A Citizen’s Perspective On The Harmonised Draft Constitution Of Kenya – Securing Human, Economic, Social and Cultural Rights Are The Only Basis For The Establishment of A State And A Constitution To Govern It.
Kenya is a Sovereign Republic: The Harmonized Draft Constitution has described Kenya as a Sovereign Republic which is founded on Principles of Good Governance through Multi party democracy, participatory governance, transparency and accountability, separation and devolution of powers, respect for human rights and fundamental freedoms and the Rule of Law.
The purpose of establishing a State and a Constitution: To secure the basic human, economic, social and cultural rights is the purpose of establishing a State and a Constitution. The Constitution declares the Rights of the Individuals and groups and makes the state responsible for guaranteeing those rights. These Rights can be found in the Bill of Rights in Chapter 5 of the current Constitution and in Chapter 6 of the harmonised draft Constitution. The Bill of Rights is not merely an integral part of Kenya’s democratic State; it is the fundamental basis for the establishment of the State. In other words, apart from our securing our Rights as Citizens, there is no other purpose or reason to create a State or a Constitution.
Rights are inalienable and possessed by Kenyans: The purpose of the recognition and protection of Human Rights and fundamental freedoms in the Constitution is because these rights are inalienable and possessed by all Kenyans without regard to their social status, origin or persuasion. The State is therefore required by Kenyan citizens to use all State resources and Institutions to enhance these Rights and the State is prohibited from using its resources and Institutions to curtail these Rights as guaranteed to Kenyans. Rather, all resources owned by the State belong to Kenyans and are to be used for the benefit of Kenyan Citizens in protecting their rights.
All Kenyans are born equal: Fundamental Rights and Freedoms of Kenyans Citizens are given by God, and not by the State. Kenyans have Human Rights because Kenyans are human beings. All these rights are recognised by the entire world and restate that all human beings are born equal. Kenyans through their Government have signed and ratified International Human Rights, Civil and political Liberties, social economic and cultural rights conventions and these international laws are applicable in Kenya. Therefore the State does not give these Rights and cannot legally or lawfully take them away. Our Constitution is supposed to restate these Rights and protect them at all times.
All sovereign power in Kenya belongs to the Citizens of Kenya: All sovereign power in Kenya belongs to the Citizens of Kenya. Citizens exercise this power through the Constitution of the Republic of Kenya. The Constitution is the supreme Law of the Republic that binds all State Organs at all levels of Government and all persons. The Citizens of Kenya may exercise their sovereign power either directly or through their democratically elected representatives, but the sovereign power at all times belongs to the Citizens of Kenya. Everything must be for the good of Kenyan Citizens.
When people live or work together, they agree on how they will run their affairs: Kenya is a defined geographical territory under one government and one set of laws, with its own currency, army, national symbols, system of taxation, etc. It is sovereign – that is, it is politically independent from other states and not subject to outside control. The people who live in Kenya are either citizens of Kenya or citizens of other states legally permitted to live and/or work in Kenya. When people live or work together, they need to agree on how they will run their affairs. In a political state, as well as in some organisations, this agreement takes the form of a CONSTITUTION.
The legislature, the executive and the judiciary: The Kenyan governmentis the machinery through which the state operates. It is made up of the legislature, the executive and the judiciary. The legislature makes laws, the executive enforces them and the judiciary interprets and applies them. In a democratic society, the purpose of a lawfully elected government is to carry out the people’s will.
In a democracy, citizens share the job of governing their state: A good description of the meaning of democracy is that given by Abraham Lincoln, the US President who abolished slavery in America, in his famous Gettysburg Address, read at Gettysburg, Pennsylvania on November 19, 1863, during the American Civil War: ‘a government of the people, by the people, for the people.’ This implies that in a democracy, citizens share the job of governing their state. Some citizens serve in institutions set up by the Constitution and other laws under the Constitution. But these citizens are not special – they only have special duties and responsibilities to the rest of their fellow citizens. Most people know democracy as a form of government in which policy is decided by the favourite choice of the majority, usually by elections or referendum, open to its citizens. And the policy is implemented by the citizens who work in State institutions.
