A New Day in Kenya: Citizens Vote Peacefully for New Constitution

NAIROBI — For the first time since gaining independence from colonial rule more than 45 years ago, Kenyan citizens have a national constitution that the vast majority believes represents the will of the people. On August 4, 2010, the new constitution was approved by a referendum vote of 67 percent in favor to 33 percent against. More than 70 percent of the country's 12.7 million registered voters cast ballots, the largest turnout for a national election in Kenya's history.

"We've been trying to get a new constitution for years, and if we missed the opportunity again it would have been a disaster for us," said Evalyne Wanyana, national coordinator for UUSC's partner the Kenya National Alliance of Street Vendors and Informal Traders (KENASVIT).

The new constitution had the strong support, made clear through education and get-out-the-vote campaigning, of both KENASVIT and another UUSC program partner, Rock Women Group.

"Kenyans are determined to be democratic, to listen and accept one another, and for everyone to take responsibility for respecting one another," said Christine Milimu, secretary of the Rock Women Group, an organization of school teachers based in Nairobi who are developing and implementing innovative educational and job-training programs designed to help children and their families lift themselves out of poverty.

Atema Eclai, UUSC's programs director, is a native of Kenya who was in her homeland during the weeks leading up to the momentous referendum. She said the new constitution is groundbreaking in many aspects, primarily because it had widespread support from all levels of social and political life.

"It is a people's constitution, and if we really take the spirit of participation that we brought to creating the draft and the spirit that the constitution is ours — and if it's actionable — then it will mean forward movement and forward thinking for Kenya," said Eclai. (For a detailed analysis, read an interview with Eclai.)

Land reforms and bill of rights

The new constitution promises to change the current socioeconomic structure, primarily through a more equitable allocation of land ownership. A newly formed National Land Commission will clarify land inheritance, have the power to repossess illegally appropriated land, and cultivate land that has fallen into disuse.

In addition, the parliament will now be bicameral, with a new senate composed of representatives from 47 newly created counties that will have authority in local matters. This new level of government is intended to promote a more direct and accountable relationship between politicians and their constituents.

The new constitution also provides for strengthening justice and human rights in Kenya, including a new bill of rights that enshrines basic rights such as decent housing, health, an adequate supply of clean water and food, sanitation, and a clean and healthy environment. The document also covers a host of civil liberties and includes protections for women, ethnic and religious minorities, disabled people, and other marginalized groups.

"The historic win for the ‘yes' camp in the national referendum was a clear and resounding statement that Kenyans have been yearning for a new constitution. We in KENASVIT pay tribute to the thousands of informal traders who participated in the vote," said Simon Singale Ole Nasieku, KENASVIT's national coordinator. (Read Nasieku's "Kenyan Workers Celebrate New Constitution" for more details.)

Free secondary education

For the Rock Women Group, particular promise lies in the possibility of free secondary education (to supplement the free primary education currently provided by the government) as well as employment opportunities that will be generated at the county level. In addition, the constitution affirms the rights of youth to have access to employment and training opportunities.

One of the disabled youth who has participated in Rock Women Group's programs, now a student at Kenyatta University, was deeply involved in organizing for the rights of disabled people and in getting young people of voting age to participate in the referendum. The Rock Women leaders also educated parents and organized for youth over 18 to register and secure identification cards to be able to participate in the referendum.

The new draft constitution, prepared by a Committee of Experts, passed through a lengthy consultative process prior to the referendum. Citizens of Kenya actively participated in civic-education forums and worked to ensure that the vote would proceed peacefully. Nevertheless, anxiety hung over the nation in anticipation of the vote, with many fearing that the referendum day could erupt into violence similar to that which followed the presidential election of December 2007.

Just a few weeks before the referendum, former President Daniel arap Moi, who held the office from 1978 to 2002, launched a "No" campaign, using the color red to signify halting the approval of the new constitution. He invested heavily in airtime on Kenyan television and mobilized citizens, particularly in his home province in the Rift Valley, to oppose the draft constitution.

Misinformation campaign by opponents

In response to a misinformation effort by opponents, Kenyan civil-society leaders undertook a comprehensive civic-education campaign, including a green "Yes" campaign to counterbalance the "No" campaign. A delegation of citizens also approached Moi to confront his campaign and hear his concerns. After this dialogue, the group persuaded him that the majority of Kenyans were calling for a new constitution to reflect the high aspirations of the country and that he should not stand in the people's way.

KENASVIT supplemented its ongoing peace-building activities, which were undertaken with UUSC's support immediately following the post-election violence in 2008, by distributing copies of the proposed constitution and encouraging peaceful political participation. Street vendors played a particular role in distributing copies of the draft and urging people in the markets to read the draft so they could understand it better and reach their own conclusions.

"Many copies were published through daily newspapers and other publications during the civic-education period. While politicians were busy arguing, people were reading the draft and making up their minds," commented KENASVIT's Wanyama. (Read "New Constitution Means a Better Kenya for Future Generations" for a full report.)

The original constitution, currently in force until the new version is declared official, was created during the independence process in 1963 under the influence of British colonial authority. That document has been criticized for concentrating too much power in the hands of the president and allowing the majority of the nation's land to be held by a small group of political elites. In addition, the constitution lacked the means to hold ministers and members of parliament accountable for corruption and poor performance.

The new constitution is expected to become effective in late August 2010 and will be fully operational by 2012.

For additional post-election reporting from Nairobi, see "Kenya rejoices at the 'birth of a new republic.'"