. J.C.N. Osogo, MP
The Hon. Kipkalya Kones, MP
The Hon. Peter lvlaundu. MP
The Hon. Julius ole Sunkuli. MP
The Hon. G.G. Kariuki. MP
The Hon. Moses Wetangula. MP
The Hon. Dr. Mukhisa Kituyi. MP
The Hon. George lvl. Anyona. MP
The Hon. Martha Karua. MP
The Hon. Norman Nyagah. MP
The Hon. Matu Wamae, MP
The Hon. George Nthenge. MP
The Hon. Dr. Lwali Oyondi. MP
The Hon. J.M. Shik:uku. MP
The Hon. Abubakar Badawy. MP
AI}SENT WITH APOLOGY:
The Hon F.N. Kagrvima. MP
The Hon Dr. Bonava G<tdana. MP
The Hon Henrv Obrvocha. MP
IN .\TTENDANCE: !tr. J.N. iVlrvangi Senior Clerk Assistant
!lr. Njenga Ruge Clcrk Assistant
\[rs Elizabeth Ng'ang'a Principal Parliamentarl'
Counsel. r\ttrtrner -
General's Chamhers
MIN.NO.6/97: LEGAL REFORMS
The Committee considered the following Act contained in the starute
Law (Repeals and Miscellaneous Amendmenrs) Bill 1997 and proposed
some amendments therein.
The Public Order Act (Cap 56)
NIIN.NO.7/97: ADJOURNMENT
Ivlr. Chairman (Hon. Kiraitu Murungi) adjourned the meeting at
twenty minutes past One O'clock until this atternoon at 2.30 p.m.
AFTERNOON SITTING
PRESENT: The fbllowine members were present
The Hon. Dalmas Otieno. MP
The Hon. Kiraitu lvlurungi. MP
The Hon. J.C.N. Osogo, MP
The Hon. Kipkalya Kones. MP
The Hon. Peter Maundu, MP
The Hon. Julius ole Sunkuli. IvlP
The Hon. G.G. Kariuki. MP
The Hon. Moses Wetangula. MP
The Hon. Dr. Mukhisa Kituyi. MP
The Hon. George M. Anyona. IVIP
The Hon. Martha Karua. MP
The Hon. Norman Nyagah. MP
The Hon. Nlatu Wamae. MP
The Hon. George Nthenge. MP
The Hon. Dr. Lwali Oyondi. MP
The Hon. J.M. Shikuk'u. MP
The Hon. Abubakar Badawy. MP
,\BSENT TVITH APOLOGY:
The Hon. Dr. Bonaya Godana. NIP
The Hon. Henry Obrvocha. MP
The Hon. F.N. Kagrvirna. MP
IN ,{TTENDANCE: Mr. J.N. Ivlwangi Senior Clerk Assistant
NIr. Njenga Ruge Clerk Assistant
Nlrs Elizabeth Ng'ang'a Principal Parliamentary
Counsel. Attorney-
General's Chambers
NIIN.NO.8/97: LEGAL REFORMS
The committee considered the following Acts contained in the Statute
Larv (Miscellaneous Amendments) Bill 1997 and proposed some
amendments therein.
(i) The Penal Code (Cap 63)
(ii) The Administration Police Act (Cap 85)
(iii) The Societies Act (Cap 108)
(iv) The Chiefs' Authoriry Act (Cap 128), Sections l-11
NIIN.NO.9/97: ADJOUR\IIENT
lvlr. Chairman (Hon. Dalmas Otieno) adjourned the meeting at thirr\'
minutes past Six O'clock until Saturdar,. September 6. 1997 at 8.30
a. n1.
