Kenya: Civil society groups vow to back ‘Yes’; Kenya women endorse new law

forwarded by Judy Miriga

Haya. This is it.

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Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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Civil society groups vow to back ‘Yes’
By STANDARD TEAM

Civil society groups involved in peace-building and conflict resolution will push for a ‘Yes’ vote.

At the same time, Deputy Prime Minister Musalia Mudavadi has told the Church the fate of the draft now lies in the hands of Kenyans.

Under the umbrella of PeaceNet, the civil society groups argue the proposed law, if passed, will tame impunity, corruption and enhance equitable sharing of resources.

The group’s Board of Trustees Chairman Michael Muragu said under the current constitution, institutions of governance have been systematically eroded and corrupted to permit political and ethical decay.

Held captive

They asked Kenyans to see the bigger picture and not be held captive to narrow and partisan interests.

In Vihiga, Mr. Mudavadi said the ultimate decision would be made by Kenyans at the referendum as Government and Church representatives failed to agree on contentious issues.

“We have strictly followed the stages and the final is the referendum,” he said.

Speaking after he laid the foundation stone for Jua Kali sheds at Chavakali in Vihiga District, the DPM told the Church that the State would not agree to any amendments.

Meanwhile, 100 people have been denied the opportunity to register as voters in Lamu West constituency following alleged failure to convince Interim Independent Electoral Commission officials that they live at Lake Kenyatta settlement scheme.

The voters, led by businessman Sabir Tahir Said, said many were turned away at Lake Kenyatta in Mpeketoni on claims they had not lived at the village for the last six months.

“We are appealing to IIEC chairman to intervene to help us register,” they said. IIEC coordinator Amina Sudi said the voters were turned away because they do not live in the region and could not show proof of ownership of property in the area.

“I stopped registering them because they could not explain their presence in Mpeketoni and had no property there,” she said.

Report by James Ratemo, Roselyne Obala and Ngumbao Kithi

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Kenya women endorse new law

By OLIVER MATHENGE and JOHN NGIRACHU

In Summary

Ms Karua and Mr Kilonzo ask women to safeguard the gains they stand to get once the new law is passed.

A minister and an MP Friday led women in endorsing the proposed constitution praising the gains that they would get from the new law.

Justice Minister Mutula Kilonzo and Gichugu MP Martha Karua also led women in dismissing the calls by church leaders for the rejection of the proposed law.

Speaking at a national women conference on the constitution, they, however, urged Kenyans to read the proposed law to avoid being misguided by those opposed to it. Church leaders came under scathing attack with speakers terming their assertions as misplaced and misinformed.

“Church leaders must accept that their views and demands have been expressed at every stage of this process and they have not been taken on board. The draft gives an option of the public initiating amendments once it is passed by the collection of a million signatures and I believe that church has this capacity,” Ms Karua told the participants.
She added that every Kenyan has an equal right regardless of their religious or cultural orientation.

Pastoral letter

The former Justice minister also said that the Church was not being sincere pointing to a pastoral letter by the Catholic bishops in 1994 that advised doctors to terminate pregnancies that endanger the mother’s life.

She also said that the clause on abortion in the draft was an improvement of section 240 of the Penal Code that allows medical specialist to save the wife of the mother.

On the kadhis’ court, Ms Karua said that Kenyan laws are based largely on Christian values and therefore the government had the role of ensuring that all other religions enjoy rights that are related to the different faiths.

“Kadhis’ court is not a religion but a subordinate court in the country’s judicial system,” said Ms Karua.

Ms Karua and Mr. Kilonzo asked women to safeguard the gains that they would stand to get once the new law is passed.

Mr. Kilonzo said that the proposed law was not a government process as has been alleged by some church leaders. The minister also alleged that the Cabinet has never discussed the proposed law despite the Tuesday meeting that adopted the draft.

“This is a people driven process and that is why we are asking you to read and vote yes or no. However, do not give Kenyans partisan opinions on the draft in order to encourage them to reject the new law,” said Mr. Kilonzo.

Shut door

Elsewhere, Vice President Kalonzo Musyoka said that the Cabinet had not shut the door on talks between the Church and the State on clauses in the proposed constitution the latter want removed.

He said Tuesday’s Cabinet decision merely affirmed Parliament’s approval of the draft law and not ruled out any amendment to the laws before Kenyans are asked to vote on it.
He spoke at the beginning of a tour of districts that constitute the greater Murang’a, where he led MPs and councilors to drum up support for the draft constitution and to inspect development projects.

“No window, when dealing with the constitution, can be closed…There is still space for dialogue and the Cabinet and the government leadership are all willing to get consensus,” said the VP.

“No country can close dialogue and make progress,” he added.
His position appears to contradict the Cabinet decision communicated via a statement from the Presidential Press Service after the three-hour meeting on Tuesday.

“The Cabinet concluded that it was practically impossible at this stage to amend the Constitution of Kenya or Constitution Review Act in order to accommodate concerns expressed by Christian church leaders and others,” said the PPS statement.

Declare opposition

He spoke a day after the Anglican Church joined the Catholics and churches under the National Council of Churches of Kenya in declaring their opposition to the church.
Mr. Musyoka spoke of his belief that it is possible to convince MPs to pass into law an act that would expressly ban abortion with the removal of the clause the churches’ leaders object to.

The Church objects to the section of Article 26, which empowers doctors to end a pregnancy only if it endangers the woman’s life or she needs emergency treatment. The section reads:

“Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other law.”

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