CONSTITUTIONAL REFORM

BY Kimani Wanjiru(Uraia Spokesperson)

 

“The constitution was passed on August 4^th 2010 and promulgated on the 22^ND same month, as our foundation of laws; and from that day the ground shifted. The power now basically belongs to the civilians rather than the elective leaders”, opened the Uraia spokesman, Mr. Kimani Wanjiru.

Uraia is a national civic program that has 4 main branches in its core of duties:

1.     Entrenchment of constitution
2.      Independence of the Judiciary
3.     Free fair electioneering
4.      Increased opportunities for previously marginalized people i.e. women and children.

He continued to say that for starters thanx to the new constitution the president is required to follow certain procedures when he’s making appointments i.e. like the Chief Justice position, Director of Public Prosecutions, Police Commissioner, county commissioners and the likes. With this he stressed that we as Kenyans and more necessarily the youth are required to really interact and know the constitution as it’s a form of a bureaucratic revolutionary tool. Failure to do so, what happens is that we inherit the debt left or imposed on us by the electives, if not properly checked, pilling up with every new regime.

Below is some of his constitutional citing.

CHAPTER 1 OF THE NEW CONSTITUTION

SECTION 1: SOVEREIGNTY OF THE PEOPLE

1.       (1) All sovereign power belongs to the people of Kenya

 (2) The people may exercise their power either directly or through their democratically elected representatives.

This means that if elected, we as citizens have the power and right to ‘call the elective back’ on the basis of non-performance.

SECTION 2: SUPREMACY OF THE CONSTITUTION

2.       (1)The constitution is the supreme law of the Republic and binds all State organs at all levels of government and all persons.

(5)A person or a group of persons may bring in action in the appropriate court for a declaration that any law, act or omission is inconsistent with, or is in contravention of, this constitution.

SECTION 3: DEFENCE OF THE CONSTITUTION

3.       (1) Every person has an obligation to respect uphold and defend this constitution.

(2)Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful.

“Basically these rights come with responsibility and it’s our obligation to really know our rights and implement or put into effect this constitution”, stressed the Uraia spokesperson.

On top of our constitution he later on pointed out that we should at minimum also respect our National Anthem. Our National Anthem basically is our national prayer and our basic means for reconciliation, reintegration and unity as a nation.

Other than this he said that it’s very important to have good foreign policy with the outside world at large. Kenya or any country is never an island and can’t exist in isolation in our globalized world. Even with this we should also choose our international friends keenly and carefully. In the 2007 P.E.V it was our international friends led by Koffi  Anan, former TZ President Mkapa, and delegates of the African Union that brought about the end of the civic political war. They came with four agenda items

1.   Peace and reconciliation
2.    Humanitarian Crisis
3.    Coalition or political reconciliation
4.      Long term issues

These long term issues included:-

·         Constitutional and institutional reforms

·         Youth issues, particularly unemployment

The coming elections are thus very important to the constitutional implementation as it will mark and effect the:-

•    Official departure from old to new constitution
•     Setting up of proper institutions and structures that will help us realize power of the new constitution. That is for example clear separation of powers between the Executive, Judiciary and Legislature.
•       Making of the whole principal of shared government operational. That is the national and county government
•       Enhancement of processes that will make sure previously marginalized group(women and children) are actualized in the whole question of governance. These include aspects of the youth to benefit not just politically but also give them opportunities for employment.

CHAPTER SEVENTEEN OF THE NEW CONSTITUTION

SECTION 258: ENFORCEMENT OF THIS CONSTITUTION

      (1)    Every person has the right to institute court proceedings claiming that this constitution has been contravened or is threatened with contravention.

CHAPTER 4

SECTION 22: ENFORCEMENT OF BILL OF RIGHTS

      (1)    Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.

The equality clause in the Bill of Rights says that “every person is equal before the law;” that “equality includes the full and equal enjoyment of all the rights and fundamental freedoms;” and that the State, private institutions and individuals may not discriminate against people on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, color, age, disability, religion, conscience, belief, culture, dress, language or birth.”

Mr. Kimani summarily closed his session by stressing that, basically the constitution is our mother governing law; hence we as citizens have the power to file a petition to the courts due to parliamentary amendments or it’s misrepresentation by any party, individual or arms of the government.