Skip to main contentAccess keys help

[an error occurred while processing this directive]
BBC News
watch One-Minute World News
Languages
Last Updated: Thursday, 25 March, 2004, 16:46 GMT
Referendum order for Kenya constitution
President Kibaki
Kibaki is fighting to prevent the president's powers being eroded
Kenya's High Court has ruled that a controversial draft constitution must be approved in a referendum, not simply adopted by parliament.

The three-member court has said the constitutional conference debating the issue was not representative of all Kenyans.

But President Mwai Kibaki, in a televised statement shortly after the ruling, said the next stage of the review process will be in parliament.

The president did not directly address the court's ruling or mention the possibility of a referendum.

Sharp divisions have emerged among ministers over key sections of the draft constitution that would reduce the president's powers and create an executive prime minister.

Call for calm

President Kibaki has ordered ministers in his fractious cabinet to stop making inflammatory statements in public and work together.

In a memorandum leaked to the Kenyan press, Mr Kibaki told ministers "to concentrate on issues rather than personalities, so as to maintain calm and optimism at this important phase in Kenya's history".

The draft contains certain views which are not in harmony with the wishes of the majority of Kenyans
Former President Daniel arap Moi
Kenya's independent newspapers gave a broad welcome to the president's attempt to bring order within the coalition.

But the East African Standard questioned whether the new momentum to end the backbiting could be sustained.

"The question, however, is: Can this truce hold? Is this merely the lull before a storm?" the paper said.

"It is in the interest of the nation that these leaders remain united."

The Daily Nation believed that President Kibaki was "not consciously responsible for all the liabilities with which his government is identified: tribalism, corruption, ineptitude and mutual incivility and disregard for system by ministers" but said there was a "growing public sense of governmentlessness".

The paper said that president's instruction would "cut any ice only if he turns this from a rare initiative into a habit".

The papers have frequently criticised what they see as President Kibaki's hands-off approach to government.

Bishops, ex-President Moi intervene

Other actors on Kenya's political stage have also made known their views.

Former president Daniel arap Moi used his first press conference since his 24-year term of office ended in 2002 to call for the draft constitution to be given back to Kenyans "for re-examination to thrash out contentious issues" before it is presented to parliament.

Mr Moi said that the draft contained "certain views which were not in harmony with the wishes of the majority of Kenyans".

He expressed a preference for an executive president as opposed to a powerful prime minister, as envisaged in the draft.

The Catholic Church has also called for Kenyans to vote on the draft.

Twenty-eight bishops of the Kenya Episcopal Conference issued a statement expressing their disappointment with the way the review had been handled - especially the issues relating to the power of the executive, the yet-to-be-created post of prime minister, devolution of power and the kadhi, or Islamic, courts.

The BBC's Monitoring service has contributed to this report.


SEE ALSO:
Kenya constitution row in court
23 Mar 04  |  Africa
Kenyan leader could lose powers
15 Mar 04  |  Africa


RELATED INTERNET LINKS:
The BBC is not responsible for the content of external internet sites


PRODUCTS AND SERVICES

News Front Page | Africa | Americas | Asia-Pacific | Europe | Middle East | South Asia
UK | Business | Entertainment | Science/Nature | Technology | Health
Have Your Say | In Pictures | Week at a Glance | Country Profiles | In Depth | Programmes
AmericasAfricaEuropeMiddle EastSouth AsiaAsia Pacific