The Goals of a Democratic Society: Democracy dictates that the following goals are achieved in a democratic Society:-
* The greatest possible freedom for all;
* A just society;
* The same rules for all;
* Equality before the law;
* Respect for the rule of law; and
* Equal opportunities for all.
Democracy needs open-mindedness and agreement between the citizens: In a democracy, cooperation by Citizens is needed, because elections divide the population into ‘winners’ and ‘losers’. It is implied that whoever loses, allows the winners to take power peacefully and without argument. Democracy needs open-mindedness and agreement between the citizens, especially when one group is bigger than all the others. In a democracy, such a majority should not ignore the wishes and needs of members of smaller groups or minorities. Minorities include not just ethnic groups but disadvantaged and people with disabilities. At all times Citizens must act in the interest of their fellow Citizens, that way Citizens will guarantee their own interests.
Every citizen shares the responsibility for civic awareness: Democracy involves providing opportunities for all citizens without discrimination, and sometimes it also means helping some people – those disadvantaged by history, physical disability, or by factors that they can not control such as natural disasters. Democracy also asks citizens to do certain things or make sure that certain things are done. For example, every citizen shares the responsibility for civic awareness, democratic care, and working together for the good of the country. This very important particularly now that the Harmonised Draft Constitution is now a public document open for public comment.
Democracy provides a base for honesty, fairness and equality: In a democracy, everyone is equal. Democracy turns away any forms of bias and provides a base for honesty, fairness and equality. Justice is a set of rules that provide each person in humanity with basic rights. These include: Human rights, the rule of law, Economic justice, and Gender fairness.
Rule of Law: The idea of the ‘rule of law’ is based on the idea of government by law. This means that no one is above the law; this basically means that all Kenyans are equal before the law and are subject to it. So no one can be punished unless they have broken the law and have been tried through the proper legal process. So, Leaders have to abide by the law. Any Kenyan who makes choices has to make them according to the say so of the law.
All Kenyans are equal before the law and are subject to it: From the President and the Prime Minister and their deputies to the citizen with no public position: Also, the law should apply to everyone equally without any favouritism on the basis of gender, race, ethnicity, religion, political association, colour, disability, social status and other physical or social characteristics.
Economic justice means that Kenyan citizens can get rich legally: Economic justice is the equal sharing, distribution and allocation of socio-economic wealth among all citizens. Economic justice means that Kenyan citizens can get rich legally for the good of the individual and/or for the common good. It requires the state to be fair when allocating public resources for development. Economic justice includes the right to:
* Fair and favourable conditions of work;
* Equal pay for work of equal value;
* The right to form and belong to a trade union;
* The right to go on a strike; and
* The right to enjoy social security.
Citizens give their authority through their elected representatives to be taxed through their income and consumption. The taxes collected by the State are meant to benefit
Fundamental Freedoms and Rights protected by the current Constitution of Kenya:
* The right to life,
* The right to personal freedom,
* Protection against slavery and forced labour,
* Protection from inhuman treatment,
* Protection from property being taken away illegally,
* Protection against illegal search or entry,
* The right to the protection of the law,
* Freedom of conscience,
* Freedom of expression,
* Freedom of association and assembly,
* Freedom of movement, and
* Freedom from discrimination
The Harmonised Draft Constitution restates these rights and adds further categories of rights including political, economic, social and cultural fundamental rights.
Political freedom is the ability to:
* the right to participate in political activity without restriction
* hold your own views and talk about what you think and believe,
* relate and socialize
* Move freely without obstruction.
Economic freedom is:
* the ability to own and use property,
* the chance to work and provide for your living, and
* Freedom from forced labour and slavery.
Social freedom is:
* Treating people fairly,
* Privacy
* No cruel treatment.
These democratic freedoms are found in Chapter 6 “The Bill Of Rights” in the Harmonised Draft Constitution of Kenya.
