From: Joseph Lister Nyaringo

Indeed, there are typographic errors has indicated by Okiya. However, the people to be nailed is the AG, and team that reviewed the document before it was taken to the govt printer. This reflects the inefficiency of the men and women we entrust with responsibilities of crafting our country’s destiny. Where were they when these mistakes occurred? DID THEY REALY REVIEW ( PROOFREAD) THE DOCUMENT? IT HURTS SO MUCH GIVEN THE HEFTY PAY THIS GUYS ARE PAID AS OUR TAXES.

Well! that said, I know the “no” people including the whistle blower Mr. Okiya are going to use this errors as ammunition for the “no” camp but the most honourable thing as Sungu said is to pass the constitution and this errors can be sorted out since they don’t alter the original meaning and intent of the affected clauses. Let’s all go Greeeeen.

Joseph Lister Nyaringo-NJ USA

http://listernyaringo.blogspot.com/

http://bidiiafrika.ning.com/profile/JosephListerNyaringo

In prosperity our friends knows us; in adversity we know our friends. John Churton Collins

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— Okiya Omtatah Okoiti wrote:

PRESS STATEMENT

UNACCEPTABLE ERRORS IN THE PROPOSED CONSTITUTION OF KENYA

Whereas the Proposed Constitution of Kenya that was launched by the AG is written in British English, there are many foreign words that litter the document’s text. The text of the Proposed Constitution neither highlights nor provides a glossary of the following foreign words:

a. Article 24(2)(b) the word ‘fundmental’

b. Article 92(i) – the word ‘politcal’

c. Article 95(4)(c) – ‘expediture’

d. Article 115(3) the word ‘amendeds’

e. Article 173(4) the word ‘Judicary’

f. Article 216(4) the word ‘comission’

g. Article 250(8) the word ‘indepenedent’

h. Article 254(3) the word ‘commisssion’

i. Third Schedule – In the Oath… for a Cabinet Secretary the word ‘Presidentfor’

Are the following missing clauses deliberate loopholes for later mischievous insertions after the Proposed Constitution is ratified, especially given that already we have more than one version of the document in circulation?

a. Article 41(3): Sub-clauses (a), (b), (c) and (d) are missing;

b. Article 103(1)(e)(i) refers to a Clause 2 which is missing;

c. Fourth Schedule, Part 1: Clause (27) is missing

d. Sixth Schedule, Part 6: Sub-Clause (27)(2) is missing

Why are there two Sub-Clauses numbered (b) in Clause 234(3)? Which one is binding when reference is made to Clause 234(3)(b)?

What is the meaning of Clause 20(3)(a)? Should the words “does not give” be replaced with the word “gives” for it not to undermine the mandate of the Judiciary? If it is supposed to stop courts from creating new rights and freedoms then it does not say so. What it does is to undermine the entire Bill of Rights.

Other glaring mistakes in the Proposed Constitution of Kenya include:

a. Article 163(1) the phrase “There is established the Supreme Court, which shall consists of”

b. Article 260 the phrase ‘“county legislation” means a law made by a county government or under under authority conferred by a county Assembly’;

We are interrogating the Proposed Constitution of Kenya to audit its doctrinal soundness and architectural integrity. That audit has already unearthed ninety-three problems. We will release the results of our audit to the public when done, hopefully, next week.

It is unacceptable for a document that is going to be the foundation of the Republic of Kenya to be so recklessly drafted. Hence, mid next week, KEJUDE will petition the Honourable Independent Constitutional Dispute Resolution Court seeking, among others,:

(i) An official declaration that the Proposed Constitution of Kenya fails the integrity test and must be redrafted to fix all errors, including those not highlighted above; or

(ii) That an addendum of amendments required to fix the errors must be introduced at a multiple question referendum; and

(iii) That the planned single question YES-NO referendum be declared a nullity in toto.

(iv) That no translations of the original English version of the document should be undertaken into any other language until the meanings of the foreign words is given.

We, therefore, call upon President Mwai Kibaki and Premier Raila Odinga, the Committee of Experts and those organisations and individuals currently conducting civic education, the Interim Independent Electoral Commission preparing for the planned YES-NO referendum, and all those involved in any process aimed at imposing this faulty Constitution on Kenyans to immediately stop wasting public funds and endangering the Republic. To impose the faulty Constitution, that will make Kenya practically ungovernable, is a frightening act of war on the people of Kenya.

In the meantime, we call on the Hon. Attorney General Sitswila Amos Wako, and the entire team that assisted him edit the said document, to immediately own up for failing Kenya in such a monumental way.

Finally, we affirm that we want a new Constitution. But we do not think that anything that is not the current constitution is what the people of Kenya crave. And, even though we recognise that because human beings are not perfect their works cannot be perfect either, we strongly believe that not being perfect does not stop us from pursuing perfection as an ideal. We have an obligation to try to be perfect. Hence, when we come across mistakes, we are bound to rectify them, not to learn how to live with them.

Signed:

Okiya Omtatah Okoiti – 0722-684-777

Director,

Kenyans for Justice and Development (KEJUDE) Trust