Kenyans sting Kibaki by rejecting charter

NAIROBI - President Mwai Kibaki suffered a humiliating referendum defeat on Tuesday at the hands of voters disillusioned by his failure to keep promises to end graft and tribalism.

The overwhelming "No" vote sent jubilant anti-Kibaki crowds dancing into the streets and may bring a major realignment of Kenya's political forces before a 2007 election.

Kenyans have been calling for a new constitution since the early 1990s to replace one that critics say fosters corruption and nepotism because of the president's immense powers.

But critics said the new text failed to curb the president's huge powers, a touchy issue for Kenya's 32 million people fractured by years of so-called "Big Man" rule.

A 2004 draft created a powerful new prime minister's post, but that was watered down in the final version, with the president able to appoint and dismiss a prime minister whose main job would be to lead government matters in parliament.

The referendum also became a vote on Kibaki's performance in office since sweeping to victory in a 2002 election on a wave of resentment at poverty and corruption under the 24-year rule of his predecessor Daniel arap Moi.

Many Kenyans say he has failed to create enough jobs or end graft.

"We were voting to show our frustrations, we were rebelling against the government's empty promises," Yonah Opiyo, 23, said amid singing "No" supporters in Nairobi.

The "No" camp won 57 per cent of 6 million votes cast, official results showed.

Kibaki had staked his political prestige on the new charter to replace one dating back to independence from Britain in 1963. On Tuesday he put a brave face on defeat and praised Kenyans for voting peacefully.

"This is a major leap in the consolidation of democratic governance. The people have made a choice, and as I have always said, my government would respect the choice of the people."

In a statement, Kibaki gave no clear signal on the future of the constitutional project but said it was now time for his government to focus on development matters.

Professor Idha Salim, the first vice-chairman of the Constitution of Kenya Review Commission, the body that was tasked with spearheading an overhaul of the charter, said leaders should go back to the drawing board as soon as possible.

"The way forward is for all parties to appreciate that Kenyans need a new constitution to be completed quickly," he told Reuters. "Economic development is important, but it would be a pity if we say we go on with things as they are." The referendum campaign split Kibaki's ruling coalition, deepened tribal tensions and ignited unrest in which eight people died at rallies in a nation traditionally viewed by the West as a linchpin of stability in turbulent east Africa.

Debate turned on Tuesday to the political ramifications and how Kibaki will deal with seven rebel ministers who campaigned for a "No" vote in a move that split the ruling National Rainbow Coalition.

During the campaign he had threatened them with the sack.

Analysts were also assessing how much damage the vote had done to the re-election chances of the 74-year-old leader.

In Monday's vote, Kibaki had strong endorsement from the Central Province heartland of his own Kikuyu tribe. But he received uneven support in much of the rest of the country, especially in the Luo tribe's homeland in western Kenya.

Raila Odinga, the leader of the dissident government faction, the Liberal Democratic Party, is a Luo. He joined forces with the opposition in campaigning against the constitution.

But some analysts said the peaceful nature of Monday's vote and Kibaki's acceptance of the outcome might enhance his status in the eyes of foreign donors who have criticised him for graft.

Kibaki supporters, meanwhile, said there was no need to panic.

"There is no crisis, there is no vacuum and there is a constitution in place that will continue governing this country," Water Minister Martha Karua told Reuters.

- REUTERS