The Kenyan Parliament has approved a draft version of the country’s new constitution, which will now be sent to the nation for approval in a national referendum that is planned to take place towards the end of the year.
The government support of the draft has however but the government on a collision course with church leaders considering that Kenya is a deeply religious country, which includes 24 Christian denominations. The christian leaders are citing that Parliament’s approval of the draft, which included a government supported Sharia law court system through its inclusion of the Khadhis courts and omitted to outlaw abortion, was unacceptable.
"We insist that the constitution must protect all human life, which begins at conception and ends at natural death," said Peter Karanja in a press statement. Karanja is secretary general of the National Council of Churches of Kenya.
Kenya currently outlaws abortion unless three doctors certify that the pregnancy puts a woman's life in immediate danger. In a sign of official acknowledgement of the widespread use of illegal abortions, however, post-abortion care is legal and available in hospitals.
The committee of experts that was put in place and was charged with drafting the constitution had placed a provision allowing for abortions under certain emergencies in order to comply with international treaties on human rights that Kenya has signed. The provision would permit abortion if a pregnancy brought danger to life or health of the mother. Such phrasing could be interpreted to allow for the termination of pregnancies that pose both physical risks as well as psychological ones, such as when a woman has been raped and this is what our Christan's leaders are afraid about.
On the issue of khadhis courts, Muslims in Kenya complain that the current hybrid court operates inadequately and does not serve their purposes. Hence they would like to review its structure, hierarchy and procedure, and have proposed the creation of Khadhis' courts of appeal. Opponents of these proposals, who also call for the removal of the Khadhi's Court from the Constitution altogether, argue that the exclusive appointment of Khadhis is discriminatory, and that appointment of Khadhis as public servants and the funding of Khadhis' courts by the exchequer when they have no secular purpose amount to an unlawful establishment of a state religion.
They further argue against the creation of a separate court system, which would include Khadhis' courts of appeal, solely for Muslims. If such a court were established, the High Court or the Chief Justice would no longer have any oversight over it without diluting its functions and independence says the opponents of Khadhi's court proposal.
However despite the concerned appeal of our Christan leaders which to some point might be valid, my concern as a Kenyan citizen is that we all know that the constitution making is a political process and in making of any laws, the law must be a consensus of the wider majority of the society it will apply to. However in Kenya the current constitution hasn't been perfect all together that is why for over 40 years concerned Kenyans have been yearning for a new constitution that reflects their values and aspirations as a nation, so my dear church leaders should we throw away this lesser evil that will help us to deal with impunity and one that curbs the presidential powers and throw away our hopes of getting a new constitution that is much better than the current one? or should we go with the greater evil that leaves room for negative ethnicity that has divided this country for over four decades?
My appeal to all is that before we vote in the upcoming referendum, let us all read the document and then vote as you think the constitution might help you or not because its the wearer of the shoe who knows where its hurt, so if the constitution provides a situation of seeing a better Kenya for you, where you can get services not because you are from a specific tribe or region or it can help you have food on your table and a better future the choice is yours likewise if it isnt good for you, make your own informed decision but don't be influenced by our church and political leaders who have their own interests to protect.
So first things first, lets all go and get our voting cards ready....
would love to hear what you think.
