Christian Aid hails Kenya's new constitution but warns against self interest

Christian Aid has hailed Kenya’s new constitution as a "significant breakthrough" but warned the country to take steps to ensure members of the political elite do not use reforms to further their own interests.

It says the country must bolster its democratic institutions and move quickly to translate the provisions of the constitution into benefits for ordinary Kenyans.

The constitution was approved by an overwhelming majority of Kenyans in a referendum on August 4 and signed into law yesterday.

Christian Aid welcomed checks and balances written into the new constitution, including devolved government, the enshrining of the National Human Rights Commission and the Kenya Anti-Corruption Commission, and an end to the tax free status of MPs.

It raised concern, however, over the inclusion of a clause which sets aside 15 per cent of the national budget to 47 counties around Kenya, warning that “abuses may flourish”.

Dereje Alemayehu, East Africa County Manager for Christian Aid, said the constitution was a “significant breakthrough” that could enhance accountability and bring an end to the “pervasive impunity” which has characterised Kenya’s political landscape for decades.

“It is critical that the reforms are not captured by the chameleon political elite,” he said.

“Now civil society must be empowered to take full advantage of the democratisation it promises, enabling citizens to hold those in power to account, while ensuring that policies reflect their needs and interests, and safeguard their rights.”

Alemayehu said the battle against corruption would need to be taken to the grassroots level to prevent a return to the rule of powerful provincial governors and MPs with a record of neglecting duty.

“Transparency and accountability now will greatly depend on the structures to be put in place and the involvement of citizens in holding the county governments to account,” he said.

“We need to empower citizens to make MPs answerable to their constituencies. The new constitution has provisions for constituents to recall their MPs if they don’t perform. Where necessary, this must be acted upon.”

Christian Aid’s work will focus on implementing the Bill of Rights contained in Chapter 5 of the constitution, which enshrines civil and political rights, freedom of speech, the right to healthcare, and other basic rights.

Alemayehu said a process of reconciliation would be necessary to bring on board those who had opposed the constitution. Some church leaders had argued that it did not safeguard the sacredness of human life, the moral education of children, or religious equality.

The new constitution is part a package of reforms agreed by President Mwai Kibaki and Prime Minister Raila Odinga after the two signed a power-sharing deal in February 2008.

It is regarded by many Kenyans as an important step to achieving lasting peace after more than 1,000 people died in clashes over the disputed presidential election in December 2007. Much of that fighting fell along ethnic lines.

President Kibaki said Friday’s signing in ceremony constituted “the most important day in the history of our nation since independence”.

Odinga said: "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.”