Kenyan constitutional referendum, 2005
Encyclopedia
The 2005 Kenyan constitutional referendum was held on 21 November 2005. The proposed new constitution
was voted down by a 58% majority of Kenya
's voters. Many government officials, including President Mwai Kibaki
, had campaigned for a 'Yes' vote on the constitution, which divided the ruling National Rainbow Coalition
into camps, for and against the proposal.
Despite the rising number of literate
voters in Kenya (74%), votes are typically cast using symbols and text to indicate a preferred candidate. Thus, those who supported the constitution were assigned the symbol of the banana
, while the opposition were assigned the orange
as their means of representation.
The referendum divided Kenyans and spurred violence between Orange
and Banana supporters; nine people died during the campaign period spread over several months, but the process itself was peaceful.
. However, the final draft of the constitution retained sweeping powers for the Head of State.
The issue of land reform
was also prevalent, as disputes over land amongst Kenya's numerous ethnic groups are frequent. The draft constitution sought to deal with this and included measures against the ownership of land by foreigners (white immigrants and their descendants own numerous large tracts of land in Kenya). The constitution would have also permitted women to own land for the first time (only through inheritance) and sought to establish a 'land commission' which would manage and oversee the redistribution of land (the formation of the land commission was included primarily as a means of preventing the 'gifting' of land by government officials for favours). The land commission would also serve as a human rights
watchdog over land disputes and would attempt to give back land to ethnic groups and individuals who have unfairly lost land in the past.
The constitution sought also to classify land as either "government, community, or individual" property
. Many have been alarmed by a more radical provision which would allow the land commission to redistribute land that is 'idle' or not being used to its fullest potential to the landless and squatters. This met the most resistance amongst absentee land owners, and nomadic groups such as the Maasai, whose land could potentially be repossessed.
'Religious courts' were also an area of concern prior to the voting. Since Islam
ic religious courts already exist in Kenya, demands for courts specific to other religions (mainly Christian
and Hindu
) were adhered to and the draft constitution provided legal basis for a number of religious judiciaries.
Because Kibaki so vigorously promoted the new constitution and based his election campaign around it, many voters used the referendum merely as means to voice their approval or disapproval of the Kibaki government. In other words, many paid little attention to the actual text of the constitution and used the 'Yes' or 'No' vote to say 'Yes' or 'No' to the president. This would become the sentiment on which the victorious Orange camp would base their demands for snap-elections, claiming the government had lost its mandate to rule as a result of the 'No' vote by the people.
There was a single opinion poll taken: 42%(No) and 32%(Yes) and Undecided (22%) & Refused to answer (4%)
dismissed his entire cabinet and deputy ministers, moving quickly to reassert his political authority.
Of his decision Kibaki said, "Following the results of the Referendum, it has become necessary for me, as the President of the Republic, to re-organise my Government to make it more cohesive and better able to serve the people of Kenya."
Although the dismissal of individual officials is commonplace in government, the dissolution of the cabinet in its entirety is rare. The only member of the cabinet office to be spared a midterm exit was the Attorney General
, whose position is constitutionally protected against Kibaki's presidential powers. Vice President Moody Awori
retained his post, however, he has been deprived of his position as Minister of Home Affairs. The dismissal of the cabinet followed a seven month period in which its members never actually met formally, instead preferring to play political games with one another through the media. Kibaki has pledged to appoint a new cabinet within two weeks, until then he will be managing the nation's affairs single-handedly.
The cabinet had been increasingly divided for an extended period of time, and the issue of the constitution had created further fracturing. Because the National Rainbow Coalition was a grouping of several smaller parties (Democratic Party
, Forum for the Restoration of Democracy-Kenya, Liberal Democratic Party
, National Party of Kenya
), members of the Kibaki government maintain differing agendas and loyalties, often maintaining more loyalty to their party than to the Coalition. Corruption charges and investigations into the affairs of the cabinet had gone undisciplined by the president (more information can be found on the Mwai Kibaki
page), who had been criticized for not reeling in his officials.
The response to the sacking of the cabinet and ministers by Kenyans, as a result, has been overwhelming positive. However, the opposition spearhaded by the Orange Democratic Movement
(whose key members consist of a number of MPs from the now moribund cabinet) expressed that Kibaki had not gone far enough and a dissolution of both the Legislature and Administration is necessary. This combined with the referendum's failure and Kibaki's inability to deliver on his campaign promises caused an increase in demands for new elections for the entire Kenyan government by the opposition leaders.
