The Constitution of Kenya Review Commision

 

      Issues and Questions for Public Hearings

 

What specific issues in security, healthcare, water, education, shelter, food and employment should the constitution deal with?

 

 

 

 

 

 

 

 

Basic Rights

The current Constitution guarantees civil and political rights but does not make provision for social, economic and cultural rights.

Q: Are our constitutional provisions for fundamental rights adequate?

Q: What other rights should be entrenched in the Constitution?

Q: The Constitution guarantees the right to life. Should the death penalty be abolished?

Q: Should the Constitution protect security, health care, water, education, shelter, food and employment as basic rights for all Kenyans?

Q: Who should have the responsibility of ensuring that all Kenyans enjoy basic rights such as security, health care, water, education, shelter, food and employment? 

Q: What specific issues in security, health care, water, education, shelter, food and employment should the Constitution deal with?

Q: Should the Constitution provide for compulsory and free education?  If so, up to what level?

Q: Should Kenyans have the right to access to information in the possession of the State or any other agency or organ of the State? If not, explain why?

Q: Should the Constitution guarantee all workers the right to trade union representation? If not, in what circumstances?

Q: What other basic needs of Kenyans should the Constitution guarantee?
 

The handicapped: Some Constitutions make special provision for the rights of groups of people who have suffered from marginalisation due to historical, socio-cultural or other reasons. Our current Constitution does not.

 

The Rights of Vulnerable Groups

Some constitutions make special provision for the rights of groups of people who have suffered from marginalisation due to historical, socio-cultural or other reasons. Our current Constitution does not. 

Q: Are the interests of women fully guaranteed in the Constitution? If not, how should women's rights be addressed?

Q: Are the interests of people with disabilities fully taken care of?

Q: What specific concerns of people with disabilities should the Constitution address?

Q: How can the Constitution guarantee and protect the rights of children?

Q: What other groups do you consider to be vulnerable? Why?

Q: Should the Constitution make provisions for affirmative action in favour of women and other vulnerable groups?  If so, what form should such provisions take?

 

Ogiek Women perform traditional rites in the forest: Land is the basis of economic development in Kenya and should be owned and managed in a sustainable way.

 

Land and Property Rights

Land is the basis of economic development in Kenya and should be owned and managed in a sustainable way.

Q: Who should have ultimate ownership of land (the State, the Government, the local community or the individual)?

Q: Should the Government have the power to compulsorily acquire private land for any purposes?  If so, under what terms and conditions?

Q: Should the State, Government or local authority have the power to control the use of land by the owners or occupiers?

Q: What issues concerning transfer and inheritance of land rights should be addressed in the Constitution?

Q: Should there be a ceiling on land owned by an individual?

Q: Should there be restrictions on ownership of land by non-citizens?

Q: Should the procedures for transfer of land be simplified? How?

Q: Should men and women have equal access to land? If so, what mechanisms should be put in place to ensure this?

Q: Should the pre-independence land treaties and agreements involving certain communities - such as the Maasai, Mazrui and the Coastal Strip - be retained?  If not, why?

Q: Should Kenyans own land anywhere in the country or should there be restrictions?

Q: Should the Constitution guarantee access to land for every Kenyan?
 

 

Cultural, Ethnic and Regional Diversity and Communal Rights

Kenya has a rich diversity of cultures that are not addressed in our Constitution. 

Q: Does Kenya's ethnic and cultural diversity contribute to a national culture?

Q: Should cultural and ethnic diversity be protected and promoted in the Constitution? 

Q: What cultural and ethnic values derived from our collective experience should be captured in the Constitution? 

Q: Do you consider yourself part of a distinct social group whose interests should be catered for in the Constitution?

Q: How would you like the Constitution to ensure that your interests as a distinct group are fully taken care of?  What specific concerns should the Constitution address?

Q: How should ethnicity be dealt with to ensure unity in diversity and security of the person and of property?

Q: Should the Constitution provide for protection from the discriminatory aspects of culture?

Q: Should we have one national language or two?

Q: Should the Constitution recognise and promote indigenous languages?

Link : http://www.nationaudio.com/News/DailyNation/Adverts/crck/basicrights.htm

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Chairman`s Message

 

Prof. Yash Pal Ghai, Chairman, 
The Constitution of Kenya Review Commission

Happy Constitution Making

Constitution making is a watershed in a people's history. This process of constitutional review is an exhortation to all the people of Kenya to participate effectively so as to have true ownership of the final product.

The Constitution of Kenya Review Act sets out the organs and agencies of the review process and provides as fundamental to the process, participation by the people.  The role of the Constitution of Kenya Review Commission is to facilitate the participation of the people in the process of constitutional review.

The mandate of the Commission in discharging its role is set out in the Act. A key part of the mandate is for the Commission to listen to the people's views, interpret those views and convert them into constitutional issues.

These issues and questions for public hearings are being published in order to aid the review process. The Commission hopes that these questions and issues will form broad guidelines for wananchi in presenting their views and memoranda to the Commission, for discussions at Constituency Constitutional Fora, for the Commission itself in the collection of views and for all the other organs of the review process.  

The issues and questions are only guidelines. They are not exhaustive and are not meant to inhibit any individual or group from raising other questions or issues of constitutional consequence.
 
The Commission welcomes comments on these issues and questions and suggestions of additional questions and issues to be addressed in the review process. A more detailed background paper on the issues and questions is available from the Commission.

Happy Constitution making!

 

 

 

 

KenCom House, 2nd Floor
P. O. Box 10526,
Nairobi

Tel: 343601/2 Fax: 343603, Nairobi
Email: constitution@nationaudio.com
Website: www.kenyaconstitution.org

 

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