MEMORANDUM FROM SENGWER OF KENYA - PART 3

 

PART 1 , PART 2 , PART 3 , PART 4 , CODE LIST FOR 1989 POPULATION CENSUS

 

Index of this compilation

5.0 RECOMMENDATIONS TO THE CONSTITUTION OF KENYA REVIEW COMMISSION

5.1 Recognition and Identity

5.2 Sengwer Territory and District

5.3 Sengwer Ancestral Lands

5.4 Restitution and Reparation of our lost ancestral lands

5.5 Self-Determination

5.6 Land Control Board

5.7 Natural Resources

5.8 Government's discriminatory legal doctrines

5.9 Affirmative Action

5.10 Education

5.11 Rights for Children and Youth

5.12 Street Children

5.13 Health

5.14 Women Rights

5.15 International Human Rights Instruments

5.16 Customary Law

5.17 Conflict Arbitration Commission

5.18 Indigenous Vs Immigrants Treaty

5.19 Type of Government

 

5.0 RECOMMENDATIONS TO THE CONSTITUTION OF KENYA REVIEW COMMISSION 

"…Universal and lasting peace can be established only if it is based upon Social Justice." [56]

"Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world," [57]

"States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity." [58]

"In those states in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language," [59]

"Indigenous peoples and their communities…have a vital role in environmental management and development because their knowledge and traditional practice. States should recognise and duly support their identity, culture and interests and enable their effective participation in their achievements of sustainable development." [60]

NB. Kenya is a sovereign country made up of nations. In this perspective, Kenyan tribes must be referred to as NATIONS. For example, Sengwer Nation^^[61] <#_ftn61>, Ogiek Nation, Nandi Nation, Elmolo Nation, Maasai Nation, Tugen Nation, Kikuyu Nation, Ilchamus Nation, Rendile Nation, etc. 

5.1 Recognition and Identity

· Sengwer be recognised as a separate and distinct ethnic group in Kenya. 

· Sengwer be given identity code number 

· Sengwer code 081 for census be gazetted 

"Indigenous peoples have the collective and individual right not to be subjected to ethnocide and cultural genocide. Including prevention of and redress for:

a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;

b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;

c) Any form of population transfer which has the aim or effect of violating or undermining any of their rights;

d) Any form of assimilation or integration by other cultures or ways of life imposed on them by legislative, administrative or other measures;

e) Any form of propaganda directed against them. " [62]

5.2 Sengwer Territory and District

Sengwer to be given their own territory (Sengwer district) to be curved from West Pokot, Marakwet and Trans Nzoia districts. Sengwer territory will make Sengwer people become:

· A recognised and respected ethnic group 

· A dominant and a majority in her territory 

· Protected from extinction 

· Protected from discrimination and marginalisation 

· An equal partner of our country Kenya

5.3 Sengwer Ancestral Lands

It is our hope that the constitution shall recognise and respect every community's ancestral lands and land rights. These rights should be protected by the constitution. 

"Persons not belonging to these peoples shall be prevented from taking advantage of their customs or of lack of understanding of the laws on the part of their members to secure the ownership, possession or use of land belonging to them." [63] ILO Convention NO. 169 calls for special measures of protection of indigenous peoples land rights. This includes the following elements:

I. the need to respect the special relationship of indigenous and tribal peoples to their lands;

II. recognition of their traditional rights of ownership and possession of their lands, including both the individual and the collective aspects;

III. the need to identify the areas belonging to indigenous and tribal peoples;

IV. the need to protect indigenous and tribal peoples' lands from:

a) others coming into these lands for their own personal gain without permission from the relevant authorities, as in Brazil, where unregistered gold miners(garimpeiros) invade Yanomami territory,

b) outsiders trying to take lands of indigenous and tribal peoples away from them through fraud or other dishonest means."

5.4 Restitution and Reparation of our lost ancestral lands

We want restitution and reparation of our ancestral lands lost during colonial and post independent Kenya. We call upon the British and Kenya government to address this issue now.

