Kenyan Voters Approve New Constitution

Three years ago, the contested Kenyan presidential election resulted in violence that killed anywhere from 800 to 1,500 people and displaced somewhere between 180,000 and 250,000. As part of the peace settlement that ended that madness, a new constitution was drafted and submitted to the Kenyan people for their consent. Yesterday, the Interim Independent Electoral Commission announced that the referendum had passed by a margin of 2-1, and there was no violence. Unlike the death of the First Kenyan Republic, the birth of the Second was peaceful and democratic.

The newly approved document reduces the power of the president. It abolishes the position of prime minister. It caps the number of cabinet ministers. It devolves many powers to local governments. And it contains a bill of rights, a very liberal one. America's founders would be impressed by it.

The adversaries in the 2007 election stood side by side as the results become known. "Change has finally come to our land. It has come because we refused to give up. It has come because, finally, we agreed to work together," proclaimed Prime Minister Raila Odinga. President Mwai Kibaki said, "The successful and peaceful conclusion of this referendum shows that our democratic institutions have come of age."

It was not just the political bigwigs who were pleased. Daniel Howden writing for Britain's The Independent from Nairobi quoted Kenyan financial analysts Aly Khan Sutchu as saying, "Just taking the temperature and the pulse of the people this morning, everyone feels as optimistic as the day President Obama was voted in. It's a similar scenario with smiles on everyone's faces." Mr. Obama's father was Kenyan.

Not everyone is happy with the new basic law. Land reform is a big issue. Also, many church leaders dislike its fudging of the abortion issue and suggest gay marriage may become legal. The special arrangements that acknowledge a place for Islamic courts in certain matters could cause trouble as well. But what is truly promising is the way they have accepted their defeat and have decided to continue their struggle -- by amending the constitution using the process enshrined in that document. The rule of law may have been absent from Kenya three years ago, but it has returned stronger and healthier than ever.



© Copyright 2010 by The Kensington Review, Jeff Myhre, PhD, Editor. No part of this publication may be reproduced without written consent. Produced using Ubuntu Linux.

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