The Constitution Review Process

The latest in the battle for supremacy starring the MPs and the MPs, is centered on the constitutionality of the constitution. Funny, I know!

The constitution review process hits parliament this week. May it be known that the constitution grants only a 30 day window for the parliament to discuss the proposed draft of the new Constitution. Our dear MPs have spent 20 of those days in waste of money retreats looking for the so-called consensus. I am all for consensus but, our MPs give that word a totally new meaning. The retreats were seen as an opportunity for them to try and rewrite the draft. They wanted to create more power for themselves.

But back to the constitutional review process,
The Parliamentarians argue that the Committee of Experts can not have more powers than the Parliament. They want the power to rewrite the draft constitution.

The Constitution of Kenya review, 2008 Act (CAP 9) which is the guiding law on the review process states that:-

Section 33 (1) If the Parliamentary Select Committee shall, within twenty-one days, resubmit the draft Constitution and report presented to it under section 32(c) to the Committee of Experts with the recommendations agreed upon as a result of its deliberations, and the Committee of Experts shall revise the draft Constitution taking into account the achieved consensus.

(2) The Committee of Experts shall submit the revised draft Constitution and its final report to the Parliamentary Select Committee within twenty one days.

(3) The Parliamentary Select Committee shall, within seven days of receipt of the report and the draft constitution under subsection (2), table the report and draft Constitution before the National Assembly.

(4) The National Assembly shall, within thirty days of the tabling of the draft Constitution under subsection (3), debate it and -

(a) approve the draft Constitution without amendment and submit it to the Attorney-General for publication; or

(b) propose amendments to the draft Constitution and submit the draft constitution and proposed amendments to the Attorney-General, who shall, within seven days submit them to the Committee of Experts for consultation and redrafting.

(5) Where the National Assembly submits the draft Constitution to the Committee of Experts for consultation and redrafting under subsection (4) (b), the Committee of Experts shall, within seven days of receipt of the draft Constitution, consider the proposed amendments and submit the draft Constitution to the National Assembly.

(5A) The National Assembly shall consider the draft Constitution submitted under subsection (5) in accordance with the provisions of section 47A(2)(b) of the Constitution.

(6) If the National Assembly fails to approve the draft constitution in accordance with subsections (4) and (5), a joint meeting between the Parliamentary Select Committee and the Committee of Experts shall be convened by the chairperson of the Committee of Experts to consider the issue or issues and to make recommendations to the National Assembly.

(7) In considering issues not approved by the National Assembly, the meeting convened under sub section (6) shall invite the Reference Group to make recommendations on how the issue or issues may be resolved.

(8) The meeting convened under subsection (7) shall be held in consecutive sessions over a period of not more than seven days and shall be chaired by the chairperson of the Committee of Experts.

(9) Upon decision of the meeting, the Committee of Experts shall, within seven days, revise the draft Constitution and submit a report and the new draft Constitution to the National Assembly.

(10) The National Assembly shall within twenty-one days approve the draft Constitution and submit it to the Attorney-General for publication.

Section 33 of CAP 9 clearly states that, the power given to the Parliament in the review process. The Parliament is supposed to debate the proposal and if a simple majority is in agreement the same can be approved. Further, the act gives the parliament the power to vote on proposed changes of which the same will be forwarded to the Committee of experts who together will consider the proposed changes and may make the changes. What I think really gilds them is, the changes can be rejected and the draft can still make it to the referendum.

On a personal level, I do not think the draft is perfect but I have bigger issues with the proposals being put forward by our dear MPs. I have never understood the relevance of a Majimbo system to a country so divided. What it spells out, for me, is the desire for politicians to keep the country divided enough for all of them to be presidents. They want more power and how else to get that to play one against the other.

Let us hope that whatever the outcome, the Kenyan people are the Victors.

Hard knock - not yet!

So hard!

Life is clearly not the bed of roses, in our childhood stories. It is tough and sometimes patience does not pay (you die trying instead of rich). But, I still do not think that children should be exposed to the harsh reality in their childhood. This is a contradiction, I know.

I am thinking that, the greatest part of life that each one of us had, is the love and protection that we had when we were children. We were in a cocoon shielded from the harsh realities of outside. We dreamt and we lived, truly lived. As a child I wanted to live in the world beyond. I wanted to grow up and see the world, so fascinatingly untouchable. Now, I just want to sleep. That’s, of course, besides the point.