Nothing in the Constitution can take away any of your Rights: The Bill of Rights is essential reading if citizens wish to understand the Draft Constitution. Nothing in the Constitution can take away any of your Rights. The Constitution creates State Organs and delegates Authority to State organs in order to enhance and protect the Rights of Citizens. Nothing in the Constitution can take Sovereign power away from the Citizens of Kenya. All delegated power is exercised on behalf of the Citizens who elect and choose those who they wish to exercise that power on their behalf.
Constitution is not meant to benefit Politicians at the expense of Citizens: The Constitution is not meant to benefit Politicians at the expense of Citizens. It is therefore important for Citizens to understand the Draft for themselves and not be swayed by Politicians. At the end it is Kenyans who will decide what they want at the referendum. We need a Constitution that will determine how we want to live together as Citizens and how we wish to be governed.
Are we satisfied with what the draft has to say on these views?
Therefore, when reading the Draft, all Citizens must ask the question, “does this provision protect my Rights? Does this provision enhance my Rights?”The test must at all times be whether you the Citizen of Kenya are in charge of your affairs. Has the Draft addressed the views of Kenyans collected by the Constitution of Kenya Review Commission in 2002? Are we satisfied with what the draft has to say on these views? What do you want added or removed from the Draft?
Send your views to the Committee of Experts on Constitutional review at the contacts below:
Delta House, Chiromo road, Westlands, Nairobi Kenya.
P.O Box 8703 – 00200
Telephone: 020 443 214 – 16
Email: info@coekenya.go.ke
www.coekenya.go.ke
Here is a Summary of Kenyan Views on the Constitution and the chapters where these views are reflected in the Harmonised Draft Constitution
(Summary of Kenyan views as reported in September 2002 by the Constitution of Kenya Review Commission)
1. Give us the chance to live a decent life: with our fundamental needs of food, water, clothing, shelter, security and basic education met by our own efforts and the assistance of government
Read Chapter 6 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
2. We want a fair system of access to land for the future and justice for the wrongs of the past
Read Chapter 7 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
3. Let us have more control over the decisions that affect our lives, bring government closer to us – and let us understand better the decisions we can’t make ourselves but which affect us deeply
Read Chapter 14 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
4. We don’t want power concentrated in the hands of one person
Read Chapter 12 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
5. We want our MPs to work hard, respect us and our views – and we want the power to kick them out if they don’t
Read Chapter 11 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
6. We want to be able to choose leaders who have qualities of intelligence, integrity and sensitivity that make them worthy to lead us.
Read Chapter 9 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
Read Chapter 10 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
7. We want an end to corruption
Read Chapter 9 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
8. We want police who respect citizens – so they can be respected by them
Read Chapter 17 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
9. We want women to have equal rights and gender equity
Read Chapter 6 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
10. We want children to have a future worth looking forward to – including orphans and street children
Read Chapter 6 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
11. We want respect and decent treatment for the disabled.
Read Chapter 6 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
12. We want all communities to be respected and free to observe their cultures and beliefs
Read Chapter 5 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
Read Chapter 6 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
13. We assert our rights to hold all sections of our government accountable – and we want honest and accessible institutions to ensure this accountability
Read Chapter 5 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
Read Chapter 9 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
Read Chapter 15 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
Read Chapter 16 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
Read Chapter 18 of the harmonised draft constitution to see what provisions have been provided by the draft on this view
Down Load the harmonised Draft Constitution here
BUDGET 2009/2010 CREATES A SECRET FUND INVOLVING MILLIONS OF US DOLLARS. WHY WAS PARLIAMENT NOT TOLD ABOUT THIS?
BUDGET 2009/2010 SERIES 001
Buried in the Finance Bill that the Minister of Finance, Uhuru Kenyatta tabled in Parliament last week is a proposal to amend two laws in order to create a fund whose purposes are barely specified. The Fund could be worth over 1 and a half billion shillings per annum, yet total discretion will be given to a parastatal corporation board who will decide how this money will be spent, without external oversight. The parastatal corporation which will be the legal owner of the fund is notorious for corruption and the parent ministry of Transport is behind at least some of the Anglo Leasing scams that cost the Treasury dearly since the mid 1990s.
