Church and state showdown in Kenya over Shariah Law: The Church of England Newspaper, April 28, 2010

Archbishop Eliud Wabukala

First published in The Church of England Newspaper.

Kenya’s government has rejected pleas from church leaders to amend the country’s proposed constitution, and will take it directly to the people for approval in a national referendum.

The April 27 decision by Kenya’s Cabinet sets the government on a collision course with the country’s churches and opposition leaders, who have voiced strong protests to the special exemptions given to Muslims who will be allowed to use a parallel Sharia law Kadhi court system and the document’s weak language on abortion.

Catholic leaders have promised to mobilize their members to vote no on the referendum.  On Easter Sunday Archbishop Eliud Wabukala said no formal decision had been made by the Anglican Church on the draft constitution.  “All our bishops are taking the debate to the grassroots this month. At the end of it they will be back with their findings, after which the church will give its directive.”

Following a meeting of the cabinet at State House in Nairobi, the government’s press office released a statement saying, “after the review the Cabinet concluded that it was practically impossible at this stage to amend the Constitution of Kenya or Constitution Review Act in order to accommodate concerns expressed by Christian Church leaders and others.  Consequently, the Cabinet agreed to support the draft constitution in its current form.”

The government did hold out the possibility of a future compromise or amendment saying it would seek to “accommodate the concerns of the Christian Churches on the issue of abortion and right to life”.

The National Council of Churches of Kenya has objected to Article 26 which states, “abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other law.”

They have also protested the provision under Articles 169 & 170 for Muslim-only courts, which would have jurisdiction over issues of family law, inheritance and other issues of “personal status” for Muslims.  They have also objected to Article 24(4) which would exempt Muslims from the protections of the Bill of Rights.

While Kadhi courts have been in existence since British colonial rule, the exemptions and special rules for Muslims under the new constitution has elicited protests that Islam has been given a privileged place under law.

Islam in Kenya has also changed over the past twenty five years adopting a more hard-line stance under the influence of Saudi-trained imams and Saudi-financed madrassas.  On April 26 Reuters reported that Islamic clerics in northeastern Kenya have called upon the government to ban football broadcasts on state television, as soccer-mania was luring young Muslims away from Islam.

The referendum has not yet been scheduled, but is expected to take place by August.