The point is kids should be kids. There is a lot to contend with once they grow up. It is hard in the world as it is currently. You have babies watching TV and understanding the art of making babies but not knowing the consequences thereof. Scary, very scary. But, you try our best to normalize the world for as long as you can.

One day the cocoon will open and the baby will be a full grown butterfly and you will pray for the rest of your life.

You will pray that you taught enough,

That you loved enough,

That you taught right and loved right,

That the world outside will not be so unkind,

That the child will always be strong,

He or she will believe in the goodness in the world.

You will of course remember to pray that your child does not become the hurt, the pain and the regret of someone.

Being a parent is scary and I salute mine. I salute that my mother is sane despite all attempts by us to drive her insane. I am thankful that I have parents who have dedicated their lives to loving me and worrying about me J

In whose eyes I will always be the little girl and young lol

My amateur thoughts on the proposed constitution draft

So, I am not the biggest fan of politicians. Unfortunately for me, these are the same guys who are supposed to debate and decide on what will be the new constitution to guide every aspect of my life as a citizen. That is plain scary!

I have looked at the draft, slight perusal. The first draft was ridiculous, as far as I was concerned. The idea that for us to be considered a democratic state we have to transport wholly a foreign constitution, is crazy. This country is way too small to have two centers of power. A federal system works best when the country is fairly huge. At the same the country so divided along tribal lines as mine is, a federal system will further encourage tribalism. That is the reality, anyone who states otherwise, lies. There was the whole complicated way of choosing the president, an electoral college????! Thank God somebody stopped that nonsense.

The second draft, not too bad. It is a starting point. First, there is focus back to a central power. Any Kenyan voting would like to know that they are voting for the guy who is going to be the president. Nobody wants to be led by a guy you had no say in choosing.
Second, there is a creation of a more powerful parliament which, if it works properly, should provide the needed checks and balances on the presidential power.

Of course, there is the kadhi courts issue. I still do not understand why the religious leaders are incensed. Kadhi’s courts are in the current constitution. The new proposed seeks to maintain that same position. Religious leaders are arguing that to constitutionalize the status of the kadhis court, is to recognize the Muslim religion in the constitution. I think that argument is misinformed and ignorant. The kadhis court only has jurisdiction over civil matters being marital and divorce mostly. The parties must both be Muslim adherents and they must voluntarily submit themselves to the jurisdiction of the court. Anyway, there is an appeal provision to the high court.
I ask again, what is your problem religious leaders?
I am a Christian and I have no issues with that. I think it is petty to threaten mass boycott against the new constitution because of the presence of the kadhi courts. It does not in any way interfere with the secular status of the country.
I would discuss the abortion aspect or contention in the new proposed constitution but I do not have that much time. But, I do think that there should be consideration for doctor approved termination of pregnancy in the case where the mother’s life is in danger. Further, I am leaning towards the consideration of the woman pregnant in a rape situation or incest situation. As I said, not enough time.

I think that if the politicians stopped for just a minute and reminded themselves that, the constitution is not only meant to serve them in the 2012 election but it is meant to serve and protect their descendants in the future.

The debate on the constitution should be entering its 12th day now but, it has not even started. Members of parliament are still running around, campaigning for a consensus retreat. People, get over the fact that you will not camp in Naivasha and go debate, which is your work!

Point to be noted, regardless of whether these guys go to Naivasha and reach a consensus; they will still need to come up with 145 votes to amend anything in the proposed draft. Clearly, they are wasting precious time avoiding the debate..

!hola!

Dia es aburrido. Estoy enferma y necessito un medico. Estoy cansado sino cansado siempre. quiza no enfermo...hhhmmmhhh...No comprendo espanol pero queiro lo hablas.

I have no idea if any of whatever i have written, makes sense. I actually like this Espanol phase of mine. Esta muy diversion. I wish i had more time for it though. Between the working and chores, i hardly have time to do my own things.

what i love about learning this language is that, i get the words when they are spoken by a spaniard. I actually get the words, process and understand. That i think is the joy of learning a new thing. To have it work for you.

I might not have time but, i have the internet and stolen time (on net instead of working)

So for now, Hablas esapanol? No Pero esperor que si pronto :)

predictability Personified!

