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
The Constitution and Constitutional Theory
Kenya’s Constitutional Foundation
The Road to the Independence Constitution
Post-independence Constitutional Amendments and Reversal of Constitutional Gains
Towards Democratic Constitutional Reforms in Kenya
The Constitution of Kenya Review Process and the Challenges of Constitution Making in Peacetime
Cataclysm of Constitutional Change and Completion of the Constitution of Kenya Review Process
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).