2010 Kenyan constitutional referendum

Last updated

2010 Kenyan constitutional referendum
Flag of Kenya.svg
4 August 2010
Do you approve the proposed new Constitution?
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes6,092,59368.55%
Light brown x.svgNo2,795,05931.45%
Valid votes8,887,652100.00%
Invalid or blank votes218,6332.46%
Total votes8,887,652100.00%
Registered voters/turnout12,616,62770.44%
 Kenya Provinces referendum 2010.svg
Results by province

A constitutional referendum was held in Kenya on 4 August 2010. [1] [2] Voters were asked whether they approved of a proposed new constitution, which had been passed by the National Assembly on 1 April 2010. The new constitution was seen as a vital step to avoid a repetition of the violent outbursts after the 2007 general elections. [3]

Contents

The result was a victory for the "Yes" campaign, with 68.6% of voters approving the constitution. [4] The "No" campaign's main spokesman, Higher Education Minister William Ruto, conceded defeat. [5] The new constitution came into force on 27 August. [6]

Background

The 1963 constitution was replaced by a new constitution in 1969. This was amended on several occasions, including a 1982 amendment that led to a coup attempt. The amendment saw the addition of a section 2A to the constitution, making Kenya a single-party state under President Daniel arap Moi. Following protests in the late 1980s, section 2A was repealed in 1991, establishing the multi-party state, and the constitution had existed unmodified since then. [7] Although this was seen as a step forward, the country retained a reputation for corruption and many Kenyans desired a completely revised document. This came a step closer to reality in 1998 when a law was passed in parliament calling for a review of the constitution. [8] However, little was done to effect this during the remaining years of Moi's administration.

In the run-up to his victory in the 2002 general elections, President Mwai Kibaki made constitutional reform and the anti-corruption drive a key priority. [9] Despite promises to conduct a review early in the parliament, the new government continued to drag its feet. This was due mainly to the presence of senior officials from the previous regime, whose defection had been vital to Kibaki's election success, but who were ultimately unwilling to risk upsetting the status quo. [10] Eventually, in 2004, a proposed new constitution known as the Bomas draft was released. This proposed wide-reaching changes to the structure of government, including the transfer of some powers from the President to a newly created post of Prime Minister, [11] representing a change to a semi-presidential republic. Fearing the loss of power, senior government figures watered down the Bomas draft, leading to widespread opposition, civil unrest and the resignation of several senior members of Kibaki's coalition. [11] The revised document was presented to the people in the November 2005 constitutional referendum, and was defeated. [10]

Following the referendum, politicians that had campaigned against the draft united to form a new party in opposition, known as the Orange Democratic Movement, after the symbol of an orange, which had been present on the referendum ballot papers to signify a "no" vote. Despite splits, the party appeared to be in a strong position going into the 2007 presidential election, but was ultimately defeated in controversial circumstances, leading to the violence of the 2007–2008 Kenyan crisis. [3] The peace deal that ended the crisis mandated that the constitutional question be revisited, which led in November 2009 to a new draft. After minor modifications and the passage of the draft through parliament, the referendum date was set for 4 August 2010. [12]

Question

The referendum question was announced on 13 May 2010:

Do you approve the proposed new Constitution?
Swahili: Je, unaikubali katiba mpya inayopendekezwa?

Voter's choices in response to this question were "Yes" or "No". To reduce confusion and make it easier for understanding, the law required that each response was accompanied by a visual symbol to ensure voters were aware of which choice they were making. [13] The symbols chosen for this referendum were colours: green for "Yes" and red for "No". [14]

To be passed, the referendum required a simple majority overall and at least 25% of votes in five of Kenya's eight provinces. [15]

Campaign

Most senior figures in the coalition government were supporters of the "Yes" campaign, including President Mwai Kibaki, Prime Minister Raila Odinga, Vice-President Kalonzo Musyoka and both deputy Prime Ministers, Musalia Mudavadi and Uhuru Kenyatta. [16] The notable exceptions to this were Minister for Higher Education, William Ruto and Minister for Information, Samuel Poghisio, who led the "No" campaign along with former president Daniel arap Moi. These politicians felt the new law would not be good for Kenyans, arguing that the President would still retain excessive powers and that the provisions on land ownership were anti-capitalist. [17]

The other major source of opposition to the constitution came from the Christian churches, who feared it would lead to the legalisation of abortion, due to a clause permitting abortion for maternal health reasons. [18] The other clause considered contentious by the church was the inclusion of Kadhi courts for settling some civil issues relating to Muslim citizens. Although these courts have been present since pre-colonial times, they were not previously enshrined in the Constitution. [19]

Conduct

The run-up to the referendum was largely peaceful, although there were isolated incidents of violence, such as when six people were killed and many more injured in June 2010, in a bomb attack on a rally for the "No" campaign in Nairobi. [20] The Uchaguzi organisation was established to monitor the referendum.