"Whenever possible, these peoples shall have the right to return to their traditional lands, as soon as the grounds for relocation cease to exist." [64]

"When such return is not possible, as determined by agreement or, in the absence of such agreement, through appropriate procedures, these peoples shall be provided in all possible cases with lands of quality and legal status at least equal to that of the lands previously occupied by them, suitable to provide for their present needs and future development. Where the peoples concerned express a preference for compensation in money or in kind, they shall be compensated under appropriate guarantees."[65]

"The Lancaster House Conference in London paved the way for Kenyan independence from British colonialism and independence was scheduled for December 1963. The British Government agreed to provide the new Kenyan Government with US$ 100 million in grants and loans to enable it to settle land issues, including the purchase of land farmed by European settlers." [66] Sengwer indigenous peoples did not benefit from this grant.

The constitution should address our ancestral lands taken by the colonialist and that given out to other communities by the independent government.

"Land rights and compensation issues arising from taking or use of indigenous lands for military or security purposes, whether in war or peacetime, can raise special problems which need to be addressed by Governments and the international community." [67]

5.5 Self-Determination 

The constitution should recognise our right to Self-Determination. 

"All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development." [68]

"Indigenous Peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development." [69]

"Self-identification as indigenous or tribal peoples shall be regarded as a fundamental criterion for determining the groups to which the provisions of this Convention apply." [70]

"Recognizing the aspirations of these peoples to exercise control over their own institutions, ways of life and economic development and to maintain and develop their identities, languages, religions, within the framework of the states in which they live." [71]

There's need for us to control our own lives and destinies, and to gain recognition of our distinct cultures, traditions and customs. Besides, control over our own economic, social and cultural development.

The government's responsibility is to ensure that we have the capacity to achieve effective and efficient control of the said issues through training.

5.6 Land Control Board

Members of the Land Control Board to be elected by the community in 

consultation with the community's council of elders. 75 % of LCB within Sengwer territory to be of Sengwer origin. 

The constitution should recognise that no land belongs to an individual or family, but it should recognise that it belongs to the community. 

Women and the youth must be represented in the LCB. 

The members of LCB must be of good character, conduct and reputation. 

5.7 Natural Resources

The constitution should guarantee the rights of the indigenous peoples to have rights^ to the natural resources of their territories. *These rights include:

a) the right to participate in the use, management, protection and conservation of these resources;

b) the right to be consulted before natural resources on their lands are explored or exploited;

c) the right to studies on the effects of such exploration and exploitation;

d) the right to benefit in the profits made from any exploitation and use of natural resources; and

e) the right to be compensated by the government for any damages caused by such activities.

"The rights of the peoples concerned to the natural resources pertaining to their lands shall be specially safeguarded. These rights include the right of these peoples to participate in the use, management and conservation of these resources." [72]

Sengwer territory is rich with natural resources. These include:

5.7.1 Forests

Kapkanyar - 70,000 Acres; Kipteber - 57,000 Acres; Kabolet - 10,000 Acres; Chemurgoi - 9,000 Acres; Sogotio - 8,000 Acres; Kerer - 5,000 Acres; Kaisingor - 2,000 Acres; Forests within Kitale Municipality; etc. 

5.7.2 Water

The following rivers have their sources from Cherangany Hills: 

a) Moiben 

b) Kabolet (Ainopmaget) 

Rivers Moiben and Kapolet (Ainopmaget) joins to form Nzoia River, which pours its water into Lake Victoria. 

b) Muruny 

c) Empoput 

These two rivers get into Kerio river which drains its water into Lake Turkana 

5.7.3 Wild life

Sengwer is a Hunter-Gatherer community and as such wild life was one of they main source of food, besides honey and wild roots and fruits. 

When the colonialists arrived they killed the animals and others disappeared completely. 

"I had heard a lot about this country from Goanese a most extraordinary man who was a District Clerk at Baringo years ago and he told me that he had passed through here and what a wonderful shooting of wild animals was. I came up and camped at Sergoit and of course the whole place was like an enormous zoo - game all over…" [73] All these animals are no longer their. 

Revenue from the community's Natural Resources should be accounted as follows: 

· 50% of the collected Revenue to be paid to the community. This includes revenue paid to Marakwet County Council by Eldoret Municipality for the water from Chebara Dam. The source of this water comes from Sengwer territory.

· Besides, all projects at Lake Victoria region that directly or indirectly benefits from the waters of river Nzoia should pay 50% of the revenue they earn. This will guarantee community's continued conservation of the forests in Cherangany hills, e.g. Kapkanyar, Kipteber, Empoput, etc.

· 50% of all the revenue collected from all trading centers/markets within Sengwer territory should be paid to the community.

