By Okech Kendo

If Pope Benedict XVI were a Kenyan, he would most probably have voted ‘Yes’ to the Proposed Constitution.

Unlike his local delegates, the Roman Catholic head would have allowed the flock to vote with their conscience. And, the pontiff would probably be planning to celebrate because the way of the majority is the way of God.

Now that the majority has had their way, Kenya has won. Conscience has prevailed, and not the din of political lies that compromised the road to this new day.

For the Pope had long recognised that no amount of sermonising, or spiritual blackmail can force reasonable adults to do what they believe is wrong; not even the threat of eternal damnation can persuade conscientious adults against doing what they believe is right.

In such divisive circumstances, it is safe to set the faithful free to listen to the power of their inner little voices. By freeing faithful to their conscience, fundamentalist ecclesiastics would get out of the difficult situation with their credibility somewhat intact.

There can be no higher authority in respect of the power of conscience than the Pope for those who subscribe to Catholicism and spiritual dogma.

Joseph Ratzinger, now Pope Benedict XVI, himself recognises the supremacy of conscience over ecclesiastical authorities that proclaim moral piety.

You can rescue a dying cow from a cesspit on a holy day in spite of what the Bible and earthly mediators say about the sanctity of the Sabbath Day.

"Over ecclesiastical authority, there stands one’s conscience, which must be obeyed before all else. Even if necessary against the requirements of ecclesiastical authority."

This has always been Pope’s counsel to clergy who would impose their prejudices on Catholic faithful.

The referendum ruckus is down to one fact today: With the popular verdict out, conscience and Kenya are the winners, and should, from now on, always be.

Misleading the flock

Preachers, pastors, priests, and bishops will let you down some time. But there is a little being inside you that will always let you know the right way.

Your chiefs, councillors, and MPs could tell you the wrong things mistaking them for right. They would mislead you most of the time.

But there is a little voice inside all reasonable and right thinking people that shall never disappoint.

Politicians shall even mislead you in the name of love, friendship, and patriotism. But theirs may be disguised self-interest. They mislead you to hold you down as their doormat.

But there comes a time, and it did come yesterday, when citizens must decide between remaining where they are and going where they can be.

Think of the two politicians who campaigned different ways, but both claimed they did so for love of the President. For love and friendship, they campaigned for ‘Yes’ and ‘No’.

For love and friendship, they walked parallel ways yet they expected those who think of them as role models to believe theirs was the right way.

Former Nyeri Town MP Wanyiri Kihoro campaigned for rejection of the Proposed Constitution to protect Kibaki against possible indictment at The Hague.

Environment Minister John Michuki also became a late convert to the ‘Yes’ bandwagon because he did not want to betray his friendship with the President.

Kihoro thinks Article 143(4) of the Proposed Constitution was tailor-made to nail Kibaki once he leaves the presidency in 2012. By supporting the draft, Kihoro claimed Kibaki was preparing the ground for his arrest and indictment at The Hague for crimes covered under the Rome Statute.

And he wondered why the President was hell bent on self-destruction.

For the love of the President, Kihoro campaigned against the Proposed Constitution, pleading with Kibaki not to endorse his own warrant of arrest.

Kihoro’s fear for Kibaki’s arrest is based on Page 123 of the Waki Report. The Commission of Inquiry into Post-Election Violence that Justice Philip Waki chaired, found out that those who raided Naivasha on January 28, 2008, and committed crimes falling within articles seven and eight of the Rome Statute, met twice in State House.

So, Kihoro had wanted the draft constitution rejected to ‘protect’ President Kibaki against being forced to declare, before the International Criminal Court, what he knew about the State House meetings that the Waki Report cites.

Kenyan triumph

Curious reasoning, you may say, when Kibaki himself, by supporting the draft, had declared he wanted an end to Executive impunity. So, why stop President Kibaki when he is willing to make sacrifices, even personal, to grant Kenya a new constitution?

The Anglican Church of Kenya had seen this coming when it freed the flock to vote with their conscience. Other faiths did not, but that is now water under the bridge.

Now that this day has arrived, the majority who have had their way, should accommodate the minority who had their say.

Together, we celebrate because Kenya and conscience have triumphed.

The writer is The Standard managing editor, Production & Quality.

Kendo@standardmedia.co.ke