•Sunday, March 07, 2010
Kenya Christian Leaders Forum: No compromise on kadhi’s courts, life and marriage issues in the constitution
Why is a National Constitution important?
The Constitution of a nation is the most important governance document. It is the mother and father of all laws. Any law that is in conflict with the Constitution is null and void. It defines the people, their values and the nation and its destiny.
Kenya's current constitution was written in London with the help of the British colonialists, it is under review to correct past anomalies and ensure justice, fairness and equity for everyone.
Why are Christians against Kadhis Courts in the Draft Constitution?
Christians are against the inclusion of Kadhis Courts because it is an outright injustice to other religions. Kenya is a multi-religious society!
Christians' objections to the inclusion of Kadhi Courts were ignored by the government, the Constitution of Kenya Review Commission, the BOMAS gathering, the Committee of Experts and most recently the Parliamentary Select Committee.
Christians are left with no choice but to vote against the new Constitution unless the Courts are removed.
Are Christians against Muslims?
No. Christians are not against Muslims, They are against injustice and unfairness in the draft constitution perpetrated by the Government and the review organs.
Why didn't Christians request for Christian Courts?
Christians seek for a just society for all Kenyans, not only the rights of Christians. They advocated for an effective executive with an accountable President, an effective Parliament, an efficient judiciary, and respect for the rights and responsibilities that promote an equitable, just and moral values based society. The Constitution must set up a Judiciary that is good for all Kenyans.
How come Kadhis Court was not identified as a contentious issue by the Committee of experts?
Christians submitted thousands of memoranda to the Committee of Experts rejecting the inclusion of Kadhis courts in the constitution.
The Committee of Experts deliberately refused to identify Kadhi's Courts as a contentious issue, instead, the Committee of Experts that was supposed to be impartial, was partisan and openly campaigned for inclusion of Kadhis Courts in the constitution.
We now think it was deliberate because Muslims have dominated the Committee of Experts and the Parliamentary Select Committee.
Are there Christian MPs in Parliament who can speak for Christians the way Muslim MPs do?
There are Christian members of Parliament, but they have been silent. They have not stood for what is right and just. Church leaders are calling on Christian MPs to stand up and be counted, in future, we urge you as a citizen to vote for those people who will not sit by and watch as our country is sold out.
Meanwhile, Christians must organize themselves under the Lords guidance and speak the truth even if MPs fail us.
So what do Christians want?
It is not what Christians want but rather what Kenyans want. Kenyans want a constitution that defines how society is organized on the basis of justice, truth, fairness, effective checks and balances, and an effective bill of rights for all Kenyans.
With regard to religion, it should be one that provides for freedom of worship to people of all faiths under the Bill of Rights. The Constitution of Kenya must remain neutral with regard to religion, in order to offer equal protection to the people of all religions.
Why are Christians opposed to Kadhis courts yet they have not harmed anybody?
The fact that the Kadhi Courts did not harm non-Muslims does not mean it was right for them to be included in the Constitution. It was wrong and discriminatory against the people of other faiths from the beginning, Kenyans' patience since independence must not be taken for granted.
It is time to correct all wrong things. Muslims should by now be an integral part of the Kenyan community not requiring special treatment or protection!
The constitution must not divide the people along religious or other lines.
Kenyans want one nation, one land, one law that caters for all irrespective of religious affiliation. This is the practice in stable democracies around the world. We should not let a new constitution to perpetuate past injustices. Christ said: "And no one pours new wine into old wineskins. If he does, the wine will burst the skins, and both the wine and the wineskins will he ruined. No, he pours new wine into new wineskins"(Mark 2:22). Inclusion of Kadhis Courts in the new constitution is like pouring new wine into old wineskins, it will burst the skins.
Who qualifies to be a Kadhi?
A Kadhi is a Muslim judge or magistrate. While many claim that the Kadhi is a purely judicial officer who serves in a Kadhis Court, they in Kenya they perform religious functions. The Chief Kadhi declares the beginning of Ramadhan a major Muslim religious festival.
