THE LAW : Unconstitutional constitutionalism?

The business of running The Government of any Republic is an Institution solely and squarely rested upon the shoulders of the elected representatives of the far and wide ranging constituencies that make up The Republic. The constituents engage in General Elections periodically as set-up by The Constitution they constituted to elect their representatives who directly participate in the distribution of the National Resources while at the same time carrying out duties and responsibilities geared at developing and growing or expanding the the different infrastructural facilities of the republic on behalf of the citizenry. The Constitution as such is a set of rules and regulations t5hat define the specific duties and responsibilities of the elected government officers as well as guide the relationships between the constituents themselves, the constituents and the government and the distribution of the resources.The government is made-up of the executive,the legislature and the judiciary.The constitution enshrines the expressions of the constituents who are the signatories. This proposed constitution does not hold any water in any sense whatsoever with regard to pertinent issues forming the core of the constitution as sovereignty, territory and jurisdiction.This proposed constitution is wholesomely unconstitutional, a non-starter because its sovereignty, its territory and its jurisdiction have been infiltrated and prejudiced by another sovereign state with its own territorial borders and jurisdiction in the name of Oman. The very acknowledgment and recognition of another superior law from without the territorial boundaries of the land , space and sea borders of another sovereign republic is an error with far and wide reaching ramifications, implications and consequences which border around the offenses of treason and the acts of a coup, however subtly or subversively packaged in a constitution. Thus the proposed constitution as a legal document is porous. The Kadhi courts purport to cater for the Islamic family issues to do with marriage, divorce and inheritance which adequately fall under the category of Customary Law already within the same document. It is a case of double standards for otherwise the other religious institutions such as Hinduism, Jainism, Judaism etc including all the denominations under Christianity have the same right to religious courts according to their sacred books and customary law. Furthermore, these Kadhi courts are run by the tax payers money of all religions.This is a case of Islamic Imperialism at work. We have seen it in the Republic of Somali ( TFG vs Al-Shabaab ), we have seen it divide the republic of Nigeria in to Northern -Sharia-Law Islamic States and southern democratic christian states; it has been a bone of contention in the Republic of Sudan who have a referendum along the same lines as ours ( the fought for 20years and the outcome of their referendum will either be interpreted to materialize in to two independent states or one state.) We see it in Zanzibar where they have a loose union of two states within a state. The Kadhi court pact as it is can not be accepted by any conscious state e.g. Israel, U.S.A. , those in Europe, Asia etc. We could cite Martial Law to prove that territories, boundaries and jurisdictions are the core defining constituents of any sovereign state enshrined within the constitution made-up wholly and solely by the people, for the people and of the people of any republic. This Islamic Imperialism is indeed a threat not only to Kenya but to the to the secular world as a whole. It has its forces in the name of Al-Qaeda and its constituent arms like Al-Shabaab who have caused innocent lives at home and the world over as we all know. Further more when this Kadhi courts pact or deal was being signed, no constituent of any of the far and wide reaching constituencies of the republic of Kenya was party or privy to it. It was a closed-door affair between the ruling household of Oman , the then colonial power and a Kenyan or two representing themselves. Mind you, society precedes the individual. Will Kenyans be pledging their loyalty to two seats of power? This proposed constitution is as porous as the perimeter wall of the dikes built by the Netherlands that at one time almost drowned the city cause of one loose building constituent block or clause for that matter. Its like a legal document with ambiguous legal jargon s being presented for signature to the lay-men constituting the republic. State and religion should remain separate as is the practice the world over in secular democratic societies. One country, one law. This double standard practice has been a fallacious precedent in a recent Kenya court ruling whereby the magistrate gave a clean bill of health legitimizing the formerly illegal criminal organization purporting to secede the ten-mile strip coast region based on a treaty signed in the colonial days between the British government,the Sultan of Oman and the rest of Kenya at that time being a British protectorate.The indigenous peoples of the coast at that time were not represented nor were they party to those proceedings that formed the treaty leasing the 10-mile strip to Kenya for 99 years which comes to a close in 2013 or thereabouts. The government quickly retraced its steps and quashed the ruling again outlawing the criminal organization and unleashing its para military troops to the rescue of the other Kenyans in the coast. But that just reveals yet again that the government is sleeping on its job, what with one hand doing what the other hand is not aware of till things get to a clog! Later.