Kenyan voters reject draft constitution

KENYAN President Mwai Kibaki conceded yesterday that voters rejected a new constitution that he had supported - the most serious political setback since he was elected in 2002.

The results from Monday's referendum have "shown clearly that many people rejected the proposed constitution. I would like to congratulate all for participating in this historic event," he said. "My government will respect the verdict of the people."

Mr Kibaki added that Kenya will not plunge into a constitutional vacuum because the current constitution will remain in force.

The referendum - Kenya's first since its 1963 independence from Britain - capped months of bitter divisions in the country.

Electoral chief Samuel Kivuitu said Kenyans rejected the proposed charter by 57% to 43% with nearly all votes counted. Final results will be published Friday.

The referendum was cast by Mr Kibaki's critics as a chance for voters to express their opinion of the president two years ahead of the next presidential race. The campaign was rarely about the provisions of the draft - whether the prime minister it proposed would have enough independence or whether enough powers were being devolved from central government to local administrations.

Opposition leader Uhuru Kenyatta said the vote "shows that the future of the country lies not in an imperial presidency, but in accountable leadership".

Thousands of opponents danced and sang in the streets of the capital, waving oranges - a symbol of the "no" vote - and leaves to celebrate the victory.

The rejection may serve to undermine Mr Kibaki's rule with two years left in his term. He was elected on a platform of fighting corruption, reforming government, curbing unemployment and improving conditions for Kenyans.

Many believe he has failed to deliver on those promises.

As a third of adult Kenyans cannot read, voters cast ballots marked with a banana for "yes" and an orange for "no".

Mr Kibaki has said the new charter was designed to curb decades of abuse of power. But opponents said it would further entrench the president's powers. The constitution would have also increased human rights guarantees and decentralised the government.

Preliminary results showed Kenyans generally voted along tribal lines. Opponents had accused the president's allies of hijacking the constitution-writing process and putting into the draft some provisions that appeared to favour their tribal interests.

Members of Mr Kibaki's Kikuyu tribe, Kenya's largest, and the Meru and Embu communities of his key allies voted strongly in favour of the draft. But those from the leading critics of the charter - including the Luo, Luhya, Kalenjin and coastal tribes - rejected it.

Opponents of the constitution said they were ready to work with their rivals to help Kenyans get a new constitution that reflects the views of all.

On Monday, electoral commission member Jack Tumwa said it had received reports of vote-buying. Police spokesman Jaspher Ombati said 20 people had been arrested in connection with various electoral offences. Violence marred the campaign and at least seven people were killed.