Athman Amran And Mathias Ringa
29 April 2006
Nairobi — The Council of Imams and Preachers of Kenya (CIPK) yesterday said they supported the Sexual Offences Bill, but cautioned against it being adopted wholesale.
CIPK secretary-general, Sheikh Mohammad Dor, said while they want harsh laws against rapists, they would not want to see a society of perpetual war between sexes.
"We do not want the legalisation of homosexuality and a law that would destroy marriages, especially where conjugal rights are concerned," Dor sated.
He, however, called on MPs to support their female counterparts to ensure a harsh law was passed against rapists.
"I do not see why male legislators fear the passing of such a law. I am sure some of them have been affected in one way or another by rapists," Dor pointed out.
He argued that rapists should be given tough, deterrent sentences without option of a fine and be denied bond.
Dor criticised male MPs who tried to take the issue lightly in Parliament when the Bill came up for debate last Wednesday.
There was controversy and heated arguments last Wednesday when the debate for a law seeking tough penalties against rape kicked off.
Women MPs stormed out of Parliament when Kasipul Kabondo MP, Paddy Ahenda, argued that African women will not say yes to sexual advances and that many a time their 'no' may mean 'yes'.
Ahenda argued that section 23 of the Bill, which criminalises making advances to women, would be tantamount to making marriage illegal, as one has to make advances to a woman he is interested in before proposing marriage.
The Bill was moved by nominated MP Njoki Ndung'u and seconded by nominated MP Mutula Kilonzo.
Ndung'u said the Bill intends to introduce 21 new sexual offences, while Kilonzo said the current law on sex was enacted in 1930 and was inadequate and inconsistent with modern society.
CIPK also wants female Muslim students to be allowed to wear buibui and hijab in classrooms.
CIPK assistant secretary, Sheikh Omar Salmin, said Muslim students must cover their bodies as the religion demands.
Salmin was presenting his views before the task force for the review and harmonisation of education, training and research sector legal framework, at Aga Khan High School in Mombasa on Thursday.
The team is chaired by Dr James Kamunge. Coast Provincial Director of Education, Patrick Nyagosia, was also present.
The cleric said there should be a legal framework that can allow Muslim students to cover their bodies in any school environment.
"Our religion emphasises that women must cover their bodies to enhance their moral values.
Salmin also proposed that Muslim male students and teachers be allowed to wear their religious gowns (kanzu) and also maintain their beards.
"It is not fair for the education sector to bar Muslim teachers and students from wearing kanzu.
"Teachers and students must be allowed to keep their beards since this is their human right," explained the cleric.
But Tudor Secondary School principal, Enos Mwaruka, said it was not necessary for students to wear buibui and kanzu in classes.
Mwaruka said Muslim students should be permitted to come to school with their attire but take them off once in classrooms.
Lamu Secondary School Board of Governors Chairman, Majid Hussein, said girl students must be forced to wear skirts and a pair of trousers to combat cases of rape.
Meanwhile, a Kwale education board member, Samuel Maneno, proposed that there be legal framework, which could prevail upon the State to establish universities in every province.
Maneno said lack of such a law has made those in power to deny some regions public universities.
"Imagine the Coast Province which is blessed with marine and other resources not having a public university."
He demanded that the powers of addressing indiscipline in students be handed to Provincial Directors of Education (PDEs) instead of the Education ministry headquarters.
The deciding of indiscipline issues at headquarters, he added, leads to delays in punishing errant students.
He proposed that students who commit criminal activities in school be prosecuted.
And Shanzu Teachers College principal, James Ziro, proposed the vetting of people joining teaching.
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