Reasons why I support Food Security Bill,2014-Ken Mwangi

The legislation on the right to food in Kenya, that is the Food Security Bill, 2014 [FSB],  is timely for following three reasons:

Firstly, it addresses directly a right provided to Kenyans in the Constitution of Kenya, 2010 [COK] at Article 43(1)(c) which states, “Every person has the right to be free from hunger, and to have adequate food of acceptable quality;” In addition, such legislation also responds to Article 53(1)(c) that states, “Every child has the right to basic nutrition, shelter and health care;”. The FSB is therefore purposed towards ensuring compliance with constitutional provisions regarding the right of Kenyans to food.

Secondly, the passing of the Food Security Bill, 2014 would enable the realization of the spirit of the Constitution of Kenya, 2010, which can be gleaned from several provisions within it. These include Article 10 which articulates the National values and principles of governance among them social justice. It also includes Article 19 of the COK that states, “(1) The 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 recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.” Moreover, Article 20 indicates that, “(1) The Bill of Rights applies to all law and binds all State organs and all persons. (2) Every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom.”

Finally, the Food Security Bill, 2014 enables the National and County Governments to fulfill their obligations to Kenyans through providing a solution to the stark realities emergent from recently concluded comprehensive research that was undertaken in 20 Counties by the African Women Studies Centre, University of Nairobi. The research was with respect to the issue of food security and the data from this research paints a grim picture. For instance, in response to the question whether the respondent or any member of their household had gone to sleep at night hungry because there was no food, it emerged that out of the 20 Counties Kirinyaga recorded the lowest number of households that slept hungry rated at 2.1% whilst Turkana had the highest at 48.1%. The overall findings of the research were that 18% of the population or 7.1 million Kenyans are often or always hungry. Clearly, this situation is untenable and the fact that one Kenyan lacks what to eat at all is reason enough for the state to take urgent action to remedy the situation.

It is important to note that although there exists a qualification in Article 21 of the Constitution with respect to the implementation of the socio-economic rights canvassed in Article 43 where the latter are pegged for progressive implementation, the findings from the above research clearly establish the need for the legislation of the Food Security Bill as immediate. Undeniably, if interventions such as those proposed in the FSB are not put in place now, the quality of the health and therefore output of the future generations will be compromised. In addition, the majority of persons will be anxious as they age because of the fact that in some cases elderly persons become vulnerable when they do not have a social support system that is able to ensure they have a meal daily and a meal that addresses their peculiar needs.

I will be offering the essentials of the bill in a later article.

Ken Mwangi, Courtesy of the African Women's Studies Centre, University of Nairobi

kenmwangi90@gmail.com

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