Constraining Political Transformation: The Two Faces of Activist Religious Organizations in the Search for a New Constitution in Kenya

Abstract

Religious organizations are key structural components of Kenyan civil society that have played or continue to play a critical role in socio-political developments. In the last two and half decades especially, religious institutions have been among the principal actors shaping the mechanics and trajectories of Kenya's political order. But religious organizations’ political behaviour, especially in the country's search for a new constitution, was contentious and remarkably inconsistent. There were moments of progressive actions but also behaviour that imperilled progress. This article probes this ambivalence of Kenyan faith groups in the struggles for a new constitution. It is argued that their political behavioural inconsistencies largely reflect an ethnic, class and, to a lesser extent, instrumentalized doctrinal or denominational schism that is ever present in the wider Kenyan society. By analysing how religious leaders and their organizations challenged political elite domination while remaining amenable to its influence, this article illustrates the contradictions of elite pacts in these struggles and how they constrained progressive transformation.

Key Words:

• Religious institutions/organizations
• clergy
• constitution/state reform struggles
• Kenya

Disclosure statement

No potential conflict of interest was reported by the author.

Notes

1. Waves of contention is utilized here to refer to ‘a ‘strong increase and subsequent decrease in the level of contention’ (Koopmans, 2004, p. 22).

2. Moi era can be divided into two phases: Moi under the single party regime (1978–1991); and Moi post-1991 under political liberalization when pressure for constitutional changes began in earnest. In the single-party rule, only a few clergymen dared question the state. After political liberalization, there was an extraordinary realignment and emergence of two significantly influential camps of religious groupings in terms of their relationship with the Moi state, especially with regard to state reform issues.

3. Romans 13:1–2 states: ‘Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God. Whosoever therefore resisteth the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation.’

4. Some members of the clergy in both the anti-Moi and pro-Moi camp were recipients of patronage largesse in the form of land or Harambee cash from politicians. Some have in the past been nominated to parliament. In the post-Moi era, some were appointed to serve in important constitutional commissions and have since transited to become politicians.

5. This was the clause introduced as Constitution of Kenya Amendment Act No. 7 of July 1982 making Kenya a de jure one-party state. It was repealed in December 1991.

6. Gitari, interview 21/09/2009.

7. Zein, interview 07/10/2009.

8. Interviews: Gitari, 21/09/2010; Njoya, 29/09/2009. See also Mutunga, 1999; Njoya, 2007.

9. Interviews: Wandati, 17/09/2009; Athman, 12/10/2009.

10. The opposition to the draft constitution by the Christian religious leaders during the 2005 referendum was based on a misinterpretation of contentious issues of reproductive health/rights (abortion) and the inclusion of the Kadhi (Islamic) courts.

11. Ombok, interview, 24/10/2009.

12. It is no wonder therefore that a poll conducted immediately after the 2010 referendum showed that only 19% of Kenyans trusted church leaders completely, while 38% of the population did not trust church leaders at all (see Menya, 2010).