|
Issues and Questions for Public Hearings
What specific issues
in security, healthcare, water, education, shelter, food and
employment should the constitution deal with?
Basic Rights
The current Constitution guarantees
civil and political rights but does not make provision for social,
economic and cultural rights.
Q: Are our constitutional provisions
for fundamental rights adequate?
Q: What other rights should be
entrenched in the Constitution?
Q: The Constitution guarantees the
right to life. Should the death penalty be abolished?
Q: Should the Constitution protect
security, health care, water, education, shelter, food and
employment as basic rights for all Kenyans?
Q: Who should have the
responsibility of ensuring that all Kenyans enjoy basic rights such
as security, health care, water, education, shelter, food and
employment?
Q: What specific issues in security,
health care, water, education, shelter, food and employment should
the Constitution deal with?
Q: Should the Constitution provide
for compulsory and free education? If so, up to what level?
Q: Should Kenyans have the right to
access to information in the possession of the State or any other
agency or organ of the State? If not, explain why?
Q: Should the Constitution guarantee
all workers the right to trade union representation? If not, in what
circumstances?
Q: What other basic needs of Kenyans
should the Constitution guarantee?
The handicapped: Some
Constitutions make special provision for the rights of groups of
people who have suffered from marginalisation due to historical,
socio-cultural or other reasons. Our current Constitution does not.
The Rights of
Vulnerable Groups
Some constitutions make special
provision for the rights of groups of people who have suffered from
marginalisation due to historical, socio-cultural or other reasons.
Our current Constitution does not.
Q: Are the interests of women fully
guaranteed in the Constitution? If not, how should women's rights be
addressed?
Q: Are the interests of people with
disabilities fully taken care of?
Q: What specific concerns of people
with disabilities should the Constitution address?
Q: How can the Constitution
guarantee and protect the rights of children?
Q: What other groups do you consider
to be vulnerable? Why?
Q: Should the Constitution make
provisions for affirmative action in favour of women and other
vulnerable groups? If so, what form should such provisions
take?
Ogiek Women perform
traditional rites in the forest: Land is the basis of economic
development in Kenya and should be owned and managed in a
sustainable way.
Land and Property
Rights
Land is the basis of economic
development in Kenya and should be owned and managed in a
sustainable way.
Q: Who should have ultimate
ownership of land (the State, the Government, the local community or
the individual)?
Q: Should the Government have the
power to compulsorily acquire private land for any purposes?
If so, under what terms and conditions?
Q: Should the State, Government or
local authority have the power to control the use of land by the
owners or occupiers?
Q: What issues concerning transfer
and inheritance of land rights should be addressed in the
Constitution?
Q: Should there be a ceiling on land
owned by an individual?
Q: Should there be restrictions on
ownership of land by non-citizens?
Q: Should the procedures for
transfer of land be simplified? How?
Q: Should men and women have equal
access to land? If so, what mechanisms should be put in place to
ensure this?
Q: Should the pre-independence land
treaties and agreements involving certain communities - such as the
Maasai, Mazrui and the Coastal Strip - be retained? If not,
why?
Q: Should Kenyans own land anywhere
in the country or should there be restrictions?
Q: Should the Constitution guarantee
access to land for every Kenyan?
Cultural, Ethnic and Regional
Diversity and Communal Rights
Kenya has a rich diversity of
cultures that are not addressed in our Constitution.
Q: Does Kenya's ethnic and cultural
diversity contribute to a national culture?
Q: Should cultural and ethnic
diversity be protected and promoted in the Constitution?
Q: What cultural and ethnic values
derived from our collective experience should be captured in the
Constitution?
Q: Do you consider yourself part of
a distinct social group whose interests should be catered for in the
Constitution?
Q: How would you like the
Constitution to ensure that your interests as a distinct group are
fully taken care of? What specific concerns should the
Constitution address?
Q: How should ethnicity be dealt
with to ensure unity in diversity and security of the person and of
property?
Q: Should the Constitution provide
for protection from the discriminatory aspects of culture?
Q: Should we have one national
language or two?
Q: Should the Constitution recognise
and promote indigenous languages?
Link : http://www.nationaudio.com/News/DailyNation/Adverts/crck/basicrights.htm
-----------------------------------------------------------------------------------------------------------------------------------------------
Chairman`s Message
Prof. Yash Pal Ghai,
Chairman,
The Constitution of Kenya Review Commission
Happy Constitution
Making
Constitution making is
a watershed in a people's history. This process of constitutional
review is an exhortation to all the people of Kenya to participate
effectively so as to have true ownership of the final product.
The Constitution of
Kenya Review Act sets out the organs and agencies of the review
process and provides as fundamental to the process, participation by
the people. The role of the Constitution of Kenya Review
Commission is to facilitate the participation of the people in the
process of constitutional review.
The mandate of the
Commission in discharging its role is set out in the Act. A key part
of the mandate is for the Commission to listen to the people's views,
interpret those views and convert them into constitutional issues.
These issues and
questions for public hearings are being published in order to aid
the review process. The Commission hopes that these questions and
issues will form broad guidelines for wananchi in presenting their
views and memoranda to the Commission, for discussions at
Constituency Constitutional Fora, for the Commission itself in the
collection of views and for all the other organs of the review
process.
The issues and
questions are only guidelines. They are not exhaustive and are not
meant to inhibit any individual or group from raising other
questions or issues of constitutional consequence.
The Commission welcomes comments on
these issues and questions and suggestions of additional questions
and issues to be addressed in the review process. A more detailed
background paper on the issues and questions is available from the
Commission.
Happy Constitution
making!
KenCom
House, 2nd Floor
P. O. Box 10526,
Nairobi
|
