Posted by: Family Media | May 10, 2010

Is Justice Guaranteed Under the New Constitution?

More than two years down the line victims of post-election violence are crying for justice. Indeed many Kenyans are singing the chorus of “justice”. But what exactly do we mean by justice? Some observers have noted that justice can, to large extent, prevail even under the current constitution. But has it? The new constitution, many say, is much better in upholding justice. But constitution is just a document, and it is upon “us” to implement it. If we have abused the constitution in the past, shall we respect a new one?

“Hypocrite! First get rid of the log in your own eye; then you will see well enough to deal with the speck in your friend’s eye” (Matthew 7:5, NLT). When Jesus made this rebuke, He was pointing out our lack of self-examination. How much do we contribute to the injustices and impunity in our nation? Louis Moreno Ocampo, the ICC Chief Prosecutor has a list of about 20 suspects of the post-election violence, out of which he says he may zero in on about 7. Suppose these are tried and sentenced. Would that bring about justice and end impunity? What about the thousands who killed, torched houses, raped women and robbed people of their property? These were ordinary Kenyans who unleashed injustice on their neighbours and other ordinary Kenyans.

Take the case of Esther Wairimu for example, a victim of post-election violence who is in her 60’s. She was gang-raped in Kibera by GSU officers whose duty was to protect her! Such a case is a reflection of the state of our nation; the organs and institutions that are meant to uphold justice have been undermining it.

Do you think the involvement of the ICC in our quest for justice and a new constitution will see justice triumph? Don’t you think these are exercises in futility if we don’t have the will to change as individuals and uphold justice at personal level? Can justice really prevail without godly values? Share your thoughts!

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Responses

  1. While we all agree that new laws are vital after a generation mutilation of the independence document,it would have been imperative for the designers and drafters of this new document to have avoided exclusion of major fractions of the society such as the church,minor communities,and even the unborn babies,.One can never pretend to be addressing the social moral economic justiness of a society when the very very laws that are meant to achieve that justiness are glaringly promoting inequalities and insensibilities to the commoners by their decietful and deceptive models and designs.What do you even say of a contistitution that does expresly state how the attorney general can be removed from office in the event that he has a misbehave and yet its known to all and sundry that the state law office is a big mess hence the need to invite the ICC.?Or do we need to pass new laws for the simple reason of securing someone’s legacy regardless of future implications when that ”someone” might not be there to suffer the effects?I think doing so to be very simplistic and worringly lazy and desperate.Let us work for the best for us and for generations after us.

  2. While we all agree that new laws are vital after a generation mutilation of the independence document,it would have been imperative for the designers and drafters of this new document to have avoided exclusion of major fractions of the society such as the church,minor communities and even unborn babies.One can never pretend to be addressing social moral economic justiness of a society when the very very laws that are meant to achieve that justiness are glaringly promoting inequalities and insesibilities to the commoners by their decietful and deceptive models and designs.What do you even say of a constitution that does not expresly state how the attorney general can be removed in the event of a misbahave yet its known to all and sundry that the state law office is a big mess hence the need to invite the ICC.Or do we need to pass new laws for the simple reason of securing someone’s legacy regardless of future implications which that ”someone” might not be there to suffer the effects? I think doing so is to be very simplistic,worringly lazy and desperate.Let us work for the best law for us and for generations after us.

  3. It is my prayer that Kenya Becomes a lawful. In the past there has a been a lot of disregard to it starting with the political class. If this culture continues, it does not matter how carefully worded a low is.

    Having said that the law must be above reproach and beyond obvious ‘injustice’. It should point the society to the THE TRUE NORTH.

