Dear Brothers and Sisters in Christ

As the referendum to vote for or against the proposed constitution of Kenya comes closer, we the Bishops of the Catholic Church, in solidarity with all Christians and indeed all Kenyans, are praying for a peaceful referendum.

In our previous pastoral letters, we have expressed our deepest dissatisfaction with the current proposed document. And in the civic education that has been held in churches and other public forums, we have explained these issues in great detail.

1.     We all long for a GOOD Constitution.
We Kenyans have all longed and worked hard for our country to get a good constitution. We as your shepherds have always been supportive of a new Constitutional order for our country and have worked long and hard to midwife our country through a new constitutional dispensation, right from the start, through to the Ufungamano talks until today. However while there are positive improvements in the proposed draft, the good has been mixed with evil sections that affect the moral life and rights of this country in irreversible and fundamental ways.

There is a perception that the proposed constitution of Kenya contains what the Kenyan people desire and believe, will fulfill their real needs. Some people think that they know what they want, and they therefore believe that this constitution is the answer to their desires.

After many years of waiting for change, others say that any change will do, a reaction arising from fatigue and previous disappointment.

There are those who think that only a small percentage of the constitution is bad. Unfortunately in this case, what is bad however small is like bad leaven, and transforms and corrupts the whole mass from within.

This document was meant to be a “people driven document” and not a “government project”. That means it should respect the will of the people on the crucial and fundamental issues and not as a secondary concession.

We cannot place our hopes on the fact that the document can be amended after the referendum. Looking at the proposed draft however, amending this document will be an enormous task. For example:

·         A popular amendment will require one million signatures of registered voters.

·         The bill must be approved by the majority of the 47 counties

·         After this it will be tabled in the two houses of parliament before being submitted to the people for another referendum.

·         This process cannot take place before counties are in existence, and they will only exist in this country after the 2012 general elections.

2.            “Choose life so that you may live”

Brothers and Sisters, we have raised our concerns about Article 26(4) which by other written laws, opens the gates to abortion on demand. The life of a person begins at conception, and unborn babies are therefore human beings, and have a right to life and this document declares that in essence, legislators and “health professionals” should have a free hand in ending the lives of these human beings.

The contradiction is so clearly framed that it lends credence to words once written by Pope John Paul II: “The height of arbitrariness and injustice is reached when certain people, such as physicians or legislators, arrogate to themselves the power to decide who ought to live and who ought to die.” (Encyclical “The Gospel of Life” 2001)

To legalize abortion is to legalize murder of the innocent. As a result, the society will become more violent. If I can kill an unborn child because they are “inconvenient “ or “unwanted”, why refrain from killing others who get in the way of my greed, lust or ambition? Abortion causes harm to the unborn child, it causes harm to the father of the child, and the mother of the child, and to the whole society in general.

Abortion is not good for our country, and the majority of Kenyans do not want abortion in this country. It has been introduced in this process contrary to the majority’s will, making the proposed draft an undemocratic document.

On this ground alone and to reject the imposition of a fundamentally anti life law, we urge all Christians to vote NO to this draft.

3.     We warn that it will bring in un-ethical, un-african and un-Godly lifestyles
The ambiguity of the singling out of “reproductive health” among rights to health, which we know has been defined in the other international fora as being a “right to abortion”, is also disconcerting. There is concern that the rights of the family and the parents have not been properly defended; that there is still an opening for gay marriages; Still more we assure you that the concern is real considering that the same avenue has been used in other African countries, to bring in Un-African and Un-Ethical laws.

4.     Justice demands that all citizens be treated equally in a constitution
We have also raised other areas of concern that this constitution fails to safeguard. These include the EQUALITY of all persons and creeds under the law, which the entrenching of Kadhi’s courts in the constitution denies. We have no problem with our Muslim brothers and sisters exercising their religious freedom. All we wish is that it be done in equity, by pursuing what has been done the world over, through an act of parliament, and for this we made specific proposals to the Committee of Experts.

Our stand is not a POLITICAL STAND, but a MORAL STAND as the stewards of morality and fulfilling the prophetic mission given us by Jesus Christ! We fulfill our mission by trying to explain to you adverse dangers posed by the proposed constitution. We pray that you will “choose life, so that you and your generations may live”.

5.     A call to witness in PEACE, understanding and LOVE
Finally and most importantly, We the Catholic Bishops wish to remind Kenyans of the effects of the post electoral violence that took toll over the lives of innocent Kenyans especially those of women and children and that are still felt to date with displaced persons still living in camps in deplorable conditions. Let all Christians, all Kenyans of good will, and people who fear and respect God, remain calm and peaceful during the campaign period and especially during and after the voting day. Let us see this referendum as an opportunity to unite Kenyans beyond the divides of ethnicity or opinion. Let us witness to our Christians faith by being catalysts of peace and respect even in these difficult times.

6.     Raise your hearts in prayer!
Above all, dear people of God, Let us pray and pray with faith for our nation, for all Kenyans, for the defense of life, and for a future that respects God’s laws, because prayer conquers all!