Law proposes right to a full stomach

• 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.

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.