Let us foster tolerance that the Constitution preaches

By Vincent Wambugu

On August 4th, after the constitutional referendum was ratified by Kenyans, Catholic Bishop Anthony Muheria penned an article calling on the ‘No’ and ‘Yes’ protagonists "to embrace the historic moment in our great nation".

Having been one of the lead soldiers of the ‘Red’ brigade, this embrace of the new dispensation came as a shocker to many.

Early last week, the man, who passionately advocated that the Proposed Constitution was not what the country needed, is nominated to serve in the Judicial Service Commission to vet judges and spearhead judicial reforms.

It is not surprising that some pundits have expressed concern. They are wondering how the bishop will aptly contribute towards execution of a document "he voted against".

They are also questioning how he will handle issues relating to Kadhi Courts and pro-life versus pro-choice debates bearing in mind strong opposition of the Catholic Church against the two issues.

The bishop’s contention that he will judge people "based on their person and not faith", may not be understood by some — particularly those still stuck in the emotional and partisan campaign of the referendum.

Muheria is just but a victim in this emerging episode of intolerance and witch-hunt. He represents millions of others who may have had an issue or two with the ratified Constitution and exercised their right to vote against it.

It no longer matters how we voted, considering the Constitution is the sole legislative document applicable to all Kenyans. Those with contrary opinions are perpetuating old-style divisive politics of isolation as contained in the discarded Constitution. Their acts smirk of a backward culture of intolerance that the very Constitution they purport to jealously defend, hopes to reverse.

Pain and bitterness

The new order advocates for wide consultation and inclusiveness. And as Kenyans we cannot backtrack on this or afford another violent episode of bloodshed. Indeed, anyone seeking to exclude those who campaigned against the review process poses the biggest threat to implementation of the Constitution. The political class has had its fair share of challenges in Parliament.

We must all drop the campaign pain and bitterness, as Parliament has already exhibited, and move this country forward. In any case, many will be surprised to realise that some MPs who voted in favour of the new order are the very ones disregarding the law and throwing thorns in the way of its implementation.

A referendum is a mere expression of opinion. The bigger challenge lies in actualising the popularly agreed upon opinion. And here, everyone has a say, and those who can help actualise it, must be accorded an even bigger say.

A coin has two sides and for better results, there is need to ensure all shades of representation are reflected in the implementation committees and organs.

The Church must be at the heart of the healing and reconciliation process. It must play an integral role in implementing the new dispensation. It must give guidance, inspiration and wisdom as we embark on this road towards a new republic. The very spirit of Katiba is to love one another, work and live together — virtues we must uphold as a nation.

More importantly, we need to reflect on Muheria’s sentiments: "Whether one voted for or against the Constitution, this moment still will mark our history, as the new Constitution will govern us all. At this stage there is no colour that should distinguish us; there is no political rhetoric that should label us: No!

"As we stand on this day of our nation, we must stand as Kenyans, proud of our heritage, ready to take up the tasks and challenges the new Constitution bestows onto us, and to make up for the mistakes of our history as a nation."

—Fr Wambugu is the Secretary General, Kenya Episcopal Conference — Catholic Secretariat.