Council for a Community of Democracies

Kenya’s Draft Constitution Proposes Power Sharing Agreement
November 24, 2009
By: Randi Zung

On November 17, in an effort to prevent violent political unrest, the Kenyan government revealed a draft of the country’s newly proposed constitution for public review. The current constitution gives the president almost unchecked power over the state. Following protocol, the draft constitution is now available for a 30-day review by the public. The review will then be followed by a vote in the national assembly to determine whether the new constitution will be passed or not. According to The East African, an African news outlet, Kenya became a one party country in 1982 under then-president Daniel arap Moi. In the late 1990s, Kenya returned to multiparty democracy. The first major attempt to change the constitution came in 2003. A draft of the new constitution was produced in 2004, and then subsequently rejected in 2005. The 2007 post-election violence was the impetus for the creation of the Committee of Experts in 2008. The Committee of Experts created this latest draft constitution.

The Associated Press reports that the proposed constitution would have positive outcomes, such as it would “eliminate political parties based on ethnicity” – a move towards reducing future incidents of violence and unrest. In addition, the latest draft proposes splitting power between the president and prime minister, as well as the reformation of the country’s Senate – which has not existed since the 1960s. According to AllAfrica.com, the new draft constitution also sets forth conditions for gender equality, stipulating that normally male dominated institutions must have one third of their representative body comprised of females.

BBC News reports that the new constitution will limit the current powers of the president, by putting the prime minister in charge of everyday government affairs. The president would function as the titular head of the government. In addition, the article reports that current Prime Minister Raila Odinga and current President Mwai Kibaki have long been political rivals – noting that neither individual has acknowledged the proposed power restructuring. The creators of the new draft constitution stated that the proposed power sharing changes will help ensure that the president does not abuse his executive powers. In 2007, the elections of Odinga and Kibaki caused a violent uprising that “left 1,300 people dead and 300,000 homeless.” The violence subsided after the two men agreed to a power sharing agreement – but BBC News reports that the agreement has been “shaky.” In addition to their power sharing agreement, they also agreed to help create and establish a new constitution. The first attempt at drafting a new constitution was in 2005. President Mwai Kibaki, whose term ends in 2012, is reported to be in favor of the proposed changes. Prime Minister Odinga has stated that he will hold his opinions in an effort to not influence the Kenyan citizenry.

Sources:
Associated Press - Kenya unveils constitution to avoid vote violence
http://www.google.com/hostednews/ap/article/ALeqM5iPhX1mecO0eC1pULJkFnsLjHsKkwD9C2MLSO1

AllAfrica.com - House Urges Haste Over Referendum
http://allafrica.com/stories/200911180270.html

BBC News - Kenya bid to cut president powers
http://news.bbc.co.uk/2/hi/africa/8364361.stm

AllAfrica.com - Election of President and MPs to Be Held Seven Days Apart
http://allafrica.com/stories/200911231950.html

The East African - New draft most ambitious in E. Africa’s independence history
http://www.theeastafrican.co.ke/news/-/2558/801970/-/pywr23z/-/

Also See:
Reuters - Kenya's draft new constitution
http://www.reuters.com/article/latestCrisis/idUSLH62819