Kenyan constitutional referendum, 2010
Encyclopedia
A constitutional referendum was held in Kenya
on August 4, 2010 on whether to adopt a proposed new constitution passed by parliament on April 1, 2010. The new constitution is seen as a vital step to avoid a repetition of the violent outbursts
after the 2007 presidential election
.
The result was a victory for the "Yes" campaign, with official figures released by the Interim Independent Electoral Commission (IIEC) showing 66.9% in favour, with the results counted in all 210 constituencies
. The "No" campaign's main spokesman, Higher Education Minister William Ruto
, has conceded defeat. The new constitution was planned come into force within 14 days of the results being published and will then be ushered in through a series of Acts of Parliament
. The Kenyan parliament has placed Abdikadir Mohammed in charge of the Constitutional Implementation Oversight Committee
, established upon independence, was amended in 1982 following a coup attempt with the addition of section 2A, making Kenya a single-party state under President Daniel arap Moi
. Following protests in the late 1980s, section 2A was repealed in 1991, establishing the multi-party state, and the Constitution has existed unmodified since then. Although this was seen as a step forward, the country retained a reputation for corruption
and many Kenyans desired a completely revised document. This came a step closer to reality in 1998 when a law was passed in parliament calling for a review of the constitution. However, little was done to effect this during the remaining years of Moi's administration.
In the run-up to his victory in the 2002 general election, president Mwai Kibaki
had made constitutional reform and the anti-corruption drive a key priority. Despite promises to conduct a review early in the parliament, the new government continued to drag its feet. This was due mainly to the presence of senior officials from the previous regime, whose defection had been vital to Kibaki's election success, but who were ultimately unwilling to risk upsetting the status quo. Eventually, in 2004, a proposed new constitution known as the Bomas draft was released. This proposed wide-reaching changes to the structure of government, including the transfer of some powers from the president to a newly created post of prime minister
. Fearing the loss of power, senior government figures watered down the Bomas draft, leading to widespread opposition, civil unrest and the resignation of several senior members of Kibaki's coalition. The revised document was presented to the people in the November 2005 constitutional referendum
, and was defeated.
Following the referendum, the politicians that had campaigned against the draft united to form a new party in opposition, known as the Orange Democratic Movement
, after the symbol of an orange
, which had been present on the referendum ballot papers to signify a "no" vote. Despite splits, the party appeared to be in a strong position going into the 2007 presidential election
, but was ultimately defeated in controversial circumstances, leading to the violence of the 2007–2008 Kenyan crisis
. The peace deal that ended the crisis mandated that the constitutional question be revisited, which led in November 2009 to a new draft. After minor modifications and the passage of the draft through parliament, the referendum date was set for 4 August 2010.
Voter's choices in response to this question were "Yes" or "No". Due to high rates of illiteracy in the country, the law required that each response was accompanied by a visual symbol to ensure voters were aware of which choice they were making. The symbols chosen for this referendum were colours: green
for "Yes" and red
for "No."
In order to be passed, the referendum required a simple majority over-all and at least 25% of votes in five of Kenya’s eight provinces.
, Prime Minister Raila Odinga
, Vice President Kalonzo Musyoka
and both deputy Prime Ministers, Musalia Mudavadi
and Uhuru Kenyatta
. The notable exceptions to this were Minister for Higher Education, William Ruto
and Minister for Information, Samuel Poghisio
, who led the "No" campaign along with former president Daniel arap Moi
. These politicians felt the new law would not be good for Kenyans, arguing that the President would still retain excessive powers and that the provisions on land ownership were anti-capitalist.
The other major source of opposition to the constitution came from the Christian churches
, who feared it would lead to the legalisation of abortion, due to a clause permitting abortion
for maternal health reasons. The other clause considered contentious by the church was the inclusion of Kadhi courts
for settling some civil issues relating to Muslim
citizens. Although these courts have been present since pre-colonial times, they were not previously enshrined in the Constitution.
.
The result was a victory for the "Yes" campaign, with 66.9% in favour, versus 30.7% for "No" on a turnout of 72.2%. Most areas of the country voted in favour of the Constitution, with the notable exception of the Rift Valley Province, where the majority of voters followed the advice of local leaders William Ruto and Daniel arap Moi in voting against. The only area that failed to vote overwhelmingly as predicted was the Ukambani area of the lower Eastern Province
, where the "Yes" camp recorded only a very narrow victory despite support from local leaders Kalonzo Musyoka
and Charity Ngilu
.
