“Time has Run Out”

Dominic Nkoyoyo*

I admire the courage of Fr. Gabriel Dolan. And I believe that his references to the principles of Catholic Social Teaching at this point in time are very important and helpful to God's people in Kenya who find themselves in a difficult position relative to the Proposed Constitution. For the time has run out to make any amendments to the proposed constitution and very soon it must be voted in or out.

Fr. Gabriel Dolan and Retired Anglican Archbishop David Gitari (see CISA Issue N° 038, Tuesday, April 2010) are of the same mind. And so hold similar position on the Proposed Constitution, namely: that it is wise to vote «YES» for the Proposed Constitution come the referendum on 4th August this year. Both are pro-life, and so am I. Fr Dolan warns that we should not throw the baby out with bath water. And Archbishop Gitari advises that we are faced with two evils and therefore we should go for a lesser one.

In the Proposed Constitution there is a healthy baby weighing 5Kg! That is, all the good things in it. But there is also very dirty water, namely: the possibility it opens for enacting in the future laws legalising abortion implied in Article 26(4).

So what should God's people in Kenya do in such a complicated situation?

I do agree that if the Proposed Constitution sails through the referendum and becomes the Supreme Law of the land, it will be very difficult to make amendments. But we can at least be consoled that, being very difficult, does not mean being impossible. So a fierce battle could be launched afterwards to amend the problematic Article 26(4).

Now that the time has run out to make any amendments, I think the practical thing to do is to take the advice of Archbishop Gitari and Fr. Gabriel and go for the lesser evil.It is indeed a very sad situation to have to choose between two evils but this is where we find ourselves.

Leaving Article 26(4) in the Proposed Constitution and voting YES is in my opinion the lesser evil. The greater evil is to go to the 2012 polls without a new and better Constitution. And practically, this is what it means if the Proposed Constitution is rejected. For the process will be pushed back to square one by opposing forces! And then more time and more money will be needed to restart the process! But as many people have remarked that the Proposed Constitution is much better than the existing Constitution, I think we should go for it. The dangers of voting in 2012 with the existing Constitution are beyond count and will be regrettable.

Although a new Constitution too, does not guarantee that the 2012 general election will be peaceful, the people of Kenya will be consoled to know that at least they tried to do something to avoid a repeat of the 2007-2008 post election violence that nearly destroyed the country.

So while the struggle for getting a new Constitution goes on, I request all the people in Kenya, citizens and foreigners, to keep praying for peace and reconciliation in this country.

*Fr. Dominic Vincent Nkoyoyo is a Cistercian Monk at the Monastery Val Notre-Dame in Canada.

Disclaimer: Views expressed in this section do not necessarily represent the opinions of CISA.