After following up the history of Omtatah as a civil society activist, it is quite clear that the fellow works for whoever is willing to pay handsomely.I no longer believe that this fellow has a cause for all his struggles!
Such fellows do not deserve your busy schedule. The draft will pass with or without his vote!
OKINDA JT
From: Catherine Mumma <cathymumma@yahoo.com>
To: mlalahoi@googlegroups.com; kenya-alternatives@googlegroups.com; ProgressiveMinds <ProgressiveMinds@yahoogroups.com>; PEOPLE FOR PEACE IN AFRICA <ppa@africaonline.co.ke>; Young professionals-ke <youngprofessionals_ke@googlegroups.com>; africa- oped <africa-oped@yahoogroups.com>; NVK-Mageuzi@yahoogroups.com; New Vision List <newvisionkenya@yahoogroups.com>; Miziziyahaki Pwani <miziziyahakipwani@yahoo.com>; Wanabidii Googlegroups <wanabidii@googlegroups.com>
Sent: Wed, July 28, 2010 12:24:42 AM
Subject: RE: ARTICLES THAT OPEN PANDORA BOX
Mr.Omtata,
There is no difference, in effect, between what you have cited and what is in the current PCK. Tell us which words in your citation indicate that the international laws /treaties are subordinate and which words in the PCK make the International laws/ treaties to be 'at par' with the constitution. It's very clear that Kenyan's won't take in your distortions and lies. Cede the futile strategy and tell the real reasons for your supporting 'NO'; in any case you don't need to give any reason since it's your right to make that choice.
Catherine
From: mlalahoi@googlegroups.com [mailto:mlalahoi@googlegroups.com] On Behalf Of Okiya Omtatah Okoiti
Sent: Tuesday, July 27, 2010 5:08 PM
To: mlalahoi@googlegroups.com; kenya-alternatives@googlegroups.com; ProgressiveMinds; PEOPLE FOR PEACE IN AFRICA; Young professionals-ke; africa- oped; NVK-Mageuzi@yahoogroups.com; New Vision List; Miziziyahaki Pwani; Wanabidii Googlegroups
Subject: 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
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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