I still enjoy sortilegio very much. WHY THEN OH wHY does it have to be so predictable. I mean you can see the script coming right at you a mile a way (love this cliche). So from my last blog on the tears, the crying has continued :). Victoria told her children (and i am counting Alex as one of them), about Antonio Lambardo being their father. Alex finds out he is hurt but still loves his mother, Bruno finds out and he is maaaaaaaaaaaaaddddddddddd and abusive: Are they really of the same loins?? Me is in doubt! The gall of this boy, called his own mother a whore! Bring that crazy man to Africa we kick a little bit of respect into his being. As for raquel, well she is in love with her own brother ( she actually offered herself to him in one of her drunken moments) so we can all guess her reaction. It turns out though, Raquel has a lot more class than her brother: She did not want any scandal and preffred quiet settlement of the issue. It killed though, that they have become like those 'people', the samaniegos.

There is ofcourse trouble in romance ville because of one Mario AGUIre. Maura and the sister came up with a plan to create a fake lover for MJ. Ullises, the irritating one, was more than happy to come on board as the caller. Bruno hijacks the plan and starts sending MJ flowers.

Alex is a sweet one but he does have the jealous temper. He practically dragged MJ to their bedroom to explain herself and who is this Aguire. Oh, did i mention that on one of his jealous moments he got so moody he did not touch MJ. Be warned for all of those dreaming of the day you be lucky to be su mujer, do not make him angry the abs don't come out!

Now we know that there is a setup and so does MJ (Did Alex not get the script?). Victoria is still her delusional self. Maura riding on that same ship Victoria is on. Bruno, the devil's child, is making his father proud. Raquel, that drunkard is still sad and is planning on having an affair (should make her alittle more interesting). Paula is about to learn that you do not drive unless the person teaching you is a professional and definitely not friend with Bruno's.
Alex and MJ, we still rooting for you. And Alex we love the rough you :)

Tonight more!

The vamp and the school gal get on the list: Vampire diaries season 1, Episode 10

I find it amazing that years on, I am still in love with TV. I love watching TV. Its just one of those things that sums up entertainment. The best thing about it, the reason why I am still and addict, is the scenes that caress your heart and make you smile with a tear in your eye. Vampire diaries just gave me my laughing tear drop, the scene that makes what to dream and believe. This scene is, coincidentally, a favorite of Paul Wesley, Stefan Salvatore. The fact that it is the first love scene between Stefan and Elena, is accidental or maybe not .
I do not think that there is a description I could do that will do this scene justice. So with shame, I try.
Season One, Episode 10 as so badly narrated by me ...
After the Salvatore brothers rescue caroline, .Elena offers to give Stefan a ride ( he does of course inform her that he can get home, and faster than one can drive a car, I AM A VAMPIRE!).
She parks outside the Salvatore monster of a house and for some reason I spaced out on that scene in the car. When he stepped out of the car I was so sure she is going to drive away. Viewer Ville has some power coz I know this viewer willed her out of the car too. (I am psychic loll)
“if you walk, you do it for you.” Elena screams (shouted is more appropriate but what the hell lets create our own drama baby!), “I know what I want..... I love you Stefan”
I was so with her there, I love you too Stefan...hhhmmmh

The camera goes to the shot of Stefan tortured back, should he or should he not?
Then he turns, looks at her and his resolve drains as he closes his eyes tortured willing himself to walk away but when he opens his eyes she is still there.
I was holding my breath as he rushed into her mouth .ah.. means arms lol

I am still holding my breath when they managed to stumble into the house. When he was kissing her neck I was thinking, please don’t bite her and spoil this for me. . lol
As our temperature rose so did his. Stefan’s face started cracking up and he got scared. He buries his head in her and turns away. He could let her see his ugliness
(Like Paul Wesley can be ugly??/). And I agree, this next part was just to moving. She holds him, tells him, “No, don’t stop ” or was that me...lol. She turns his head to face and he looked so scared. She touched the cracks under his eyes, so softly – petal soft, it made me smile .... In that moment, she accepted him the beautiful and the dark. I understood what made it a favorite scene for all who think it is.
She pulls him upstairs and I am thinking ...damn this stuff is romantic!

You know what I liked about the scene that followed, it was tender. I felt the tenderness, every touch. It was sweet and that vamp moved me.

