New Constitution Means a Better Kenya for Future Generations

Evalyne Wanyana is the national coordinator of the Kenya National Alliance of Street Vendors and Informal Traders (KENASVIT), a UUSC economic-justice partner. She wrote the following post about the days leading up to and immediately following the approval of a new constitution that promises a brighter future for the vast majority of Kenyans.

For close to two decades, Kenyans have worked toward enacting a new constitution, the closest attempt being the 2005 referendum. At that time, Kenyans rejected the proposed constitution because it failed to represent the wishes of the majority.

As the bumpy road toward achieving a new and better constitution for Kenya continued to unwind, life for common citizens got worse by the day. Government malpractice, such as corruption, abuse of power, discrimination based on ethnicity, and denial of justice for marginalized communities, thrived against the backdrop of a weak constitution and inadequate governing institutions. Kenya was quickly acquiring a second name called "impunity."

Kenyans were rife with frustration and disappointment with the state of affairs in the country, and the disastrous consequences of the 2007 national elections crushed our hopes of bringing about the desired change through a democratic process. The post-election violence that followed the presidential election of December 2007 made us realize as a nation that the stability of our country and our future rested in having a new constitution, and thus we had to do all that it takes to put it in place.

The Committee of Experts on the constitution, with support from the citizens, civil-society groups, and faith-based organizations, worked around the clock to give Kenyans the proposed new constitution. When the final copy was released to the country on May 6, 2010, I obtained several copies for me, my friends, and my neighbors so that we could read it and be able to make informed decisions come August 4, the day of the referendum.

Although I have a very tight work schedule, I squeezed in time to read the proposed constitution. On many occasions I engaged in debates with my friends and neighbors, particularly on contentious clauses, such as abortion, the Kadhi courts, devolution, and land ownership.

This helped me learn more about my fellow Kenyans' views on these issues, and sometimes I ended up convincing some of my friends and neighbors who would have opposed the draft to support it during the referendum. I encouraged anyone who was in doubt due to distortions made by the opponents of the proposed constitution to get a copy and read it for themselves. The Yes campaign's civic-education program through the electronic media, print media, and public forums enlightened many Kenyans on the proposed constitution.

A few days before the national referendum, I took leave from work to travel to my home district where I am a registered voter. The day before voting, I went to confirm my polling station. On the morning of August 4, I woke up at 6:00 a.m. and set off to the polling station. On my arrival there, I found a short queue. At 6:35 a.m., I cast my vote and left the station, feeling happy with myself that I have done my duty as a citizen in this very important event that might change our country forever.

I went home and waited until the afternoon when results from the polling stations by the Interim Independent Electoral Commission began to be televised from  the Jomo Kenyatta International Conference Center. I retired to bed at 10:30 p.m. with poll results indicating that the Yes side was leading. By mid-morning the next day, it was clear Yes had won with 67 percent of the votes and that Kenya finally had a new constitution. I was happy that Kenyans came out with courage and in large numbers to give themselves and their country a new constitution — and that I was one of them.

Although I may not live to enjoy the full benefits of this constitution, I know that my children and grandchildren and the children of my fellow Kenyans will live in a better Kenya. The new constitution is a step in the right direction and its implementation calls for total commitment from our leaders and citizens, and I have decided that I will play my part in shaping the Kenya I want for me and the future generations.

God bless us all.