KENYA: New draft national constitution made public

[ This report does not necessarily reflect the views of the United Nations]

NAIROBI, 24 Aug 2005 (IRIN) - Kenya's attorney general, Amos Wako, on Tuesday released the country's proposed new constitution, which Kenyans are expected to adopt or reject in a referendum in November.

The draft features major changes to the current constitution, including the addition of a deputy president and prime minister, as well as two deputy prime ministers.

Under the new 197-page document, the presidency would remain powerful, with the authority to appoint and dismiss the prime minister and other cabinet ministers.

The provision is different from proposals made in the "Bomas" draft - submitted by a constitutional conference in 2004 - which proposed to significantly reduce presidential powers and create a powerful prime minister.

Members of Kenya's opposition have long argued against a presidency with sweeping powers, a factor they blame for the rampant corruption and poor governance by the country's previous governments.

The new draft incorporates proposals from the "Bomas" draft as well as amendments proposed by the "Kilifi" draft, which was passed by parliament in a heated late-night debate in July.

Tuesday's draft proposes that women make up at least one third of a one-chamber parliament, but eliminates affirmative action for the youth, minorities and the disabled.

Women would also be able to inherit land from their husbands, even if not specifically provided for in a will.

The judiciary would have a supreme court, a court of appeal, a high court and magistrates' courts, as well as Islamic "Kadhi's" courts, Christian, Hindu and traditional civil courts.

The draft also proposes to make the district the unit of devolution of power, effectively eliminating the existing county councils and provincial administrations.

Kenyans are expected to go to the polls to decide in a referendum whether to adopt the draft constitution; with civic education due to begin in one week.

[ENDS]