Andrew Teyie
5 March 2004
Nairobi — The Ufungamano group yesterday demanded the resignation of Constitution of Kenya Review Commission chairman Yash Pal Ghai and secretary PLO Lumumba, charging that they had taken sides in the Bomas talks.
In an open letter to Attorney-General Amos Wako, representatives of the Ufungamano Initiative, led by the Rev Mutava Musyimi, said the two cannot be honest brokers.
"It is our view that members of the commission who cannot restrain themselves from taking partisan positions on the review process should resign," the letter read in part.
They said the statement represented views from the Catholic Church, National Council of Churches of Kenya (NCCK), Hindu Council, Anglican Church of Kenya, Presbyterian Church of East Africa, the Methodists and the Organisation of African-instituted Churches.
They cited as the reason to Lumumba's views at the weekend on the Kadhi courts, among other contentious issues.
Lumumba tongue-lashed Christian leaders for being 'pretenders to' God's throne.
Yesterday, Ufungamano said: "We have taken issue with the partisan manner in which the conference has handled weighty, contentious matters. We note with deep concern the partisan and public stance taken by Ghai and Lumumba".
The faiths leaders said Kenya was a secular State where religion and State are kept separate.
They demanded that the Kadhi courts be expunged from the draft Constitution.
"We are unable to decipher the logic behind inclusion of Islamic religious courts in the body of the Constitution," the leaders said.
They proposed the creation of a multi-sectoral representative forum to conclude the stalled negotiations on contentious issues. The group that would take over where the consensus group left, should have technical back-up. According to the leaders, the draft should then be taken to a referendum where Kenyans can ratify it.
"The referendum will provide a much needed litmus test on the integrity of the Constitution as reflective of the views of the Kenyan people," the letter avers.
Ufungamano maintained that there should be one centre of power. They stated that sharing of power between the President and a prime minister would cause instability in government.
"The legitimate desire of Kenyans to have the Executive checked (and this) can adequately be addressed by strengthening the other arms of government rather than dividing power between persons within the Executive," the leaders note.
Ufungamano accuses Bomas of sneaking into the draft a majimbo system of government. They said the move would divide Kenyans along ethnic lines. "We believe the proposals for a muffled majimbo system now on the floor of Bomas threatens to divide the country into unviable zones."
The group also argues that the cost of implementing a new Constitution would impoverish Kenyans. They wondered how a Government that cannot support its annual expenditure implement the document. They cited the implementation of second Chamber of Parliament as an unnecessary expenditure.
The leaders cautioned Parliament against "cutting political deals" when the document is tabled before them for enactment.
"We urge the Government to be guided by the bigger, long-term good of the country in discharging this mandate," Ufungamano concludes.
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