As an officer of government, it is discriminatory that, to be a Kadhi, one must profess the MUSLIM RELIGION. This means even if a Christian possesses knowledge of the MUSLIM LAW applicable to any SECTS OF MUSLIMS, he cannot serve as a Kadhi, meanwhile Muslims can preside over cases of non Muslims!
What law does Kadhis Court enforce?
Kadhis Courts enforce Islamic law commonly referred to as Sharia. Sharia is the Arabic word where our Kiswahili word Sheria is borrowed from. Sharia is the law system based on the the Koran, the Sunna, older Arabic law systems, parallel traditions, and the work of Muslim scholars over the two first centuries of Islam.
What are the implications of the inclusion of Kadhis Courts in the Constitution?
The inclusion of Islamic Sharia courts in the constitution divides Kenyans along religious lines, it would reinforce two classes of Kenyans, Muslims and the rest, Kenyans are seeking a constitution that unites.
Is the draft constitution Christian?
No. The draft Constitution is a collection of all just and fair laws from any source where they may be found. It draws from Judeo-Christian principles of equality, fairness, justice and equity does not make it Christian! These are values recognized by people from all religions, ethnic communities or professional backgrounds.
We as Kenyans do not want a Christian or Muslim or Hindu constitution. We want a Kenyan constitution made by all Kenyans for all Kenyans. Unfortunately, as it is now, the constitution appears to be Islamic! It mentions the word Muslim 6 times, and Kadhis 5 times. It does not mention the word Christian at all!
What have Christians proposed?
That the Constitution recognizes every Kenyans freedom of worship. That every Kenyan worships and submits to the religion they choose at their own cost and not government's cost. We appeal that all religious beliefs and practices be left to the Churches, Mosques and Temples where they belong.
Did Jomo Kenyatta agree with the Suitan to entrench Kadhis Court in the constitution?
No, Kenyatta undertook to the Sultan of Zanzibar to only preserve the jurisdiction of Kadhis courts. The Kadhi was to operate in the ten mile Coastal strip. While Section 66 of the current constitution provides that the Chief Kadhi and the Kadhis "shall each be empowered to hold a Kadhis court having jurisdiction within the former Protectorate or within such part of the former Protectorate as may he so prescribed", the government violated the constitution and established Kadhis Courts in areas which are outside the ten mite coastal strip like.
Christians filed a case in court to challenge this wanton violation of the constitution of Kenya.
If Christians succeed in rejecting the constitution during the referendum, will we not still have Kadhis Courts under the current Constitution anyway?
Christians are actively involved in this matter and will not stop at a No vote at the referendum. Christians filed a case in the High Court in 2004 to declare Kadhis Court unconstitutional. The hearing ended in February 2009. It is regrettable that time has lapsed and the High Court is yet to deliver the judgment. Christians will next sponsor a motion in Parliament to amend the current constitution, to delete section 66 which provides for Kadhis Court.
Should Kenyans reject the draft constitution just because it has Kadhis Courts?
Yes, if you had a soda with a small amount of poison, would you drink it? Let us not be deceived by people who either do not have the interest of Kenya at heart or are unable to see divisiveness of this issue, if they are serious and want us to accept the new constitution, let them delete all references to the Kadhis Court in the constitution.
Is it true that the Bill of Rights shall not apply to Muslims?
Yes. Muslims are the only Kenyans who are allowed to violate the Bill of Rights. Kenyans should not allow this to happen. Let every Kenyan be equal before the law of the land and particularly the Bill of Rights.
If Christians succeed in rejecting the Kadhis Court, will the Muslims unleash violence?
No. Christians and Kenyans in general should not allow themselves to be manipulated and intimidated by the threat of violence. Kenya is a democracy, Muslims must argue with ideas and the ballot box, not violence. In any case, it is hoped that Muslims in Kenya are peace loving and will respect the decision of Kenyans. The threat by some Muslim leaders to secede from Kenya is a matter that the security forces are able to handle.
