Church on a losing battle

Have Kenya’s Christian leaders lost touch with the public mood? What will be the consequence of this?

Founding president Jomo Kenyatta once described the Christian church as the “conscience of the nation”. No one ever doubted that all these years. But for the first time in Kenya’s history, a clash is looming between the clergy and most of the citizens. It is all about the Proposed Constitution of Kenya which will soon be put to a referendum.

After 20 years of dogged and sometimes bloody agitation for a full review of the current law, the popular view is that the draft constitution, crafted from previous drafts by a committee of experts and revised by a parliamentary select committee, captures the aspirations of Kenyans. On April 1, parliament passed the draft without any amendments.

Its major highlights include an expanded Bill of Rights, provisions for clear checks and balances to end an “imperial” presidency, overhaul of critical state institutions, equity in national resource allocation through devolved government, promotion of gender parity, a fully independent judiciary and a parliament free from executive interference.

The proposed law has united President Mwai Kibaki and his coalition partner and political nemesis, Prime Minister Raila Odinga. They are now going around the country campaigning for a “Yes” vote. Recently the cabinet endorsed the draft.

The latest opinion poll from the respected Synovate research group indicates that 64% of Kenyans would vote “Yes” and only 17% would vote “No”, with 19% undecided.

But churches remain the most adamant opponents of the Proposed Constitution on the grounds that while it expressly bans abortion-on-demand, Article 26 (4) opens the way for a law allowing the procedure. It 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,” the Catholic bishops said on April 16. Protestant and evangelical church leaders hold a similar view.

The churches are also opposed to the retention of Muslim courts to resolve matters of personal law among adherents, saying it would amount to elevating one religion above the others. But President Kibaki (Catholic) and PM Odinga (Anglican) have asked Christians to support the Proposed Constitution and later pursue amendment of the contested clauses.

Talks between the clergy and the government to find a way forward collapsed after the cabinet announced it would not support any amendments to the draft. This means the church leaders will soon embark on national “No” campaigns.

But can the clergy win the hearts and minds of voters? It looks unlikely, and for several reasons. First, on all public contests, including elections and the 2005 constitutional referendum, church leaders always urged their flocks to decide/vote guided by their conscience. The faithful are likely to act on that basis in the coming referendum.

Secondly, the search for a new constitution has gone on for two decades and the public feeling is that the opportunity has finally come. The most powerful argument so far is that there can never be a perfect constitution that fully satisfies everyone.

Thirdly, the church still has a serious image problem since the 2007 election campaigns when prominent clerics were perceived to have taken sides. Today, newspaper commentators, callers to radio and TV talk shows, bloggers and writers on social networking sites urge Kenyans to ignore the clergy and vote “Yes”.

Fourthly, the Proposed Constitution has received overwhelming support from politicians, the media, civil society groups, professional associations and the business community who have very strong voices on national issues.

And finally, Kenyan voters who have read the draft seem to agree with the distinguished law professor and civil rights crusader Mutua Makau that the proposed law is “one of the most progressive constitutions ever written anywhere in the world”.

It appears then that the upcoming referendum will be a contest between the clergy and the citizens. And if the Proposed Constitution of Kenya is passed, church leaders will have a very difficult time rebuilding their public image.