EACLJ.org

East African Center For Law & Justice

The Constitution Review

Kenya is at a cross roads. The country is on the verge of finishing a fight that started many years ago. It is a battle that has been fought from parliament to court houses to the streets. Many were incarcerated in the struggle while some even gave up their lives. The clamor for a new and all encompassing document has been a long one... but there is finally light at the end of the tunnel. Everyone, the EACLJ included wants a new document. A document that will correct a history of injustices that have existed since colonial times. A document that will ensure the right of every citizen has been taken care of. A document that will ensure a thriving democracy in which the rule of law is adhered to at all stages. A draft document has been drawn up and a referendum is due to decide whether it will be adopted or not.

EACLJ's stand on the draft constitution is a resounding no for a myriad of reasons outlined elsewhere in this site.

The current draft constitution is available for download here in this website.

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Top Ten Reasons the Church is saying No


Here are the broad strokes why the church is saying No

  1. Article 2 (6) - The provision that International Conventions and protocols ratified by Kenya form part of the constitution under this constitution is mischievous.  We must have a constitution that provides for domestication so that the Kenyan people, through parliament, have a chance to agree with international proposals, or to reject them.  We cannot entrust the whole countries law making to one delegation of some international meet.  Domestication of all international conventions, protocols and treaties must be maintained.

 

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Frequently Asked Questions on the Constitution

1. Why is a National Constitution important?
The Constitution of a nation is the most important governance document. It is the mother and father of all laws. Any law that is in conflict with the Constitution is null and void. It defines the people, their values and the nation and its destiny. Kenya 's current constitution was written in London with the help of the British colonialist. It is under review to correct past anomalies and ensure justice, fairness and equity for everyone.

2. Why are Christians against Kadhis Courts in the Draft Constitution?
Christians are against the inclusion of Kadhis Courts because it is an outright injustice to other religions. Kenya is a multi-religious society! Christians' objections to the inclusion of Kadhi Courts were ignored by the government, the Constitution of Kenya Review Commission, the BOMAS gathering, the Committee of Experts and most recently the Parliamentary Select Committee. Christians are left with no choice but to vote against the new Constitution unless the Courts are removed.

 

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The Issues


Issue No.1: Homosexuality:

There have been homosexuals among us, as our brothers, and sons, however, it is a practice frowned upon, and practiced in secret. There are parts of the world where homosexuality is embraced, even celebrated, but in Kenya, this is still a foreign concept, and does not have acceptability among the greater majority of Kenyans. For the Constitution to be amended to expressly allow homosexuality would be unacceptable for most Kenyans. For the Constitution to be amended to remain silent or non committal on the issue means in future a simple majority of members of parliament, which could be as few as 21MPs could pass a law in support of the practice. The potential is that same sex marriages could be enacted in the same way, thereby altering the face of Kenyan Society forever.

 

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The Constitution Review


Why is a National Constitution important?

The Constitution is the most important governance tool in any country since it is the mother law upon which all the other laws derive their authority and existence. It provides the framework for the rest of the laws to be expanded and derived. It defines the people’s most fundamental values, and protects their most cherished freedoms.

What is Constitutional Review

This is the process via which a Constitution is looked over and amended. Because of its very nature as a Mother Law, the Constitution is the most difficult of all laws to amend. Other laws can be changed with a simple majority in parliament, after a motion tabled by a single member of parliament, and debated by the MPs in the House.

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