Courtesy- | NATION The Church is questioning the family credentials of the proposed heads of the Judiciary.
By SAMWEL KUMBA and MUCHIRI KARANJA
Posted Friday, May 27 2011 at 22:00
Posted Friday, May 27 2011 at 22:00
In Summary
- Supreme Court rulings will shape the future of the Kenyan family, decide the right to abortion and define right from wrong
The church fears that homosexuality, divorce and abortion may be promoted under the top judicial nominees of Dr Willy Mutunga and Nancy Baraza.
In candid interviews, top clergy told the Saturday Nation the pair was not the safest hands to lead the Judiciary given their liberal stand on issues the church considers controversial.
Canon Peter Karanja, the general-secretary of the National Counciul of Churches of Kenya, said the nomination was a slap in the face given their opposition to the Proposed Constitution at the referendum and the Princpals’ promise to accommodate their views after promulgation of the new law.
“We are concerned that the proposed Chief Justice and Deputy Chief Justice have not indicated a commitment to the protection of family values and the right to life. Their appointment could lead to the constitutionalisation of immorality and murder of babies,” warned Canon Karanja.
Fr Vincent Wambugu, the secretary general of the Catholic Secretariat, said the appointment was a reflection of the moral crisis caused by the new Constitution.
Fr Wambugu said the church opposed the new law because some sections were undermining the basics of the family and the fidelity of life.
He said they expected to lobby for change through all legal means, including judicial interpretation of cluases they consider contentious.
But Dr Mutunga’s and Ms Baraza’s perceived liberal views and the near-unanimous support the nomination has enjoyed among the top politicians have dashed any hopes of the church getting one of its favourite to head the courts.
This has inevitably triggered the latest round of complaints on the Constitution, after a lull of almost five months.
In other words, the church fears it has lost allies on the political front, and it doesn’t want to be alienated by a Judiciary that is not sympathetic to its conservative values.
“Certain clauses could be interpreted in any way. These include issues to do with the family as well as reproductive health,” says Fr Wambugu.
Some are also reading trouble in the marrital status of the nominees, both of whom are single. Dr Mutunga has filed for a divorce from his second wife, and the Catholics are not amused since their religion does not allow for divorce.
“Kenya is made up of families. So if you break a family, what else are you working for? How can we separate a family from a public office? In the public office there is moral duty to be an example. This includes being a family role model. It is not optional,” said the priest.
Besides this, the nominees are among the few prominent Kenyans who have publicly expressed support for adults to enjoy their reproductive rights without fear.
Dr Mutunga helped register a lobby for gays and lesbians, while Ms Baraza is researching same sex relations for her doctorate degree.
Sex education
In a 2003 interview with AFP on same sex and religion, Dr Mutunga said the church was compounding the problem by insisting on doctrines that could only encourage the spread of Aids and other diseases.
“I think the influence of religion in this country is very harmful. They don’t allow proper sex education in school; don’t allow condoms in a country with HIV/Aids. That kind of rubbish makes me very mad,” he said.
Already, a statement from a group calling itself professional Christians dated May 15, 2011 has declared Dr Mutunga’s moral views on life, family and religion of concern.
Anti-life organisation
The group has since written to Parliament seeking audience with a committee that would be vetting the nominees.
The memorandum dated May 20 says Dr Mutunga has previously worked for Ford Foundation which the group identifies as a big donor to anti-life organisations worldwide.
Recipients of such funds are identified as International Planned Parenthood Federation, International Women’s Health Coalition, Planned Parenthood Federation of America, Sexuality Information and Education Council of the United States.
Similarly, the group says, Nancy Baraza’s academic writings show support for liberal moral views like gay rights that are contrary to Kenya’s legal and constitutional framework.
The Judicial Service Commission is also yet to receive an explanation from the Kenya Revenue Authority to explain why Dr Mutunga’s name is not among tax complaint Kenyans. The Authority normally gives tax clearance to all that express interest in public offices.
If you ask Fr Vincent Wambugu, the Secretary General of the Catholic Secretariat, he will tell you that the moral fabric of the society is undermined by the new constitution.
That is why, he would say, the Church said No to the new constitution from the beginning. Today, the Church says its position on the New Constitution has not changed. While most of the Constitution is good, the Church insists, there are flaws.
“The flaws,” says Bishop Maurice Crowley of Kitale Diocese, “we were promised would be addressed after the referendum. We did not believe that. It’s nearly one year later, who told the truth?”
This is where it all begins. Indeed, religious scholars reached out by Saturday Nation attests to this view point. The constitution, according to the Church, is too liberal and is not specific on certain values.
In an earlier statement read by John Cardinal Njue, Catholic Bishops said that excessive emphasis on academic excellence and radical reformism is not sufficient. Rather, they insisted, justice fundamentally involves moral order.
Fr Wambugu, who remained clear that the Church did not wish to discuss the proposed individuals, put it into perspective arguing that one cannot say that despite being a thief, he/she could still hold a public office because of academic credentials.
“Your attitude to society would definitely affect your judgments of a number of issues. If we go for liberalisation you can have a family interpreted as man marrying another man. That is why we demanded on specificity during the constitution review,” Fr Wambugu said.
The priest termed it the role of the church to remind the people on the principals and morals natural laws. He has the view that natural law, just like a country’s national law, contains moral order of society.
According to him the image of an office is not about individuals. He cites that as the reason to interrogate the office’s bearer’s moral aspect.
