On behalf of the Kenyan Bishops, Pastors, Ministers and their congregants in the larger Diaspora fraternity mainly the United States of America, we wish to make our stand known. Let it be known to all Kenyans that while we support and congratulate the progress made towards the realization for a new Constitution, we nonetheless are opposed to the inclusion of the Kadhi Courts into the Draft Constitution. Kenya is secular nation and no religion should be given any special treatment as this is recipe for disaster. We stand united to guard the gates of our beloved nation. We stand united to guard the political, social, judicial and family gates of our government for the following reasons-

Here below is the Joint communique!

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JOINT COMMUNIQUE FROM THE INTERNATIONAL PRAYER NETWORK IN DIASPORA

The Kenyan Bishops, Pastors, Ministers, their congregants, and all like-minded Christians in the larger Diaspora fraternity mainly the United States of America wish to make our stand known. Let it be known to all Kenyans that we appreciate, congratulate and support the progress made towards the realization of a new Constitution. We, nonetheless, are opposed to the inclusion of the Kadhi Courts into the Draft Constitution and the wording on the Abortion Clause. Kenya is a secular nation and no religion should be given any special treatment as this is a recipe for disaster. We stand united with our Kenyan church in support of the quest for a constitution that serves all Kenyans equally irrespective of tribe, race, religion, gender, or status. We believe that such a constitution will safeguard the judicial, social, political, family, and all other institutions that establish a free nation. Below are a few of our concerns:

(i)     As observed by the three appellant Judges in their May 24^th, 2010 ruling, the inclusion of Kadhi Courts into the Constitution discriminates against non-Islamic faiths. The Judges declared that Section 66 of the Constitution, which creates the office of the Chief Kadhi and also entrenches the Kadhi Courts unjust on grounds that it was unconstitutional. No doubt the work of the courts is to interpret the law and not to make the laws.

(ii)   Funding and establishment of the Kadhi Courts under Article 170 amounts to separate development of one religion and religious practice. This is contrary to the principle of separation of State and Religion and is, therefore, contrary to the universal norms and principles of liberty and freedom of religion as envisaged under Sections 70, 78 and 82 of the Constitution. Article 170 (2) discriminates against all other sectors of society by limiting the Kadhi’s job opportunity only to persons that profess the Muslim Religion. Any institution funded by the government should not discriminate against anyone whether by gender of religion. If a Kadhi court ruling was in conflict with Kenyan law, who would they be subject to? The church leaders also insist that the language in the previous draft (Article 8) be reinstated declaring that State and Religion be separate, all religions will be treated equally and that there will be no State religion.

(iii)                         On the issue of abortion, Sec 26(4) reiterates and reaffirms the current Kenyan penal code by stating “Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law”. However, the church insists that the weak drafting of the clause, especially the last two parts, could allow for the same clause to be used to enact laws or justify procurement of on-demand abortion. Further, the word “Opinion” here can be subjected to manipulative interpretations by the reproductive health care givers. The question of which “trained health professionals” qualify to make this important decision arises; is it doctors, nurses, clinical officers, technicians, dentists, pharmacists, or even first aid providers?The Abortion wording must not be ambiguous leaving room for any manipulations.  Only a written law in the Constitution can clarify this.

(iv)The Constitution becomes the law that will govern our beloved country for generations to come. We have waited this long for it! There is, therefore, no reason we cannot do any amendment while it is still in draft form. Passing a questionable one with the promise of later amendments could mire Kenyans into controversies and divisions again. This would be tantamount to knowingly serving people a dish with questionable ingredients and promising them treatment afterwards. Every Kenyan should have the right to express their concerns without fear of insult, threat, or recrimination. Open dialogue should determine the merit of any arguments raised. After all, this is the foundation of constitution making. Let Kenya be known as a country of kindness, morality, equity, and justice. We love Kenya and ALL its people.

PREPARED BY THE INTERNATIONAL DAY OF PRAYER NETWORK IN DIASPORA – PASTORAL TEAM.

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