Kenyans to Vote on Controversial Constitution

Wall Street Journal
August 2, 2010

Kenyans will vote on a controversial new constitution in a referendum on Wednesday—the latest step in a series of efforts by the nation's leaders to bring political change to their country to quell tribal tensions.

The U.S., eager to bring stability to a regional powerhouse and a strong ally in its fight against terrorism, maintains a new constitution is central to that effort. U.S. officials, including the Kenya ambassador, Michael Ranneberger, and Vice President Joseph Biden, who visited Nairobi in June, have spoken at length about the importance of the draft and the need for change. More than 1,300 people were killed in ethnic violence in the country in early 2008.

"A new constitution, if it is adopted, will strengthen Kenya's democratic institutions," said Johnnie Carson, the U.S. assistant secretary of state for African affairs in a recent interview. "We believe this is an opportunity for fundamental change, but the decision for that change is in the hands of Kenyans."

The draft provides for a more decentralized democracy that checks the power of the president and establishes two houses of parliament. The current system of government allows for an imperial presidency, where the executive branch holds most of the power. Historically, whatever tribe has held executive power has become the primary beneficiary of any government largesse.

The document also tackles the controversial issues of abortion, Islamic courts and land distribution. It allows, for example, the state to seize property for the benefit of the state, and gives parliament the mandate to enact land reform to address inequities and corruption.

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