Abortion snag in law review

Attorney-General Amos Wako (left) listens to religious leaders as they present their views to the Committee of Experts on Constitutional Review in Nairobi on Thursday. PHOTO/HEZRON NJOROGE

What you need to know:

  • Religious courts also a contentious issue in search for new constitution

Legalisation of abortion and entrenchment of religious courts in the constitution are now the contentious issues in the ongoing review process.

On Thursday, when religious groups met the committee of experts on the review process the two overshadowed discussion on identified contentious issues that the forums have been created for.

The Christians brought up issues of reproductive health, with the church leaders being categorical that abortion should not be legalised.

They told the experts led by chairman Nzamba Kitonga to ensure the constitution defines that life begins at conception.

Opposition
But they received opposition from the pro-abortion crusaders led by Prof Joseph Karanja and Dr Njoroge Waithaka. The two gynaecologists argued that legalising abortion would help reduce the number of maternal fatalities in the country.

“The right to reproductive health should be entrenched in the constitution. The only way we can reduce maternal fatalities in the country is by making abortion rare, safe and legal,” said Prof Karanja amid murmurs from the religious leaders.

On the identified contentious issues, the religious group suggested that the country should have a non-parliamentary executive but some expressed reservation on power shared between a president and a Prime Minister.

The religious group said the President and Vice-President should be elected directly but should not represent any constituency.

“We would suggest that the ministers be appointed from professionals and not members of Parliament. The president also should not represents a constituency,” Rev Charles Kibicho, representing the National Council of Churches of Kenya, said.

The Kenya Episcopal Conference vice chairman, Rev Philip Sulumeti, said Christian courts are unnecessary and the Kadhis courts, if retained in the constitution, should not be expanded.

Other Christian leaders, however, said the Kadhi courts should be removed completely from the Constitution.