Kenya leader heads for defeat in charter poll

NAIROBI - Kenya's government looked headed for an embarrassing defeat on Tuesday according to preliminary results from a referendum seen as a test of strength ahead of 2007 polls.

Early returns from a plebiscite on Monday on a new constitution proposed by President Mwai Kibaki showed his foes in the lead in a contest that has degenerated into a struggle for political prestige that also deepened communal tensions.

Critics say the proposed charter, the first in four decades, fails to curb the president's huge powers, a key issue in a country fractured by years of so-called Big Man rule involving graft and tribalism.

Supporters say the president would be more answerable to parliament. The charter also allows men and women to have an equal right to inherit property, bans abortion unless permitted by an act of parliament, and prohibits same-sex marriages.

Figures issued by the Electoral Commission showed that with 977,311 votes counted, the "No" camp was ahead with 67 per cent of the tally to 33 per cent for the "Yes" camp led by Kibaki.

"It appears that quite a vast majority, at least from the results we are seeing this far, seem to be saying no to the proposed constitution," said political analyst Patrick Kiage.

"If the president was well advised, he should have stayed above the fray. What we have now is that there is a lot of work to do in terms of healing."

Kibaki's campaign, using the symbol of a banana, has seemed lackluster in comparison to the raucous energy seen at mass rallies staged by the main opposition party and a dissident faction from Kibaki's ruling National Rainbow Coalition (NARC).

The opposition is opposing the new charter under the symbol of an orange. The fruits were chosen by the electoral commission to help illiterate voters.

Kenyans say their disillusion with Kibaki stems mostly from disappointment over his spotty record on creating jobs.

The Orange camp said the early count showed it was heading for victory. "We thank Kenyans for their resolve. It is an indication of a win," said campaign spokesman Kaplich Barsito.

"It's like an orange revolution is taking over," said

The vote on the complicated charter - which would replace the existing text drawn up on the eve of independence from Britain in 1963 -- has boiled down to a power struggle between Kibaki and foes who say he has perpetuated corruption.

The tussle between Kibaki's "Yes" camp and his opponents' "No" campaign has widened a cabinet split and seen a realignment of forces as politicians eye the 2007 general election. The main opposition and a party from the ruling coalition backed a "No" vote.

Despite fears of more violence after eight deaths during the campaign, police said there were no major incidents on Monday. The electoral commission said returns so far indicated that turnout had been about 53 per cent.

Government spokesman Alfred Mutua said the poll had been free and fair. Kibaki, 74, who has staked his political survival on the vote, said tensions seen during weeks of campaigning marked by rancor and name calling had eased.

"People had become too involved in dirty politics but now they have calmed down," said Kibaki.

"Everything will be alright. People can go back now to their farms and their jobs," he added after voting.

- REUTERS