National Council of Churches of Kenya

Press Statement

Entrench Justice Through the New Constitution

1. Introduction
We Christian church leaders have met here at Ufungamano House to reflect on the draft constitution that has been passed from the Committee of Experts to Parliament. We do note that according to the Bible, and as has been confirmed through the ages, nations rise and fall on the basis of administration of justice to their citizens.

“Woe to those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of my people, making widows their prey and robbing the fatherless. What will you do on the day of reckoning, when disaster comes from afar? To whom will you run for help? Where will you leave your riches? Nothing will remain but to cringe among the captives or fall among the slain.”

2. Call to Parliament
Towards this end, we call upon all Members of Parliament to take the responsibility placed on them to ensure that the constitution presented for referendum is founded on justice. It is upon you to listen keenly to the sentiments of Kenyans and their wishes on the contentious issues in the constitution. We urge you to remember that Christians have been aggrieved by the different organs charged with review of the constitution that have pushed their own opinions rather than listening. Do not bring to Kenyans a draft constitution that has the poison.

Christians will be watching keenly how the debates will be handled on the floor of the House. Kenyans have especially been wondering about the sincerity of the faith of the Members of Parliament who say they are Christian yet have not taken up these issues.

As you consider the draft constitution, do take into consideration the following cardinal issues:

3. Cardinal Issues in the Constitution

3.1 State and Religion
We find it a gross injustice to Kenyans that the drafters of the proposed new constitution removed two key provisions, these being:
a) The state shall treat all religions equally
b) The state and religion shall be separate

The prime intention of these removals was to facilitate the inclusion of Kadhi Courts and the exemption of Muslims from the Bill of Rights in the constitution. This is unacceptable to us, since it has the underlying message to Kenyans that the teachings and beliefs of the persons professing the Muslim faith are superior to the constitution of Kenya. All religions in Kenya must subject themselves to the constitution and laws of Kenya if we are to build a stable nation founded on justice and equity.

We therefore demand an unequivocal restoration of these provisions and a removal of all references to the Islamic faith in the constitution. Christians will not support a constitution that elevates one religion to such a level.

3.2 Bill of Rights
The rights and responsibilities of all Kenyans are encoded in the Bill of Rights. This is a key section of the constitution that defines who we are as Kenyans. We find it unjust for the proposed new constitution to exempt persons professing Muslim faith from the Bill of Rights. This will have the major effect of declaring that Kenyans are not equal. If any Kenyans wish to forgo their rights for whatever reasons, Christians should not be asked to participate in legalizing such an injustice. We shall reject the draft constitution if this exemption is not removed.

Further, we urge Parliament to restore provisions within the Bill of Rights that define and protect the rights of detained persons.

3.3 Right To Life
The constitution as a principle must protect human life from conception till natural death. The provisions in the proposed new constitution that create loopholes for the practice or legalization of abortion must be purged. The unborn children are weak, do not protect themselves, and so we as a nation should be careful to defend them. May we always remember the words of Psalms 41: 1 – 3:

“Blessed is he who has regard for the weak, the Lord delivers him in times of trouble. The Lord will protect him and preserve his life; He will bless him in the land and not surrender him to the desire of his foes. The Lord will sustain him on his sickbed and restore him from his bed of illness.”

4. Conclusion
For more than twenty years, the Christian church in Kenya has been calling and urging for a new constitution. We have always insisted that a primary purpose of the new constitution would be to remove the injustices built into the current law that have resulted in an unstable nation.

As such, Christians will not endorse the adoption of a new constitution if it contains flaws that would lead to injustice and instability. We shall not pass a new constitution merely for the sake of doing away with the current.

May God bless Kenya now and always.

Signed on this 8th day of March 2010 at Christian Students Leadership Centre (Ufungamano House), Nairobi.