Kenyans begin voting on new constitution as police seek to avoid repeat of 2007-08 killings

By Tom Odula, AP
Tuesday, August 3, 2010

Kenya votes on new constitution amid high security

NAIROBI, Kenya — Kenyans formed long lines in the capital before sunrise Wednesday to vote on a new constitution that would reduce the powers of the presidency in the nation’s first ballot since postelection violence left more than 1,000 dead.

Leaders here have called on the country to carry out a peaceful referendum, and promised increased security to ward off the violence that plagued the last national vote.

Police say they are better placed to deal with post-vote violence than the last national vote in 2007-08, when gangs hacked opponents to death and police were accused of shooting sprees.

Enthusiasm for the new constitution appeared high in the Nairobi slum of Kibera, where lines formed as early as 3 a.m., according to election worker George Rabalah.

“We are making history. Many of us were not here when we got the first constitution after independence, and it does not suit us,” said businessman Sam Ochieng, 35.

The international community, and particularly the United States, has urged Kenyans to pass the constitution, even as the draft has raised emotions over land rights, abortion and Muslim family courts. Kenya negotiated its current constitution with Britain, from which it gained independence in 1963.

The referendum is one of the conditions of the power-sharing agreement between President Mwai Kibaki and Prime Minster Raila Odinga that ended the 2007-08 violence. Both back the new constitution, and both appealed to Kenyans to vote peacefully.

Police have increased their presence in particular in the Rift Valley, where violence in 2007-08 was heavy. James Otumba voted in the town of Naivasha.

“It’s a struggle between the haves and the have-nots in this country, and the haves are trying to maintain the status quo,” said Otumba, 43, a geography teacher who was shot in the chest during the 2007-2008 violence.

“This is a revolution taking place in this country and I cannot be left behind. This constitution is one thing that can actually reconcile the nation,” Otumba said.

Political and religious leaders campaigning against the constitution alleged the government plans to rig the vote, saying they used a branch of the police force to impersonate campaign agents during the count.

The “No” camp said they had informed the electoral commission and had put in place measures to guard against rigging, and election officials said that the tallying will be broadcast live on TV and radio. The “No” team also urged voters to refrain from violence.

The head of Kenya’s electoral commission said that vote tallying will be more transparent than during the last election, when claims of vote rigging led to violence. The count will be broadcast live on TV and radio.

The leaders of the “Yes” campaign called on Kenyans to remain peaceful.

“We shall accept the democratic choice of the Kenyan people and we shall congratulate the Kenyan people for doing a good job,” said Anyang Nyongo, the government minister of the Medical Services ministry.

The “No” vote is backed by most of Kenya’s church community, which objects to a clause that says abortion is permitted if the life or health of the mother is in danger according to the opinion of a “trained health professional.” The draft also has stirred emotions over publicly funded family courts for Muslims.

Polls show the constitution is likely to pass. Politicians and analysts predict the referendum will be largely peaceful, but at least 200 people in the volatile Rift Valley have fled their homes, fearing a new flare-up.

Odinga said Tuesday that the world had come to believe Kenyans cannot hold peaceful votes and he asked the country to prove otherwise.

The draft constitution cuts down the president’s enormous powers by setting up an American-style presidential system of checks and balances. Kenyan presidents have long favored their own tribesmen in the distribution of resources, a source of tension here.

Associated Press Writer Katharine Houreld in the Rift Valley contributed to this report.

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