FREE KENYA, Moves To Court Over Referendum

FREE KENYA, Moves To Court Over Referendum 1

Free Kenya is an initiative and a movement that is committed to ensuring that justice is served to every individual. The movement that consists of tens of thousands citizens have managed to achieve the following:

  1. Procurement of a bank account with a pay bill number and a website that people can register online.
  2. Collection of contributions from members, (many are ordinary folks with very little income), to institute a petition to challenge their registration status which resulted in Petition 109 of 2020.
  3. FREE KENYA has held broad-based consultations both locally and internationally over the initiative’s proposals.
  4. In 2018 July, amid the noise about loading VAT on petroleum products, FreeKenya Initiative emerged and yielded a realization that cost of production, hindered industrial progress and too much mopping up of finances from the grassroots killed the Mama Mboga Wanjiku economy so much that rather than broaden the tax bracket, it constricted it.
  5. FREE KENYA mobilized through a procession to parliament on the 20th of September 2018 to remind the MPs of their cardinal duties. FreeKenya ultimately came up with a Popular Referendum Initiative which based its elements on developing the grassroots and thus the formation of a politically neutral referendum process. It is the reason for Petition 109 of 2020 as FreeKenya had sought registration as a society but was denied in questionable circumstances.

FREE KENYA Is Pushing For The Following Discussions About Amendments:

AMENDMEND NUMBER 1 – TAXATION REFORM – This will spar grassroots economies by allowing locals some purchasing power.
AMENDMEND NUMBER 2 Divided as 2A and 2B – RESTRUCTURE OF STATE AND GOVERNANCE SYSTEM
2A refers to – ENHANCEMENT OF CITIZEN INTERACTION WITH STATE

2A (i) PEOPLE’S GOVERNMENTS – Bring Money to the people, through people’s governments to play the people roles.

2A (ii) PARTICIPATION – Remove the public participation from the implementers to deal with conflict of interest as they would not do justice to it

2A (iii) RECALL The IMPEACHMENT in a manner that is workable as the current scenario favours only the elected and not the voters when they need to remove elected leaders.

2A (iv) FREE & FAIR ELECTIONS and INSTITUTIONAL POLITICAL PARTIES. Ensure political parties right from formation and management are institutional and not personalized or tribal to encourage issues based politics.

2A (v) REFERENDUM – This is the expression of the people and should be allowed to be clear, to cover other aspects and counties should be able to be done as well as on other issues that are not constitution redefining (As not article 255) and also to be done cheaply.

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AMENDMEND NUMBER 2B – RESTRUCTURE OF STATE AND GOVERNANCE SYSTEM – Through this amendment FREEKENYA SEEKS THE GUIDANCE OF WANANCHI in broad-based discussions over the following as well as input for proposed changes meeting the call for RESTRUCTURING of Governance

2B(i) REPRESENTATION – Ensure PWDs, Youth, Minorities and women are part and parcel of decision making processes by their own right.

2B(ii) – CAPPING GOVT EXPENDITURE to 30% – REAL ONDOA MIZIGO by ensuring that all ministries all departments, all commissions, all agencies of government, parastatals, Semi-Autonomous Governmental Authorities and every institution& programme that spend public funds (And net effect Government in entirety) is cap at spending just 30% or below in Expenditure and 70% is available to pay police, teachers, doctors, lecturers, nurses, dentists etc. DEVELOPMENT with the lion’s share of 70% .

2B(iii) – ENHANCED DEVOLUTION – Taking resources to the people starting from their villages, sub-wards, wards and sub-counties and ensure county resources are secured, commissions and independent offices are devolved.

2B (iv) – INDEPENDENT COMMISSIONS AND OFFICES – Recreate CRA to become the commission of commissions and will receive 10% of the national revenue and share it out to all commissions and independent offices. No other commission will be subjected to finance freeze by parliament or executive as commissions having 10% budget allocated directly from the constitution.

2B (v) – 15% HEALTH & 10% FOOD SECURITY IN COUNTIES – ALLOCATIONS TO UNSURE A WELL FED AND HEALTHY NATION

2B (vi) – NATIONAL VALUES ENFORCEMENT – This is the software of the constitution. The Republic of Kenya is founded in the National Values.

Inclusivity – A Thought

Take the case of inclusivity. How about discussion surrounding the Switzerland model? For Kenya that could mean a tri-presidency (1person among 3 serves for 20 months [in a 5 year term] or 2 years [in a 6 year term]) the three are one from large communities (3M and above; another from mid-sized communities 1-3M; and the 3rd is from small communities (less than a million) and communities involved will only get another chance to serve after 20 years.

