1st Edition

The Making of the Constitution of Kenya A Century of Struggle and the Future of Constitutionalism

By Charles O. Oyaya, Nana Poku Copyright 2018
    282 Pages
    by Routledge

    282 Pages 1 B/W Illustrations
    by Routledge

    Kenya, like the rest of Africa, has gone through three sets of constitutional crises. The first related to the trauma of colonialism and struggle for independence. The second a period of constitutional dictatorship and the clamor for reform. The third, most recent crisis, being one of identity, legitimacy and the inability of the state to discharge its functions which has resulted in civil unrest, violent ethnic conflicts, poverty, social exclusion and inequality.

    The Making of the Constitution of Kenya examines the processes, issues and challenges of constitution making, governance and legitimacy in that country and the lessons that can be learned for others on the continent. Equipping the reader with a sound historical perspective on constitutional developments and the crisis of constitutional legitimacy in Kenya it gives an invaluable insight into the normative and political complexities involved in evolving a truly democratic and widely acceptable constitutional order in Africa.



    Chapter One

    The Constitution and Constitutional Theory


    Chapter Two

    Kenya’s Constitutional Foundation

    Chapter Three

    The Road to the Independence Constitution

    Chapter Four

    Post-independence Constitutional Amendments and Reversal of Constitutional Gains

    Chapter Five

    Towards Democratic Constitutional Reforms in Kenya

    Chapter Six

    The Constitution of Kenya Review Process and the Challenges of Constitution Making in Peacetime

    Chapter Seven

    Cataclysm of Constitutional Change and Completion of the Constitution of Kenya Review Process

    Chapter Eight

    The Consolidation of the Constitution of Kenya and Future Challenges


    Charles O. Oyaya is Executive Director of the International Development Institute–Africa (IDIA). He is a Governance, Health and Development Planning and Public Policy and Constitutional Law specialist. Dr Oyaya holds a Doctor of Philosophy (in Law) from the University of Nairobi, Kenya (2012).

    Nana Poku is Research Professor of Health Economics at the Health Economics and AIDS Research Division (HEARD) at the University of KwaZulu-Natal, South Africa. He was formerly Executive Director, United Nations Commission on HIV/AIDS and Governance in Africa (2003–05) and Director of Operational Research, World Bank AIDS Treatment Acceleration Programme (2004–06).