The Bill of Rights in the new Constitution of Kenya (2010) gives guarantees for a wide range of rights and fundamental freedoms. This paper gives an analysis of the Kenyan Bill of Rights in relation to the national development plans and the gains Kenya has made recently since the promulgation of the constitution. The implementation process of these rights entails the reform of policies, legislation, subsidiary law and general administrative practice in a manner that upholds the letter and spirit of the Constitution. Briefly, it gives a glimpse of what constitutes the fundamental rights in the constitution of Kenya 2010 and the development strategy adopted by Kenyans towards realizing the promises articulated in the constitution. This report looks at the accomplishment of some of the rights since the promulgation of the constitution and whether the implementation timelines are met as well as the accruing challenges.
In the discussion, it is clear from the discussion that the realization of the promises in the constitution is on track although at a slow pace. To realize fully the promises in the constitution by 2030 therefore the implementation process and constitutional reforms should be accelerated. 1INTRODUCTION
Kenya has encountered challenges in the realization of human rights throughout its history. The colonial period in Kenya was characterized by both political and socio-economic human rights violations mainly perpetuated by the colonizers against the colonized. One of the most significant protestations against this abuse of their rights came in the form of the Mau uprising in the 1950s that had a great impact on the clamour for independence. Subsequent regimes through the 1960s and 1970s were lauded for their commitment towards improving the situation of Kenyan citizens especially in the areas relating to access to land for small landholders, health, education and poverty alleviation. However, during this period, Kenya was effectively a de facto one-party State, which sharply restricted the enjoyment of civil and political rights, such as democratic rights and activities of opposition politicians and parties. In the 1980’s, the de jure one-party State heightened restrictions on political pluralism and free electoral democratic processes. The ouster of KANU, a party that had been in power from 1963-2002 provided an opportunity for deepened democratic governance reforms and a renewed commitment to the promotion, respect, protection and fulfillment of human rights. After decades of one party rule and attendant human right abuses, the government that came to power in 2002 showed commitment to making a break with the past and creating the necessary enabling environment for the enjoyment of human rights by all without discrimination. It was similarly after this period that the Government commenced the process of signing and ratifying the relevant international and regional human rights instruments with a view to providing the citizens with the widest protection of their rights as possible. However, the violence that broke out after the December 2007 disputed presidential election precipitated the most severe human rights crisis in Kenya’s independent history. This crisis brought into sharp focus the limitations of the country’s democratic governance systems, which generally failed to diffuse the conflict and to prevent human rights violations from occurring. The 2007 post-election crisis also brought with it a renewed sense of urgency for far-reaching constitutional, legal, policy and institutional reforms that have a bearing on the interdependent issues of human rights, democratic governance, the rule of law and security. This turbulent historical background has contributed largely to the economic, political and social challenges that have hindered the realization of rights by a majority of Kenyans. The challenges that need urgent redress are identified as follows:
...RIGHT TO HOUSING UNDER THE CONSTITUTION OF KENYA
The right to housing comprises an intricate part in the realization of one of the most basic needs of a human being, shelter. Everyone has the right to a decent standard of living as stated in the Universal Declaration of Human Rights, a document that has attained the status of jus cogens due to its wide acceptance. Essential to the achievement of this standard is access to adequate housing. It has been said that housing fulfills physical needs by providing security and shelter from weather and climate. It fulfills psychological needs by providing a sense of personal space and privacy. It fulfills social needs by providing a gathering area and communal space for the human family, the basic unit of society. It also fulfills economic needs by functioning as a center for commercial production. Due to various factors including insufficient financial and natural resources, population growth, political upheavals, and rural- urban migration, a vast population of Kenyans especially those living in urban areas end up homeless or in informal settlements. Dr. P.L.O Lumumba in his speech during the World Habitat forum in 2004 described the lengths to which people unable to afford adequate housing go to provide shelter to themselves and their families. He said that some of them end up seeking refuge in, “slums areas, squatting...
A smart, well turned out, soft spoken officer____________ exhibits an exemplary demeanour and conduct in any group or situation. He is mature, decisive and accomplishes desired results without supervision. The officer is persevering and shows exceptional resourcefulness in tackling unforeseen events effectively. Is absolutely honest and utterly loyal to the organisation. Has well developed and ripened mental faculties and provides whole hearted co-operation for his colleagues, superiors and subordinates. The officer is articulate, intelligent, well read, professionally sound, practical and possesses a clear comprehension of tactical concepts and administration.
An extremely methodical hardworking and competent officer who possesses loads of confidence and a well developed personality. His knowledge of all arms and services is commendable and general awareness is excellent. He has excellent knowledge of his command and possesses excellent management and communication skills. A socially well adjusted couple. I would love to have this officer with me in war.
____________is an extremely intelligent officer with charming manner. He is forceful and pushing, conscientious and hardworking honest and upright, and works almost with a missionary zeal. He is technically inquisitive, administratively competent socially amicable and above all a thorough gentleman. He is very logical in his approach, and always suggests sound practical solutions to...
Bill of Rights of the Constitution
Bill of Rights of the Constitution
The Constitution, which establishes the powers and structures of the three branches of government, is very significant. More though is the Ten Amendments known as the Bill of Rights. These amendments focus on our basic rights as citizens and are the standing ground for the Constitution. In this paper, I will share the views of four individuals from Team B. Our rankings will vary depending on each person’s perspective. First, we will explain what we believe is most important and why. Next, we will describe what we feel is least important and least threating. Lastly, we will be exploring anything that we feel has been left out or should be added to the amendments.
