News
Law proposes right to a full stomach
She would perhaps not have protested so much at the KICC during the launch of the Harmonised Draft Constitution of Kenya on Tuesday had she known the rights the draft law grants her. Photo/ PHOEBE OKALL
Posted Thursday, November 19 2009 at 22:00
In Summary
- State to provide basic needs like food, water, housing, life and good health
The draft says every person has the right to accessible and adequate housing and to reasonable standards of sanitation.
The State is to establish a housing development fund to enable Kenyans to gain access to more and better housing.
It will further develop and review national housing policy with a view to increasing, regulating and maintaining the national housing stock.
As if these were not enough, the draft advocates for every Kenyan to have a clean and safe environment, and have it protected, for the sake of present and future generations, through legislative and other measures.
Human rights lawyer Harun Ndubi termed the draft a huge progress in protection of rights as it recognises all people are equal irrespective, gender, ethnicity or race.
The lawyer said although the government has room to excuse itself for not providing social and economic rights like food by saying it had no money, it is its duty to explain.
Mr Ndubi said the draft, which says an individual will not be charged for filing a case for violation of his or her Bill of Rights, gives mechanism for enforcement of human rights unlike the current Constitution which only states the basic needs.
The draft constitution, he said, seems to attempt to protect citizens as it gives them the right to go to court.
The document further recognises fundamental rights given by God.
And whichever way you look at it, it will not be impunity as usual for elected leaders.
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Submitted by brawdyPosted November 21, 2009 10:12 PM
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Submitted by Jarakwaro
There is no thing like free lunch. Who is going to pay for these new entitlements?
Posted November 20, 2009 07:22 PM -
Submitted by muzikland
we need new changes and this what Kenyans needed.But no one should accept handouts,every one need to work together to improve everyone else life
Posted November 20, 2009 06:03 PM -
Submitted by Chiga2010
These are the hall marks of a progressive nation. Socioecomomic rights must be firmly entrenched in the constitution.
Posted November 20, 2009 01:14 PM -
Submitted by nihad
The Draft is a Piece of Document which We as Kenyas were Hungry for. Please Just make sure that 48Hrs Under Arrest without charges could be abused. It should be at least 18 to 20HRs and not even 24Hrs.
Posted November 20, 2009 01:05 PM
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Food security, health care, education etc. You dont need a law to tell you that people need these things. They are commonsense stuff. The problem why people have been going hungry for instance, is an economic one; not because we didnt have something writen about it in the constitution. You should only have things in the constitution that are enforceable by law. Unless offcourse you are going to arrest those who run the ministry of agriculture next time famine hits the north east.