CONFIRMED
DATE
Clerk's Chambers
National Assembly
Parliament Buildings
NAIROBI
September 06, 1997
F
CONSTITUTIONAL. ADNIINISTRATTVE AND LEGAL REFORMS HELD ON
c ,t'l"T TDnAY ('nrr QE pTFlvfRr'p tooT rN (-rIt\/Itvrr'IrEE pnn NN 7 ATQ?TIAl\/I
PRESENT: The following members were present
The Hon. Dalmas Otieno, MP
The Hon. Kirairu Murungi, MP
The Hon. J.C.N. Oso,so, MP
The Hon. Kipkalya Kones. MP
The Hon. Peter Maundu. MP
The Hon. Julius ole Sunkuli. MP
The Hon. G.G. Kariuki. MP
The Hon. iVloses Wetangula. MP
The Hon. Dr. Mukhisa Kituyi. MP
The Hon. George NI. Anyona, lvlP
The Hon. Ivlartha Karua. MP
The Hon. Norman Nyagah. MP
The Hon. Matu Wamae. MP
The Hon. George Nthenge. MP
The Hon. Dr. Lwali Oyondi. MP
The Hon. J.!1. Shikuku. MP
The Hon. Abubakar Badawy. MP
The Hon. Dr. Bonar,a Godana. MP
ABSENT WITH APOLOGY:
The Hon. F.N. Kagrvima. MP
The Hon. Henrv Ob',vocha. MP
!lr. J. N. ivhvansi Senior Clerk Assistant
!lr. Njenga Ruge Clerk Assistant
![rs Elizabeth Ng'ang'a Prrncipal Parliamentarr
Ctlunsel. Attrrrner-
Generul's Chairrhers
\rrN.No. Llllg7 CONFTRNTATION OF VTINUTES
Nlinutes of the first sitting held on Irriday -lth September. 1997 were
confirmed by the lVlembers present and signed by the Chairman (llon.
Kiraitu Murungi).
NIIN.NO.IIl97: LEGAL REFORMS
The Committee considered the fbllowing Acts and made recommendations as
indicated below:
(i) The Chiefs' Authority Act (Cap 128)
(a) The Committee amended some Sections of the Act and deleted
others.
(b) The Committee requested Hon. Martha Karua. Hon. Moses
Wetangula. Hon. Julius Sunkuli and Hon. Anyona to draft rules
governing the conduct of Chiefs during the tbrthcoming general
elections.
(i) The Police Act
Hon. Kirairu Murungi undertook ro re-draft trvo Sections of the Act
and present the same to the Committee fbr consideration.
(iii) Traditional Liquor Act
The Committee amended Section 30 the Act
( ir') Trade Unions Act
The Committee resolved that the Act should be reviewed alons the
others in the near furure.
(\') The Local Government Act
The Committe ref'erred this Act to Committee No.2
(r'il The Films and Stage Plavs .\ct
The Committee det'erred deliberations on this Act until Sunday. 7th
September. 1997.
\,llN.NO.l2l97: AD,IOURNNIENT
lvlr. Chairman (Hon. Kiraitu Murungit adjourned the meeting at thirtl' minutes
past Eleven O'clock until Sunday. Septernber 7. 1997 at 9.00 a.m.
CONFIRIvIED
(Chairman)
DA'f E
Clerk's Chambers
National Assembly
Parliament Buildin_es
NAIROBI
September 07. 1997
F'
ADMINISTRATTVE AND LEGAL REFORMS HELD ON ST.NDAY 7TH SEPTEMBER. T997
IN COIVIMITTEE ROOM NO.7 AT 9.OO A.M.
