copy and pasted ....


> PRESS STATEMENT
>
>
> UNACCEPTABLE ERRORS IN THE PROPOSED CONSTITUTION OF KENYA
>
> Whereas the Proposed Constitution of Kenya that was launched by the
> AG is written in British English, there are many foreign words that
> litter the document?s text. The text of the Proposed Constitution
> neither highlights nor provides a glossary of the following foreign
> words:
> a. Article 24(2)(b) the word ?fundmental?
> b. Article 92(i) ? the word ?politcal?
> c. Article 95(4)(c) - ?expediture?
> d. Article 115(3) the word ?amendeds?
> e. Article 173(4) the word ?Judicary?
> f. Article 216(4) the word ?comission?
> g. Article 250(8) the word ?indepenedent?
> h. Article 254(3) the word ?commisssion?
> i. Third Schedule ? In the Oath? for a Cabinet Secretary
> the word ?Presidentfor?
>
> Are the following missing clauses deliberate loopholes for later
> mischievous insertions after the Proposed Constitution is ratified,
> especially given that already we have more than one version of the
> document in circulation?
> a. Article 41(3): Sub-clauses (a), (b), (c) and (d) are missing;
> b. Article 103(1)(e)(i) refers to a Clause 2 which is missing;
> c. Fourth Schedule, Part 1: Clause (27) is missing
> d. Sixth Schedule, Part 6: Sub-Clause (27)(2) is missing
>
> Why are there two Sub-Clauses numbered (b) in Clause 234(3)? Which
> one is binding when reference is made to Clause 234(3)(b)?
>
> What is the meaning of Clause 20(3)(a)? Should the words "does not
> give" be replaced with the word "gives" for it not to undermine the
> mandate of the Judiciary? If it is supposed to stop courts from
> creating new rights and freedoms then it does not say so. What it
> does is to undermine the entire Bill of Rights.
>
> Other glaring mistakes in the Proposed Constitution of Kenya include:
> a. Article 163(1) the phrase ?There is established the
> Supreme Court, which shall consists of?
> b. Article 260 the phrase ??county legislation? means a law
> made by a county government or under under authority conferred by a
> county Assembly?;
>
> We are interrogating the Proposed Constitution of Kenya to audit its
> doctrinal soundness and architectural integrity. That audit has
> already unearthed ninety-three problems. We will release the results
> of our audit to the public when done, hopefully, next week.
>
> It is unacceptable for a document that is going to be the foundation
> of the Republic of Kenya to be so recklessly drafted. Hence, mid
> next week, KEJUDE will petition the Honourable Independent
> Constitutional Dispute Resolution Court seeking, among others,:
> (i) An official declaration that the Proposed Constitution of
> Kenya fails the integrity test and must be redrafted to fix all
> errors, including those not highlighted above; or
> (ii) That an addendum of amendments required to fix the errors
> must be introduced at a multiple question referendum; and
> (iii) That the planned single question YES-NO referendum be
> declared a nullity in toto.
> (iv) That no translations of the original English version of the
> document should be undertaken into any other language until the
> meanings of the foreign words is given.
>
> We, therefore, call upon President Mwai Kibaki and Premier Raila
> Odinga, the Committee of Experts and those organisations and
> individuals currently conducting civic education, the Interim
> Independent Electoral Commission preparing for the planned YES-NO
> referendum, and all those involved in any process aimed at imposing
> this faulty Constitution on Kenyans to immediately stop wasting
> public funds and endangering the Republic. To impose the faulty
> Constitution, that will make Kenya practically ungovernable, is a
> frightening act of war on the people of Kenya.
>
> In the meantime, we call on the Hon. Attorney General Sitswila Amos
> Wako, and the entire team that assisted him edit the said document,
> to immediately own up for failing Kenya in such a monumental way.
>
> Finally, we affirm that we want a new Constitution. But we do not
> think that anything that is not the current constitution is what the
> people of Kenya crave. And, even though we recognise that because
> human beings are not perfect their works cannot be perfect either,
> we strongly believe that not being perfect does not stop us from
> pursuing perfection as an ideal. We have an obligation to try to be
> perfect. Hence, when we come across mistakes, we are bound to
> rectify them, not to learn how to live with them.
>
> Signed:
>
> Okiya Omtatah Okoiti - 0722-684-777
>
> Director,
> Kenyans for Justice and Development (KEJUDE) Trust
> Date: Thursday, May 20, 2010