For decades, Kenyans have demanded a constitution to replace one written at the time of independence from British colonial rule in the early 1960s.

A new charter was a key provision in the power-sharing deal struck between President Mwai Kibaki and Prime Minister Raila Odinga after 2007’s disputed presidential election.

“Right now, the lives of 40 million Kenyans are constantly in the hands of our politicians and we have an opportunity to change that and define the foundations for a better country,” said Jackson Kamore, a humanitarian worker in Nairobi.

“I really think this country needs reforms to move forward.

I think we have forgotten where we were in 2007/2008,” he said, referring to the murderous fighting that shook Kenya after the rigged election.

The proposed basic law — seen as key for investor confidence in east Africa’s largest economy — is designed to cut back the president’s powers and to address decades of marginalization of some tribes.

It will also devolve some power away from the central government and many hope it will reverse decades of avaricious land grabbing by politicians and well-connected individuals.

“I am voting yes so these thieves hoarding large pieces of land will now have to sell them. They will have no option,” said James Chege, a driver.

This week, parliamentarians adopted a report that proposes an increase in their already high salaries, angering many Kenyans. Critics say the members of parliament are having a final go at padding their wallets before the new constitution is passed in the Aug. 4 referendum, as is widely expected.

“MPs are full of impunity, such as increasing their salaries arbitrarily just because they can,” said John Wephukhulu, a hawker. “They have just made guys who would have voted no to vote yes.” Opinion polls suggest the charter will be approved although the number of those opposed to it is growing.

Church leaders are angry that the new document gives room for later amendments allowing abortion, as well as the recognition of Muslim courts dealing with inheritance and divorce.

“More and more Muslims seem to be taking over everything in Kenya, business, real estate, if they are given this power and as they continue to grow, they could turn into radical Islamists,” said Lucy Kibui, who said she would be voting no.

Analysts say that many politicians, wanting to appear reformist, are rooting for the new law but would rather things remained as they are.

Some of them have benefited from years of impunity and flagrant disregard for the rule of law and some Kenyans worry that a new charter will not mean instant change.

“We need a constitution to suit where we have reached as a democracy. I want presidential powers checked, we need stronger institutions, a stronger parliament, no corruption,” said George Nyamwamu, a small-scale businessman in Nairobi.2 “With the crop of politicians we have, nothing will happen.

We need new blood in that devil’s house for any changes to be effected.”