, with messages of congratulations to the government and people of Kenya from, amongst others, US President Barack Obama
, former UN Secretary General Kofi Annan
and the leaders of other East African nations.
As required by the law mandating the referendum, the new Constitution will be signed into law within 14 days of the vote by President Kibaki. This is expected to be an historic occasion attended by foreign leaders and dignitaries.
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...
on August 4, 2010 on whether to adopt a proposed new constitution passed by parliament on April 1, 2010. The new constitution is seen as a vital step to avoid a repetition of the violent outbursts
2007–2008 Kenyan crisis
The 2007–2008 Kenyan crisis refers to a political, economic, and humanitarian crisis that erupted in Kenya after incumbent President Mwai Kibaki was declared the winner of the presidential election held on December 27, 2007. Supporters of Kibaki's opponent, Raila Odinga of the Orange Democratic...
after the 2007 presidential election
Kenyan presidential election, 2007
A presidential election was held as part of the Kenyan general election on December 27, 2007; parliamentary elections were held on the same date. Incumbent President Mwai Kibaki was declared the winner and sworn in on December 30, despite opposition leader Raila Odinga's claims of victory...
.
The result was a victory for the "Yes" campaign, with official figures released by the Interim Independent Electoral Commission (IIEC) showing 66.9% in favour, with the results counted in all 210 constituencies
Constituencies of Kenya
Constituencies of Kenya are used to select members of the Kenyan parliament. Currently there are 210 constituencies in Kenya. However, following the promulgation of the new constitution, the number of constituencies are to be increased to 290...
. The "No" campaign's main spokesman, Higher Education Minister William Ruto
William Ruto
William Kipchirchir Samoei arap Ruto is a Kenyan politician who was Minister for Higher Education until 19 October 2010 after being suspended for corruption. He is also one of the two deputy party leaders of the Orange Democratic Movement. He had previously served in the Ministry of Agriculture...
, has conceded defeat. The new constitution was planned come into force within 14 days of the results being published and will then be ushered in through a series of Acts of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
. The Kenyan parliament has placed Abdikadir Mohammed in charge of the Constitutional Implementation Oversight Committee
Background
The Constitution of KenyaConstitution of Kenya
The 1963 Constitution of Kenya was drawn up at independence. This constitution, heavily indebted to English law, had already been amended more than 30 times by 2010, but was widely agreed to require a major overhaul...
, established upon independence, was amended in 1982 following a coup attempt with the addition of section 2A, making Kenya a single-party state under President Daniel arap Moi
Daniel arap Moi
Daniel Toroitich arap Moi was the President of Kenya from 1978 until 2002.Daniel arap Moi is popularly known to Kenyans as 'Nyayo', a Swahili word for 'footsteps'...
. Following protests in the late 1980s, section 2A was repealed in 1991, establishing the multi-party state, and the Constitution has existed unmodified since then. Although this was seen as a step forward, the country retained a reputation for corruption
Corruption in Kenya
Political corruption in the post-colonial government of Kenya has had a history which spans the era of the Jomo Kenyatta and Daniel arap Moi's KANU governments to the Mwai Kibaki's NARC government. In the Corruption Perceptions Index 2005 Kenya is ranked 144th out of 159 countries for corruption...
and many Kenyans desired a completely revised document. This came a step closer to reality in 1998 when a law was passed in parliament calling for a review of the constitution. However, little was done to effect this during the remaining years of Moi's administration.
In the run-up to his victory in the 2002 general election, 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 made constitutional reform and the anti-corruption drive a key priority. Despite promises to conduct a review early in the parliament, the new government continued to drag its feet. This was due mainly to the presence of senior officials from the previous regime, whose defection had been vital to Kibaki's election success, but who were ultimately unwilling to risk upsetting the status quo. Eventually, in 2004, a proposed new constitution known as the Bomas draft was released. This proposed wide-reaching changes to the structure of government, including the transfer of some powers from the president to a newly created post of prime minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
. Fearing the loss of power, senior government figures watered down the Bomas draft, leading to widespread opposition, civil unrest and the resignation of several senior members of Kibaki's coalition. The revised document was presented to the people in the November 2005 constitutional referendum
Kenyan constitutional referendum, 2005
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...
