19 Nov

I appreciate the fact that we finally have a draft constitution. I have taken time to go through the so called harmonized constitution and since the freedom of speech is there ,i feel that i got the right to make my personal views on the same.

First of all we have to understand that in Kenya we have three Centers of power which include the President(executive) ,Judiciary and Parliament. All these work hand in hand in that whatever decision is made by one it has to be checked by the others example when president Kibaki reappointed Aaron Ringera parliament rejected his decision and that’s when the judiciary came in and gave the final ruling.

What i am trying to say here? The current harmonized constitution proposes:

157. (1) There shall be a State President of the Republic.
(2) The State President is—
(a) Head of State;(3) The State President is a symbol of national unity.
(4) The State President shall—
(a) respect, uphold and safeguard this Constitution;
(b) safeguard the sovereignty of the Republic;
(c) promote and enhance the unity of the nation;
(d) promote respect for the diversity of the people and
communities of Kenya; and
(e) ensure the protection of human rights and fundamental
freedoms and the rule of law.
(5) The State President shall not hold any other State or public office.

While the Prime Minister:

179. (1) There shall be a Prime Minister of the Republic, who shall be the Head
of Government.
(2) The Prime Minister shall direct and co-ordinate the work of the
ministries and the preparation of legislation, and is responsible to
(3) The Prime Minister shall preside at meetings of the Cabinet.
(4) In the absence of the Prime Minister, the Deputy Prime Minister shall
perform the functions of the Prime Minister.
(5) The Deputy Prime Minister, when performing the functions of the
Prime Minister under clause (5), shall not exercise a power of the
Prime Minister in relation to—
(a) nomination or recommendation for appointment to a public
office; or
(b) the allocation of functions to or the transfer of functions from
the Deputy Prime Minister, a Minister or a Deputy Minister.

I have an issue also with the marriage section…..The constitution recognizes just opposite sex marriages …what abt same sex marriages?…. i know biblicaly it is not right but remember we have freedom of religion/worship ….. one can be a pagan or any other thing….
Gay marriages should also be allowed because these people are also Kenyans but the constitution says the following on Family

42. (1) The family is the natural and fundamental unit of society and the
necessary basis of social order.
(2) Every adult has the right to marry a person of the opposite sex, based
upon the free consent of the parties.
(3) Every adult has the right to found a family.

I TOTALLY DISAGREE WITH SOME CLAUSES ON THIS CONSTITUTION.The ones mentioned above. This what i personally feel. Kenyans go through it am still going through it …..
am still reading


Posted by on November 19, 2009 in Uncategorized



  1. Alice

    November 19, 2009 at 12:17 pm

    Just a comment on the issue of Gay Marriages……you try to connect the issue of homosexuality to religion but i beg to differ. Homosexuality is not only condemned by Christianity but also other religions, having said that, i think homosexuality is not a religious issue but a moral issue. Kenyan society is not ready to embrace this practice… is a perversion of what is natural and i applaud the committee for disallowing it.Gays have been granted freedom of religion just like the rest of Kenyans…they don’t need a license to display their abominable behavior. what you need to keep in mind is that homosexuality is NOT a religious issue!!

  2. kimdiva

    November 20, 2009 at 10:07 am

    How does the COE expect kenyans to strip themselves the power to elect their chief executive and hand it over to parliment the same parliament that made Kenya a one party state via section 2(a)? How soon we forget! I will vote NO!

  3. malo

    November 20, 2009 at 10:13 am

    Excellent job by CoE who definitely considered many competing interests. This doc is already 100 times better than the Wako rejected one, and 1000 times better than our current constitution. My only comment is that the senate is an overkill. We can use those resources elsewhere.

  4. ken

    November 20, 2009 at 10:15 am

    I’ll need 2 seat down n read it thoroughly-thanks 2 those directing us with the links to download from plus who else than nation. But i’ve to commend the good work done by these eleven members of the coe, esp the chair, Nzamba Kitonga, who as a reminder was the state counsel in the goldenberg case, VC, Atsango chesoni, who has really been dedicated n a strong representation for the female citizes n all the rest, n believe that this’ll land us to the promised land.

  5. josh

    November 20, 2009 at 10:21 am

    This sounds like a good start for Kenya. I am optimistic it sounds a great constitution from the summary in the Nation Paper.We should never again allow people in Nairobi to dictate who gets a road done or a bridge built in a Kenyan village. That is the work of a regional government. We should never again have a chief Executive (president) who sits in a White House on the hill and yet he is an MP and member of parliament who should answer questions in the house. It sounds like a great day for Kenya.

  6. muranga

    November 20, 2009 at 10:23 am

    am eager to here from an economist, because am worried of how much it will cost to run this kind of government, because we cannot just work to pay taxes only…..

  7. maureen

    November 20, 2009 at 10:24 am

    This is a excellent piece of work. Its definitely a harmonized constitution. The only addition i would prefer is that they ban all state officers and Mp’s from owning businesses OR any other private company positions. I don’t why such a blatant omission when its very well documented that the corruption is fueled by these connections or conflict of interest in legislation.

  8. Mureithi

    November 20, 2009 at 10:26 am

    Although the issue of dual citizenship has been given some prominence, We in the diaspora would also like to actively participate in this debate. We feel that our views should also be collated as we represent a very important constituency which should not only be appreciated when it serves as a cash cow. In fact, I personally feel that we should have, as a special interest group, an MP representing Kenyans living outside the country. BMJ Muriithi in Atlanta.

  9. joes

    November 20, 2009 at 10:27 am

    I think this is a very good draft. The powers of the state president have been well outlined, the parliament now has a security of tenure, the senate which will represent all regions of the nation and oh my God, a cabinet of not less than 15 and not more than 20. Plus dual citizenship and equal gender representation in parliament. Thats a definate Yes from me. amuteru, you can get the copy in the link below; Josembi, London UK

  10. Evan. Joseph M.B. Johnbull

    November 23, 2009 at 4:46 pm

    Kenyans,I say bravo! for the progress on the draft constitution.But please don’t allow the Gays to have a place value for their evilous, barbaric and satanic sexual behaviors. In sierra Leone, the practice is referred to as DOG-HABIT. May God be your helper.


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