Constitutional referendum in Kenya 2010

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In the constitutional referendum on August 4, 2010 , the people of Kenya approved a new constitution with a clear majority , which restricted the rights of the president in favor of parliament . The new constitution came into force on August 27, 2010 and replaced the one that had been in force since 1963, which had been formulated with the participation of the former colonial power Great Britain .

In advance

The constitution, which has been in force since Kenya's independence, granted the president extensive powers and supported the one-party system that had been in existence for decades . International pressure forced President Daniel arap Moi to reintroduce a multi-party system in the early 1990s , and in December 1992 parliamentary elections were held for the first time with opposition parties participating .

The democratization process in Kenya led to several constitutional amendments, but a comprehensive constitutional reform was long delayed by Moi and his successor Mwai Kibaki . A first referendum on a new constitution took place on November 21, 2005; however, the constitutional amendments were rejected by the population with 58% of the votes cast.

Two years after the failed constitutional referendum, the controversial re-election of Kibaki led to weeks of unrest in Kenya , which only ended after a coalition government was formed. As a result of the unrest, renewed efforts were made to formulate a new constitution.

On November 17, 2009, the draft of the new constitution of Kenya, drawn up by the grand coalition, was presented. The final wording of the constitutional text was published on May 6, 2010, and a week later August 4, 2010 was set as the date for the constitutional referendum.

In the dispute over the new constitution on June 13, 2010, six people were killed with a hand grenade by an unknown perpetrator during a demonstration by opponents of the reform in Nairobi . The main opponents of the reform were the churches and the former President Daniel Arap Moi, as well as some ministers in the coalition government. Supporters included President Kibaki and Prime Minister Raila Odinga . Especially in the Rift Valley , the center of the unrest in 2007, a large number of no votes were expected.

Content of the draft constitution

The presented draft constitution led to the greatest political change in Kenya. It envisaged the restriction of the president's powers and the implementation of land reform. In addition, a Senate was created alongside the National Assembly. Medical abortion should remain allowed. In addition, fundamental rights and equality for women should be guaranteed, judicial reform carried out and dual citizenship made possible. Traditional Muslim jurisdiction should also be enshrined in the constitution. In the future, MPs should be able to be voted out of their constituencies if they neglect their parliamentary work. The number of ministers should be reduced to 22.

Presidency

The post of prime minister created after the 2007 elections will be abolished. All ministers, ambassadors, senior judicial officials and state secretaries must be approved by parliament. The president may rule a maximum of two times for five years each time.

senate

The Senate is to consist of the representatives of 47 administrative districts, 16 representatives of the National Assembly and two representatives each from youth associations and disabled people. The Senate, together with the National Assembly, can remove the President by means of a motion of no confidence.

Judiciary

The new constitution provided for the establishment of a supreme court , the Supreme Court of Kenya .

Land reform

A commission with far-reaching powers is to be created to correct “injustices” in the distribution of land. It can stop illegal land deals and return land to local communities. In addition, an upper limit should apply to private land ownership. Foreigners should only be allowed to lease land for a maximum of 99 years.

course

The referendum was largely peaceful. Because of the high turnout, there were sometimes long queues in front of the polling stations. 70,000 security guards were deployed across the country.

Result

Voting result (percentage of "yes" votes) on the constitutional referendum in the individual provinces: 1 - Central , 2 - Coast , 3 - Eastern , 4 - Nairobi , 5 - North-Eastern , 6 - Nyanza , 7 - Rift Valley , 8 - Western film

The constitution was adopted with a clear majority. 66.9% of the votes cast were in favor of the new constitution. The turnout was 72.2%. The only province where the new constitution was rejected was Rift Valley. Disputes over land reform are said to have been decisive for the outcome of the election.

Nationwide result

vote be right Share of votes †
Yes 6,092,593 68.55%
No 2,795,059 31.45%

† as a percentage of the valid votes

218,633 votes (2.40%) were invalid. The turnout was 72.18%.

