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





ISBN 9781472474568
Published May 1, 2018 by Routledge
282 Pages 1 B/W Illustrations

 
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Book Description

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.

Table of Contents

Preface





 



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

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Author(s)

Biography

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).