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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
Rank: Veteran


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: 13,821
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: 3,905
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: 13,821
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: 3,905
@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.
muganda
#51 Posted : Wednesday, May 05, 2010 5:47:27 AM
Rank: Elder


Joined: 9/15/2006
Posts: 3,905
@slammers are you still with us? smile

Chapter 6: Leadership and Integrity
How aptly titled this chapter is; a true reflection of the aspirations of the Kenyan people. Or perhaps an indication of the lack of integrity in present times - no such chapter in the current constitution


point 15: Authority assigned to a State officer is a public trust to be exercised in a manner that is
-consistent with the constitution,
-demonstrates respect for the people,
-brings honour and dignity to the office,
-and promotes public confidence in the integrit of office

Guiding principles for leadership and integrity include
-selection on basis of personal integrity, competence..
-objectivity and impartiality in decision making
-selfless serice based solely on the public interest..
-accountability to the public for decisions and actions..
-discpline and commitment in service to the people



point 16: (75) State office shall behave in a manner that avoids any conflight of interest. A person removed from office from contravention of appropriate conduct is disqualified from holding any state office.


point 17: (76) Gift or donation to a state officer is a gift or donation to the Republic and shall be delivered to the state.
A state officer shall not maintain bank account outside Kenya except in accordance with an act of parliarment...

(77) A full time state officer shall not participate in any other gainful employment; shall not hold office in a political party; if receiving pension from public funds shall not accept more than two positions as chairperson/director/employee of 'parastatal' or state organ

wasee
#52 Posted : Wednesday, May 05, 2010 5:51:26 AM
Rank: Member


Joined: 2/5/2010
Posts: 273
Location: NBI
aemathenge wrote:


For the record, I have not registered and I do not intend to until after 2012.


@aemathenge If you dont have one then you are not qualified to comment/ask anything on the katiba or leadership!
Brewer
#53 Posted : Wednesday, May 05, 2010 6:16:51 AM
Rank: Member


Joined: 6/24/2008
Posts: 238
Muganda, have you considered starting another thread titled "Download Draft Here" or something like that?
masukuma
#54 Posted : Wednesday, May 05, 2010 6:38:42 AM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
@muganda, sorry to drag you back. the foreigners we are talking about have already gotten Kenyan citizenship.
but there is a list of criteria to satisfy including being in the country for 7 years e.t.c.
please proceed.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
aemathenge
#55 Posted : Wednesday, May 05, 2010 7:05:17 AM
Rank: Elder


Joined: 10/18/2008
Posts: 3,434
Location: Kerugoya
@Wazee,

Oh, really? Watch me.

Incidently, I was invited to assist in IT for IIEC in our area but I pointed out I have not registered and do not intend to. I was adviced that that would infact be an advantage in that I would be impartial, their word, not mine.

Would you also be kind enough and point out which part of the constitution that makes it compulsory to register as a voter?
poundfoolish
#56 Posted : Wednesday, May 05, 2010 7:34:09 AM
Rank: Elder


Joined: 12/2/2009
Posts: 2,458
Location: Nairobi
wasee wrote:
aemathenge wrote:


For the record, I have not registered and I do not intend to until after 2012.


@aemathenge If you dont have one then you are not qualified to comment/ask anything on the katiba or leadership!


As it has often been aptly put

If you dont own cattle, why bother attending a cattle dip meeting?

"kama hauna ng'ombe, mikutano ya kamitii ya cattle dip, unaenda kwa nini?"
Mpenzi
#57 Posted : Wednesday, May 05, 2010 7:37:28 AM
Rank: Veteran


Joined: 10/17/2008
Posts: 1,234
Obi 1 Kanobi wrote:
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.


@Obi 1 Kanobi You are wrong. There is no way a case determined under Islamic law on marriage, for example, can then be determined under the Marriage Act on appeal - that would be total confusion.
Wendz
#58 Posted : Wednesday, May 05, 2010 7:49:16 AM
Rank: Elder


Joined: 6/19/2008
Posts: 4,268
Mpenzi wrote:
[quote=Obi 1 Kanobi]

@Obi 1 Kanobi You are wrong. There is no way a case determined under Islamic law on marriage, for example, can then be determined under the Marriage Act on appeal - that would be total confusion.


@Mpenzi

Obi is right. remember i said i consulted a lawyer yesterday? His explanation was, when you fail to agree at the kadhi courts and you move your case to the Court of Appeal or High court whichever it is, then you have in essence decided not to be bound by kadhi court anymore and have agreed to be bound by another law (the law of the land) so in that case, the law of the land (and not the kadhi laws)applies. So essentially, kadhi courts and islamic law stop being applied once you move your case to high court or court of appeal and you agree to be bound by the laws you have sort to use to determine your case. The two laws cant be applied together, apparently - May be to avoid contradiction.
2012
#59 Posted : Wednesday, May 05, 2010 12:24:39 PM
Rank: Elder


Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
aemathenge wrote:
For the record, I have not registered and I do not intend to until after 2012.


Not to worry, we'll be making decisions for you just don't come complaining after...

BBI will solve it
:)
Jaina
#60 Posted : Wednesday, May 05, 2010 1:16:08 PM
Rank: Member


Joined: 5/13/2008
Posts: 558
How fast do kenyans forget.
Less than 3 yrs ago, people killed others for "voting"

Now i see we seem to have forgotten the reasons and are back at it again. Arguing with passion or lust for or aganist the draft. While at it we demonise those who have opted to abstain or taking a different path from our own.

Everybody has a reason as to why they have taken the path that they have chosen "in their own intrest". Why is it so difficult to respect that??.

Just a reminder: Kenya ina wenyewe.
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