PLURALISM, SECULARISM AND CONSTITUTIONALISM

Question 1

1. Do the concepts of pluralism and secularism exist in the Kenyan constitution.

Answer 1

• Preamble
• A.8
• A.21.3
• A.24
• A.27
• A.32
• A.170

Question 2

2. Both in the constitution?

Answer 2

yes

Question 3

3. Can pluralism and secularism co-exist

Answer 3

• Kadhi court (argument for and against)
• Cases: headscarf cases
• The ECHR cases
• Mukami Wangai reading on the headscarf cases (Assertive vs passive secularism)

Question 4

4. How does this relate to the ubiquity of religion in Kenya?

Answer 4

• Elisabeth Stoddard
• Shaped making of the Kenyan law

Question 5

5. Is the preamble disruptive of the allegation of secularism in A.8?

Answer 5

• Mukami Wangai: no
• US as an example = typical secularity
• Smith definition of secularism: 3 aspects (R v S, I v S, S v R)
• Christian green article: Tanzania on sheria courts
• Kenya – liberal understanding of the COK

Question 6

RECOGNITION OF GOD IN THE KENYAN CONSTITUTION

Answer 6

• Preamble of COK
• 3rd schedule on oaths and affirmation (was opposed by secularists and SDA, but still put in)
  Deagon on Australia: enhancement of modern liberal democracy
  Mukami Wangai – unification of the diverse religious views of Kenyan population