PRESENT: The following members were present
The Hon Dalmas Otieno, IVIP
The Hon Kirairu Murungi. MP
The Hon J.C.N. Osogo, MP
The Hon Kipkalya Kones. lvlP
The Hon Peter Maundu. MP
The Hon Julius ole Sunkuli. MP
The Hon. G.G. Kariuki. MP
The Hon. Moses Wetangula. MP
The Hon. Dr. Vlukhisa Kituyi. IvlP
The Hon. George M. Anyona. MP
The Hon. iVlartha Karua. MP
The Hon. Norman Nyagah. MP
The Hon. Nlatu Wamae. IvlP
The Hon. George Nthenge. MP
The Hon. Dr. Lrvali Oyondi. MP
The Hon. J.lvl. Shikuku, MP
The Hon. Abubakar Badawy. MP
The Hon. Dr. Bonaya Godana. NIP
The Hon. F.N. Kagwima. IvlP
The Hon. Henrv Obwocha. NIP
IN ATTENDANCE: Mr. J.N. IVhvangi Senior Clerk Assistant
Mr. Njenua Ruue Clerk Assistanr
Mrs Elizabeth Nq'anq'a Principal Parliamentar), C0unsel
.\ttornev-General's Chantbers
The meeting started with a rvord of praver led by the Hon. George Nthenge
iVIP.
}ITN.NO.I3i97 LEGAL REFOR\TS
The Committee considered the tirllowins .\cts and proposed sorre amendments
therein rs indicrted below:-
t ir The Police Act (Cap 8.1)
The Committee agreed that a clause he incrlrporated within Scction lJ to
provide -
(a) for the neutrality of the police
(b) that police should not rornrre and that any offence of tornrre be
punishable under the Penal Code.
(ii) The Films and Stage Plays Act (Cap 222)
The Committee was in agreemenr rhat the Act has inhibited the
development of drama in the counrry and that the licensing system was
det-ective and recommended thar the licensing requirement under part
IV be scrapped and replaced by a notificarion ro the police.
liii) The Kenya Broadcasting Corporation Act (Cap.221)
The Committee unanimously aereed to amend Part III of the Act.
(ir') The Public Collections Act (Cap.106)
The Committee amended Secrions 3,4 and 5. Hon. Peter Nlaundu
undertook to peruse the Act to esrablish whether the amendments are
in harmony with the Act.
(\') Preservation of Public Securit)' Act (Cap.57)
The Committee resolved that Section 4(2Xa) and +(2)(b) he repealed
and amended respectively.
\lIN.NO.14197: ADJOURNNIENT
IIr. Chairman (Hon. Dalmas Otieno) adjourned the meetins unril -1.00 p.m
this afternoon.
AFTERNOON SITTING
PRESENT: The tbllowing members were present
The Hon Dalmas Otieno. NIP
The Hon Kiraitu Murungi. .![P
The Hon J.C.N. Osogo. IvlP
The Hon Kipkalya Kones. MP
The Hon Peter Maundu. MP
The Hon Julius ole Sunkuli. MP
The Hon G.G. Kariuki. N,lP
The Hon lvloses Wetangula. IVIP
The Hon Dr. Mukhisa Kituyi. MP
l-he Hon George M. Anyona. MP
The Hon Nlartha Karua. NIP
The Htln Norman Nya_uah. VIP
'fhe Hon Matu Wamae. MP
The Hon George Nthenge. NIP
The Hon Dr. Lwali Ovondi. MP
The Hon. J.M. Shikuku, MP
The Hon. Abubakar Badawy, MP
The Hon. Dr. Bonaya Godana, MP
The Hon. F.N. Kagwima, MP
The Hon. Henry Obwocha, MP
The Meeting started at 3.00 p.m
IN ATTENDANCE: Mr. J.N. Mwangi Senior Clerk Assistant
Mr. Njenga Ruge Clerk Assistant
Mrs Elizabeth Ng'ang'a Principal Parliamentary Counsel.
Attorney-General's Chambers
NIIN.NO.15/97: CONFIRMATIONOFMINUTES
IVlinutes of the Second and Third sittinss held on Friday 5th and sarurday 6rh
September. 1997 respectively were contlrmed by the Members and signed by
the Chairman (Hon. Dalmas Otieno) atter an amendment to include the name
of Hon. F.N. Kagwima on the list ol lvlembers plesenr cn Saturday. 6th
September. 1997.
IIIN.NO.16197: LEGAL REFORIIS
The Committee considered the draft of the Chiefs' Authoritv Act Resulations
by Hon. Karua rvhich was agreed to r.r'ith amendments.