  4. well, we have a long journey ahead of us considering those who are supposed to protect us against the injustices in the country are involved in perpetrating these unlawful acts. we have heard and read stories of victims of rape by the armed forces. we all remember the cases coming from Mt. Elgon, Kibera, Mathare just to mention but a few. women were raped among other atrocities. now, how is justice being served if we cannot trust those who are supposed to protect us? Tonight on Family TV we will listen to a heart breaking story of Wairimu now 60 years old who was allegedly raped interchangeably by three GSU officers who had been sent to quell the chaos which had erupted in Kibera slums soon after the election. you can also listen to Peter who is still nursing his wounds after a bullet went through his right leg. it is really disheartening when you meet and listen to these stories first hand. just tune in tonight at 8pm and share your take on the question, is there justice for the like of Wairimu and you out there who has been aggrieved or your brother, sister, or even your spouse whose rights have been infringed on and so many days, years or decades later justice is still waiting to take place? is the new constitution really offering any solutions, this and more however will be addressed in tonights show, tune is and share your views. As Moi would have it, the Media has been bought wholesale, and to add, ” other than Family Media where you get it like it is. God bless you and lets keep the fire burning.

  5. Thanks for sure you can not be sure of anything on earth we are all Gods creatures who will be against us or him. Its only God who will do things perfectly but not a man.

    Thank you and God bless you

  6. The draft fails to capture the aspirations of Kenya’s moral majority and lays the basis for liberalization and tearing down of the moral fabric of society. This draft cannot be in the best interest of Kenyans. International law will become the source of our morality at the exclusion of our African code of life and our Christian moral standards that is already widely acceptable.
    Article 21(4) instructs the state to enact and implement legislation to fulfill international obligation in respect to human rights and fundamental freedoms -ie- where these freedoms are implemented, they usually include, homosexuality, abortion, euthanasia, spreading contraceptives etc.
    The politicians are jolly happy with the draft, it provides a wider space to gain more power, the media is jolly happy with article 59- which makes them a law unto themselves and answerable to nobody, the foreign nations through their embassies are happy with it, after all it makes Kenya a new world government compatible. And all of them are cheering each other to a new constitution that serves them at the expense of the moral majority.

  7. All along what I have said is that Kenyan Family need the best document to move to the next generations to come.
    The Islamic movement has an agenda to rule the world and so they have strategiced their entry points in Kenya it thro. Kadhi courts and investment which has almost taken the whole city of Nairobi and the entire country. One Sheikh told me that their goal is to control the economy of this country and the Government will eventualy bow down them .
    I pray that every believer in this country and beyond join hands to pray and act for true change.
    Who are involved in Civic Education to our People?
    I would be very much willing to be part of this procese.

  8. Good constitutions are meant 4 just societies but a sinful/compromising one cant envisage a situation of it having a perfect law. Please pray that kenya is changed by God and there eyes be opened to the tricks of those who want to put kenya’s destiny to the devils disposal by allowing a loop hole 4 state sanctioned murder of the unborn. Ocampo is aguy working to build credibility of the hague and not the welfare of kenyans GOD HELP Us and direct our hopes to himself

  9. It is impossible for justice to prevail without godly values.History reveals Civilizations have fallen after they turned away from Godliness. Those that maintained a fear of God remained for a long time till they turned away.

    The many loopholes in the constitution do not guarantee better governance. especially when from the start the draft insists that it shall not be challenged in any court of law. Even though the same draft law says in the amendment clauses that it may be amended even offering the 3 ways it could? It shuts the door right from the start – Chapter 1:1(2)The people MAY exercise their sovereign power either directly or through
    their democratically elected representatives., Chapter 1:2(3)The validity or legality of this Constitution is not subject to challenge by
    or before any court or other State organ. and by giving up sovereignty to others Chapter1:2(5)The general rules of international law shall form part of the law of
    Kenya.

    Loopholes like in Chapter 4 on the bill of rights Part 2 rights and fundamental freedoms 27(4)The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.- This opens the door for the homosexuals which goes against the same chapter sec 45(2)Every adult has the right to marry a person of the opposite sex, based on
    the free consent of the parties.

    How do we pass this constitution?


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