By Shadrack Mbaka
I beg to differ, disagree and dismiss the ongoing talks between the Church and the Government on matters pertaining to the Proposed Constitution. I Would like to entirely place my argument on the basis that the negotiations are not recognized in the Constitutional Review Act 2008, meaning that the talks are time barred, illegal and of course illegitimate.
The sequence of events started unfolding, when Parliament was unable to amend some sections and clauses in the Proposed Constitution due lack of numbers. Renegotiations over the amendments hit a concrete wall; it is unfortunate and untimely that the church has drawn the battle line with the state arguing those clauses on Abortion and the Kadhi courts should either be amended or be done away with.
This demands made by the church seem to be misplaced because it is my believe that in the process of Constitution making, it is the Kenyan people who should exercise their sovereign will to write the social contract for amongst them. Therefore the Church has no mandate to do this on behalf of their followers. Under the Proposed Constitution issue on Abortion remains illegal but in circumstances that the Mothers’ life Is in danger it is only logical that the Doctor saves a life. About the Kadhi courts I tend to think that the church is sitting around the table with the wrong party, which in this case, is the state.
The Church should have otherwise held a series of meetings with their Muslim counterparts, to raise their concerns on issues pertaining to the Kadhi courts. If consensus and understanding is brokered then it will be welcomed.
Why should the church be wasting time on negotiations that are time barred? It is only fair that the Church advocates for amendments after the document is passed or all the same say NO to the Proposed Constitution rather than dwelling on deceptive talks that is likely to divide and confuse Kenyans on the new Constitution.
I therefore call upon Church leaders to be sincere on their quest for amendments on the Constitution, and if they still feel aggrieved they should use the newly formed Interim Independent Constitutional Dispute Resolution Court which was founded to be a backbone of the Constitutional Review to be the sole independent arbiter on critical issues arising from the Constitutional review process.
I beg to differ, disagree and dismiss the ongoing talks between the Church and the Government on matters pertaining to the Proposed Constitution. I Would like to entirely place my argument on the basis that the negotiations are not recognized in the Constitutional Review Act 2008, meaning that the talks are time barred, illegal and of course illegitimate.
The sequence of events started unfolding, when Parliament was unable to amend some sections and clauses in the Proposed Constitution due lack of numbers. Renegotiations over the amendments hit a concrete wall; it is unfortunate and untimely that the church has drawn the battle line with the state arguing those clauses on Abortion and the Kadhi courts should either be amended or be done away with.
This demands made by the church seem to be misplaced because it is my believe that in the process of Constitution making, it is the Kenyan people who should exercise their sovereign will to write the social contract for amongst them. Therefore the Church has no mandate to do this on behalf of their followers. Under the Proposed Constitution issue on Abortion remains illegal but in circumstances that the Mothers’ life Is in danger it is only logical that the Doctor saves a life. About the Kadhi courts I tend to think that the church is sitting around the table with the wrong party, which in this case, is the state.
The Church should have otherwise held a series of meetings with their Muslim counterparts, to raise their concerns on issues pertaining to the Kadhi courts. If consensus and understanding is brokered then it will be welcomed.
Why should the church be wasting time on negotiations that are time barred? It is only fair that the Church advocates for amendments after the document is passed or all the same say NO to the Proposed Constitution rather than dwelling on deceptive talks that is likely to divide and confuse Kenyans on the new Constitution.
I therefore call upon Church leaders to be sincere on their quest for amendments on the Constitution, and if they still feel aggrieved they should use the newly formed Interim Independent Constitutional Dispute Resolution Court which was founded to be a backbone of the Constitutional Review to be the sole independent arbiter on critical issues arising from the Constitutional review process.
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