\,tIN.NO. 17t97: CONSTITUTIONAL REFOR.VTS
The Committee resolved to deal with minimum Constitutional Refbrms as
opposed to long-term comprehensive retbrms fbr the purposes of the
tilrthcoming general elections.
The Committee considered the tbllowins Sections of the Constitution
(it The Committee amended Section 82t3)
(iir Presidential Election (Section 5)
The Commitiie"deliberatetl on this issue and clet'errecl it unriMonclar
morning. September 8. 1997.
(ul) Coalition Government ections 7. 15. 16 and 19)
The Committee amended Section 7
tivt Electoral Commission
The Committee amended Sections +l(l). "ll(10) and .12(A)
(v) Nominated Members of Parliament (Section 33)
The committee deliberated on the issue and deferred it until Monday
morning.
IVIIN.NO.18/97: ADJOIJRNMENT
Mr. Chairman (Hon. Dalmas otieno) adjourned the meeting at seven o'clock
until Monday, September 8, 1997 at 9.00 a.m.
CONFIRMED:
(CHAIRMAN
DATE
a
Clerk's Chambers
National Assembly
Parliament Buildings
NAIROBI
September 08, 1997
CONSTITUTIONAL. ADMINISTRATTVE AND LEGAL REFORMS IIELD ON
NTrINNAV QTTT S l\,fRE.P 1997 IN arln/flvfrTTfi'r' pr\^it,{ Nr)TATOnOAn/f
PRESENT: .The following members were presenr:
The Hon. Dalmas Otieno. MP
The Hon. Kirairu Murun_ei, MP
The Hon. J.C.N. Osogo, MP
The Hon. Kipkalya Kones, MP
The Hon. Peter Maundu. MP
The Hon. Julius ole Sunkuli, MP
The Hon. G.G. Kariuki. MP
The Hon. Moses Wetansula, MP
The Hon. Dr. Mukhisa Kiruyi. IvIP
The Hon. George iVI. Anyona. IVIP
The Hon. Nlartha Karua. MP
The Hon. Norman Nyagah. MP
The Hon. IVIatu Wamae. MP
The Hon. George Nthenge, MP
The Hon. J.\1. Shikukx. MP
Tlie Hon. Abubakar Badawy, MP
The Hon. Dr. Bonaya Godana. ivlP
The Hon. Henry Obrvocha. IVIP
ABSENT:
The Hon. Dr. Lrvali Oyondi. NIP
The Hon. F.N. Kaglirna. lvlP
IN ATTENDANCE: Mr. J.N. Nlrvangi Senior Clerk Assistant
VIr. Njenga Ruge Clerk Assistant
VIr. S. \lrvcnesi i\dvocate
The rneeting started rvith a word of prayer led by the Hon. Geo rqe
Nthenge. VIP.
}IIN.NO.19I97 CO\STTTUTIONAL REFORNIS
(l) Nnminqforl \ fomlrorc nf Pnrlirrrnp nt /Sor.finn 11\
The Committee deliberated ()n this issuc and proposed some
lmendment.
(ii) Date of Elections
The committee resolved that the timetable for the elections shall be
addressed under Administrative Reforms.
(iii) Independent Candidates
The Committee deliberated on this issue and deferred it until this
afternoon.
(iv) Presidential Election (Section 5)
The Committee considered this section and det'erred it until 2.30 p.m.
this afternoon.
ADJOURNN,IENT
NIr. Chairman (Hon. Dalmas Otieno) adjourned the meeting at 12.30
until 2.00 p.m. this afternoon.
