Kenya Constitution Review Process __________________ A Church Perspective

Introduction Over 34 Church Leaders in Kenya have issued a stern warning on the Draft Constitution:

Church Warning “If Kadhis’ Courts are not removed from the Draft Constitution, we will mobilize Christians to reject the entire draft, however good it may be”

Why has the Church Taken Such a Strong Position on Islamic Issues in the Constitution?

Because of the belief that there is an Islamic Agenda behind some of the provisions by the Islamic Movement

“An Islamic Movement is an organized struggle to change the existing society into an Islamic society based on the Quran and the Sunna, and make Islam, which is a code for entire life, supreme and dominant, especially in the socio- political sphere” Khurram Murad - Islamic Foundation

What is the Agenda of the Islamic Movements in Africa? According to Prof. Ali Mazrui The two major agendas are revivalism and expansion According to Prof. Ali Mazrui The two major agendas are revivalism and expansion Dr Usman Muhammad Bugaje

The agenda is elaborated in the Abuja Declaration Or “Islam in Africa Conference: Communiqué” issued at the end of the conference held in Abuja, Nigeria on 29 November, 1989

At this conference, it was resolved to create an organization to be known as “Islam in Africa Organization” to spearhead a Muslim initiative to make Africa the first all-Islamic continent

IAO objectives 1.To eradicate in all its forms and ramifications all non-Muslim religions in member nations (such religions shall include Christianity, Ahmadiyya and other tribal modes of worship unacceptable to Muslims).

2. To ensure the appointment of only Muslims into strategic national and international posts of member nations. IAO objectives

3. To promote the dissemination of the knowledge of sharia and support its application to Muslim communities in Africa. IAO objectives

4. To promote the learning of Arabic language throughout Africa. IAO objectives

5. To support, enhance and coordinate Da'wah work in all parts of Africa and propagate the knowledge of Islam throughout the continent. IAO objectives

Key Person Behind this Organization? Dr Usman Muhammad Bugaje General Secretary OIA

What Do all these Have to Do With Kadhi’s Courts in the Draft Constitution?

The Genesis of Kadhi’s Courts in the Constitution of Kenya Two letters between Jomo Kenyatta, Prime Minister of Kenya and M. Shamte, Prime Minister of Zanzibar, on 5th October, 1963.

Kenyatta and Shamte Letters

In these letters, there were five undertakings by the Government of Kenya, two of which are relevant to the subject matter Kenyatta and Shamte Letters

Freedom of worship for Muslims and the preservation of their religious buildings and institutions Kenyatta and Shamte Letters

The jurisdiction of the Chief Kadhi and of all the other Kadhis to be preserved at all times and to extend to the determination of questions of Muslim law relating to personal status / issues. Kenyatta and Shamte Letters

NB: - Letters only referred to the 10-Mile Coastal Strip - Letters never stated that the Kadhis’ Courts be entrenched in the constitution!! - It was the Cause of serious disagreement at Lancaster Kenyatta and Shamte Letters

Why the concerted effort to entrench Kadhis’ Courts in the constitution? Big Question

An Islamic Agenda for Kenya?

Sharia Stages First stage, Kadhi's courts to arbitrate on matters of personal law between Muslims (1963)First stage, Kadhi's courts to arbitrate on matters of personal law between Muslims (1963) Second stage is to extend the jurisdiction to cover civil matters (2002)Second stage is to extend the jurisdiction to cover civil matters (2002) Finally, full application of Sharia (future?)Finally, full application of Sharia (future?)

The Nigeria Example Dr Usman Muhammad Bugaje says: “In Nigeria the movements have over the last two decades or so been challenging the secular status of the country and pressing for the application of Sharia for the Muslims.

Dr Usman Muhammad Bugaje: “Though they have not as yet secured a total application of the Sharia, they have extended the jurisdiction of the Sharia from the narrow confines of personal law to cover all civil matters. Dr Usman Muhammad Bugaje: “Though they have not as yet secured a total application of the Sharia, they have extended the jurisdiction of the Sharia from the narrow confines of personal law to cover all civil matters.

Dr Usman Muhammad Bugaje: “But even more important, the movements have, through the Sharia debate, mobilized an increasing number of the Muslim population for future action.” Dr Usman Muhammad Bugaje: “But even more important, the movements have, through the Sharia debate, mobilized an increasing number of the Muslim population for future action.”

If Sharia is to be applied to Muslims, Why Should We Worry? Because ultimately, wherever Islamic law has been applied, it governs everybody! This is very dangerous !

Big Question Could we be laying the foundation for the Islamic Republic of Kenya!!!! Do you want to be counted among those who sold our birthright to Muslims?

Demographics: Islam is growing at an alarming rate in Kenya especially in the slums where they take advantage of the poor and persuade them to become Muslims through their food and medical aid as bait.

Dear Brethren, let’s take this issue seriously, prayerfully and ensure that as many Christians as possible get this information so as to make an informed decision. GOD BLESS KENYA !