Some women have become multi-plugs where each man plugs to different side of her
I have waited all these years to get a wedding of my dreams. I cannot give up on that now simply because you claim to love me and yet you cannot give me my heart’s desire. I may compromise on the wedding but I cannot settle down with you until you have a better car and a better job to comfortably take care of us both!
Glitter and glamorous life of modern life is empty and soulless.
Marking the Valentine day has brought to the fore the emptiness of many love relationships and marriages today. The incessant search for material possessions, the yearning for more, albeit because more is better, could not be better expressed than in the story of one Karl Robeder, a millionaire who reached the end of the rat race of more is better- celebrity- lifestyle.
With more than Ksh. 360m, Karl seems to have reached the end of the tether and simply snapped; he gave up in his own words: “I came from a very poor family where the rules were to work more to achieve more material things and I applied this for many years”
Indeed this links with many in this continent where poverty and deprivation have been the twin synonyms of what it means to be born in Africa.
Many a young women dream of Mr. Perfect, not only handsome physically but also endowed with the material to fulfil their wildest dreams, an exquisite wedding with full glamour, a sumptuous reception where guests spoil themselves with food and wash themselves in wine from golden tumblers! And thereafter to a hideaway honeymoon in dreamland where they walk hand in hand on beautiful sandy beaches of Kusadikika under the full moon, and a happy fulfilled life thereafter.
While some of the foregoing may have come to pass for some of the lucky lasses, the full script of life lived in such a dream has been the undoing of many a relationships and even marriages.
Today many young people get into relationships with the presumptions of what the other has. In a patriarchal setup, like many in Africa, men are expected to have it all, physique and the wherewithal to make; not only the heads of the young girls spin but also turn their hearts upside down.
Valentine is an apt demonstration of this, where those with the chums, took their sweethearts to the top of the cream places, restaurants worth their names and spoil them. And those at the “bottom of the ranks” who may be struggling to put one square meal on the table were forced to be contented with the little they could afford.
In the words of Karl, these ordinary folks, “they live the real life, meet and live with real people not actors.” True love and happiness may not be found in the extremes of deprivation, where cannot afford a sensible meal, yet as Karl proofed in his own experience time after time true life is not in the “five star hotel lifestyles- where everyone is an actor” where others play the role of being friendly while others to be important and nobody is real.
Friday, August 6, 2010
Conversion or change of denomination for Anglican Clerics?
Conversion or change of denomination for Anglican Clerics?
Anglican clerics to become Catholic priests? It has been hailed by some as the most significant development since the Reformation! The Vatican has published details of its plan to ease conversion for Church of England clergy unhappy about the ordination of women bishops. The proposal offers them what amounts to their own dioceses within the Roman Catholic Church.
In the early 2000s dissension over homosexuality threatened to tear apart the Anglican Communion. Fueling the controversy was the 2003 consecration of an openly gay bishop by the Episcopal Church in the United States and the blessing of same-sex unions by Anglican churches in Canada. Some conservative Anglican dioceses in Africa threatened to leave the communion unless these actions were condemned. In 2004 a special commission appointed by the archbishop of Canterbury sought to heal the rift. The commission’s report rebuked the Episcopal Church and called for a moratorium on the ordination of gay clergy and on the blessing of same-sex unions.
Although the presiding bishop of the Episcopal Church urged restraint in the ordination of openly gay clergy and the blessing of homosexual unions, this step was deemed insufficient by more traditional Anglican bishops. At a meeting in Dar es salaam, Tanzania, in February 2007, the Anglican bishops demanded that the Episcopal Church state unequivocally that it would stop consecrating gay bishops and blessing same-sex unions. The Episcopal Church was given until September 2007 to issue the statement.
The Episcopal Church re-affirmed its position in September 2007, again asking for restraint in ordaining gay clergy and blessing same-sex unions but falling short of requesting a moratorium. In December, Archbishop of Canterbury Rowan Williams criticized both sides in the dispute for dividing the communion, and he announced plans to use professional mediators to facilitate communication between the leaders of the Episcopal Church and the Anglican leaders most critical of them.
While the publication of details of Vatican’s plan to ease conversion for Church of England clergy may not be as a emotive issue as the ordination of women and openly gay ministers, it has elicited varied reactions from across the Anglican Communion.
In the new instructions Vatican also said that the Anglicans could continue with their traditions, such as some church services. Anglican clergy claim the rules set out in the document make the offer seem more generous than it first seemed. Fr Geoffrey Kirk, England’s National secretary of Forward in Faith, which represents Anglicans sympathetic to Catholicism, said more clergy around the world would probably convert as a result.
"Of the 450 parishes I knew would take the Pope's invitation seriously, I said between 150 and 200 would convert. Now I think it'll be more than 200." The details confirm that Church of England priests who are married will be allowed on a case-by-case basis - to serve as Roman Catholic priests.
The head of Kenya's Anglican Church, Archbishop Eliud Wabukala, initially rejected the Pope's offer to allow disaffected Anglicans to join the Catholic Church. Bishop Wabukala said it would not be easy for African Anglicans to enter into full communion with Catholics. “The Protestant family understands faith in different ways, for example, the idea of the Eucharist, the Lord's Supper, the interpretation of ministry," he said that may not necessarily open them to join the Roman Catholic church so easily. He said his fellow African Anglican bishops were "deeply evangelical". Among others the Evangelicals are known to reject the Roman Catholic position giving ultimate authority to the pope in matters of faith and morals.
Furthermore, Evangelicals believe that individual judgment should decide all questions of biblical interpretation, while others defer to the confessions formulated by the Roman Catholic Church to guide members in their faith.
The head of the Anglican Church in Kenya seems to subscribe to the Traditional Reformation leaders who reacted against the Catholic institution of the priesthood by affirming the “priesthood of all believers.” They hold to the priesthood of all Christian, by contributing to society and thus serving one’s neighbour, is as fulfilling before God as any specifically religious vocation. Nevertheless, most Protestant denominations have an ordained ministry.
Whereas the Roman Catholic priest is seen as a mediator of God’s grace through his administration of the sacraments, the Protestant minister is regarded as one of the laity who has been trained to perform certain church functions, such as preaching and administering the sacraments. As a result of this belief in the essential equality of all church members, Protestant church government has been democratic in tendency, although there are wide variations.
On his part, Ugandan Archbishop Henry Luke Orombi has also said Pope Benedict's measure was not called for in the African Anglican Church, which he said had successfully resisted liberalism from Western countries.
While the Bishops expressed their reservations on this seemingly emotive subject, it is an open secret that there are splits among Anglicans worldwide over homosexuality and the ordination of women. Causes of discord in the worldwide Anglican Communion have included the election of an openly gay bishop and the blessing of same-sex unions.
“It is very clear that the Western world is bent on pushing their dirty habits from the closets into the public.” One disenchanted Anglican explained in an exclusive interview. They have made up the so called gay rights! In African traditions sexual issues were relegated to the internal forum, and even today sexual matters are personal”
An Anglican cleric who asked not to e named feels that the move from Rome is a good thing to lead to the union of all Christian believers. “Jesus prayed for the unity of all believers during the last supper, who are we to continue splitting his followers? The pope needs our support in this noble move to preserve not just our unity but also maintain dignity” the Kenyan Cleric added.
