Be Less Reactive to the NEWS HEADLINES!
Proactive is an in-depth analysis of the law, governance, politics and everything related to the human rights. The analysis is to ensure Kenyans are informed and be able to make sound decisions especially regulations that affect the growth of a country.
The goal of Proactive is to ensure the public takes action:
To vote
To hold politicians (leaders) accountable
To take part during budget and policy making process
and much more!
Is Impeachment a Tool for Accountability or Political Weaponry in Kenya?
Impeachment Process
Grounds for Impeachment: The sources specify several grounds for impeachment, including gross violation of the Constitution or any other law, commission of a crime under national or international law, gross misconduct, incompetence, abuse of office, physical or mental incapacity.
Initiation of Proceedings: The impeachment process is initiated by a motion submitted to the Speaker of the relevant assembly (National Assembly or county assembly), supported by a specified proportion of members. The required proportion varies depending on the office:
President: At least one-third of all members of the National Assembly.
Cabinet Secretary: At least one-quarter of all members of the National Assembly for proposing a motion to the President; at least one-third of the members to appoint a select committee for investigation.
Governor: At least one-third of all members of the county assembly.
County Executive Committee Member: At least one-third of all members of the county assembly.
Investigation: After the motion is approved, an investigative committee is usually formed to examine the allegations. This committee may comprise:
Eleven members of the Senate for Presidential impeachment.
Eleven members of the National Assembly for Cabinet Secretary impeachment.
Not more than eleven members of the Senate for Governor impeachment.
Not more than nine members of the county assembly for County Executive Committee member impeachment.
The accused official has the right to appear and be represented during these investigations.
Decision-Making: The relevant assembly votes on the impeachment charges based on the findings of the investigative committee. The required threshold for successful impeachment also varies by office:
President: At least two-thirds of all members of the National Assembly to initiate proceedings in the Senate; at least two-thirds of all members of the Senate to remove the President.
Cabinet Secretary: A simple majority of the National Assembly to pass a resolution requiring dismissal, which is then submitted to the President.
Governor: At least two-thirds of all members of the county assembly to send the motion to the Senate; a majority of the county delegations of the Senate to remove the Governor.
County Executive Committee Member: A simple majority of the members of the county assembly to pass a resolution requiring dismissal, which is then submitted to the Governor.
Judicial Review: The sources provide for the possibility of applying to the High Court for review of the Senate's decision in the case of Governor impeachment. There is also a general provision allowing for a move to the High Court for review within 14 days of a final decision on impeachment for any office, unless stated otherwise.
12 Oct 2024TRANSCRIPT
Riding in Kenya: Matatus, Taxis, and More
Introduction: Welcome to the podcast! This episode will cover the ins and outs of public service vehicles in Kenya, using the Traffic Act (Cap. 403).
Types of Public Service Vehicles: The sources outline several types of public service vehicles (PSVs), each with specific definitions:
Matatu: A PSV with seating for no more than 25 passengers, excluding the driver.
Motor Car: A motor vehicle with seating for no more than 10 passengers, excluding the driver, but not a motorcycle.
Private Hire Vehicle: A PSV designed to carry no more than 7 passengers, excluding the driver, and is not a taxicab or matatu.
Taxicab: While not explicitly defined, taxicabs are mentioned as a distinct category of PSVs.
Omnibus: This term appears to be used interchangeably with "public service vehicle," generally referring to larger PSVs.
Licensing and Registration: All PSVs must be licensed to carry passengers for hire or reward.
The Authority determines the maximum number of passengers and baggage weight allowed on each vehicle.
Drivers and conductors of PSVs must also be licensed. This includes obtaining a certificate from a police officer (Assistant Superintendent or higher) confirming their suitability for the role.
Regulations and Requirements: Kenya's Traffic Act includes several regulations for operating PSVs:
Touting: Making noise, using instruments, or causing annoyance to the public to attract passengers is prohibited.
Uniforms and Badges: Drivers and conductors must wear specific uniforms and badges. Drivers wear navy blue, and conductors wear maroon.
Helmets and Reflector Jackets: The Act mandates the use of helmets and reflector jackets, although specific details are not provided in these excerpts.
Conditions of Vehicles: PSVs cannot operate in a dirty or neglected condition.
Passenger Conduct: Passengers are prohibited from various actions, including:
Using obscene language or acting disorderly
Damaging or defiling the vehicle
Tampering with number plates or notices
Specific Regulations for Matatus: Matatus have additional requirements:
Horizontal Yellow Band: Matatus must have a broken horizontal yellow band painted on both sides and the rear for visibility.
Driver Photograph: A recent photograph of the driver must be displayed prominently inside the matatu.
Stopping for Passengers: Drivers should stop as close as possible to the left side of the road when picking up or dropping off passengers.
Direct Routes: Matatus must take direct routes to their destinations, except in cases of breakdowns or police orders.
Conclusion: Understanding these regulations helps ensure safe and enjoyable travel on public service vehicles in Kenya. Please remember that these notes are not exhaustive and refer to the complete Traffic Act (Cap. 403) for detailed information.
11 Oct 2024TRANSCRIPT
Know Your Rights: The Kenyan Employment Act Explained
This episode breaks down the key provisions of the Kenyan Employment Act, empowering employees to understand their rights and obligations and helping employers ensure compliance. We'll cover everything from contracts and wages to termination procedures and dispute resolution, using real-life examples to illustrate the Act's practical implications.
Inside a recent episode
Is Impeachment a Tool for Accountability or Political Weaponry in Kenya?
Published 13 Oct 2024 · Transcript excerpt
[…] So the county assembly is like the first hurdle, and if the governor trips there, that's when it goes to the big leagues, the Senate. Exactly. The Senate then receives the impeachment motion from the county assembly, and they have the option of forming a special committee of up to 11 senators. […]
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