The vote took place amid tight security to avoid a repeat of the previous elections' aftermath. There were particular worries in the Rift Valley Province, where tensions between Kalenjin and Kikuyu populations had caused the worst of the 2007 violence. The vote eventually passed off peacefully, with no reports of violence. [21]

Opinion polls

Opinion polls taken between April and July 2010 showed a consistent lead for the "Yes" campaign, with support ranging between 49% and 64%, compared to a range of 17% — 22% for the "No" campaign.

DateForAgainstUndecided
24 April 2010 [22] 64%17%19%
29 May 2010 [23] 63%21%16%
4 June 2010 [24] 57%20%19%
7 July 2010 [25] 49%22%22%
16 July 2010 [26] 62%20%18%
23 July 2010 [27] 58%22%17%

Results

Results by Province 1. Central 2. Coast 3. Eastern 4. Nairobi 5. North Eastern 6. Nyanza 7. Rift Valley 8. Western Kenya Provinces referendum 2010.svg
Results by Province
1. Central
2. Coast
3. Eastern
4. Nairobi 		5. North Eastern
6. Nyanza
7. Rift Valley
8. Western

The result was a victory for the "Yes" campaign, with 69% in favour and 31% against on a turnout of 72.2%. [28] Most areas of the country voted in favour of the Constitution, with the notable exception of the Rift Valley Province, where the majority of voters followed the advice of local leaders William Ruto and Daniel arap Moi in voting against. [29] The only area that failed to vote overwhelmingly as predicted was the Ukambani area of the lower Eastern Province, where the "Yes" camp recorded only a very narrow victory despite support from local leaders Kalonzo Musyoka and Charity Ngilu. [30]

Referendum results
ChoiceVotes %
Check-71-128-204-brightblue.svg Yes6,092,59368.55
No2,795,05931.45
Valid votes8,887,65297.60
Invalid or blank votes218,6332.40
Total votes9,106,285100.00
Registered voters/turnout12,616,62772.18
Source: African Elections Database

By province

ProvinceForAgainstInvalid/
blank		TotalRegistered
voters		Turnout
Votes%Votes%
Central1,274,96784.4235,58815.629,6921,540,2471,958,89878.6
Coast425,62679.24111,53220.7616,388553,546997,08655.5
Eastern741,10956.43572,10943.5732,4801,345,6982,028,44466.3
Nairobi678,62176.52208,19523.4829,298916,1141,292,22970.9
North Eastern110,99295.714,9704.29599116,561231,92850.3
Nyanza1,174,03392.04101,4917.9620,2571,295,7811,705,29276.0
Rift Valley971,33140.521,426,10259.4865,4472,462,8803,046,29480.8
Western715,91484.13135,07215.8724,472875,4581,356,45664.5
Total6,092,59368.552,795,05931.45218,6339,106,28512,616,62772.2
Source: African Elections Database

Reactions

The result was generally welcomed by the international community, with messages of congratulations to the government and people of Kenya from, amongst others, US President Barack Obama, former UN Secretary General Kofi Annan and the leaders of other African Great Lakes nations. [31]

Aftermath

As required by the law mandating the referendum, the new Constitution was formally promulgated in a ceremony on 27 August 2010 by President Kibaki. This historic occasion was attended by foreign leaders and dignitaries from Africa and all over the world. [32]

Related Research Articles

<span class="mw-page-title-main">Politics of Kenya</span> Political system of Kenya

The politics of Kenya take place in a framework of a presidential representative democratic republic, whereby the president is both head of state and head of government, and of a multi-party system in accordance with a new constitution passed in 2010.

<span class="mw-page-title-main">Daniel arap Moi</span> President of Kenya from 1978 to 2002

Daniel Toroitich arap Moi was a Kenyan politician who served as the second president of Kenya from 1978 to 2002. He is the country's longest-serving president to date. Moi previously served as the third vice president of Kenya from 1967 to 1978 under President Jomo Kenyatta, becoming the president following the latter's death.

