Information service of the Pontifical Mission Societies since 1927
Nairobi (Agenzia Fides)- “The Catholic Bishops issued a statement urging the people to vote in the referendum for or against the new Constitution” Italian Consolata missionary Fr Eugenio Ferrari, director of the Pontifical Mission Societies in Kenya told Fides with regard to a statement by the Catholic Bishops of that country commenting the final draft of the new constitution approved by parliament, revised by Public Prosecutor Amos Wako and published on 22 August. The people will be called to express their opinion with regard to the constitution in a referendum probably in November.
“While expressing reserve on some points the Bishops say the final draft of the text prepared and presented by advisory Bomas Commission but amply modified by parliament is an improvement on the Bomas draft and the old constitution” said Fr Ferrari. “Parliament having debated and voted, has given us the document now referred as the Proposed New Constitution of Kenya published on the 22nd of August 2005. This document can now be presented to the people for their decision through referendum” the Bishop say underlining the need to “adequately inform all citizens to Civic Education so that they can make an informed decision”.
The new 97 page draft amends the old Constitution on various points. Firstly it establishes the posts of vice president and prime minister, figures hitherto absent in Kenya’s politics. The President retains ample powers including the appointment and dismissal of Premier and ministers. Presidential powers were the subject of lively discussion in recent months. The first draft changed Kenya from a presidential republic to a parliamentary republic in which the president retained only powers of control and the new figure of the Premier would in fact have governed the country. On the basis of this type of constitution, which was to be approved within 100 days, the Rainbow coalition which led to the election of Mwai Kibaki as head of state was launched.
The draft to be subjected to a referendum for popular approval establishes that one third of members of parliament must be women, while it eliminates certain norms for the promotion of young people, minorities and disabled persons. Another debated point is the role of Islamic courts to judge cases concerning marriage, divorce and heritage rights if all parties involved are Muslim citizens. Kenya’s Christians object that the state is secular and that separate courts for part of the population should not exist.
Islamic Courts were recognised in the old constitution on the basis of a treaty of 1963 with which Zanzibar granted Kenya a 10 mile strip of land where the people were mainly Muslims and Kenya promised to respect these people’s rights and system of belief.
Christians say that 40 years after the treaty there is nothing to justify having a separate court for Muslims and that therefore the new constitution should not include recognition of Islamic courts. (L.M.) (Agenzia Fides 2/9/2005 righe 46 parole 567)