There is a feeling that the publications by Vatican could lead to an influx of married priests to a church where clergy have traditionally been celibate. The document emphasised that the Vatican had no intention of relaxing the requirement for celibacy for Roman Catholic priests. However, the presence of significant numbers of married priests could present an alternative model of priesthood to Roman Catholics.
The Vatican made clear that Anglicans who were in "irregular marriage situations" would not be eligible to convert. Men intending to become priests inside the new section of the Church could train in seminaries separate from other Catholic priests.
Dr Kirk said this concession, and the creation of multiple "dioceses" for former Anglicans showed that the Vatican intended Anglican traditions to become a permanent part of Catholicism. "This is not terminal care. It's viewed as a permanent thing, and it could actually grow," he said.
However, Anglicans who convert will have to commit to all Roman Catholic beliefs, and that might create conflict for some. They would have to accept that the Pope could on occasion be regarded as "infallible".
They would also have to accept Roman Catholic views on contraception, the way Catholics regard Mary, the mother of Jesus, and that the bread and wine of Holy Communion actually become the body and blood of Jesus.
Clergy wishing to convert will have to be re-ordained as Catholic priests; this may raise the age-old issue of how he Roman Catholic Church looks down on the rites of ordination of the Anglican Church. At the same time some of the would be coverts might face painful choices - having to leave well-placed and historic medieval churches with thriving congregations for more modern churches on the edge of town or even in rural congregations.
In the African context, while the conversions may not be as big as expected in other parts of the world, it is however very clear that the some of the reasons for the split of the Anglican Communion are fast becoming issues of contention in the Continent with the largest Christian following.
Even among Catholic-minded Anglicans, there is continued resistance to transferring to Rome. Many are desperate to maintain the historic composition of the Church of England as including both a Protestant and a Catholic wing.
However English Anglicans are likely to make up only a small proportion of those wishing to find a permanent home in the Roman Catholic Church. The Traditional Anglican Communion - which broke away from the Anglican Communion in 1991 - claims four hundred thousand members around the world, and several hundred are thought likely to convert.
The first English clergy could convert as early as next year. The Vatican insisted that its invitation came only in response to Anglicans who pleaded for a new spiritual home. But it angered some Anglicans because it came at a sensitive time in discussions over how women bishops would be introduced into the Church of England.
As the discussions on the pros and cons of the opening of doors by the Vatican to the Anglican priests continue to draw all types’ reactions and comments, those who have been waiting for the opportunity, have it.
Anglican clerics to become Catholic priests? It has been hailed by some as the most significant development since the Reformation! The Vatican has published details of its plan to ease conversion for Church of England clergy unhappy about the ordination of women bishops. The proposal offers them what amounts to their own dioceses within the Roman Catholic Church.
In the early 2000s dissension over homosexuality threatened to tear apart the Anglican Communion. Fueling the controversy was the 2003 consecration of an openly gay bishop by the Episcopal Church in the United States and the blessing of same-sex unions by Anglican churches in Canada. Some conservative Anglican dioceses in Africa threatened to leave the communion unless these actions were condemned. In 2004 a special commission appointed by the archbishop of Canterbury sought to heal the rift. The commission’s report rebuked the Episcopal Church and called for a moratorium on the ordination of gay clergy and on the blessing of same-sex unions.
Although the presiding bishop of the Episcopal Church urged restraint in the ordination of openly gay clergy and the blessing of homosexual unions, this step was deemed insufficient by more traditional Anglican bishops. At a meeting in Dar es salaam, Tanzania, in February 2007, the Anglican bishops demanded that the Episcopal Church state unequivocally that it would stop consecrating gay bishops and blessing same-sex unions. The Episcopal Church was given until September 2007 to issue the statement.
The Episcopal Church re-affirmed its position in September 2007, again asking for restraint in ordaining gay clergy and blessing same-sex unions but falling short of requesting a moratorium. In December, Archbishop of Canterbury Rowan Williams criticized both sides in the dispute for dividing the communion, and he announced plans to use professional mediators to facilitate communication between the leaders of the Episcopal Church and the Anglican leaders most critical of them.
While the publication of details of Vatican’s plan to ease conversion for Church of England clergy may not be as a emotive issue as the ordination of women and openly gay ministers, it has elicited varied reactions from across the Anglican Communion.
In the new instructions Vatican also said that the Anglicans could continue with their traditions, such as some church services. Anglican clergy claim the rules set out in the document make the offer seem more generous than it first seemed. Fr Geoffrey Kirk, England’s National secretary of Forward in Faith, which represents Anglicans sympathetic to Catholicism, said more clergy around the world would probably convert as a result.
"Of the 450 parishes I knew would take the Pope's invitation seriously, I said between 150 and 200 would convert. Now I think it'll be more than 200." The details confirm that Church of England priests who are married will be allowed on a case-by-case basis - to serve as Roman Catholic priests.
The head of Kenya's Anglican Church, Archbishop Eliud Wabukala, initially rejected the Pope's offer to allow disaffected Anglicans to join the Catholic Church. Bishop Wabukala said it would not be easy for African Anglicans to enter into full communion with Catholics. “The Protestant family understands faith in different ways, for example, the idea of the Eucharist, the Lord's Supper, the interpretation of ministry," he said that may not necessarily open them to join the Roman Catholic church so easily. He said his fellow African Anglican bishops were "deeply evangelical". Among others the Evangelicals are known to reject the Roman Catholic position giving ultimate authority to the pope in matters of faith and morals.
Furthermore, Evangelicals believe that individual judgment should decide all questions of biblical interpretation, while others defer to the confessions formulated by the Roman Catholic Church to guide members in their faith.
The head of the Anglican Church in Kenya seems to subscribe to the Traditional Reformation leaders who reacted against the Catholic institution of the priesthood by affirming the “priesthood of all believers.” They hold to the priesthood of all Christian, by contributing to society and thus serving one’s neighbour, is as fulfilling before God as any specifically religious vocation. Nevertheless, most Protestant denominations have an ordained ministry.
Whereas the Roman Catholic priest is seen as a mediator of God’s grace through his administration of the sacraments, the Protestant minister is regarded as one of the laity who has been trained to perform certain church functions, such as preaching and administering the sacraments. As a result of this belief in the essential equality of all church members, Protestant church government has been democratic in tendency, although there are wide variations.
On his part, Ugandan Archbishop Henry Luke Orombi has also said Pope Benedict's measure was not called for in the African Anglican Church, which he said had successfully resisted liberalism from Western countries.
While the Bishops expressed their reservations on this seemingly emotive subject, it is an open secret that there are splits among Anglicans worldwide over homosexuality and the ordination of women. Causes of discord in the worldwide Anglican Communion have included the election of an openly gay bishop and the blessing of same-sex unions.
“It is very clear that the Western world is bent on pushing their dirty habits from the closets into the public.” One disenchanted Anglican explained in an exclusive interview. They have made up the so called gay rights! In African traditions sexual issues were relegated to the internal forum, and even today sexual matters are personal”
An Anglican cleric who asked not to e named feels that the move from Rome is a good thing to lead to the union of all Christian believers. “Jesus prayed for the unity of all believers during the last supper, who are we to continue splitting his followers? The pope needs our support in this noble move to preserve not just our unity but also maintain dignity” the Kenyan Cleric added.
