CATHOLICS SAY NO

The Catholic Church in Kenya has finally made a stand on the proposed draft constitution, rejecting it over the contentious issues of abortion and Kadhi courts.

The Church Friday said it would advise Kenyans to reject the draft constitution unless Article 26(4) on abortion is completely deleted.

Catholic Bishops who were meeting for their ordinary episcopal conference meeting in St. Mary's Pastoral Centre in Nakuru said since there is no sufficient time to achieve consensus on the contentious issues, the president should issue an executive order in agreement with the Prime Minister to delete the clause 4 of article 26 of the draft constitution which according to the church permits abortion.

The clause the Church is objecting to states: "Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment or the life or the health of the mother is in danger or permitted by any other written law."

The church now joins other Christian groups which have vowed to mobilize their followers to shoot down the draft constitution in the referendum unless the government withdraws the clauses on abortion and the Kadhi courts.

In statement titled "Stand up for Life," the clergy said the paragraph was ambiguous and leaves room for different intepretations.

The statement read by John Cardinal Njue who is also the chairman of the Kenya Episcopal conference said there was still ample time to resolve the contentious issues hence the argument put forward by certain politicians that the process has reached a point of no return does not hold.

The prelates said the church is expected to do all that is possible to defend the right to life of both the mother and the unborn child who is defenceless.

They said the unborn child and the mother have equal rights to life and the physician should always do all that is necessary to preserve both their lives.

According to the Bishops article 26(4) is a moral issues and not a political issues and challenged the two principals President Mwai Kibaki and Prime Minister Raila Odinga to provide the necessary leadership by ensuring that the contentious issues especially those concerning life are ironed out before the draft is put forward for referendum.

Equal Rights

On the Kadhi courts the Bishops said the draft constitution establishes the courts as part of the Kenyans judiciary hence giving one religion special treatment.

They said the issue on Kadhi courts should not be seen to be an issue between Christian versus Muslims but rather as a matter of equality for all before the state.

They observed that the Kadhi courts as they are in the current constitution is an anomaly which should not be allowed in the draft constitution. Adding that all people regardless of their faith, race or profession should be equal before the law.

They said the Kadhi courts can be addressed under Acts of parliament just like all other religious groups such as Hindus or Christians.

The Episcopal conference which is the supreme decision making body of the Church in Kenya said no group should be given special priveledge to negotiate to be treated differently by having their issues enshrined in the constitution noting that by doing so the constitution will be going against the fundamental principle of all are equal before the law.

The church leaders however, assured their faithful that they are still open to dialogue with the government with a view of ensuring that the country arrives at consensus on the draft constitution before it is put to a referendum later this year.