Amendments: Church demands speedy changes

By Beauttah Omanga


The Catholic Church and umbrella body for protestant churches want the new Constitution opened up for amendments to address their grievances.

The leaders who opposed it at the referendum and lost led by Higher Education Minister William Ruto have made it clear they expect the country to renegotiate the contentious issues as soon as possible. "As democrats we will accept the verdict of Kenyans. Since the country has decided that amendments be conducted later, we are now proposing as the ‘No’ team that immediate consultations start on both sides," Mr Ruto said on August 5, as he conceded defeat.

Yesterday, the National Council of Churches of Kenya threatened to force amendments through the avenues provided by the new Constitution if President Kibaki and Prime Minister Raila Odinga ‘renege’ on their pre-referendum promises to begin discussions on amendments.

Raila issued a statement conveying the State’s willingness to unite those who supported and opposed the new Constitution at the referendum behind the implementation.

He called on Kenyans to support the new Constitution regardless of how they voted and appealed to the international community to help the country where need arises during implementation.

"The work of reconstructing this country has to begin now and it will require a bipartisan approach. We will not rebuild or accomplish anything if we faced the future as ODM or PNU," the PM said, in recognition of the need to build bridges after the divisive referendum. His statement was, however, silent on calls for amendments or his pledge with Kibaki that the new laws would be reviewed once endorsed by Kenyans at referendum because they, too, conceded there were provisions they were unhappy with.

But while describing the passage of the new Constitution as a milestone mid-term achievement for the Grand Coalition, the PM said he and the President have agreed to prioritise creation of national harmony.

The Church’s demands have, however, set the stage for a fresh amendment debate and raised questions on whether it is indeed possible to change the new laws before the pillars on which they stand on are fortified.

Going by the provisions it sets out for amendments, for example, it may not be possible until after 2012 General Election because any change would have to go through the anticipated county assemblies and Senate.

The new Constitution provides for citizen’s amendment through county assemblies, Senate and finally a referendum. Alternatively, Parliament can initiate amendments through over two-thirds majority in both National Assembly and Senate — both at the second and third reading.

Vvoice of 2.7 million people

Chapter 16, Clause 255 of the new Constitution defines how these amendments can be initiated and concluded.

The Church’s argument is that focus should not be on who won, but also the voice of the 2.7 million Kenyans who voted against it should be heard. The number, it argued, was "too high to be ignored".

"While we accept the majority carried the day, we are ready to play a role in the implementation of the new Constitution, but the two principals should first keep good their promise to initiate changes while pushing for the approval of the Proposed Constitution," said NCCK Secretary General, Canon Peter Karanja.

He went on: "The two leaders crisscrossed the country promising contentious issues were to be addressed after the passage of the document. They made the pledges without any duress and being leaders, they should walk the talk. Thousands of Kenyans changed their minds to vote ‘Yes’ because of the promise," said Karanja.

But Justice Minister, Mutula Kilonzo, fought the demands by NCCK arguing they were irrelevant in the face of the new Constitution’s amendment rules and procedures.

"I don’t agree with them. The new Constitution was approved by 69 per cent of Kenyans who voted. The President and Prime Minister have only one vote each. Both are not mentioned as originators of future amendments. The NCCK should read and understand the new Constitution," said Mutula.

He argued it was unrealistic for the churches to expect the President and PM to breach amendment procedures as spelt out in the new Constitution.

Contravening the law

Gichugu MP, Martha Karua, argued it was important for Kenyans to support implementation, adding: "There are structures for going through contentious issues and anybody continuing to oppose the new law is contravening the law."

Ikolomani MP, Bony Khalwale, challenged NCCK to look for the requisite number of MPs to push the amendments it wants in line with the laws. "NCCK should stop bothering the President and PM but educate themselves on procedures," Dr Khalwale added,

"The campaign season is over. We are now channeling national energies towards civic education on the new Constitution, implementation, and operationalisation of its provisions. The amendment of the contentious issues will and should be part of the implementation," said Karanja in a statement also signed by NCCK chairman, the Reverend Charles Kibicho.

But Konoin MP, Julius Kones, who was in ‘No’, said with the adoption of the new Constitution there were certain amendments that could be made immediately and others would wait until all the institutional frameworks are in place after the 2012 elections.

"The focus now should be on the framework for bringing the intended changes and not the actual amendments," said Dr Kones.

Addressing a press conference after a two-day consultative meeting of NCCK executive council at Limuru Conference Centre, the churches said they, too, have a stake as Kenyans on the implementation. "It will be dangerous to sideline 2.7 million Kenyans who voted against the Proposed Constitution,’’ warned Karanja.

But even as the churches took the amendment challenge to President Kibaki’s doorsteps, they said they were all ready to bury the past and join hands in rebuilding the country under the new Constitution.

— Additional Reporting: Ally Jamah