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Jukumu Letu

Jukumu Letu Campaign launched in Nairobi to roll out in 47 Counties

Jukumu Letu Katiba mtaani1

Last week on Saturday 10th January, was the launch of the much anticipated Jukumu Letu country wide campaign to sensitize Kenyans on the need for every citizen to understand and participate in the implementation of the Kenyan Constitution. This is a project derived from the broader Jukumu Letu programme that was developed and is being operationalised by Hivos and its ...

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The Presidential Powers in the New Constitution

Kenya's 4th President and the 1st under Kenya's new Constitution- Uhuru Kenyatta

Kenya’s first constitution was more a replica of British system of governance and ultimately centralized government power to serve the needs of a small political elite. One of chief aims of the Kenya’s 2010 constitution was to reduce the power of Kenya’s “imperial presidency” through formal constraints on the executive. Including allowing him to be impeached. Past presidents used loopholes ...

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The Constitution Guards Against Violation Of Human Rights

Humanrights

The respect for human rights is one of the basic postulates for an ideal society that acknowledges the right of all to search for happiness and advance the greatest happiness for the greatest number of people. The principles of human rights are founded on the idea that in an individual’s search for happiness, one should not diminish that of others. ...

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Institutional Failure and its Effect on Separation of Powers

(image courtesy)

In the past of order of things, the president was paramount chief of the land, a patriarch (baba wa taifa) who could neither be challenged substantively by the courts or parliament. His word was law and policy and those who shared his delegated authority acted like small chiefs of various fiefdoms in the country, some of them chiefs and District ...

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This is Why the Constitution Matters

  The New Constitution was promulgated on August 27th 2010 and was the culmination of 41 years of protests and lobbying. Kenyans celebrated and the world celebrated with us. We finally had achieved what so much had been sacrificed for. Amid all this celebration and the subsequent jaded four years since then, it’s easy to forget why a new constitution ...

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Abortion; Is The Right, right?

The abortion debate

I walk into a room and my friends are in the middle of a very heated discussion on abortions and how the Kenya Constitution has a laudable stand as regards procuring abortions and while at it has not legalized the ‘evilised’ practice in the society. There’s this specific friend of mine that was being bashed quite literally by everyone so ...

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To Dehumanize others is to Dehumanize Ourselves

Abuse of Somali refugees in Kenya (image courtesy)

We cannot violate another person’s humanity without violating our own. This realization led to the adoption of the Universal Declaration of Human Rights by the General Assembly on December 10, 1948. We marked 68 years this week since then, and it cannot be denied that there have been huge gains in human rights world over. However, we must also acknowledge ...

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Devolution is the Answer To Marginalisation

devolution

Speaking after the passing of the new constitution in 2010, then president Mwai Kibaki said the new constitution would be Kenya’s shield and defender in the strive to conquer poverty, disease and ignorance. The three had been declared as the greatest enemies of the new nation soon after independence by founding father Jomo Kenyatta and it became the responsibility of ...

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A Revolution That gave Power Back to the People

A Kenyan lady reading the Constitution

Wherever a civilization has developed, members of that civilization desire to govern themselves, to create order and more conspicuous the allocation of resources- proverbially referred to as the national cake in this part of the world. When the Romans had had enough of the Kings, supreme monarchs who had elevated themselves to near god, they overthrew the monarch and declared ...

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The Mirage of Constitutional Participation In Kenya

The former Kenya President Mwai Kibaki at the promulgation of the new-constitution

Some commentators have referred to Kenya’s 2010 constitution as the most progressive constitution sub-Saharan Africa has ever seen. Well, that might sound a little bit like a hyperbole but the Kenyan constitution lays the perfect foundation for a constitutional a democracy. Of great importance is the role of the constitution gives to citizen sovereignty, the preamble for example explicitly states ...

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Human Rights Abuses continue in the new Constitution

Aljazeera aired the highly talked about, ‘Inside Kenya’s Death Squads’ feature this week. Straight off the Ross Kemp rule book that one, from the special effects, the grotesqueness, and the human side imbued through torturous images of cold blood murder by Kenyan state agents, everything was the same. One could almost certainly see the Ross Kemp narrate his profile of ...

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The Constitution has been a blessing to Kenya

Kenya's former President Mwai Kibaki promulgating the new Kenyan constitution (image courtesy)

Kenya’s 2010 Constitution has had a fair share of success in its four years of implementation. It certainly a reality that without the 2007/8 post election violence and the ensuing mediation efforts, Kenyans would still have the old Constitution. Be as it may, the document which I call the political bible will still need time to be tested for a ...

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Separation of Powers Principle needs to be cultured

separation-of-powers

James Madison on the need for the “separation of powers” because “men are not angels,” profoundly stated   “But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department, the necessary constitutional means, and personal motives, to resist encroachments of the others… Ambition must be made ...

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The Constitution aptly guarantees human rights

(image courtesy)

There is an ongoing concern among human rights defenders and lawyers on The Security Laws (Amendment) Bill which is intended to empower the government and security agencies to fight terrorism. There are many glaring concerns on the Bill, like how Parliament want it rushed which have been captured here How new security law to fight terror infringes on rights. Human ...

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