What about abortion?
Abortion is the willful termination of a woman's pregnancy on the basis that it is unwanted. A woman may herself be under pressure because she desires to hide the fact or may be under pressure from other person(s) for the same reasons
When does life begin?
Life begins at Conception. All doctors who claim that life begins at birth are professionally untrustworthy, because the fetus in the mother's womb are usually alive. Whenever a fetus dies, it is always an emergency to operate and to remove it.
What do Pro-abortionists want?
Their interest is to make money from vulnerable women. In the course of the abortion process the life of the woman is endangered, their conscience and faith are trashed and they become guilty of murder.
What does God say about the life of the unborn?
The unborn babies are complete human beings created in the image of God. Any one who aborts them is a murderer. God called Jeremiah in the mother's womb (Jen 1:4-5). When Mary after she became pregnant met Elizabeth, John leaped in her womb to rejoice at Jesus, (Lk 1:41-44). God commanded that His people in the sixth commandment, "Thou shalt not kill".(Ex 20:13) Abortion is murder, the killing of the unborn innocents.
Does anti-abortion law hinder the practice of medicine?
No. The constitution allows a doctor, upon medical examination of a pregnant woman, to terminate a pregnancy if the life of the mother faces a medical condition that leads to the death of both mother and baby.
What about Marriage?
The Constitution must state that Marriage in Kenya is between two adults of the opposite sex. It must not allow any type of marriage which God calls an abomination. For us as Kenyans, let us pray that God blesses our men and women to form godiy and healthy marriages.
What can I do as a Kenyan?
As a citizen of this nation you must make your voice heard on these matters!
You also need to do the following:
- You must read and understand the draft Constitution personally
- Petition your Members of Parliament to delete all the sections referring to Kadhis Courts, or that introduce any unacceptable laws in the Constitution,
- Register yourself as a voter, and ensure all your friends register as voters. If Kadhis Courts, pro-abortion laws are included in the constitution ensure that all your friends and yourself vote NO at the referendum.
- Photocopy this paper and pass it to at least 10 more people in your area.
- Pray that God will defeat all the efforts of the people seeking to perpetrate an injustice against Christians and other religions by entrenching the Kadhis Court in the constitution.
Issued by Christian leaders from all Church Denominations, all Umbrella Organizations and all other Christian Organizations in Kenya, These include all Churches and organizations under the NCCK, the KEC, the EAK, the UCCK, FEICCK
Contact: info.kcl2010@gmail.com
Contact: info.kcl2010@gmail.com
10 comments:
Kadhi courts are in the current constitution
They have not harmed anyone and so will not harm anyone in future.
Kadhi courts will exist whether in the constitution or not. They are part of the Muslim observance.
Kenya has to honour Kenyatta's deal with the Sultan of Zanzibar.
Constitution has to protect the right of minorities like the Muslim
Please let me point out several injustices even in your own statement.
1....Kadhis Courts.....it is an outright injustice to other religions. Kenya is a multi-religious society!.Christians have two Holydays every week (Sat & Sun)while other religions go to work on their holy days e.g Friday.All tax payers are denied services in Govt offices during these days.
2.Christians........are against injustice and unfairness in the draft constitution perpetrated by the Government and the review organs.(end of quote).Kadhis court has been here for a long time,so what's fuss all about.Why sudden change of heart?Where were churches and christians ?Unless you tell me that the all Kenyans were Muslims,then miracously majority converted to Christianity.By the way was any christian affected by Kadhis court in any way ?
3.It is not what Christians want but rather what Kenyans want. Kenyans want a constitution that defines how society is organized on the basis of justice, truth, fairness, effective checks and balances, and an effective bill of rights for all Kenyans.(End of qoute).The writers made one serious flaw in their statement.They forgot that evens muslims are Kenyans,unless you treat us like aliens e.g.Kenyan Somalis I never heard Ugandan Luos or Tanzanian Maasais.Even though all these communities were divided by colonial boundaries.
