YES/NO

If the battle over the Proposed Constitution were a sport, the August 4 referendum would be the final that would be marketed and later remembered as the Greens versus Reds.

It could also be analogically argued Kenya has been on the reforms’ road for two decades and has come upon the last set of traffic lights. At this point Kenyans have two options; to cast the ‘Red’ vote as a protest against being governed by the Proposed Constitution, and ‘Yes’ option as a statement of agreement with it.

This is because the Interim Independent Electoral Commission (IIEC) announced Referendum Day symbols that appeared to borrow from the international Highway Code where Green symbolises ‘Go’ and Red for ‘Stop’.

The two colours also stand out in the national flag.


Prime Minister Raila Odinga launches the ‘Yes’ campaign team at his Treasury House office Monday. Team co-directors Peter Kagwanja of PNU and ODM’s Janet Ong’era flank him. [PHOTO: JONAH ONYANGO/STANDARD]

It appears ‘Red’ and ‘Green’ were viewed by IIEC and Parliamentary Select Committee, on whom the Review Act vests the burden of making the ultimate decisions on symbols, to be non-divisive, non-controversial and neutral compared to the ‘Banana’ and ‘Orange’ used in the 2005 plebiscite.

In the art of colours, ‘Red’ is considered a warm colour alongside yellow and orange because they stir in the mind such things as the sun and fire.

Green on the other hand is considered a cool colour along with blue and purple because they bring to mind such cool stuff as water and grass.

The IIEC unmasked the symbols, built on proposals of the public and submissions by organised interest groups, after the Attorney General published a Legal Notice specifying which was the authentic Draft to be voted on at the referendum.

Controversial insertion

Mr Amos Wako, who blew the whistle on the emergence of a second illegally amended Draft from the Government Printer, said the legitimate one would not have the controversial insertion of the words ‘national security’ as part of qualifiers for curtailing enjoyment of the Bill of Rights.

Wako, who last week pointed an accusatory finger at National Intelligence Security Service (NSIS) for the criminal alterations, said the authentic version does not contain the words ‘national security’ in Article 24 (1) (d).

"The commission engaged members of the public, media and political parties’ representatives to submit proposals of symbols for consideration by the Commission. The Commission has now identified appropriate symbols for the Referendum," IIEC Chairman Ahmed Issack said.

Mr Isaack, whose team has received applause from both two sides of the political divide as well as foreign their envoys, announced the Commission will further publish the polling time of the referendum, campaign period and day by which Referendum Committees must have registered with IIEC.

The electoral body published the Referendum Question to be answered by the 12 million-plus Kenyans.

It reads: "Do you approve the proposed new Constitution?"

The symbols were unmasked as investigators of authors of illegal insertions into Proposed Constitution failed to question Wako and Solicitor General Wanjuki Muchemi.

Even though Wako was said to have agreed on Friday last week to meet the investigators yesterday was not in office. Muchemi was also not available.

Officials at the State Law Office said the AG and Muchemi travelled out of the country and would come back on Friday.

Finish Line

Justice Minister Mutula Kilonzo who commented on the investigation accused police of "dragging their feet".

"By now we ought to have seen a few arrests because that is what is supposed to have happened, not writing of statements," he added.

Mutula who was out of the country when the ‘error’ was discovered said he expected "to find a few arrests" on his return.

The release of the symbols means the referendum process continues rolling towards the Finish Line despite the controversy raised by the discovery of two versions of the draft, with one version having an altered Bill of Rights clause.

However, those opposing the draft called for the suspension of the process until the issue is resolved but its proponents have downplayed the matter saying the conspiracy had been nipped in time and the review process was intact.

Prime Minister Raila Odinga argued some politicians were making "a mountain out of an anthill" over the draft distortion.

And yesterday as the clock ticked away towards August 4, Raila said that the new constitution was a Government project.

Speaking when he launched the secretariat for the ‘Yes’ campaigns he said: "I am not ashamed to declare today that the Proposed Constitution is a Government project. The Government is a major stakeholder in the process since all the commissions that gave birth to the Proposed Constitution were spending State resources. It is a Government project."

The PM said it was the collective responsibility of the Coalition Government ensure the Proposed Constitution garnered enough votes to ensure adoption as Kenya’s new constitution.

He, however, added even though that was the case, "it was not automatic that Government resources "were going to be used for ‘Yes’ campaigns."

Those in the ‘No’ camp have voiced concerns over the use of public resources during campaigns.

Kanu Secretary General Nick Salat has accused Government of using public funds to organise Saturday’s ‘Yes’ launch rally at Uhuru Park

The IIEC has mandated the two sides to form campaign teams, which will be expected to liaise with the electoral body to ensure smooth campaigns.

The ‘Yes’ side unveiled its national secretariat led by Orange Democratic Movement official Janet Ong’era and Party of National Unity’s Prof Peter Kagwanja. Political oversight and co-ordination will lead the secretariat while political co-ordination will be provided by Cabinet ministers Prof Anyang’ Nyong’o and Kiraitu Murungi.

Political marriage

The ‘No’ team whose de facto leader is Higher Education minister William Ruto is yet to unveil its team.

In the 2005 referendum, two opposing camps coalescing around President Kibaki and Raila were largely sustained until the 2007 General Election. It remains to be seen if the current political marriage that has brought together leaders who were on different sides in the last elections and belong different parties of the ruling coalition will stick together to the next elections.

In the ‘Yes’ side are presidential hopefuls led by Raila, Vice President Kalonzo Musyoka, and Deputy Prime Ministers Uhuru Kenyatta and Musalia Mudavadi, as well as Narc-Kenya leader Martha Karua and Internal Security Minister George Saitoti.

The ‘No’ side brings together Cabinet Ministers Samuel Poghisio, Naomi Shaban and Ruto. Also on this side are Christians opposed to the conditional abortion clauses as well as Kadhis’ Courts.

Anglican Church Archbishop Eliud Wabukala warned the campaigns could evolve into uncontrollable political movements. He cautioned unless the referendum campaigns were well managed the fallout would spill into the 2012 elections. "What I am seeing is a repeat of what happened in 2005 where the ‘No’ and ‘Yes’ referendum campaign teams became uncontrollable and evolved into political camps… that is what I do not want the Church to be sucked into," explained Wabukala.

He cautioned the Church against getting sucked into divisive politics.

Meanwhile as the review timetable enters the civic education stage, the Justice Ministry dismissed claims by the Committee of Experts it had delayed release of finance to run the programme.

Mutula instead accused Treasury of delaying release of more than Sh300 million meant for civic education. "I am shocked that 10 days out of the number of days allocated to CoE for civic education have now been wasted because Treasury has refused to release the funds for the exercise," he lamented. Finance Minister Uhuru Kenyatta could not be reached for comment.