On 17 May 2010 12:51, Claire Njoki
<clairenjoki@gmail.com> wrote:
Hello,
Someone forwarded me the following email and I was wondering...Is the
Difference between "and" & "or" significant?
I ask this here since I believe a good number of you are coders...
Message shown below:
>>>
** MORE CHANGES (AND ERRORS) FOUND IN PUBLISHED CONSTITUTION!!! **
Dear Kenyans,
The events of the last few days got me a bit concerned when I realised
that there were two (or more) proposed constitutions in circulation
and we do not even know which version we will be voting for or voting
against.
Today, I decided to compare the draft passed by parliament to the one
published by Wako on 6th May 2010. Keep in mind that the review organs
had indicated that Wako was not supposed to change anything. The same
review organs indicated that those who wanted changes made to the
draft (especially with respect to abortion and khadhis courts) were
too late and parliament could also not make any changes unless the
change was supported by at least 145 members of parliament. The same
organs, also confirmed that Wako had only changed a few commas and
fullstops here and there. The same review organs have defended the
draft published on 6th and confirmed that it is the only authentic
draft.
With all this in mind, I can confidently prove to Kenyans that we are
being take for a ride because after comparing the two drafts, I have
noted 6 (six) changes that were made by Wako. Some of these changes
render the current published draft illegal since it means Wako, or
someone else made these changes.
I am not a lawyer, but I know that e.g. replacing the word "and" with
the word "or" changes the meaning of everything.
If you want to confirm or deny my findings, please compare both
documents, i.e. the draft passed by parliament, versus the one
published by Wako on 6th May.
These 6 (six) changes are as indicated below:
God Bless Kenya.
Concerned Kenyan.
--------------------------------------------
Political rights
-The Proposed Draft Published by Wako on 6th May 2010 says:
38 (2) Every citizen has the right to free, fair and regular elections
based on universal suffrage and the free expression of the will of the
electors for—
(a) any elective public body or office established under this Constitution; or
(b) any office of any political party of which the citizen is a member.
-The Draft passed by Parliament says:
38 (2) Every citizen has the right to free, fair and regular elections
based on universal suffrage and the free expression of the will of the
electors for—
(a) any elective public body or office established under this Constitution; and
(b) any office holder of any political party of which the citizen is a member.
-Changes made by Wako or another:
The word "and" was replaced with the word "or".
--------------------------------------------
Fair hearing
-The Proposed Draft Published by Wako on 6th May 2010 says:
50 (6) A person who is convicted of a criminal offence may petition
the High Court for a new trial if––
-The Draft passed by Parliament says:
50 (6) A person who was convicted of a criminal offence may petition
the High Court for a new trial if––
-Changes made by Wako or another:
The word "was" replaced the word "is".
--------------------------------------------
Restriction on activities of State officers
-The Proposed Draft Published by Wako on 6th May 2010 says:
77 (3) A retired State officer who is receiving a pension from public
funds shall not hold more than two concurrent remunerative positions
as chairperson, director or employee of—
-The Draft passed by Parliament says:
77 (3) A retired State officer who is receiving a pension from public
funds shall not accept more than two concurrent remunerative positions
as chairperson, director or employee of—
-Changes made by Wako or another:
The word "hold" replaced the word "accept".
--------------------------------------------
Presidential assent and referral
-The Proposed Draft Published by Wako on 6th May 2010 says:
115. (3) If Parliament amendeds the Bill fully accommodating the
President’s reservations, the appropriate Speaker shall re-submit it
to the President for assent.
-The Draft passed by Parliament says:
115. (3) If Parliament has amended the Bill fully accommodating the
President’s reservations, the appropriate Speaker shall re-submit it
to the President for assent.
-Changes made by Wako or another:
The words "has amended" have been replaced with the word "amendeds"
which is not an English word. Does it mean amended? or amends?
--------------------------------------------
Parliamentary Service Commission
-The Proposed Draft Published by Wako on 6th May 2010 says:
127 (6) (c) preparing annual estimates of expenditure of the
parliamentary service and submitting them to the National Assembly for
approval, and exercising budgetary control over the service;
-The Draft passed by Parliament says:
127 (6) (c) preparing annual estimates of expenditure of the
parliamentary service, and exercising budgetary control over the
service;
-Changes made by Wako or another:
The phrase "and submitting them to the National Assembly for approval"
was added.
--------------------------------------------
Principal Secretaries
-The Proposed Draft Published by Wako on 6th May 2010 says:
155. (2) Each State department shall be under the administration of a
Principal Secretary.
-The Draft passed by Parliament says:
155. (2) Each Ministry or State department shall be under the
administration of a Principal Secretary.
-Changes made by Wako or another:
The word "Ministry" was removed.
--------------------------------------------
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