Sweeping proposals pit veteran politicians President Mwai Kibaki
against predecessor Daniel Arap Moi
Xan Rice in Nairobi
Wednesday August 4 2010
The Guardian
http://www.guardian.co.uk/world/2010/aug/03/kenyans-polls-constitutional-reforms
One is 78 years old and desperately trying to salvage his legacy. The
other is 85 and way past caring. For the past few weeks Kenya's
president, Mwai Kibaki, and his predecessor, Daniel Arap Moi, have
shown an energy belying their years in campaigning for and against an
historic new constitution [http://www.coekenya.go.ke/images/stories/
Resources/the_proposed_constitution_of_kenya.pdf" title="new
constitution], trading public insults along the way.
Tomorrow, more than 12 million Kenyan voters will finally have their
own say in a referendum on the proposed laws, whose passage could
usher in a new era. The poll is being held amid heavy security to
ensure no repeat of the bloodshed that followed the fraud-plagued
general election of December 2007, which severely damaged Kibaki's
reputation at home and abroad.
Delivering a new constitution was a key requirement of the peace deal
to end the violence. The current laws date back to independence and
have allowed successive leaders to rule unchallenged and to plunder
the state. The proposed legislation will, in theory, make the
president and parliament more accountable, devolve power, improve
citizens' basic rights, and allow the confiscation of stolen land.
"It's not a magic wand but it is a massive improvement on what we
have," said Maina Kiai, former chairman of the Kenya national
commission on human rights. "This is a critical moment for the
country, a chance for a new beginning."
Opinion polls have suggested Kibaki's "yes" camp is heading for a
comfortable victory. Yet the battle for votes has been heated,
divisive and even deadly, in the case of an explosion at a "no" rally
that killed six people. It has pitted the majority of government
ministers ? many of them regular churchgoers, including Kibaki, who is
a devout Catholic ? against Christian leaders, who were assumed to
hold huge sway over the population. The clergy claims that the new
legislation is a step towards legalising abortion and that it gives
Muslims preferential rights.
Perhaps the most fascinating tussle has been between Kibaki and Moi.
Giants of Kenyan politics since independence, each has played key
roles in blocking past attempts at legal reforms. The first major push
for a new constitution occurred in the late 80s, a decade into Moi's
rule, but he suppressed it through force. When he finally stepped down
in 2002 it was in disgrace, having looted many millions of dollars
[http://www.guardian.co.uk/world/2002/dec/31/kenya.jamesastill"
title="]. At Kibaki's inauguration, crowds sang: "Everything is
possible without Moi."
He seemed content to stay out of politics in return for tacit immunity
from charges of corruption and human rights abuses. But in recent
months Moi has defiantly opposed Kibaki, flying around the country by
helicopter urging people to vote no. He says the new constitution,
which was drafted by six Kenyan and three African legal experts, has
been negatively influenced by western countries and will stir up
ethnic animosity. But Moi's critics claim he is sowing divisions by
especially encouraging his Kalenjin ethnic group to reject the vote,
and that his real motive is to protect his vast landholdings, which
could be investigated under the new law.
Alongside Moi in the no camp is his one-time protege, William Ruto,
the most powerful Kalenjin politician in government, who has been
accused by human rights groups of links to the 2007 election violence
[http://www.guardian.co.uk/world/2007/dec/31/kenya.haroonsiddique"
title="]. Ruto, who denies the charges, has claimed that the
constitution will lead to the legalisation of gay marriage, even
though it expressly states that marriage is only for people of the
opposite sex. Similarly, the church's assertion on abortion does not
bear scrutiny, since the new legislation expressly outlaws it except
when a medical professional attests that the mother's life is in
danger.
Still, some no supporters believe the opinions polls are wrong. "This
might be closer than people think," said Mutahi Ngunyi, a political
analyst in Nairobi. "It was drawn up in a hurry, and there is
suspicion about foreign interests."
If Moi's energy has been surprising, Kibaki's transformation has been
Lazarus-like. After Prime Minister Raila Odinga fell ill in June, the
famously lethargic president took on the job of leading the yes
campaign on the ground, addressing several rallies a day. Kenyan
analysts say that he has been fuelled by a desire to redeem his
reputation before he retires in 2012.
Last week, he even publicly chastised Moi for the first time since
2002, saying that his no campaign was a "shame" and that he was
embarrassing himself. Moi responded by reminding people that Kibaki
had failed to meet a promise to deliver a new constitution within 100
days of taking power in 2002. When Kibaki did finally put a
constitution before the public in 2005, it was so flawed that voters
overwhelmingly rejected it.
The spat required the intervention of the national cohesion and
integration commission, which told Moi to respect the presidency, and
asked both men not to stoke tensions.
The referendum result is expected on Friday.
Highlights of the new constitution
- The president can be impeached and is far more accountable to
parliament
- The cabinet will be reduced from 44 members to between 14 and 22,
all drawn from outside parliament for the first time.
- MPs can be recalled by their constituents or dismissed if they miss
too many house sessions
- One-third of seats in all elective bodies, including parliament,
will be reserved for women
- Central power will be devolved to county governments, who will
represented in parliament by a senate
- An expanded bill of rights will give added protection to citizens
- A new land commission will look into historic injustices and corrupt
acquisitions
- The judiciary will be substantially reformed
- Dual citizenship is permitted for the first time
- All public officials will pay tax, including MPs
- Minimum and maximum landholdings will be prescribed
guardian.co.uk Copyright (c) Guardian News and Media Limited. 2010
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