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    "id": 601484,
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    "content": "unstable; where the majority of us will depend on a few of us and the majority of us will live a life that is fairly undignified. Mr. Deputy Speaker, Sir, this is what the Constitution has given us as an obligation, particularly to policy makers and legislators, to put into law the operative clauses or Bills that will allow the Constitution to be realised in its entirety. Therefore, this Bill intends to enforce Article 43 by providing certain obligations, both at the national and county government levels, so that these rights are realised in a manner that dignifies or puts human dignity into every human being. Article 28 of the Constitution states that:- “Every person has inherent dignity and the right to have that dignity respected and protected.” We are not only trying to protect or respect these rights, but also to legislate so that the rights are respected as a matter of cause and obligations at the various levels of government that are charged with providing for these rights. Mr. Deputy Speaker, Sir, we have travelled to many places. All of us talk about having one of the most progressive constitutions, not only in Africa but the world over. However, our Constitution can only be progressive if we continue to realise the articles in it and provide meaning. That is why I have said time and again that this Senate needs to distinguish itself as the House that promotes the new constitutional framework. The new constitutional framework, by simple reference to human dignity and issues around social justice, tends to bridge the gap of inequality. The Constitution came to rearrange society, so as to give meaning and dignity to those who society has neglected for a long time. Mr. Deputy Speaker, Sir, one of the most controversial areas about enforcement of these rights is whether the State has the capacity to do so. In fact, in a lot of areas, people have argued that these rights are essentially realised in States that have economic endowment. However, as the rights evolve and the jurisprudence around economic and social rights continues to crystalise, the obligation is for States to demonstrate whether they are doing enough or committing resources to the realisation of these rights. It is not about whether the State is wealthy or has the capacity to do so. It is for them to demonstrate progressively that they have done everything reasonably possible to ensure that these rights are realised as per the provisions of the Constitution. In coming up with the title of the Bill, we integrated two Articles of the Constitution; Article 19 which states that the Bill of Rights is an integral part of Kenya’s democracy. We also integrated Article 19(2) which says:- “The purpose of recognizing and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.” We were greatly moved by Article 19(2), to ensure that we preserve the dignity of individuals and communities. In this particular case, Article 43 is about the preservation of the dignity of individuals. Therefore, the Constitution also requires the Government to demonstrate what progressive actions are being taken to ensure that they have realised the provisions of this Constitution. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}