After rallies on 27 November 2005 by the opposition demanding new elections as soon as possible, the Kenyan government outlawed all demonstrations
in support of new elections. The Kibaki government dismissed the idea of early elections, and claimed that such gatherings were a 'threat to national security'. The opposition encouraged nationwide pro-election demonstrations and scheduled an Orange team led rally at Mombasa Municipal Stadium
for 10 December. The government called in police to seal off access the Stadium and prevent the rally from taking place. All other pro-election rallies throughout the country were to be clamped down on by law enforcement. Kibaki postponed the reconvening of the Legislature, which was scheduled to resume its affairs on 6 December.
and the NPK
parties, who constitute the political backbone of Kibaki's regime. Both Ford Kenya and NPK formally withdrew their support for the Government, resulting in the rejection of the high-level posts by their MPs. Many cited a failure on Kibaki's part to consult with other member parties of the Coalition regarding the make-up of the new cabinet as the principal cause for the divergence within the Coalition.
On 9 December 2005, Kibaki carried out the official swearing-in of the new cabinet made up almost exclusively of his closest political allies.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
was voted down by a 58% majority of Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
's voters. Many government officials, including President Mwai Kibaki
Mwai Kibaki
Mwai Kibaki is the current and third President of the republic of Kenya.Kibaki was previously Vice President of Kenya for ten years from 1978–1988 and also held cabinet ministerial positions, including a widely acclaimed stint as Minister for Finance , Minister for Home Affairs and Minister for...
, had campaigned for a 'Yes' vote on the constitution, which divided the ruling National Rainbow Coalition
National Rainbow Coalition
The National Rainbow Coalition was a coalition of Kenyan political parties in power from 2002 and 2005 when it fell apart in a controversy between its wings about a constitutional referendum.-Formation:...
into camps, for and against the proposal.
Despite the rising number of literate
Literacy
Literacy has traditionally been described as the ability to read for knowledge, write coherently and think critically about printed material.Literacy represents the lifelong, intellectual process of gaining meaning from print...
voters in Kenya (74%), votes are typically cast using symbols and text to indicate a preferred candidate. Thus, those who supported the constitution were assigned the symbol of the banana
Banana
Banana is the common name for herbaceous plants of the genus Musa and for the fruit they produce. Bananas come in a variety of sizes and colors when ripe, including yellow, purple, and red....
, while the opposition were assigned the orange
Orange (fruit)
An orange—specifically, the sweet orange—is the citrus Citrus × sinensis and its fruit. It is the most commonly grown tree fruit in the world....
as their means of representation.
The referendum divided Kenyans and spurred violence between Orange
Orange Democratic Movement
Orange Democratic Movement refers to a political party in Kenya, which is the successor of a former grassroots people's movement which was formed in the 2005 Kenyan constitutional referendum. The erstwhile single party which separated in August 2007 into two...
and Banana supporters; nine people died during the campaign period spread over several months, but the process itself was peaceful.
Pre-voting situation
The main issues of contention throughout the drafting of the constitution were over how much power should be vested in the Head of State (the President, in this case), with many believing Kibaki was attempting to garner dictatorial powers. In previous drafts, those who feared a concentration of power in the president added provisions for European-style power-sharing between the President and Prime MinisterPrime Minister of Kenya
The Prime Minister of Kenya is a post in the Kenyan government. The first Prime Minister of Kenya was Jomo Kenyatta who became Prime Minister in 1963. In 1964, Kenya became a Republic and the post of Prime Minister was abolished and Jomo Kenyatta assumed the position of President...
. However, the final draft of the constitution retained sweeping powers for the Head of State.
The issue of land reform
Land reform
[Image:Jakarta farmers protest23.jpg|300px|thumb|right|Farmers protesting for Land Reform in Indonesia]Land reform involves the changing of laws, regulations or customs regarding land ownership. Land reform may consist of a government-initiated or government-backed property redistribution,...
was also prevalent, as disputes over land amongst Kenya's numerous ethnic groups are frequent. The draft constitution sought to deal with this and included measures against the ownership of land by foreigners (white immigrants and their descendants own numerous large tracts of land in Kenya). The constitution would have also permitted women to own land for the first time (only through inheritance) and sought to establish a 'land commission' which would manage and oversee the redistribution of land (the formation of the land commission was included primarily as a means of preventing the 'gifting' of land by government officials for favours). The land commission would also serve as a human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
watchdog over land disputes and would attempt to give back land to ethnic groups and individuals who have unfairly lost land in the past.
