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... there has never been a better time to highlight the issues that affect lesbian and bi-sexual women and indeed all the gay people in Kenya. As the constitution goes into referendum and the race hots up, outinkenya begins it's opinion page by highlighting those parts of the constitution that: a) Ensure our fundamental human rights as equal citizens in our own country and, b) Those parts that continue encouraging discrimination and alienation of all the gay people in Kenya. (see our commentary at the end of the page) *THE CURRENT CONSTITUTION...* CHAPTER THREE NATIONAL VALUES, PRINCIPLES AND GOALS National values, principles and goals 13.(1) The national values, principles and goals include (a) promotion of national unity and the commitment of all citizens to the spirit of nationhood and patriotism; (b) recognition of the diversity of the people and promotion and protection of their cultures; (c) promotion of the participation of the people in public affairs and the sharing and devolution of power; (d) ensuring open and transparent government and accountability of State officers, public officers, State organs and public authorities; (e) taking effective measures to eradicate all forms of corruption; (f) ensuring access of the people to independent, impartial, competent, timely and affordable institutions of justice; (g) recognition of the role of civil society in governance and facilitation of its role in ensuring the accountability of government; (h) protection and promotion of human rights and fundamental freedoms in order to enhance the dignity of individuals and communities; (i) ensuring full participation of women, persons with disabilities, and all other citizens in the political, social and economic life of the nation; (j) implementation of the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender; (k) progressive implementation of the principle that at least five per cent of the members of elective or appointive bodies shall be persons with disabilities; (l) recognition of the special responsibilities that the State, society and parents owe to children, and upholding the family and the institution of marriage; (m) commitment to social justice and the realization of the rights of the people to basic needs and a secure environment; CHAPTER SIX THE BILL OF RIGHTS Part I : General Provisions Relating to the Bill of Rights Fundamental rights and freedoms 29.(1) This Bill of Rights is an integral part of Kenya’s democratic State and is the framework for social, economic and cultural policies. (2) The purpose of the recognition and protection of human rights is to preserve the dignity of individuals and communities and to promote social justice and the realization of the potential of all human beings. (3) The rights and freedoms set out in this Chapter (a) are inherent in each individual and are not granted by the State;... ... Family 42.(1) The family is the natural and fundamental unit of society and the basis of social order. (2) Every adult has the right (a) to marry a person of the opposite sex, based upon the free consent of the parties; and (b) to found a family. (3) A person shall not marry another person of the same sex. (4) Parties to a marriage are entitled to equal rights in relation to the marriage at the time of the marriage, during the marriage, and at the dissolution of the marriage.

OUTINKENYA COMMENTARY: With great dismay, outinkenya acknowledges the reality that the constitution will be approved as it is. Specifically, the inclusion of section 3 chapter 6 under "family" (i.e A person shall not marry another person of the same sex) means that Lesbians and Bi-sexual women and the whole Gay community in Kenya have been denied that "access of the people to independent, impartial, competent, timely and affordale institutions of justice" (section 13(f) chapter 3). This denial leaves open the possiblity of further harassment and discrimination of the gay community in Kenya. Further, how does the government propose to "protect our human rights and preserve our dignity" (section 2 chapter 3) while at the same time denying our existence? How will the government "ensure the full participation of women" (section 13(f) chapter 3) whilst denying the very fact that not all women are heterosexual? We are all women. We all have a right to full inclusion in our own communities and country. We have a right to be included in any policies the government draws up for the benefit of women based on the constitution. We exist. We are Kenyans. We are part of the family in all it's gloriously beatiful diversity. All of us are human. The government has failed us in the current constitution. The battle for equal rights is just beginning. We shall not be denied. We shall not be silenced.