Effective Communication of Church Law a Case Study In the Diocese of Machakos
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Date
2005
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Publisher
Tangaza University College
Abstract
Of recent, there seem to be a very strong wave of change, democracy, human
rights, review of constitutions and laws here in Kenya across Africa and possibly
other parts of the world. Politicians, leaders and those in influential positions have
seized the opportunity to manipulate this situation in human history for good or for
worse as witnessed here in Kenya during 2002 elections. "Yote yawezekana, bib
Moi (Everything is possible, without Moi). The words of a religious song were
appropriately changed to become an instant hit against President Moi. The refrain
was sung over and over by opposition members and has since become a favoured
tune by all "unbwogable", or unshakable supporters of change, a change now at the
horizon with a new government and a refreshed awareness for democracy. In the
past two elections, President Moi won thanks to rigging and a divided opposition.!
For the first time in Kenyan history, "the 2002 elections were considered free
and fair by all parties, local and international observers. On my way to the swearing
in ceremony" continues the reporter, "I met a mkorino, a follower of a Christian sect.
he saw my press badge and volunteered his comments that 'today is the first time in
my life I am free', he was no more than filly. The feeling of this man was shared by
most of the half million people who witnessed Mr. Kibaki swearing faithfulness to
the constitution and the people of Kenya. The newly sworn in President addressed
the crowd promising change from an era of illegality, oppression and lack of human
rights.2 Under Moi's regime, judges took direct orders from the head of the state. If
he said that a person was innocent, the day after a judge would find the legal jargon
to let that suspect free. No crime was too dreadful that it could not be forgiven with
the right amount of money. The Law Society popularised the motto: "Why pay a
lawyer, when you can buy a judge?" Corruption in the police force was much deeper
than the request for chai, money to buy tea, at road junctions. Police officials were
colluding with criminals, orchestrated the disappearance of people, and hid evidence
in cases of political sensitivity, like the killing of Father Kaiser.3
With such a strong wave of change sweeping across the country, the effects
bound to be felt within the church structures. Indeed some Christians have been
advocating for new structures and policies within the Catholic Church. This is what
struck me and caught my attention and I felt obliged to seize the opportunity to
know more about the new attitude. If this has befallen the government will the
church survive? After inquiring from different institutions (e.g., Tangaza, Hekima,
Marist and Chemi Chemi) I found out that they offered limited courses in Canon
Law and mainly in elective format. Tangaza College, for example, has barely three
core courses in Canon Law (Principles and Sacraments). Out of curiosity, I decided
to ask some of my colleagues why they were so critical concerning Church Law and
its related courses and my fears were confirmed. For them, it is a waste of time and
resources for a 'pastor of souls' to study useless, impractical, rigid, and old
versioned subject. Why not take open, flexible, easy, interesting, practical, modern
and helpful courses?4 Even though I have been able to approach bishops, canonists,
priests, religious, lay and lecturers, I am still nursing unanswered questions fuelled
by my curiosity.
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Keywords
Communication of Church Law, Diocese of Machakos