This means one cannot win an election by bringing tribe votes together as no two large tribes will participate to form a tri-presidential ticket. One may have to win an election on ideas and this involves all communities – A Mijikenda, Marakwet, Pokomo, Meru, Masai, Kuria, Turkana, or Kisii will be one of the 3 Presidents. It will also mean one cannot assemble a few of the large communities to get numbers to get the presidency.

This arrangements means one of this large communities serves once for 20 months and can only be eligible after 20 years. It means winning an election (Because one team of three may face another number of threes from the communities that are eligible) will only be secured through advancing issues.

How About Representation?

– We elect MPs from counties and we elect based on size or population. Eg. Nairobi get to elects 15MPs. (12 MPs on the Gender Platform and 3 MPs on the Minorities platform –

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The minorities platform is 3 slots in all cases. The gender platform is an even number) – all will have to campaign for their seats and once elected, they have equality of representation of the Peoples of Kenya or for MCAs, the people of the county they have been elected)
6Male & 6Female;

Unified Ticket Of 1Youth And 1PWD Where One Must Be Of Opposite Gender;

One ticket available for Minorities – {Communities considered so in such counties; Professions that have not been getting elected; Intersex and elders compete for one ticket}.
Smaller counties start at 5MPs (2 for gender platform and 3 for the minorities platform) and others in between 5-11MPs.

In this arrangement, we could have the Kenyan Diaspora given National Assembly representation by electing 14 people (7-male and 7-female) (2 per each of the seven continents).

In this arrangement, MCAs will be elected from the 290 constituencies with 5 people per constituency using the same parameters (2 for the gender platform and 3 for the minorities’ platform) – going to the county assemblies.

In this arrangement, Senate will be the upper house with its own Speaker but will comprise of the same MPs but this time voting county collectively and will seat twice a month and each county will nominate a county captain to lead the senate delegation.

In this arrangement, MPs are equal and all elected and since FreeKenya is pushing for a People’s Government Structure (Makueni), which will be in charge of 10% of ordinary revenue, this people’s governments will take over the running of CDF to be reconfigured as Village Development Funds, Sub-Ward Development Funds, Ward Development Fund and Sub-County Development Fund as well as ensure Quantifiable Public Participation.

The discussion will also be directed if the People’s government structure can take over the roles played by the provincial administration. The people’s governments are not paid for their work but draw allowances that will be set by the relevant body (SRC)

In this arrangement, there will be gazetted Town halls (Social Halls) across the country where a group of 3 legislators will meet the electorate weekly on various town halls in the country and for MCAs in the counties and table reports to parliaments that legislators will be expected to use to form bills, oversight, motions and ask question in legislatures.

In this arrangement, legislators will submit a report monthly to show how they have delivered on representation, legislation, and oversight to secure their monthly salaries. For a long time, the work MPs and MCAs do is never really quantifiable. The millage claims will be a thing of the past. Legislators will now have to make relevance in parliament, through bills, oversight, and representation – not outside parliament.

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Other Creative Change Mechanics Being Considered To Include:-


• 35% to counties;
• 10% already going to Peoples governments;
• 45% to National Government
• 10% to Commissions – There will be a commission of commissions that allocates these resources among the various commissions and independent offices and reports to parliament (Parliament does not, therefore, allocate resources to commissions but oversights how these allocations (Made by the [commission of commissions] were utilized);
• We are also looking at creating a quarterly electoral college of Kenyans who will be selected here through lots to make appointments in commissions and independent offices and sit for 2 weeks and receive allowances as per SRCs directions. Interestingly, here both Police, EACC, Judiciary have been ineffective because they are controlled by fund allocations. In Kenya, a person targeted by the elite could run to the courts, but now after the handshake, courts are ‘behaving the way political elites expect’ then too.
• 15% of the allocation to counties to go to healthcare and 10% to food security.
• Ensuring that government expenditure is capped at 30% with 70% going to development etc.
• Preventive of corruption rather than curatively – Deal with corruption by building a system that is developed in a way that it is anti-corruption tolerant. FREE KENYA feels this is extremely important as by the time that fighting corruption is seized of a potential case of corruption, it will be several years after the act has been committed and even harder when powerful lawyers are hired to put hurdles to this fight.

FREE KENYA feels that as citizens we must discuss truly freeing institutions such as legislatures, independent offices and commissions to put hurdles to money heists getting done through dubious deals in government in the first place. Prevention is usually better than cure.

The Above Changes, According To FREE KENYA Will Ensure:


1. The constitution is self-implementing
2. Spreading of economic resources and stemming inequality
3. Bring the involvement of the people with their issues affecting them to harmony
4. More focused clarity on the roles and duties of the public officials
5. Reduce corruption, reduce misuse and reduce the loss of resources and loss of revenues
6. Increase in taxation efficiency and collections

Members of the public can register with the movement on website

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