DRAFT LATEST

Attorney General is ready to publish the Proposed Constitution this week but is holding off to give time for voter registration.

Meanwhile, Church leaders have picked negotiators to deal with the State on contentious clauses, with a rider their demands stand.

Mr Amos Wako, sources familiar with the two new challenges to review process revealed, is held back by the fact that if he acts today the ongoing national voter registration exercise will have to be cut short.

News of Wako’s dilemma came as it emerged little progress has been recorded following last week’s meeting between President Kibaki and Prime minister Raila Odinga with Church leaders over the abortion clause and Kadhis’ Courts.

It also emerged today Deputy Finance minister Uhuru Kenyatta will be asking for Parliamentary approval for his Supplementary Budget, which includes Sh9 billion for a referendum.

Justice minister Mutula Kilonzo said though the Government’s team was ready for the talks, the Church had not forwarded its team as agreed at the high-profiled talks.

"The Church leaders have not given us their names. The Government team is ready and waiting," he added. However, the Church groups had already their list sent to newsrooms.

Signs the Church-State deal could be dead in the water came out of a press statement by Church leaders admonishing the media and Government for fanning what it perceived as a perception the draft is past amendment stage and the ‘Yes’ vote already has an upper hand.

The religious groups, which include the Catholic and Protestant churches, demanded, "the Government immediately retracts the sentiments expressed over the weekend which misrepresented the position of the Church." It also asked countered the positive brief to the media by State officials at talks, warning Government representatives to "refrain from strategically and prematurely leaking to the media details of proceedings in these negotiations without approval of the other participants.

"The Church has held the view that, in the interest of national cohesion and integration, it is wise and prudent to make amendments. There are legal options available which we have already outlined,’’ said the group calling itself Kenya Christian Church Leaders.

Fifteen days

The clerics said "the organs of review have ignored and arrogantly brushed aside these cardinal issues in the past, We welcome this opportunity to engage the (Consensus Building) Committee formed by the President since it is a process that can be redemptive. Our participation is however predicated on the following assumptions:

"One, that the discussions are aimed at reaching a consensus BEFORE the referendum and, Two, that the discussions are concluded within a period of 15 days", their statement read in part.

According to the Constitution of Kenya Review Act, when the AG publishes the Bill, Interim Independent Electoral Commission will have seven days within which to come up with the question for a referendum and then another 14 days for civic education, after which voter registration ends. By Tuesday IIEC had only registered 27 per cent of the 15 million voters it projects to net.

On Monday it kicked off electronic voter registration exercise in 18 constituencies set aside for the pilot programme. The national programme is scheduled to end on May 5.

It does not matter that Wako has 30 days, counting from when he received the draft on April 7, to publish the Bill. He has been under pressure to do so before the statutory period to stem harm by politicians exploiting misinformation and propaganda.

Consequently, sources within the AG Chambers revealed, the Government’s Chief Legal Advisor will today meet personalities whose offices are playing leading role in the race to the referendum. They are Committee of Experts Chairman Nzamba Kitonga, Parliamentary Select Committee Chairman Abdikadir Mohammed and Mutula.

The Church leaders went on: "The continued attempts by some politicians and the media to demean and demonise the Church for taking its democratic position to vote ‘No’ on account of the violation of the rights of Christians and other faiths in the draft."

They also announced they would be represented in the talks with Government by: Bishop Dr Phillip Sulumeti (Kenya Episcopal Conference), Rev Dr Charles Kibicho (Chairman, National Council of Churches of Kenya), Bishop David Oginde (Christ Is The Answer Ministries), Reverend (Dr) Willy Mutiso (General Secretary, Evangelical Alliance of Kenya) and Bishop (Dr) Gerry Kibarabara (Gospel Assemblies of Kenya). It is believed Lands minister James Orengo, Mutula, Wako and two other officials, will represent the State.

The clergymen declared their decision to marshal votes against the draft stood unless a consensus was reached with the government before the referendum.

"For avoidance of doubt, we here state that if the cardinal issues raised by the Church are not addressed before the referendum, our members remain mobilised to vote ‘No’," they said.

The Church leaders asked Kibaki and Raila to mandate the committee to ‘seek and propose solutions’ to the issues it has raised. Reference they said should be on: Separation of State and religion; removal of exemption from the Bill of Rights on the basis of religion or any other basis; protection of the right to life of all persons, whether born or unborn; removal of Kadhis’ Courts from the constitution; and pursuit of consensus over other contentious issues.

The dark clouds swirled over the proposed constitution as Raila declared it was 99.9 per cent good and should be supported by all. "I can tell you the President and Prime Minister wanted a meeting with the Church leaders this week but since the committee has not met because the Church leaders have not given us their team it is unlikely that that meeting will take place," said Mutula earlier.

Episcopal Conference

The Catholic and Anglican bishops meet separately today to strategise. The Catholic Bishops meet for their annual plenary meeting in Nakuru. Anglican Archbishop Dr Eliud Wabukhala initially supported the document but stated his bishops would meet to give their position this week.

The evangelical group led by Jesus is Alive Ministries’ Bishop Margaret Wanjiru said: "We are not going to engage in PR (public relations) with the Government any more. This is not the time to form committees. Any Christian who wears a collar and is truly saved must vote ‘No’. Many of these leaders with collars are hypocrites."