By: Eric C. Sigmund
Impunity Watch Reporter, Africa
NAIROBI, Kenya – Voters in Kenya today came out to vote in a historical referendum to approve a new constitution for the African state. The proposed constitution has been touted internationally for addressing issues of tribalism, centralization of power and corruption. This document would replace Kenya’s current constitution of 47 years old. Although official results from today’s vote will not be made public until Friday, opinion polls show public support for a new constitution above 60 percent.
The new constitution places significant limitations on political power and seeks to create a unified Kenya, free of tribal conflict. In addition to other significant changes, appointments of senior public servants and judges would require parliamentary approval and only professional lawyers and judges would be able to sit on the judiciary’s cabinet. The constitution also envisions a new method of sharing resources nationally in order to promote political and economic stability.
Despite these changes, some groups have expressed concern about the current draft. In particular, numerous U.S.-based Christian groups have poured money into anti-referendum campaigns claiming that the new constitution eases laws on abortion and Islamic courts. There has also been an outcry from international investors who oppose the new draft’s land holding policies which limit foreigners from owning land for a period of no longer than 99 years.
In preparation for the referendum, the government deployed over 63,000 police forces to polling sites throughout the nation in order to avoid politically motivated violence. The government also moved to strictly enforce hate speech laws against parliamentarians in the days leading up to the referendum for trying to instigate violence. Politicians have been known to exploit antagonism among ethnic tribes to encourage tribal conflict in order to maintain power and control. Many feared that this vote could lead to a repeat of the 2007 post-election bloodshed that left over 1,300 people dead and which forced over 300,000 to flee their homes as the violence spread in 2008. Currently there have been no reports of violence or intimidation during or after the referendum.
Even if the referendum results in the endorsement of the draft, it may still be difficult to finalize and eventually enforce the new laws. There are growing concerns that some tribal groups may attempt to revolt against the government. Mwalimu Mati, director of Mars Group Kenya, an anti-corruption watchdog group, warns of growing ethnic hatred among groups but claims that the arrest of high level officials has helped stave off violence. Mr. Mati knows however, that the country still has a tough time ahead and must address underlying tribal and ethnic hatred before a new constitution can be affective. Mr. Mati concludes that “[u]ntil we truly get to the bottom of resolving those problems, real change is a ways off yet.”
For more information, please see:
Al-Jazeera – Millions Vote in Kenya Referendum – 4 Aug., 2010
Christian Science Monitor – Kenya Referendum: Voters Cast Ballots, Tensions High – 4 Aug., 2010
Kenya Broadcasting Corporation – Voting in Kenya’s Referendum Closes – 4 Aug., 2010
Christian Science Monitor – Kenya Reins in Hate Speech Ahead of Constitution Vote – 18 June, 2010