There is a feeling that the publications by Vatican could lead to an influx of married priests to a church where clergy have traditionally been celibate. The document emphasised that the Vatican had no intention of relaxing the requirement for celibacy for Roman Catholic priests. However, the presence of significant numbers of married priests could present an alternative model of priesthood to Roman Catholics.
The Vatican made clear that Anglicans who were in "irregular marriage situations" would not be eligible to convert. Men intending to become priests inside the new section of the Church could train in seminaries separate from other Catholic priests.
Dr Kirk said this concession, and the creation of multiple "dioceses" for former Anglicans showed that the Vatican intended Anglican traditions to become a permanent part of Catholicism. "This is not terminal care. It's viewed as a permanent thing, and it could actually grow," he said.
However, Anglicans who convert will have to commit to all Roman Catholic beliefs, and that might create conflict for some. They would have to accept that the Pope could on occasion be regarded as "infallible".
They would also have to accept Roman Catholic views on contraception, the way Catholics regard Mary, the mother of Jesus, and that the bread and wine of Holy Communion actually become the body and blood of Jesus.
Clergy wishing to convert will have to be re-ordained as Catholic priests; this may raise the age-old issue of how he Roman Catholic Church looks down on the rites of ordination of the Anglican Church. At the same time some of the would be coverts might face painful choices - having to leave well-placed and historic medieval churches with thriving congregations for more modern churches on the edge of town or even in rural congregations.
In the African context, while the conversions may not be as big as expected in other parts of the world, it is however very clear that the some of the reasons for the split of the Anglican Communion are fast becoming issues of contention in the Continent with the largest Christian following.
Even among Catholic-minded Anglicans, there is continued resistance to transferring to Rome. Many are desperate to maintain the historic composition of the Church of England as including both a Protestant and a Catholic wing.
However English Anglicans are likely to make up only a small proportion of those wishing to find a permanent home in the Roman Catholic Church. The Traditional Anglican Communion - which broke away from the Anglican Communion in 1991 - claims four hundred thousand members around the world, and several hundred are thought likely to convert.
The first English clergy could convert as early as next year. The Vatican insisted that its invitation came only in response to Anglicans who pleaded for a new spiritual home. But it angered some Anglicans because it came at a sensitive time in discussions over how women bishops would be introduced into the Church of England.
As the discussions on the pros and cons of the opening of doors by the Vatican to the Anglican priests continue to draw all types’ reactions and comments, those who have been waiting for the opportunity, have it.
“FOOTBALLER” NUN TURNS 100
“FOOTBALLER” NUN TURNS 100
How often do you get to share the joys of life with a centenarian? I guess you probably do not know anyone who is a hundred, especially, in this part of the world where life expectancy is 60 years for women and 50-55 for men!
But Sr. Hyacinth Barden, an Irish nun, who has spent her entire life in Kenya is in a class of her own on many counts. She is the first Loreto sister to have celebrated her hundredth birthday. The nun, known as Hyky by her former students, is an accomplished hockey coach of many years. More interestingly, she has, for many years, been a diehard fan of Manchester United football club, one of the most successful clubs in the history of English football. Now, it may seem a little extraordinary associating a Catholic nun with such a rowdy game as football, or even imagining her screaming at the top of her voice in support of her team as most fans do, but that is Hyky for you; an extraordinary lady.
On the morning of Thursday 31, 2010, when Hyky turned a hundred, she was the proud recipient of congratulatory messages from the Irish President, Mary MacAleese and the coach of “Man U” Sir Alex Ferguson. In her message, President MacAleese expressed her admiration for Sr. Hyacinth, having lived through such interesting times in the history of the world; including remarkable changes in lifestyles as well as technological developments that would have been unimaginable at her birth. In his message, Sir Alex Ferguson, expressed his gratitude to the nun for being such a staunch supporter of the team he has been coaching since 2006.
Sr. Hyacinth was presented with numerous gifts, including momentos from Bishop Alfred Rotich, of her favourite team, “Man U,” as it is popularly known among its fans.
The centenarian celebrated her life in a colourful ceremony surrounded by the nuns of Loreto Msongari, members of her extended family led by her cousin Judith Barden who travelled all the way from Ireland for the occasion.
Sr. Hyacinth arrived in Kenya in 1944, only three years after her profession and has, practically, spent her entire adult life serving in Kenya with the Loreto Convent Sisters.
She has been living out her interesting vocation among the Sisters of Loreto in the outskirts of Nairobi. She enjoys praying for each member of the community in addition to the young children that school at the Convent school who fondly call her “Grandma Sister.”
May she blow many more candles in the coming years, always, a blessing to all around her and indeed, across the world as a member of the larger family of “Man U” supporters.
How often do you get to share the joys of life with a centenarian? I guess you probably do not know anyone who is a hundred, especially, in this part of the world where life expectancy is 60 years for women and 50-55 for men!
But Sr. Hyacinth Barden, an Irish nun, who has spent her entire life in Kenya is in a class of her own on many counts. She is the first Loreto sister to have celebrated her hundredth birthday. The nun, known as Hyky by her former students, is an accomplished hockey coach of many years. More interestingly, she has, for many years, been a diehard fan of Manchester United football club, one of the most successful clubs in the history of English football. Now, it may seem a little extraordinary associating a Catholic nun with such a rowdy game as football, or even imagining her screaming at the top of her voice in support of her team as most fans do, but that is Hyky for you; an extraordinary lady.
On the morning of Thursday 31, 2010, when Hyky turned a hundred, she was the proud recipient of congratulatory messages from the Irish President, Mary MacAleese and the coach of “Man U” Sir Alex Ferguson. In her message, President MacAleese expressed her admiration for Sr. Hyacinth, having lived through such interesting times in the history of the world; including remarkable changes in lifestyles as well as technological developments that would have been unimaginable at her birth. In his message, Sir Alex Ferguson, expressed his gratitude to the nun for being such a staunch supporter of the team he has been coaching since 2006.
Sr. Hyacinth was presented with numerous gifts, including momentos from Bishop Alfred Rotich, of her favourite team, “Man U,” as it is popularly known among its fans.
The centenarian celebrated her life in a colourful ceremony surrounded by the nuns of Loreto Msongari, members of her extended family led by her cousin Judith Barden who travelled all the way from Ireland for the occasion.
Sr. Hyacinth arrived in Kenya in 1944, only three years after her profession and has, practically, spent her entire adult life serving in Kenya with the Loreto Convent Sisters.
She has been living out her interesting vocation among the Sisters of Loreto in the outskirts of Nairobi. She enjoys praying for each member of the community in addition to the young children that school at the Convent school who fondly call her “Grandma Sister.”
May she blow many more candles in the coming years, always, a blessing to all around her and indeed, across the world as a member of the larger family of “Man U” supporters.
The Draft constitution is getting drowned in the “YES and NO clamour”
The Draft constitution is getting drowned in the “YES and NO clamour”
As the referendum on Kenya’s new constitution draws near, the debate over abortion and the Kadhi’s courts are taking centre stage and threatening to derail the two-decade old struggle of Kenyans.
By threatening to vote “No” in the upcoming referendum if the political class fails to delete the Kadhi court and amend the clause on abortion in the new law, the Christian clergy appear to be stoking up a Church-State war in which the religious leaders must either win or perish as a political force in this country.
