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Secession Inconsistent With Kenya Constitution & Can Cost Over Kshs 10 Trillion

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Elected Leaders to Kenya Constitution offices calling for secession. Elected Leaders to Kenya Constitution offices calling for secession.

Kenya Constitution, Article 5 states, “Kenya consists of the territory and territorial waters comprising Kenya on the effective date, and any additional territory and territorial waters as defined by an Act of Parliament.” The people of Kenya are the persons living Kenya as formed and owned by the people of Kenya collectively through Kenya Constitution 2010. Can Kenya territory be annexed removed from Kenya to become a new country through secession?

Does Kenya Constitution 2010 give persons the right to Secede? 

No. There is no part of Kenya constitution 2010 rights in articles 26 to 56 that gives a person the right to secede. The constitution of Kenya does not have the words: secede and secession. The fact that the Kenya constitution does not talk about this means it does not allow or deny secession. 

For secession to occur two things have to be involved. Land and People. 

Kenya Land as owned by Kenya constitution 2010 would have to be annexed. Kenya Constitution 2010 does not give anyone authority to discuss the possibility of parting with its land. 

Kenya people on the other side own themselves. For example a Kenyan who becomes a citizen of another country, and who becomes part of the Constitution of that Country, does so, for he or she owns himself or herself.   

How does Land Secede? 

Land as defined by the constitution to includes— (a) the surface of the earth and the subsurface rock; (b) any body of water on or under the surface; (c) marine waters in the territorial sea and exclusive economic zone; (d) natural resources completely contained on or under the surface; and (e) the air space above the surface. 

Kenya Constitution today owns Kenya land per Kenya Constitution 61. (1) All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals.

Before 2010 it was easy to secede for the Constitution land ownership was not firmly established as belonging to the people of Kenya collectively. 

However, for the Kenya Constitution to, part with, any land the Constitution owns one would have to pay a heavy price. 

In 2010 Kenyans gave all the land to Kenya Constitution 2010. They then broke holding rights based on public national, public county, communities and private holding. 

Kenyans through Kenya Constitution 2010 gave the following lands as property that belongs to Kenya national public collectively. 62. (1) Public land is— (f) all minerals and mineral oils as defined by law; (g) government forests other than forests to which Article 63 (2) (d) (i) applies, government game reserves, water catchment areas, national parks, government animal sanctuaries, and specially protected areas; (h) all roads and thoroughfares  provided for  by an Act of Parliament; (i) all rivers, lakes and other water bodies as defined by an Act of Parliament; (j) the territorial sea, the exclusive economic zone and the sea bed; (k) the continental shelf; (l) all land between the high and low water marks; (m) any land not classified as private or community land under this Constitution.

Kenya Constitution 2010 when holding land assets is a Trust. For Kenya Constitution 2010 to part with any of its assets owned collectively one would have to pay. 

Secondly the land holding by individuals as private and community issued to individuals would have to be considered in any secession. 

Currently Kenya Constitution 2010 guarantees the property rights ownership. If a person does not want to have property in the new country formed, the persons forming the new country would have to buy off the land and property from people.   

How do people Secede?

A person starts a petition and people sign the petition. People when signing a secession petition simply state they do not want the services offered by the Kenya Constitution with regards to constitutional jobs, rights and citizenship. Note the Kenya Constitution will not stop offering and guaranteeing an individual these rights even if they express this opinion. This is similar to the, “No,” vote during the constitution referendum. Those who voted no still enjoy Kenya constitution rights. 

The people would then state the land they want to take away from Kenya Constitution. The persons would then fund the process.  

Who can start a Secession?

Any person can start a secession even though it is not allowed in the constitution. For Kenya to constitute itself to what it is a person started the process that led to the creation of the borders and eventually create the Kenya Constitution 2010. Kenya today is made up of the Land, the Kenya Constitution and the people who are bound by the Kenya Constitution. Persons who want not to be bound by the Kenya Constitution can start the process. 

Can an elected Constitutional Office bearer start a Secession process?

An elected person to a constitution office cannot start a secession. Elected leaders are Trustees of the Constitution. It is based on this that one swears and says, “I will obey, preserve, protect and defend this Constitution of Kenya.” 

The Kenya Constitution does not create any possible way to start a secession constitutionally and legally. Whereas the Kenya Constitution does not make it illegal or deny any person; the constitution does not allow those who take an oath to disobey the Constitution.    

Any elected leader ceases to have the right to hold a constitutional office if they break their oath of office. 

Note when Kenyans constituted themselves, they agreed to fund those who would take constitutional jobs and become Trustees of the Constitution. An elected leader is first and foremost a Trustee of the constitution.

Can Parliament or County Assembly hear a petition of secession?

Each body created by Kenya Constitution is assigned a role. Parliament and County assembly’s powers and functions do not include any assigned role to hear a petition of secession.  

Can people petition the United Nations?

The chapter that created the United Nations in 1945 and was signed by 50 nations enabled countries and sovereign nations. The chapter further promoted rights and in so doing started the process that led to the independence of many nations in the 1950’s and 1960’s. It is good to note that recently South Sudan seceded from Sudan. 

How much would it cost to secede a County?

To secede any County land in Kenya from Kenya Constitution 2010 would cost not less than Kshs 10 trillion ($100 billion.) This would be costs as follows: Professional fees, Kenya Constitution property sales and payments to person’s who have established resident property rights.  

If Persons Holding Constitution Office are disobeying the Constitution how does the Constitution deal with them? 

The Constitution of Kenya came into existence in 2010 through the Authority of the Attorney General. The Attorney General through Kenya Constitution article 156 (6) “The Attorney-General shall promote, protect and uphold the rule of law and defend the public interest,” has the power to open a case asking for public resources not to be used to fund secession and those who wish to advocate for this vacate Kenya Constitution offices. 

A private citizen can also open case stating that their tax money not be used to fund secession. All persons in constitutional offices are paid by the collective tax collected by Kenya Constitution.  

Secession is not new, in 2012 after President Obama was reelected president were set-up for all 50 States fifty states. Six states of Louisiana, Alabama, Florida, Tennessee, Georgia and Texas had more than 25,000 persons. Texas led with 126,000. 

The petitions in U.S were declared to have no legal standing. They were started by individual citizens. Had the elected persons like Governor started this, then the Governor would have been accused of using public resources to start something that has no legal standing.   

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