Americans who wish Kenya well, including the secretary of state, are lauding the attempt by the country's coalition government to craft a new constitution aimed at unifying the nation and ending the corruption and violence that has characterized its political life.

A Committee of Experts published the "Harmonised Draft Constitution" on November 17 and Kenyans have 30 days to review the draft and suggest changes. The draft will then be submitted to parliament for approval, with a view to holding a national referendum in mid-2010.

In a statement following its publication, Secretary of State Hillary Rodham Clinton complimented Kenyans, saying, "I am pleased that they have taken this step, which represents a major milestone" in the political reform process of the nation.

She said the United States is "committed to supporting the Kenyan people's efforts to implement their reform agenda," adding, "I encourage all Kenyans to use the 30-day comment period to engage in a constructive and substantive dialogue on a new constitution."

It is an opportunity, Clinton added, "for the Kenyan people to help determine the content of the constitution and come together to build a system of government that serves and protects the interests of all, regardless of political affiliation, ethnic group or faith."

Speaking recently to members of a Kenyan legal association, U.S. Ambassador Michael Ranneberger touched on the urgency of constitutional reform, saying, "I agree with the increasingly unified voice of Kenyans who are insisting that it is critical to have a new constitution now, and not at some undefined future date."

Like Clinton, Ranneberger termed the reform process a milestone on the nation's path to true democracy, saying he hoped "this historic opportunity is not lost."

It is important, the diplomat added, that the new constitution "address the difficult issues head-on, including the structure of executive power, the system for devolution, and judicial independence."

Ranneberger stressed that "meaningful and comprehensive constitutional revision is crucial to create a framework in which all Kenyans can compete without fear that any ethnic group or community will be disadvantaged."

Ambassador Don Yamamoto, principal deputy assistant secretary of state for African affairs, who was most recently U.S. envoy to Ethiopia, told America.gov Kenya's role in the region could be enhanced if it implemented constitutional reforms.

The nation's stature in Africa and globally will benefit if "the country is brought together behind a system of government that gives citizens the confidence that all their interests will be served without one group or person being favored over another," he explained.

Kenyans can be a model for others "if they can finish the reform process and have a successful referendum on a new constitution because it will be a very tangible display of democracy in action," Yamamoto added.

The lack of checks and balances and independence for the judiciary in the old constitution led to a winner-take-all mentality that stymied compromise and proved a fertile ground for corruption as well as violence. Following Kenya's disputed December 2007 presidential election, an estimated 1,500 people were killed in ethnically charged violence.

In early 2008, former U.N. Secretary-General Kofi Annan brokered a power-sharing agreement that led to creation of a coalition government. In the new arrangement, President Mwai Kibaki retained his office and opposition leader Raila Odinga was placed in a newly created position of prime minister. Significantly, the power-sharing agreement set out a broad range of reforms, including constitutional reform designed to address the underlying causes of the violence.

While the power-sharing agreement stopped the violence, political gridlock ensued, in part because the prime minister's powers were not clearly defined. In addition, an already bloated government was expanded to more than 40 ministries, providing fertile ground for corruption.

Almami Cyllah, Africa regional director for the International Foundation for Electoral Systems (IFES), a nongovernmental organization that partners with Africans on elections, told America.gov he was impressed at how civil society groups formed a part of the constitutional reform process.

"The fact that they are bringing in stakeholders to lend their voice and make recommendations will strengthen civil society because they will keep a close eye on the process and, if it is passed, will ensure that it is respected and properly implemented," he said.

The effort is praiseworthy, says George Ayittey, a Ghanaian-American economist who teaches at American University and is the founder of the Free Africa Foundation, which has been critical of African ruling elites. But "it should be done in a more deliberative way. The constitution should be a negotiated process and should be undertaken by a consultative assembly made up of a broad section of Kenyan society," he told America.gov.

Ayittey also believes the time limit for constitutional revisions should be extended. "It shouldn't be a rush job and the Kenyan government shouldn't be orchestrating the process. It should be done by an independent body."

A basic problem, said Ayittey, is that most African constitutions make the mistake of copying European examples and the Kenyan revision is no different. "It doesn't really change the unitary system in which power is concentrated at the center," he said.

"What we need is more devolution of authority and a decentralization of power in Africa," Ayittey concluded.