, and was defeated.
Following the referendum, the politicians that had campaigned against the draft united to form a new party in opposition, known as 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...
, after the symbol of an 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....
, which had been present on the referendum ballot papers to signify a "no" vote. Despite splits, the party appeared to be in a strong position going into the 2007 presidential election
Kenyan presidential election, 2007
A presidential election was held as part of the Kenyan general election on December 27, 2007; parliamentary elections were held on the same date. Incumbent President Mwai Kibaki was declared the winner and sworn in on December 30, despite opposition leader Raila Odinga's claims of victory...
, but was ultimately defeated in controversial circumstances, leading to the violence of the 2007–2008 Kenyan crisis
2007–2008 Kenyan crisis
The 2007–2008 Kenyan crisis refers to a political, economic, and humanitarian crisis that erupted in Kenya after incumbent President Mwai Kibaki was declared the winner of the presidential election held on December 27, 2007. Supporters of Kibaki's opponent, Raila Odinga of the Orange Democratic...
. The peace deal that ended the crisis mandated that the constitutional question be revisited, which led in November 2009 to a new draft. After minor modifications and the passage of the draft through parliament, the referendum date was set for 4 August 2010.
Question
The referendum question was announced on May 13, 2010:Voter's choices in response to this question were "Yes" or "No". Due to high rates of illiteracy in the country, the law required that each response was accompanied by a visual symbol to ensure voters were aware of which choice they were making. The symbols chosen for this referendum were colours: green
Green
Green is a color, the perception of which is evoked by light having a spectrum dominated by energy with a wavelength of roughly 520–570 nanometres. In the subtractive color system, it is not a primary color, but is created out of a mixture of yellow and blue, or yellow and cyan; it is considered...
for "Yes" and red
Red
Red is any of a number of similar colors evoked by light consisting predominantly of the longest wavelengths of light discernible by the human eye, in the wavelength range of roughly 630–740 nm. Longer wavelengths than this are called infrared , and cannot be seen by the naked eye...
for "No."
In order to be passed, the referendum required a simple majority over-all and at least 25% of votes in five of Kenya’s eight provinces.
Campaign
Most senior figures in the coalition government were supporters of the "Yes" campaign, including 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...
, Prime Minister Raila Odinga
Raila Odinga
Raila Amollo Odinga , also popularly known to Kenyans as Agwambo, is a Kenyan politician, currently serving as the Prime Minister of Kenya in a coalition government. He has served as a Member of Parliament for Langata since 1992, was Minister of Energy from 2001 to 2002, and was Minister of Roads,...
, Vice President Kalonzo Musyoka
Kalonzo Musyoka
Stephen Kalonzo Musyoka is a Kenyan politician, currently serving as Vice President of Kenya. Musyoka served in the government under President Daniel arap Moi and was Minister for Foreign Affairs from 1993 until 1998; subsequently, under President Mwai Kibaki, he was Minister of Foreign Affairs...
and both deputy Prime Ministers, Musalia Mudavadi
Musalia Mudavadi
Wycliffe Musalia Mudavadi is a Kenyan politician, currently serving as Deputy Prime Minister and Minister for Local Government.Mudavadi was born in Sabatia, Vihiga District...
and Uhuru Kenyatta
Uhuru Kenyatta
Uhuru Muigai Kenyatta is a Kenyan politician, currently serving as Deputy Prime Minister, Minister for Finance and MP for Gatundu South Constituency. He is the Chairman of Kenya African National Union , the former ruling party, which is currently part of the Party of National Unity...
. The notable exceptions to this were Minister for Higher Education, William Ruto
William Ruto
William Kipchirchir Samoei arap Ruto is a Kenyan politician who was Minister for Higher Education until 19 October 2010 after being suspended for corruption. He is also one of the two deputy party leaders of the Orange Democratic Movement. He had previously served in the Ministry of Agriculture...
and Minister for Information, Samuel Poghisio
Samuel Poghisio
Samuel Losuron Poghisio is a Kenyan politician. He belongs to the Orange Democratic Movement-Kenya and was elected to represent the Kacheliba Constituency in the National Assembly of Kenya since the Kenyan parliamentary election, 2007....
