@Wendz, some of these issues were raised but the COE ignored them. All those emails facebook, memoranda dropped at their door step fell on deaf ears. No Wonder they Clergy has BEEF with this chaps.

I am a very happy woman famooz thank you.

If you talk nicely, I can make you happy too

@famooz....

I think you may have forgotten nanfor.... she is not angry, she is only passionate about what she believes in.... so read it in that spirit and you will see what i mean.

Okay so we suffered under later years of Moi rule. Would life have been different under the new proposed 'BILL OF RIGHTS'?


The BILL OF RIGHTS in five parts, is Chapter Four under new constitution, and it is elaabooraaate...

point 6: I think section of application of bill of rights is novel. The court in applying a provision must interpret in a way that most favours enforcement of the right; must promote values that underlie open and democratic society; state shall always be guided by principle that its responsibility is to avail resources...

(22) Every person has right to institute court proceedings claiming fundamental freedom has been infringed. No fee may be charged for commencing the proceedings. The court shall not be unreasonably restricted by procedural technicalities.

(24) The following fundamental freedoms cannot be limited: freedom from torture, slavery, right to fair trial and right to an order of habeas corpus.
...with no exceptions at all unlike in the current constitution which even deems any treatment allowable in Dec 1963 as ok today!!!...




point 7: Oops here comes the big one!
(26) Every person has the right to life. The life of a person begins at conception - all rest being said, this is good. Surely doesn't that mean all the fundamental rights extend to the unborn? Whatever the case, note also that (24) still limits rights subject to law that is based on human dignity, equality and freedom.

My view is the clause of abortion does not expressely permit Abortion. The concerns expressed are it can be manipulated in its current form:
(trained health professional == midwife, doctor, nurse but also abortionist)
(emergency == rape but also wrongful pregnancy)
(health == physical well being but also emotional)



point 8: (27) Women and men have the right to equal treatment including the right to equal opportunities in political, economic, cultural and social spheres.

(45) Family: clause recognises marriage to opposite sex on free consent; bestows equal rights at all times; recognizes traditional marriages.



point 9: Other thubms up include:
-definition of hate speech -privacy of communications -freedom of the media -access to information -clean and healthy environment -consumer rights (quality, information, compensation)

Apart from specifically recognising:
-rights of children -of disabled -of youth - of minorities - of the aged



point 10: It's a long one, so bear with us.
(58) clearly declares state of emergency and it must last 14 days, and only extended for 2 months per time with 75% votes in the house

(59) defines human rights and equality commission to promote its agenda and provide focussed avenue for investigation and remedial actions

@masukuma good points. Realise however that it's impossible to have the constitution perfect - perfect for one, imperfect for some - the art of making a constitution requires give and take.

So I think we can live with the clause on 'ward of the state'.



As relates to compromise on Abortion clauses, there has also been shifting sands:
--Nov 09 draft did not refer to abortion (like the current constitution); so the churches complained and viewed right to reproductive health as mischief
--Jan 10 draft at behest of churches stated life begins at conception. The problem became it outlawed all medical treament including some forms of contraceptives and post conception complications (ectopic, gestation tumuors etc.)
--Feb 10 draft became a compromise between the two extreme positions of the previous drafts.

Don't know to what extent we can live with the abortion clauses as is, but there's evidence the team did try to listen to parties concerned. It is on official record that churches are unhappy with the result!

http://allafrica.com/stories/201004300792.html

@chep

You are right.... he can only be called as a witness if need be... I was wrong.

@chep

I called a lawyer friend to confirm because i remember one time we had a case where we had gotten into an agreement based on islamic law and they had to call a khadhi for interpretation. thats what i was confusing with.

@Wendz and chepkel

If an appeal arises from a matter heard in the first instance by the Kadhi's court, the High Court or the Court of Appeal, as the case may be, has to examine and apply the law that was applied in arriving at the Kadhi's court decision ie Islamic law. But at that appellate level, the court is not sitting as a Kadhis court by as the High Court or the Court of Appeal in which case there is no issue of a Kadhi determining the appeal.But a Kadhi or other expert in Islamic law may be called, not to give an interpretation, but as a witness to give evidence on Islamic law in question. The appeal judge or judges then determine the appeal on their own.

As a point of addition, law schools in Kenya do incorporate a bit of Islamic law in their curricula particularly in the Family Law and Succession course, as it is expected that the students will later on need such knowledge as lawyers or as judges.

(22) Every person has right to institute court proceedings claiming fundamental freedom has been infringed. No fee may be charged for commencing the proceedings. The court shall not be unreasonably restricted by procedural technicalities.

If there is anything that i believe we should read again and again, it is this point.

Long gone will be the days when your "friend" can pay the cop a few bucks to have you sleep in jail.

Lets not forget,robery with violence for stealing a chicken.

I just love this section and just for that,I will bring my grandmother to the poll. She was once slapped by a policeman.

As for the life clause

Does it now mean that the churches will agitate for the elimination of the death penalty? Or is there life of lesser value than mine?

@ Mpenzi. Thank you for the clarification.

Do these Kadhi's have to be trained lawyers/magistrates/judges or anyone with knowledge of Islamic law qualifies to be a kadhi. I heard that there was alot of corruption and cases were not handled very well.