<span class="mw-page-title-main">Kenya African National Union</span> Political party in Kenya

The Kenya African National Union (KANU) is a Kenyan political party that ruled for nearly 40 years after Kenya's independence from British colonial rule in 1963 until its electoral loss in 2002. It was known as Kenya African Union (KAU) from 1944 but due to pressure from the colonial government, KAU changed its name to Kenya African Study Union (KASU) mainly because all political parties were banned in 1939 following the start of the Second World War. In 1946 KASU rebranded itself into KAU following the resignation of Harry Thuku as president due to internal differences between the moderates who wanted peaceful negotiations and the militants who wanted to use force, the latter forming the Aanake a forty, which later became the Mau Mau. His post was then occupied by James Gichuru, who stepped down for Jomo Kenyatta in 1947 as president of KAU. The KAU was banned by the colonial government from 1952 to 1960. It was re-established by James Gichuru in 1960 and renamed KANU on 14 May 1960 after a merger with Tom Mboya's Kenya Independence Movement.

<span class="mw-page-title-main">Mwai Kibaki</span> President of Kenya from 2002 to 2013

Emilio Mwai Kibaki was a Kenyan politician who served as the third President of Kenya from December 2002 until April 2013.

<span class="mw-page-title-main">President of Kenya</span> Head of state and government of Kenya

The president of the Republic of Kenya is the head of state and head of government of the Republic of Kenya. The President is also the head of the executive branch of the Government of Kenya and is the commander-in-chief of the Kenya Defence Forces.

<span class="mw-page-title-main">Uhuru Kenyatta</span> President of Kenya from 2013 to 2022

Uhuru Muigai Kenyatta is a Kenyan politician who served as the fourth president of Kenya from 2013 to 2022.

<span class="mw-page-title-main">Kalonzo Musyoka</span> 10th Vice President of Kenya

Stephen Kalonzo Musyoka is a Kenyan politician who was the tenth Vice-President of Kenya from 2008 to 2013. Musyoka served in the government under the late President Daniel arap Moi as the Secretary of Kenya African National Union party (1980-1988), Assistant Minister for Works (1986-1988), Deputy Speaker of the National Assembly (1988-1992), Minister for Foreign Affairs from 1993 until 1998, Minister of Education (1998-2001); and subsequently, under the late President Mwai Kibaki, he was Minister of Foreign Affairs again from 2003 to 2004, then Minister of the Environment from 2004 to 2005. He was an unsuccessful candidate in the 2007 presidential election, after which he was appointed vice-president by Kibaki in January 2008.

<span class="mw-page-title-main">Elections in Kenya</span> Political elections for public offices in Kenya

Elections in Kenya take place within the framework of a multi-party democracy and a presidential system. The President, Senate and National Assembly are directly elected by voters, with elections organised by the Independent Electoral and Boundaries Commission (IEBC).

<span class="mw-page-title-main">William Ruto</span> President of Kenya since 2022

William Kipchirchir Samoei arap Ruto is a Kenyan politician who since 13 September 2022 has been serving as the fifth president of Kenya. Prior to becoming president, he served as the first elected deputy president of Kenya from 2013 to 2022. Previously, holders of the position were referred to as Vice President and the officeholder was unelected and appointed by the President. He previously served in three cabinet portfolios as the Minister for Home Affairs, the Minister of Agriculture and as Minister for Higher Education.

<span class="mw-page-title-main">Musalia Mudavadi</span> Prime Cabinet Secretary of Kenya since 2022

Wycliffe Musalia Mudavadi is a Kenyan politician and land economist who is currently serving as the Prime Cabinet Secretary of Kenya. Until October 2022, he was also the party leader of the Amani National Congress (ANC), one of the founding political parties, of the Kenya Kwanza alliance. He served as the 7th Vice-President of Kenya in 2002 and Deputy Prime Minister (2008–2012), when he resigned to contest for the Presidency in the 2013 Kenyan general election and emerged third. He was the deputy party leader of the Orange Democratic Movement (ODM) (2005–2012) and Party Leader of the United Democratic Forum Party (UDF) from May 2012 to July 2015.

