Kenya finally moves into a new era

Kenya’s new constitution has been praised as one of the most progressive in Africa, and indeed, against the background of a troubled passage from Independence in 1963 that has been marked by a mixture of dictatorship, oppression and suppression, the Bill of Rights is one of the most liberal in Africa.

Unlike in the old Constitution where the Bill of Rights only extended to political and civil liberties, the new law extends to economic and social rights to a reasonable standard of life.

The Bill of Rights contains some of the most fundamental freedoms for Kenyans, including the freedom of the media, the right to access information, and the rights of persons detained, held in custody or imprisoned.

Every Kenyan has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened.

Kenyans are now moving into an era where fundamental freedoms shall not be limited except by law, and then only to the extent that that limitation is reasonable and justifiable in an open democratic society based on human dignity and equality.

There will be no fee charged for commencement of proceedings to redress rights or fundamental freedoms that have been denied.

Another key development is that the constitution gives the Kenya National Commission of Human Rights a broad mandate, including oversight of security agencies and powers to investigate maladministration and offer remedies.

Every Kenyan will have the right to healthcare services. Furthermore, no person may be refused emergency medical treatment, and every Kenyan has a right to education.

The state is required to institute a programme to implement the right of every child to free and compulsory pre-primary, primary and secondary education. It pays particular attention to children with special needs.

On food, a never-ending problem in the arid and semi-arid areas, the new Constitution provides for the right to be free from hunger and to adequate food of acceptable quality.

Further, the Bill of Rights says that every person has the right to clean and safe water in adequate quantities.
It states that every person has the right to accessible and adequate housing and to reasonable standards of sanitation.

The state is to establish a housing development fund to enable Kenyans to gain access to better housing. Consumers have a right to goods and services of reasonable quality; protection of their health, safety, and economic interests and compensation for loss or injury arising from defects in goods or services.

However, the main challenge ahead lies with the implementation of new Constitution and the capability of parliament and the judiciary to enact the requisite laws.

It is our hope that Kenya will never again experience the human degradation and corruption that was witnessed under the old Constitution.