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« Previous Next » | I'm Voting Yes On 4th August 2010
Listing #41222 by yaye on 30-Jul-2010 . Viewed 118 times . Replied to 3 times . Printed 2 times | Good people,
We were told to “Jisomee,” “Jiamulie,” “Jichagulie.”
But the more I read, the more I get confused. Could the forum help me understand the following clauses in the Proposed Draft Constitution?
Clause 1(2) - Sovereignty of the people
The people may exercise their sovereign power either directly or through their democratically elected representatives.
The catchword is may as opposed to shall in other clauses. Won’t someone in future declare our democratic rights optional?
Clause 2 (3), (5) and (6) - Supremacy of this Constitution
The validity or legality of this Constitution is not subject to challenge by or before any court or State organ.
Can it really be amended later as we are being been told?
The general rules of international law shall form part of the law of Kenya
Won’t this expose us to interference by foreigners in our sovereignty?
Clause 14(4)-Citizenship by birth
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.
Won’t this make Kenya the cheapest citizenship to get for all and sundry? Shouldn’t we expect an exodus from our war torn neighbours?
Clause 31(a) and (b)-Privacy
Every person has the right to privacy which includes the right not to have (a) their person, home or property searched (b) their possession seized
Isn’t this clause a blessing for dealers in illegal arms, drugs dealers and kidnappers?
Clause 32 (3)-Freedom of conscience, religions, belief and opinion
A person may not be denied access to any institution, employment or facility, or enjoyment of any right because of the person’s belief or religion.
What is to stop any one from accessing holy places of worship without observing the required rites?
Clause 35 (1) – Access to information
Every citizen has the right to access to (a) information held by the State
What becomes of State secrets? Isn’t it said that information is power? Won’t our enemies know what we are doing?
Clause 65(1)-Landholding by non-citizens
A person who is not a citizen may hold land on the basis of leasehold tenure only, and any such lease, however granted, shall not exceed ninety-nine years.
Recently, the Qatar Government was exploring the possibility of leasing land in Tana River to grow its food. When the land reverts to us after 99 years, will it still be fertile? Supposing precious minerals or natural resources are discovered on such land during the duration of the leasehold, to whom will they belong?
Clause 104(2) Right to recall elected representatives
Parliament shall enact legislation to provide the grounds on which a member may be recalled and the procedure to be followed.
Should we honestly expect our Members of Parliament to enact a legislation that will throw them out of Parliament?
Clause 135 - Decisions of the President
A decision of the President in the performance of any function of the President under this Constitution shall be in writing and shall bear the seal and signature of the President.
No more roadside declarations. But what is to stop the President from unilaterally making a decision that we do not know about?
Clause 145(1)-Removal of President by impeachment
A Member of the National Assembly, supported by at least a third of all the members, may move a motion of impeachment of the President (b) where there are serious reasons for believing that the President has committed a crime under national or international law.
Couldn’t a sitting President who foreigners cannot control be easily thrown out?
The Second Schedule
It shows the National Flag, The National Anthem, The Court of Arms and The Public Seal.
Where is the Map of Kenya showing its boundaries? What is to stop another Migingo scenario in future?
Please help me understand. 4th August is looming!! | 
›› Beatrice 30-Jul-2010, reply_353336
Clause 1(2): 'May' gives a choice. 'shall' gives an order.
People need a free will.
Clause 2 (3), (5) and (6): It will be amended by referenda, Parliament....
Clause 14(4): Key part of that is 'nationality and parents are not known'. That child should not be abandoned.
Clause 31(a) and (b): Even now, the police should not arbitrarily search your house. Search warrant is needed.
Clause 32 (3): A Muslim will be allowed to learn in a Catholic-run school, etc
Clause 35 (1): I am sure a law controlling such access will be enacted.
Clause 65(1): Anything becomes poorer on use. Let's hope that Kenya will receive enough royalties for minerals extracted from the country.
Clause 104(2): Good question.... ..... ha ha ha
Clause 135: He could make such a decision, but he shouldn't.
Clause 145(1): Moi would have been long gone if that was in place...... but good question there.
The Second Schedule: Kenya's boundaries should first be marked out before we put it into the constitution.
I think.
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›› Beatrice 30-Jul-2010, reply_353456
So, am I correct? |
›› Heje 30-Jul-2010, reply_353460
too long, but am voting YES! | | | Log in or Create an account to reply or comment. |
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