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"id": 876473,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/876473/?format=api",
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"type": "speech",
"speaker_name": "Sen. Murkomen",
"speaker_title": "The Senate Majority Leader",
"speaker": {
"id": 440,
"legal_name": "Onesimus Kipchumba Murkomen",
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"content": "important reason why these rights are necessary in a state. It is important because the reason why the Bill of Rights was supposed to be bolstered in the Constitution of Kenya, 2010, was because for many years since 1963, the conversation about development in the country was about developing this nation as a gift or charity and that the state was helping the citizens to advance in development. The conversation was always about what we call charity-based kind of development. For many years, whether you voted for the Government or not, it was important to have someone from your community. In fact, if there is something that Kenyans are struggling with – this is a conversation that is going on outside this House and around this country – it is about inclusivity. The Senate Minority Leader and I had an opportunity to have a debate in one of the local media houses about inclusivity because that has been elusive in this nation. The reason why we fought for Independence was actually our independence struggle. The reason why we united, regardless of the communities, tribes or religion, was because we were united as Kenyans; Blacks, Whites and Indians. All communities held hands together to fight for Independence and it was because we were driven by the desire to have rights. Initially, it was about rights of workers, and that is why we talk about people like Harry Thuku and Tom Mboya whose basis and foundation for fighting for Independence was to fight for rights of workers through trade unions. We also had Mzee Jomo Kenyatta, Jaramogi Oginga Odinga and all the founding fathers of this nation. The desire was to have a nation where a black person, an indigenous or an African at that point in time was going to have an opportunity to exercise rights of owning property, freedom of expression and freedom to access information and so on. So, what drove us to fight for Independence was right to dignity. That was the reason we wanted to govern ourselves. However, after Independence, we lost the way. In 2010, we put in place a Constitution that makes it mandatory for the state to perform its obligations to deliver social and economic rights. What was originally known as third generation human rights are aspirations that were necessarily going to be met by the state. Now, they are mandatory obligations in the Constitution. That is why Article 19 of the Constitution talks about the rights and fundamental freedoms. The Bill of Rights talks about rights for each individual. They are not granted by the state and do not exclude other rights and fundamental freedoms that are not in the Bill of Rights but are recognised or conferred by law, except the extent that they are in consistence with this Chapter and are subject only to the limitation contemplated in the Constitution. That means as agreed by the people of Kenya. Madam Temporary Speaker, rights and pursuit of rights or what Americans call pursuit of happiness, is the right of every Kenyan. It is the responsibility of the State to ensure that what the Constitution does when it comes to rights, is that the rights of every citizen are unlimited. What is limited is the action of the State in forestalling or limiting those rights. The State is the one that is being regulated not to limit those rights. Otherwise, citizens have those rights as granted by God and are not subject to limitations that are not contemplated by the Constitution. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}