Referendum: Why ODM-Scandinavia Says “Yes”

Party Statement from Stockholm Headquarters

With the presentation of the Draft Constitution to Kenya’s Attorney General Mr. Amos Wako after the document sailed through Parliament, and with Wako’s assertion that the publication of the Draft was “unstoppable” the stage has been set for a duel between the “Yes” advocates and their “No” proponents.

From the point of view of ODM-Scandinavia, Kenya media reports, observation from the ground, opinion polls and other indices, it is unlikely that the Draft will fail to pass at the Referendum and for ODM-Scandinavia, the question that could be posed is the magnitude with which the “Yes” campaigners will carry the day. As the Party branch begins a campaign for a “Yes” vote, it is important to embark on a continuous challenge of the key reasons being advanced by the “No” side to lure gullible Kenyans to the “No” camp.

The “No” camp is being led by the Church and one pathological liar called William Ruto who was recently demoted from his Cabinet position of Minister of Agriculture to head the lukewarm Ministry of Higher Education. Although Ruto is not officially in cahoots with the mischievous Church leaders out to mislead the Nation, the biggest lie being propagated by the Church is that the Draft legalizes abortion.

According to the Draft, the right to life is clearly outlined in Section 26 which also affirms that life begins at conception. The Draft clearly states that life can only be terminated if, 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.” It is this phrase which the Church is peddling to argue that the Draft “legalizes abortion”.

Surely, what do you do with a poor underage teenage girl who has been raped and impregnated by a marauding sex-maniac then it turns out that the victim cannot carry the pregnancy to term because of complications? What the Church is saying is that under the circumstances, such a victim should be left to her own devices to risk losing her life in a situation where life could be saved through termination of pregnancy. The view of ODM-Scandinavia is that this position is not only unacceptable but also illogical and inhuman to say the least.

Another bone of contention by the Church is that the Draft should be opposed because it legalizes Kadhi courts. What the Church is not telling the public is that submission to Kadhi courts by practicing Muslims to help sort out domestic cases is voluntary and absolutely optional. The argument that Kadhi courts will help transform Kenya into an Islamic State governed by Sharia Law is the product of high hysteria and should therefore be ignored.

The Church leaders could have had a case if they had presented their own Christian version of “Kdhi courts” to be included in the Draft then met opposition. The reality is that the Church has no such jurisdiction and its opposition to Kadhi courts is driven by imaginary fears of a “Muslim take-over” of Kenya, an eventuality that is practically impossible unless every Kenyan voluntarily converts into Islam then proceeds to another Referendum to vote for Sharia Law.

Further, the Constitution has 21 Chapters with 316 sections. The Church and other disgruntled “No” proponents are taking issue with just two sections to argue that the Constitution needs to be rejected. According to known constitutional making processes around the world, it is virtually impossible to write a perfect Constitution that satisfies everyone and every time a Constitution has to be written, compromises have to be made. In practical terms, a Constitution should be accepted by subjects if they agree with 80-90 percent of the content.

Undoubtedly, the situation could have been different if the Constitution was ambiguous or silent on vital issues touching on Human Freedoms, Human Rights, Media Rights and Freedoms, the structure of government, the Rights of citizens etc. According to the Draft, every vital ingredient necessary in a Constitution is contained therein.

As a Party branch, we wish to state that ODM-Scandinavia does not agree with everything in the Constitution. However, it would be retrogressive for the Party branch to pick on one or two issues as the basis of opposition to the draft unless the issues are “all important” and affecting majority of Kenyan citizens in an adverse way. We believe that the position of the Church on the Draft is adventurist if not meant to attract attention following a steady decline in Church popularity especially among the youth which form majority voters in Kenya.

The Church is known to have taken partisan positions especially during political crisis in Kenya and events during the December 2007 election is a case in point. Secondly, the Church in Kenya has systematically failed to speak up against the unspeakable rot in the Church which has seen repeated cases of sex scandals among top Clergy.

In extreme cases, Church leaders have featured in the Media in cases of sexual molestation of children, corruption, endless infighting and other ailments that call for urgent attention. After failing to speak loudly against these vices, the Church is not in a position to assume a higher moral ground especially on the so called “abortion clauses” in the draft Constitution.  ODM-Scandinavia therefore calls on Kenyans to reject the Church position and vote a resounding “Yes”.

Mrs Hellen Opwapo
Chairlady,
ODM-Scandinavia Executive Committee

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