ON TRACK

Negotiations between the Kenya Government and the Church over the draft constitution are back on track after the former named its team to resolve contentious issues with religious leaders.

Justice minister Mutula Kilonzo announced that the government had named a ten-member committee to discuss the contentious clauses in the draft constitution with a team picked by the church leaders.

“We have named our team of ten to resolve the contentious clauses with the church leaders and I have called a meeting on Monday to look at the issues and resolve them in an amicable manner,” Mr Kilonzo told journalists Tuesday.

According to the Justice minister, the government team will comprise Cabinet ministers: James Orengo, Dr Sally Kosgey, Moses Wetangula, Mohammed Elmi, Beth Mugo, Attorney General Amos Wako, himself and three other colleagues whose names he could not immediately ascertain.

Religious leaders had started raising concerns after the government delayed in naming their representatives to the talks.

The National Council of Churches of Kenya (NCCK) General Secretary Canon Peter Karanja had complained that religious leaders were yet to receive any communication from the government regarding its team to the talks or when negotiations would start.

“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 said last week.

The delay by the government to pick its team was said to have been informed by demands from the religious leaders that only politicians and not technocrats sit in the team.

The Church had earlier named their four members to the talks following a meeting between senior religious leaders and top government officials led by President Kibaki and Prime Minister Raila Odinga early this month.

Mr Kilonzo said the government had received a request from the churches to name six more members to its team in order to match the government’s ten representatives.

“We have no problem with that,” Mr Kilonzo stated.

It was not immediately possible to establish the identities of those representing the Church in the talks even though Mr Kilonzo said they were top religious leaders.

“We could have expected them to pick technocrats such as lawyers who are available to them from NCCK and other religious bodies but they have gone for the opinion shapers, I believe we will have to still attach technocrats to the team at some point,” he said.

The team is 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 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.

Canon Karanja has maintained that the Church would ask Christians to reject the proposed constitution if its grievances were not addressed.