On November 21, 2005, amidst widespread allegations of state-sponsored bribery, seven out of eight Kenyan provinces rejected the latest constitutional draft—popularly known as the Wako draft, or "the Government Project"—by a decisive margin of approximately 1 million votes (58 percent to 42 percent).
The Wako draft would have replaced the Lancaster House Constitution, which has been in effect since the country’s independence in 1963. The Wako draft was unpopular among many constituencies, including the Ogiek and Maasai, who argued that it did not do enough to curb presidential power and that it was a serious threat to their land rights.
The referendum’s defeat was widely viewed by analysts as a statement by the populace to incumbent President Mwai Kibaki that they are dissatisfied with his leadership. A dejected President Kibaki conceded defeat on national television, saying, "The people have spoken."
Land is central to pastoralists’ cultural, spiritual, and socioeconomic well-being. The Maasai and Samburu currently have communal claims to 80 percent of reserves and game parks in Kenya; the proposed draft constitution would have transformed all of these territories, together with community trust lands, forests, and sanctuaries, into public land, to be administered by a National Land Commission appointed by the president.
According to attorney Ababu Namwamba, this was "a legally created leeway through which communal lands (found only in pastoralists’ areas) could become public or government land."
The Maasai viewed the proposal with great alarm, and subsequently a myriad of religious organizations, nongovernmental organizations, community-based organizations, and civic leaders successfully spearheaded what one citizen called "one of the fiercest civic education campaigns ever witnessed" in Maasai land.
The campaign included field education, radio programs on the Maasai service of the national broadcaster, newspaper advertisements, interactive television programs, print articles, and the most effective method: community gatherings. Among the education initiatives carried out were translation, voting exercises, and lessons in how to avoid bribery.
However, according to Mainyoito Pastoralists Integrated Development Organization (MPIDO) Coordinator Joseph Ole Simel, "The debate on the constitution in these lands was still in its infancy; many Maasai simply sought to know what ’good’ and ’bad’ options the draft was providing."
As part of the government strategy to woo voters to choose the Wako draft, it offered tribal delegations to the State House all manner of inducements, including the return of Amboseli National Park to the Maasai, the creation of dozens new districts, and the promise of additional dams and bore holes for the Maasai.
Other alleged promises included alternative settlement land for the Ogiek who had been kicked out of Mau forest land, presentation of controversial land title deeds to Ogiek in contravention of a court order, provision of food relief to drought-stricken regions of the eastern province, and the withdrawal of about 500 legal cases against the Maasai.
Community leaders were highly skeptical about these offers, however, as the government has consistently failed to deliver on its platform promises since Kibaki’s election in 2002. In particular, the promise of a new constitution within 100 days is now more than three years overdue.
The press was awash with allegations of payoffs and coercion, such as the bribery of women, youths, and teacher "delegates" who met at a Nairobi stadium and, after declaring their support for the draft, received the equivalent of U.S. $150 each.
And after nearly 30,000 Maasai, Samburu, Pokot, Somali, Rendille, and Borana produced a united declaration against the proposed constitution, the Maa Civil Society Forum (MCSF) received reports that proponents of the Wako draft had collectively offered 1 million shillings (approximately U.S. $14,000) to voters to change their minds.
When the Maasai church declared its opposition to the Wako draft back in September, it became the first religious organization to take a stand on the document at a time when such powerful and influential mainstream religious bodies as the National Council of Churches of Kenya (NCCK) adopted a more neutral position.
The Maasai church continued to play a pivotal role in enlightening and convincing the community that the proposed constitution was not in their favor.
Now, newly empowered clusters of pastoralist hunter gatherer minorities have formed committees that analyze the political landscape and, in conjunction with other organizations, churches, and politicians, are pushing for a new constitution.
Contrary to Kibaki’s declaration that there were "no winners or losers" in the exercise, the referendum’s defeat was an important victory for grassroots organizers who led a successful campaign against the draft.
The author is a freelance Maasai journalist and volunteer media and publicity liaison for Maa Civil Society Forum (MCSF).