Drama in Court After Kenyan Professor Refuses to Swear in God’s Name
A university lecturer caused drama in a Nairobi court on Friday after he refused to invoke God’s name while taking an oath.
Karega Munene, a professor of history and a confessed atheist, was required to swear in God’s name before testifying before the court but the university don, who is the claimant in a dispute with United States International University (USIU) Africa, insisted he would not do it.
The attorney representing the university insisted that Prof. Munene must invoke God’s name, arguing that the preamble to the Constitution and the National Anthem, by mentioning God, acknowledges the supremacy of the Almighty. He also argued that courts had forms of oaths and all citizens must abide by the set standards.
But Prof. Munene’s advocate objected, saying his client cannot be forced to mention God’s name as he is an atheist.
Employment and Labor Relations Court judge James Rika ruled in favor of Prof. Munene, saying he cannot compeled to swear in God’s name. The judge also urged Kenyans to rethink the usefulness of oaths and affirmations in judicial proceedings and public service with a view to discarding them.
“The Constitution and the Oaths and Statutory Declarations Act do not compel anyone to swear by God,” said the judge as quoted by Nation. “Does the invocation of the name of God in oaths put the fear of God in witnesses and compel them to tell the truth?” posed the judge.
The judge further said that although reference to God in the Preamble and in the National Anthem appears on the face of it, Article 8 affirmed that there is no state religion and Kenya is, therefore, a secular state.
“Our legal system is secular, and the name of God is not a legal concept. Secular means not connected with religious or spiritual matters,” he said.
The judge noted that most of the practices and laws that define the legal profession and judicial proceedings were archaic and based on misty Judeo-Christian and Roman traditions and should be discarded.
“Swearing a witness by God, by body organs, or by slaughtering a male goat does not assist the course of truth and the administration of justice,” he added.
He explained that presidents and other senior state officers are sworn in the name of God to uphold and protect the Constitution but “spend their entire tenure of office, mutilating and ravaging the Constitution”.
“The invocation of the name of God does not instill fear as intended for the state officers or witnesses in judicial proceedings to speak and act truthfully,” he said.
Comments (9)
Nobody should be forced to believe in a “God”, like the Taliban! After all “God” is just a myth!!!
This is a Sign that He doesn't Believe in GID; he Doesn't want to Use the Name of GOD in Vain. He knows the Good😇 or Bad😁 he's Up to.
Good, Africans are slowly but surely waking up. Few years ago professor's action would have been repugnant to say the least to many,and probably landed him in jail,or anut house.
Most of what we believe today was passed on to us from our parents,who in turn were passed on to them by their parents.Along the line, how many questioned the veracity of those beliefs? Always question when there are other options of similar, or equal value. Beliefs are just that beliefs-blind faith.Have them prove you wrong in your stand .My two cents.
Good, Africans are slowly but surely waking up. Few years ago professor's action would have been repugnant to say the least to many,and probably landed him in jail,or anut house.
Most of what we believe today was passed on to us from our parents,who in turn were passed on to them by their parents.Along the line, how many questioned the veracity of those beliefs? Always question when there are other options of similar, or equal value. Beliefs are just that beliefs-blind faith.Have them prove you wrong in your stand .My two cents.
Now that is one judge whose mind has been decolonized.
Kuna imani 10,000 duniani. WaKenya wengi ni watumwa wa "mungu" wa Kiyahudi na wa KiaArabu.
Mimi siwatambnui mungu waliohusika na utumwa wa watu wa bara letu. Na isitoshe, wizi wa mashamba yetu,
WaSwahili husema, "Baba wa kambo si baba." Nami nasema, "mungu" wa kambo si mungu wetu.
Katika nchi ya Kenya, hakuna uhuru wa dini. WaKenya wengi ni watumwa wa imani bandia za kigeni.
@ Imara(mpya) Daima, what most people do not understand or know is that there are many religions that predate religions of Kiyahudi and KIarabu.These two came into prominence because of the military and economic mighty of their origins. Infact in Islam the punishment for apostate is chopping one's head off. And Mohammed the war lord forced people into islam.
My point is,if is there one God,what was he doing before christianity and Islam came into being? He must have sanctioned these other religions.To me what makes sense is that, every society known to man had their own god.
I new Maxiley and Imara Daima will jump up in a "Hurraaaaa, thats what I have been talking about." But yes, in this new sets of absolute freedom, wives should not demand conjugal rights from their husbands. Its unconstitutional. Did we have forms of gods in our African traditional beliefs and cultures? Yes.
Amazing man. Soft spoken, hana maneno mingi. Has a passion for educating, research and beekeeping. Sijawahi sikia mtu amekosana na huyu mzee. Every man woman child has a right to their religious belief system. There sre so many who swear by the Bible everywhere but commit deadliest sins and never repent or get punished. Kenyan Judiciary is full of thieves, and corrupt nepotistic bloodsuckers. Not the best people to force someone to acknowledge God.yet they dont.