Constitutional Anatomy: Prelude

I've got to say, I'm pretty pleased with myself. I recently acquired something which makes me very proud, no its' not a 52" flat screen TV (damn!) but a spanking new voter's card. Despite chronically suffering from last minute syndrome this time round, I managed to get my card well ahead of the deadline, on April 16 to be exact. I never voted at the last referendum, mainly because I had no card and didn't really care about it.

Things are different this time. After seeing the devastating effect of politics gone awry I am now keen on putting my best foot forward in making sure my voice counts with what happens in this country. It is why starting today I intend to vigourously examine the proposed new constitution to determine whether it merits my YES vote or should be given a big NO.

I will warn you that I might already have some biases, being human after all but will do my best to keep this examination open-minded and impartial. So go get your voter's card and join in the debate.

"The strength of the Constitution lies entirely in the determination of each citizen to defend it. Only if every single citizen feels duty bound to do his share in this defense are the constitutional rights secure." ~ Albert Einstein.

Comments

A Young Entrepreneur Who Refused to Look for a Job

A read I thought would be of interest: LITTLE might be known about Imran Khosla, but not so for those who frequent courts or those in the information and communication technology industry. His is a story of a young entrepreneur who has refused to sit and just wait for jobs to come but has decided with the little cash he has to start off his own business that is now giving birth to new ventures beyond what he had imagined. Now in his late twenties, Imran set up his first electronic shop which also sold computer accessories in 2008. “After hearing lots of stories about graduates who have had tormenting search for jobs to no avail, obviously that was not the route I wished to take. I wanted to create my own job, and be my own boss, this was the inspiration that threw me into the world of entrepreneurship, and four years on, I tell you all is well and you cannot believe it I have over ten employees, and whose turnover is running into fortunes now,” Imran says with a cheer. His journ...

Sine qua non

Reader’s discretion: Strong Language and Violence Paxa Rainne slams her open palm on the car horn frustrated. Another matatu has overlapped and cut her off just as she was to join the highway. Driving into town from Ngara is still a nightmare, despite a spanking new superhighway. Rainne wonders if her naivety in being polite to other road users is a magnet for this menace. Rainne has been in traffic now for over an hour and has hardly moved ten metres, giving way to dozens of other vehicles but not getting any reciprocation. She wriggles her bare toes, driving shoeless in these conditions is more comfortable. She takes comfort in that small luxury. The lotion she applied on her feet earlier is keeping them nice and cool. The conductor of the matatu swings wildly from the door as it narrowly misses Rainne’s front bumper. “Siste, huku ni Nairobi, jikakamue”! She glares at him and he returns a lewd look, seemingly excited at the fact that he’s unnerved ...

TO MENS REA OR NOT TO MENS REA

Does excluding mens rea in the Statement of Offence make a charge defective? Rule of Law When a person is accused of an offence, his constitutional right to a fair hearing requires that he should be informed of the charge with sufficient detail to answer it [1] . In order for an accused person to be informed of the charge, first the charge is drawn up and secondly it is stated to him. Drawing the Charge A charge or information is drawn with sufficient detail to answer it if it contains: a statement of the specific offence or offences with which the accused person is charged; and particulars necessary for giving reasonable information as to the nature of the offence charged [2] . The framing of a charge or information should follow the rules laid down in Section s137(a)(ii)the Criminal Procedure Code which provides: 137(a)(ii) the statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of ...

Startup Kenya

Search This Blog