20100425
ALL AFRICA

Nairobi — Leaders took firm positions ahead of a consensus meeting between the government and churches on the constitution on Monday morning.

At weekend rallies, political leaders gave not an inch by way of compromise, even as the negotiation team prepared to sit down for give-and-take on the draft.

The church is campaigning for the defeat of the draft constitution because it objects to clauses on abortion and the inclusion of kadhi courts.

Meeting is on

"The meeting is on. We will meet at the office of the President and hear them (church leaders)," said Ms Amina Abdalla, a representative of the government side. The other members of the government team are deputy prime minister Uhuru Kenyatta and Cabinet ministers Mutula Kilonzo, James Orengo, Dr Sally Kosgey, Beth Mugo, Moses Wetangula, Mohammed Elmi, Amason Kingi and Attorney General Amos Wako.

On the churches' side are catholic Bishops Philip Sulumeti and Anthony Muheria, Bishop Jackson Kosgey, presiding Methodist Bishop Stephen Kanyaru, Bishop Winnie Owiti from the Voice of Healing and Salvation and Bishop Barija Kirongah. Others are Bishop Willy Mutiso of the Evangelical Alliance, Bishop Gerry Kibarabara of the Gospel Assemblies of Kenya, Bishop David Oginde of Christ is the Answer and NCCK chairman Rev Charles Kibicho.

Speaking at Yimbo in Bondo District, Prime Minister Raila Odinga appeared to dismiss the consensus efforts, saying: "If there is consensus then there is no need to go to a referendum. People go to a referendum in order to weigh which opinion is stronger and decide on an issue that they have differed on."

He added: "We were in Parliament and we failed to reach consensus and it will be hard for them to reach consensus on those issues that they are talking about." Mr Odinga and his coalition partner, President Kibaki support the draft constitution. On the civil society front, members of the Constitution and Reform Education Consortium, a national coalition of civil society organisations, said demands for consensus on contentious issues ahead of the referendum lacked a legal basis.

Misleading Kenyans

The executive secretary of the group, Mr Kawive Wambua, said those propagating a multi-choice referendum were misleading Kenyans as the law just provided for a Yes or No referendum. Deputy Prime Minister Uhuru Kenyatta last week suggested a multiple choice referendum where the contentious issues would be separated and voted on.

The Constitution of Kenya Review Act which guides the process says during the referendum, voters will only have two options; to accept or reject the proposed laws and if Mr Kenyatta's suggestion is adopted the law will have to be changed. But Higher Education minister William Ruto, a leading proponent of the No opinion, was adamant that the draft must be amended before it goes to the referendum.

Mr Ruto, who was speaking in Trans Mara, said the main difference between the Yes and No teams was that one side wants the amendments to come before the referendum while the other wants the document passed and amended later. The 20-member team has the job of finding a compromise acceptable to churches who have vowed to fight against the draft because of its provisions on abortion and kadhis' courts.