Kenya referendum question out

What you need to know:

  • IIEC is expected to announce the symbols that will be used to identify the Yes and No answers.

Do you approve the proposed new Constitution?

That is the question you as a voter will be required to answer during the referendum and stands between the realisation of a new Constitution or years of wait.

The Interim Independent Electoral Commission (IIEC) published the question in a gazette notice as Kenya edges towards the August referendum.

There is a Kiswahili version of the same and it reads: Je unaikubali katiba mpya inayopendekezwa?, and is a direct translation of the English version.

Symbols

After Thursday’s publication of the referendum question, the IIEC is expected to announce the symbols that will be used to identify the Yes and No answers.

The conduct of the referendum is stipulated in the Review Act and Section 47(A) of the current Constitution.

By May 27 – two weeks after the question is published – the IIEC will announce the day on which the referendum is to be held, the polling time, and the campaign period.

The Committee of Experts is currently carrying out civic education on the proposed constitution. The Review Act suggests that the government should not be involved in civic education and requires the experts to engage “non-State actors”.

Section 47A(5b) says that the proposed laws can only be passed after acquiring 50 per cent of the votes cast and 25 per cent in five of the eight provinces.

12.3 million voters

In the ongoing voter registration exercise, that ends on May 21 with 18 constituencies registering people electronically. So far, the IIEC has netted 12.3 million voters.

The commission is required to announce the referendum results within two days.

If the draft law passes the referendum test, President Kibaki has two weeks to promulgate the new constitution.

During this period, anyone can challenge the result in the Interim Independent Constitutional Dispute Resolution Court.