4 MEMBERS

The Government has not yet assembled its four member team to represent it in the talks.

A top official at the Office of the President attached to the talks said the delay was because the Government is still picking its four representatives to the team.

The official, who requested not to be named because he is not allowed to speak on behalf of the government, explained that the delay arose after the religious leaders insisted that its negotiators would only deal with government officials and not technocrats.

This forced the Government side to reshuffle its initial team and start shopping around for government officials to sit in the team.

Sources close to the discussion revealed that there was also disquiet within government over remarks attributed to Justice Minister Mutula Kilonzo, asking churches to support the proposed constitution at the referendum and propose amendments later.

“Some of his colleagues who had attended the meeting with the two principles were not very happy with what the minister said. They see this as the issue that has also made the churches to go out radically disowning that committee,” a source who could not be named because he is not the spokesman for the government said.

The National Council of Churches of Kenya (NCCK) General Secretary Canon Peter Karanja confirmed that religious leaders were yet to receive any communication from the government regarding when the team would meet.

“Yes, the Church met and we gave our names. The Government was expected to pick its team also. We have not received any communication that any meeting has been held ever,” Rev Karanja told Nation on telephone.

The eight member team, bringing together four representatives from the churches and the government, was formed after president Kibaki, Prime Minister Raila Odinga and Mr Musyoka held five hour talks with senior religious leaders with a view to persuading them not to push for the rejection of the draft constitution at the referendum.

The team of eight was expected to sift through what the church holds as contentious issues with a view to resolving them through amendments to the proposed constitution before it is subjected to the national referendum.

Christian leaders have vowed to campaign against the draft at the referendum to protest against clauses on abortion and Kadhi’s courts.

They have vowed to fight it because of its provisions on abortion and Kadhis’ Courts.

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.”

Christian leaders are also opposed to the retention of kadhis’ courts in the proposed Constitution under Article 169 and 170, which limit their authority to disputes over personal status, marriage, divorce or inheritance, where all the parties are Muslims and agree to take the case to a Kadhi.