In a clever side-stepping of Parliament, the law is to be changed to allow this parastatal corporation to borrow using its sink fund as collateral, avoiding the need to satisfy investors’ demands that it charge or mortgage its real assets – a practice specifically prohibited by Kenyan law. Why these legal changes are being done is a mystery as the issue did not feature at all in the 3 hour long Budget Day speech of last week.
If Parliament passes the Finance Bill without amendment it may just authorise the beginning of a series of unaccountable transactions involving potentially hundreds of millions of dollars, as the parastatal corporation has already signed contracts with external financiers for massive infrastructural projects.
The name of the parastatal corporation is…the Kenya Airports Authority
The amendments are to be made to the Kenya Airports Authority Act and the Air Passenger Service Charge Act. Subject to the latter every person who purchases a ticket for an external or internal journey must pay a passenger service tax of (20) twenty United States dollars or the equivalent in specified currency or in Kenya shillings for an external journey; and (100) one hundred shillings for an internal journey.
The amendments’ effect is that henceforth rather than paying taxes into the Consolidated Fund from which it can only be withdrawn as per the National Budget or with Parliamentary approval, the Kenya Revenue Authority shall,after deducting its expenses, pay all Air Passenger Service Tax into the newly created Kenya Airports Authority Fund. The amendments do not create an independent board of Trustees of the Fund, and the management of the Fund is left completely to the existing Management of the Kenya Airports Authority.
Under the amended law, the Kenya Airports Authority will be authorised to pay “out of the Fund any expenditure incurred by the Authority in the exercise of its powers or the performance of its functions under this Act.”
Parliament should consider whether it ought to approve these amendments.
Remarks of Barack Obama in the Grand Hall of Cairo University on June 4, 2009
* Obama’s Message to Turkish Students
* Muslims and the "Real America"
* Obama Holds Student Town Hall in Turkey
I am honored to be in the timeless city of Cairo, and to be hosted by two remarkable institutions. For over a thousand years, Al-Azhar has stood as a beacon of Islamic learning, and for over a century, Cairo University has been a source of Egypt's advancement. Together, you represent the harmony between tradition and progress. I am grateful for your hospitality, and the hospitality of the people of Egypt. I am also proud to carry with me the goodwill of the American people, and a greeting of peace from Muslim communities in my country: assalaamu alaykum.
We meet at a time of tension between the United States and Muslims around the world — tension rooted in historical forces that go beyond any current policy debate. The relationship between Islam and the West includes centuries of co-existence and cooperation, but also conflict and religious wars. More recently, tension has been fed by colonialism that denied rights and opportunities to many Muslims, and a Cold War in which Muslim-majority countries were too often treated as proxies without regard to their own aspirations. Moreover, the sweeping change brought by modernity and globalization led many Muslims to view the West as hostile to the traditions of Islam. (See pictures of people around the world watching Obama's inauguration.)
Violent extremists have exploited these tensions in a small but potent minority of Muslims. The attacks of September 11th, 2001 and the continued efforts of these extremists to engage in violence against civilians has led some in my country to view Islam as inevitably hostile not only to America and Western countries, but also to human rights. This has bred more fear and mistrust.
So long as our relationship is defined by our differences, we will empower those who sow hatred rather than peace, and who promote conflict rather than the cooperation that can help all of our people achieve justice and prosperity. This cycle of suspicion and discord must end.
I have come here to seek a new beginning between the United States and Muslims around the world; one based upon mutual interest and mutual respect; and one based upon the truth that America and Islam are not exclusive, and need not be in competition. Instead, they overlap, and share common principles — principles of justice and progress; tolerance and the dignity of all human beings. (See pictures of Obama in the Middle East.)
I do so recognizing that change cannot happen overnight. No single speech can eradicate years of mistrust, nor can I answer in the time that I have all the complex questions that brought us to this point. But I am convinced that in order to move forward, we must say openly the things we hold in our hearts, and that too often are said only behind closed doors. There must be a sustained effort to listen to each other; to learn from each other; to respect one another; and to seek common ground. As the Holy Koran tells us, "Be conscious of God and speak always the truth." That is what I will try to do — to speak the truth as best I can, humbled by the task before us, and firm in my belief that the interests we share as human beings are far more powerful than the forces that drive us apart.