<span class="mw-page-title-main">Raila Odinga</span> Prime Minister of Kenya from 2008 to 2013

Raila Amolo Odinga is a Kenyan politician who was the prime minister of Kenya from 2008 to 2013. He was the Member of Parliament (MP) for Langata Constituency from 1992 to 2013 and has been the Leader of Opposition in Kenya since 2013. He is the leader of Azimio la Umoja–One Kenya Coalition Party.

<span class="mw-page-title-main">2005 Kenyan constitutional referendum</span>

A constitutional referendum was held in Kenya on 21 November 2005. Although many government officials, including President Mwai Kibaki, had campaigned for a "yes" vote, the proposed new constitution was rejected by 58% of voters.

The Orange Democratic Movement (ODM) is a centre-left political party in Kenya. It is the successor of a grassroots people's movement which was formed during the 2005 Kenyan constitutional referendum campaign. This movement separated in August 2007 into the Orange Democratic Movement Party of Kenya and the Wiper Democratic Movement – Kenya.

<span class="mw-page-title-main">George Saitoti</span> 6th Vice President of Kenya

George Musengi Saitoti, E.G.H. was a Kenyan politician, businessman and American- and British-trained economist, mathematician and development policy thinker.

<span class="mw-page-title-main">John Michuki</span> Kenyan politician and businessman

John Njoroge Michuki was a Kenyan politician and businessman. He was born at Muguru, village, Iyego Location, Kangema Division in Murang’a District. He was educated in Kenya and abroad. Michuki emerged as one of the prominent and long-serving civil servants and politicians as well as a businessman in Kenya. Michuki served Kenya in various capacities, including Permanent Secretary in the Finance Ministry, Chairman of the Kenya Commercial Bank, Member of Parliament and Cabinet Minister. He was serving his 4th five-year term as a Member of Parliament for Kangema Constituency. Michuki had a reputation as a "ruthless" and efficient manager, and was widely acknowledged as among the best performing ministers in President Kibaki's Government. He was serving as the Minister for Environment and National Resources at the time of his death.

<span class="mw-page-title-main">2007 Kenyan general election</span>

General elections were held in Kenya on 27 December 2007. Voters elected the President, and members of the National Assembly. They coincided with the 2007 Kenyan local elections.

A list of happenings in 2010 in Kenya:

<span class="mw-page-title-main">2013 Kenyan general election</span>

General elections were held in Kenya on 4 March 2013. Voters elected the President, members of the National Assembly and newly formed Senate. They were the first elections held under the new constitution, which was approved in a 2010 referendum, and were also the first run by the new Independent Electoral and Boundaries Commission (IEBC). They coincided with the 2013 Kenyan local elections.

<span class="mw-page-title-main">2018 Kenya handshake</span> 2018 political truce between two leading political factions

The 2018 Kenya handshake was a political truce made on 9 March 2018 between Kenyan President Uhuru Kenyatta and former Kenyan Prime Minister Raila Odinga. The two had been the leaders of opposing political factions amidst widespread political violence and civil unrest; they had previously faced one another in the contested 2017 Kenyan general election. Under the agreement, their political feud with an agreement that Kenyatta would support Odinga in the upcoming presidential elections. Consequently, the Azimio coalition was formed, Uhuru became its chairman, and Odinga became the presidential candidate with Martha Karua as his running mate. They lost to William Ruto, who was then Kenyatta's deputy. They challenged Ruto's victory in the Supreme Court, but Chief Justice Martha Koome said his claims did not meet the evidentiary threshold and dismissed the case. At a March 2023 protest in Nairobi they demanded an audit of the IEBC election servers.

<span class="mw-page-title-main">2021 Kenyan constitutional referendum attempt</span> 2021 political related event

The Building Bridges Initiative (BBI) was a proposed set of amendments to the Constitution of Kenya initially proposed in October 2019. In the wake of the 2017 general election annulment and subsequent re-run, incumbent President Uhuru Kenyatta mandated the formation of the Presidential Taskforce on Building Bridges to Unity Advisory on 31 May 2018. The Taskforce was assigned to provide constitutional and legislative solutions in 9 broad categories:

  1. Lack of National Ethos
  2. Ethnic Antagonism and Competition
  3. Responsibilities and Rights
  4. Shared Prosperity
  5. Divisive Elections
  6. Safety and Security
  7. Devolution
  8. Corruption
  9. Inclusivity

