Abdikadir Mohammed was elected MP for the Mandera Central Constituency in 2007. A Harvard Law School graduate, he heads the Parliamentary Select Committee on Constitutional Reform
1 Apr 2010 in National Assembly:
Thank you, Mr. Speaker, Sir. May I thank you and the House for the honuor you have bestowed on me, my vice-chairman and the PSC to co-ordinate the process of constitution review so far. I thank the President, the Prime Minister, the Vice- President and members of this House for the support they have given to this process, this far. Nobody said it would be easy, or boring, and I think this evening has shown that very clearly. Mr. Speaker, Sir, it is important to note that we are at the end of the process, and that the whole philosophy ...
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1 Apr 2010 in National Assembly:
Mr. Speaker, Sir, this proposed document has 18 Chapters and six Schedules. About 70 per cent of the proposed amendments were on only two chapters; the Chapter on the Bill of Rights and the Chapter on Devolution. Indeed, many amendments were on one Article or one sub-article of an Article on the Bill of Rights. Most of the time, these amendments were around a few critical issues.
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1 Apr 2010 in National Assembly:
Mr. Speaker, Sir, as far as the Bill of Rights is concerned, the issue about Article 26 and whether abortion is allowed or not; the issue on national security in Article 24 and the exemptions thereto; the freedom of religion. Majority of the proposals for amendment were around that area.
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1 Apr 2010 in National Assembly:
Mr. Speaker, Sir, for the avoidance of doubt, I think it is important that we read as far national security is concerned, Article 24 for the avoidance of doubt. Article 24(5) states as follows:-
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1 Apr 2010 in National Assembly:
â(5) Despite clause (1) and (2), a provision in legislation may limit the application of the rights or fundamental freedoms in the following provisions to persons serving in the Kenya Defence Forces or the National Police Serviceââ Those Articles that are exempted or the rights that people in those forces do not have include the following:-
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1 Apr 2010 in National Assembly:
(a) The right to Privacy; (b) the right to Freedom of association; (c) the right to Assembly, demonstration, picketing and petition; and, (d) the Labour relations; and, (e) Economic and social rights; (f) Rights of arrested persons. So anybody who says that the armed forces can go ahead and riot; that the armed forces can go ahead and picket; that the armed forces have the right to join COTU is not telling the truth. So, it is very clear that the armed forces are, indeed, exempted from enjoying those rights.
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1 Apr 2010 in National Assembly:
Mr. Speaker, Sir, let me now turn to Article 26. Article 26 is on the right to life. If I could go ahead and read the Article itself, it says:
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1 Apr 2010 in National Assembly:
âRight to life:- 26. (1) Every person has the right to life. (2) The life of a person begins at conception. (3) A person shall not be deprived of life intentionally, except to the extent authorized by this Constitution or other written law. This should cater for capital punishment which is still part of our law. (4) Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.
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1 Apr 2010 in National Assembly:
For anybody then to say we have legalized abortion, I think is stretching the truth a little bit too far. Majority of the other issues were on devolution. Indeed, there has been a political issue about devolution. Indeed, there has been fear created about devolution. Fear resulting from our history. Fear resulting from majimbo. Fear resulting from exclusion. These are historical fears. They are genuine. The way the Constitution has dealt with is to try and create some balance so that, indeed, we have devolution. But this country is unitary and we do not want âBantustansâ, so to speak. That ...
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1 Apr 2010 in National Assembly:
for as much as those in other areas. It is also important to carter for those in very large tracks of this country. Some constituencies are as large as countries and others as large as provinces. It was important to try and get a middle ground. As usual, when you are dealing with critical things, there will be people who would not think you have gone too far on one side or the other. However, the Constitution has been very clear. It is important because this was a proposal that was discussed by the Parliamentary Select Committee (PSC), and the ...
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