Kenya to keep strong presidency, charges protesters

By David Mageria

NAIROBI (Reuters) - Kenya's parliament brushed off street protests to vote on Friday to keep a strong presidency in a proposed new constitution, deepening divisions in the ruling coalition and angering many in the east African nation.

In a fiery parliamentary session -- during which the Speaker ordered out one legislator and censured others for insulting language -- a version of the constitution preferred by President Mwai Kibaki's government passed by 102 votes to 61.

Three days of violent clashes between riot police and protesters outraged over Kibaki's handling of the constitutional reform have left one person dead, at least 24 detained and scores injured in the capital Nairobi.

"We are disappointed. But this is not over," Kotiamet Ole-Kina, whose Katiba (Constitution) Watch group helped organise protests, told Reuters on his way to court on Friday morning with nine other detained leaders.

The 10 were charged with "creating disturbances". In court they said police had denied their rights.

"We were mistreated by the police. ... We were not allowed to be seen by our lawyers or attended by doctors. We were denied food and water," their lawyer, Atiende Omolo, said in a statement read out at Nairobi High Court on their behalf.

The government welcomed the overnight vote, calling it a landmark in Kenya's efforts to re-write the constitution for the first time since independence from Britain in 1963.

"We are very happy," Justice Minister Kiratu Murungi told Reuters. "We are sure that by the end of the year, we will have a new constitution."

But four government ministers -- including Roads Minister Raila Odinga who had been hoping the constitution would create a powerful new prime minister's post for him -- voted against in a split among the ruling coalition along broadly tribal lines.

MOI DENOUNCES "TRIBALISM"

The opposition said the protests showed ordinary Kenyans opposed the late changes to the so-called Bomas Draft of the constitution. That draft was drawn up last year after wide consultation and recommended a strong new prime minister's post.

"The events of the last few days clearly show that many Kenyans are not happy with the process," said Uhuru Kenyatta, leader of the opposition KANU party.

The unauthorised protests have galvanised disillusionment with Kibaki's rule, characterised by his failure to make good on election promises to end corruption and tribal politics, and deliver a new constitution within 100 days of coming to power.

"The protests are really a case of pent-up frustration," said Patrick Kiage, political commentator and Nairobi lawyer.

"Kenyans were promised a people-driven constitutional review process, but all of that has come to nothing because parliament has decided what will go in the constitution."

Lawmakers wrangled late into Thursday night in an angry session extended to beat a deadline. It was only the second time in post-independence history parliament had sat so late.

Kenyans will vote on the new constitution in a November referendum. If it passes it will be promulgated on December 12.

Kibaki was elected on a wave of euphoria in 2002 by voters disenchanted with the sleaze that pervaded predecessor and classic African "Big Man" Daniel arap Moi's 24 years in power.

But two and a half years on, many accuse him of failing to live up to his promise of using the new treaty to trim his powers and allow a prime minister take some of his duties.

Kibaki supported the post in opposition, but has since backtracked on the idea of another centre of power. He has not spoken in public during this week's violence and controversy.

Critics see his stance as a throwback to the strong-arm rule of Moi. It has divided the ruling National Rainbow Coalition (NARC) between backers of Kibaki's powerful Kikuyu tribe and those for Liberal Democratic Party leader Odinga, a Luo.

One political analyst said a government with two centres of power would not serve Kenya's 32 million people.

"If you have a strong Kikuyu president and a strong Luo prime minister, there's a chance they will pull this ethnically divided country in two directions," Ahmed Nasir Abdullahi said.

Moi himself accused the government of "hypocrisy" and "selfishness" after pushing for the Bomas Draft in opposition. "People are now thinking about the interests of their tribes only but not the country," media quoted him as saying.

--Additional reporting by Katie Nguyen, Andrew Cawthorne and Garrick Anderson