Let’s all vote ‘No’ to the Draft and get on with it

Cyprian Nyamwamu

At a time when all political parties are in government except Kaddu, when God has made it possible for this nation to be united in facilitating a process of making a just and democratic constitution, we seem to have missed the significance of NOW.

This moment shall never, never repeat itself in history. In fact it has come to be because of extraordinary circumstances that led to the National Accord Framework. The ‘No’ side, especially bishops, is missing the import of this opportunity.

Ann Njogu recently said we are not making this constitution to take us to heaven, but save ourselves from a hell like the one we witnessed in the 2007/8 chaos. Yet, a William Ruto and Cyrus Jirongo-led brigade says we are hurrying to make a bad constitution.

How is it that after 47 years, more than Sh4 trillion lost in war, clashes, Anglo leasing, Goldenberg, thousands killed, jailed, harmed looking for a new, democratic constitution be ‘a hurry’?

The beauty of democracy is that a whole population can mislead itself and years later regain its reason and do the right thing. Priests, princes and philosophers of every society must play their roles, but we have surrendered ours to non-philosophers and Christian lawyers who want to shout everyone out of the conversation.

Recently, a lawyer claimed Kenya is secular and since there is separation of religion and State, Kadhis’ Courts should be abolished since it is akin to elevating one religion and encourage separate development of one (Islam) over others. This is the bone of contention in the Kadhis’ Courts fireball that has become the squirrel as we chase the antelope.

Pay for nurses

But then one must not have his cake and eat it. So we should perhaps all vote ‘No’ so that we make a constitution that establishes a secular state proper and separates State from religion completely, so that taxes are not used to promote any religion;

(i.) All Christian schools should employ their own teachers and pay them, not from taxes paid by Muslims and atheists, Hindus, Buddhists and others; (ii.) Christian-sponsored hospitals should pay for the nurses and personnel; (iii.) The chaplain of the military and chaplain of police and other disciplined forces should be withdrawn immediately. Chaplains in universities and colleges should be withdrawn too; (iv.) Saturday and Sunday should become working days so Christians, like Muslims, attend pray during their lunch break. No special treatment please.

Also, (v.) Gay rights should be recognised and same sex unions solemnised since that is what happens in secular states like South Africa; (vi.) Prayers at the start of parliamentary and other public functions should be stopped; (vii.) Oaths of office for all public officials should be amended so that allegiance is to the Constitution, with no mention of God; (viii.) There should be no Bible or Koran in courts of law.

And, (ix.) Let’s amend our National Anthem because some of us are atheist and the God we refer to in the verse is offensive to some of our brethren;

Finally, (x.) This business of preventing women from seeking elective abortion should stop. Women should not procure abortions only because their health and life is in danger, but also, because such a pregnancy is socially untenable in their development.

If bishops, who have run an institution that has existed since St Peter, 2,000 years ago and who have world renown institutions to inform their philosophical basis of priesthood now rely on laymen to advise them on the meaning of "religious courts" and ‘discrimination’, then they should be prepared to take responsibility for this factionalism and tearing of the fabric of my nation.

How do the bishops publish the kind of statements and letters we have seen and escape the judgement history hands men and women who have been given distinguished status in the community.

Consuming Sharia law

Where did this wish to destroy our nation come from? How can we surrender the stewardship of our nation to activists who clothe themselves in religious fervour. Kenya needs a new settlement and it is true Kadhis’ Courts have not hurt the interests of our nation. Anyway, who said Kenya is about to be consumed under Sharia law? And how do parts of the Constitution become inconsistent with others?

If some people do not know about fair administration and access to justice is the basis of having courts, then let us vote ‘No’ then craft a constitution to establish a secular state in place of our religiously neutral state.

The writer is Chief Executive Officer of the NCEC.