Proactive: Recent Episodes
Aqute Media
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!
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.
- 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.
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.
- How the middle class should act as a stabilizing force in democratic systems.
- Analyze the middle class's impact on policymaking, governance, and electoral processes.
- Identify challenges faced by the middle class in engaging with representative democracy.
- Discuss opportunities for the middle class to enhance its participation and influence in democratic governance.
- What's the symbolism from the Mr Ruto's state visit to the US?
- Ruto's Jet
- As a shareholder, would you want Ruto to use KQ?
- Ngugi's Open Letter to Mr Ruto
- The startup "ego-system in Kenya"
The Deputy President and some deputy governors have cried foul of being sidelined by their heads. Are they only beneficial during the voting process? How can leaders pair up and not have an unreconcilable disagreement for the five years that they are expected to be in office?
We are back after a slight break. In this 30th episode, we look at this process of having an idea and bringing another person on board, devaluing them, and once they have served their purpose in our grand scheme discarding them. Also what ripple effect has it had on our politics especially the ongoing campaigns? We also look at some of the recent major happenings that occurred during our hiatus including -
- The party primaries.
- What's next for the BBI.
- Former President Mwai Kibaki's Legacy.
- Are we still voting and other topics.
Production is done by Aqute Media.
Music by Wataboi - Jungle Juice.
Finally, we are at the highest office in the land. In this episode, we look at the President's roles.
We have a checklist for what we look for in an individual who is eyeing this seat. Not only does this episode feature future talks of the individual who will occupy this seat after next year's general election but also we look at how our current president has faired - what roles and responsibilities has he been able to do and which he hasn't.
A Side Note - To get a breakdown of the roles of the deputy president and our thoughts regarding that particular seat at length listen to Episode 16.
Be Less Reactive to the NEWS HEADLINES!
Music I Jungle Juice - Wataboi.
Editing I Aqute Media.
We are at our second last stop in what has been an educative and interactive series. In this episode, we look at the governors. We look at the outlook, the roles, term limits, and impacts to look at when evaluating their performance so far.
Music I Jungle Juice - Wataboi.
Editing I Aqute Media.
In Episode 27 we look at the upper house of the Parliament of Kenya, The Senate. We look at how effective this role has been in governance since its re-establishment by the 2010 Kenyan Constitution.
Feel free to reach out to us for any feedback on our content and pointers on how to improve. Twitter - @AquteMedia
Production is done by Aqute Media.
We continue with this Six Piece mini series where in this episode we discuss THE WOMEN REPRESENTATIVE, an affirmative seat provided in Article 97 of the constitution of Kenya.
Once again a special shout goes to Afrocave.com. Find more information about the roles as well as misconceptions about this representative on their website as well as other quite informative information on their website.
Music I Jungle Juice - Wataboi.
Editing I Aqute Media.
In the last episode, we looked at the roles of an MCA. In this episode, we tackle the roles of an MP. We also look at the misconceptions that Kenyans have towards the roles of a member of parliament and the qualifications required for one to be an MP.
Special shout out to Jesuit Hakimani Center.
Music by Jungle Juice - Wataboi.
With less than a year to the general election, the campaign is expected to go a notch higher. The main issue is as the person being wooed by the incumbent or the incoming leaders, do you know how to evaluate the candidates? Whether based on their track record or their manifestoes.
For the next couple of episodes, we are going to break this down starting from the MCA to the President.
Special shout out to Afrocave.com. Find more information about Roles of an MCA on their website as well as other quite informative information on their website.
Music by Jungle Juice - Wataboi.
Another busy week at our corridors of justice. We use these events to finalize Chapter 10 which we partly discussed in our previous episode.
We are now on Instagram. Be sure to engage us.
https://www.instagram.com/proactiveke/
Music: Jungle by Wataboi.
This is partly a continuation to the 21st episode. Also, it is the first part of our discussion on Chapter 10 of the constitution. As Timothy likes to put it "Our Last Line of Defense" - The Judiciary.
Listen to get the breakdown and the hosts' opinions on this arm of the government and judiciary-related matters.
A lot has happened in the courts for the past weeks. From BBI being declared null and void to a new Chief Justice. We have a breakdown of these activities.
Also, Madaraka day is happening tomorrow. The celebration is happening in Kisumu and there is a spike as well as a new variant of Covid in Kisumu. Listen in to get the host's concerns.
We tend to focus more on the main government failures but do not stop to take a look at the people managing the counties, wards & constituencies.
Let us clean our houses first before complaining about the filth in our neighborhoods.
Have the Covid relief funds gone to the rightful use, is signing the online petition to stop the IMF loan of any importance.
We seem to be driving our energy in the wrong direction. Listen to find out the proper channels and more recap of recent major happenings.
Back with a Re-Cap of the By-Elections In Matungu, Kabuchai & London Wards. BBI also features in today's episode. Also, we discuss the president's address on Covid-19 and the new measures as the numbers surge again.
In this episode, we look at the process of the BBI so far. How have you found the process? We also look at what the next stages involve. In accordance with the process, we also look at how public participation has been featured in this process.
Also, we discuss the governor of Makueni switching to the BBI Train ditching the Linda Katiba movement. Are his reasons valid? Listen to know the podcast host's views.
On the 13th of February, 2021, Deputy President William Ruto at Ngaremara in Isiolo County claimed that his duties have been granted to other people. What does this mean? Does the Constitution clearly define the roles of this position? Does the BBI address this seat and perhaps the loopholes or the misfits around the deputy seat extending it to the deputy governors as well?
We also cross over slightly to the deputy governor's seat and the roles too. Our main question is: Is the position of the Deputy President CEREMONIAL?
