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Kenya Constitution Making: Will the Referendum be fair?
As we await the referendum on the draft constitution in Kenya, daggers are already drawn between the government of President Mwai Kibaki and Prime Minister Raila Odinga on the one hand and the Church led by the powerful National Council of Christian Churches of Kenya (NCCK) on the other.
The government says Kenyans must adopt the draft constitution that it has had drawn by what it calls a committee of experts. The key reason Kenyans must adopt the draft constitution is, according to the government, because, “you have waited for 20 years to get a new constitution.”
On the other hand the Church urges Kenyans to reject the draft constitution because, according to one vocal clergy, Bishop Wilfred Lai, “the constitution is like a poisoned cake.” It may be a small portion that is poisoned, he argues, but if you eat the cake with the poisoned part, you will surely suffer the consequences. “The poisoned part must be cut and thrown away!”
The poison is contained in two sections– one on abortion and the other concerning Islamic family law. The Church argues the section on abortion permits murder of innocent humans because life begins at conception. And the other section, the Church argues, allows an unfair continuation of Islamic family law. “All religions are equal,” the Church says.
Unless these are removed, the Church, estimated to control about three quarters of the Kenyan population, will reject the constitution.
Barack Obama and William Ruto
One the sides are Higher Education Minister William Ruto who is opposed to the constitution and the diplomatic community in Kenya and the American President Barack Obama, who support the government. Mr. Ruto with a sizeable following from the populous Rift Valley Province, does not like the section on land while the American President, whose father was Kenyan, sees the new constitution as an excellent part of what the Americans call, “reform package.”
Opposed Groups Launch Campaigns
As it is, no one knows what the average Kenyan thinks about the draft constitution. That is why it is being subjected to a referendum to find out the opinion of the average Kenyan. Now is time for each group and its supporters to go out and campaign for their positions. Who will win obviously depends on how many people they can reach, not necessarily on persuasion, seeing that most Kenyans are not issue oriented.
This is why the demand by clergy that the government stop using public funds for its “yes” campaign is fair. In deed, as the Church is saying, the government should tell Kenyans how it will raise funds for its campaign.
Similarly, the American President Mr. Barack Obama and the diplomatic group in Nairobi should stay out of this. It is understandable that Mr. Obama has concern for his father land – after all, his grand mother and a retinue of relatives live here. Despite this, it is essential foe him to be seen to be fair and non-partisan so that Kenyans can continue to have regard for his opinion and position as the president of the most powerful country on earth and a “Diaspora Kenyan.” My advice to him is: Don’t dirty your name and image in the cantankerous and meaningless fights. We can handle this by ourselves, thanks.”
In the meantime, myself as an ordinary Kenyan, would like to repeat my opposition to the draft constitution for reasons earlier stated in this blog. The weak effort by the government to involve elders from selected Kenyan communities, or tribes, if you like, was the classic case of “too little, too late.” If you are a Kenya, where do your really stand and why?
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