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CELAK October 2011
Newsletter:
Newsletter 2011
KENYA CONSTITUTION IMPLEMENTATION
ACTS OF PARLIAMENT AND BILLS:
Documents available in
Our Resource Centre (Click here to Access)
Books by the Chief Executive Officer of CELAK:
About The Writer:
Dr. Billy Nyangau Onwong’a
He is a scholar and an exemplary well seasoned writer on non-fiction
contemporary issues of or time. He is educated in Kenya and USA. He
worked as Bank Manager, Factory Manager, united Nations Project
Manager in New York. He is a Consultant, Author, and Executive
Director. He also served as a Delegate to the National
Constitutional Conference in Kenya, where he was elected the
chairman of Committee on PREAMBLE and member of the Steering
Committee.
He is also the author of: Coming to America,
Alternative thinking, Disconnection of Generations, Life struggles
and Love Connection, The theory of Demand and Supply, The people the
constitutional review and the government 1st and 2nd editions. The
Kenyan Renaissance, The Kenyan Second Liberation.
FIRST BOOK.
Price KSHS 400
or $6.00; plus postage
The Evolution of
Constitutionalism and
THE KENYAN RENAISSANCE
“For the welfare of society and government of the people of
Kenya.”
By BILLY MAGETO
ONWONGA
Third
Edition.
First
edition of this book was recommended by Constitution of Kenya Review
Commission--CKRC as a reference book in Provision of civic education
and is available in all CKRC documentary centres, institutions of
learning, public libraries Civil Society organizations and free on
the Internet.
THE PEOPLE
The Constitutional Review
AND THE
GOVERNMENT
VOLUME ONE
THE PHILOSOPHY
OF A REPUBLICAN
SECULAR CONSTITUTION
Citizens are the sole source of legitimate sovereign authority.
A sovereign
Constitution is the supreme law of the land and any other
Constitution or law that provide otherwise is null and void.
Sovereignty of
the people and constitutionalism
To ensure that the country practice and is governed according to
the constitution to benefit the people and the rule of law must
apply equally. We have successfully moved away from kingdoms where
kings ruled to Republican states where elected leaders serve.
CONTENTS
ABOUT THE
WRITER.................. IX
PREAMBLE…
......................... XV
ACKNOWLEDGEMENT .............. XVIII
PART ONE
-
CHAPTER ONE: IN
PERSPECTIVE. 1-22: AT THE BEGINNING OF CONSTITUTIONALISM.
-
CHAPTER TWO: THE ORIGINAL
AGREEMENT 23-61 Constitutional evolution, The
sovereignty of the people, what is government? Partnership in
governance.
-
CHAPTER THREE: QUESTIONS
AND ANSWERS 62-84: What is a constitution? What is
Constitutional law? What is Constitutional legitimacy? What is
constitutionalism? What is democracy? What is Civil Society? A
constitution is our political holy writ.
PART TWO
-
CHAPTER FOUR: Colonial
Independence Constitution, African and Kenyan constitutional
experience, Kenyan Framers, stages of political development,
Genderism and Idealism 83-104
-
CHAPTER FIVE: AFRICAN
DEMOCRACY, 105-131. Genderism- Cultural conflicts and
emerging of women, and Idealism—moving from ethnic to
ideological politics.
-
CHAPTER SIX: KENYAN
CONSTITUTIONAL EXPERIENCES: 132-152: The Colonial,
Parliamentary amendments that followed and the clamour for
Homegrown Constitution.
-
CHAPTER SEVEN: PROBLEMS
THAT SET THE HELL LOOSE: 153-193. Wrong amendments to
the Independent Constitution, Confusions on
theory of government, corruption, Circumstantial theory of
government, fear of monarchial engulfment, injustices and
conflicts, electoral interference, facilitation, suspicions and
mistrust, and Corruption.
-
CHAPTER EIGHT: CORRUPTION
AND LOYALTY TO KANU. 194-211. Moral and political will
across the divide to eliminate corruption and remove the Kanu
regime from power.
Summary Of The
Book.
