WHY I SUPPORT THE KADHIS COURTS IN THE DRAFT CONSTITUTION

The Catholic Church and evangelical leaders in Kenya have come out fighting against the Kadhis Courts as espoused in the Draft Constitution. In their vehement uninformed but loud alterations, they have wasted no opportunity to jump from this media house to the next, repeating the same arguments, the same one sided ‘xenophobic’ statements and not bothering to listen to the other voices in this debate.

In fact, it’s clear now than ever before that they are not about to listen to any one. They either have it their way, or else they sabotage Kenya’s quest for a new constitutional dispensation. But really, are kadhis courts that bad? Are they the Achilles Heels of this Draft Constitution? Are they so dangerous that they can plunge this nation into a state of anarchy as the religious leaders expect us to believe? If they are dangerous, when have we ever had religious violence in Kenya?

I beg to submit that these courts are harmless, and are only enshrined in the constitution to protect the interests and the way of life of the Kenyan human beings who ascribe to the Islamic religion and its resultant way of life. While the Christians or people who profess the Christian religion in Kenya are a large majority, they should not misuse their numbers by constricting the freedoms and livelihoods of the minority, in this case Muslims. Indeed, a society that gives the majority its way, but refuses to protect the rights of the minority is a society on a self destruct mode. Our strength as a nation does not stem from our seamless homogeneity, nay, it stems from our respect for diversity and tolerance for others religions, cultures and way of life.

The Christian leaders claim that the Draft Constitution regards all the religions as equal but goes further to give Kadhis courts more prominence than the other religions. This is just a blatant lie. In truth, a proper and objective context of this assertion can only be found through a rigorous analysis of the concept and background of the constitution in place right now. Indeed, the Constitution as currently structured and even the form of government we now have is a relic of colonial times, inherited stock and barrel from the departing missionary colonial chiefs. Only cosmetic changes were introduced to recognize in passing the customary/traditional laws that our ancestors used to ascribe to.

Hence, it’s important to note that the current constitution is based fully on the principles and values of a Christian way of life. For instance, things like polygamy are frowned upon if they are to be conducted by the state, both in the constitution and in Christianity. But the Islamic Community bases its livelihood on the constitution and some core principles of the Islamic religion, hence in matters to do with civil issues, they ascribe to a law that is in fact repugnant to mainstream Christian churches doctrines and teachings. The constitution has to respect this fact, and protect the minority by providing for courts that can expressly interpret such issues!

Otherwise, it will be a human rights violation to enforce a law based on Christian fundamental beliefs to people who profess the Muslim faith, especially on civil matters. What the Kenyan Christian are trying to do to Muslims in Kenya, is exactly what the Muslims in Sudan have been doing to their Christian counterparts in Sudan.

The Christian leaders’ further claim that if Muslims have their courts, then Christians should also be allowed to have similar courts enshrined in the constitution. But then, is this even feasible? Or is it a reflex reaction based not on any factual objective explanation but motivated by petty jealousy and xenophobic tendencies? Are Christian denominations even organized in their doctrines, or haven’t we witnessed endless confrontations, disagreements, confusion, on all things Christian except their collective love for Jesus Christ? Then what court would fit this scenario, and of what use will it be?

Let Kadhis Courts be, if they are meant to handle civil issues between people who ascribe to that way of life, then so be it. If your religion is and must always be right, then you are the problem, not religion. As religious leaders waste their energies on this debate, the 2012 elections are fast approaching, and Kenya like a derailed train continues hurtling down the hill without a cogent set of reforms to our political systems, electoral processes, judiciary, ad infinitum. Impunity continues to reign supreme, corruption and ethnic balkanization continues unabated. Like a time bomb, the clock ticks away to yet another divisive electoral process, my question to these leaders, where will you be immediately after the 2012 elections, especially if the elections will have been carried out under the current constitution?

Stop distracting us, Kadhis courts are not the problem, we know what Kenya’s problem are!!!!!!

JEFF MAKEKE

NAIROBI