Let us start this thing all over again from the top

Our main problem, our main challenge, that started this change the constitution crusade 20 years ago was because, immediately we crafted one in lancaster it was opened up to 'raping'.

please not nothing else was being changed in the draft apart from what concerns governance. single or multy party state, powers of the president, role of judiciary, Parliament and land.
the abuse of the system of government, led to offshoots e.g land grabbing and impunity.
Our problem all along was the structure of government (the executive, the judiciary, and parliament) with all powers having been vested in the executive.

We've had two chances to change this rot, the Bomas attempt and now this COE policy paper.

Now the COE did a good job trying to tame the structures of government. which was was the mandate given by the blood, toil and sweat shed most of the 20 years.
Problem is they went in and did an overhaul on everything, including things we didn't even need touched.

Have a closer look at the Preamble and the Bill of Rights and relate it to the rest of the chapters...

"Abortion is illegal unless..."

Does this mean abortion is allowed or it is not? Hmmm. Sounds like the chicken and the egg problem.

@Tebes.....read 41(2)d under labor relations section.

Show me in the bill of rights where that is being restricted!!

Unless members of disciplined forces are not workers, then they have the right to go on strike.

Mostly, the minimum would be on agricultural land to enable proper planning and this is just a leeway for the future (my understanding). Minimum is not even our major problem right now.... Maximum is!!! Those grabbers must first return our land... then we can deal with minimum when we have land back to us! If we have the lot of land back, then minimum can come in later when we are 120million people and we need to concentrate people in towns for ease of distribution of resources and leave land for reasonable farming to feed that population. I think the intention was to avoid having houses on every piece of land and we lack anywhere to farm in future. Its the way they do it in more developed countries. People lease land to do commercial farming and seems thats where we are headed but that might not find us alive! at least most of those contributing to this post... hehehehehe...

@Kingfisher

Exactly!!! Article 24(5) limits enjoyment of rights and freedom by members of Kenya Defence force and National Police service as outlined in Articles 31, 36, 37, 41, 43, 49. Article 24(5) has specifically spelt out these articles as a limitation to these category of persons!

newfarer

you should definately vote Yes if your issue is land.

Let me give an example. You all know who owned the land from githurai to thika.

If their original leases were 999 years, they can sell a lease to you for 99 years and lower. so when you buy the property, you own it for that time.

it immediately reverts to the original owner of 999 years. In other words, you will build property on their land and get nothing in return. Guess who remains richer?

the land clause is one of the best land clauses in the world. Please take your time and read it. It would be a very sad thing to revert to the present land laws in Kenya. Please I urge you again, ask a valuer or a land planner if you know one what it means to you. There is no space in this forum to do so.

Nanfor thanks .I hope the Parliament will legislate a law specifying whether the minimum clause applies to Urban areas and the minimum acreage for urban and rural areas.

Gentlemen poking holes on governance and land and anything related to that are besides the shorcomings of this draft..
The COE did a perfect job on that area...

The main concerns are that this draft lacks as former LSK chairman Ahmednasir, is a Kenyan blue print, our values and chore beliefs.

eg
Sec 32 (2) "Every person has the right, either individually or in community withothers, in public or in private, to manifest any religion or belief throughworship, practice, teaching or observance, including observance of aday of worship.

and this
Chapter 1
article 2
(5) The general rules of international law shall form part of the law of Kenya.

(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.

The land commission is empowered to investigate historical land issues,so if someone was evicted by wabeberu and then that land bought by someone else after independence and has used the title as security, what will happen.............

This commission will for sure open a can of worms

On land
there wil be a minimum..
theres no point to keep subdividing land that is already too small amongst your numerous sons.. as somebody put by the generation there will be nothing to own there but a 'rumour of land'.

So yes! there will be minimums land but categorised..In cities you could get a title deed for your house no matter the size it occupies.. but in rural area that are now densely populated..possibilities of being clamped into residential areas, leaving the rest for farming are high.