This book traces the formation of
human communities, the need for structural governance and how the
custodianship of sovereignty has been shifting over the centuries
from mythical, natural forces, monarchs, colonization, and to the
people of the Republican State where people exercise their sovereign
authority either directly or through their representatives. It
outlines change as a constant inevitability, and the relationship
between the State and citizens with special reference to African and
Kenyan governance.
SECOND BOOK.

Price KSHS 500
or $7.95; plus postage
THE KENYAN SECOND
LIBERATION.
SECOND LIBERATION, SOVEREIGNTY OF THE
PEOPLE AND HOMEGROWN CONSTITUTION.
We, the people of Kenya, being
the sole source of legitimate sovereign authority and given that
the Land, the Constitution and its provisions are the property of
the people of Kenya, we unite to form multiparty democracy,
establish justice, ensure domestic tranquillity ............. "
The Kenyan story of the
century as told by a Kenyan who watched the events unfold before his
eyes.
Prepared by:
Staff of Centre for Economic & Libertarian Affairs.
Email:info@un.org
Printed with the support from
National Endowment for Democracy, USAID, Royal Danish Embassy.
Published and Printed by:
Bimos Printers & Supplies.
P.O. Box 16733, NAIROBI.
Any part of this
publication may Not be reproduced, used, and transmitted in any
form, or by any means--electronic, mechanical, including
photocopying without the permission of the author or the publisher.
No organization or individual can reproduce or copy any part of this
book for sale and claim exclusive rights.
Copyright © By Billy Nyangau M.
Onwonga
Published and Printed: May 2004.
My special thanks to NED, Westminster FOUNDATION for
Democracy, USAID, Friedrich-Ebert-Stiftung, and
Konrad-Adenauer-Stiftung.
Contents
-
CHAPTER ONE: In perspective 1-32
-
CHAPTER TWO: SECOND LIBERATION AND LIBERALIZATION:
Global and local wind of change, populous demand of the
people, the dangers Kenyans were facing for not reviewing the
constitution, consultations, start of reforms, role of the
principal, the role of reformers, Effects of colonial
programming, Collision course, co-existence, Enactment of
constitution review Act. 33-50.
-
CHAPTER THREE: Beginning of the constitutional
review process. 51-85
-
CHAPTER FOUR: INTERVENTION: THE ROLE OF CIVIC EDUCATION:
Kenyan experience. 86-95
-
CHAPTER FIVE: THE PREPARATION AND STALEMATE PERIOD:
Ufungamano Initiative-- Peoples' Commission of Kenya
(PCK), Parliamentary Select Committee (PSC) formed Constitution
of Kenya review commission, merger. 96-114
-
CHAPTER SIX: THE END OF AN ERA: Scuttling of
the October 2002 conference, Third President inauguration and
expectations of the people, Bomas I-continuity of the aborted
October 2002 conference, Adjournment and resumption of the
conference. 115-124
-
CHAPTER SEVEN: what did we learn from Second
President? 125-159
-
CHAPTER EIGHT: THE BEGINNING OF ALLIANCES AND COALITION
ERA: The Third President inauguration
and expectations of the people: 160-180
-
CHAPTER NINE: NCC I: THE SECOND NCC DELEGATE MEETING.
182-213.All the activities at the National
Constitutional Conference.
-
CHAPTER TEN: NCC II-- COMMITTEE WORK: 214-260
-
CHAPTER ELEVEN: BOMAS III 265-304
-
GLOSSARY 309-328
Summary
Of The Book.
This book outlines the Kenyans clamour
for a Homegrown Constitutional dispensation that could complete the
second liberation. The objective of the second liberation was to
remove colonial indoctrinations, bad leadership and redesign our
institutions, distribution, and allocation of Sovereign Authority of
the people--Horizontally and Vertically in a devolution system of
government; to decongest the centre remove absolutism,
totalitarianism and imperialism. Kenyans wanted to take ownership of
their country and sovereignty, create responsive structures and
institutions that would exercise the delegated Sovereign Authority
independently and fairly to benefit the people.
It traces the steps of the review
process from Consultations, formation, composition and role of the
constitution review Commission, Committees, Government and the
National Constitutional Conference. On 15th March 2004 New Homegrown
Constitution was Adopted by the conference.
For
further information, Book Purchase or Donations please contact us:
info@celak.org
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