In my not-so-humble opinion, it is ignorant of some clergy and the pro-life activists to keep yapping about the clause, when the laws that we have prohibit abortion. But has it stopped abortion? Is it an attitude problem? Or shall we just say that word: "impunity".
If I had my way, there was no need to include that clause in the Constitution. As in "Life begins at conception", are you sure about that? Isn't this a contested bit? Have you deeply thought about it, or you are just unquestioningly following that man who prays for you?
If you read my last post, on the argument by Mr Bifwoli Wakoli, he rightly says something about that Biblical verse of "before you were God knew you". Would you call his thinking warped? If so, what about yours? And if you don't believe in God, ha! Don't even bother, we won't agree, but I will understand you.
Then there is this one that has attempted to galvanise some people: "Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or the health of the mother is in danger, or if permitted by any other written law.
In the wisdom of the Committee of Experts, Parliament has been given room to make laws that will allow abortion (ouch!), but then the Constitution states that "abortion is not permitted". All this in the same sentence? Who are these experts again? Why didn't they delete that last part?
They will have to move an amendment to delete all that nonsense once it comes to the House sometime in September! (But here I make a very extravagant, even naive, assumption that Kenyans will vote for this draft Constitution and that the religious leaders will stop their noise on this issue).
Well, if I had my way, only one thing will remain in the Constitution: Everyone has a right to life. Of course, the government of the Republic of Kenya wants to quash the death sentence.
PS1: PS: I have been working 14 hours for the last four days and now I am still in the office at 6.39pm on GOOD FRIDAY writing about the week. People get tired and I am tired. But we have to keep earning that daily bread! So I just stringed these random thoughts, and I have a hunch that this is perhaps the not-so-flowing blog that I have written since 2006 when I joined Blogger! Anyway, what do you think about MPs passing a new Constitution? Does it add any value or are the principals simply scoring points--Kibaki for his legacy and Raila for 2012? Or is it he answer to Kenya's four-decade problem? Or we ought not to be so hopeful as this is just going to be defeated at the referendum? Let me go sleep and come back when we can debate. Bring your views on!
PS2: Now, if you don't mind, take a look at our current laws. I have these for a start, they are the ones I could pull out quickly! And tell me if they are not making abortion illegal while at the same time allowing "lawful miscarriage"?
|s 38. Prohibition of advertisements as to abortion.||244||Pharmacy and Poisons|
|s 181. Charges of certain offences respecting infant and unborn children, and abortion, etc.||75||Criminal Procedure|
|s 158. Attempts to procure abortion.||63||Penal|
|s 160. Supplying drugs or instruments to procure abortion.||63||Penal|
|SCHEDULE EXTRADITION CRIMES||76||Extradition (Contiguous and Foreign Countries)|
|FIRST SCHEDULE||75||Criminal Procedure|