ODM says Kenya law review on track

Attempts to derail the constitutional review process by 'anti-reform' judges will fail, the Orange Democratic Movement (ODM) has declared.

The party described as ‘political’ Monday’s verdict by three judges on the kadhi courts and welcomed Attorney General Amos Wako intention to appeal the ruling.

The judges declared the inclusion of the kadhi courts in the current law as unconstitutional.

After a three hour joint Parliamentary Group and National Executive Council meeting Tuesday, the party affirmed that the ruling had no effect ‘whatsoever’ on the proposed Constitution as far as the kadhi courts were concerned.

Business

ODM secretary general Anyang’ Nyong’o said it was not the business of the Judiciary to determine what goes into the Constitution.

“Any attempts by anti-reform judges to derail the current reform process is bound to fail,” Prof Nyong’o told journalists at a news conference at Orange House, the party’s headquarters.

In the landmark ruling, the judges sitting as a Constitutional Court, said the decision to include the kadhi courts in the country’s supreme law was an illegality that favoured one religion over the others.

However, the judges reserved their decision on whether the provision should be included in the proposed constitution, which will be subjected to a referendum on August 4. 

ODM was said to have been irked by the fact that it had taken six years for the judgement to be taken on the case. 

This, some party members said, came at a time when the country was gearing up to usher in a new constitution that had eluded the country for two decades.

Livestock assistant minister Aden Duale told the Nation that the country had made several strides in unifying communities that had for a long time lived at loggerheads with each other especially after the 2007 post election violence.

Reverse gains

But he expressed fears that the ruling was meant to reverse these gains.

“That is why we are saying that it is unfair for the Judiciary to come up with such a ruling that is bound to create religious intolerance in the country,” said Mr Duale.