Proposed law not perfect but it will facilitate good governance

By Kamotho Waiganjo

Dear Bishop,

Let me start by acknowledging the role you have played in my life over the years. You have been my shepherd, my spiritual mentor, my friend. I therefore regret that a time has come when we have to part ways on an issue as important as the constitution.

Unlike many politicians who daily ridicule you, I know your decision to oppose the draft is sincere and well intentioned. Incidentally, I agree with you that the issues of Kadhi Courts, the issue of the right to life and the rights of the church with regard to religious institutions are weighty matters that would have been best resolved before the referendum. Unfortunately, that option no longer exists and I am faced with a decision on August 4. To vote ‘Yes’ or continue with the current constitution.

Bishop, you and I have watched the results of bad governance in Kenya. We have seen the effects of a parasitic Executive which determines how national resources are shared and who gets appointed to public office, encourages corruption, impunity and abuses human rights. I have seen how the politics of ethnicity, the immense power of the Presidency, the ‘winner take all’ system, the unfair distribution of resources and the absence of a credible judicial system caused us to massacre one another in 2007. I am concerned that if I follow your counsel and vote ‘No’, these matters, which the current constitution promotes remain. I have looked at the political environment and I can see no possibility there will be another review of the Constitution soon, not with the General Election coming so soon. I recognise that the Proposed Constitution is not perfect, but it resolves many of these bad governance issues by unpacking the Presidency, distributing power, and resources by law, creating independent institutions, and empowering the citizen.

I hear you on the Kadhi Courts. But have you considered that this issue may ultimately hurt the Church more when people of other faiths question why the Christians are given preferential treatment in the teaching of Christian Religious Education in public schools, the placement of chaplains in prisons and the disciplined forces? Is it ungodly to allow people of other faiths some privileges if these privileges don’t hurt us? I share your concerns on liberal abortions, but I am happy the draft, though imperfect, defines when life begins and so places constraints on how far exceptions can be made for abortion.

It also leaves opportunities for interpretation by the Supreme Court on these exceptions, which is not available in the current constitution. It also guarantees freedom of conscience allowing all to propagate and change their beliefs.

I keep remembering your sermon where you taught that the God of ethics is also the God of justice and the God of equity. You will therefore understand my decision to support this constitution that champions these values, despite some hesitation on the matters that you have raised a red flag about. I commit to continue praying for you and for Kenya.

—The writer is an advocate of the High Court

the High Court