'Wanjiku' reaps fruits of new laws immediately

By Stephen Makabila

The law giving Kenyans their basic fundamental rights came into effect immediately after President Kibaki promulgated the new Constitution.

Legal experts said Chapter Three of the Constitution on Citizenship came to effect immediately, save for Article 18, which deals with citizenship.

Chapter Four, on the Bill of Rights, also came into effect immediately, save for Articles 34 (Freedom of Media) and 45 (Family), 46 (Consumer Protection), 47 (Fair Administrative Action), 50 (Fair Hearing), 51 (Rights of detained persons) whose implementation falls between three to five years. This could, however, change if the Government implements the new laws in one year as the Cabinet intends.

Kenyans who had acquired citizenship in foreign countries would now qualify for dual citizenship.

Dual Citizenship

"The Bill of Rights in Chapter Four of the new Constitution and Chapter Three on Citizenship, became effective instantly after President Kibaki promulgated the new Constitution," said lawyer James Mwamu.

Mr Mwamu, who is the secretary of the East African Law Society, said Kenyans are now entitled to dual citizenship, proper housing, free medication, and the right to food.

The former Law Society of Kenya vice-chairman adds: "There is no more arbitrary arrest of citizens by police officers. A police officer should now explain reasons for searching one’s house or be armed with an arrest warrant to put someone behind bars."

According to Article 49 of the new Constitution, any person being arrested must be told why, and in a language they understand. Any arresting officer must also inform one that he or she has the right to remain silent and the consequences of not doing so.

This is because what you say at the time of arrest may be used against you in a court of law, according to Nairobi lawyer, Martin Oloo.