Information & Networking Department
Spiritual Updates
The debate on the constitution of Kenya is going on
ISSUES OF CONCERN IN THE CONSTITUTION
The following issues have been and will remain a grave concern to us with the regard to constitutional review:-
1.The supremacy of God
2.Separation of the state and religion
3.Sanctity of life
4.Marriage
SUPREMACY OF GOD
There is no doubt that Kenyans are extremely religious community who recognize God as the supreme authority in all their affairs. This should be reflected in the constitution as it is our National Anthem. Therefore in the preamble it should be clearly stated that:
Kenya is founded on the supremacy of God and shall be governed in accordance with the constitution and the rule of law.
SEPARATION OF STATE AND RELIGION
Since Kenya is a multi-religious state and therefore we are in support of the constitution should clearly state that
·State and Religion shall be separate
·There shall be no state religion
·All religions shall be treated equally
Therefore we find the following articles in some of the drafts to direct violation and contradiction of the letter and spirit of the above provisions:
a)Islamic and Hindu personal laws
These are religious laws that cannot form source of law that govern Kenyans.
Kenyans want a constitution that provides for FREEDOM OF WORSHIP to people of all faiths but which must remain neutral in order to offer equal protection to all religions.
b)Kadhi courts
We believe that the historical reasons for which Kadhi courts were included in the old constitution have been overtaken by events.
After forty years of independence, the former “subjects” of the sultan of Zanzibar should no longer require any constitutional protection as Kenya is now unified sovereign state where all Kenyans enjoy equality irrespective of their race, gender or religion.
Kenyans are looking forward to a document that will take into account our rich diversity and by addressing the anomalies of the old constitution, unite us as one people of Kenya and not divide us along religious or other lines
c)Judicial Service commission
We also find the provision that a Muslim woman and the chief Kadhi to be in the judicial service commission a contradiction
·Why is it necessary to have religious representation in the judicial service commission?
·Even if there were such a need, why is Islam the only religion represented in the judicial service commission
SANCTITY OF LIFE
The constitution should provide the right for everyone from conception to natural death to live. There should be protection for unborn from being aborted, and the old and infirm from being killed.
Therefore the constitution should state that:
·Life begins at conception
·Every person has a right to life from conception to natural death.
MARRIAGE
Marriage should be between a man and a woman as established by God and not between people of the same sex
Therefore the constitution should state that:-
·There shall be no marriage between a man and a man
·There shall be no marriage between a woman and a woman
ISSUES OF CONCERN IN THE CONSTITUTION
The following issues have been and will remain a grave concern to us with the regard to constitutional review:-
1.The supremacy of God
2.Separation of the state and religion
3.Sanctity of life
4.Marriage
SUPREMACY OF GOD
There is no doubt that Kenyans are extremely religious community who recognize God as the supreme authority in all their affairs. This should be reflected in the constitution as it is our National Anthem. Therefore in the preamble it should be clearly stated that:
Kenya is founded on the supremacy of God and shall be governed in accordance with the constitution and the rule of law.
SEPARATION OF STATE AND RELIGION
Since Kenya is a multi-religious state and therefore we are in support of the constitution should clearly state that
·State and Religion shall be separate
·There shall be no state religion
·All religions shall be treated equally
Therefore we find the following articles in some of the drafts to direct violation and contradiction of the letter and spirit of the above provisions:
a)Islamic and Hindu personal laws
These are religious laws that cannot form source of law that govern Kenyans.
Kenyans want a constitution that provides for FREEDOM OF WORSHIP to people of all faiths but which must remain neutral in order to offer equal protection to all religions.
b)Kadhi courts
We believe that the historical reasons for which Kadhi courts were included in the old constitution have been overtaken by events.
After forty years of independence, the former “subjects” of the sultan of Zanzibar should no longer require any constitutional protection as Kenya is now unified sovereign state where all Kenyans enjoy equality irrespective of their race, gender or religion.
Kenyans are looking forward to a document that will take into account our rich diversity and by addressing the anomalies of the old constitution, unite us as one people of Kenya and not divide us along religious or other lines
c)Judicial Service commission
We also find the provision that a Muslim woman and the chief Kadhi to be in the judicial service commission a contradiction
·Why is it necessary to have religious representation in the judicial service commission?
·Even if there were such a need, why is Islam the only religion represented in the judicial service commission
SANCTITY OF LIFE
The constitution should provide the right for everyone from conception to natural death to live. There should be protection for unborn from being aborted, and the old and infirm from being killed.
Therefore the constitution should state that:
·Life begins at conception
·Every person has a right to life from conception to natural death.
MARRIAGE
Marriage should be between a man and a woman as established by God and not between people of the same sex
Therefore the constitution should state that:-
·There shall be no marriage between a man and a man
·There shall be no marriage between a woman and a woman
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