Information service of the Pontifical Mission Societies since 1927
Nairobi (Agenzia Fides) – The new Constitution of Kenya was approved in the referendum of August 5, with 67.2% of the votes cast, an amount equal to 5,954,767 votes.
The new constitution retains the presidential system and abolishes the office of Prime Minister introduced in 2008 to end the political crisis which had caused serious unrest, with thousands of dead, wounded, and displaced.
The powers of the Head of State, however, are regulated by a series of parliamentary powers. In particular, the appointments made by the President (Ministers, Attorney General, Ambassadors, etc. ...) must be approved by Parliament, as occurs in the United States.
The President, who is the Head of State and Executive Branch, may be dismissed by Parliament. The President shall be elected by an absolute majority at the national level and more than 25% of the votes in half of the 47 counties into which the national territory is divided according to the new Constitution.
The Parliament is composed of the National Assembly and the Senate. The latter is composed of 47 members representing the counties, to which are added 16 members nominated by political parties according to their representativeness, two youth representatives, and two representatives of persons with disabilities.
The Constitution introduces land reform on how state lands must be purchased, many of which have been appropriated illegally by senior state officials. The constitutional text provides for the creation of a national land commission, independent of government, to investigate the "historical injustices" in the distribution of common land, and paves the way towards the establishment of a maximum limit of extension in private ownership of land and abolition of perpetual ownership for foreigners, reducing the length of time to 99 years.
The article that has sparked the protest of Christian churches, which is on abortion, is number 26, paragraph 4, which reads: "Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law." It is especially the last statement ("if permitted by any other written law") that alarms pro-life advocates, as it opens the way for the legalization of abortion. (L.M.) (Agenzia Fides 08/06/2010)
