How a company can comply with the Constitution

I believe that more than ever before the issue of the constitution should not be about blaming and claiming. It should be dialogue based, both public and private companies are part of this dialogue. It should be about shaping opinions and working towards promoting human dignity for all.

Already there has been debate about the one third gender rule in the boards of public companies. The National Gender Commission has been actively following this matter. Recently, the Limuru Golf Club has been in a case of discrimination against women some of whom are very prominent and influential in the financial services sector. These in my view are only drops in the ocean.

All people want to feel respected and valued and companies must now proactively promote the realization of fundamental rights within their ranks. I believe that corporate can carry out some crucial measures which can be classified in three stages.

The first step should be a due diligence audit to answer the question, Where are we? This will involve looking at the current operation structure and how they appreciate such principles as justice, fairness, equality, accountability and good governance. The company should also examine its human rights policy, if any.

The next important stage will be to conduct an audit of the constitution and the many new laws that were enacted by the tenth parliament. This will enable a company understand the new legal and constitutional environment in which it operates. This should also be accompanied by an audit of recent decisions from our reformed judiciary. Why? Because Kenyan courts have demonstrated that they will be firm in defending the constitution. This will enable a company understand the judicial philosophy of reform and how the company can best prepare in the event of a suit, but most importantly mitigate against such risk.

The last stage is to combine the first two stages. The goal will be to align systems and structures within the organization with the new rules and regulations.

In conclusion, corporate organizations will reap more benefits by carrying out a human rights/constitutional due diligence audit. The other side of the coin is that the new dispensation also comes with many opportunities especially as you think of county governments and companies must be ready to take advantage of emerging investment opportunities. Lastly, young and promising entrepreneurs should also position themselves to take advantage of the opportunities and operate their new ventures in a rights-compliant manner.