Despite the fact that abortion has never been legal in Kenya, and the new draft expressly provides for matters to remain that way, church leaders have vowed to mobilise their followers to reject the document.
The church objects to the section of Article 26 that empowers doctors to end a pregnancy if it endangers the woman’s life or she needs emergency treatment.
Christian leaders are also opposed to the retention of Kadhis’ courts in the proposed Constitution under Article 169 and 170, which limit their authority to disputes over personal status, marriage, divorce or inheritance, where all the parties are Muslims and agree to take the case to a Kadhi.
The controversy over the termination of pregnancy has pitted the church against pro-choice activists and is largely fought on the battlefields of values and morality. The debate has degenerated into shouting matches over the viability and humanity of foetuses and when exactly life begins. Lost in all this is the fact that, from a public policy perspective, these considerations are largely academic.
The statement by the catholic Bishops released on April 16th reads in part: “…As Bishops of the Catholic Church in Kenya, we are supportive of a new Constitutional Order for our country and have worked long and hard to bring the process to its present state. We encourage all of you to prepare carefully for this important event by first of all registering, and then on Referendum day, to go out and vote.”
“It is our duty, as moral leaders and shepherds of the Catholic Church in Kenya, to present for your reflection certain, serious problems connected with Article 26 (paragraph 4) of the Proposed Constitution. In order to refresh your memories, this article states:
Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger or if permitted by any other written law.”
“If this article is maintained in the Proposed Constitution as it is, we will be compelled based on moral grounds to advise the people of Kenya to vote NO.”
Apparently lost in the cacophony is the concession made by the political class to introduce article 26(2) that states that life begins at conception as a concession to the demands of the Church leadership which is well aware that such matters are usually not for constitutions.
One is inclined to opine, should the political leadership cave in to the demands of the clergy and amend the clause on abortion will that alone lead to an upright nation? This is in the backdrop of Studies in Kenya in 2009 showing that 47 per cent of all young people below the age of 20 years who get pregnant while in school resort to abortion. “Young unmarried women would rather seek an abortion than let their parents know that they’re pregnant,” says Wanjiku Gikang’a, a family therapist and university lecturer.
The clergy has also trained its focus on the Kadhis’ court in an orgy of myth-making that mines the road to the referendum. The anti-kadhi crowd has depicted the “Muslim family” as a new creation of the current draft, yet the truth is that it is as old as the republic.
There is also the erroneous view that the kadhis courts are an elevation of one religion (Islam) over the others and a threat to other faiths. It is equally disquieting for the some clergy members to claim that the Kadhis’ courts is a route to usher in Sharia law, and thus frightfully invoking the spectre of Islamic extremism that has bedevilled such countries as Somalia and Afghanistan to instil fear and win the hearts of Kenyans.
Article 170 (5) of the proposed law is very clear on the authority and sway of the kadhis’ courts, whose jurisdiction is limited to personal status, marriage, divorce and inheritance in cases where all parties are Muslims. Further more the kadhis court is at the bottom of the top heavy judicial system along with magistrates’ courts, courts martial and local tribunals.
Far from being a threat to organised religious, civilization, public order or individual freedom, the court should be allowed to come through as a blissful symbol of Kenya’s olive branch to religious minorities as part of an emerging permissive democratic culture
The Proposed Constitution has various provisions which will accrue and ameliorate the condition of individuals in respect of their age, gender, citizenship and enables individuals to benefit from envisaged elevated rule of law. For example, a young woman stands a good chance of participating in political affairs, enjoy equality with spouse during marriage and upon its dissolution and participate in governance.
Religious leaders ignore the fact it is not only spiritual matters which enable an individual to live a wholesome life but also other factors — economic, political and social. The Proposed Constitution seeks to put these three spheres into proper perspective.
An examination of Kenya’s socio-political and economic panorama shows that there have been laws that are not against Christian teachings per see but poor governance and human rights violations. While the religious leaders have a right to make their views known, they should do a cost- benefit analysis while calling for the rejection of the draft, so that their call is not ostrich activism.
The second point is that the calls by religious leaders is not only based on misinterpretation of Article 26(4) that allows for indiscriminate abortion but also exhibit the attrition between free will and choice, thereby bringing to fore the values system that informs our lives. The crux is that abortion is wrong based on Christian teachings. If abortion is wrong and Christians believe that God’s law is a higher law, is there a need for the same to be spelt out in the constitution in order to convince people that it is wrong hence deter them from engaging in it?
If indeed God’s law is higher, then a true test of commitment to God’s law would be the willingness to follow it even if circumstances and law permit it. To underscore this point, it would be important to draw from the experience of an early Christian in 7th Century, Origen, a disciple of Clement. After he converted to Christianity, he castrated himself to stifle sexual desires. One day he saw women taking bath and he was not sexually aroused, whereupon he pronounced ruefully, the classical words: Salvation from God is by grace not by law. In similar fashion, rather that push for adherence to biblical teachings through constitution, the religious leaders should push for the same through the values system and natural law that might reside in the hearts of their congregants.
Most importantly, there is need to unveil the fears covered by the fig leaves on call for rejection of draft based on provision on Kadhi’s courts. The downside of the “No” call by a section of religious leaders is that it will provide an opportunity for political nabobs to cloak Christianity in rejecting the draft.
As the referendum on Kenya’s new constitution draws near, the debate over abortion and the Kadhi’s courts are taking centre stage and threatening to derail the two-decade old struggle of Kenyans.
By threatening to vote “No” in the upcoming referendum if the political class fails to delete the Kadhi court and amend the clause on abortion in the new law, the Christian clergy appear to be stoking up a Church-State war in which the religious leaders must either win or perish as a political force in this country.
Despite the fact that abortion has never been legal in Kenya, and the new draft expressly provides for matters to remain that way, church leaders have vowed to mobilise their followers to reject the document.
The church objects to the section of Article 26 that empowers doctors to end a pregnancy if it endangers the woman’s life or she needs emergency treatment.
Christian leaders are also opposed to the retention of Kadhis’ courts in the proposed Constitution under Article 169 and 170, which limit their authority to disputes over personal status, marriage, divorce or inheritance, where all the parties are Muslims and agree to take the case to a Kadhi.
The controversy over the termination of pregnancy has pitted the church against pro-choice activists and is largely fought on the battlefields of values and morality. The debate has degenerated into shouting matches over the viability and humanity of foetuses and when exactly life begins. Lost in all this is the fact that, from a public policy perspective, these considerations are largely academic.
The statement by the catholic Bishops released on April 16th reads in part: “…As Bishops of the Catholic Church in Kenya, we are supportive of a new Constitutional Order for our country and have worked long and hard to bring the process to its present state. We encourage all of you to prepare carefully for this important event by first of all registering, and then on Referendum day, to go out and vote.”
“It is our duty, as moral leaders and shepherds of the Catholic Church in Kenya, to present for your reflection certain, serious problems connected with Article 26 (paragraph 4) of the Proposed Constitution. In order to refresh your memories, this article states:
Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger or if permitted by any other written law.”
“If this article is maintained in the Proposed Constitution as it is, we will be compelled based on moral grounds to advise the people of Kenya to vote NO.”
Apparently lost in the cacophony is the concession made by the political class to introduce article 26(2) that states that life begins at conception as a concession to the demands of the Church leadership which is well aware that such matters are usually not for constitutions.