With regard to religion, it should be one that provides for freedom of worship to people of all faiths under the Bill of Rights. The Constitution of Kenya must remain neutral with regard to religion, in order to offer equal protection to the people of all religions.
4....Muslims should by now be an integral part of the Kenyan community not requiring special treatment or protection!
The constitution must not divide the people along religious or other lines.(End of qoute).Recently after the Jamia riots.Unfortunately we were polarised ,some non-muslims together with some police attacked and stormed our Mosque.Did you ever comdemned this attack on place of worship?There after there was police swoop the whole country targetting aliens.if that was not enough introduction of birth certificates in schools,cancellation and banning of KCSE results of Muslim schools which performed well.
5.What law does Kadhis Court enforce?Kadhis Courts enforce Islamic law commonly referred to as Sharia..(end of qoute).Wrong,what we want is Kadhis court not Shariah law.Stop confusing people about the two.I am surprised the religious can mislead others.Kadhis court deals with Inheritance,Marriage and Divorce.
6..Yes. Muslims are the only Kenyans who are allowed to violate the Bill of Rights.(End of quote).Wrong..In draft constitution chap.5 pgs 28-63 deals with Bills of rights.Let me qoute some articles..Article 34.Freedom from Discrimination,with current and proposed constitution christian have been favoured by state.You have 4 Holy days annually while Islam has one and Hindu none.Moreover you have 2 holydays every week while we go to work on fridays.So you have been violating bills of rights all these years yourself.If Kenya at all is a multi-religious society as you claim,for equality (article 33) the state should scrap all holydays i.e Sat and Sun and chose neutral days like Tue and Weds.All religious should have same number of holydays or scrap them at all.Under article 44 :we are allowed freedom of worship.
7.Is the draft constitution Christian?Yes..Holydays in Sat(Sabath) and Sunday,Easters,Boxing and Xmas.These should be holidays for christians not public holidays.
8.What have Christians proposed?
Who is the Govt?All of us,you and me.Who is the Govt serving?All of us.Who are tax payers?All of us.You forget tax payers don't get services on your religious Holy days like Sat,Sun,Easters and Xmas etc.
9.What can I do as a Kenyan?Please draft constitution don't follow blindly,especially bill of rights.
Abu Rumaysa
Anthony - says, Kenya is a secular state, Religious courts are out of question. Kenya loves all equally. I wonder the majority (Christians) are not fighting to have Kenya become a Christian state! If you would be in a country where Muslims are the majority, this would not have been a debate but the sons of Ishmael would have overruled.
I urge our Muslim community to love and stop the agenda of blood shed, But of course I know they love blood shed.
NB/ Kadhi's courts are a beginning of Muslims to islamise Africa and introduce sharia. STOP it.
Q: What do Kadhi courts do?
A: They arbitrate on matters of marriage, divorce, inheritance and other personal issues guided by islamic faith as prescribed in the Koran and other islamic texts
Q: What is sharia law?
A: Arbitration/judgement/law based on the koran and other islamic texts
Q: Are kadhi courts == sharia courts
A: Yes
Q: Is Kenya enacting sharia law as one of the supreme laws in Kenya
A: Yes
Q: Does this imply that islamic religion will be supreme (state religion) to christianity, hinduism and other religions in Kenya
A: Oh yes
We have enough examples to see what Islam does to a country in the Islamic dominated countries where there is absolutely no freedom to Christians. Yet we're being told that Islam is peaceful. The world has eyes, and the truth must be declared as it is - Kadhi courts, if they must take place, must take place within the confines of the Muslim community. No one stops you from doing it if you are a willing Muslim involved with another willing Muslims. Why put it in the constitution? So that everyone will be forced to observe it and pay for it. A Muslim should know where to go when violated - they can chose the normal law or the Kadhi court, but sort yourselves out amongst yourselves. Why throw it in the face of everyone? If it is so harmless, so meaningless to everyone else, WHY DO YOU WANT IT IN THE CONSTITUTION???? We don't want them and it is our right to reject them. You're not justifying them; you're just launching an attack on what you think are Christian institutions. Why do the Kadhi courts need to be in the constitution? All Muslims know what law they should operate by with regards to certain issues - so who is being targeted in the constitution?
