statement from catholic bishops on constitution

8/9/2019 Statement From Catholic Bishops on Constitution

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STATEMENT FROM CATHOLIC BISHOPSKENYA EPISCOPAL CONFERENCE

STAND UP FOR LIFE!

Dear Brothers and Sisters,

Greetings in the name of the Risen Lord.

We are all aware that a Referendum on the Proposed Constitution for Kenya will takeplace later in 2010. As Bishops of the Catholic Church in Kenya, we are supportive of anew Constitutional Order for our country and have worked long and hard to bring theprocess to its present state. We encourage all of you to prepare carefully for thisimportant event by first of all registering, and then on Referendum day, to go out and

vote.

It is our duty, as moral leaders and shepherds of the Catholic Church in Kenya, topresent for your reflection certain, serious problems connected with Article 26(paragraph 4) of the Proposed Constitution. In order to refresh your memories, thisarticle states:

Abortion is not permitted unless, in the opinion of a trained health professional, thereis need for emergency treatment, or the life or health of the mother is in danger, or ifpermitted by any other written law.

If this article is maintained in the Proposed Constitution as it is, we will be compelledbased on moral grounds to advise the people of Kenya to vote NO.

To begin with, let us be clear on one point. The Catholic Church has always recognisedthe emergency situation when the life of the mother is in danger. The mother has aright to treatment in life-threatening situations. But we have always recognised that

both the mother and the unborn child have an equal, personal right to life.This is already recognised in the Kenya Penal Code. The physician must do all in his/herpower to save the lives of both mother and child. The doctor, by his/her HypocraticOath, is bound to save and protect life. The State must expressly state in its Law torespect, defend and vindicate the rights of both mother and child.

But then, in extending the right of abortion to include a threat to the health of the

pregnant woman, the article is opening the doors to abortion on demand. Those of us who live close to the people know that very many women suffer from ill-health inKenya. There are many endemic diseases throughout this country. Most of them arepreventable and treatable.

Is a danger to the health of the mother a sufficient reason to abort a child in the womb?Is the stress which a young schoolgirl undergoes on discovering that she is pregnant asufficient threat to her health, so that she can demand and obtain an abortion? Further,on the other side of the economic scale, there are elitist groups who demand thatabortion be legalised on spurious health grounds, such as psychological damage to theego, body image or even the need to be accepted among ones peers. All these are

social problems needing various social responses. They should not be addressed asmedical - needing medical solutions.

Where there is a danger to the health of the mother is when she has procured anabortion. There are many trained health professionals who vouch for the fact that the


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guilt or trauma known as post abortion syndrome is a factor that can damage awomans emotional life. This is a result of aborting the child an act that cannot bereversed.

There is another point in Article 26 (paragraph 4) which is not clear. What does it mean

by a trained health professional? Is it a medical doctor, a clinical officer, a nurse, amid-wife, a patient attendant or a Traditional Birth Attendant? All are trained healthprofessionals. In any law and particularly in the fundamental law being proposed fora country the people have a right to precision before being asked to committhemselves to something. Clarification is needed from those who wrote and passed theDraft. We need to know the mind of the legislators. Then it can be stated clearly in theproposed article.

A final ambiguity with Article 26 (paragraph 4) is the phrase any other written law.The Constitution is the supreme law of the land. Are we satisfied with assurances oreven MOUs that changes can take place after the Referendum? Are we prepared to

allow Parliament or a majority of counties to pass other laws on issues of life and death?What is a majority in Parliament or of counties referred to in Article 257 (vii) and(viii)? Do we want another Referendum in the near future? (Article 257 (x)? Can wefinancially afford this? Do we wish to spend time and money in seeking interpretationsfrom the Judiciary?

Nothing and no one can in any way permit the killing of an innocent human being,whether foetus or an embryo, an infant or an adult, an old person or one suffering froman incurable disease or a person who is dying. (Compendium of the Social Teaching ofthe Church No. 108).

We are called upon to do as much as we can to defend the lives of unborn children, who cannot of their nature, defend themselves.Once abortion is sanctioned byparliament and the law, it becomes OK in the minds of many, and as a result a societyloses its respect for the value of human life. Such a society is not a good society: thepractice of abortion has a morally corrosive effect. (A Catholic Catechism No. 332).

Proposals

1. That the Clause 26 (4) be rem oved fro m the Draft Constitution.Reasons

There is insufficient time to achieve consensus and clarify all the issues in a calm,reasoned and unemotional manner.

There is insufficient time for a proper civic education on such grave, moral issuesthat affect life and death.

The present government of Kenya is made up of a Grand Coalition, which itself, is anextraordinary situation. All parties and interests are represented in it. This moralissue in Article 26 (paragraph 4) is not a political party issue.