One is inclined to opine, should the political leadership cave in to the demands of the clergy and amend the clause on abortion will that alone lead to an upright nation? This is in the backdrop of Studies in Kenya in 2009 showing that 47 per cent of all young people below the age of 20 years who get pregnant while in school resort to abortion. “Young unmarried women would rather seek an abortion than let their parents know that they’re pregnant,” says Wanjiku Gikang’a, a family therapist and university lecturer.
The clergy has also trained its focus on the Kadhis’ court in an orgy of myth-making that mines the road to the referendum. The anti-kadhi crowd has depicted the “Muslim family” as a new creation of the current draft, yet the truth is that it is as old as the republic.
There is also the erroneous view that the kadhis courts are an elevation of one religion (Islam) over the others and a threat to other faiths. It is equally disquieting for the some clergy members to claim that the Kadhis’ courts is a route to usher in Sharia law, and thus frightfully invoking the spectre of Islamic extremism that has bedevilled such countries as Somalia and Afghanistan to instil fear and win the hearts of Kenyans.
Article 170 (5) of the proposed law is very clear on the authority and sway of the kadhis’ courts, whose jurisdiction is limited to personal status, marriage, divorce and inheritance in cases where all parties are Muslims. Further more the kadhis court is at the bottom of the top heavy judicial system along with magistrates’ courts, courts martial and local tribunals.
Far from being a threat to organised religious, civilization, public order or individual freedom, the court should be allowed to come through as a blissful symbol of Kenya’s olive branch to religious minorities as part of an emerging permissive democratic culture
The Proposed Constitution has various provisions which will accrue and ameliorate the condition of individuals in respect of their age, gender, citizenship and enables individuals to benefit from envisaged elevated rule of law. For example, a young woman stands a good chance of participating in political affairs, enjoy equality with spouse during marriage and upon its dissolution and participate in governance.
Religious leaders ignore the fact it is not only spiritual matters which enable an individual to live a wholesome life but also other factors — economic, political and social. The Proposed Constitution seeks to put these three spheres into proper perspective.
An examination of Kenya’s socio-political and economic panorama shows that there have been laws that are not against Christian teachings per see but poor governance and human rights violations. While the religious leaders have a right to make their views known, they should do a cost- benefit analysis while calling for the rejection of the draft, so that their call is not ostrich activism.
The second point is that the calls by religious leaders is not only based on misinterpretation of Article 26(4) that allows for indiscriminate abortion but also exhibit the attrition between free will and choice, thereby bringing to fore the values system that informs our lives. The crux is that abortion is wrong based on Christian teachings. If abortion is wrong and Christians believe that God’s law is a higher law, is there a need for the same to be spelt out in the constitution in order to convince people that it is wrong hence deter them from engaging in it?
If indeed God’s law is higher, then a true test of commitment to God’s law would be the willingness to follow it even if circumstances and law permit it. To underscore this point, it would be important to draw from the experience of an early Christian in 7th Century, Origen, a disciple of Clement. After he converted to Christianity, he castrated himself to stifle sexual desires. One day he saw women taking bath and he was not sexually aroused, whereupon he pronounced ruefully, the classical words: Salvation from God is by grace not by law. In similar fashion, rather that push for adherence to biblical teachings through constitution, the religious leaders should push for the same through the values system and natural law that might reside in the hearts of their congregants.
Most importantly, there is need to unveil the fears covered by the fig leaves on call for rejection of draft based on provision on Kadhi’s courts. The downside of the “No” call by a section of religious leaders is that it will provide an opportunity for political nabobs to cloak Christianity in rejecting the draft.
Kenya has a Chance of a New Start
Kenya has a Chance of a New Start
This week Kenya has defied expectations. Voting in a referendum on a new constitution was peaceful, and yet the changes this piece of paper could make are potentially momentous.Among other proposed changes, It will introduce an impeachable president, MPs recallable by their constituents, a land commission to look at historic injustices, an expanded bill of rights, a reformed judiciary. These are causes for which generations of opposition leaders have fought. It took a fraud-plagued election in 2007, in which Kenya teetered on the edge of civil war, to put this on the agenda, as a requirement of the peace deal. It is not a magic wand, but as many pundits have put it – it is a chance for a new beginning.
The campaigning has not been wholly peaceful – six died in grenade attacks at a "no" rally at the start. And the old monsters of Kenya's patrician past have not melted quietly away. Former president Daniel Arap Moi, who suppressed the first major push for constitutional reform by force, was back in his helicopter urging people to vote no, claiming the constitution had been written by outsiders and would stir up ethnic tension. His critics suspect he is more concerned about his vast land holdings, which could be subject of official investigation.
As Kenyans prepare for the implementation of a new constitution, in the expectation of a Yes vote, attention will turn to technical questions of implementation. The Proposed Constitution (PC) sets out in some detail how the old order will give way to the new, and how that new order will be made a reality. On the ‘effective date’, at most 14 days after a positive referendum result, the new constitution will come into force, repealing the old. While most provisions, including the expansive bill of rights, will come into effect immediately, some, particularly about the executive and the legislature, and devolution, will not do so until the next general elections. Meanwhile a programme of extensive legislative and administrative changes will begin. A new commission on implementation will have a major responsibility to ensure that the new constitutional order is fully established in about five years.
While we cannot explore the scheme for the transition in detail nor discuss the implementation in full, it is critical to point out a few realities. Immensely critical are the social and political processes, the interplay of economic, social and ideological interests, which influence, and often determine, the impact of constitutions. A great deal of effort has gone into crafting the PC so that its values and structures will impose themselves on state and society, with much attention to enforcement and remedies. However, the internal logic and dynamics of the constitution will have to compete with the larger social forces, the most powerful of which may have little commitment to its values.
It is one thing to make a constitution. It is quite another to breathe life into it, making it a living, vibrant document which affects, and hopefully improves, the reality of people’s life, which they use in their daily existence, which governs and controls the exercise of state power, and which promotes the values and aspirations expressed in it. The fortunes of a constitution are shaped by many factors: personalities and elites, political parties and other organisations, social structures, economic changes, traditions of constitutionalism – and by the rules and institutions in the constitution itself.
Older constitutions were instruments of rule: by one community, class or region. The constitution recognised the dominance of that group and provided the legal basis for its rule, but did not create that rule, which was founded on its dominance in social and economic spheres. In these circumstances, the constitution was effective as an instrument of governance.
Many recent constitutions have resulted from a stalemate when no competing group is able to win an outright victory. This imbalance is often reflected in the constitution. Some constitutions are truces; the fundamental problems are not solved. Instead a framework for competing parties to work together is established (as with our Grand Coalition). Some constitutions have been made under considerable external pressure, often in tandem with key elements in civil society. The fluid political situation, which allows a highly participatory process of constitution making, results in a curious phenomenon: the imposition of the constitution by relatively weak and unorganised groups on the ruling class. But the absence of a dominant group committed to the constitution makes its implementation problematic.
Older constitutions dealt mainly with the system of government, establishing principal state institutions, distributing functions and powers among them, and providing some basic rules for relationships among them. They did not explicitly aim to change society. Today’s constitutions seek to solve social and political problems: of accountability, corruption, environment, poverty, equitable distribution of property and other resources, recognition of new and multiple forms of identity, and the democratisation of the party-political organisations and processes. In multi-ethnic societies, constitutions have also to deal with relations among ethnic, linguistic and religious communities and between them and the state.
