Many ugly things happen in life, but losing an election is a pain no one can explain. Indeed, does what does not kill you make you stronger? Maybe, only maybe.
On the other hand, winning an election is intoxicating, it is simply beautiful in every sense. As such, the intensity of emotions that accompany losing or winning need to be handled delicately because they have the potential to unleash unprecedented depression or excitement, which if not managed well may cause negative consequences.
The violence witnessed in the on-going NRM elections has the potential to make not only the NRM, but the whole of Uganda stronger because after the dust has settled, we shall all be in position to take note of the negative and positive aspects with the aim of ensuring that the violence does not happen again.
The most recent victory on the East African scene was for the YES Group on the Referendum on the Proposed Constitution of Kenya. This Constitution was signed into law on August 27, ushering in a new dawn not only for Kenya, but for Africa as a whole. It is a great achievement considering that the referendum was peaceful and it addressed long-standing contentious issues. After the Kenya election violence of 2007, all stakeholders were keen to ensure that violence does not erupt again.
The new Constitution of Kenya has 18 Chapters and Six Schedules. One Article that aroused the most controversy is Article 26 on the right to life. It provides that:
(1) Every person 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 authorised by the 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.
The part that made Article 26 controversial was mostly on the issue of abortion. This strikes a very interesting comparison with Article 22 of the Uganda Constitution on Protection of the right to life:
(1) No person shall be deprived of life intentionally except in the execution of a sentence passed in a fair trial by a court of competent jurisdiction in respect of a criminal offence under the laws of Uganda and the conviction and sentence have been confirmed by the highest appellate court.
(2) No person has the right to terminate the life of an unborn child except as may be authorised by law.
Although the Kenya Constitution states that life begins at conception, the Uganda Constitution does not make reference to when life begins.
Relatedly, the law of Uganda penalises the killing of an unborn child by imprisonment for life under Section 212 of the Penal Code Act.
However, Section 224 of the Penal Code Act provides for surgical operation and states:
“A person is not criminally responsible for performing in good faith and with reasonable care and skill a surgical operation upon any person for his or her benefit, or upon an unborn child for the preservation of the mother’s life, if the performance of the operation is reasonable, having regard to the patient’s state at the time, and to all circumstances of the case.”
The issue of when life begins and abortion are highly emotive partly because they are viewed from several dimensions — the moral, cultural, religious and human rights regime. Formulating a law that effectively addresses all these dimensions is a major challenge. In most cases, women who die due to abortion complications are young and from a poor background. Challenges notwithstanding, the fact is that abortion rates continue to escalate, which points to the need for a multi-pronged strategy, which should include aspects on education, health, religion, culture, economic empowerment, political and the legal dimensions. Contentious issues aside, the Constitution of Kenya introduces a novel idea under Chapter Eight on the Legislature; it establishes a Parliament of Kenya which consists of the national assembly and the senate, which have distinct roles. Adoption of two parliamentary chambers facilitates parliamentary efficiency because it also streamlines public administration. It is an idea worth considering, noting that the East African Community partner states of Rwanda and Burundi already have two parliamentary chambers.
On the whole, the Kenya Constitution richly benefited from the operationalisation of other Constitutions in the region. Its commitment to enact legislation to promote the representation of women, persons with disabilities, youth, ethnic and other minorities; and marginalised communities is applauded!
It is my humble prayer that this progressive Constitution will be operationalised in a timely manner since it has the potential to foster and fast track the East African Federation.
The writer is a legislator in the East African Assembly
