Option Number of votes Percentage
Yes 2,578,831 41.88%
No 3,579,241 58.12%
Total 6,158,072 100.00%
Political fallout:After voters rejected a draft constitution, President Mwai Kibaki dismissed his entire cabinet and deputy ministers, moving quickly to reassert his political authority.
Of his decision Kibaki said, "Following the results of the Referendum, it has become necessary for me, as the President of the Republic, to re-organise my Government to make it more cohesive and better able to serve the people of Kenya."
Although the dismissal of individual officials is commonplace in government, the dissolution of the cabinet in its entirety is rare. The only member of the cabinet office to be spared a midterm exit was the Attorney General, whose position is constitutionally protected against Kibaki's presidential powers. Vice President Moody Awori retained his post, however, he has been deprived of his position as Minister of Home Affairs. The dismissal of the cabinet follows a seven month period in which its members never actually met formally, instead preferring to play political games with one another through the media. Kibaki has pledged to appoint a new cabinet within two weeks, until then he will be managing the nation's affairs single-handedly.
The cabinet has been increasingly divided for an extended period of time, the issue of the constitution has created further fracturing. Because the National Rainbow Coalition is a grouping of several smaller parties (Democratic Party, Forum for the Restoration of Democracy-Kenya, Liberal Democratic Party, National Party of Kenya), members of the Kibaki government maintain differing agendas and loyalties, often maintaining more loyalty to their party than to the Coalition. Corruption charges and investigations into the affairs of the cabinet had gone undisciplined by the president (more information can be found on the Mwai Kibaki page), who had been criticised for not reeling in his officials.
The response to the sacking of the cabinet and ministers by Kenyans, as a result, has been overwhelming positive. However, the opposition spearheaded by the Orange Democratic Movement (whose key members consist of a number of MPs from the now moribund cabinet) has expressed that Kibaki has not gone far enough and a dissolution of both the Legislature and Administration is necessary. This combined with the referendum's failure and Kibaki's inability to deliver on his campaign promises has caused an increase in demands for new elections for the entire Kenyan government, with the people turning against both the Kibaki administration and Legislature.
After rallies on 27 November 2005 by the opposition demanding new elections as soon as possible, the Kenyan government has outlawed all demonstrations in support of new elections. The Kibaki government has dismissed the idea of early elections, and claims such gatherings are a 'threat to national security'. The opposition is now encouraging nationwide pro-election demonstrations and has scheduled an Orange team led rally at Mombassa Municipal Stadium for 10 December. The government has since called in police to seal off access the Stadium and prevent the rally from taking place. All other pro-election rallies throughout the country will also be clamped down on by law enforcement.
Former minister and Orange team leader Najib Balala claims the ban on Orange-led demonstrations is unacceptable because "According to the IPPG meeting in 1997, only the minister for Internal Security has the right to cancel a political meeting for security reasons. As I speak, we have no minister for Internal Security and our meeting is basically a thanksgiving event”. Additionally, Kibaki has postponed the reconvening of the Legislature, which was scheduled to resume its affairs on 6 December. In all likelihood this is an attempt on Kibaki's part to prevent the Legislature from supporting new elections, however, most of the Kenyan MPs are hesitant to support early elections fearing they will lose their positions.
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