A History Of Constitution Making In Kenya

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.

Kenya's Independence Constitution: Constitution-Making and End of Empire, by Robert M. Maxon, is a narrative of the evolution of the constitution that was put into effect as Kenya's history as a colonial possession came to an end. It details the attempts of the colony's political elite and the British Colonial Office to find a constitutional means to move Kenya to the status of independent state. As this process moved forward, political ethnicity assumed central significance. This produced an environment in which demands for a federal constitution, popularly termed majimbo, came to dominate constitutional discourse. Deep disagreement among Kenya's political elite over this issue marked the remainder of the colonial period. That elite, now represented by the Kenya African National Union (KANU) and the Kenya African Democratic Union (KADU), advocated different constitutional paths to independence. KADU's demands for a majimbo constitution dominated discourse during 1962 and early 1963, but deep disagreement characterized the constitutional negotiations. This resulted in a constitution for self-government (introduced on June 1, 1963) that was regional in character but fell short of a federal system. Almost as soon as it came into existence, this constitution faced pressure for substantial change from KANU, the party that won the 1963 general election. As a result, the British government was forced to make alterations in what became the independence constitution. The latter proved a prelude to the destruction of majimbo a year later. Kenya's Independence Constitution provides the first in-depth description of the final stage of colonial Kenya's constitutional evolution. The book not only provides a detailed account of the process of constitution-making, including definitive treatments of the final two constitutional conferences of 1962 and 1963. Utilizing British and Kenya cabinet papers and secret intelligence reports never featured in earlier accounts, the narrative also destroys many of the myths that have long been associated with Kenya's decolonization, such as the alleged favoritism for federalism and support given by the colonial state and Colonial Office to KADU and the reasons for KANU's hostility to the self government constitution. It makes a particularly significant contribution by illuminating the genesis of KADU's majimbo policy and emphasizing the African agency involved. The book is most timely as the Kenya political elite struggles to find a new constitutional order to replace that which had its roots in the independence constitution.

From the bleak days of severe marginalisation; days when words such as womens empowerment or affirmative action were taboo in Kenya, Time for harvest: Women and Constitution Making in Kenya captivatingly traces womens struggles to change their status, their lives and their entire destiny. It is a brilliant exposition of the sheer ingenuity, perseverance and tenacity to contribute to the attainment of an all inclusive Constitution that banishes, inter alia, gender discrimination in all spheres of life, including social, economic, cultural, and political spheres. In this way, it opens up massive space for Kenyan women to exhale. Wanjiku deftly tells the story of many great women actors in the struggle and the nature of their contribution while sparing us the pain that was suffered by individual women and their families as they identified with what at times seemed like mission impossible. They must be the women who, in her words, have names, hearts that ache, eyes that weep, feet that hurt. The books is suitable for the general reader as well as scholars in cultural and feminist studies. Student of politics, law, history, sociology, anthropology and literature who want to know the path travelled by Kenyans - women specifically - in constitution making will find it useful.

My research project arises out of a concern with how a particular response -- constitution-making -- to the particular manifestation of power around the idea of the State and the institutions and practices of Government in Kenya, and to the widespread social and economic inequalities in the country, appears to be closing off, in the name of democracy and democratic reform, the ways in which contingency, uncertainty, and disagreement shape democratic society. Based on sixteen months of fieldwork in Kenya, my doctoral dissertation The Letter and the Spirit: Politics, Intimacy, and Middle Class Constitution-Making in Kenya, is an anthropologically and ethnographically informed historical analysis of class as a political process that focuses on the interests, ideological beliefs, and socioeconomic and sociopolitical strategies of members of the reform movement. I argue that these beliefs and practices are tied to the ways Nairobi, the country's capital, is differentially accessed as a lived and symbolic space, and to the kinds of intimacy that are entered into by these reformers. I show how the reform movement is better understood not as a mass movement but as a small, closely-aligned group of individuals from a mostly cosmopolitan and professional background, who chose to focus on "human rights" and constitution-making because these reflected their class interests.

Clearing the fields : background and context of women's struggle -- Negotiating for space in the constitutional review process -- The National Constitutional Conference -- Women's voices from the provinces -- Women's organisations and women in academia -- Women's negotiations at Bomas National Constitutional Conference (2003-2004) -- 2005 Referendum : a dream deferred -- The first season of harvest -- Women, ethnicity and constitution making -- Women's strategic choices -- Emerging from the shadows -- Conclusion.

The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.

The Constitution of Kenya: Contemporary Reading, provides an in-depth assessment of the interface between constitutionalism and Kenyas new Constitution. Focusing on the historical trajectory on the search for a new Constitution, Chapter One lays the groundwork upon which the fault line between constitutionalism and the issue areas are articulated in the other chapters in relation to the new Constitution. The superb chapters on the carefully selected issue areas, make this edited volume an essential reading. The book makes an important contribution to the evolving constitutionalism and policy clarification on Kenyas new Constitution. It is a welcome and timely intervention by legal scholars and practitioners on the new constitution and the challenges facing Kenya in its implementation. The book is an excellent teaching and reading manual for students in law, history, politics, diplomacy, and international relations as well as for the practitioners.