· 50% of the Revenue collected in the past should be refunded to the Sengwer community.

The constitution should also protect the rights of our people to live in the forests without any interference as long as they live in harmony without interfering with the environment. They should be allowed to continue with their beekeeping, hunting, etc.

The constitution should guarantee our rights to own Natural Resources within our territories. These rights should be non-negotiable and cannot be traded off in the name of the country's development. 

The constitution should create a mechanism where the indigenous peoples shall be consulted before any decision is made that affect them. 

"In applying the provisions of this Convention [74] , governments shall:
(a) consult the peoples concerned, through appropriate procedures…whenever consideration is being given to legislative or administrative measures [75] which may affect them directly;" [76]

The constitution should recognize: 

· Our distinctive spiritual and material relationship with our lands, waters flora and fauna. 

· Our link between self-determination and the right to land 

· That the promotion and protection of our rights to our ancestral lands and resources is vital to our development and cultural survival. 

· Equal participation of children, youth and women in all aspects of negotiation on land and natural resources. 

5.8 Government's discriminatory legal doctrines 

"Governments should denounce discriminatory legal doctrines and policies which deny human rights or limit indigenous land and resource rights…they should consider adopting corrective legislation and policies" [77]

The constitution should denounce the following: 

· The doctrine of terra nullius [78]

· The doctrine that indigenous communities do not have the capacity to own land or to own land collectively 

· The doctrine that indigenous land, rights, title or ownership may be taken or impaired by the State or third parties without due process of law and adequate and appropriate compensation 

· Doctrines or policies that indigenous lands must be held in trust regardless of the will of the indigenous peoples concerned 

· Doctrines and policies imposing and extinguishment of indigenous land rights, title or ownership 

5.9 Affirmative Action [79]

Affirmative Action (sometimes called positive discrimination) should be adopted by the constitution as a programme to help historically disadvantaged, marginalised, oppressed and discriminated against minority indigenous ethnic groups. 

Affirmative Action should be adopted as a first stage of eliminating discrimination and achievement of real equality. 

Affirmative action should be applied in political and administrative leadership; recruitment for training colleges and employment; etc. 

These ethnic groups include Ogiek, Sengwer, Elmolo, Ilchamus, Entorois, Watta, etc. 

5.10 Education

It is said that Education is a panacea to social justice and equity. Hence, need for the constitution to guarantee free, compulsory and quality primary and secondary education for both the boy and girl child without any discrimination. 

Besides, the constitution should recognise, respect, protect and promote indigenous knowledge. Indigenous Peoples have a rich intellectual property that can not be found among the non-indigenous peoples. We would like to pass the knowledge of our ancestors to the young generation and be documented for future use. 

"Education programmes and services for the peoples concerned shall be developed and implemented in co-operation with them to address their special needs, and shall incorporate their histories, their knowledge and technologies, their value systems and their further social, economic and cultural aspirations." - ILO Convention No. 169, Article 27.1. This convention states that indigenous and tribal peoples have the same right to benefit from the national education system as everyone else in the country. In addition, education programmes designed for indigenous and tribal peoples should include the following elements:

a) design and implementation with the active participation of the peoples concerned; 

b) response to the specific needs of indigenous and tribal peoples; 

c) respect for their cultural values, histories and traditions; 

d) strengthening and promoting the use and practice of indigenous and tribal languages; and 

e) ensuring that they have the opportunity to reach the same level of education as other citzens. 

Therefore, the constitution should be promote our Sengwer culture and language in our schools and any other for a (meetings, etc.) 

"Education is not only in schools. It is out there in our surroundings. Even forests can be our teachers." - Bangkok Post, 2 July 1997. "Right in his own backyard." 

"Teach the ignorant as much as you can; society is culpable in not providing instruction for all but it must answer for the night which it produces. If the soul is left in darkness, sins will be committed. The guilty one is not he who commits the sin, but he who causes the darkness." [80]

5.11 Rights for Children and Youth 

The constitution should guarantee the rights of children and youth to Education, Health, security and Shelter. 

"Young people shall be brought up in the knowledge of the dignity and equality of all men, without distinction as to race, colour, ethnic origins or beliefs, and in respect for fundamental human rights and for the right of peoples to self-determination." [81]

The rights of children and youth should be respected. Children and Youth must participate in all decisions that affect them. Children and Youth must be given all the basic human and indigenous rights. The constitution must guarantee these rights. 

