Group wants church and MPs' pact over draft

The Church objects to the section of Article 26 which empowers doctors to end a pregnancy only if it endangers the woman's life or she needs emergency treatment. The section reads:

"Abortion is not permitted unless, 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 law."

Christian leaders are also opposed to the retention of kadhis' courts in the proposed Constitution under Article 169 and 170, which limit their authority to disputes over personal status, marriage, divorce or inheritance, where all the parties are Muslims and agree to take the case to a Kadhi.

On Monday, KEJUDE argued that the church was justified in taking its stand as its leaders “represent an important constituency and the issues they are raising are fundamental.”

Kadhi courts would remain if the draft were rejected at the referendum but Mr Omtatah argued that passing the document containing them would amount to “legitimising the historical mistake made when writing the current Constitution.”

“If they go into the new Constitution, their status changes because they will be there by the mandate of Kenyans. Hence, their substance will change from illegitimate to legitimate even though their form as courts subordinate to the High Court will remain,” said Mr Omtatah.

Muslim leaders and MPs are expected to converge in Nairobi this week to discuss the draft constitution and take a common stand on whether to reject or accept it.