Dear
I wish to respond to what has became the hallmark of the NO campaign against the constitution. This time it has been brought to our attention by Sang and was seconded by
You know very well that you don't read articles in isolation. You know it. It is a basic principle of reading the constitution. So why are you doing all these? What is your hidden agenda?
Let me mind us what Sang had written:
"The general rules of the international law shall form part of the law of
Article 2(6) reads:
"Any treaty or convention ratified by
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."
If Sang & co. had bothered to read the PC, article 119(3) on how bills are enacted; article 45(1) on family ….& 45(2).. right to marry a persons of opposite sex….; he would not be taken back to this beaten path. He should have further known that all international treaties MUST eventually be domesticated through parliament before they become operational.
Since the YES Camp believes in the truth all the time, please allow to quote from a recent article by a prominent Kenyan lawyer entitled: TEN REASONS WHY
While making a case under Human Rights, Abortion & International Law, Mr., Monari noted that
"The proposed bill of rights is one of the best any country can ever get.
It covers not only civil political rights but also socio-economic rights and third generation rights. Right to education, food etc will see the government being taken to courts whenever such rights are
violated. And the onus will be on the government to prove that it has taken all the reasonable steps to provide such rights. Further the police powers (both literally & legally) are curtailed and courts
are required to be pro-human rights. Furthermore, this chapter cannot be amended without the approval of the people in a referendum".
More fundamentally, he noted that:
"Article 2(5) and Article 2(6) imports international law to be part of
the country's norms. This is perfectly in order to allow the country develop in line with international best practices and it simply means that the government will not be entering into international agreements
that it is not willing to honour"
Lastly he further noted:
"Abortion is not permitted (Article 26) unless it is necessary to save the life of the mother or allowed under any other written law. This provision has been twisted on the light of Article 2(5) and 2(6) to
mislead persons that abortion is allowed. This cannot be further from the truth. International law which will be a part of our laws recognizes the twin doctrines of cultural relativism and universality. Cultural
relativism stipulates that local settings should be considered before international norms (being pushed by universalism) are given effect. Therefore a court of law is unlikely hold abortion legal in the proposed
constitution."
I hope with authoritative explanations Sang & co can be humble enough to convey back to the high command post of the NO Camp the truth about the articles in question.
In the meantime let's build a united
Regards,
Elijah Agevi
Happy in the Green Corner
From: Douglas <dougmach@gmail.com>
To: mlalahoi@googlegroups.com
Sent: Tue, 27 July, 2010 14:51:41
Subject: Re: ARTICLES THAT OPEN PANDORA BOX
I agree with you Sang.
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.BuiywoOn 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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