The constitution should protect children and the youth from: 

- Torture or other cruel, inhuman or degrading treatment or punishment [82]

- Child Labour 

"States Parties recognise the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development." [83]

- Sexual harassment and prostitution 

- Drug abuse 

- Participation in conflicts as soldiers 

The constitution should guarantee protection to disabled children. 

"Special care, if he or she is disabled, that ensures dignity, promotes self-reliance and facilitates active participation in the community."[84]

"In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her religion, or to use his or her own language." [85]

5.12 Street Children

The constitution should also address the issue of Street Children. These are human being and deserve to be respected as Kenyans. The constitution should work out mechanisms and policies that will protect these children. Besides, guarantee their right and access to education, health services and shelter. 

The government should look for a better place for these children.

Their presence in the street poses a big threat to security of urban dwellers, employees, tourist, etc.

5.13 Health

Majority of Sengwer community members cannot afford to pay for hospital bills and this has prevented them from seeking medical treatment. Hence, an increase in mortality rates.

Health Services be provided free of charge without any discrimination. Mobile clinics be availed in difficult areas e.g. Marich-or in Empoput forest.

The health of indigenous peoples and tribal peoples in most countries lies well below national standards. "They have higher infant mortality rates, lower life expectancy and more chronic illness than the non-indigenous population in any national society." - United Nations, Health and Indigenous Peoples. Note by the Secretariat. Geneva 

Besides, indigenous knowledge to herbal medicine must be researched, protected, recognised and its use (herbal medicine) respected. 

"Health services shall, to the extent possible, be community based. These services shall be planned and administered in co-operation with the peoples concerned and take into account their economic, geographic, social and cultural conditions as well as their traditional preventive care, healing practices and medicines." - ILO Convention No. 169, Article 25.2 

The constitution should initiate mechanisms and strategies that will ensure ethnic minorities are informed, educated on HIV/AIDS and other Sexually Transmitted diseases. The infected should be given proper medical care and counseling services provided without any discrimination. 

5.14 Women Rights

The constitution should: 

(I) Guarantee the rights of women to:

a) property inheritance at her parents home or husbands; 

b) employment and recruitment for training colleges; 

c) own property 

d) be consulted when decisions are made that affect them directly or indirectly. 

(II) Protect women from:

a) Cultural practices such as: 

· Wife Inheritance 

· Female Genital Mutilation 

b) Sexual Exploitation 

c) Discrimination 

"the term discrimination against women shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality with men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field." [86]

5.15 International Human Rights Instruments

International human rights treaties, conventions, etc be ratified and made laws of our government. For example, Convention on the Elimination of Discrimination Against Women (CEDAW), Convention on the Rights of the Child (CRC), International Labour Organisation (ILO) Convention No. 169, Convention on the Elimination of All Forms of Racial Discrimination (CERD), etc.

The rights of persons or groups belonging to ethnic minorities must be recognised by the constitution.

5.16 Customary Law

The constitution should recognise the right of indigenous peoples own customs and or customary law. 

"In applying national laws and regulations to the peoples concerned, due regard shall be had to their customs or customary laws." [87] For example, the constitution should recognise the application of Kawatia [88] and Muma (see Kawatia) as a last resort in conflict resolutions.

In the Philippines, indigenous peoples' customary practices are recognised in Chapter 4, sections 13 to 20 of the Indigenous Peoples Rights (IPRA), 1997. "This includes the indigenous peoples' right to use their justice systems, conflict resolution institutions, peace-building processes, and other customary laws and practices as may be compatible with the national legal system and internationally recognised human rights." [89]

The constitution should recognise the use of indigenous languages in courts, hearings, tribunals, etc. Indigenous peoples should have interpretation in courts, and at trials, or other legal proceedings in order to make sure that they can understand what is going on, and also, that they can be understood.

"The peoples concerned shall be safeguarded against the abuse of their rights and shall be able to take legal proceedings, either individually or through their representative bodies, for effective protection of these rights. Measures shall be taken to ensure that members of these peoples can understand and be understood in legal proceedings, where necessary through the provision of interpretation or by other effective means." [90]

5.17 Conflict Arbitration Commission

The constitution should create a Conflict Arbitration Commission. The CAC shall be responsible for identifying indigenous lands, investigating and resolving land conflicts between communities. Besides, it should be mandated to investigate ancestral tribal boundaries. The members of the commission must come from both dominant and non-dominant ethnic groups. 

