Monday, June 21, 2010

Fundamental Rights and Freedoms: Article 26 – 57 of the Proposed Constitution
The current debate on the proposed constitution has put the Bill of Rights in sharp focus by well-intentioned and ill-intentioned individuals. Let us take time to analyse its provision with a clarion call for proper reading of the draft.

Right to life; Right to human dignity; Right to privacy; Right to access information; Right to assemble, demonstrate, picket and petition; Political rights; Right to property; Labour rights; Right to a clean and healthy environment; Right to use the language and cultural life of one’s choice; Family and marriage rights; Consumer rights; Right to expeditious, efficient, lawful, reasonable and procedurally fair administrative action; Right to access Justice; Rights of arrested persons; Right to a fair hearing; Rights of persons detained, held in custody or imprisoned.

Social and Economic Rights
Right to highest attainable standard of health; Right to accessible and adequate housing and reasonable standard of sanitation; Right to be free from hunger and adequate food; Right to clean and safe water; Right to social security; Right to education

Equality and freedom from discrimination; Freedom and security of the person; Freedom from slavery, servitude and forced labour; Freedom of conscience, religion, belief and opinion; Freedom of expression; Freedom of the media; Freedom of movement and residence;

Rights of special groups
Rights of Children; Rights of persons with disabilities; Rights of the Youth; Rights of Minority and Marginalized groups and Rights of older members of society. Read together with Interpretation clause - Article 260

Source: The Proposed Constitution of Kenya (Published by the A.G on 6th May 2010 in accordance with section 34 of the Constitution of Kenya Review Act [No. 9 of 2008])

This analysis should provoke you as a responsible Kenyan to read the draft constitution to know the exact content of the rights and freedoms.

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