Obamacare in Kenya?
A new Kenyan constitution would overturn the prohibition on abortion.


Kathryn Jean Lopez

‘Hello, my name is Joe Biden. I work for Barack Obama.” With that, the vice president brought Obamacare to Nairobi last month. If not the policy exactly, the strategy: confuse and obscure, make opponents the enemy of the good.

Biden was in Kenya leading what sounded a lot like a rally for the new constitution there, one that will be voted on in August. It’s a fatally flawed one, inimical to the values of many Kenyans. The government lost a constitutional vote once before, and they’ve called out the big guns for this propaganda campaign, including claimed promises of an Obama visit if the people do as asked.

Many foreign observers have enthusiastically joined the government and Kenyan mainstream media in insisting that a yes vote is essential. But it’s far from an open-and-shut case.

First, Article 26 of the proposed constitution would overturn the prohibition on abortion, allowing abortion when “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.” That’s a fairly open window, one that has abortion opponents alarmed.

U.S. financial and rhetorical support for this constitution has some members of Congress calling for an investigation. In a letter to inspectors general of the U.S. Department of State, the U.S. Agency for International Development (USAID), and the Government Accountability Office (GAO), Republican representatives Chris Smith of New Jersey, Darrell Issa of California, and Ileana Ros-Lehtinen of Florida raised questions about American constitutional lobbying in Kenya: “The Obama Administration’s advocacy in support of Kenya’s proposed constitution may constitute a serious violation of the Siljander Amendment and, as such, may be subject to civil and criminal penalties.”

Administration officials have denied the lobbying charge. But, as the letter points out, our ambassador to Kenya has been quoted as saying that the U.S. has given Kenya $2 million for “civic education” about the constitution, and that we’re committed to more.

The U.S. shouldn’t be interfering with this process, and we have serious questions about why the Obama administration is promoting a constitution which allows abortion on demand and waters down protections for religious freedom,” says Rebecca Marchinda of the New York–based World Youth Alliance, which has an office in Nairobi.

And, as if the West’s exporting of its abortion license to Kenya — a nation known for a growing, enthusiastic Catholic and other Christian presence — weren’t alarming enough, the proposed constitution would also create a legal system within a legal system — codifying the strengthening of sharia by making it apply to every Muslim Kenyan. As Eric Rassbach of the Becket Fund for Religious Liberty points out, “People are subjected to these tribunals merely by virtue of what religious community they were born into, and they have no way of opting out.”


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