Kenyans overwhelmingly voted “yes” in a referendum on 4 August, paving the way for the introduction of a new Constitution, which it is hoped will reduce corruption, political patronage and land grabbing and increase civil liberties. The reforms will allow for checks on the sweeping presidential powers, which have until now made election victory such a prize. For the first time the President will be impeachable, terms will be fixed to five years and key appointments – senior civil servants, judges and the national police commissioner for example – will have to be approved by parliament.
The cabinet will no longer be drawn solely from the political ranks – members from outside parliament will be admitted. And power will be devolved from the centre to 47 county governments each of which is to have its own governor, as well as a senator who will sit in the new upper house of parliament. An overhaul of the judiciary should lead to the creation of a new supreme court.
An extensive legislative process will need to be undertaken before the reforms can be implemented. The referendum was part of the powersharing deal to resolve the post-election conflict of early 2008. Allegations that the December 2007 election had been rigged in President Mwai Kibaki’s favour had triggered those clashes and this time efforts were made, including the appointment of a new electoral commission, to ensure that the process was more transparent. However, voting was split along ethnic lines with the Luo and Kikuyu solidly supporting the new constitution whilst Kalenjin-speakers (centred around the Rift Valley Province) were opposed, although both camps urged their supporters to accept the outcome.
Supporters of the document say that it introduces a sensible approach to the land question by allowing property that was illegally transferred as a result of political favour to be repossessed. But critics complain that ambiguities in the wording could allow the government to seize private land without compensation – a particularly contentious issue in the Rift Valley. A further clause places restrictions on foreign ownership of land (limiting it to a maximum 99-year leasehold).
The new Constitution drew criticism from those in Kenya’s Christian community who objected to changes in the law concerning abortion, which will now be permitted if the life or health of the mother is in danger. Some were also opposed to the provisions for Islamic courts, or Khadis, to resolve issues of marriage or inheritance where all parties are Muslims.
