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Thursday, May 20, 2010

RIFT IN THE VALLEY

Rift Valley leaders have urged their constituents to back the proposed Constitution saying they have been misled into opposing the document.

The leaders, who included 15 ministers and nine MPs, said there is a deliberate effort by the ‘No’ team to distort the contents of the proposed document.

“We want to urge the people of Rift Valley and all Kenyans to vote ‘Yes” because it is right thing to do. We cannot afford to throw the baby with the bathwater,” said a statement read on their behalf by Roads minister Franklin Bett said at Kivi Milimani Hotel in Nairobi Thursday .

“We really urge Kenyans-go and read for yourself. Those of us who have read the document recommend it and say Yes,” the leaders said.

Ambitious strategy

They declared that they were ready to roll out an ambitious strategy that will ‘correct’ serious ‘distortions’ in the new law.

“We have a strategy and we shall go out as leaders and professionals to preach and explain to the people why this is a good document and the gains that it carries,” said Agriculture minister Dr Sally Kosgei, a member of the 'Yes' team.

The team said it will conduct a massive civic education programme to "clean up the distortions".

“We ask our people to trust us. Why would we mislead them, it doesn’t really add up and the issue is we know what we are preaching is true,” Dr Kosgei said.

“Let us deal with the draft and leave out extraneous issues.”

Urging the people of Rift Valley to read the proposed Constitution and attend civic education forums, the 'Yes' team from the region said it was concerned about ‘distortions and misleading statements’ on certain sections of the document.

“The tasks ahead are enormous but we know Kenyans and their leaders are equal to the challenge,” said the statement.

The leaders argued that the proposed Constitution was among many reforms promised to Kenyans to give stability, hope and reconciliation.

Sensationalised

They said provisions on land in the proposed Constitution had been over-sensationalised and utterly distorted.

“On the contrary these provisions fortify and protect land rights and other property rights as is clearly set out under Article 40.”

The Article, said the team, protects national interest of the citizens than ever before.

“The provisions under Article 60-68 are very pragmatic and makes land a valued resource in terms of sustainability, productivity and efficient use of the said resource. Land in Kenya shall henceforth be a valued investment that shall be used to boost food security and other viable economic activities,” the team stated.

To the Clergy, the leaders who included professionals and elders said there was need to balance religious values and the law.

“We appreciate what the Church is saying on life, but Article 26 (4) carries a narrow and restrictive standard strengthening the barring of abortion. In fact in a nutshell, it is very stringent and we should accept that the province of interpretation of the said Article should be left to the Judiciary,” they stated.

On kadhis' courts, they argued that the reasons advanced against the institution do not pass the rest required under Article 24 (1) (d) on the need to ensure that the enjoyment of fundamental rights by any religious group does not prejudice the rights and freedoms of others.

“The Church has not shown that the role of the kadhis' court will be detrimental to other religions.”

The leaders argued that the freedom of conscience, religion, belief, and opinion are fortified ad highly protected under Article 32 of the proposed Constitution and hence the fear by the Church and other opponents of the Courts are unfounded.

“Kadhis' court is established as a subordinate court and not as a religious temple. It is akin to a customary law institution for Muslims and exists in the current Constitution and by statute,” the team said.

The leaders said scores of legal and administrative reforms are being undertaken simultaneously by the Coalition Government.

“We believe that the proposed Constitution is just one among many of the reforms that the Coalition Government promised to undertake to bring back stability and hope to our nation and people,”

Many other laws shall be enacted after the promulgation of the proposed Constitution in implementation of a plethora of reforms envisaged, they said.

In attendance were ministers: Mr Bett, Henry Kosgey (Industrialisation), Prof Hellen Sambili (Youth and Sports) and Dr Sally Kosgei (Agriculture).

Assistant ministers present were: Beatrice Kones (Home Affairs), Magerer Langat (Energy), William Cheptumo (Justice, National Cohesion and Constitutional Affairs), Asman Kamama (Higher Education, Science and Technology) and Josephat Nanok (Forestry and Wildlife).

MPs Julius Murgor, Wilson Letole and Musa Sirma were also present.

Ministers: William Ole Ntimama (National Heritage and Culture), Prof George Saitoti (Provincial Administration and National Security), John Munyes (Labour) and assistant ministers: Katoo Ole Metito (Regional Development Authorities), Joseph Nkaissery (Defence) and Simeon Lesrima (Provincial Administration and National Security) also signed the statement.

MPs: Dr Joyce Laboso, Prof Margaret Kamar, Ekwe Ethuro, Nkoidila Ole Lankas, Gideon Konchella, Francis Letimalo were also party to the statement.

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