New Constitution - a new beginning in Kenya

Kenya has done it! Citizens have overwhelmingly voted in a new constitution. The new constitution heralds a new beginning for the country. It addresses political patronage, gender disparity, negative ethnicity and land grabbing; issues which have afflicted Kenya since independence.

Kenyan's waiting to vote.

The expanded Bill of Rights guarantees equal representation for women and increased rights holders’ participation in democratic governance. ActionAid Kenya lauds the provisions for socio- economic rights which guarantees right to health, right to clean environment, right to life and right to decent housing. Kenya joins a few socio- democratic states in Africa, which constitutionally bind governments to concrete actions to provide for social- economic rights.

 “Socio- economic rights are major tenets of human development and social justice,” noted Jean Kamau, Country Director, ActionAid International Kenya.

 The new constitution delivers on many points that have been at the heart of pro women movement in Kenya since 1980’s. Key among them is the provision for at least one third representation of either gender in all governance structures.

 “The new constitution gives the Kenyan women new impetus to claim their position of influence with the governance structures. This is a position women have fought so hard for and must take full advantage of,” says Jean.

The new law prohibits all forms of discrimination including violence against women and any customary law that perpetuates such acts. The new constitution also gives women the legitimacy to pass citizenship to their spouses or children born outside the country.

The increase in women representation both at the policy and judicial level as provided by the constitution will ensure that the gains made are followed through and fully implemented.

 Among other far-reaching changes in the new constitution is land use. Land disputes have been an underlying cause of the blood-letting that followed the last General Election in Kenya. The constitution says land in the new Kenya will be "held, used and managed in a manner that is equitable, efficient, productive and sustainable". It sets out to address the disparities that have seen a few individuals own large tracts of land even in highly populous areas by requiring Parliament to "prescribe minimum and maximum land holding acreages in respect of private land.”

Next Steps

“ActionAid will build on this new impetus to educate the public especially women on their civic duty to ensure full implementation of the new law,” concludes Jean.

The new constitution will come into full implementation in 2012.