"Yes" side poised for land slide victory in the August 2010 Kenyan draft constitution referendum

The "Yes" group campaigning for the proposed constitution in Kenya is still ahead according to the latest polls, less than two weeks to the referendum. The polls released almost simultaneously by two different survey firms on July 23rd 2010, indicated an almost similar margin between the two referendum sides in each poll.

Research firm Synovate indicated a 58 per cent vote in favour of the proposed constitution, while 22 per cent of Kenyans will reject the document at the August 4 referendum. A significant 17 percent have yet to make up their minds, 12 days to the plebiscite.The Synovate poll was held between July 11 and 17

A similar survey by Infotrak Harris poll puts the percentage of those who intend to for the draft Yes at 65 per cent, while 25 per cent will reject the proposed constitution if the referendum were to be held today. Only 10 per cent of Kenyans reported indecisiveness. Infotrak Harris polled Kenyans between July 17-19.

What is emerging at this point is that in both studies Kenyan indicate an overwhelming support for the draft constitution.
View the full opinion poll studies below. TIP; hover over the image and click full screen.

Download Pdf; Synovate poll, Infotrak poll 

View Synovate poll

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View Infotrak poll

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The Real Kenyan media

The “Bang Bang club” is one of a few books that stand out vividly in my mental memoirs. The book tells the story of four photojournalists covering what was called “South Africa’s hidden war” in the early to mid 90’s in the South African apartheid era. During the final, bloody days of South African apartheid, four remarkable young men--photographers, friends and rivals--sometimes banded together to lessen the danger as they covered the violence erupting in the townships. In their powerful book, the two surviving members of the group, Greg Marinovich and Joao Silva, tell the story of " The Bang Bang Club", a nickname given to them by the South African international press for the fearless and sometimes reckless extremes they went to in order to capture the violent images of war on film. It’s a sobering account of journalist’s day to day odysseys in the heart of South Africa during its dark days.

The Kenyan documentary, “Uncovering the Media in Kenya, sort of led me to digress about the “Bang Bang club”. The documentary gives sobering accounts of our own Kenyan journalists and the physical, mental and physiological perils that they face in their industry. Many a time we are quick to condemn or praise them without ever knowing “what cooks” so to speak. In The documentary Kenyan journalists reflect on their political, emotional and personal journeys through covering some of the countries defining moments and also give insider accounts of the Kenyan media industry. I guess the documentary by Ramadhan Khamis tells it better ….the videos can be found on the producers you-tube channel...  http://www.youtube.com/user/ramadhankhamis..

UNCOVERING THE MEDIA IN KENYA  PART 1

UNCOVERING THE MEDIA IN KENYA  PART2

UNCOVERING THE MEDIA IN KENYA  PART 3

UNCOVERING THE MEDIA IN KENYA  PART 4

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History of the Kadhi Courts in Kenya

Historically, Kadhis Courts existed in the East Coast of Africa long before colonization. In Kenya, they existed in the Coast, which at the time of colonization, was under the Sultan of Zanzibar. In 1895, the Sultan gave the British power to administer the 10 mile coastal strip subject to their respecting the existing Kadhis Courts among other conditions. The British did so and declared a protectorate over the coast while the rest of Kenya was a colony proper. The Sultan however retained sovereignty over the 10 mile coastal strip. During the last years of the independence struggle and at the start of the Lancaster House Constitutional talks in 1961, the status and fate of the coastal strip came up for determination. The British organised separate talks for the delegates from the protectorate of the coast and those from the Kenya Colony. The British Government and Sultan of Zanzibar also appointed a Commissioner, Mr. James R. Robertson, to study the issue of the coastal strip, consult all those concerned and report to them. In his report, entitled, "The Kenya Coastal Strip ? Report by the Commissioner", he reported that opinion was divided as to whether the coastal strip should join Kenya, or be declared independent on its own, or reverted back to the Sultan of Zanzibar. He however recommended that it should be joined with Kenya subject to the Kenya Government guaranteeing to respect the existence of the Kadhis Courts among other conditions. The Prime Minister of Kenya, Jomo Kenyatta and the Prime Minister of Zanzibar, Mr. Shamte on behalf of the Sultan of Zanzibar, then signed an agreement in October, 1963, in the form of an exchange of letters whereby the Sultan of Zanzibar relinquished/surrendered his claim of sovereignty over the coast to Kenya in return for mzee Kenyatta guaranteeing the continued existence of the Kadhis Courts among other guarantees. When the independence constitution was written, the Kadhis Courts were enshrined under the chapter on Judiciary.

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Kenya Draft constitution is not Pro-Choice or Pro abortion

Currently in Kenya, over 80% of news headlines are on the new constitution, given that the country will be deciding on a new set of laws to guide the country as of 4^th August 2010. The ensuing debate on the new proposed set of laws has come down to a few Key issues. These issues are being driven by two distinct sides in the debate. On one side are the pro reformers; largely the group of political personalities who championed the cause of a new constitution in the face of a dictatorial regime which was led by the Former president, Daniel Toroitich Arap Moi. This group formed the new government in 2002 and is currently in support of the draft constitution.

 The other side interestingly also includes the former president and a group of politicians who were close lieutenants’ in the former regime. But most prominent is the group of church leaders led by the evangelicals, the Catholic Church and a section of the protestant church. While this anti draft constitution group has several issues which they list as contentious the most important ones seem to be; for the church leaders, the inclusion of a law of abortion and the Kadhi courts; the law on abortion allows for limited right for procuring abortions if a woman’s life or health is in danger or in emergency situations; the Kadhi courts law establishes subordinate courts to handle issues pertaining to personal law; marriage, divorce and inheritance for persons professing Islam. The Kadhi courts have some history behind their establishment. Read more….

My focus on this discourse is to analyze the law on abortion to ascertain the truths or lies being propagated by the anti draft group with regard to this issue.  Some key issues have emerged in this debate, chiefly the terms used in the provision of abortion and the limits or unlimited nature of its restriction of “abortion on demand” as the opponents of the draft have termed it. The provision on abortion reads as follows;

Chapter four on Bill of Rights, Section 26 : Right of life

(1)    Every one has the right to life

(2)    The life of a person begins at conception

(3)    A person shall not be deprived of life intentionally, except to the extent authorized by this constitution or other written law.

(4)    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 written law.

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