NAIROBI, KENYA -- Pomp and glamour marked Kenya’s promulgation ceremony as the nation ushered in the new constitution on Friday.
The largest national celebration took place in Uhuru Park, just 5 miles from Nairobi’s city center, featuring song, dance, poetry, military parades, a recital of Kenya’s national anthem in Kiswahili, the erection of a gigantic flag, and a 21-gun salute. Government officials, members of parliament, former and current African presidents, diplomats, and thousands of Kenyans turned out to celebrate what is thought to be a major advance for the country. Kenyans decisively approved the adoption of a new constitution in the August 4 referendum.
The promulgation event was a unique ceremonial performance, marked by obvious elation by local people who say they are full of hope in the wake of the landmark approval of the new constitution.
President Mwai Kibaki took the stage at 10:25 Friday morning amidst the festivities. His message underscored the need to uphold the new constitution. Kibaki was handed two documents – the promulgation statement and instruments of promulgation— by the chief legal adviser, Attorney General Amos Wako. Six copies were signed; one is to be placed in Parliament.
Eight heads of state including former United Nations Secretary General Kofi Annan, and presidents from Rwanda, Uganda, Tanzania and Sudan were among high ranking dignitaries who attended the celebration in Uhuru Park on Friday.
After the crowd sung the national anthem, members of the disciplined forces performed a 21-gun salute as a 22-foot long flag was hung at Uhuru Park. The flag will be a permanent feature at the historic park.
Friday August 27 was declared a public holiday to allow Kenyans celebrate a new dawn and a new republic.
Gideon Ochanda, a governance consultant in Nairobi, says as a people, Kenyans have made a significant step towards becoming a modern democracy. After the August 4 referendum, Kenya received international accolades for embracing a new constitution through a democratic process that was not marred by corruption or violence.
“Africa has had more than its share of troubling political waters, with only Botswana, South Africa, Namibia and more recently Ghana embracing modern democratic practices,” said Ochanda in an interview on the eve of the ceremony.
He says the promulgation of a new constitutional order will open a new chapter in the management of public affairs in every respect.
“A critical element of this change must be with respect to the process, qualification and vetting of suitability of all those who shall be appointed to assume positions under the new constitution,” said Ochanda.
The newly approved constitution introduces changes to Kenya’s political and governance structure, including new checks and balances that delineate the roles and powers of the executive, legislative and judiciary branches and put limits on executive powers.
Beyond changes to governance structures, many say they anticipate that the new constitution will usher in a new era of human rights and equality here.
“The new constitution offers a basis for better protection and fulfillment of human rights but measures to end impunity are still needed,” Ochanda says.
The Bill of Rights, chapter 4 of the new constitution, guarantees economic, social and cultural rights – including rights to food, housing, sanitation, water, health and reproductive health. Education and social security have also been classified as enforceable rights, alongside civil and political rights. Freedoms of conscience religion, opinion and expression have also been included.
What’s more, Kenyans will have a new right to pursue action in the courts in the event of denial of these rights. Legal analysts say the inclusion of enforceable social and economic rights will, for the first time in Kenya, ensure access to legal remedies and allow people to hold the government accountable for violations of these rights.