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Weak CIC, LSK & University Law Schools, Enable Kenya Parliament to Pass Unconstitutional Bills!

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Picture (File) Constitution Implementation Commission (CIC) Mr. Charles Nyachae and Ms. Catherine Mumma read constitution as they answer questions in Boston Picture (File) Constitution Implementation Commission (CIC) Mr. Charles Nyachae and Ms. Catherine Mumma read constitution as they answer questions in Boston

The media bill passed is today considered unconstitutional. The County Development Boards Bill that creates a Board chaired by the Senator to make the development decisions of county amends the constitution and changes the way Sovereign Power is exercised. You would think that the discussion would be heavy in led by University Law Schools, or the Commission of Implementation of Constitution (CIC), or the Law Society of Kenya (LSK). However, this continuous creation of bills that weaken Kenya constitution is a reflection of how intellectually weak the CIC, LSK and the Deans and Scholars in law schools are.

In constitution article 1 (2) the Kenya citizens stated and agreed to the constitutional law, “The people may exercise their sovereign power either directly or through their democratically elected representatives.” In constitution article 1 (4) the citizens to whom sovereign power belongs to then stated and agreed to the constitutional law, “The sovereign power of the people is exercised at–– (a) the national level; and (b) the county level.” In schedule 4 the citizens of Kenya broke down the functions of the two levels of government.

Once this bill becomes law it will have violated article 1 (4) specifically the words “is exercised at…” A Senator as a national office holder is not given power by the people who constituted the constitution to exercise power on every issue of county development. For example the County Development Board does not have the sovereign power to decide the funding and implementation of a County Road paving. This constitutional power rests with the County Assembly and thereafter executed by the County Governor. The Senate and Parliament however have the power to set the minimum standard law this achieved through a general policy all counties should follow.  

The residents of the ward elected a representative and assigned the representatives 14 functions to legislate on after the revenues are raised from taxes or loans the residents contribute or guarantee. For Sovereign power to belong to people the Senate and indeed Parliament should stop assuming that they have power to create bodies that should supervise others. The constitutional law created by article 1. "(1) All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution." This law should be upheld by every bill passed. 

Just like the county assembly is not asking that national boards by created that the MCAs, as democratically elected leaders, can serve in so they can have say in the 35 functions; the national representatives should also not have the power in any of the 14 functions of the county assembly that is not assigned by the people to whom sovereign power belongs to.    

It is unfortunate that there are many Kenya University Law Schools in Kenya yet the Deans and Scholars in these law schools cannot be able to guide this through discussions even in lectures halls. The next generation of Kenyans can easily be robbed their constittuional rights to having a better nation if scholars do not lead in ensuring that parliamentarians do not create bills that are unconstitutional. It is the role of scholars, CIC and LSK to ensure that Kenya Constitution article 3 “(1) Every person has an obligation to respect, uphold and defend this Constitution,” is obeyed. 

The Senators and Members of parliament currently think that they are saving Kenyans from these Governors and Members of County Assembly. Unfortunately, they are not; once a law passed violate the constitution then the constitution becomes weak and the end result is a collapsed nation economically. The problems of waste and others can be corrected one county at a time by the residents either moving out to counties with better economies or residents recalling representatives. The creation of an unconstitutional system is hard to correct. Indeed the number one cause of poverty is this unconstitutional systems.  

Parliament is currently destroying Kenya constitution as Scholars in University Schools of Law teach law, a Commission of implementation of Constitution funded with millions of shillings by tax payers spends the millions and the intellectual authority of Law "the Law Society of Kenya," joins all Kenyans in appearing clueless to this fact.    

DUT
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