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A constitutional referendum was held inKenya on 4 August 2010.[1][2] Voters were asked whether they approved of aproposed new constitution, which had been passed by theNational Assembly on 1 April 2010. The new constitution was seen as a vital step to avoid a repetition of theviolent outbursts after the2007 general elections.[3]
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 MinisterWilliam Ruto, conceded defeat.[5] The new constitution came into force on 27 August.[6]
The1963 constitution was replaced by anew constitution in 1969. This was amended on several occasions, including a 1982 amendment that led to acoup attempt. The amendment saw the addition of a section 2A to the constitution, making Kenya a single-party state under PresidentDaniel 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 Following protests in the late 1980s, section 2A was repealed in 1991, establishing the multi-party state, and the constitution had existed unmodified since then.[7] Although this was seen as a step forward, the country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 forcorruption and many Kenyans desired a completely revised document. This came a step closer to reality in 1998 when a law was passed inparliament 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 the2002 general elections, PresidentMwai 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 theBomas 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 asemi-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 November2005 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 theOrange 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 the2007 presidential election, but was ultimately defeated in controversial circumstances, leading to the violence of the2007–2008 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]
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 asimple majority overall and at least 25% of votes in five of Kenya's eight provinces.[15]
Most senior figures in thecoalition government were supporters of the "Yes" campaign, including PresidentMwai Kibaki, Prime MinisterRaila Odinga, Vice-PresidentKalonzo Musyoka and both deputy Prime Ministers,Musalia Mudavadi andUhuru 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 presidentDaniel 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 theChristian 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 ofKadhi courts for settling some civil issues relating toMuslim citizens. Although these courts have been present since pre-colonial times, they were not previously enshrined in the Constitution.[19]
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 inNairobi.[20] TheUchaguzi 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 theRift Valley Province, where tensions betweenKalenjin andKikuyu populations had caused the worst of the 2007 violence. The vote eventually passed off peacefully, with no reports of violence.[21]
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.
| Date | For | Against | Undecided |
|---|---|---|---|
| 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% |
| 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 theRift 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 theUkambani area of the lowerEastern Province, where the "Yes" camp recorded only a very narrow victory despite support from local leadersKalonzo Musyoka andCharity Ngilu.[30]
| Choice | Votes | % |
|---|---|---|
 Yes | 6,092,593 | 68.55 |
| No | 2,795,059 | 31.45 |
| Valid votes | 8,887,652 | 97.60 |
| Invalid or blank votes | 218,633 | 2.40 |
| Total votes | 9,106,285 | 100.00 |
| Registered voters/turnout | 12,616,627 | 72.18 |
| Source:African Elections Database | ||
| Province | For | Against | Invalid/ blank | Total | Registered voters | Turnout | |||
|---|---|---|---|---|---|---|---|---|---|
| Votes | % | Votes | % | ||||||
| Central | 1,274,967 | 84.4 | 235,588 | 15.6 | 29,692 | 1,540,247 | 1,958,898 | 78.6 | |
| Coast | 425,626 | 79.24 | 111,532 | 20.76 | 16,388 | 553,546 | 997,086 | 55.5 | |
| Eastern | 741,109 | 56.43 | 572,109 | 43.57 | 32,480 | 1,345,698 | 2,028,444 | 66.3 | |
| Nairobi | 678,621 | 76.52 | 208,195 | 23.48 | 29,298 | 916,114 | 1,292,229 | 70.9 | |
| North Eastern | 110,992 | 95.71 | 4,970 | 4.29 | 599 | 116,561 | 231,928 | 50.3 | |
| Nyanza | 1,174,033 | 92.04 | 101,491 | 7.96 | 20,257 | 1,295,781 | 1,705,292 | 76.0 | |
| Rift Valley | 971,331 | 40.52 | 1,426,102 | 59.48 | 65,447 | 2,462,880 | 3,046,294 | 80.8 | |
| Western | 715,914 | 84.13 | 135,072 | 15.87 | 24,472 | 875,458 | 1,356,456 | 64.5 | |
| Total | 6,092,593 | 68.55 | 2,795,059 | 31.45 | 218,633 | 9,106,285 | 12,616,627 | 72.2 | |
| Source:African Elections Database | |||||||||
The result was generally welcomed by theinternational community, with messages of congratulations to the government and people of Kenya from, amongst others, US PresidentBarack Obama, former UN Secretary GeneralKofi Annan and the leaders of otherAfrican Great Lakes nations.[31]
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]
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