References

  1. ↑ "Kenya referendum date set", Daily Nation, 14 May 2010
  2. ↑ "Kenya votes in referendum on new constitution", BBC, 4 August 2010
  3. 1 2 The Earthtimes (3 April 2010). "US: Kenya needs unified effort behind draft constitution | Earth Times News". Earthtimes.org. Retrieved 7 August 2010.
  4. ↑ Election Results IEBC
  5. ↑ Gekara, Emeka-Mayaka; Menya, Walter; Wanja, Joy (5 August 2010). "'No' camp concedes referendum defeat". Daily Nation.
  6. ↑ Ottilia A. Maunganidze (2012) Pouvoir Et Poursuite, Défis Et Opportunités Pour la Justice Pénale Internationale en Afrique SubSaharienne, Universitätsverlag Göttingen, p114
  7. ↑ Firestone, Matthew (2009). Kenya. Lonely Planet Publications. p. 31. ISBN   978-1-74104-773-8 . Retrieved 5 August 2010.
  8. ↑ Firestone p32
  9. ↑ "Kenyan opposition 'to fight corruption'". BBC News. 23 October 2002.
  10. 1 2 Firestone, p33
  11. 1 2 Matheson, Ishbel (22 July 2005). "Kenya's fight for a constitution". BBC News.
  12. ↑ Kariui, Anthony (14 May 2010). "Kenya referendum date set". Daily Nation.
  13. ↑ Ngirachu, John (14 May 2010). "Symbols for referendum out next week". Daily Nation.
  14. ↑ Mathenge, Oliver (17 May 2010). "Kenya referendum: Its Green vs Red". Daily Nation.
  15. ↑ Gettleman, Jeffrey (4 August 2010). "New Constitution Nears Approval in Kenya". The New York Times .
  16. ↑ Barasa, Lucas (28 June 2010). "'Yes' camp unveils its plan for poll victory". Daily Nation.
  17. ↑ Odunga, Dennis (19 April 2010). "Draft law bad for Kenyans, says Ruto". Daily Nation.
  18. ↑ Richard Allen Greene (4 August 2010). "Kenya's churches unite against draft constitution". CNN. Retrieved 9 March 2019.
  19. ↑ Ross, Will (3 August 2008). "Kenyan referendum vote brings out fruity colours". BBC. Retrieved 4 August 2010.
  20. ↑ Stack, Liam (14 June 2010). "Kenya bomb attacks kill six at constitution rally". The Christian Science Monitor. Retrieved 15 July 2010.
  21. ↑ "Kenya's Rift Valley relieved, anxieties remain". Reuters Africa. 6 August 2010. Archived from the original on 4 June 2012. Retrieved 6 August 2010.
  22. ↑ 64pc Kenyans say Yes: Synovate poll [ permanent dead link ]Capital FM (Poll by Synovate Research)
  23. ↑ Kadhi ruling will not affect Kenya referendum vote-poll Archived 12 January 2012 at the Wayback Machine Daily Nation (Poll by Infotrak Harris)
  24. ↑ Poll: Support for new Kenya law drops to 57pc Daily Nation (Poll by Synovate Research)
  25. ↑ Annan: What 'Yes' team must do for clear win The Standard (Report by Kenya National Dialogue and Reconciliation Monitoring Project)
  26. ↑ 62pc Kenyans want Yes: Poll Archived 18 July 2010 at the Wayback Machine Capital FM
  27. ↑ Support for Kenya new law drops to 58pc Archived 12 January 2012 at the Wayback Machine Daily Nation
  28. ↑ Interim Independent Electoral Commission of Kenya (IIEC) (6 August 2010). "Kenya referendum results". Capital FM. Archived from the original on 25 August 2010. Retrieved 7 August 2010.
  29. ↑ "Ministers fail to deliver 'Yes' victory in Rift". Daily Nation. 5 August 2010. Archived from the original on 11 August 2010. Retrieved 6 August 2010.
  30. ↑ Odalo, Bob (5 August 2010). "'No' results shock VP, Ngilu in Ukambani". Daily Nation. Retrieved 6 August 2010.
  31. ↑ Namunane, Bernard (6 August 2010). "Kibaki to sign new laws amid pomp and fanfare". Daily Nation. Retrieved 6 August 2010.
  32. ↑ Kenya president ratifies new constitution BBC News, 27 August 2010
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.