Unanimously it is agreed in Team B that the most important and significant is the First Amendment. The First Amendment includes the rights of free speech, a free press, and peaceful assembly (Madison, 2007). The First Amendment allows all of these freedoms to everyone and limits government and guarantees freedom. In our opinion, without these fundamental rights America would not be the land of the free. Ashley McDonald (personal communication, July 31, 2015) people would be limited to speak up for themselves and their beliefs.
For those worrying about having a war on U.S. soil, this...
...The US constitution does not contain a specific right to privacy but the Bill of Rights does imply it. The ninth amendment of the Bill of Rights reads “the bill of rights shall not be construed to deny or disparage other rights retained by the people”. This amendment states that the rights of the people that are not specifically named are still equally important as the ones that are. Since the constitution does not give the government the right to violate privacy, it is said to be the same as retaining the right to privacy for the citizens. It is more of an implied right than an expressed one.
Privacy itself is closely related to the law of libel. Libel protects a person’s character and reputation and what most cases involving the first amendment are about. The Supreme Court has inferred a right to privacy from various portions of the Bill of Rights. The first amendment protects the freedoms of speech, press, religion and assembly and also an implied right to privacy in the form of one’s self-expression.
It is the need to retain the right of self-expression that causes many court cases to reach the Supreme Court. In the case of New York Times VS Sullivan, the New York Times argued just that. After spending four years in an Alabama court, the New York...
...COURSE CODE: LDP 603
ASSIGNMENT: DISCUSS THE MAIN ELEMENTS OF KENYA VISION 2030 AND HIGHLIGHT THE FACTORS THAT ARE LIKELY TO INFLUENCE ITS IMPLEMENTATION
PRESENTED TO: PROF. H.J. KIDOMBO
DATE OF SUBMISSION: NOVEMBER, 2013
PRESENTED BY: GROUP 2 MEMBERS
Sumba K Gilbert
Muriithi P Kimaru
Submitted in partial fulfilment for the award of Masters of Arts Degree in Project Planning and Management
TABLE OF CONTENTS
1. HISTORICAL BACKGROUND
The idea for the development of a long term vision for the country was borne after the successful implementation of the Economic and Recovery Strategy for Wealth and Employment Creation (ERS) (2003 – 2007) that saw the economic growth of the country rise from a mere 0.6% GDP in 2002 to 6.1% GDP in 2006. The Vision 2030 development process was launched by the former president H.E. President Mwai Kibaki on 30th October 2006 where a National Economic and Social Council (NESC) was formed and mandated to formulate the plan. The completed blue print was then launched on 10th June 2008 along with its first implementation plan, the Medium Term Plan 2008 – 2012. The Vision aims to transform Kenya into a newly industrializing, “middle-income country providing a high quality life to all it citizens by the year...
...insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America." The Constitution affected the United States government by giving it power and protecting the United States from absolutism. Starting out as the weaker Articles of confederation and later advancing into the strongerConstitution, the "Supreme Law of the Land" is the back bone of the United States government known today.
Without the strong foundation of the Constitution, the frail nation that was America could not have survived for more than a few more years on the Articles of Confederation before crumbling into chaos. The severe deficit in Congressional power, a deprived government, and no Bill of Rights helped to show Americans that the Articles of Confederation were inadequate for a long-term government and the Constitution was better suited to govern their nation. The new Constitution was a better choice for the American people because of the improved congressional and governmental powers and the eventual adoption of a Bill of Rights.
The Articles of Confederation was the start it everything. It was an inferior choice to the Constitution because the Constitution gave more power to Congress. For...
“In the United States, due process refers to a set of established legal principles, derived from the Constitution, that seek to protect the rights of citizens.” Inga Johannsen was put in a situation in which she was discriminated invidiously. Citizens of the United States were treated unequally, ending in a very unfair result for Johannsen. The study that was found in Utopia was said to be too new to be fully evaluated, meaning, Inga should not have been fired until at least further evidence of this study was said to be accurate, if anything. If the situation was different, for example, Inga had just been hired by the school district; the results may not have been such discrimination towards her personally. However, being said that she has been working for four years and 364 days, the scenario is 100% unfair and self-discriminating.
The time Inga has been with this district is a proven fact that she is indeed a very well teacher for second graders, or she wouldn’t still be working. I believe that to fire someone who’s been so dedicated to their job and has offered the school district itself so much of their time over a hair color is simply wrong. This is a new study that was just found through the think tank and should only be in affect for those whom are trying to be placed as a teacher in the future. Inga wasn’t given the chance to see if this particular study was found to be accurate, which could have resulted in her...
...FRAMEWORK IN KENYA ON THE RIGHTS OF CHILDREN WITH DISABILITIES
Under The Constitution of Kenya, article 2(5) and (6), treaties and rules of international law are part of Kenyan Law. This essentially means that even without domesticating some of the treaties their obligations apply directly to Kenya.
The Convention on the Rights of the Child is the first treaty that protected childrenrights. It guiding principles have a direct impact to children with disabilities. These include; non-discrimination, that these children should not be discriminated on the ground of disability, best interests of the child; under this rubric states must eradicate policy laws which do not place the best interests of the child as paramount, A child’s survival and development; that laws set must aim at ensuring development and survival of the child, and finally, Child participation, i.e. that children with disabilities or organizations representing them be consulted in matters and decisions affecting them. Article 23 of the Convention lays emphasis on the right of these children to special care and support to ensure they live full and independent lives. Most importantly the article guarantees the disabled children all the rights in the Convention.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) through General...