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Last Update: Tue., Nov. 22, 2005- Shawwal 20 - 18:30 GMT

Kenyans Reject New Constitution: Official Results

Opponents celebrate killing the charter.

NAIROBI, November 22, 2005 (IslamOnline.net & News Agencies) - Kenyan voters soundly rejected a proposed new constitution in a landmark referendum, dealing a major blow to President Mwai Kibaki who supported the draft, according to official results released Tuesday, November 22.

With ballots from only 500,000 potential voters in 14 of 210 constituencies uncounted, the "no" camp held an insurmountable lead of more than one million votes in Monday's plebiscite, according to the national election board, reported Agence France-Presse (AFP).

"According to results we have tallied, the 'no' team is apparently unbeatable," an election official told AFP on condition of anonymity.

The official said a formal announcement of the rejection of the first major changes to Kenya's charter since independence from Britain in 1963 would be made later Tuesday after the outstanding results were received.

The official declined to give a breakdown of the count but the panel had earlier released partial results giving 59 percent of the vote to the "no" side, against 41 percent for "yes", with a large number of spoiled ballots.

It said opponents of the draft had won 3.3 million votes against 2.3 million for the "yes" camp, while Kenya's private Nation Television reported that the "no" camp held an unassailable lead.

Officials said Kibaki planned to make a televised national address at noon (0900 GMT). Constitution opponents also planned a news conference.

Opposition

Foes of the draft document, led by opposition chief Uhuru Kenyatta and Kibaki's influential Roads Minister Raila Odinga, had urged its rejection as it retained sweeping presidential powers.

They accuse Kibaki, who was elected in 2002 on a reform platform, of reneging on promises to address popular demands to devolve significant executive powers to a new prime ministerial position.

The draft creates such a post but endows it with mainly ceremonial duties, including presiding over parliament.

The majority of Kenyan Muslims also gave the thumbs-down to the new constitution for fears that the document violates the religious rights of the Muslim minority.

Sheikh Shariff Naban, a member of the Council of Imams and Preachers of Kenya, has told IOL calls by Kenyan Muslims to entrench the Shari`ah courts, known as Kadhi courts, have been ignored in the new charter.

Muslims, who make up ten percent of Kenya's 30 million population, believe the introduction of Kadhi courts in the new constitution would provide them with a wider space to exercise freedom of worship.

Some Christian church leaders also opposed the document because "it gave legal status to Muslim courts" and carried provisions that they believe could legalize on-demand abortions and gay marriage.

Analysts said the results showed voters had cast ballots along tribal lines with Kibaki's Kikuyu community largely supporting the draft, while Odinga's Luo tribe overwhelmingly opposed. The two tribes are Kenya's largest.

"The results show that the voting trend was certainly tribal," Kamatho Kiganjo, a lawyer and political analyst, told AFP.

Consequences

Kibaki faces a hugely embarrassing situation.

With the charter dead, pending official declaration, speculation turned to the political ramifications.

Rejection of the draft would be an embarrassing setback for Kibaki who had invested heavy political capital in leading the "yes" campaign ahead of presidential elections due in 2007.

"This is a damaging blow to Kibaki, at least I can see new political alignments after the full results are out," Evans Manduku, a political science lecturer at the University of Nairobi, told AFP.

Top of the agenda was how Kibaki, 74, would deal with seven rebel ministers who campaigned for a "No" vote in a move that split the ruling National Rainbow Coalition, according to Reuters.

During the campaign, he had threatened to sack them once the charter was adopted.

But one leading "No" proponent, KANU shadow attorney-general Mutula Kilonzo, told Reuters instead that Kibaki's attorney-general and justice minister should resign over their roles in drawing up a document overwhelmingly rejected by the Kenyan people.

Analysts were also trying to work out how much concrete damage the vote had done to Kibaki's re-election chances.

"There is a lot of work to do in terms of healing," analyst Patrick Kiage told Reuters.

But Kibaki supporters try to put on a brave face, saying there was no need to panic.

"We said previously we will abide by the results, however disappointing," Water Minister Martha Karua told Reuters. "There is no crisis, there is no vacuum, and there is a constitution in place that will continue governing this country."

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