Part of this conviction is rooted in my own experience. I am a Christian, but my father came from a Kenyan family that includes generations of Muslims. As a boy, I spent several years in Indonesia and heard the call of the azaan at the break of dawn and the fall of dusk. As a young man, I worked in Chicago communities where many found dignity and peace in their Muslim faith.
As a student of history, I also know civilization's debt to Islam. It was Islam — at places like Al-Azhar University — that carried the light of learning through so many centuries, paving the way for Europe's Renaissance and Enlightenment. It was innovation in Muslim communities that developed the order of algebra; our magnetic compass and tools of navigation; our mastery of pens and printing; our understanding of how disease spreads and how it can be healed. Islamic culture has given us majestic arches and soaring spires; timeless poetry and cherished music; elegant calligraphy and places of peaceful contemplation. And throughout history, Islam has demonstrated through words and deeds the possibilities of religious tolerance and racial equality.
I know, too, that Islam has always been a part of America's story. The first nation to recognize my country was Morocco. In signing the Treaty of Tripoli in 1796, our second President John Adams wrote, "The United States has in itself no character of enmity against the laws, religion or tranquility of Muslims." And since our founding, American Muslims have enriched the United States. They have fought in our wars, served in government, stood for civil rights, started businesses, taught at our Universities, excelled in our sports arenas, won Nobel Prizes, built our tallest building, and lit the Olympic Torch. And when the first Muslim-American was recently elected to Congress, he took the oath to defend our Constitution using the same Holy Koran that one of our Founding Fathers — Thomas Jefferson — kept in his personal library.
So I have known Islam on three continents before coming to the region where it was first revealed. That experience guides my conviction that partnership between America and Islam must be based on what Islam is, not what it isn't. And I consider it part of my responsibility as President of the United States to fight against negative stereotypes of Islam wherever they appear.
But that same principle must apply to Muslim perceptions of America. Just as Muslims do not fit a crude stereotype, America is not the crude stereotype of a self-interested empire. The United States has been one of the greatest sources of progress that the world has ever known. We were born out of revolution against an empire. We were founded upon the ideal that all are created equal, and we have shed blood and struggled for centuries to give meaning to those words — within our borders, and around the world. We are shaped by every culture, drawn from every end of the Earth, and dedicated to a simple concept: E pluribus unum: "Out of many, one."
MARTHA'S MOVE
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Today at 8:52am | Edit Note | Delete
However brave and mature ,the move by Martha to step a side from the gvt.is not genuine and is rather based on some egocentric interests she is pursuing.We know that she defended Kibaki on the wrong to gain afterwords but instead got a donkey's kick or at first got a half loaf.And when the negotiations settled on power sharing,she was deliberately eying the premier position which was just an ambition to her.This made the husband less lawyer raise eye brows at Kibaki but her push was in vain and her appeals landed on deaf ears of the master.It is therefore too bitter for her to bear after fighting for this president with all the resources she had at disposal be it propaganda,legal matters and euphoria,name them,the so called disputed Kibaki does his national issues without considering she that made him the hero.Every body else want a share of the national cake and this is what brings about the wrangles in the grand corruption govt.,no I meant the coalition govt but the former makes a good objective adjective.Appointing senior govt leaders and top civil servants without giving karua a chance to fix in her close allies is putting salt on Karua's wounds and no normal person can bear this.
However, the move,were it genuine is a kind that should be adopted by the likes of Ruto, Raila,Anyang' and the rest-if they feel the govt. is not delivering and is rather authoritative let them vacate and let Kenyans give room for those willing to serve them.I wish Karua was going to say "Am paying my taxes from today".
raila follow the foot steps on a genuine ground and the rest shall follow-don't complain too much and yet you are wiling to step aside from the govt. you criticize.
I WANT RAILA TO QUIT AND SHOW HIS BRAVERY AND RATIONAL UTILITARIANISM CONCERN. "
DON'T INCRIMINATE ME ,I TALK AS A KENYAN BITING THE BULLET"