A major obstacle to the implementation of such a constitution is that the state in a country like Kenya is the primary source of power and wealth in society. Corruption is the principal vehicle for accumulation. Since a major preoccupation of the Proposed Constitution is to safeguard public resources from plunder, the only way the ruling class would achieve its objectives is by systematic violation of the constitution, benefiting from impunities that our legal system has bestowed on them. Since the state is so dominant locally – the lasting legacy of colonialism – the question is whether those who are committed to reform of the state will be able to impose the discipline of the constitution on the ruling class, the principal and direct beneficiaries of the state. For though politicians and bureaucrats seem to fight each other, as in the referendum campaign, they are bonded by common interests as a class and will collectively resist reforms. The resilience of social traditions, ideologies, and institutions is a major obstacle to progressive social reform and change. Economic entrepreneurs, who might be expected to favour constitutionalism as the framework for the market, still seek the favours of the state and acquiesce in, if not to promote, the acquisitive state.
The viability and success of a constitution presupposes constitutionalism, a belief in the value of restrictions on power, and the practice of the rule of law, with the emphasis on rules and their enforcement. Paradoxically, countries like Kenya which try to use the constitution for social transformation lack the traditions from which these ideologies spring. This situation is aggravated by a lack of knowledge of the role and content of the constitution among those who would benefit from respect and enforcement of the constitution.
The Kenyan state was born in violence, and has been sustained by violence. Its function has been the plunder of the people and their resources. The ambition of the Proposed Draft is to turn the state towards the service of the people and the moulding of a common identity and loyalties, transcending both corruption and ethnicity. It is to be sustained by its legitimacy, not coercion.
One urgent prerequisite for achieving this objective is the end of impunity, for which an independent, committed and competent judiciary is essential. Another is the implementation of reforms of political parties, which, as in legislation now, current leaders and their followers have steadfastly violated. Most of all, we need to move away from politics as the preserve of millionaires to the birthright of all wananchi.
The new constitution is made by the people, for the people. It is people-centred, the very first article proclaiming their sovereignty, unlike the current one which proclaims the sovereignty of the president. The most essential prerequisite for success of the constitution is that the people act as the custodian of this, their constitution. They should remain engaged in the politics of constitution, with renewed vigour after the referendum. They must use the many opportunities of participation opened by the constitution, at different levels of the state, to advance the fight against corruption and against pervasive poverty. They must transcend the politics of ethnicity, manufactured by politicians to obscure the mechanics and immorality of plunder. They must hold onto the vision of a Kenya that they helped to shape, in numerous meetings and submissions over the years – of a democratic and caring society, based on inclusion and social justice, fundamental human rights, respect for cultural differences but united in our search for harmony and unity, and the common commitment to the worth and dignity of us all.
This week Kenya has defied expectations. Voting in a referendum on a new constitution was peaceful, and yet the changes this piece of paper could make are potentially momentous.Among other proposed changes, It will introduce an impeachable president, MPs recallable by their constituents, a land commission to look at historic injustices, an expanded bill of rights, a reformed judiciary. These are causes for which generations of opposition leaders have fought. It took a fraud-plagued election in 2007, in which Kenya teetered on the edge of civil war, to put this on the agenda, as a requirement of the peace deal. It is not a magic wand, but as many pundits have put it – it is a chance for a new beginning.
The campaigning has not been wholly peaceful – six died in grenade attacks at a "no" rally at the start. And the old monsters of Kenya's patrician past have not melted quietly away. Former president Daniel Arap Moi, who suppressed the first major push for constitutional reform by force, was back in his helicopter urging people to vote no, claiming the constitution had been written by outsiders and would stir up ethnic tension. His critics suspect he is more concerned about his vast land holdings, which could be subject of official investigation.
As Kenyans prepare for the implementation of a new constitution, in the expectation of a Yes vote, attention will turn to technical questions of implementation. The Proposed Constitution (PC) sets out in some detail how the old order will give way to the new, and how that new order will be made a reality. On the ‘effective date’, at most 14 days after a positive referendum result, the new constitution will come into force, repealing the old. While most provisions, including the expansive bill of rights, will come into effect immediately, some, particularly about the executive and the legislature, and devolution, will not do so until the next general elections. Meanwhile a programme of extensive legislative and administrative changes will begin. A new commission on implementation will have a major responsibility to ensure that the new constitutional order is fully established in about five years.
While we cannot explore the scheme for the transition in detail nor discuss the implementation in full, it is critical to point out a few realities. Immensely critical are the social and political processes, the interplay of economic, social and ideological interests, which influence, and often determine, the impact of constitutions. A great deal of effort has gone into crafting the PC so that its values and structures will impose themselves on state and society, with much attention to enforcement and remedies. However, the internal logic and dynamics of the constitution will have to compete with the larger social forces, the most powerful of which may have little commitment to its values.
It is one thing to make a constitution. It is quite another to breathe life into it, making it a living, vibrant document which affects, and hopefully improves, the reality of people’s life, which they use in their daily existence, which governs and controls the exercise of state power, and which promotes the values and aspirations expressed in it. The fortunes of a constitution are shaped by many factors: personalities and elites, political parties and other organisations, social structures, economic changes, traditions of constitutionalism – and by the rules and institutions in the constitution itself.
Older constitutions were instruments of rule: by one community, class or region. The constitution recognised the dominance of that group and provided the legal basis for its rule, but did not create that rule, which was founded on its dominance in social and economic spheres. In these circumstances, the constitution was effective as an instrument of governance.
Many recent constitutions have resulted from a stalemate when no competing group is able to win an outright victory. This imbalance is often reflected in the constitution. Some constitutions are truces; the fundamental problems are not solved. Instead a framework for competing parties to work together is established (as with our Grand Coalition). Some constitutions have been made under considerable external pressure, often in tandem with key elements in civil society. The fluid political situation, which allows a highly participatory process of constitution making, results in a curious phenomenon: the imposition of the constitution by relatively weak and unorganised groups on the ruling class. But the absence of a dominant group committed to the constitution makes its implementation problematic.
Older constitutions dealt mainly with the system of government, establishing principal state institutions, distributing functions and powers among them, and providing some basic rules for relationships among them. They did not explicitly aim to change society. Today’s constitutions seek to solve social and political problems: of accountability, corruption, environment, poverty, equitable distribution of property and other resources, recognition of new and multiple forms of identity, and the democratisation of the party-political organisations and processes. In multi-ethnic societies, constitutions have also to deal with relations among ethnic, linguistic and religious communities and between them and the state.
A major obstacle to the implementation of such a constitution is that the state in a country like Kenya is the primary source of power and wealth in society. Corruption is the principal vehicle for accumulation. Since a major preoccupation of the Proposed Constitution is to safeguard public resources from plunder, the only way the ruling class would achieve its objectives is by systematic violation of the constitution, benefiting from impunities that our legal system has bestowed on them. Since the state is so dominant locally – the lasting legacy of colonialism – the question is whether those who are committed to reform of the state will be able to impose the discipline of the constitution on the ruling class, the principal and direct beneficiaries of the state. For though politicians and bureaucrats seem to fight each other, as in the referendum campaign, they are bonded by common interests as a class and will collectively resist reforms. The resilience of social traditions, ideologies, and institutions is a major obstacle to progressive social reform and change. Economic entrepreneurs, who might be expected to favour constitutionalism as the framework for the market, still seek the favours of the state and acquiesce in, if not to promote, the acquisitive state.