The constitution sought also to classify land as either "government, community, or individual" property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
. Many have been alarmed by a more radical provision which would allow the land commission to redistribute land that is 'idle' or not being used to its fullest potential to the landless and squatters. This met the most resistance amongst absentee land owners, and nomadic groups such as the Maasai, whose land could potentially be repossessed.
'Religious courts' were also an area of concern prior to the voting. Since Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
ic religious courts already exist in Kenya, demands for courts specific to other religions (mainly Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
and Hindu
Hindu
Hindu refers to an identity associated with the philosophical, religious and cultural systems that are indigenous to the Indian subcontinent. As used in the Constitution of India, the word "Hindu" is also attributed to all persons professing any Indian religion...
) were adhered to and the draft constitution provided legal basis for a number of religious judiciaries.
Because Kibaki so vigorously promoted the new constitution and based his election campaign around it, many voters used the referendum merely as means to voice their approval or disapproval of the Kibaki government. In other words, many paid little attention to the actual text of the constitution and used the 'Yes' or 'No' vote to say 'Yes' or 'No' to the president. This would become the sentiment on which the victorious Orange camp would base their demands for snap-elections, claiming the government had lost its mandate to rule as a result of the 'No' vote by the people.
There was a single opinion poll taken: 42%(No) and 32%(Yes) and Undecided (22%) & Refused to answer (4%)
Results
Ballot Question: Are you for or against the ratification of the proposed new constitution?| Option | Number of votes | Percentage |
| For | 2,578,831 | 41.88% |
| Against | 3,579,241 | 58.12% |
| Total | 6,158,072 | 100.00% |
Provincial Results
| Province | Yes | % | No | % | Registered Voters | Turnout | % | |||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Central | 1,023,219 | 93.2% | 74,394 | 6.8% | 1,795,277 | 1,097,613 | 61.1% | |||||
| Coast | 64,432 | 19.3% | 269,655 | 80.7% | 967,518 | 334,087 | 34.5% | |||||
| Eastern | 485,282 | 49.5% | 494,624 | 50.5% | 1,977,480 | 979,906 | 49.6% | |||||
| Nairobi | 161,344 | 43.2% | 212,070 | 56.8% | 961,295 | 373,414 | 38.8% | |||||
| North Eastern | 12,401 | 24.1% | 39,028 | 75.9% | 237,321 | 51,429 | 21.7% | |||||
| Nyanza | 114,077 | 12.2% | 822,188 | 87.8% | 1,664,401 | 936,265 | 56.3% | |||||
| Rift Valley | 395,943 | 24.5% | 1,218,805 | 75.5% | 2,668,981 | 1,614,748 | 60.5% | |||||
| Western | 240,582 | 40.2% | 358,343 | 59.8% | 1,322,604 | 598,925 | 45.3% | |||||
| Total | 2,532,918 | 41.7% | 3,548,477 | 58.3% | 11,594,877 | 6,081,395 | 52.4% | |||||
| Source: Electoral Commission of Kenya | ||||||||||||
Political fallout
After voters rejected a draft constitution, President Mwai KibakiMwai Kibaki
Mwai Kibaki is the current and third President of the republic of Kenya.Kibaki was previously Vice President of Kenya for ten years from 1978–1988 and also held cabinet ministerial positions, including a widely acclaimed stint as Minister for Finance , Minister for Home Affairs and Minister for...
dismissed his entire cabinet and deputy ministers, moving quickly to reassert his political authority.
Of his decision Kibaki said, "Following the results of the Referendum, it has become necessary for me, as the President of the Republic, to re-organise my Government to make it more cohesive and better able to serve the people of Kenya."
Although the dismissal of individual officials is commonplace in government, the dissolution of the cabinet in its entirety is rare. The only member of the cabinet office to be spared a midterm exit was the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
, whose position is constitutionally protected against Kibaki's presidential powers. Vice President Moody Awori
Moody Awori
Arthur Moody Awori , known as "Uncle Moody", was the 9th Vice President of Kenya from 25 September 2003 to 9 January 2008.-Politics:Awori was born in Butere. He went to Mangu High School in 1935, and later Kakamega High School...
retained his post, however, he has been deprived of his position as Minister of Home Affairs. The dismissal of the cabinet followed a seven month period in which its members never actually met formally, instead preferring to play political games with one another through the media. Kibaki has pledged to appoint a new cabinet within two weeks, until then he will be managing the nation's affairs single-handedly.
