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HAVE YOU READ THE HARMONIZED DRAFT CONSTITUTION YET?

11 Dec

With just a week left to end the public debate on the draft constitution,it has emerged that many Kenyans have not seen gone through and have no or little idea on what it is contained on it. This will make it a little bit hard during he referendum come next year. However some leaders who opted not to publicly discuss on what they feel in regard to the constitution have been highly recommended by people from different walks of life.

Media has been playing a huge role in educating the citizens on what is contained. Many TV stations have been holding debates involving a panel of different professionals who professionally give their views and what they feel on the same. Recently FAMILY TV had a very lively debate on this issue.It was really educative as citizens also gave their views and comments. Below is a clip of what the debate.Let us know your views on the subject.

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3 Comments

Posted by on December 11, 2009 in Uncategorized

 

3 responses to “HAVE YOU READ THE HARMONIZED DRAFT CONSTITUTION YET?

  1. kalvin

    December 11, 2009 at 10:43 am

    Chapter 6
    30. 5.
    I have a feeling that the inclusion in the constitution or even legislation of issues of gender is in itself discriminatory. Particularly when you speak of one gender and you leave the other, we might not be around to witness the conflicts in the future. And you and I know that our society is changing very fast.
    View
    My view is that even men be included in this clause. I believe that even men have special need to. I am looking at a situation where the public officer is a woman. She should also be able to tell the needs of the man. This will also ensure the constitution live up to its spirit that is demonstrated in chapter 6, 36 1 & 2
    Chapter 6
    33. 1. & a
    In chapter 6. (28). (3). (a) the draft states clearly that ‘the rights and fundamental freedoms set out in this chapter belong to each individual and are not granted by the state’. Yet at the same time it sets out in chapter 6. (33). (1). (b). that, ‘No right or fundamental freedom set out in the Bill of rights may be limited except- by a limitation or qualification expressly set out in the provision containing that right or fundamental freedom or by law;
    View
    If the rights and fundamental freedoms are not granted by the state, yet the state can limit them by law as suggested by Chapter 6. (33). (1). (b). then those rights are not secure. Who knows what members of parliament we may have in future who will legislate to have same sex marriages recognised in Kenya, or deny us freedom of worship, or decide to kill babies, or the old or anything.
    Parliament has time and again shown that it cannot be trusted with the welfare of the common person, and many times they would care a lot about their selfish interest. They only security we can institute for us and our children is secure these rights by not giving the legislature nor the executive a leeway to manipulate them.
    Chapter 6
    Again under the same chapter the draft has not secured the right to life of the unborn.
    View
    You and I are here because our right to life was respected. That right which is not given by the state, neither do we give it to ourselves but is God given MUST be respected secured and protected by the constitution for the sake of national security. If we allow us to kill ourselves then we won’t survive as a country for long.
    Chapter 6
    41. 8
    View
    I want to suggest that the draft on many occasions makes reference to international standard etc. But I don’t think those standard are always the best. Why can’t we borrow from the bible now that the spirit of the constitution is assumed to be “the Bible?” The bible has proved time and time again to withstand the shocks of life that wiped away many civilisations like the ones the draft refers to.

     
  2. JANET

    December 11, 2009 at 10:50 am

    I have gone through the constitution and my problem is that employment Clause. In fact i was writing my view on all the clauses that i feel are not right.

    Chapter 6. 61 Social security
    61. I agree that everybody has a right to social security, but I think this provision is shallow. Proper social security under this article should include compulsory saving as a rate of ones earning. The reason being that if we don’t do this most of our people are by nature irresponsible. I suggest the following:

    that
    1. every employed person in the formal and informal sector be registered as a member of NSSF
    2. and that NSSF be independent from the government and regulated and that
    3. Every employee contribute a mandatory 15% of their earnings to the social security fund (the Ksh 200 mandatory is a slap in the face of employees)
    4. Every employer pay an equal amount for every employee on their payroll (apart from this being one way of giving the employee a secure future it will also ensure funds are available to the real sector for development)
    5. Every employee should pay an additional 2% of their pay for health insurance subject to a minimum that may be set by the ministry of health.
    6. and every employer as well to pay a similar amount of 2% toward the employee’s health insurance.
    7. the government should come up with a policy for both health and social security for the rest of the population.
    8. the government through legislation should make sure that medical facilities offer good quality health services, by instituting an independent health oversight body, that is free of political interference, and should have powers to act on complaints about medical services offered.
    9. The government in its development agenda should construct more hospital and increase bed capacity ahead of the population growth rate.
    10. The government must employ enough medical personnel to attend to the country’s sick.

    The suggestion above might seem expensive in the beginning particularly to the employer, but they can implement this by halting one year’s salary increment and directing the proceeds towards this cause. No country can develop if it lacks a savings plan, and worst still it will collapse without good health for its workers and citizens.

    Chapter 6. 64 & 65
    64. That, ‘Every person has the right to accessible and adequate housing and to reasonable standard of sanitation
    65. Every person has the right to be free from hunger and to adequate food of acceptable quality.’

    I would like to question the above clauses, because they are incomplete. Whose obligation is it to ensure the two clauses are complete.

    View
    64. I would have expected the draft to put the responsibility of housing to the government particularly in cities, regional cities, and county cities, because housing is a matter of state security. The country can never be secure is the people are not well housed. I would rather the government does it for the sake of the poor and the low income people who suffer the most in our country. If the government does it will improve
    a. health of our people,
    b. promote development,
    c. secure the environment, because there will be order
    d. will spur economic growth, because people wont worry about rent.

    This can be achieved through zoning, and proper sewer, water, electricity, and effective transport system, preferably rail transport for the masses. We can be proud of our country.

    The government should do by (example. When a young person finishes school and is registered for social security, they should also be registered for house ownership, payable through a mortgage provided by the state at an interest rate of say 3 or 4%, and paid as rent. That would bring stability, end ensue decent housing. Housing should form part of the social security of an individual; nobody is secure if they don’t have a house.) Of course if a person works in Nairobi (for example) he must be sleeping in a house somewhere not with his mother& father.

    And of course the government can do it, so don’t shy away from asking it to do it. If a Norwegian lady can come to Kenya and build houses in Nairobi, 2-3 bed-roomed with a kitchen, store, bathroom and toilet complete with solar power & water, and have people pay monthly between 1500 -2500 rent that is actually mortgage payment, Don’t tell me the government can’t do it. And the government will be doing this for its people. I don’t want to believe that an outsider cares so much about our people than we do.

    1. Have a record of all city dwellers
    2. Use the national social security fund number to project the number of housing needs
    3. Provide those houses based on the earning power of the individual
    4. Have the new employees pay 20-25% of their pay, charges as rent but would in actual sense be mortgage payment at the rate of 2-3% interest with the allowance for lump-sum payment.
    5. The mortgage should be repaid over a period of between 10-30yrs.
    6. The government should also make similar provisions for rural people

    If the government does this then even house rents would stabilize, and we will have some sanity in the real estate sector.

     
  3. MARY

    December 11, 2009 at 10:58 am

    Yes i watched this show on Family TV but i think there was one man who was out of topic and felt like he didn’t have a clue of what was happening. Kenyans should be careful of what they hear from whoever. The best thing is for the government to make the document available to all in all languages.
    Those who are disabled i.e blind should also be put to consideration.
    Listen to other views and make your own decision.

     

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