Kenyans Abroad Hail "No" Vote on Charter,
Dual-Citizenship Hopes Dashed

By Symon Ogeto
Posted on Tuesday, November 22, 2005

Chicago, IL – An estimated 100,000 Kenyans who work and study across the United States stayed vigilant watching from afar as their families in Kenya went to polls Monday.

As the eight-hour time difference rolled down, reports had started trickling in that voters were likely to reject Kenya’s first ever constitutional charter that would have allowed dual citizenship.

Electoral Commission of Kenya chairman Samuel Kivuitu concluded the excercise Tuesday announcing that charter had been rejected by 3,548,477 votes against 2,532,918 that supported it. This represented a 57 per cent rejection to 43 per cent of the vote that supported it.

David Maina, a dental orthodontist who lives in Chicago with his wife and three kids was disappointed with the results. And this why, “I was disappointed that my children will not be automatically Kenyan citizens with dual citizenship rights”

Two of Maina’s children were born in the United States. By birth, they automatically become US citizens but not Kenyan even though Maina and his wife are holders of Kenyan passports. The children though, under the current constitution, may have to give up their US citizenship in order to become Kenyans when they turn 18 years.

“I am rethinking investing in Kenya any more” added Maina. This was not enough for Maina. He expressed another disappointment that the failure of the constitutional draft has delayed Kenyans getting rid of the colonial constitution which was adopted in 1963 when the East Africa nation gained independence from Great Britain.

On a brighter side, Maina said he is happy that the people have finally realized their secret weapon and have shown the government who is boss. I hope that they will use it in future to remove elected officials who turn out to be demigods. I hope politicians will be on notice.

James Theuri, another Kenyan who works as a Unit Educator in Bourbonnais, IL, congratulated the Orange team with caution saying, “I pray that the outcome will not be seen as a win, but a consensus, by all Kenyans, so that peace will prevail”.

Theuri’s views are shared by many Kenyans overseas who think that a win may imply to the Kibaki government as losers and according to Theuri, this may soon lead to folks losing their tempers thus destabilizing this East Africa nation that has, in its 42 years of independence, experienced relative peace.

Some critics believe that Kibaki’s political operatives, commonly referred as Mount Kenya Mafia in Kenya, may probably go into full swing scheming against those who lead the opposition to the referendum. Theuri certainly thinks this will not be good for Kenya.

Theuri believes that devolution of power, a key item in the rejected constitution, was the underlying factor that propelled the Orange team to victory. The past presidents, such as the late Jomo Kenyan and retired Daniel arap Moi, who ruled for 24 years, had too much power. This power, in the eyes of many Kenyans, was used, abused and misused.

Most Kenyans believe that if there will be devolution of powers, heads of state like Kibaki might stop taking too much for granted. By far the biggest concern now for Theuri is whether this vote will sustain peace throughout the country.

Ouma Aboge, a Minneapolis-based Systems Administrator with CBS Market Watch, an online financial magazine, said “One thing that I greatly admired was the fact president Kibaki and his cronies did not attempt to tamper with voters.”

Kibaki, adds Aboge, can redeem himself by ruling as a national president rather than the governor of central province.

Since the date was set for the referendum, Richard Rasugu, has been following most politicians especially from Kibaki’s home turf Central province. He read one media story that alleged that some of these politicians were seen flying in military-owned choppers across the country campaigning for the charter.

Rasugu, a Kenyan native and entrepreneur who has been residing in Chicago since 1998, hopes that the media will relentlessly keep the government on check to ensure that any politicians who may have misused taxpayers’ shillings for their own political interests are made to face the justice in accordance to the laws of Kenya.

Jacob Sitati, a law student at John Marshall Law School, reminded fellow Kenyans that no constitution is perfect from the get go. Reflecting on the US hitory, Sitati said, “Even under the American Constitution, African Americans were originally 3/5ths of an ordinary citizen.

Sitati, who also serves as the President of the Chicago Association of Kenyan Professionals (CAKP) concluded saying, “If we are conscious of the fact that the Constitution is a living document that continues to evolve....we might start to approach this debate and dialogue with a different attitude.

United Kenyans of Chicago president Mukila Maitha thought the process was pleasant but significant surprise that the Banana team accepted the will of the Kenyan people. Maitha hopes this political culture blossoms all over Africa and becomes entrenched in Kenya.

In a press release to its members, Kenya Community Abroad (KCA) secretary general Angaluki Muaka commended the Banana Campaign for the maturity and sense of responsibility with which they conceded the victory of the Orange Campaign.

During the drafting of the rejected charter, KCA was at the forefront in campaigning for the inclusion of dual citizenship. Even though this provision was unrealized with the rejection of the charter, Muaka implored the victors of the "No" campaign to savor their victory with dignity and humility under the shade of an olive branch.

Kibaki conceeded defeat moments before EKC announced the final results Tuesday saying that Kenyans have shown their respect for the constitutional and legal process.

The brief speech that was aired on national radio and television dispelled any possible fears that Kenyans still have a constitution and therefore there is no constitutional vacuum.