All

Art 45(2) says

Family
45. (1) The family is the natural and fundamental unit of society and the necessary
basis of social order, and shall enjoy the recognition and protection of the
State.
(2) Every adult has the right to marry a person of the opposite sex, based on the
free consent of the parties.



BUT what the NO side is saying is that the constitution does not state that people from the same gender can not marry. Taht is where the issue is as it has not been barred by this BAD katiba.

It should have stated that:"Same sex marriages are not allowed" or something like that. Was this too dificult to put in or did the Americans push for it to be removed.?????

@Wendz

I am no learned friend.

However that does not bar me from commenting on mundane things like this one.

No one should seek to write the constitution through the courts, - as some statements here may suggest - that the constitution did not go further to state this way or that way.
Even the recent judgment on Kadhis courts bold as it was, stated categorically that it is not the business of courts to determine what is in the constitution or otherwise.
However subject to the constitution (all relevant sections), if anybody were to discriminate against another person, just because they are gay, then they would be contravening the constitution.

Gays can coexist but such liaisons would never be recognized as a marriage/family as defined in section 45.

All said and done in my view the word SEX as utilized in section 27, can only be construed to mean Male or Female. Nowadays there are amaphrodites though!!!


Issues of sexuality and sexual orientation are not covered here or anywhere I have seen in the proposed Constitution.

An alternative view well argued is welcome.

http://www.nation.co.ke/...808/955548/-/7g0ip5z/-/

Like the colonialists, the ‘No’ camp believes that Ukambani is ripe for conquest. That is why Higher Education minister William Ruto, the ‘No’ camp kingpin, smells blood there.

Yet Ukambani, set to prosper under the proposed constitution, suffered immensely under the Kanu dictatorship of which Mr Ruto was an integral cog.

Think of the ignominies that the region has endured because of the oppressive Kenyan state. Ukambani is a byword for all that ails Kenya: Famine. Decrepit roads. Lack of adequate and clean water. Malnutrition. Environmental degradation. Land grabbing. Domestic violence. Poor schools. Teenage pregnancy. HIV/Aids. Police brutality.
Vuluku ndalika veleke, indi veleke no alike vuluku

Fundaah, yu are one patient person. Wewe kweli ni mgwana.

wakati mwingine pia, wawache tu.

You can't change some of these people's ideas. As long as ruto said it, it is true.

I heard ruto say that and I puked my meat. Ati homosexuality is allowed because it is not there.

in that case, cannibalism is allowed as it is not expressly written.

jameni hata kama hamtaki katiba, sasa hizi arguments zimezidi. aiiii!!

There is only afew days left for me.. and my job will be done ..God willing ....Aug 5 ....I will not have laboured in vain...
Isaiah 65:23
They will not toil in vain or bear children doomed to misfortune; for they will be a people blessed by the LORD, they and their descendants with them.

I will continue working tirelessly to bring real liberation to those oppressed by the current Bad law....I say govenance issues are well addressed in the Draft....Abortion ... kadhis courts are Just sideshows by those who want my people to continue being oppressed by poverty ignorance and lack of basic ammenities at the grassroots....
Hosea 4: 6 (KJV) My people perish from a lack of knowledge.