"Governments shall take steps as necessary to identify the lands which the peoples concerned traditionally occupy, and to guarantee effective protection of their rights of ownership and possession." [91]

"Adequate procedures shall be established within the national legal system to resolve land claims by the peoples concerned." [92] 

Within the CAC the constitution should put in place procedures and mechanisms in place to resolve any land disputes.

Consider the case of Trans Nzoia district

It is important for all Kenyans and our brothers and sisters in our Mother Earth that the whole of Trans Nzoia ancestrally belongs to Kony and Sengwer aborigines. The two communities know their common boundary. 

The British government forcefully evicted and displaced the members of the two communities who occupied the district without mercy and never offered an alternative of where the displaced will be settled. No member Sengwer or Kony remained within Trans Nzoia. 

Members of Sengwer community joined their brothers who occupied parts of West Pokot and Marakwet districts. While others moved to the following districts Keiyo, Nandi, Bungoma, Narok, Baringo, etc and have since then been assimilated by the dominant ethnic groups in these regions. Besides, others crossed over to Uganda (have been assimilated by the Sebei and Pokot) and Tanzania who have been mainly assimilated by the Maasai. 

A good number of Sengwer have been assimilated by Marakwet, Tugen, Pokot (in Kenya and Uganda), Nandi, Maasai (in Kenya and Tanzania), Kipsigis, Luhya (Sengeli/Silikwa), Kony, Sebei (Uganda), etc. 

In the recent years other dominant communities have come to claim Trans Nzoia as their ancestral home and that the colonialist evicted them. There are two schools of taught to this: 

I. Eviction and Displacement of Sengwer and Kony from Trans Nzoia made these communities powerless (politically, economically and socially) - Sengwer was and is more affected. Hence, the claiming communities are taking advantage of the situation of the genuine ancestral owners. 

II. Dominant communities are using the advantage of members of Sengwer and Kony they have assimilated to make the claim. This is clearly supported by the fact that on 18^th May 2002 the Pokot community launched claim of Trans Nzoia when presenting their views to Constitution of Kenya Review Commission. Interestingly, atleast three out of five members of the Pokot Claim Committee mandated to research and draft the claim are Sengwer. 

"If they Non-Pokot are not ready to surrender the land peacefully my kinsmen should not worry because I am going to protect their interests" [93]

"Pokots have no business claiming land in Trans Nzoia…The architects of this claim should visit our National Archives and do a proper research to justify it. The land they are demanding belongs to the Sabaot (Elgony) and the Sengwer (Cherangany) of Trans Nzoia…" [94]

Therefore, it is important for the constitution to create structures/mechanisms that will peacefully address the issue of Trans Nzoia and other areas having a similar situation. 

SINCERELY, THE WHOLE OF KAPCHEPKOILEL (TRANS NZOIA) BELONGS TO SENGWER AND KONY INDIGENOUS PEOPLES. THE ELDERS OF THESE TWO ETHNIC GROUPS KNOW WHERE THEY BOARDERED EACH OTHER BEFORE EUROPEANS FORCEFULLY EVICTED THEM TO CREATE ROOM FOR WHITE SETTLERS. 

5.18 Indigenous Vs Immigrants Treaty [95]

The constitution should facilitate a situation whereby we, the Sengwer aborigines, will make a treaty (INDIGENOUS VS IMMIGRANTS TREATY) with immigrants into our territories. 

Besides, Sengwer and the government should enter a treaty that will provide a mutual consultation and negotiation between the two parties on issues that pertains to land and natural resources. 

We need a treaty because there has never been a mutual agreement between Sengwer and people who have migrated into our territory. As aborigines we never ceded our ancestral lands to colonialists or the current occupants. 

INDIGENOUS VS IMMIGRANTS TREATY will: 

a) Recognise the rights of Sengwer as the ancestral owners of parts of Trans Nzoia, West Pokot, Lugari, Uasin Gishu and Marakwet districts 

b) Give us powers to have ownership and control over our lands and natural resources. 

c) Ensure that political leadership shall remain on the hands of Sengwer 

d) Protect Sengwer from marginalisation and oppression by the immigrants 

e) Immigrants will continue peacefully with what brought them to the territory, e.g. Farming and Business, but not to compete for political or administrative leadership or any form of leadership with the aborigines. 