We are back from a one-month break. We are taking a different approach to the execution of the podcast. In this episode, we cover a few topics such as towing the party line, Nairobi governance, and its politics, The BBI train, Uganda politics and so much more.
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With the festivities going on we will be on a two-week break but we leave you with an episode where we look at the year 2020 and what to expect come 2021. Among the topics covered are what you made of Maraga's tenure as it comes to an end, Matters Covid - Is there another lockdown looming and how life will turn out in the sort of post covid period expected next year and the doctors strike and situation.
Thank you for listening to us this past last third of this year.
Look out for more amazing great content next year.
BE PRO-ACTIVE.
The Republic of Kenya shall be a multi-party democratic State
founded on the national values and principles of governance referred
to in Article 10.
The governments at the national and county levels are distinct and inter-dependent and shall conduct their mutual relations on the basis of consultation and cooperation.
The official languages of the Republic are Kiswahili and English. Kiswahili is the national language.
Constitution recognises culture as the foundation of the nation and as the cumulative civilization of the Kenyan people and nation.
Chap 3: Citizenship
A person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen.
A child found in Kenya who is, or appears to be, less than eight years of age, and whose nationality and parents are not known, is presumed to be a citizen by birth.
A person who is a Kenyan citizen by birth and who, on the effective date, has ceased to be a Kenyan citizen because the person acquired citizenship of another country, is entitled on application to regain Kenyan citizenship.
A person who has been married to a citizen for a period of at least seven years is entitled on application to be registered as a citizen.
A person who has been lawfully resident in Kenya for a continuous period of at least seven years, and who satisfies the conditions prescribed by an Act of Parliament, may apply to be registered as a citizen.
Chapter 1 of the Kenyan Constitution
- All Sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.
- The people may exercise their sovereign power either directly or through their democratically elected representatives.
- Sovereign power is delegated to Parliament and the legislative assemblies in the county governments, the national executives and county government executives, and the judiciary and independent tribunals.
Supremacy of this constitution
- This Constitution is the supreme law of the republic and binds all persons and all state organs at both levels of government.
- No person may claim or exercise State authority except as authorised under this constitution.
Defence of this Constitution
- Every Person has an obligation to respect, uphold and defend this Constitution.
What is in the bill? Why is the church against this bill? Are we ignorant on what our young adults are exposed to?
Ethnic Antagonism and Competition
A quick look at Mali's coup, drama with Senators!
Download BBI Report!
If we do not find a better way to manage our diversity, particularly in the competition for power, then it will be our collective ruin. Even those who benefit from dividing us along ethnic lines will lose, and their children, and children’s children, will lose when this mode of competition runs out of room, as it eventually will.
Tribalism as a form of competition and antagonism does not just belong to ethnic groups, there are different forms of tribal attachment that are equally, if not more, destructive. What matters is the amount of cultural, social and political innovation that a country can produce to build itself structures that minimise group antagonism.
The two leaders respect one another. They have been competitors and even used hard language at times, but they have always been friends and respected one another. They respect each other as individuals and as leaders,. They respect each other's communities. They respect Kenyans, and they respect our nation. Every single Kenyan knows and needs respect. Respect should not mean that we tolerate what is wrong. However, the two leaders want to say to all Kenyans: the sins of individuals should not be visited on groups. We must reject and censure anyone who conducts themselves in a negative and hateful way.
Build and strengthen the ties that bind us — The Taskforce also recommends that throughout their education, and in sustained civic education for non-students, Kenyans be exposed to — and incentivised to respect — ethnic and religious diversity, and for this principle to be reflected in the Public Service. Specifically, the measures required to implement this recommendation are as follows:
- School curriculum should feature compulsory components on history, cultural diversity, knowledge of the major religions including traditional ones, and the relationship between the Constitution and our cultures/religions.
- Ensure that secondary boarding schools that are publicly funded have representation from different Counties amounting to at least 50% of the student body.
- Align the National Museums of Kenya to this mission. Promote and support inclusive cultural centres in every County.
Do you feel safe in this country? Timo is put on the spot, as a boy child do you feel safe walking in town?
A look at areas adversely affected by drought, floods etc… When you walk across a police officer, do you feel safe? How was your experience when reporting a crime to a police officer? Do the police act as if they care?
How did you lose your first phone? Did you report the matter to the police? What was their response? Timo and Elsie share their experiences?
Remember the Sugar scandal, the fiasco with mercury! Do you feel safe using sugar since then?
Hey! The constitution provides free speech, do you however, feel safe when criticising people in power “politicians”? It seems that politicians found a creative way to go back to the Nyayo eras “chambers”
Police reforms is just but a songDo you feel safe in this country? Timo is put on the spot, as a boy child do you feel safe walking in town?
A look at areas adversely affected by drought, floods etc… When you walk across a police officer, do you feel safe? How was your experience when reporting a crime to a police officer? Do the police act as if they care?
How did you lose your first phone? Did you report the matter to the police? What was their response? Timo and Elsie share their experiences?
Remember the Sugar scandal, the fiasco with mercury! Do you feel safe using sugar since then?
Hey! The constitution provides free speech, do you however, feel safe when criticising people in power “politicians”? It seems that politicians found a creative way to go back to the Nyayo eras “chambers”
Police reforms is just but a song.
A deep dive into BBI!
A combination of shared prosperity and how resources should be distributed.
Episode 2 dissects the BBI Report, asks the questions; before doing a referendum can we first fully implement the 2010 constitution.
Do you know your MCA?
First episode of Proactive, an introduction to a Journey! First things first, it is your responsibility.
Time for us to take responsibility! "DJ Evolve needs our support, instead of signing petitions online & trending tags, how about we send our contribution to foot his bill!" The buck stops here!