Njoki Ndung’u
I am at a loss as to how to comprehend certain clergy. Not all of them, mind you, for there are those who have interrogated the Proposed Constitution through educated and informed debate.
My concern is Church leaders who use public platforms and rallies, educating their congregations on the draft in the most shockingly untruthful manner.
The leaders are new to the reform agenda but others have been part of the constitutional review for as long as I can remember. As a Kenyan involved deeply in the constitution review for more than 18 years and a member of the Ufungamano Initiative in the 1990’s, I am unable to recognise these voices as belonging to a progressive reform agenda. Even if one tries to give them the benefit of doubt, for not having read or understood the draft, evolving events are bringing into question the motives and agenda of this particular group. This is best illustrated by an advertisement by the Kenya Christian Church Leaders this week, accusing the Committee of Experts of introducing hate speech into the draft.
They take issue with two clauses in the chapter on land. The first is one of the provisions on community land, which states: "Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest." The second is a provision on one of the functions of the National Land Commission, which is to "initiate investigations, on its own initiative or on a complaint, into present or historical land injustices and recommend appropriate redress." The CoE, they say, must be charged with hate speech, for ‘inserting’ these clauses which, according to their imaginative interpretation, will allow the nullification of the right of Kenyans to move and buy land, and Government will be compelled to evict Kenyans! One may wish to laugh this away as gross ignorance. But to be both ignorant and use the pulpit to instil fear in Kenyans through falsehoods is unforgivable.
Under the law that constitutes the review process, the CoE had the legal task of identifying issues already agreed upon in the Ghai, Bomas and Wako draft constitutions and those issues outstanding and not agreed upon.
The CoE then published the Harmonised Draft, which brought together all agreed issues and those previously unresolved, for further input from Kenyans. The diversity of views received thereafter and the input of the PSC is the Proposed Constitution.
The issues as raised by the clergy have never been contentious. The clause on historical injustices is found in its exact wording, in all four previous drafts. The community land provision is found word for word, in three drafts. Since 2003, the clergy have been active in all stages of review and endorsed the agreed issues. Both are included in the Proposed Constitution. What’s even more bizarre is that NCCK’s own nominee, Bethwell Kiplagat chairs the Truth, Justice and Reconciliation Commission whose mandate includes investigation of past injustices including land injustices. So, what has happened to these former champions of the poor, who asked for an accountable government, transparent financial management, and devolution of power?
Who demanded equitable distribution of resources, relief for the landless, a strong Bill of Rights, equitable representation, rights, benefits and protection for the poor? They stand opposed when all is finally provided for. Can someone please tell me what’s really going on?
The writer is an advocate of the High Court