"The president told members of the Kipsigis community residing in Maasailand to leave leadership positions to the local community (Maasai)." [96] It is our dream to see this practised within Sengwer ancestral territory. 

f) Guarantee peace and security in the region. 

g) Priority in Employment and recruitment for training colleges to be given to the aborigines. 

We need a treaty because the entrenched racism in our society is not going to change unless we take measures to defeat it, and those active measures need strength of legislation reached by negotiation, mutual consent and agreement. 

"Experience has shown that the equitable and fair conclusion and implementation of treaties, agreements and other arrangements relating to land between States and indigenous peoples can contribute to environmentally sound and sustainable development for the benefit all." [97]

Without social justice there's no peace and without peace there's no development.

It is important for the immigrants in our ancestral home to know that the colonialist forced our community to be assimilated, to extinction and death, but unfortunately we have not. Sengwer and Kony communities are not extinct and never shall this happen. Hence, they (immigrants) should not dream of claiming land in Trans Nzoia.

"The Iteso Community Association regretted that only the Sabaot and their Sebei cousins from Uganda had benefited in the allocation of thousands of acres of land, especially in Saboti and Kwanza constituencies…Trans Nzoia being a former white highland and cosmopolitan, no single community had a right to claim that it belonged to them…" [98]

5.19 Type of Government

5.19.1 Federal Government

We recommend federalism. Where power will be decentralized. The system should empower ethnic groups in the whole republic without any discrimination (dominant and non-dominant tribes are all equal). In this case every ethnic group should have a district of their own. 

5.19.2 President 

The president will be elected by the people of Kenya and should have had atleast 50% of the total votes cast and not a Member of Parliament. 

The president's powers should be reduced. He or she should not have any powers to decide or to allocate land to an individual or a group of people. 

The constitution should ensure that anything related to land allocation or land use remains on the control of the indigenous peoples of that particular not immigrants nor county councils nor municipalities nor minister of lands nor the president. 

The president should not be above the law. Section 14 that provide for the non-impeachment of the President be scrapped. The vote of no confidence option, section 59(3) should be retained. 

5.19.3 Prime Minister

The constitution should create the office of the Prime Minister. The elected members of the House of Representatives must elect the Prime Minister. 

5.19.4 Nomination of Members of Parliament and Councillors

The constitution should increase the number of nominated members of parliament from the current twelve to create room for representatives from ethnic minorities. Ethnic minorities in Kenya should be identified and each of them should a representative in parliament. 

To avoid imposing politicians to the people affirmative action be applied. Sengwer community members having all their election requirements are allowed to elect one of their own into parliament through affirmative action. 

Communities which are able to elect their own representatives into parliament or councils should not qualify for no nomination or affirmative action unless nominated to represent special interest groups such as women, disabled and youth. 

County councils and municipal councils must set aside some seats for ethnic minorities who are aboriginal to that particular district. For example: Trans Municipality, Nzoia County Council, Marakwet County Council, Kapenguria Municipal Council and Pokot County Council should reserve atleast a seat for Sengwer community. The community will contest the seats. Women must be considered equally with men.

5.19.5 Ministers and their Assistants

They should be appointed by the Prime Minister and should have qualifications to run the ministry. For Example, a Member of Parliament who is a professional human doctor should not be appointed as a minister in the ministry of Public Works, Transport and Communications. 

Those to appointed, as ministers and assistant ministers must be people of good conduct and reputation. They should not have involved themselves in any act of corruption. 

5.19.6 Parliament

The Parliament should consist of: 

a) Senate - where each ethnic group must have two elected representatives 

b) House of Representatives - a Member of Parliament to represent a constituency. Ethnic minorities should have their representatives elected into parliament through affirmative action. All minority groups who cannot elect one of their own into parliament at the constituencies should do so through affirmative action.

c) Regional Assembly - This should replace the provincial commissioner's office. Every community within the region should have an elected representative at the Regional Assembly.

The Regional Assembly should have no powers whatsoever, but to act as coordinating body between the central government and the District Councils.

d) District Councils - The district councils to be headed by a District Governor elected by the members of the council. The council will be made up of elected members who represent the aborigines of the particular council.

Ethnic minorities, indigenous in the council, must be represented in the council. Women and Youth must be represented in the councils.

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