Provisional results show more than two-thirds have voted in favour of
legislation curbing powers of president
Xan Rice in Nairobi
Friday August 6 2010
The Guardian
http://www.guardian.co.uk/world/2010/aug/05/kenya-votes-for-new-constitution
Kenyans have voted overwhelmingly in favour of a new constitution
designed to curb the president's sweeping powers and entrench
citizens' basic rights.
With more than two-thirds of the ballots counted from yesterday's
referendum, 69% of voters had approved the legislation, according to
provisional results, guaranteeing victory for the yes campaign.
Opponents of the new laws conceded defeat.
The poll was seen as a test of Kenya's progress since late 2007, when
a chaotic presidential election [http://www.guardian.co.uk/world/2007/
dec/31/kenya.haroonsiddique" title="chaotic presidential election]
descended into ethnic violence that cost more than 1,300 lives. This
time, voting passed off peacefully around the country, amid huge
security. The vote tally, aided by a new electronic system, appears to
have been orderly and largely transparent.
The campaign for a new laws to replace colonial-era legislation was
led by President Mwai Kibaki and his challenger three years ago and
probable successor, the prime minister, Raila Odinga.
"The historic journey that we begun 20 years ago is now coming to a
happy end," Kibaki said this evening. "Let us all join hands together
as we begin the process of national renewal under the new
constitution."
The yes vote was ahead in seven of the country's eight provinces. The
exception was Rift Valley, home to the former president Daniel arap
Moi and cabinet minister William Ruto, who jointly headed the no
campaign. They argued that provisions in the constitution on land
rights, intended to address historical injustices, could disadvantage
some poor people.
"[The] majority had their way, we had our say," said Ruto, admitting
defeat. "Now that Kenyans have endorsed that we pass, we are now
proposing immediate consultations. We want to be part of taking Kenya
to the future."
Church leaders also opposed the proposed constitution, complaining
about provisions on abortion and Muslim courts.
The new laws are intended to end the era of highly concentrated
political power that has encouraged ethnic tensions and corruption
since independence in 1963.
They will limit the president's powers after a coalition deal ends in
2012, making him or her impeachable. The cabinet will be halved, with
all the ministers drawn from outside parliament for the first time.
Constituents will be able to recall their MPs and some powers will be
devolved to regional authorities, which should assist marginalised
areas such as northern Kenya. The discredited judiciary will be
substantially reformed and women's rights and civil liberties will be
advanced.
Some of the changes are likely to be difficult to implement,
particularly the issue of land reform. Kenya's wealthiest and most
powerful political dynasties, such as the Mois and Kenyattas, own huge
tracts of dubiously acquired land.
The yes win was welcomed by business and civil society groups, which
proclaimed it as a victory for the Kenyan people.
"If accompanied by strong follow-up action, the new constitution will
improve Kenya's prospects for democracy, justice and respect for human
rights," said Njonjo Mue, head of the Kenya chapter of the
International Centre for Transitional Justice [http://www.ictj.org/en/
index.html" title="International Centre for Transitional Justice].
"But this is just one step in the long journey towards Kenya's
rebirth. It will take vigilance and the participation of all the
Kenyan people to help make these promised changes meaningful."
guardian.co.uk Copyright (c) Guardian News and Media Limited. 2010
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