So the love scene in vampire diaries season 1 episode 10 makes it to my top 100 scenes on tv

Yo no quiero ir a la oficina :)

see! I have learnt a very imporatant thing in spanish today. I learnt how to use verbs, quiero, ir and necesito. yipee!This is fun. well, kind of. I have a headache but i do not attribute that to the spanish lesson, it was barely thirty minutes, baby steps :)

I learnt 1-10 in spanish. for those of you seeking a crash course from me, emphasis being on crash, here goes:
One - Uno
Two - Dos
Three - Tres
Four - Cuanto
Five - Cinco
Six - Seis
Seven - Siete
Eight - Ocho
Nine - Nueve
Ten - Diez

There my first lesson to my blogs peoples :)

I need to get some rest before i become Loca.

Sois mi vida, mwah

Learning Spanish ...

I have embarked on a journey to learn Spanish. I have decided since i am unable to take classes, I am going to teach myself this language.Well, I am sure A lot of folks are wondering what brought on this need to learn Spanish. I have always thought that Spanish is interesting, I am more partial to French though. I have heard such nice things said about it that i think i should feel for myself. Might be also that, I am in spanish el chico muy el guapo, phase. But, it is also on my things to do before i turn a hundred better known as thirty.

So i did the beginner gender thing today. This was not hard at all because that is how French works as well. Everything is either male or female. The trick is, if it sounds hard or mean or bad it is male. This method of differentiating the gender workd pretty well for me.

SO today i have learnt the following words
el chico - la chica
el perro - la perra
la mesa
el abuelo - la abuela

I also remember that a dress is male but cant remember the spanish word for it. it maybe el verdino but that s just a guess. Okay, looks like i might be one of those slow learners :)

Oh, ONe more word: el hermano - la hermana

can you see how the female words sound sweeter. The female gender will be the words having the LA before them. 'La' is 'The'

Alot of spanish words are just french words every letter pronounced... For example el libro - le livre - book
Alot of words sound almost the same. So maybe i can perfect my french (I speak the worst french in the world- tres tres mauvaise ), see! Two birds with one stone, better french, a bit of Spanish :)

This is now the beginniong of my Telenovelas french influenced Spanish journey.

Parfavor!

Leaving and loosing the man of my dreams is the best solution I have evr come up with...Really!!!!

Is it me or is Maria Jose is starting to sound crazy. I mean totally possessed! How does her family leaving LA CASA Y EL MUY MUY BONITO ALEX solve the issue? Really, someone explain that to me.
So, it is either I am bored with the other people in the programme or, I have my eyes on one thing.
The fight scene was nice. Alex and Bruno, Des hermanos locos, got into a fight about MJ. the cause of all fight between these loving brothers. what i found quite funny was the naked bruno (In some nice yellow briefs) and a suited up Alex all over each other. The two of them tumbling down the stairs was quite nicely done. I think this is where poor Bebes Levy injured his finger. Yes, his finger was broken or something of the sort. At least he can show off that he had one more bruise than Bruno. Sounded funnier in my head.

Anyway, this whole discussion about periods is getting irk. And MJ is just plain irritating with this whole Divorce inquiries all the time. Woman, you married the hottest man on the planet and he is muy Riche and says he loves. Are you deaf, dumb and stupid. Am asking for real!

'You said you had feelings for me", Alex says. If those eyes were looking at me i would confess that on behalf of all women in the world. Those eyes and the intensity! (I need a fan or air conditioning; maximum cold please!)

Anyway, That was my sortilegio Night, the only comfort i got on a really stressing night.

Thank you Sortilegio

Tears and more tears!

So sortilegio on Friday was, as you can tell, tearful. I have never seen a man cry that much. Wait, I have! But they just were not as handsome :. This is the one episode i found myself thinking, this man is ridiculous. Tears are major Sexy but there is something as too much! i wanted to scream, STOP! somebody please change that script.

The split screens of two people suffering the same pain was cute. But as i said, the tears were too much.

The ending of the night, was probably the best thing of the night. Alex walking in with the most believable stressed man look on TV. He looked so washed out that he muy caliente, bonito. Maybe am just a sadist. Or i just think Levy est tres chaud, no matter what.

Anyway, that's all for today. Extremely short, i know, but there was nothing much. Just tears and more tears.