Odds mount against Kadhis courts critics

By Biketi Kikechi

The hard-line stand by churches over the inclusion of Kadhi’s courts in the Revised Harmonised Draft Constitution is worrying.

The national referendum is drawing closer but fears abound over the standoff between Church leaders and their Muslim counterparts.

Anglican Church prelate archbishop Eliud Wabukala declined to comment when The Standard on Sunday, contacted him.

"It’s not an individual affair. It concerns a wider team of leaders and we will be issuing a statement later this coming week," added Wabukala.

Garsen MP Danson Mungatana is among leaders urging the Church not to derail constitutional review.

Soften stance

The MP asked those upset by the Parliamentary Select Committee (PSC)’s work on the revised draft to soften their stand in the interest of the nation.

"We have clamoured for a new constitution for more than 20 years and should not lose this opportunity due to sectarian interests," said Mungatana.

Political scientists also predict a showdown between politicians and clerics.

They suggest the Revised Harmonised Draft will only receive the backing of the political class if it remains unchanged.

"The political class will score against Christians because Church members are also followers of key political leaders," said Adams Oloo of the University of Nairobi.

Prime Minister Raila Odinga is among those who have called for tolerance among religious, cultural and ethnic groups.

"A time has come for us to accept that much as we may be diverse in our culture, faith, ethnic identity and social status, we hold common hopes as one nation," said Raila.

Positive statements from politicians imply that they may choose to ignore church leaders.

"Kadhis courts are not a contentious issue and I urge Christians not to contest their inclusion in the document," said Karua.

Many Kenyans have also supported the courts’ inclusion in the draft constitution but that has not stopped some church leaders from agitating for their removal.

Observers had expected the more liberal Catholics to either support the courts or remain non-committal over the issue.

The Church told the Committee of Experts to clearly indicate in the preamble of the Constitution that Church and State are separate entities.

The Supreme Council of Kenya Muslims (Supkem) has cautioned that those calling for the removal of the courts in the draft want the current Constitution.

Dr Oloo thinks Christians will yield like they did in the 2005 when religious leaders told their faithful to vote with their conscience.

"They wanted to avoid any resultant embarrassment because they knew Kenyans listen more to politicians," added Oloo.

Politicians appear to be speaking with one voice on the issue thus minimising the danger of politicising the draft.

Consensus by Parliament and lack of detractive politics along ethnic lines is key to the realisation of a new constitution.

"Any differences between key political leaders in the Coalition Government may divide voters along party and ethnic lines and deny the country a chance of getting a new Constitution," warns Prof Munene Macharia of Usiu-Kenya.

The Church has over the years opposed the introduction of the courts but they have always been retained.

Secular state

Among key leaders spearheading the opposition to the Kadhis courts is the National Council of Churches of Kenya (NCCK) Secretary General Peter Karanja, Jesus is Alive Ministry head Margret Wanjiru and the Anglican church.

While some Christians in the North and South Rift and parts of Western have softened their stand over the Kadhis courts, Coast Christians have not.

Under the banner of the Coast Church leaders Forum, they have argued that establishing Kadhis courts is tantamount to elevating Islam to an official religion.

The emotive issue led to the withdrawal of the Supreme Council of Kenya Muslims from the Ufungamano initiative.

The initiative is a forum of religious organisations comprising the Anglican Church of Kenya, Evangelical Alliance of Kenya, Hindu Council of Kenya, Kenya Episcopal Conference, Methodist Church, NCCK, Organisation of African Instituted Churches, Presbyterian Church of East Africa, Seventh-day Adventist Church, and Salvation Army.

The Ufungamano group was established in December 1999 to campaign against Government controlled constitutional review and agitate for a people driven constitutional reform.

Dr Oki Ooko Ombaka was the Chairman of The Peoples Commission of Kenya, which was to counter the Government-led Constitution Review of Kenya Commission before the two bodies merged.