AFTERNOON SITTING
The following members were present
The Hon. Dalmas Otieno, MP
The Hon. Kiraitu Murungi. MP
The Hon. J.C.N. Osogo. MP
The Hon. Kipkalya Kones. IvIP
The Hon. Peter Maundu. MP
The Hon. Julius ole Sunkuli. MP
The Hon. G.G. Kariuki, MP
The Hon. Moses Wetangula. MP
The Hon. Dr. Mukhisa Kituyi. MP
The Hon. George M. Anyona. MP
The Hon. Martha Karua. MP
The [hn. Norman Nyagah. VIP
Thc Hon. Ivlatu Wamae. IvlP
The Hon. George Nthenge. ![P
Thc Hon. J.II. Shikuku. MP
The Hon. Abubakar Badar.v1". MP
The Hon. Dr. Bonaya Godana. MP
The Hon. Henry Obrvocha. MP
The Hon. Dr. Lwali Oyondi. MP
The Hon. F.N. Kagwima. IVIP
IN ATTENDANCE: Mr. J.N. Mwangi Senior Clerk Assistant
Mr. Njenga Ruge Clerk Assistant
Mrs. M.N. Nzioka Chief Parliamentary Counsel
Mr. S. Mwenesi Advocate
The meeting started at 3.00 p.m.
NIIN.NO.2|/97: CONFIRMATION OF MINUTES
Minutes of the Fourth sitting held on Sunday, 7th September, 1997
were confirmed by the Members and signed by the Chairman (Hon.
Kirairu Murungi) atter amendments.
NIIN.NO.22/97: CONSTITUTIONALREFORMS
1 The Committee considered and deliberated on the Constirution
of Kenva Review Commission Bill. 1997 and proposed
amendments therein as indicated below:
(i) Section zt(i) and Clause (2) of the First Schedule
( ii) Section 6(l)(2)
( iii) Section 7(1)
(iv) Section I 1(1)(c)
(v) Section 13(6)
(vi) Section 15
(vii) Section 16(iX3)
2. Presidential Election (Section 5 of the Constitution)
The Committee det'erred this issue to Tuesdav morninq 9th
September. 1997.
3. lndeoendent Candidates
The Comminee def'erred this issue to Tuesdav nrrlrning
September 9. 1997 .
NIIN.NO.23197: ADIIINISTRATM REFORNTS
^' i'he Committee deliberated ()n various itspects und made
recommendations as indicated belorv:
(i) Political Prisoners
The Conimittee recommended to the Atturney-General that all
cases deemed political be considered fi;r pardon under the larv.
'fhe Committee recommended that all victims of ethnic clashes
and banditrv be resettled.
(iii) The committee recommended that the Registrar Generar should
communicate his decision regarding unregistered political
parties within 30 days.
(iv) The Committee recommended that PCs, DCs, DOs, Chiefs, the
Police and other civil servants be restrained from the erectoral
process.
(v) Concerning private radio and television licenses, the Committee
recommended that a decision on all applications pending be
made within 30 days.
1vi) The Committee recommended that all matters and
announcements relating to elections be lett to the Electoral
Commission.
(vii) The Committee recommended rhat the elections timetable (dates
of nomination and elections) be set in consultation with
registered political parties. This recommendation was however
ret-erred to Committee No.2.
1r,iii) The Committee recommended rhat all presidential candidates be
provided with State security.
}tIN.\O.24t972 ADJOURNNIENT
illr. Chairman (Hon. Kiraitu Murungir adjourned the meering ar rhirn'
minutes past Six O'clock until Tuesdal'. September 09. 1997 at 9.00
a.m.
CONFIR}TED:
(CHAIRNIAN)
DATE:
Clerk's Chambers
National Assembly
Parliament Buildings
NAIROBI
September 09, 1997
CONSTITUTIONAL. ADMINISTRATTVE AND LEGAL REFORMS I{ELD ON
TLESDAY 9TH SEPTENIBER. 1997 tN COMMITTEE ROOM NO.7 AT 10.30 A.M.
