Since this has been brought up on-list, I presume we are free to comment on-list ;-) My comments are on the link between; a) Abortion and 'any other written law' in the context of international law that may allow abortion or 'county law' that may be determined after we pass the draft. Will treaties of other international instruments that are automatically effected via this draft be considered 'any other written law'? b) From my little reading, Kadhi courts are not 'customary courts' in the same way as native courts, which became 'magistrates courts'. They are RELIGIOUS COURTS. Let's not pretend about that. If they were similar to magistrates courts as put forward by our 'expert', then a Christian or Hindu student of Islamic law may as well qualify to be appointed as a Kadhi. Kadhi courts are not open courts the same way as a muslim or Hindu can be appointed as a magistrate or Chief Justice. A Christian or Hindu woman who proves himself in administering Islamic law cannot become a Kadhi, even if he is the financier (tax-payer) of such courts. Overall, this CoE draft seems like a Yes. It is only fair if we start to identify the bits of the draft that need to be amended once it is passed. The No campaign at the previous referendum always used to remind us that one rotten potato spoils the whole sack of potatoes. What has changed? Doesn't that wisdom still apply? ;-) There is alot Banking sector is concerned about in relation to the chapter on land and manufacturers/investors have queries that have gone unanswered in attempts to avoid being branded a 'no' campaigner. I say, vote for the draft on condition we also agree on things that must be amended either before or after August 2010. Even the pro-yes brigade of President Kibaki and PM Raila admit it is not perfect and 'tutabadilisha hapo pengine'. Let's discuss the 'hapo pengine' today, not after 4th August. On 5/26/10, alice <alice@apc.org> wrote:
Dear all
For those following (all Kenyans of course...) the constitutional review process, please see below.
best
alice
-------- Original Message -------- Subject: [reformsnow] If we vote YES for the proposed Const.... Date: Wed, 26 May 2010 03:53:54 -0700 (PDT) From: Wamuyu Gatheru <wamuyulearn@yahoo.co.uk> To: alice@apc.org CC: reformsnow@lists.reformsnow.or.ke
Hi all, We are still struggling to get Constitutional reform behind us. Please find attached a brief question and answer write out done by Njoki Ndungu, a COE Commissioner, breaking down some issues: how muslims pay for Christian, Hindu etc marriages, what ratification of an international treaty means, how devolution will work...
*Today's Fact*: If we vote YES for the proposed Constitution no proposed legislation can be delayed for longer than one year beyond the time specified for its enactment (see the 5th schedule on legislation). For example, new law on Citizenship (dual citizenship, women passing on citizenship to spouses after 7 years, law abiding residents obtaining citizenship after 7 years...) should be in place in one year. If after 2 years this legislation is not in place, Parliament will be ordered by the High Court to enact the legislation within a specified period of time. If Parliament fails to obey this order, _Parliament will be dissolved_.
regards, Wamuyu
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