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why do i vote YES for Kenya proposed constitution
Wa_ithaka
#41 Posted : Tuesday, May 04, 2010 10:55:21 AM
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Joined: 1/7/2010
Posts: 1,279
Location: nbi
Ignoring the Ruto no-ists because theirs is a political succession issue, I am saddened by the fact that so far Christians have refused to part of the give and take without which a new katiba is made. On the issue of abortion, I'd like somebody to ask them whether the mothers' lives are less important than the children they bear.
The Governor of Nyeri - 2017
nanfor1
#42 Posted : Tuesday, May 04, 2010 11:15:35 AM
Rank: Member

Joined: 11/30/2009
Posts: 141
@Waithaka most of those against this have never had to suffer through the tough decisions that mothers and doctors have to make when a life is hanging in the balance.

Just this November, a friend of mine had a very serious complication in shags. There is only a midwife in my shags and the parents had to choose between both the mother and child dying or the child dying. They are very christian. Guess what they chose?

This is a deep issue and should not be clouded in black or white.

It should not have been in the constitution in the first place but they forced it in.

All these people can see is women having a chama for aborting every saturday. aiii?
Hata wakizima taa
nanfor1
#43 Posted : Tuesday, May 04, 2010 11:23:54 AM
Rank: Member

Joined: 11/30/2009
Posts: 141
@muganda bring up the next ones. This abortion thing is not going to change minds. The yeses and nos have decided on this one.

Lete hiyo nyingine.
Hata wakizima taa
Wa_ithaka
#44 Posted : Tuesday, May 04, 2010 1:00:59 PM
Rank: Veteran

Joined: 1/7/2010
Posts: 1,279
Location: nbi
Nanfor-I love life and I don't have to be a mother and doctor to see what the right decision would be. A mother's life when its saved maybe able to have more children.

Surely, all of us are born of mothers and only an idiot would think that if the situation was have to happened that doctors had to choose between his/her mother's life or his/her life, it'd have been for the mother to pass away so he/she can live.

And finally, to focus on just these two issue which are in the current katiba in some form, is to say that the other 200 issues tackled by the new katiba are not important.
No constitution making process has ever attracted 100%
The Governor of Nyeri - 2017
Obi 1 Kanobi
#45 Posted : Tuesday, May 04, 2010 3:07:02 PM
Rank: Elder

Joined: 7/23/2008
Posts: 3,017
Mpenzi wrote:
@Wendz and chepkel

If an appeal arises from a matter heard in the first instance by the Kadhi's court, the High Court or the Court of Appeal, as the case may be, has to examine and apply the law that was applied in arriving at the Kadhi's court decision ie Islamic law. But at that appellate level, the court is not sitting as a Kadhis court by as the High Court or the Court of Appeal in which case there is no issue of a Kadhi determining the appeal.But a Kadhi or other expert in Islamic law may be called, not to give an interpretation, but as a witness to give evidence on Islamic law in question. The appeal judge or judges then determine the appeal on their own.

As a point of addition, law schools in Kenya do incorporate a bit of Islamic law in their curricula particularly in the Family Law and Succession course, as it is expected that the students will later on need such knowledge as lawyers or as judges.


@Mpenzi, Wendz and chepkel

From my understanding, if one apeals the decision of a Kadhi court, then I thot the case going forward is determined under the Kenyan laws and the Islamic laws are henceforth discarded.
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
masukuma
#46 Posted : Tuesday, May 04, 2010 3:58:11 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
@Wa_ithaka, in its current form its open for abuse and everyone including nanfor1 agrees. I think we have tackled this enough.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
muganda
#47 Posted : Tuesday, May 04, 2010 4:12:37 PM
Rank: Elder

Joined: 9/15/2006
Posts: 3,907
Kenyans love land. Chapter Five is in two parts land and the environment. It seems forests, firewood, crop were in plenty in 1963, the word environment does not exist in the current constitution.



point 11: So the new constitution gives us the first principles of land (not just trust land) in our history as a country.

(60) Land in Kenya shall be held in accordance with principles of equitable access, sustainable and productive management, transparent administration, sound conservation etc.

Gender discrimination in law, customs and practices related to land and property ELIMINATED


(61) All land in Kenya belongs to the people of Kenya; classified as public, community or private

Public land is all minerals and mineral oils as defined by law; all rivers, lakes and other water bodies as defined by act of parliarment; land of which no heir can be identified by any legal land process etc.



point 12: So I saw Agok community on TV complaining about 'Katiba'. Did they have a clue? In current constitution their land is Trust land, alloted by county
councils or the president.
(63) Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest.
Community land shall not be disposed of or otherwise used except in terms of legislation specifying the nature and extent of the rights of members of each community individually and collectively.


point 13: Let's get our land back...
(65) A person who is not a citizen may hold land on the basis of leasehold tenure only, and any such lease, however granted, shall not exceed ninety-nine years.


(67) National Land Commission to manage public land on behalf othe national and county governments; monitor and oversee land use planning throught the country

(68) Parliarment shall revise, consolidate and rationalise existing land laws and enact legislation to prescribe minimum and maximum land holding




point 14: Under Part 2, state now has obligations in respect of conservation of environment and natural resources and equitably sharing accuring benefits.

KUDOS - Tree cover must be at least 10% of land area of Kenya. And we can all demand a right to a clean and health environment as prescribed by our bill of rights


How refreshing!!! Whistle
masukuma
#48 Posted : Tuesday, May 04, 2010 4:32:39 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
@muganda, good points.
I like the land laws, they may solve some of our problems
but with dual citizenship point 13 will be weak. please note that citizenship is not nativity. so Lord Dalamere, Basil criticos will still have same tenures.
but i am in agreement of the points so far.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
aemathenge
#49 Posted : Tuesday, May 04, 2010 5:04:37 PM
Rank: Elder

Joined: 10/18/2008
Posts: 3,434
Location: Kerugoya
It is my considered opinion that this "katiba" circus begun because folks were disgusted with the (M Oh One) Presidential powers.

The majority of "our" leaders in power today have consistently agitated for the reduction of these persived powers.

Could someone enlighten me (us) on what the current constitution says about the Presidential Powers as opposed to the the Proposed Constitution.

For the record, I have not registered and I do not intend to until after 2012.
muganda
#50 Posted : Wednesday, May 05, 2010 5:21:24 AM
Rank: Elder

Joined: 9/15/2006
Posts: 3,907
@masukuma As per the constitution, dual citizenship applies to citizens by birth.

Citizenship by registration
(15) Parliament shall enact legislation establishing conditions on which citizenship may be granted to individuals who are citizens of other countries.

Dual citizenship
(16) A citizen by birth does not lose citizenship by acquiring the citizenship of another country.
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