CONSTITUTION OF KENYA REVIEW ... - ConstitutionNet

eferendum, if the national conference does not agree on. Whatever the Kenyans then decide is final. Parliament is actually just
going to adopt the document. To give it the legal status. Otherwise they are not supposed to amend anything, or change
anything when the document goes to parliament. So they are not supposed to make any changes. So the people are the final
say in this particular one.
Now, Henry Kioi. Agriculture. I just want to agree with you that maybe we need to have more clear provisons in that area on
the issues of agriculture and we have been told by two other groups, that we need to look at that. I think I have addressed
issues of historical injustices, by suggesting that we can expand on the section on Truth and Reconciliation which falls under
Human Rights and Administrative Justice . The details on the land commission. There were a lot of details on the land
commission and they were taken out because it was suggested that parliament may not actually deal with that land issues as well
as possible but I think the question of land is an area that a lot of people feel there will be more debate when we go to the
national conference.
Now, Mungai, we talked about employment. You talked about how much are those employed by private bodies and private
individuals protected by the constitution and I was going to say that the protection that we find is actually to be found under the
Bill of Rights. Under the Bill of Rights we are talking about the right to have ones human dignity respected; and that one can be
part of what one can use against those oppressing them within the private sector. We are talking about the right necessary for
human dignity. Like if somebody has hired you and you are not able to meet the basic needs, there are a number of provisions
that actually as an individual within the Bill of Rights, you are protected from and there are many bodies that one can go for
support including the Human Rights and Administrative Justice .
Now you had a problem with – sorry Patrick Waweru, how is the katiba foreign? I have also been asking the same. Because I
have not been able to find provisions iria iri in this constitution cie foreign. So, those who think they are foreign maybe they are
foreigners here; because wherever we are going, maundu maira twaritire, itho tomaria mwerwo ni mwanake uyu? Gutiri
undu mugeni na one of the things I can say niate, we as a commission, tutiri twathii out of this country by the way.
Many commissions, even the land commission has been travelling all over the world to find out how other people deal
with the land. Ithue tutinona thaa cia guthii anywhere, although nitwa plan-iti guthii but we did not go. The only
foreign places we went to are places like Busia, North Eastern and Coast. Maybe there were foreign to some of us because we
have not been there before. So, those are the only foreign places that we have gone to and all these information comes from all
over Kenya. So, anyone who thinks that the document is foreign, I have no idea of what is meant by that. So that question I
cannot answer.
The other issue that was raised, National Heroes day I think I have talked about it. There was a misconception, this is the one
we released on the 18 th and this one is a draft report. It was a draft report and with some recommendations not in the form of
the constitution, but with some of the recommendations. I want to say the recommendations which are there about the judiciary
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