“Nobody can take that role away from the Church. We shall come in and say what is right from wrong because we do not know what somebody else could to start doing tomorrow,” he told Saturday Nation in an interview.
It is for that reason, he says, the Church expects judicial officers to be probed on how they have made personal choices based on values broadly held across the country.
The Rev Peter Karanja, the Secretary General to the National Council of Churches of Kenya said that that Christians, like other Kenyans, need to be satisfied about the personality of the people to head the judiciary.
“The kind of satisfaction the church is looking for is both competency and morality. The offices under consideration belong to the executives and not mere participants in the judiciary. Their responsibility is to assure the public that arising matters would be considered on a value basis,” said the Rev Karanja.
He argues that when individuals make choices in their own lives they are completely free to do so but once they decide to run for a public office, they have to be probed.
“Ordinarily, the church would not be so much concerned with personalities that lead their lives in a way that does not really mirror the church’s values.
‘‘They can only advice. That is why, even now, the Church does not want to be engaged be in a never ending debate about personalities,” said Canon Karanja.
He remained clear that it is not about getting their views to be followed but just like they did during the referendum, they state what is right from good for the public to choose.
“We don’t want to create emotions around personalities. The appointing authorities must research on these personalities and that must not necessarily be conducted in public media,” he said.
A section of Muslims seem to only have an issue with Dr Mutunga’s stud and not why he wears it. They told Saturday Nation that they would send a team from among themselves to go and urge him to remove his now controversial ear stud.
The Muslim Human Rights Commission acting director, Farouk Machanje said that while the organization supports his appointment, they would hold private discussions with him to convince him that the ear stud was against the Muslim faith.
“Our religion clearly states that a man should not wear women costumes, or a woman wear male costumes, we will be holding private talks with him on this subject,” said Mr Machanje.
Asked whether the group would change their stand in supporting Dr Mutunga if he does not heed to their advice, the Muslim Human Rights Forum boss said he was optimistic that the nominee Chief Justice would bulge.
But his counterpart in the Council of Imams and Preachers of Kenya says the group would support him with or without the ear stud.
Nominated MP Sheikh Mohamed Dor who is the council’s secretary-general, however said, ear studs should not be used as a mark of one’s religious believes.
Prof Jesse Mugambi Ndwiga reckons that Kenya has a “secular” constitution which recognizes and appreciates the constructive role of religion in society.
This constructive role, he said, is manifested in the many institutional and service investments dating from colonial times, including schools, hospitals universities and retreat centers and community development facilities.
“Leaders of the various religious bodies have reason to be concerned (on behalf of the adherents they lead) about the dispensation of justice under the new constitutional order, said Prof Ndwiga.
It is not biblical
However, Prof Gilbert Ogutu, a Philosophy and Religious Studies professor at the University of Nairobi said he did not expect the Church to behave differently given its position on the Constitution.
To me some of the issues they are raising, they would have raised them regardless of who was proposed to be the CJ.
“What they are doing, in my opinion, is not biblical. Cardinal Njue is the father of everybody, not just the Catholic Church and according to moral theology, what he saying should be explained and supported by the Bible,” said Prof Ogutu.
He gave the example of the ear stud debate saying it is unfortunate that people are insinuating something else to the point that some are asking details about the sex of the proposed CJ.
“That to me is a weird kind of moral inquiry. I hope that is not what the Church too is asking as that would be to insinuate guilt.
‘‘If they have moral issues, let them get hold of the Bible, Constitution and Church tradition and show us clearly their arguments. They should not make sweeping statements,” he said.
Since a Cardinal is a potential Pope, adds Prof Ogutu, he cannot just issue statements that would amount to stepping on the flocks’ toes.
The Bible and moral issues
He must demonstrate what he says, argued the religious and philosophy do.He takes issue with integrity, family and morality that the church says should be probed on the proposed officials arguing that such should not arise.
“Things which make people disagree with their partners in a family are very domestic. I don’t know Dr Mutunga’s background though we were with him here at the university, but let me use him just as an example. Supposing he was a son of a prostitute, would that make him immoral,” he asked.
Prof Ogutu adds that the Church leaders should show light.
“That is why I insist that they must demonstrate to us what they are saying not just making sweeping statements. We respect that. Their word should be impeccable,” he said.
Prof Ogutu says that a CJ is a very senior position in as far as judicial decision making is concerned.
However, he adds that Dr Mutunga is not going to be the first or the last CJ.
“It is only that the constitution, just like they claim is liberal, accommodates all manner of ideas and people. That is the constitution we wanted. Let the Church help us by praying for Kenya,” he said.
He appeals to the Church leaders to let the judicial officers assume office and as they work, they could be engaged on areas they are not working well.
On issues of sex, Prof Ogutu terms it a personal matter.
“How many men want sex through the mouth of women? Is that moral? Is that natural? They all do it in private. I don’t like men marrying men. What I don’t like about is because I have never understood who between them is a woman. And for one that becomes a woman what happens of his male organs? To me that is being stupid and silly. But just that the two enjoy themselves that way is none of my business,” he said.
He equates to a situation where people fall in love with ugly women and that has never been anybody’s business.
“Take note, however, that unless one declares himself gay, it is wrong to insinuate so,” he said.
So, why should the church leaders fear? Prof Ogutu said that the church leaders can only fear if they want to lead the country in future.
Posts
Thanks for one's marvelous posting! I definitely enjoyed reading it, you may be a great author. I will always bookmark your blog and may come back down the road. I want to encourage continue your great job, have a nice evening!
ReplyDeleteMy webpage ... africanmangoplusguide.com