YES 54% NO 46% (Why are there more YESes than Nos). Because the reasons for which many are voting NO are the same reasons why Many are for YES)
I know that our society is rotten and so are our so-called leaders (MPs). While majority claim to be Christians and attend church most of the Sundays, they cannot see why Kadhis and Abortion clauses have a problem. Given that the church has been ignored and it so appears that it will be ignored to the bitter end and observing that Kenyans are voting (YES or NO) for very different reasons, I have three reasons why bitter KENYANS should vote YES.
These are my observations but I may be wrong
1. The MPs do not want a new constitution. In fact passing the draft will naturally render them irrelevant because they will have no business in the House. For the last 20 years, they have justified their salaries by claiming to be making a new constitution. They have promised us Canaan under a new constitution and every mess is blamed on the current constitution. Remember they will NOT be ministers and so they will have to registrate or risk being RECALLED (Article 104(2)).
2. Under the current constitution the chances of forcing the parliament to enact a new law or even remove Kadhi courts are very slim. On the proposed constitution, requires us to just collect a million signatures (Article 257(1)) to initiate a review. The church can achieve this in one Sunday and then monitor the parliamentary discussion and voting pattern. Those who would oppose the removal of the courts would then qualify for RECALLING.
3. The current constitution does not even allow the President to be vetted and sent packing without dissolving the parliament. Let us have the one that allos us to talk to him and if he does not listen, we mobilize 1 million votes to force the parliament discuss and pass a vote of no confidence.
4. Our MPs had over 100 clauses they wanted to change out of which only 10% were people centered. Let us not give them a chance to create Majimbo and remove clause on land size restrictions. Let us deny them the chance to delete the recalling clause and Let us have the rest of the changes, people driven (1 million votes is a small number for the KENYAN CHURCH).
These are my views and Kindly respect them as you share yours.
Freedom of Expression:
33....(2) The right to freedom of expression does not extend to—....
(d)advocacy of hatred that—
... (ii) is based on any ground of discrimination mentioned or contemplated in Article 27 (4).
How will this provision in the bill of rights really be practiced? It seems very subjective. Someone arguing against Kadhi courts could easily be said to violate this clause. The new constitution should be about expanding the freedom of expression space. Not reducing it, and this is a very risky area to be playing about.
http://www.youtube.com/watch?v=Tpd-Ek1-RRc
Maybe our NCCK will take the same path.
No harm in wishing
PROPOSED CONSTITUTION OF KENYA
PROPOSALS FOR AMENDMENTS OF THE DRAFT CONSTITUTION
CHAPTER ONE - SOVEREIGNTY OF THE PEOPLE AND THE SUPREMACY OF THE CONSTITUTION
1. Article 8 provides that "There shall be no state religion". However, previous draft constitutions had two important principles: One, "That state and religion shall be separate"; and, Two, "That the state shall treat ail religions equally". These provisions were deleted mischievously to accommodate parochial and sectarian interests in the draft constitution. We propose that Art 8 be amended to read as follows:
"8. (1) State and religion shall be separate.
(2) There shall be no State religion.
(3) The State shall treat all religions equally."
visit us at http://www.kenyachristianchurchforum.org
There is a fallacy in this debate ... that removing the courts will unify Kenyans. Further, what is being advocated here ignores objective truth ... that the laws in our books are borrowed from our Christian colonial masters. The Sultan would not have insisted on the Kadhi's courts if he believed Kenya was a secular state. Kenya is a secular state in name only. This hypocrisy and condemnation is unbecoming of people who claim to follow Christ!