PRESENT: The following members were presenr
The Hon. Dalmas Otieno. MP
The Hon. Kirairu Murungi. MP
The Hon. J.C.N. Oso_eo, MP
The Hon. Kipkall'a Kones. MP
The Hon. Peter Nlaundu, MP
The Hon. Julius ole Sunkuli. MP
The Hon. G.G. Kariuki. MP
The Hon. Moses Wetangula. MP
The Hon. Dr. Mukhisa Kiruyi. MP
The Hon. George M. Anyona. MP
The Hon. Martha Karua. MP
The Hon. Norman Nyagah. MP
The Hon. Matu Wamae. MP
The Hon. George Nthenge. MP
The Hon. J.M. Shik-uku. MP
The Hon. Abubakar Badawy. MP
The Hon. Dr. Bonaya Godana. MP
The Hon. Dr. Lrvali Oyondi, MP
The Hon. Henry Obwocha, MP
ABSENT WITH APOLOGY:
The Hon. F.N. Kaswiml:. MP
IN A]'TENDANCE !lr. J.N. \lrvangi Senior Clerk Assistant
!lr. Njenua Ruge CIerk Assistant
![rs. M.N. Nzioka Chiet' Purliamentary
Counsel
!lr. S. Nlrrenesi Advocate
The meetins started lvith a rvord ttf prayer led b1, the Hon. George Nthense.
NIP.
IIIN.NO.25i97: CONFIRNIATIO\ OF N,IINUTES
Vlinutes of the Fifth sitting held on Mondar . tltlr Septernher. 1997 rverc
confirmed b-r'the Members and signed bv the Chairman (Hon. Dalmas ()tieno)
after the following amendments
(i) That the words "deliberated and" be inserted atter the word
"Comminee" in clause 2 and 3 of Min.No.22197.
( ii) Delete the words "political prisoners" in clause (i) of Min.No.23l97
and insert subclauses to read as follows:
(a) the committee recommended to the Attorney-General that all cases
deemed political be considered for review and pardon under the law.
(b) all persons serving jail or facing rrial under repealed Sections of
the starute be considered fbr clemencr'.
(iii) delete the rvords "the Police" in clause (iv) of Min.No.23197
(iv) insert the rvords "during campaign period" after the word "security"
in clause (r,iii) of VIin.No.23197.
lrrN.No.26197: CONST ITUTIO\-AL REFORMS
(i) Presidential Election (Section 5 of the Constitution)
The Committee deliberated on this issue and resolved that the starus
quo be maintained subject to government guarantees that:
(a) all presidential candidates be granted adequate security by the State
(b) all political parties will have genuine freedom in all areas of Kenva
and there rvill be no closed party zones.
(ii) lndependent Candidates
The Committee deliberated at length on this issue and res<tlved t<)
summon the Registrar-General (Mr. Cmondi lvlbago) this afternoon to
comment on resistration of politicll parties bet'ore making its
recommendations on the matter.
.\'llN.NO.27197: AD.IOUR:iIIE\T
Ivlr. Chairman (Hon. Dalmas Otienor adjourned the meerins ar rhirry
rninutes past Twelve O'clock until -1.00 p.rn. this afternoon.
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AFTERNOON SITTING
PRESENT: The follorving members were present
The Hon. Dalmas Otieno, MP
The Hon. Kiraitu Murungi, MP
The Hon. J.C.N. Osogo, MP
The Hon. Kipkalya Kones, MP
The Hon. Peter Maundu, MP
The Hon. Julius ole Sunkuli, MP
The Hon. G.G. Kariuki. MP
The Hon. Moses Wetangula. MP
The Hon. Dr. Ivlukhisa Kiruyi, MP
The Hon. George M. Anyona, MP
The Hon. Martha Karua. MP
The Hon. Norman Nyagah, MP
The Hon. Matu Wamae. MP
The Hon. George Nthenge. MP
The Hon. J.M. Shikuk'u. MP
The Hon. .\bubakar Badawy. MP
The Hon. Dr. Bonaya Godana. MP
Tlie Hon. Dr. Lu,ali Oyondi. MP
The Hon. Henn'Obwocha. MP
ABSENT IVITH APOLOGY:
The Hon. F.N. Kagwima. MP
IN ATTENDANCE: Ivlr. J.N. Mwangi Senior Clerk Assistant
Ivlr. Njenga Ruge Clerk Assistant
NIrs. M.N. Nzioka Chiel Parliamentarv
Counsel
NIr. S. Ivlrvenesi Advocate
\llN.NO.28/97: CONSTITUTIONAL REFORNIS
lndependrnt Candidates:
lvlr. Kariuki Richu. Senior Deputy Registrar-General. appeared befitre the
Committee on behalf of the Registrar-General (Mr Omondi Mbaso) rvho u,'as
said to be tlut of the countrv.
