New Constitution: Referendum Fever in Kenya

Yes or No?On August 4th, Kenyans are queuing for one of the most important votes since independence in 1963.

After 20 years of struggle, and one previous attempt shot down at a referendum in 2005, Kenyans are finally about to get a new constitution that will radically improve the governance structures of the country.

The temperature of the debate had hit fever levels already by the time I returned to Kenya in June, and it has kept heating up since.

President Kibaki Addressing a "Yes" Rally
President Kibaki addressing a “Yes” rally

Nearly all the radio, and locally produced TV content is about the constitution. Most TV ads are either from the “Green” (yes) or “Red” (no) camps, from the Interrim Independent Electoral Commission (IIEC), the Commitee of Experts (CoE) that wrote the proposed constitution, the National Cohesion and Integration Commission (NCIC), or from some NGO reminding people to vote, and to do so peacefully.

A "No" Supporter
A “No” supporter

In any conversation lasting for more than 10 minutes, the subject of the constitution almost inevitably comes up. “Are you Yes or No?” has become one of the most commonly asked questions when two or more people get together.

Go for a car ride, and you are certain to see advertising boards featuring politicians or celebrities telling you to vote “Yes” or “No”, or simply to vote, or to abstain from violence.

The civil service is on a low gear, as most senior decision-makers, who are usually highly respected opinion leaders in the home areas, have been given the blessing of President Kibaki and his coalition partner, Prime Minister Raila Odinga, to go home and campaign for the new constitution. The very few senior civil servants in the “Red” camp are of course also allowed to promote their point of view, but they are only a handful. The open allignment of so many top public servants with the “Green” side has drawn heavy criticism from the anti-reformist camp, most of whom have their roots in the kleptocratic former regime of Daniel arap Moi.

Needless to say, the newspaper front pages (and most other pages as well) are all about the campaigns. Even the African Athletics Championship, which is being held in Nairobi, and where Kenya has so far taken 10 gold medals, barely makes it to the headlines as referendum campaigns has taken the monopoly of the media’s attention.

So far, the campaigning has been suprisingly peaceful, albeit with some fear of instability in the Rift Valley – the only real “Red” stronghold – where the police has been beefed up by an extra 20000 to tackle any attempts of violence against supporters of the new constitution in the aftermath of the referendum.

There’s no real doubt about the outcome. Most opinion polls indicate between 65% and 75% support for the new constitution, with 20%-25% opposing it. Most of the opposition rotates around regime cronies from the Moi regime, and from those who benefited massively from irregular land allocations in the years after independence. The new constitution provides a framework for long overdue land reforms, and those with dubious ownership of massive land areas are not very keen on that.

The new constitution explicitly states that abortion is not permitted, except if the mother’s life is in danger. For the Catholic church, it is obviously better to let both the mother and the unborn child die, so they have thrown their full weight behind the “No” campaign. The Catholic Church also owns large tracts of land in Kenya, but they claim that fear of land reforms has nothing to do with their opposition to the new constition..

Other churches, funded by far-right religious movements from the US had also initially joined the “No” campaign in an attempt of creating a united curch front against it.  Pragmatism is a strongly prevalent phenomenon, even among many church leaders in Kenya, so many of them have recently jumped ship, and joined the “Green” camp as opinion polls  make it clear that the only uncertainty is the margin of the “Yes” victory.

Former president Moi has been one of the leading figures of the “No” campaign. During his 24 year reign, he effectively thwarted any attempt at writing a new constitution. This time, his crusade to do what he does best – blocking reforms – seems headed for a massive defeat.

On the evening of August 4th, count on massive “Green” celebrations all over the country.  On the 5th, hopefully, Kenya will returns  normalcy, but with a brighter future than ever ahead!

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