We all need to understand and protect our Bill of Rights because it protects us

One of my favourite stories is that of a farmer who owned a cow, a goat, and a hen. One day a snake came to the farm and accosted the hen. The hen ran to the goat for help but the goat refused, saying “that’s your problem, not mine.” The hen received the same reply from the cow.

In the end, the snake bit the farmer and he died. That night, the few mourners who turned up had the hen for supper.

The following day, the number of mourners increased and they had goat meat for supper. Come the day of the burial, the large crowd of mourners had to be treated to meat from a larger beast, and the cow was the obvious candidate.

The irony was that none of this would have happened if each animal had played its individual role to protect the farm from intrusion.

Each Kenyan has a duty not only to know, but to promote, protect, and fulfil the Bill of Rights, as enshrined in the Constitution. Failing to do so opens the gates for snakes to set off calamities that will affect us all.

Rights and liberties are clearly spelt out in Chapter 4 of the Constitution. The chapter is clear on the diverse roles of the right holders and the duty bearers in their overall quest for human rights attainment, protection, promotion, and observance. It is also clear on the specific rights that should be enjoyed by the citizens.

The current Bill of Rights, unlike the previous ones, uses clearly defined language and simple explanations on the meanings of the clauses. This means that all Kenyans can easily interpret and apply it.

The inclusion of the socio-economic rights under Article 43 of the Constitution is one of the key features that make the Constitution of Kenya a much cherished and celebrated document.

QUALITY OF LIFE

The Kenyan Constitution has dedicated an entire chapter to dissect and discuss the overall quality of life for all, making it possible for Kenyans to demand a life of equality, non-discrimination, respect, freedom, fairness and dignity. Persons who experienced violations have options for seeking compensation.

Kenya is divided under many social classifications because of its rich economic, social, cultural, and political alignments. As a result, it is possible for many divisions to occur. The Bill of Rights aims to ensure that, despite the social classifications, all life is protected from marginalisation and vulnerability.

The most crucial aspect of the Bill of Rights is that it aims to recognise and protect human rights and fundamental freedoms, directly preserving the dignity of individuals and the community through the promotion of social justice and the realisation that all human beings have political, social, cultural, and economic potential.

All the rights that a Kenyan citizen should enjoy are adequately addressed in the political, social, cultural and economic arenas. The rights are interrelated and interdependent and there is no class or group of rights that is deemed or perceived to be superior to the other.

All State organs and individuals are expected to respect the indivisible, interrelated and interdependent nature of human rights.

The State is mandated, as the duty bearer, to ensure that it creates legislation that promotes, protects, preserves, and observes the tenets of Chapter 4. In the event that this is not obtained, then any person who experiences a violation has the right to seek legal redress.

It should be noted that the State does not have any rights in “its possession” that should be duly provided to the citizens under its care. The Bill of Rights in our Constitution protects all the rights and liberties of all Kenyan citizens.

Justice Albie Sachs of the Constitutional Court of South Africa advises that judges must fight two temptations: first, “to be unduly formalistic, showing a passive and uncaring attitude to the real lives of actual people” and secondly, “to be overly eager to secure favourable headlines as champion of the poor…”

One can only hope that despite the challenges that the courts face as they embark on the new path of judicial enforcement of socio-economic rights, their steadfast loyalty will be to the Constitution.

The writer is a judge of the High Court of Kenya and an author. [email protected]