The Committee uas rlf tlte opinion that VIr. Kanuki was ltot r,vell placed to
address thc Vlembers'qucstions. Tlte Committee considered turther the issue
of Independent Candidates and resolved as tbllows:
(a) That the question of Independent Candidates be lett tirr the
consideration ol all Kenyans under the proposcd Constitution of Kcnya
a Rcview Commission Bill. 1997.
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(b) It was the consensus of the Committee that all Kenyans do participate
in the General Elections and candidates granted the right to presenr
themselves on tickets of the parties of their choice. In this regard, the
Committee recommended that all political parties which have applied
fbr registration be registered forthwith unless their registration would
contravene the provisions of the societies Act (Cap.l0g) and the
refusal and reasons therefor are communicated in writing to the
af'fected panies within 14 (fourteen) days.
(c) In the evenr rhe Registrar does not comply with (b) above, the
Committee recommended that the Constitution be amended to permit
independent candidates to participate in the forthcoming General
Elections.
The meering ended rvith a word of prayer led by the Hon. George Nthenge
MP.
MIN.NO.29197: ADJOURIflTENT
IVlr. Chairman (Hon. Kirairu Murungi) adjourned the meeting at tbrty minutes
past Six O'clock unril Wednesday. Seprember 10. 1997 ar 9.00 a.m.
f
CONFIRMED:
(CHAIRMAN)
DATE:
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Clerk's Chambers
National Assembly
Parliament Buildings
NAIROBI
September 10, 1997
THE
CONSTITUTIONAL. ADIVIINISTRATIVE AND LEGAL REFORNIS HELD ON
R I
A.}I.
PRESENT: The fbllowing members were present:
The Hon. Dalmas Otieno. MP
The Hon. Kirairu Nlurungi. MP
The Hon. J.C.N. Osogo. MP
The Hon. Kipkalya Kones. IvlP
The Hon. Julius ole Sunkuli. MP
The Hon. G.G. Kariuki. MP
The Hon. Itloses Wetangula. MP
The Hon. George VL Anvona. MP
The Hon. Ivlartha Karua. MP
The Hon. Norman Nyagah, MP
The Hon. Ivlatu Wamae. MP
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The Hon. George Nthenge. MP
The Hon. J.\,1. Shikuk-u. MP
The Hon. Abubakar Badarvy. MP
The Hon. Dr. Bonava Godana. MP
The Hon. Dr. Lrvali Oyondi. MP
The Hon. Henry Obrvocha. MP
ABSENT IVITH APOLOGY:
The Hon. Peter Maundu. MP
Thc Hon. Dr. Mukhisa Kituyi. iVlP
The Hon. F.N. Kaqrvima. MP
IN .\'TTENDANCE: VIr. J.^\. llrvansi - Seniur Clerk Assistant
!lr. Nycngn Ruge Clerk Assistant
lls. E. Ns'ans'u Principal Parl iameniriri, Counsel
!lr. S. Nlrvcnesi Advocate
Tlte ureetirtg started rvith a rvrlrd trf prayer led hy the Hon. Geurge Xtfr.ng..
VIP
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I MIN.NO.30/97: LEGAL REFORMS
The Committee considered the Dratt Report on legal retbrms presented by the
Secretariat and made amendments therein.
