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
(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
(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