Kenyans vote on draft constitution

Thousands of Kenyans lined up to vote today in a referendum on a draft constitution that spells out how East Africa’s largest economy will be run and its resources shared.

Maasai tribesmen left their spears and long knives at home to join the queues.

Voting began later than the scheduled 7am (4am Irish time) at some polling stations because election material arrived late for Kenya’s first referendum since its 1963 independence from Britain.

The draft charter has divided the government and its people, spawning bitter debate and violent campaigning that killed at least seven people.

Dozens were prevented from voting in the capital because their names were missing from voter rolls. A reporter for the independent Kenya Television Network said he saw supporters of the draft constitution paying people to vote for the charter in Busia, a town in western Kenya.

Supporters and opponents of the proposed constitution agree that Kenya needs a new constitution to curb decades of abuse of power by its leaders. But they disagree on its contents.

“I am sure that we shall win… Turnout is very high. It seems that it will be higher than during the last elections” that swept the opposition to power, Roads Minister Raila Odinga, who led the campaign against the charter, said after voting in Africa’s largest slum, Kibera.

Kenyans are casting their ballots at more than 19,000 polling stations across the country. The country has about 11.6 million registered voters, out of a population of 34 million.

Polls close at 5pm (1pm Irish time) and vote counting will be done at the stations and initial results were expected late today.

The only opinion poll, released last month, showed opposition at 42 per cent and support at 32 per cent – leaving a large block undecided.

The vote was also seen as a referendum on President Mwai Kibaki, elected in 2002 on a platform of fighting corruption, reforming the government, curbing unemployment and improving conditions for Kenyans.

Many believe he has failed to deliver on those promises.

There is concern that the results may be tainted by allegations of vote buying and attempts at rigging. At the Kibera slum, hundreds of people gathered outside polling stations to protect their vote.

Critics argue that the proposed charter fails to curb presidential powers because it rejects proposals to share the executive authority between the head of state, vice president, prime minister, the Cabinet and regional governments.

Supporters says the charter introduces land reforms, including banning foreigners from owning land and reducing the term for which foreigners can lease land – from 999 years to 99 years.

But some of the proposed reforms have angered some voters who say a provision that gives women the right to inherit family land goes against the practices of some tribes.

The document on which Kenyans will vote has been public since August, crafted by Attorney General Amos Wako from a draft created by a constitutional conference in March 2004 and one proposed by parliament in July.

Wako’s 197-page combination appears closer to parliament’s draft, which critics had charged gave the president too much power and contained provisions that were rejected by the constitutional conference.