copy and pasted ....


> PRESS STATEMENT
>
>
> UNACCEPTABLE ERRORS IN THE PROPOSED CONSTITUTION OF KENYA
>
> Whereas the Proposed Constitution of Kenya that was launched by the
> AG is written in British English, there are many foreign words that
> litter the document?s text. The text of the Proposed Constitution
> neither highlights nor provides a glossary of the following foreign
> words:
> a. Article 24(2)(b) the word ?fundmental?
> b. Article 92(i) ? the word ?politcal?
> c. Article 95(4)(c) - ?expediture?
> d. Article 115(3) the word ?amendeds?
> e. Article 173(4) the word ?Judicary?
> f. Article 216(4) the word ?comission?
> g. Article 250(8) the word ?indepenedent?
> h. Article 254(3) the word ?commisssion?
> i. Third Schedule ? In the Oath? for a Cabinet Secretary
> the word ?Presidentfor?
>
> Are the following missing clauses deliberate loopholes for later
> mischievous insertions after the Proposed Constitution is ratified,
> especially given that already we have more than one version of the
> document in circulation?
> a. Article 41(3): Sub-clauses (a), (b), (c) and (d) are missing;
> b. Article 103(1)(e)(i) refers to a Clause 2 which is missing;
> c. Fourth Schedule, Part 1: Clause (27) is missing
> d. Sixth Schedule, Part 6: Sub-Clause (27)(2) is missing
>
> Why are there two Sub-Clauses numbered (b) in Clause 234(3)? Which
> one is binding when reference is made to Clause 234(3)(b)?
>
> What is the meaning of Clause 20(3)(a)? Should the words "does not
> give" be replaced with the word "gives" for it not to undermine the
> mandate of the Judiciary? If it is supposed to stop courts from
> creating new rights and freedoms then it does not say so. What it
> does is to undermine the entire Bill of Rights.
>
> Other glaring mistakes in the Proposed Constitution of Kenya include:
> a. Article 163(1) the phrase ?There is established the
> Supreme Court, which shall consists of?
> b. Article 260 the phrase ??county legislation? means a law
> made by a county government or under under authority conferred by a
> county Assembly?;
>
> We are interrogating the Proposed Constitution of Kenya to audit its
> doctrinal soundness and architectural integrity. That audit has
> already unearthed ninety-three problems. We will release the results
> of our audit to the public when done, hopefully, next week.
>
> It is unacceptable for a document that is going to be the foundation
> of the Republic of Kenya to be so recklessly drafted. Hence, mid
> next week, KEJUDE will petition the Honourable Independent
> Constitutional Dispute Resolution Court seeking, among others,:
> (i) An official declaration that the Proposed Constitution of
> Kenya fails the integrity test and must be redrafted to fix all
> errors, including those not highlighted above; or
> (ii) That an addendum of amendments required to fix the errors
> must be introduced at a multiple question referendum; and
> (iii) That the planned single question YES-NO referendum be
> declared a nullity in toto.
> (iv) That no translations of the original English version of the
> document should be undertaken into any other language until the
> meanings of the foreign words is given.
>
> We, therefore, call upon President Mwai Kibaki and Premier Raila
> Odinga, the Committee of Experts and those organisations and
> individuals currently conducting civic education, the Interim
> Independent Electoral Commission preparing for the planned YES-NO
> referendum, and all those involved in any process aimed at imposing
> this faulty Constitution on Kenyans to immediately stop wasting
> public funds and endangering the Republic. To impose the faulty
> Constitution, that will make Kenya practically ungovernable, is a
> frightening act of war on the people of Kenya.
>
> In the meantime, we call on the Hon. Attorney General Sitswila Amos
> Wako, and the entire team that assisted him edit the said document,
> to immediately own up for failing Kenya in such a monumental way.
>
> Finally, we affirm that we want a new Constitution. But we do not
> think that anything that is not the current constitution is what the
> people of Kenya crave. And, even though we recognise that because
> human beings are not perfect their works cannot be perfect either,
> we strongly believe that not being perfect does not stop us from
> pursuing perfection as an ideal. We have an obligation to try to be
> perfect. Hence, when we come across mistakes, we are bound to
> rectify them, not to learn how to live with them.
>
> Signed:
>
> Okiya Omtatah Okoiti - 0722-684-777
>
> Director,
> Kenyans for Justice and Development (KEJUDE) Trust
> Date: Thursday, May 20, 2010

Can you also post the draft as printed so that we can ratify your allegations????

@McReggae - examples

Clause 20(3)(a)
20. (1) The Bill of Rights applies to all law and binds all State organs
and all persons.
(2) Every person shall enjoy the rights and fundamental freedoms
in the Bill of Rights to the greatest extent consistent with the
nature of the right or fundamental freedom.
(3) In applying a provision of the Bill of Rights, a court shall—
(a) develop the law to the extent that it does not give effect to a right or fundamental freedom; and

Article 41(3): Sub-clauses (a), (b), (c) and (d) are missing;

41(3) Every employer has the right—
(e) to form and join an employers organisation; and
(f) to participate in the activities and programmes of an
employers organisation.

Article 103(1)(e)(i) refers to a Clause 2 which is missing;

103. (1) The office of a member of Parliament becomes vacant—
(a) if the member dies;
(b) if, during any session of Parliament, the member is
absent from eight sittings of the relevant House without
permission, in writing, from the Speaker, and is unable
to offer a satisfactory explanation for the absence to the
relevant committee;
(c) if the member is otherwise removed from office under
this Constitution or legislation enacted under Article 80;
(d) if the member resigns from Parliament in writing to the
Speaker;
(e) if, having been elected to Parliament––
(i) as a member of a political party, the member
resigns from that party or is deemed to have
resigned from the party as determined in
accordance with the legislation
contemplated in clause (2); or
(ii) as an independent candidate, the member
joins a political party;
(f) at the end of the term of the relevant House; or
(g) if the member becomes disqualified for election to
Parliament under Article 99 (2) (d) to (h).
70
(3) Parliament shall enact legislation providing for the
circumstances under which a member of a political party shall
be deemed, for the purposes of clause (1) (e), to have resigned
from the party.

True masukuma about needing a referendum, especially the wording in 20(3)(a) though it could be correct to say the court is left to develop the law on fundamental rights and freedoms where the law is wanting.

McReggae, please get a copy or else we concede there are so many versions of this draft constitution that we would not know which one we are voting for.

@Brewer, as long as the law being setup does not change the meaning of the law in this Draft (DAFT) constitution.
kwanza when did courts start making laws?