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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
In Summary
- State to provide basic needs like food, water, housing, life and good health
Early this year the Government swung into action and introduced two categories of maize flour targeting the poor to cushion them against acute food shortage.
The move also coincided with food riots locally and other parts of the world.
However, the supply of the flour which was selling at Sh52 per two-kilogramme packet and Sh72 for the poor and rich respectively lasted barely three months.
Such will not happen should the draft constitution become law — the draft promises a new dawn that will give many Kenyans a ray of hope and a smile.
Unveiled to the public for debate on Tuesday, the draft says it will now be the government’s obligation to provide basic needs like food, water, housing and health.
“Once entrenched in the constitution, the State will be obligated to put in place mechanisms for provision of the rights and take action... We are excited. The human rights are secured,” a jovial Kenya National Commission on Human Rights vice-chairman Hassan Omar said.
Unlike in the current Constitution where the Bill of Rights only centred on political and civil liberties, the draft prepared by the Committee of Experts extended to economic and social rights including basic needs that are essential for reasonable standard of life.
The Bill has further constitutionalised the KNCHR and given it broad mandate like oversight of security agencies and powers to investigate maladministration and offer remedies.
“It is now a government obligation. These are what we call positive rights. The government will be expected to do something,” Mr Omar said.
The draft says every person has the right to health, which includes the right to healthcare services, including reproductive healthcare. Furthermore, no person may be refused emergency medical treatment. On education, it says every person has he right to education.
The State, the document to be discussed by Kenyans for 30 days adds, shall institute a programme to implement the right of every child to free and compulsory pre-primary and secondary education and in so doing, shall pay particular attention to children with special needs.
“The State shall take measures to make secondary and post-secondary education progressively available and accessible,” it says.
Acceptable quality
On food, the document says every person has a right to be free from hunger and to adequate food of acceptable quality. It adds that every person has the right to clean and safe water in adequate quantities.
The proposed laws say every person has the right to life and that a person shall not be arbitrarily deprived of life.
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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.
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There is no thing like free lunch. Who is going to pay for these new entitlements?
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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
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