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Thursday, 27 February 2014

Anti-gay Law in Kenya paves way for Constitutional Amendments!



When I posted an article on Museveni signing the Anti-gay law on my Facebook TL, I got a number of comments. One comment in particular was from an early-childhood ‘friend’ who wrote: “Thank you Mr President!” I was deeply hurt because many, many moons ago, I bought him the first beer bottle that he ever took in his life; growing up, we were very tight friends – well now he is a catholic priest and PhD – so I guess my feelings do not matter to him. This however, goes to tell how deeply divisive the issue of gays can be in our region.

Yet, it is not for the sake of pleasing Fr. Peter that Hon. Irungu Kang’atia and his friends are pushing for the Anti-homosexuality law in Kenya. Hon Irungu would like to make amendments to the constitution of Kenya. In our meeting with him last Sunday, he did not strike me as someone who is virulently homophobic. In fact I don’t think he cares very much for gays.

But, he would like to abolish the Senate  and cut down on the powers of the governors. But there is little taste for constitutional amendments right now – unless of course we are talking about gay issues. Here is what I think the strategy towards constitutional amendments is in Kenya.

Push for the bill that gives some of the powers of the governors to the Senate. This bill is currently being drafted in parliament. That way, they would have successfully cut the governors to size. But after empowering the senate, push for its abolition. But because Kenyans are unlikely to support such a move, that is why the Anti-homosexuality law comes in handy.

Hence enact an anti-homosexuality law that will be declared unconstitutional by the court. Kenyans naturally be very angry about this – and parliamentarians will call for a constitutional amendment.  Kenyans are likely to support such an amendment to the Bill of Rights.

Once Kenyans support such a constitutional amendment, others in the 2010 “NO” campaign will come out of their closets and demand amendments to address issues of abortion, Kadhi’s court and the like. – Recall we were told, the bad part would be amended after the passing of the constitution? That is why we see Dr. Karanja  – the Chair of the Catholic Doctors Association, taking very keen interest in this process. He is being recruited to marshal support of the anti-abortion group….

Once all this is in place – it will be downhill all the way. Of course Kenyans will be told that this exercise is “the first amendment!” Pretty catchy; and for poor Kenyans, they will have cut off their noses, to spite their faces….