Thursday 11 September 2014

CONSTITUTION: WHAT WE EXPECTED & STILL EXPECT



  • Independence of the Judiciary is affirmed Article 160.
  • An advanced Human Rights and Equality Commission that will also have power to investigate and summon people involved in Human Rights abuses within the government and with the public.(Article 252)
  • Integrity Chapter, requires an Independent Ethics Commission to be set up that will monitor compliance with Integrity in all government institutions and make investigations, recommendations to the necessary authorities i.e. Attorney General and any other relevant authority.(Chapter Six)
  • Environmental Rights are recognized under Chapter 5(Part 2)
  • The Salaries and Remuneration Commission that is an Independent entity and has the power of regularly reviewing salaries of all State officers to ensure the Compensation bill is fiscally sustainable. Article 230(5).
  • Representation in elective bodies has to effectively meet a gender equity constitutional requirement, namely that no more than two-thirds of members shall be from either gender in its make-up. Chapter 7, Article 81(b)
  • An advanced Bill of Rights that among other things recognizes Socioeconomic rights of the Kenyan citizens. (Chapter Four).
  • The removal of age limit of 35yrs to run for President. New draft allows people to run as long as they are of adult age. Article 137(b)
  • Right to Recall legislators(Senators and Members of the National Assembly).(Article 104)
  • Equitable Sharing of resources between the National government and the County government through a resolution of Parliament. Chapter 12- Part 4.
  • An Equalization Fund to improve basic access to basic needs of the marginalized communities. (Article 204).
  • Freedom of Media establishment from penalty on expression, by the State on any Opinion and dissemination of media. Article 34. This is subject to the Article 33.
  • Any member of the Public has a right to bring up a case against the government on the basis of infringement of Human Rights and the Bill of Rights – Article 23(1)(2). The courts and government institutions are bound to the Bill of Rights as per the constitution Article 2(1), Article 10(1).
  • An Independent National Land Commission created to maintain oversight and manage all Land (Public) belonging to National and County Government and recommend policy on addressing complaints from public, advice the National government on ways of improving National and county land management, planning, dispute resolution. Article 67.

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