Green vs Red is Obama's new headache

Kenya’s quest for a new constitution has stirred American politics yet again, with 42 congressmen stopping short of calling on Kenyans to endorse the proposed law in next week’s vote.

The 42, who are members of the Congressional Black Caucus, allied to US President Barack Obama, criticised their colleagues and non-governmental activists who have sided with the ‘No’ camp.

In a statement released on Wednesday, the congressmen described the involvement of foreign organisations and American lawmakers in the referendum campaigns in Kenya as “shameful” and “harmful”.

“We, as members of the Congressional Black Caucus, strongly support the people of Kenya in their efforts to maintain peace and promote democracy,” the group declared. “The referendum on a new constitution is an important measure in meeting these objectives.”

“Unfortunately,’’ the statement added, ‘‘there have been foreign organisations and individuals who have engaged in a shameful and harmful campaign to derail the constitutional reform process,” the African-American contingent declared.

It says the critics had misconstrued both the nature of the Obama Administration’s support for constitutional reform and the content of the draft constitution.

Kenya’s profile in the US has risen since Mr Obama, whose father was Kenyan, became president. Mr Obama’s conservative critics have accused him of using American tax payers’ money to finance the ‘Yes’ campaign. Some of them have responded by working to frustrate the passage of the new laws.

Pro-life groups’ funds

The Black Caucus specifically attacked “American pro-life groups [who] have financed several Kenyan churches to defeat the proposed constitution because of a provision on abortion.”

The US pro-life groups, the congressmen charged in a statement, were behind the push to include a clause on abortion in the proposed constitution and were now financing churches opposed to the new laws.

“These foreign elements deliberately misrepresent what is in the constitution in the hope of galvanising an anti-abortion movement across East Africa,” the statement adds. “The draft constitution simply does not authorise abortion on-demand, and to state otherwise is misleading.”

“It should be clear that the constitution was written by Kenyans and for Kenyans. Parties to the drafting process have carefully weighed in to ensure that the constitution, among other provisions, balances right to life, respect for existing laws and programmes, and consideration of environment.”

The Black Caucus was responding to claims by three Republican congressmen who have accused President Obama’s administration of spending at least Sh1.8 billion to support the ‘Yes’ side.

Congressman Chris Smith has been behind a campaign to question the use of US taxpayers money on the Kenyan constitution stating that even though Washington had pledged to give $2 million (Sh160 million) to support civic education, the figure had risen to $23 million (Sh1.8 billion).

“There is no doubt that the Obama Administration is funding the ‘Yes’ campaign in Kenya,” he said. “By funding NGOs backing the ‘Yes’ votes, the administration has crossed the line,” he said. “Directly supporting efforts to register ‘Yes’ voters and ‘get out the Yes vote’ means the US Government is running a political campaign in Kenya. US taxes should not be used to support one side,” he added.

Congressman Smith provided a list of organisations that had benefited from the money channelled through the United States Agency for International Development (USAid). Vice-President Joe Biden and the US embassy in Nairobi have refuted the claims.

The Black Caucus also criticised US anti-abortion NGOs that have admitted channelling money through churches to defeat the proposed constitution on grounds that it allows abortion.

Even though the proposed constitution declares abortion illegal, it gives a window to “trained health professionals” to procure an abortion should the mother’s life be in danger.

Donations to defeat draft

Three weeks ago, an American-based group told the Sunday Nation that it was working through its office in Nairobi to tell Kenyans that the proposed constitution would allow abortion on demand.

Mr Jordan Sekulow of the American Centre for Law and Justice, said the organisation had donated tens of thousands of dollars to help defeat the draft.

The centre is a non-governmental public interest law firm founded in 1990 by controversial televangelist Pat Robertson, well-known in Kenya for his programmes on the Christian Broadcasting Network.