POSITIVE DISCRIMINATION SEEKS TO FOSTER EQUITY IN A CHRISTIAN DOMINATED SOCIETY.

Thomas Hood (1799-1845) once said that “He lies like a hedgehog rolled up the wrong way, tormenting himself with his prickles.” Nothing could prove the import of Hood`s words than the on going debate on the draft constitution. You do not need to be schooled in matters law to realize that a section of the political and religious leaders have in an unceasing effort resorted to surreptitious interference of the constitution making process by desperately using very high profile propaganda to instill fear among Christians. Moral principles have lost their distinctiveness and absolute right and wrong are a matter of what the biased clergy and the filthy wealthy individuals say. You have heard them opine that the draft constitution is fundamentally flawed on the count of the inclusion of the Kadhis courts. Yet, even with their “extraordinary vision” these leaders have failed to see how the majority Christian religion will sufficiently be served with the draft constitution. Moreover, suffice to say that a larger proportion of the laws in our penal code as well as the appointments in the judiciary are, today, tilted in favour of Christians. By not acceding to the equal potential of all religions the Christian clergy (and the politicians hiding in their cloaks) will be justifying their intolerance and dominance. Simply put; they will be projecting an attitude that sanctions and encourages prejudice against other religions. It is thus imprudent of them to be obsessed with an invidious discrimination that is in itself an engine of oppression and subjugation of other religions as a means of maintaining or enhancing their power as Christians. In realization of the disadvantages that other religions (and especially Islam) are faced with in our society the draft constitution has put in place article 27 (6). This clause talks about the state legislating other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination. I see absolutely nothing wrong with such a provision being anchored in the constitution. There are other provisions dealing with positive discrimination which are anchored in the draft constitution. For instance, women are such beneficiaries. The inclusion of affirmative action for women in the draft constitution has not ruffled anybody`s feathers. Similarly, Kadhis` courts have their existence in the draft constitution vide this positive discrimination. Like John Locke, we must forever allow “reason to be our last judge and guide in everything. Where reason does not guide our formation, our opinions are but the effects of chance and hazard, of a mind floating at all adventures, without choice, and without direction.” And this is dangerous trend because Christians will definitely in the long run inflict a lot of damage to themselves. For instance, if other religious faiths demanded for the expunging of all Christian family laws from our penal code as well as all forms of discriminatory Christian religious practices in all our public institutions and especially in our judiciary, I have no doubt whatsoever that Christians will become the biggest losers here. It is for this reason that I believe that as Christians we can comfortably leave the Kadhi courts in the draft constitution without compromising our faith in any way. Kadhi courts are only a remedial religious-based preference whose existence in the constitution seeks to foster religious equity in our largely Christian dominated society. I beseech our Christian clergy to desist from religious disputes and especially those which are conducted in the eye of the public. Experience teaches us that such disputes are useless; they lead more to hatred than to enlightenment. We must never be seen to celebrate a court ruling that is likely to dismember the pillars that hold this nation together. TOME FRANCIS, BUMULA. http://twitter.com/tomefrancis

THE CLERGY IS OBSESSED WITH INVIDIOUS DISCRIMINATION AGAINST OTHER RELIGIONS.

Over the last few weeks Kenyans have experienced a surreptitious interference of the constitution making process by a section of the political and religious leaders who have in an unceasing effort resorted to using very high profile propaganda to instill fear among Christians. They have opined that the draft constitution is fundamentally flawed on the count of the inclusion of the Kadhis courts. Yet, even with their “extraordinary vision” these leaders have failed to see how the majority Christian religion and other minority religions are served with the current constitution. Suffice to say that a larger proportion of the laws in our current constitution are Christian friendly. The same can be said of our penal code as well as in the appointments in the judiciary. All these things are tilted in favour of Christians. By not acceding to the equal potential of all religions Christians will be justifying their intolerance and dominance. Simply put; they will be projecting an attitude that sanctions and encourages prejudice against other religions. It is thus imprudent of them to be obsessed with an invidious discrimination that is in itself an engine of oppression and subjugation of other religions as a means of maintaining or enhancing their power as Christians. Positive discrimination is thus a matter of both empirical belief and moral faith. It is instrumental to note that other religious faiths have not complained about Sunday, Easter holiday nor the Christmas holiday. They have not even complained about the judicial system whose laws gel with the Christian family laws. Neither have they complained about the standard practice involving the singing of Christian hymns, reading of the bible verses nor the saying of Christian prayers in public schools across the country. Besides, we must not forget the fact that Christian Religious Education is taught in public schools courtesy of the tax payers (including those who profess different religious faiths). If other religious faiths demanded for the removal of all the faith based provisions in the current constitution as well as the draft constitution and the expunging of Christian family laws from our penal code, Christians will be treated to a rude awakening. If other religious institutions demanded an end to all discriminatory religious practices in all our public institutions and especially in our judiciary, I have no doubt whatsoever that Christians will become the biggest losers here. It is for this reason that I believe that as Christians we can comfortably leave the Kadhi courts in the draft constitution without compromising our faith in any way. Kadhi courts are only a remedial religious-based preference whose existence in the constitution seeks to foster religious equity in our largely Christian dominated society. From the foregoing, I hold it that last week`s ruling by the constitutional court was mischievous and was out to dismember the pillars that hold this nation together. TOME FRANCIS, BUMULA. http://twitter.com/tomefrancis