Churches’ stand threaten Agenda Four reforms

The firm stand against the Proposed Constitution taken by Christian Churches is a great threat to Agenda Four reforms, which were the only hope Kenyans had of permanently solving the problems that led to the 2007-8 clashes in this country. Paradoxically, as recently as October last year the NCCK, which is now the most vocal opponent of the Proposed Constitution, issued a statement claiming that the Inter Religious Forum had been monitoring the implementation of the four Agenda Items agreed upon by the Grand Coalition Partners and signed on February 28, 2008. According to the statement the religious leaders had been at the forefront in pressing the coalition partners and the Members of Parliament to fast- track the implementation of the reform agenda.

Strange enough nothing has negated that stand more than the position now taken by the NCCK in opposition to the Proposed Constitution. In October last year the NCCK was concerned about what they referred to as “the absence of the implementation of fundamental reforms identified through the Serena Process as critical in preventing the recurrence of the post election violence.” Ironically it is the attitude now taken by the NCCK that is creating a dangerous situation in Kenya which could push this country right back to where it was soon after the 2007 elections.

In October last year the NCCK said it recognized the cardinal role the people of Kenya must play in holding the coalition partners and the Members of Parliament to implement the agenda. The NCCK then added: “We nonetheless urge the international community to lend a hand where necessary by stepping up the pressure on the government to do its job and safeguard Kenya from sliding into another orgy of violence.”

It seems to me that it is the NCCK, rather than the Government, which needs to listen to the call of the international community this time. For the information of the NCCK the African Union Panel of Eminent African Personalities, which spearheaded peace talks after the 2007-8 clashes, was among the first groups to congratulate the Kenyan Parliament for passing the draft Constitution the Churches are rejecting now.

In hailing the passage of the Proposed Constitution the Eminent Personalities clearly said that by supporting the draft constitution, Kenya’s elected representatives had demonstrated their commitment to fundamental legal and political reform in Kenya. The big questions now puzzling all Kenyans are: What happened to the Churches to make them engage their reverse gear and take a shocking about turn against the people of Kenya? Which invisible power is manipulating the Clergy at the moment?

On the issue of the referendum the Eminent African Personalities are advising Kenyans to vote “YES”. Though they did not use the word “YES” in their statement, they did not mince their words when they said a new Constitution was within Kenya’s grasp. Obviously there could be no new Constitution without the “YES” vote because the “NO” vote is the endorsement of the current Constitution. That is why Eminent Personalities are urging Kenyans to seize this opportunity and make their voices heard in the coming referendum. More than anyone else, the Eminent Africans know it is the “YES” vote that will make sure that “an important component of Kenya’s reform agenda is fulfilled”. That reform agenda is Agenda Four.

The Clergy in Kenya was absolutely right in calling for the voice of the international community to be heard on the matter of speeding up the process that will bring about reforms in this country. I therefore have no apologies to make in reminding them of one powerful voice that has praised Kenyan MPs for passing the Proposed Constitution. This is the voices of none other than the President of United States of America Barack Obama, who has Kenyan blood flowing in his veins. According to Kenya’s authoritative Daily Nation he said President Kibaki and Prime Minister Raila Odinga had done well to rally support from Members of Parliament and welcomed the overwhelming approval of the new law

Churchmen must be told that when they oppose the Proposed Constitution they are hampering the implementation of Agenda Four which they purport to support. According to the Kenya National Dialogue and Reconciliation Monitoring Project of last year on the status of Agenda Four, which deals with long-standing issues that led to the 2007/8 disturbances and solutions, Constitutional reforms are at the core of implementing some of the aspects of Agenda Four. It clearly says without a new constitution, some institutional reforms may not be undertaken and Kenya’s Vision 2030 may not be effectively implemented.

These are the issues closes to the hearts of the suffering wananchi who would like a new Constitution to change the injustices that have taken place in this country since it became independent almost half a century ago. The issues concerned are connected with tackling poverty and inequality, and combating regional development imbalances; tackling unemployment especially among the youth; consolidating national cohesion and unity; addressing transparency, accountability and impunity . All of these goals of Agenda Four cannot be achieved without undertaking constitutional, legal and institutional reforms which the Proposed Constitution takes the most vital step to fulfill.

There are several Articles in the Proposed Constitution that are specifically aimed at tackling poverty and inequality. Article 21 on implementation of rights and fundamental freedoms, for example, says (1) It is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfill the rights and fundamental freedoms in the Bill of Rights. Article 21 (2) says the State shall take legislative, policy and other measures, including the setting of standards, to achieve the progressive realization of the rights guaranteed under Article 43 which deals with Economic and social rights. Strictly speaking these are the rights which make the acceptance or rejection of the Proposed Constitution amount to a battle between the haves and the have-nots.

Article 21(3) says all State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of
society, persons with disabilities, children, youth, members of minority or
marginalized communities, and members of particular ethnic, religious or
cultural communities. Are these the issues which the Clergy is now working against? Kenyans must know that there are very strong forces with tons of money that are determined to make sure that the gap between the haves and the have-nots will never be wiped out by the Proposed Constitution. Hence the mysterious vehement opposition to it by the Churchmen, who, for some very strange reasons, seem to want to kill Agenda Four proposals.Tackling unemployment especially among the youth is yet another target of Agenda Four.

There is little doubt that the post election violence of 2007-8 would not have been so widespread had there not been a huge number of unemployed people ready to commit all sorts of crimes for a small amount of money from the masterminds of the violence. Joblessness is a problem caused by many factors including population explosion and bad governance. The Proposed Constitution is likely to create jobs through a number of ways including devolution and consolidation of national cohesion and unity, which is another goal of Agenda Four.

Marginalization of whole communities due to nepotism has been a major cause of unemployment even among young graduates with good degrees from both national and private universities. Article 56 of the Proposed Constitution deals specifically with minorities and marginalized people. It says the State shall put in place affirmative action programmes designed to ensure that minorities and marginalized groups—(a) participate and are represented in governance and other spheres of life;(b) are provided special opportunities in educational and economic fields;(c) are provided special opportunities for access to employment;(d) develop their cultural values, languages and practices; and(e) have reasonable access to water, health services and infrastructure. Churchmen should not have any excuse to oppose such a proposals.

One of the reasons the country is experiencing high levels of unemployment is due to the lack of an elaborate plan of making the youth of Kenya feel they belong to the country and that they are full participants in the economic development of the nation. Article 55 of the Proposed Constitution says the State shall take measures, including affirmative action programmes, to ensure that the youth—(a) access relevant education and training;(b) have opportunities to associate, be represented and participate in political, social, economic and other spheres of life;(c) access employment; and (d) are protected from harmful cultural practices and exploitation. These are all the aims and aspirations of Agenda Four which can only be accomplished through the Proposed Constitution. Unfortunately now the Churches are against them.

The Proposed Constitution also intends to deal firmly with the problem of corruption which Agenda Four plans to eradicate. Article 79 on legislation to establish the ethics and anti-corruption Commission says Parliament shall enact legislation to establish an independent ethics and anti-corruption commission, which shall be and have the status and powers of a commission under Chapter Fifteen, which is about Commissions and independent Offices ,for purposes of ensuring compliance with, and enforcement of, the provisions of this Chapter. Why the Churches should want to oppose such noble proposals, God alone knows.