, who led the "No" campaign along with former president Daniel arap Moi
Daniel arap Moi
Daniel Toroitich arap Moi was the President of Kenya from 1978 until 2002.Daniel arap Moi is popularly known to Kenyans as 'Nyayo', a Swahili word for 'footsteps'...
. These politicians felt the new law would not be good for Kenyans, arguing that the President would still retain excessive powers and that the provisions on land ownership were anti-capitalist.
The other major source of opposition to the constitution came from the Christian churches
Christianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...
, who feared it would lead to the legalisation of abortion, due to a clause permitting abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
for maternal health reasons. The other clause considered contentious by the church was the inclusion of Kadhi courts
Kadhi courts
Khadi courts or Khadis' courts are a court system in Kenya which enforce limited rights of inheritance, family, and succession for Muslims. The history of Kadhi courts extends prior to the colonization of East Africa in the 19th century and the courts continued under British rule and after Kenyan...
for settling some civil issues relating to Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
citizens. Although these courts have been present since pre-colonial times, they were not previously enshrined in the Constitution.
Controversy
The run-up to the referendum was largely peaceful, although there were isolated incidents of violence, such as when six people were killed and many more injured in June, 2010, in a bomb attack on a rally for the "No" campaign in NairobiNairobi
Nairobi is the capital and largest city of Kenya. The city and its surrounding area also forms the Nairobi County. The name "Nairobi" comes from the Maasai phrase Enkare Nyirobi, which translates to "the place of cool waters". However, it is popularly known as the "Green City in the Sun" and is...
.
Polls
Opinion polls taken between April and July 2010 showed a consistent lead for the "Yes" campaign, with support ranging between 49% and 64%, compared to a range of 17% — 22% for the "No" campaign.| Poll Date | Yes | No | Undecided |
|---|---|---|---|
| April 24, 2010 | 64% | 17% | 19% |
| May 29, 2010 | 63% | 21% | 16% |
| June 4, 2010 | 57% | 20% | 19% |
| July 7, 2010 | 49% | 22% | 22% |
| July 16, 2010 | 62% | 20% | 18% |
| July 23, 2010 | 58% | 22% | 17% |
Election
The vote took place amid tight security to avoid a repeat of the previous elections' aftermath. There were particular worries in the Rift Valley Province, where tensions between Kalenjin and Kikuyu populations had caused the worst of the 2007 violence. The vote eventually passed off peacefully, with no reports of violence.The result was a victory for the "Yes" campaign, with 66.9% in favour, versus 30.7% for "No" on a turnout of 72.2%. Most areas of the country voted in favour of the Constitution, with the notable exception of the Rift Valley Province, where the majority of voters followed the advice of local leaders William Ruto and Daniel arap Moi in voting against. The only area that failed to vote overwhelmingly as predicted was the Ukambani area of the lower Eastern Province
Eastern Province (Kenya)
The Eastern Province of Kenya is one of seven regions of the country. Its northern boundary is with Ethiopia; the North Eastern Province and Coast Province lie to the east and south; and the remainder of Kenya's provinces, including Central Province, run along its western border. The provincial...
, where the "Yes" camp recorded only a very narrow victory despite support from local leaders Kalonzo Musyoka
Kalonzo Musyoka
Stephen Kalonzo Musyoka is a Kenyan politician, currently serving as Vice President of Kenya. Musyoka served in the government under President Daniel arap Moi and was Minister for Foreign Affairs from 1993 until 1998; subsequently, under President Mwai Kibaki, he was Minister of Foreign Affairs...
and Charity Ngilu
Charity Ngilu
Charity Kaluki Ngilu is a Kenyan politician. She was Minister of Health from 2003 until 2007 and was appointed as Minister of Water and Irrigation in April 2008....
.
Results
Reaction and aftermath
The result was generally welcomed by the international communityInternational community
The international community is a term used in international relations to refer to all peoples, cultures and governments of the world or to a group of them. The term is used to imply the existence of common duties and obligations between them...
, with messages of congratulations to the government and people of Kenya from, amongst others, US President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
, former UN Secretary General Kofi Annan
Kofi Annan
Kofi Atta Annan is a Ghanaian diplomat who served as the seventh Secretary-General of the UN from 1 January 1997 to 31 December 2006...
and the leaders of other East African nations.
As required by the law mandating the referendum, the new Constitution will be signed into law within 14 days of the vote by President Kibaki. This is expected to be an historic occasion attended by foreign leaders and dignitaries.