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Simple Process to New Constitution & Peace
Written by Dan Kamau   
Sunday, 13 January 2008
For Kenya to achieve peace and investor confidence as we come out of this dark time, a process to overhaul the constitution should be started. The constitution made should guarantee Kenyans that the election will always be free and fair and also protect Kenyans from each other and from their leaders. This is not something that Kibaki and Odinga should be given sole responsibility, nor is it something that any party should be charged with; but it something that all leaders and Kenyans be it religious, community, media and political should embrace and bring to a timetable for the sake of Kenya peace and prosperity today and to the future. During the campaign all the leaders promised a new constitution in 6 months. The problem was this new constitution would have been based on their wishes. However to be able to achieve a constitution that puts Kenya and Kenyans first above leaders, the first thing is accepting three things: How this constitution will be made? How you select those who will make this constitution? Who can qualify? The time frame to achieve this? 
Last Updated ( Sunday, 13 January 2008 )
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Can Kenya Constitution ensure free and fair elections and prevent violence and death?
Written by Dan Kamau   
Sunday, 06 January 2008
The Kenya Constitution failed Kenya. The constitution was not strong enough to contain violence and ensure a free and fair election. Peace should prevail at all times. The constitution of a country is the only document that can ensure this. The current constitution lucks in ability and neither would the Bomas Draft have prevented the violence and death that marred the campaign period, disputes in results, and confrontation by agents of ECK and parties. In case of a too close to call raise or even a tie of votes the clause below would have ensured peace.

Tie votes or votes destroyed by a criminal or natural cause clause:
If a contest in the Presidential office occurs and it cannot be resolved in 14 days and no Judiciary case is open then there shall be a vote of President through secret ballot for the two candidates with the highest number of votes by the newly elected Members of Parliament. The attorney general will also vote if the head count is an even number.
The new electors shall convene in parliament at 4 pm on the 14 day. The ECK chairman shall read a detailed report of why a popular vote could not be arrived that shall not exceed 30 minutes.
The speaker of the house will then create a voting booth and the ECK chairman shall issue a ballot to all the electors (MPs and attorney general if the head count of electors is an even number) The ballot shall contain the two names of leaders.
The voting shall be done in secret but the procedure shall be televised live on television.
Whoever wins the majority of the combined 210 votes MPs and one vote attorney general shall become President.
During this duration no Member of Parliament elect or the attorney general shall talk to either of the candidates, to a friend or colleague or any other person including their spouse and children about who they shall vote for. Nor shall they ever talk about who they voted for as long as they are in political office. If an MP or the Attorney General talk they will be in violation of this responsibility and will lose their public office and further be barred from holding elected or public office for a period of ten years as provided by this law of the constitution.

Other suggested ways to strength the Kenya constitution and make the elections Free and Fair and with Zero tolerance on violence.
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Peaceful Election Ends with Violent Killings. WHY?
Written by Kenya Review Team   
Tuesday, 01 January 2008
As violence and death toll increases, the question that will haunt many Kenyans is: How is it possible a peaceful election would turn out to becoming a violent encounter. How could neighbors turn against each other and break God’s commandment of loving each other to the point that they are breaking God’s commandment, “Do not Kill!”

Mr Lambsdorff of European Union said, “Discrepancies noted in the Molo presidential votes were ignored by the commission. The tally announced in the presence of our agents was 50,145 for President Kibaki while the Commission announced 75,261.” From this statement, anyone can raise doubt and investigate the results. Question: Was the result reduced to 50,145 or increased to 75,251 votes?

As a representative of EU, Mr. Lambsdorff should also help us understand what two vote tallies in the public domain could do to a country. Questions: Is it right for a political party to release their own results? Is this an accepted international standard? How does releasing another result affect the credibility and integrity of the result? Is it possible today that the 2 tallies are contributing to the violence in Kenya today?
The ECK tally of (Kibaki 4,584,721), (Odinga 4,352,393) and (Kalonzo 879,905) a 70% turnout.
The ODM tally released by ODM party shows (Odinga 4,215,437), (Kibaki 3,748,261), (Kalonzo 630,849). This is a 60% turnout.

Last Updated ( Tuesday, 01 January 2008 )
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