MOTHER OF ALL BATTLES

The ongoing consensus talks on the draft constitution between the government and Churches finally collapsed following the Cabinet's decision to rule out any amendments.

The Church and the State are now bracing themselves for grueling campaigns that may see the proposed draft constitution approved or rejected at the referendum. One senior Church minister said the campaigns would be the "mother of all battles," pitting the two institutions over the draft constitution. "The dice is now cast and all sides are ready for the grueling battle. If the government thinks it has the people's support, let's wait and meet at the referendum," said the clergyman.

The religious leaders maintained the draft constitution had failed to address concerns raised by the Church, particularly on the contentious issues of abortion and Kadhi's courts and as a result, they would rally their followers to reject it. The Churches’ declaration officially sounded a death knell to the consensus talks between the Church and State in an attempt to seek common ground on the two divisive issues. The eight-member team comprising representatives from the two sides met for the fourth time yesterday at Harambee House but failed to reach a deal. Both sides stuck to their respective positions with the Church maintaining the draft be amended before the referendum while the State insisted that the constitution review process was irreversible and any amendments will only be made after the document is passed at the referendum.

Bishop Philip Sulumeti of Kakamega Catholic Diocese told reporters that the Church would not compromise on the issues of right to life, freedom of religion and equality in regard to Kadhi's courts and would therefore campaign for the rejection of the draft. However, Justice and Constitutional Affairs minister Mutula Kilonzo said the demands by the Church were impossible to be met since it would require the support of two-thirds majority of MPs to amend the Review Act. Mutula who ruled out any amendments to the draft until after the referendum said the Church representatives at the meeting refused to accept the government’s offer to have the constitution amended after its passage in the plebiscite. The minister did not rule out further talks with the Church, saying he would seek to facilitate another meeting with the two grand coalition principals once the President jets back from his trip to China to try to reach consensus.

Earlier, at a separate press conference, Church leaders rubbished the consensus-building talks saying they would amount to nothing as the opportunity to hammer a deal on the main issues of contention had been lost, which would have facilitated a non-contested referendum. "We advise all Kenyans to vote against this draft constitution at the referendum since the Cabinet has closed the door that would have cost nobody anything," the leaders drawn from the National Council of Churches of Kenya (NCCK), Anglican Church, Methodist, Presbyterian Church of East Africa, Evangelical Alliance of Kenya and Kenya Assemblies of God among others said. They differed with the Cabinet's declaration that the review process had reached a stage where no amendments could be made on the draft until after the referendum.

During Tuesday's Cabinet meeting, President Kibaki and Prime Minister Raila Odinga ruled out any further talks with the Church over the two issues maintaining that the Constitution Review Act has no room for such. The Cabinet, however, agreed to continue consulting the Church leaders with a proposal that the contentious issues raised by them, abortion and Kadhi's courts, be solved through an Act of parliament. But addressing the press at Ufungamano House, the Church leaders dismissed this option saying they would instead direct their energies on educating Kenyans on the implications of the cardinal issues and campaign for the draft's rejection. "Having participated in three meetings with the government, we note with sadness that the greatest hindrance to a resolution of the contentious issue is not legal technicalities but rather lack of political will," said Rev Dr Willy Mutiso of the Evangelical Alliance of Kenya.

"The draft constitution that is currently awaiting publication therefore faces a blanket rejection by Christians at the referendum," NCCK General Secretary Canon Peter Karanja said. Karanja said the Cabinet's position that there was no room for amendments on the draft was a lie insisting that Parliament had the capacity to do so. The clerics argue the principle of separation of state and religion and that of equal treatment of all religions has been removed from the constitution as well as the right to determine employment on the basis of one's religion, which they said, has been compromised.