What Will Happen If Voters Reject the Proposed Constitution

What Will Happen If Voters Reject the Proposed Constitution

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Olver Mathenge

4 August 2010


Nairobi — The impact of a 'No' win in Wednesday's referendum was believed to depend on how both teams would take the outcome.

And it was clear that should the proposed constitution be defeated, the country would remain with the current Constitution as it happened after the 2005 elections.

What was not so clear was that such a scenario would also end the constitutional review, which can only be restarted if Parliament enacts another law. The Constitution of Kenya Review Act, 2008, lapses with the outcome of the referendum, just like it happened in 2005.

After the last referendum, the government appointed a panel of eminent persons chaired by Mr Bethuel Kiplagat to break the impasse, but it was unfruitful.

The 'No' win would also appear to be a vote of no confidence in the Grand Coalition Government, which has the mandate to enact reforms outlined in Agenda Four of the National Accord.

A new constitution is one of the targets of the Coalition Government before the 2012 elections. The reforms are aimed at averting chaos similar to that witnessed after the 2007 General Election. The violence led to the death of 1,133 and the displacement of 650,000 others from their homes.

A 'No' win would also boost the political confidence of Higher Education minister William Ruto and retired President Daniel arap Moi, who have appeared as de facto leaders of 'Red' team. The Church would also receive a boost after losing credibility in the 2007 elections when it remained quiet at a time Kenyans died.

For the Prime Minister Raila Odinga, the passage of a new constitution is key in his quest to succeed President Kibaki, who retires in 2012. Its rejection would most likely hurt his presidential ambition as the country heads to the elections.

However, the PM also faces competition from other 'Yes' players, including Vice-President Kalonzo Musyoka and Deputy Prime Minister Uhuru Kenyatta.

A 'No' win would also dent the credibility of the two, especially with the earlier perception that they were reluctant to support the proposed law.

Away from politics, a 'No' win will mean that the country maintains the status quo. Most institutions would remain intact while the future of some would be uncertain.

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