MPs make headway in bid to strike consensus

• Clerics agree with Mugo’s proposal to amend the abortion clause

Efforts to strike consensus on contentious issues in the draft law appeared to yield results on Friday after the clergy backed proposals to amend the abortion clause.

It was one of the highlights of a meeting of 30 MPs from across the political divide seeking to end the antagonism on the draft between PNU and ODM.

MPs are preparing for the epic debate on the draft next Tuesday fully aware of the uphill task of amending any clause – it would require a two-thirds majority. This is said to be the reason they have been engaged in the drive to reach agreement ahead of debate on sticky issues.

Public Health minister Beth Mugo announced that she would propose an amendment in Parliament to change the controversial clause outlawing abortion to allow expectant women to access emergency medical treatment in the face of complications. The amendment will not, however, allow expectant women to terminate pregnancy.

Churches have threatened to shoot down the draft on the grounds that it legalises abortion.

ODM lawmakers John Mbadi and Rachel Shebesh, however, walked out of the meeting, claiming the conveners had a sinister motive.

However, Cabinet ministers Najib Balala, Naomi Shaban and Garsen MP Danson Mungatana, who was the convener, urged the lawmakers to work towards a consensus.

“We have met here as a parliamentary caucus to support efforts to get a new constitution. We will try to build consensus on all issues before it is tabled in Parliament on Tuesday,” said Mr Mungatana.

Later, the Garsen MP and 84 other lawmakers held a meeting to petition National Assembly Speaker Kenneth Marende on the need to build consensus among MPs.

Konoin MP Julius Kones is the secretary of the Parliamentary Caucus Group.

Agriculture minister William Ruto supported the fresh initiative to strike a consensus on the draft, arguing it was the only way to give Kenyans a new constitution.

“I fully support the consensus efforts being made because we need to give Kenyans a new constitution,” he said.

Differences between PNU and ODM on the draft led to the cancellation of a scheduled meeting in Naivasha this weekend to reach a consensus on sticky issues that are likely to derail the review.

Those pushing for changes to the Committee of Experts (CoE) proposals have raised issues on clauses touching on the Legislature, devolution, the Judiciary and transition. Other issues standing out are the kadhi’s courts and abortion.

In their report to the House during the tabling of the suggested law on Tuesday last week, the Parliamentary Select Committee (PSC) on the law review appeared to be accusing the experts of not taking full account of the consensus reached by MPs in Naivasha last month.

PSC chairman Mohammed Abdikadir asked Parliament to consider the four issues and “make appropriate decisions”.

Justice minister Mutula Kilonzo said the CoE draft largely reflected the wishes of Kenyans but it required “a bit of polishing”.

“For example, it sets the date of election as the second Tuesday of August when we all know that budgets run till June 30,” he said.

On Friday, Mrs Mugo said she had held meetings with leaders of various religious organisations, who had all agreed to her proposal to amend the abortion clause to provide for emergency treatment without it being seen as an attempt to procure abortion.

Among the religious leaders were Anglican Church of Kenya (ACK) Archbishop Eliud Wabukala, Supreme Council of Kenya Muslims secretary-general Adan Wachu and the Evangelical Churches representative, Bishop Arthur Kitonga.