Results by provinces

No. province Yes Yes
(in%)		 No No
(in%)		 Total valid
votes
 Invalid
votes
Total votes		 Registered
voters		 Participation
(in%)
1 Central 1,274,967 84.4 235,588 15.6 1,510,555 29,692 1,540,247 1,958,898 78.6
2 Coast 425,626 79.24 111,532 20.76 537.158 16,388 553,546 997.086 55.5
3 Eastern 741.109 56.43 572.109 43.57 1,313,218 32,480 1,345,698 2,028,444 66.3
4th Nairobi 678.621 76.52 208.195 23.48 886.816 29,298 916.114 1,292,229 70.9
5 North Eastern 110.992 95.71 4,970 4.29 115,962 599 116,561 231.928 50.3
6th Nyanza 1,174,033 92.04 101,491 7.96 1,275,524 20,257 1,295,781 1,705,292 76.0
7th Rift Valley 971.331 40.52 1.426.102 59.48 2,397,433 65,447 2,462,880 3,046,294 80.8
8th Western film 715.914 84.13 135,072 15.87 850.986 24,472 875.458 1,356,456 64.5
total 6,092,593 68.55 2,795,059 31.45 8,887,652 218,633 9.106.285 12,616,627 72.2

On August 27, President Mwai Kibaki officially enacted the constitution. The Sudanese President Umar al-Bashir, who was wanted for war crimes, was also present at the ceremony , which caused international criticism.

Reactions

The opponents of the new constitution admitted their defeat as early as the announcement of partial results. Education Minister William Ruto , the leader of the anti-constitutionalists, declared that he would respect the people's decision. After the official final results were established, President Kibaki set August 27, 2010 as the entry into force of the new constitution.

Energy Minister Kiraitu Murungi spoke of a rebirth in Kenya. Finance Minister Uhuru Kenyatta called on both sides to work together in the future.

EU Foreign Minister Catherine Ashton welcomed the vote on August 5th and spoke of a historic event for Kenya.

Web links

Individual evidence

  1. ↑ a b NZZ: Kenya's president puts constitution into force
  2. ↑ a b c Frankfurter Rundschau : Farewell to Feudalism , August 4, 2010.
  3. ↑ Dirk Berg-Schloss: Kenya . In: Poverty and Democracy: Political Participation and Interest Organization of the Urban Poor in Africa and Latin America . Campus, Frankfurt / Main 2000, ISBN 3-593-36632-0 , pp. 79-80.
  4. ↑ BBC News : Kenyans reject new constitution , Nov. 22, 2005.
  5. ↑ ABC News : Kenya Unveils Constitution to Avoid Vote Violence , November 19, 2009.
  6. ^ Daily Nation: Kenya referendum date set , May 14, 2010.
  7. ↑ a b c d e Frankfurter Allgemeine Zeitung : Kenya votes on new constitution , August 3, 2010.
  8. ^ Daily Nation: Game of numbers in scramble for the Rift , July 24, 2010.
  9. ↑ The Proposed CONSTITUTION OF KENYA (PDF; 492 kB) Attorney-General. May 6, 2010. Retrieved on August 4, 2010: “Section 26, Section 3: Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law. "
  10. ↑ a b the daily newspaper : The distribution of the country , August 3, 2010.
  11. ^ Constitution of Kenya (2010) (PDF; 1.3 MB). (English)
  12. ^ FAZ: Majority for a new constitution in Kenya , August 6, 2010.
  13. ^ ORF: Constitution should unite a divided country
  14. ↑ Interim Independent Electoral Commission of Kenya (IIEC): Kenya referendum results . Capital FM. August 6, 2010. Archived from the original on August 25, 2010. Retrieved on August 7, 2010.
  15. ↑ Ministers fail to deliver 'Yes' victory in Rift . In: Daily Nation , August 5, 2010. Retrieved August 6, 2010. 
  16. ↑ swissinfo : Kenyans give their country a new constitution , August 5, 2010.
  17. ^ Daily Nation: Kibaki to promulgate new law on August 27-9 , 2010.
  18. ^ A b Frankfurter Rundschau: Kenya gets a new constitution , August 6, 2010.