Partial referendum results show new constitution rejected

Kenya's proposed new constitution on Tuesday appeared to have been rejected in a referendum, according to provisional results released by the electoral commission a day after the plebiscite.

With results from 200 out of 210 constituencies counted, the number of voters who cast their ballot against the proposed constitution stood at 3.4 million against 2.4 million in favour. The exercise was largely peaceful.

"There are 10 or 11 constituences outstanding - it [results from those electoral districts] will not make a difference," said Gabriel Mukele, a member of the Electoral Commision of Kenya (ECK).

The rejected draft constitution would have replaced the country's charter, which came into force when Kenya gained independence from Britain in 1963.

The debate on Kenya's draft constitution had split President Mwai Kibaki's administration. The president and his camp favoured the new constitution, but six cabinet ministers spearheaded a campaign to reject the document in the referendum.

They argued that the draft maintained a presidency with overriding powers, pointing out that Kenyans started agitating for a new constitution more than 15 years ago because they believed that Kibaki's predecessor had misused presidential powers to undermine democracy and weaken the economy.

Supporters of the draft constitution, on the other hand, maintained that presidential powers had been significantly curtailed in the proposed basic law.

They pointed out, for example, that under the new document all presidential appointments were to be subjected to vetting by parliament and that the president was required to share executive power with a prime minister, various constitutional commissions and proposed district governments.

Both sides also differed on the details of the proposed devolution of powers from the national government to district governments.

The rejection of the proposed constitution was widely seen as a significant blow to Kibaki and a shot in the arm for his Roads and Public Works Minister Raila Odinga, the de-facto leader of the team of ministers who waged an unrelenting campaign for the rejection of the draft constitution.

Final results were expected later on Tuesday.