NIIN.NO.31/97: ADJOURNMENT
Mr. Chairman (Hon. Dalmas Otieno) adjourned the meeting at thirty minutes
past Twelve O'clock until 3.00 p.m. this atternoon.
AFTERNOON SITTING
PRESENT: The fbllowing members were presenr:
The Hon. Dalmas Otieno, MP
The Hon. Kirainr Murungi. MP
The Hon. J.C.N. Osogo, MP
The Hon. Kipkalya Kones. MP
The Hon. Julius ole Sunkuli. MP
The Hon. G.G. Kariuki. MP
The Hon. Moses Wetan_sula. MP
The Hon. George M. Anyona. MP
The Hon. Martha Karua, MP
The Hon. Norman Nyagah. MP
The Hon. Manr Wamae, MP
The Hon. George Nthenge, MP
The Hon. J.M. Shik-uku. MP
The Hon. Abubakar Badawy. MP
The Hon. Dr. Bonaya Godana. MP
The Hon. Dr. Lwali Oyondi. MP
The Hon. Henry Obwocha. MP
ABSENT WITH APOLOGY:
The Hon. Peter Ivlaundu. MP
The Hon. Dr. Mukhisa Kituyi. MP
The Hon. F.N. Kaswima. NIP
IN{ DANCE: NIr. J.N. Mwangi Senior Clerk Assistant
!lr. Njenga Ruge Clerk Assistant
!lr. S. iVlwenesi Advocate
!ilN.NO.32l97: CONSTITUTIONAL REFORMS
The Committee considered the Draft Report on Constitutional Retorms
a presented by the Secretary and made amendments therein.
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MIN.NO.33/97: ADMINISTRATM REFORMS
The Committee considered the Drati Report on Administrative Retbrms
presented by the Secretariat and made amendments therein.
MIN.NO.34l97: ADJOURIIMENT
Mr. Chairman (Hon. Dalmas Otieno) adjourned the meeting at thirty minutes
past Four O'clock until 6.00 p.m. this evening.
PRESENT: The tbllowing members were present
The Hon. Dalmas Otieno, MP
The Hon. Kirairu Murungi, MP
The Hon. J.C.N. Osogo, MP
The Hon. Peter Maundu, MP
The Hon. Kipkalya Kones, MP
The Hon. G.G. Kariuki. MP
The Hon. Moses Wetangula. MP
The Hon. George M. Anyona. MP
The Hon. Norman Nyagah. IvlP
The Hon. Maru Wamae. MP
The Hon. J.lvI. Shik-uku, MP
The Hon. Dr. Bonaya Godana. MP
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The Hon. Dr. Lwali Oyondi. MP
ABSENT WITH APOLOGY:
The Hon. Julius ole Sunkuli. MP
The Hon. Dr. llukhisa Kiruyi. MP
The Hon. Manha Karua. MP
The Hon. F.N. Kagwima. MP
The Hon. George Nthenge. MP
The Hon. Abubakar Badawy. MP
The Hon. Henn'Obwocha. MP
IN ATTENDANCE: IVIr. J.N. Vlwangi Senior Clerk Assistant
Mr. Njenga Ruge Clerk .\ssistant
Mr. S. llwenesi Advocate
!lIN.NO.35/97: CONFIRMATION OF NIINUTES
Minutes of the Sixth sitting held on Tuesdar t)th September. 1997 rvere
confirmed by the Members present and signed hr the Chairman (Hon. Dalmas
Otieno).
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{ MIN.NO.36/97: HAIIDING O\aER OF TIIE REPORT
The chairman (Hon. Kirainr Murungi) handed over the report of the
Committe to the chairman of the co-ordinating committee (Hon. Jilo Falana).
*
MIN.NO.37I97: ADJOURI{MENT
$ Mr. Chairman (Hon. Kiraitu Murungi) concluded deliberations on
Constitutional, Legal and Administrative Reforms and brought the meeting ro
I a close at thirty minutes past Seven O'clock.
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