Re: ARTICLES THAT OPEN PANDORA BOX

Read with 143(4) -  and see what harm we are doing to our Republic. 

A whole Section dealing with the Laws of Kenya was omitted by the CoE. This is how it was in both Bomas (Article 3A) and Wako 2005 (Article 3) drafts:

The Laws of Kenya

The laws of Kenya comprise this Constitution and each of the following laws to the extent that it is consistent with this Constitution:

(a) laws enacted under this Constitution;

(b) the Acts of Parliament in force immediately before the effective date;

(c) any other law that was recognized by the courts as part of the laws of Kenya immediately before the effective date;

(d) personal laws of the peoples of Kenya;

(e) the rules of law generally known as the common law or the doctrines of equity, as they relate to the practice and procedures of the courts;

(f) the laws of the East African Community; and

(g) customary international law, and international agreements, applicable to Kenya.

Note that the International Laws/Treaties were not at par with the Constitution of Kenya. They clearly were subordinate. Further, Parliament was required to approve them. 

For whose benefit was this section changed?

Omtatah

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From: Douglas <dougmach@gmail.com>
To: mlalahoi@googlegroups.com
Sent: Tue, July 27, 2010 4:51:41 AM
Subject: Re: ARTICLES THAT OPEN PANDORA BOX

I agree with you Sang.

On 27 July 2010 14:30, Buiywo Siongiki <kubesto@gmail.com> wrote:

Dear Sang,

some things are just meant for Africans and africans who cannot differenciate good from bad.Similarly like the Rome statute- Kenyans blindly signed the document when the greatest democracies as we say US  and others NEVER signed. reason-so that no one can hold them accountable not like africans.

 

Buiywo

On Tue, Jul 27, 2010 at 11:32 AM, sang kip <kipjsang@yahoo.com> wrote:

In the section on the supremacy of the constitution article 2(5) reads:

"The general rules of the international law shall form part of the law of Kenya"

Article 2(6) reads:

"Any treaty or convention ratified by Kenya shall from part of the law of Kenya under this constitution"

What will stop this from allowing same sex marriage in the name of war against homophobia? This is a Pandora box packed with all kinds of goodies such as abortion (better known internationally as planned parenthood), same sex marriage, lesbianism, gay-ism, transgender, etc (referred to in the West as war against homophobia), etc.

Article 2(5 &6) is a Pandora box.No other constitution under the sun puts the country at the receiving end like this draft.

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