The viability and success of a constitution presupposes constitutionalism, a belief in the value of restrictions on power, and the practice of the rule of law, with the emphasis on rules and their enforcement. Paradoxically, countries like Kenya which try to use the constitution for social transformation lack the traditions from which these ideologies spring. This situation is aggravated by a lack of knowledge of the role and content of the constitution among those who would benefit from respect and enforcement of the constitution.
The Kenyan state was born in violence, and has been sustained by violence. Its function has been the plunder of the people and their resources. The ambition of the Proposed Draft is to turn the state towards the service of the people and the moulding of a common identity and loyalties, transcending both corruption and ethnicity. It is to be sustained by its legitimacy, not coercion.
One urgent prerequisite for achieving this objective is the end of impunity, for which an independent, committed and competent judiciary is essential. Another is the implementation of reforms of political parties, which, as in legislation now, current leaders and their followers have steadfastly violated. Most of all, we need to move away from politics as the preserve of millionaires to the birthright of all wananchi.
The new constitution is made by the people, for the people. It is people-centred, the very first article proclaiming their sovereignty, unlike the current one which proclaims the sovereignty of the president. The most essential prerequisite for success of the constitution is that the people act as the custodian of this, their constitution. They should remain engaged in the politics of constitution, with renewed vigour after the referendum. They must use the many opportunities of participation opened by the constitution, at different levels of the state, to advance the fight against corruption and against pervasive poverty. They must transcend the politics of ethnicity, manufactured by politicians to obscure the mechanics and immorality of plunder. They must hold onto the vision of a Kenya that they helped to shape, in numerous meetings and submissions over the years – of a democratic and caring society, based on inclusion and social justice, fundamental human rights, respect for cultural differences but united in our search for harmony and unity, and the common commitment to the worth and dignity of us all.
SETTING THE RECORDS ON KADHI COURTS IN KENYA
Setting the records on Kadhi Courts in Kenya
The proposed Draft Constitution published has generated a lot of debate and discussion as was expected and required under the Law. Among the many Provisions of the Draft Bill that came under scrutiny and analysis was the one dealing with the Kadhis Courts judging by the copious amount of correspondence and arguments for and against that have appeared in the press. This article aims at informing the on-going debate by setting out some of the basic facts about the Kadhis Courts that appear to have been ignored in the debate and analysis.
It is important to approach every issue calmly and objectively and not subjectively, emotionally and with a pre-conceived idea/mind. But much more importantly, it is crucial to get all the facts correct about any issue before jumping to conclusion. It is only then that one can make an informed decision. An objective and honest discussion about the Kadhis Courts must consider their history and present status, the Commission's mandate and what the people said before coming to the stage of analysing the present draft constitution.
Historically, Kadhis Courts existed in the East Coast of Africa long before colonization. In Kenya, they existed in the Coast, which at the time of colonization, was under the Sultan of Zanzibar. In 1895, the Sultan gave the British power to administer the 10 mile coastal strip subject to their respecting the existing Kadhis Courts among other conditions.
The British did so and declared a protectorate over the coast while the rest of Kenya was a colony proper. The Sultan however retained sovereignty over the 10 mile coastal strip. During the last years of the independence struggle and at the start of the Lancaster House Constitutional talks in 1961, the status and fate of the coastal strip came up for determination. The British organised separate talks for the delegates from the protectorate of the coast and those from the Kenya Colony. The British Government and Sultan of Zanzibar also appointed a Commissioner, Mr. James R. Robertson, to study the issue of the coastal strip, consult all those concerned and report to them. In his report, entitled, "The Kenya Coastal Strip – Report by the Commissioner", he reported that opinion was divided as to whether the coastal strip should join Kenya, or be declared inde¬pendent on its own, or reverted back to the Sultan of Zanzibar.
He however recommended that it should be joined with Kenya sub¬ject to the Kenya Government guaranteeing to respect the exist¬ence of the Kadhis Courts among other conditions. The Prime Min¬ister of Kenya, Jomo Kenyatta and the Prime Minister of Zanzibar, Mr. Shamte on behalf of the Sultan of Zanzibar, then signed an agreement in October, 1963, in the form of an exchange of letters whereby the Sultan of Zanzibar relinquished/surrendered his claim of sovereignty over the coast to Kenya in return for Mzee Kenyatta guaranteeing the continued existence of the Kadhis Courts among other guarantees. When the independence constitution was written, the Kadhis Courts were enshrined under the chapter on Judiciary.
At Independence, the Kenya Government expressed its sovereign desire not to be bound automatically by all the pre-independence treaties and agreements entered into by the colonial Govern¬ment. By his note reference EXT. 237/003A of 25th March, 1964, addressed to the Secretary General of the United Nations, Mzee Jomo Kenyatta informed the United Nations of the Kenya Govern¬ment's intention to review all pre-independence treaties and agree¬ments and determine which agreements will be honoured by the Government and those which will be abrogated or modified after appropriate notice to the interested parties.
It is important to note that the 1963 agreement between the Ken¬ya Government and the Sultan of Zanzibar concerning the Kenya Coastal Strip and the preservation of the Kadhis Courts was among those agreements that were immediately honoured by the newly independent Kenya Government. This is proved by the fact that the independence constitution of 1963 enshrined the Kadhis Courts under Chapter 5 in the Judiciary and thereafter Parliament passed the Kadhis Courts Act, the Mohammedan Marriage and Divorce Registration Act and the Mohammedan Marriage, Divorce and Suc¬cession Act to make these courts fully operational and functioning. At independence, the Kadhis Court were 3. In 1967, the Kadhis
Courts Act was passed which increased the courts to 6. They have subsequently been increased and today they are more than a dozen spread over the country.
The Kadhis Courts were entrenched in the constitution as a meas¬ure of safeguarding the integrity of the agreement reached on them. If the courts were established under Ordinary Law by an Act of Parliament alone, then it would have made them vulnerable since any decision to abolish them would have required a simple majority of the members of parliament to repeal the Act. Under the present standing orders of Parliament which sets the quorum of the house at 30, it means that only sixteen (16) Members of Parliament could do so. In contrast, to abolish the courts as enshrined in the constitution would require a two-thirds (2/3) majority in Parliament. As a minority therefore the Muslims in Kenya find great relief and solace in the entrenchment of the Kadhis Courts in the Constitution.
Section 66 of the current constitution provides for the Chief Kadhi and Kadhi's Courts and states their powers as being to decide on is¬sues of Muslim personal law between Muslims i.e marriage, divorce and inheritance.
The Commission's mandate under the Law is to collect, collate and analyse the views of Kenyans on changes to be made to the con¬stitution and to recommend amendments or other changes thereto which faithfully reflects the views and wishes of Kenyans. The com¬mission was to study the judiciary, among other institutions, and seek people's views on how the judiciary could be improved. The Kadhis Courts are part of the judiciary and the legal systems. When the commission issued "issues and questions" for public hearing to guide the people in the collection of the views, the same contained questions on what was to be done to the Chief Kadhi and Kadhis Courts. Many of the people, organizations and experts who gave views on the Kadhis courts did not at all question their existence but advocated for their retention with some improvements or modifica¬tions. The Muslims generally asked for the enhancement of the role and status of the courts while in some cases like in N.E. Province, they asked for the full application of Sharia Law in their areas.
