About the 2010 Constitution

About the 2010 Constitution

The election commission (the Interim Independent Election Commission) conducted the referendum. Because of the way political significance had become attached to the symbols used in the 2005 referendum (orange and banana), the Commission decided to use only Green (Yes) and Red (No) cards as symbols.
Under the Review Act a special court to deal with disputes about the referendum had been set up: the Interim Independent Constitutional Dispute Resolution Court. It dealt with very few cases; the most important was one that held the prisoners had the right to vote in the referendum: Priscilla Nyokabi Kanyua v Attorney General & Another [2010] eKLR.
There was a vigorous campaign for and against the draft. The referendum was held on August 4th 2010. 9,106,285 people voted (72.18% of those registered): 68.55% for Yes and 31.45% No. Results
Under the Act the “The President, shall by notice in the Gazette, promulgate the new Constitution not later than fourteen days after the publication of the final result of the referendum”. In fact the President decided to promulgate it by a more public act: the display of the constitution to the people in Uhuru Park. In fact, the President first signed it and then held it up to the assembled crowd. Technically no signature was required – at least under the Act (the signature of the head of state indicates assent to a piece of legislation, but the President’s assent was not required). This took place on August 27th 2010.
The office of the Attorney General also devised an instrument of Promulgation, which the President signed, which had the Constitution appended to it. It was dated August 26th 2010 and published as a Legal Notice (133 of 2010).
Constitution making came to an end, and implementation began!

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