The cabinet had been increasingly divided for an extended period of time, and the issue of the constitution had created further fracturing. Because the National Rainbow Coalition was a grouping of several smaller parties (Democratic Party
Democratic Party (Kenya)
The Democratic Party is a conservative political party in Kenya.At the last legislative elections, 27 December 2002, the party was a partner in the National Rainbow Coalition, that won 56.1% of the popular vote and 125 out of 210 elected seats. The party itself took 36 of these seats...
, Forum for the Restoration of Democracy-Kenya, Liberal Democratic Party
Liberal Democratic Party (Kenya)
The Liberal Democratic Party was a political party in Kenya.In the general election held on 27 December 2002, the party was a partner in the National Rainbow Coalition, which won 56.1 % of the popular vote and 125 out of 212 elected seats. The party itself took 59 of these seats...
, National Party of Kenya
National Party of Kenya
The National Party of Kenya is a political party in Kenya.At the last legislative elections, 27 December 2002, the party was a partner in the National Rainbow Coalition, that won 56.1% of the popular vote and 125 out of 212 elected seats. The party itself took 6 of these seats...
), members of the Kibaki government maintain differing agendas and loyalties, often maintaining more loyalty to their party than to the Coalition. Corruption charges and investigations into the affairs of the cabinet had gone undisciplined by the president (more information can be found on the Mwai Kibaki
Mwai Kibaki
Mwai Kibaki is the current and third President of the republic of Kenya.Kibaki was previously Vice President of Kenya for ten years from 1978–1988 and also held cabinet ministerial positions, including a widely acclaimed stint as Minister for Finance , Minister for Home Affairs and Minister for...
page), who had been criticized for not reeling in his officials.
The response to the sacking of the cabinet and ministers by Kenyans, as a result, has been overwhelming positive. However, the opposition spearhaded by the Orange Democratic Movement
Orange Democratic Movement
Orange Democratic Movement refers to a political party in Kenya, which is the successor of a former grassroots people's movement which was formed in the 2005 Kenyan constitutional referendum. The erstwhile single party which separated in August 2007 into two...
(whose key members consist of a number of MPs from the now moribund cabinet) expressed that Kibaki had not gone far enough and a dissolution of both the Legislature and Administration is necessary. This combined with the referendum's failure and Kibaki's inability to deliver on his campaign promises caused an increase in demands for new elections for the entire Kenyan government by the opposition leaders.
After rallies on 27 November 2005 by the opposition demanding new elections as soon as possible, the Kenyan government outlawed all demonstrations
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
in support of new elections. The Kibaki government dismissed the idea of early elections, and claimed that such gatherings were a 'threat to national security'. The opposition encouraged nationwide pro-election demonstrations and scheduled an Orange team led rally at Mombasa Municipal Stadium
Mombasa Municipal Stadium
Municipal Stadium is a multi-purpose stadium in Mombasa, Kenya. It used mostly for football matches and is the home stadium of Coast Stars. The stadium holds 10,000 people....
for 10 December. The government called in police to seal off access the Stadium and prevent the rally from taking place. All other pro-election rallies throughout the country were to be clamped down on by law enforcement. Kibaki postponed the reconvening of the Legislature, which was scheduled to resume its affairs on 6 December.
Cabinet appointment
On 7 December 2005, exactly the two weeks he had promised to do so within, President Kibaki announced his new appointments for his Cabinet and empty minister positions. However, almost immediately a large portion of the appointees turned down the job offers, at least 19 MPs are said to have rejected the appointment. Many of those who turned down positions were members of FORD-KenyaFord-Kenya political party
FORD–Kenya is a Kenyan political party and was part of the ruling NARC coalition that ended forty years of KANU rule in Kenya...
and the NPK
National Party of Kenya
The National Party of Kenya is a political party in Kenya.At the last legislative elections, 27 December 2002, the party was a partner in the National Rainbow Coalition, that won 56.1% of the popular vote and 125 out of 212 elected seats. The party itself took 6 of these seats...
parties, who constitute the political backbone of Kibaki's regime. Both Ford Kenya and NPK formally withdrew their support for the Government, resulting in the rejection of the high-level posts by their MPs. Many cited a failure on Kibaki's part to consult with other member parties of the Coalition regarding the make-up of the new cabinet as the principal cause for the divergence within the Coalition.
On 9 December 2005, Kibaki carried out the official swearing-in of the new cabinet made up almost exclusively of his closest political allies.