The team of judicial experts and eminent scholars from the Com¬monwealth in their report on the judiciary also recommended the re¬tention of the Kadhis Courts in their present form. A group of Human Rights and Legal Organisations such as Kenya Human Rights Com¬mission (KHRC), Law Society of Kenya (LSK), International Com¬mission of Jurists-Kenya Chapter (ICJ), FIDA, etc, also prepared a model constitution under the motto, "Kenya Tuitakayo" (the Kenya we want) and in that model constitution, they also recommended for the retention of the Kadhis Court with their present jurisdiction and for the Chief Kadhi to have minimum academic qualification and to enjoy the same status and privileges as a High Court Judge.
In recommending improvements to the Kadhis Courts, the commis¬sion was faithfully reflecting an analysis of the views it received. It is therefore wrong to suggest that CKRC is favouring Muslims or creating parallel court structure or introducing Sharia Law through the back door. The commission did not receive any views for the creation of courts for Jews, Hindus or others. Sharia Law is not be¬ing introduced as the jurisdiction of the Kadhis Courts are clearly confined to matters of personal Law between Muslims. There will be no stoning to death for adultery or cutting of hands even for the Muslims in Kenya as this is covered by Islamic Criminal Law which is not permitted here in Kenya either in the present constitution or under the new draft bill.
The Kadhis Courts do not exist in Kenya alone. Several countries in Africa and the Commonwealth that have a significant population of Muslims provide for these courts in their constitutions and Laws to cater for the regulation of the personal status of their Muslim Citi-zens. Save for those countries that have established Islamic states which apply Islamic Law throughout the country, other states tend to limit the jurisdiction of these Courts to matters affecting the personal status of the Muslims. In some cases, the jurisdiction is exclusive to the Kadhis Courts while in others the Courts are established as subordinate Courts to the Secular High Courts or Supreme Court.
The Kadhis Courts should be seen in the context of the judiciary and the legal system and not as a religious or Muslim issue alone. Those opposing the Kadhis Courts and making allegation of bias for Muslims are politicising the issue and creating unnecessary tension and disharmony between the Muslims and their Kenyan brothers and sisters.
By whipping up emotions of other people who may not have all the facts before them, these people are undermining the goals of the constitutional review process which is inter alia to unite the country and to respect and promote the ethnic and religious diversity of the people of Kenya. It is the hope of all those who wish to see the con¬tinuation of the peace and harmony that exists between the different religious communities in Kenya that men and women of goodwill in Kenya will see through the propaganda war being waged against the Kadhis Courts and support the recommendations of CKRC which is a faithful reflection and analysis of the views received from the people.
PREACHING WATER AND DRINKING WINE
PREACHING WATER AND DRINKING WINE
The ‘Crucified’
No one living in our world today, needs convincing that poverty crucifies its victims. It comes mostly in the lack of access to basic needs like food, water, health etc. Little wonder then that the poor are, sometimes, referred to as “the crucified.”
There’s no denying that in our country the majority fall under this seemingly condemned category. The Church says it has a preferential option for the poor. It preaches the Good News. But what is Good News to a crucified people? Put another way; what does the Church do, when the dominant economic and political structures worsen, instead of alleviating, the plight of the poor?
This May, as we celebrate Labour Day, the workers day, we critically examine the Church’s role as an employer, and get a glimpse of significant insights into the church’s labour force.
A Call to Restore Dignity for all
To be incarnate, the Church must enter the conflict-ridden, messy path of history on the side of the poor, no matter what the cost. Among those who understood this, was the late Archbishop Oscar Romero, brutally slain in March 1980 by the repressive regime of
The people of
The Church as an Employer
Today, looking within the “wounds of the people,” one hardly finds representatives of the Church. Yet the political dimensions of the Gospel are undeniable. Miriam, a young lady in
Sounds deplorable, unimaginable? Picture another case: Peter, a Catechist in one of the parishes in
Food for Thought
In a new book on ministerial formation in Africa today, a lecturer at
In a sense, the student’s comment is ignorant, cynical or even anti-church. Across
Is it a Case of Exaggerated Whining?
At a recent Eastern Africa workshop in
A former church worker told me: “Your church boss thinks your salary is just for you alone. He never considers that you have many obligations to family and relatives and that you have ambitions.” In the past week, I have separately heard from two dejected church employees (without going out to look for them for this article). They described how they are fed up with their little salaries in addition to the suffocating management style at their workplace. They no longer enjoy their work and only turn up at the office every morning because they must stay alive. They are desperate to leave.
No Workplace is
Well, it is doubtful there is a workplace under the sun where all employees are living their career dreams. But people expect the church to be a better employer than the government or private business. After all, churches are not motivated by profit or praise but by love of service. And they need no tutorials on how to value the human person. Of course, there are practical limitations. Church organizations in
For the sake of an argument, why would a donor organization within the fraternity of the Church set up a management system that fully appreciates their workers, compensate them reasonably well according to the prevailing professional standards and at the same time fail to impart the same ideals of worker management to the recipients of it donations? The funded agencies run programmes where workers are treated like beggars, notwithstanding their professional qualifications and experience.
Poor Management Practice
But perhaps, most frustrating of all for lay professionals in church service is the awful management. Today, organizational leadership is a skilled task requiring high levels of training and attitude change. Only a competent, open-minded and fully engaged manager can lead a team of professionals to not just deliver targets but also find personal satisfaction in their work. In the market driven secular world, employer- employee relationships are governed by the capacity to deliver, professionalism and open accountability. Workers are given the opportunity to participate in decisions making and so are bound by the same decisions.
Yet one still finds outdated, stifling practice in church institutions, where theological training is all one needs to be appointed head of an institution or department. Many highly competent and conscientious lay professionals are frustrated by this glass ceiling. It would be hypocritical of the church to preach justice and peace, and proclaim a preferential option for the poor, while every evening its own workers return home to their families sullen and unsure of tomorrow. The church needs their skills and enthusiasm for effective evangelization. They should be compensated adequately.
Are we the
If the Church is apostolic, to whom is it sent? If she’s Catholic, why is she so often parochial and defensive? What does it mean to preach liberty to the oppressed? If speaking truth to power is not Jesus Nazareth’s message, then what is? If the Church does not involve herself in the socio-political world, how will she disperse the Grace to people of good will?
The Church is, obviously, losing in the realm of evangelisation because it has not taken to heart its pastoral response to the structural faults of our world. There’s an overriding necessity for justice for the majority that she is not passionate enough about. Our times cannot afford a situation where the Gospel is nothing but a taming tool for the people to accept the structural sin of modern systems. The Church needs to stand and not only defend those within its fold but also give them the necessary means to be true witnesses to the love of the resurrected One.
Religion is the most radical message of freedom this world has ever seen, for this very reason, the Church needs to go beyond mere speak and put the liberating message to use. Archbishop Romero saw it thus: “A Church that tries to keep itself pure and uncontaminated would not be a
And the Church is not only structures and representatives, but its people also. Her role, beyond saving souls, is to give the suffering redemptive meaning, and a new impulse for hope.
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