Colleagues Home & Abroad Regional News
BY FR JOACHIM OMOLO OUKO, AJ
WUNDANYI-TAITA TAVETA
FRIDAY, JULY 29, 2011
TAKE-3
Workshop on land and water security entered its third day yesterday here at Taita Taveta County in Mombasa Catholic Archdiocese with challenges on the implementations of the new constitution with some participants wondering why Kenyans voted for it overwhelmingly despite the fact that some church leaders told their flocks to vote against it.
Some participants were even concerned why the very church leaders who rejected the constitution and called the meeting to condemn one single man for wearing stud on his ear cannot do the same for over 10 million Kenyans who die of hunger.
Church leaders fear they would be blamed if they don’t condemn things that touch on morality that is why they were afraid if they did not reject the constitution because of abortion or condemn Dr Willy Mutinga for wearing the studs, which to them meant that he was either homosexual or advocating for it they would be blamed.
Those who die of hunger or still live in IDPs camps is not of a great concern to church leaders because they don’t touch on morality and therefore don’t see any need to call for meeting to push on the government to ensure that no body is dying because of hunger when they are able to feed them.
Kenyans overwhelmingly and peacefully voted “YES” for a new constitution as opposed to some Church leaders who commanded their flocks to vote “NO”. ‘YES’ got 5,954,767- representing 67.25 percent of the total votes while “NO” got 2,687,193- representing 30.25 percent.
Kenyans and for that matter, the vast majority of Christians went against their church leaders’ command and voted “YES” because they generally agreed that the proposed constitution, while not perfect, is a huge improvement over the old constitution, a colonial-era document that gives almost total power to the President and leaves out any mention that the government serves at the behest of Kenya’s citizens.
They voted “YES” because Kenya’s new constitution is not only designed to re-distribute political power away from the capital, Nairobi, to 47 newly created counties (the devolution of powers), but also the land issue. It explains why numerous groups played a pivotal role in delivering this historically critical outcome, including established groups such as the Kenya Land Alliance.
Other groups included the Center for Land Economy, Women’s Right Movements, the Green Belt Movement, and newer groups such as the young women’s advocacy group Warembo ni Yes (an outgrowth of Bunge la Mwananchi—Women’s Social Movement).
Warembo ni Yes used new technologies such as mobile phones, Facebook, Twitters and the Internet, and more traditional methods such as community forums to amplify the voices of their constituency. In the process, innovative female leaders emerged to advance women’s rights.
Women were to vote overwhelmingly for the new constitution because it guarantees that they will fill at least one-third of elected and appointed government posts, land and property inheritance. Under Kenya’s previous law, inheritance was governed by customary law, often preventing women from inheriting property from their parents or laying claim to joint assets when their husbands’ died.
A new Bill of Rights also provides that all marriages shall be registered under an Act of Parliament. This means that even customary law marriages will be certified, protecting women’s interests in disputes between a widow and her in-laws over property. Currently, in the case of customary marriage it is the in-laws who attest to the existence of the union since they are the ones who oversee the traditional wedding.
In the new dispensation, all marriages will be officially registered. Women will also be protected from claims by other women who turn up following a man’s death, claiming to have been married to the same man under customary law and demanding a share of his estate – a common occurrence.
Historically land has been the centre for controversy in Kenya especially the issue of women being denied the right to own or inherit land. There are numerous cases where women are disinherited of land and new law seeks to change this as stated in the following articles Article 60:
(1) Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles-
(f) Elimination of gender discrimination in law, customs and practices related to land and property in land: Article 68 Enact legislation (vi) To protect the dependants of deceased persons holding interests in any land; and water.
The new law defines community land as ancestral land and lands traditionally occupied by hunter –gatherer communities or lawfully held as trust land by the county governments. The new law entrenches provisions that protect culture and traditional lifestyles of indigenous people.
“The constitution shall protect indigenous communities that have retained and maintained a traditional lifestyle and livelihoods based on hunter- gatherer economy or pastoral persons and communities, whether they’re nomadic or settled community because of its relative geographical isolation who have experienced only marginal participation in social and economic life of Kenya as a whole.
That is why a day after Kenyans voted to accept a new constitution women across the country spoke about their hopes and expectations. Formerly women have been robbed of their financial contributions to matrimonial assets.
Men for example could just wake up one morning and sale the house they had bought together with his wife without her consent. This cannot happen now because the new constitution provides for the elimination of gender discrimination in law, customs and practices related to land and property.
This is indeed a very historic moment for the women of this country who have for years battled with their in-laws in succession cases. Formerly in the case of customary marriage it is the in-laws who attest to the existence of the union since they are the ones who oversee the traditional wedding.
The new constitution also grants health budgets for counties, making health care services more available in rural areas. It will ensure that there will be better deployment of health workers in all parts of the country, better nutrition and provision of health services. This will enable more women to deliver in hospitals and a sharp improvement of family planning services.
People for Peace in Africa (PPA)
P O Box 14877
Nairobi
00800, Westlands
Kenya
Tel 254-20-4441372
Website: www.peopleforpeaceafrica.org