We believe that an executive order by the President, with the agreement of the PrimeMinister, can delete Article 26 (paragraph 4) and bring the country forward.

The President has stated on at least two public occasions that abortion would not beallowed in any proposed Constitution for Kenya.

The responsibility is now squarely in the hands of the Two Principals PresidentMwai Kibaki and Prime Minister Raila Odinga.


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2. That all Catholics will hold a Prayer Day in Defence of Human Life. The

date, manner and content for this Prayer Day will be communicated ata later date.

Now we turn to Articles 169, 170 and 172(a). The Question of the Kadhi courts has beenlinked by commentators to our views on Article 26. There is no such link.In brief, the articles establish Kadhi Courts as part of our judiciary. In so doing they givea special treatment, to a section of the population that professes the Muslim religion.These courts would then be funded by the state.

The debate on Kadhi courts has been widely misunderstood and has created a lot ofunnecessary suspicion amongst Kenyans on the basis of religion. It is not a Christians

versus Muslims affair. It is simply about equality of all before the state. Here we arestating an anomaly that is in the current constitution and still maintained in theproposed constitution.

It is a question of Justice, not to give privileges to certain Kenyans (as opposed toothers) because of their religion, race or tribe. That is the beginning of discrimination -more so if the issue refers to a religious group. What we are stating is that there is noequity. This right is only reserved to those professing one faith.

Justice calls that the Constitution provide similar rights to other religious groups. Thiscould be regulated by Acts of Parliament. All the Christian churches, Hinduism, Islam,Catholicism etc. which have legitimate concerns, fears or expectations, should rectifyand consolidate these through Acts of Parliament.

All are equal before the supreme law of the land and therefore need to be granted equalopportunity to enjoy all the liberties accorded to others.

In allowing certain groups, whether religious, tribal, geographic or otherwise tonegotiate special privileges that will be enshrined in the constitution, then we shall begoing against the very fundamental principle that we are all equal. We believe a solutioncan be found to provide for the equity that justice calls for and requires.

Let all religions be treated equally as provided for in the very Proposed Constitution.There shall be no state religion (Article 8).

In conclusion, our dear brothers and sisters, we assure you that we are praying with youand for you as we discern the best way forward for Kenya. As your shepherds, we havetried to put forward on many occasions to all forms of committees, groups,commissions and individuals, the legitimate concerns which we have in our heartsconcerning these two Articles of the Proposed Constitution. Our patriotism andcommitment, and that of the estimated Catholic population of one third of the people ofthis land (who are drawn from all parts of Kenya) have never been in doubt. Thecontribution of the Catholic Church to the physical, moral, spiritual, intellectual anddevelopmental aspects of all over the past one hundred years is a matter of publicrecord. We assure you and the people of Kenya that this commitment will continue.

May the Lord strengthen all of us.

Signed


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His Eminence John Cardinal NjueArchbishop of NairobiApostolic Administrator of NgongChairman, Kenya Episcopal Conference

1. Rt. Rev. Philip Sulumeti - Vice Chairman - Kakamega2. Most Rev. Zacchaeus Okoth Kisumu3. Most Rev. Boniface Lele Mombasa4. Most Rev. Peter Kairo Nyeri5. Rt. Rev. Paul Darmanin Garissa

- Apostolic Administrator Malindi6. Rt. Rev. Cornelius K. Arap Korir Eldoret7. Rt. Rev. Joseph Mairura Okemwa Kisii8. Rt. Rev. Philip Anyolo Homa Bay9. Rt. Rev. Alfred Rotich Military

Ordinariate

10.Rt. Rev. Maurice Crowley Kitale11.Rt. Rev. Norman Kingoo Wambua Bungoma12.Rt. Rev. Peter Kihara, IMC Marsabit13.Rt. Rev. David Kamau Nganga - Aux. Bishop Nairobi14.Rt. Rev. Anthony Ireri Mukobo, IMC Isiolo Vicariate15.Rt. Rev. Patrick Harrington Lodwar16.Rt. Rev. Virgilio Pante Maralal17.Rt. Rev. Salesius Mugambi Meru18.Rt. Rev. Luigi Paiaro Nyahururu19.Rt. Rev. Emmanuel Okombo Kericho20.Rt. Rev. Martin Kivuva Musonde Machakos21.Rt. Rev. Anthony Muheria Kitui22.Rt. Rev. James Maria Wainaina Muranga23.Rt. Rev. Paul Kariuki Njiru Embu24.Rt. Rev. Maurice Muhatia Makumba Nakuru25.Rt. Rev. Dominic Kimengich Aux. Bishop Elect Lodwar

Thursday, 15th April 2010

statement from catholic bishops on constitution

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