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New constitution rejected in
referendum
NAIROBI, 22 November (IRIN) -
Kenya's proposed new constitution has been rejected in a
referendum despite its having been supported by President Mwai
Kibaki and other key figures in his government, the country's
electoral commission announced on Tuesday.
The number of voters who cast their
ballot against the proposed constitution was 3.5 million, or 57
percent of the vote, compared to 2.5 million or 43 percent in
favour, the Chairman of the Electoral Commission of Kenya (ECK)
Samuel Kivuitu said.
"We declare that the proposed
new constitution was not ratified by voters as provided by the
law," Kivuitu said when he announced the results of Monday's
plebiscite.
Returns from a few of the country's
210 parliamentary constituencies where results had not been
received would not significantly alter the total number of ballots
cast for either side, he added.
Earlier, Kibaki, who had urged
Kenyans to approve the proposed new constitution, said he had
accepted the verdict of the people.
"It is clear that the majority
of the people have opposed the proposed new constitution - it is a
big step in strengthening democracy," said Kibaki. "I
congratulate you all for taking part in this historic event
peacefully," he added.
He said that the country would
continue to be run in accordance with the existing constitution
and that issues regarding constitutional review would continue to
be addressed as provided for under the law.
Speaking on behalf of politicians
who campaigned to have the draft constitution rejected, the
official leader of the opposition in parliament, Uhuru Kenyatta,
invited those who voted in favour of the document to join the
winning side and work for a better basic law for the country.
"We want to work with you to
create the Kenya we, all of us together, aspire to," said
Kenyatta. "A policy of national inclusion is the only one
that can hold us together and ensure that we meet the very basic
aspirations our people have," he added.
The rejected draft constitution
would have replaced the country's charter, which came into force
when Kenya gained independence from Britain in 1963.
The debate on Kenya's draft
constitution split Kibaki's administration. The president and his
camp favoured the new constitution, but six cabinet ministers
spearheaded a campaign to reject the document in the referendum.
They argued that the draft
maintained a presidency with overriding powers, pointing out that
Kenyans started agitating for a new constitution more than 15
years ago because they believed that Kibaki's predecessor had
misused presidential powers to undermine democracy and weaken the
economy.
Supporters of the draft
constitution, on the other hand, maintained that presidential
powers had been significantly curtailed in the proposed basic law.
They pointed out, for example, that
under the new document all presidential appointments were to be
subjected to vetting by parliament and that the president was
required to share executive power with a prime minister, various
constitutional commissions and proposed district governments.
Both sides also differed on the
details of the proposed devolution of powers from the national
government to district governments.
The rejection of the proposed
constitution was widely seen as a significant blow to Kibaki and a
shot in the arm for his Roads and Public Works Minister Raila
Odinga, the de-facto leader of the ministers who waged an
unrelenting campaign for the rejection of the draft constitution.
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