THE SUPREME LAW

By Quintas Wesonga

Kenya's constitution is lauded as being one of the best in the world today. However most Kenyans have little or no idea what the noble document contains. All they know is that they either voted yes or no on 4th August 2010. This is what makes it rank so highly:

For the Kiswahili lovers, today you can use your language in any official function or even make an application for a job in Kiswahili. Article 7(2) provides that both English and Kiswahili are official languages but only Kiswahili is the national language. Wapi nduru?

Article 258(1) allows any Kenyan to institute a proceeding in court if you feel the constitution is being contravened or threatened. In fact to give more powers to the people, article 22(3) (c) provides that no fee shall be charged by court to institute such a proceeding.

If anybody arrests you, you have to be duly informed on why such action is taken on you and taken to court in not more than 24 hours. There is no imprisonment before trial. Article 49(2) states that one cannot be remanded in custody for an offence punishable only by fine or imprisonment of less than six months.

MPs who do not perform by the end of the first two years can be recalled by voters. Law making is not only for MPs. Public participation is guaranteed and any Kenyan can propose an amendment of the constitution by popular initiative by collecting 1 million signatures of registered voters. Read article 251 and get surprised for free!

When I hear people talk of the police force, I wonder whether they are Kenyans. Article 243 establishes the National Police Service., not the police force. The difference is that the former exercises professionalism but the latter doesn't. To achieve gender balance, no body shall comprise of more than two-thirds of same gender and in article 250 (11) the chair and vice-chair of any group shall not be of same gender. This is the most misinterpreted clause. Whoever said that women should comprise a third and be vice-chairpersons I wish to know. Women can also be two thirds and hold the chair and it would still be constitutional.

I overheard my friend say Raila will not vie for presidency again because of his age which the constitution prohibits. Such a thought is nowhere in the wonderful document. The only limit is the minimum age of 18 years. There is no maximum anywhere. The only specific qualification is that one must be a Kenyan by birth.

Are you aware that article 231 (4) requires that the Central Bank of Kenya prints money (notes and coins) with images depicting Kenya and not the portrait of any individual? However, item 34 in transitional clauses which is the last item in the constitution provides that money available on effective date shall remain valid.

There are those who come from poverty-stricken areas and worried that their county government may not be able to collect any substantive revenue. Article 204 is a relief. One half per cent of the total revenue by the national government will be put in an equalization fund for this purpose in the first 20 years.

Just as a matter of clarification, the term central government should be unheard of but instead use national government. Likewise use devolved government for local government and national revenue authority for Kenya revenue authority. Get used to cabinet secretaries not ministers, deputy president not vice president and principal secretary instead of permanent secretaries.

Just to conclude, the 47 women reps do not just represent and present issues of women in parliament but is just an affirmative action to increase the number of women in the house. They are just ordinary members of parliament.