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Jubilant Kenyans usher in new constitution
Published in The Saudi Gazette on 28 - 08 - 2010

Cheered by hundreds of thousands of jubilant Kenyans waving national flags, President Mwai Kibaki signed a new constitution on Friday that curbs his sweeping powers and strengthens civic rights.
In a ceremony full of military pomp and traditional dance, Kenyans packed Nairobi's Uhuru Park -- or Freedom Park -- to see their leaders take fresh oaths under the first overhaul of the charter since 1963.
“I am here to witness the rebirth of our nation. It has been 40 years since our first constitution was made, this is a new dawn because we will realise development and the rights of Kenyans will be respected. It's a happy day for Kenyans,” said Charles Oduor in the heaving crowd.
East Africa's largest economy endorsed the document in a peaceful referendum this month, as one of the reforms agreed upon to end months of murderous violence that erupted following a disputed presidential election at the end of 2007.
“No one could have thought that out of the bitter harvest of the disputed election and the violence that pitted our people against each other just two years ago, we would be witnessing today the birth of a national unity that has eluded us for more than 40 years,” Prime Minister Raila Odinga said to constant cheering.
Some 1,300 Kenyans were killed in that violence and more than 300,000 others fled their homes, fearing for their lives. The International Criminal Court (ICC) is due to issue arrest warrants for the Kenyan leaders responsible.
Sudan's President Omar Hassan al Bashir defied his own ICC arrest warrant for charges of genocide in Darfur to attend the Kenyan festivities, angering human rights groups who demand his arrest. Bashir denies the charges.
Before penning his name to the new constitution, Kibaki greeted Bashir and other regional heads of state who later all released white doves.
Nearly 70 percent of Kenyans that voted in the Aug. 4 referendum endorsed the new supreme law, hoping for a fresh start from Kenya's chequered history.
The new legal framework address issues such as corruption, political patronage, land grabbing and tribalism, which have plagued the country for decades.
Kenyans started demanding a new constitution about two decades ago, saying the basic law penned at the time of independence from Britain promoted oppression and exclusion. – AgenciesKey facts
Kenyan on Friday formally adopted a new constitution which was hugely endorsed in a national referendum on August 4.
The new law aims to make the country's institutions more democratic and replaces the old one which dates back to the 1963 independence from Britain.
Here are some of the changes in the new document:
– GOVERNANCE: The new constitution retains a presidential system but places checks on the executive. The president is impeachable and key appointments have to be submitted for parliamentary approval. The post of prime minister is scrapped. A senate is created to include representatives of 47 newly-created counties. There can be no more than 22 ministers, all of whom have to come from outside of parliament.
– CITIZENSHIP: The new charter allows dual citizenship. Women can pass on Kenyan nationality to their children.
– BILL OF RIGHTS: The proposed constitution consolidates a number of basic rights and freedoms and authorises abortion if the mother's health is in danger.
– LAND: The constitution establishes the National Land Commission, which will be tasked with advising the government on titling and registration. The new set-up would increase taxation and take some power away from the president on an issue that is a key source of power and wealth. __


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