Thursday, July 29, 2010

Re: [NVK-Mageuzi] FIDA: We inserted the abortion-on-demand clause

What do you mean by illegal changes made by the CoE??
 
33. (1) If the Parliamentary Select Committee shall, within twenty-one days, resubmit the draft Constitution and report presented to it under section 32(c) to the Committee of Experts with the recommendations agreed upon as a result of its deliberations, and the Committee of Experts shall revise the draft Constitution taking into account the achieved consensus.

The Act says they Shall revise the draft TAKING INTO ACCOUNT the achieved consensus...It does NOT say they will Publish the PSC Draft!!!
 
The law required them to revise THEIR DRAFT with reference to the PSC Consensus, NOT revise the PSC Draft with reference to their Draft!!!
 
So EVERYTHING they did is LEGAL!!!
 
Section 16 of the Act says,
16. In the performance of its functions under this Act, the Committee of Experts shall not be subject to the control of any person or authority.



 
On Thu, Jul 29, 2010 at 12:21 PM, Okiya Omtatah Okoiti <omtatah@yahoo.com> wrote:
 

I thank FIDA for coming out and clearly showing that the church has falsely been accused of being opposed to the termination of a pregnancy strictly to save a mothers life. 

What the Church is opposing is the changes the illegal CoE made outside its mandate to the PSC Naivasha  Draft. 

Article 25(4) of the PSC Naivasha Draft (like 34(3) of the Bomas draft) read:

25(4) Abortion is not permitted unless, in the opinion of a registered medical practitioner, the life of the mother is in danger.

In Article 26(4) of the Proposed Constitution of Kenya, the CoE changed it to:
26(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.

In a sworn Statement of Intervention filed at the Independent Constitutional Dispute Resolution Court,challenging Petition No. 2 of 2010, which seeks to reinstate the Article 25(4) of the PSC Draft, FIDA acknowledges that they forced the change. In part thy write: 


"Constitutionally criminalising abortion except to save the life of the 
woman will have severe consequences for women's lives and health and 
that of their families....If the proposed Kenyan constitution is 
amended to even further restrict access to safe and legal abortion, and 
permits abortion only to save the woman's life, women will continue to 
die or be maimed from unsafe abortion at even higher rates and reducing 
maternal mortality from unsafe abortion will be almost impossible... 
The explicit life and health exception to the criminalisation of 
abortion in the constitution is vital to safeguarding the lives and 
health of Kenyan women. However, even these exceptions are not 
sufficient for Kenya to meet its obligations under international 
law.... The requirement that abortion only be performed by medical 
practitioners means that women in poor rural communities that have no 
such services will be unable to access medical facilities from 
alternative health workers such as clinical officers or nurses with 
serious potentially fatal repercussions for poor women."
 
Read on in the attached file
 


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--
Regards,

Dr MAKODINGO Washington, BPharm,MPSK
Registered Pharmacist and Constitutional Expert,
P O Box 60113 - 00200 Nairobi
"I'm not arrogant, just Smarter"


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