The Making of the Constitution of Kenya: A Century of Struggle and the Future of Constitutionalism, 1st Edition (Hardback) book cover

The Making of the Constitution of Kenya

A Century of Struggle and the Future of Constitutionalism, 1st Edition

By Charles O. Oyaya, Nana Poku


272 pages | 1 B/W Illus.

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pub: 2018-05-10
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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



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

About the Authors

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).

About the Series

Contemporary African Politics

Once seen only as a continent of poverty, violence and corruption, the Africa of today is a vibrant place where social forces demand representative governance, in the process generating fresh forms of complexities in the political, social and economic life of ordinary Africans. Whether what we are witnessing is a third liberation of the continent: the first from colonialism, the second from autocratic indigenous rule and now something far more different, is a work in progress.

This series seeks original approaches to furthering our understanding of the ensuing changes on the continent. The series includes work that progresses comparative analysis of African politics. It looks at the full range and variety of African politics in the twenty-first century covering the changing nature of African society, gender issues, economic prosperity and poverty to the development of relations between African states, external organisations and between leaders and the people they would govern. The series aims to publish work by senior scholars as well as the best new researchers and features original research monographs, thematically strong edited collections and specialised texts.

To submit a proposal for Contempoary African Politics please contact Leanne Hinves [email protected]

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
SOCIAL SCIENCE / Regional Studies