Institutional Reform In The New Constitution Of Kenya

The aftermath of recent Kenyan elections has been marred by violence and an apparent crisis in democratic governance, with the negotiated settlement resulting from the 2007 election bringing into sharp focus longstanding problems of state and society. The broader reform process has involved electoral, judicial and security-sector reforms, among others, which in turn revolve around constitutional reforms. Written by a gathering of eminent specialists, this highly original volume interrogates the roots and impact of the 2010 constitution. It explains why reforms were blocked in the past but were successful this time around, and explores the scope for their implementation in the face of continued resistance by powerful groups. In doing so, the book demonstrates that the Kenyan experience carries significance well past its borders, speaking to debates surrounding social justice and national cohesion across the African continent and beyond.

The constitutional referendum process has been deemed a success. Now the real work of implementing the ratified reforms and preparing for a possibly contentious national election begins. Kenya's new constitution promises sweeping change to Kenya's political and economic future and has brought with it new energy and a sense of purpose. Yet with soaring expectations comes a sobering reality: implementation will be a long, difficult process. The months and years to come will test the will of all citizens to transcend personal or political interests for the best interests of Kenyan society as a whole. The Kenyan political class and civil society must manage these expectations by communicating the scope and magnitude of the challenge: more than 100 laws must be written and passed in order for the constitution to become fully operational. Despite lingering questions, there are plenty of reasons for optimism: Kenyans have shown resilience in bouncing back from the 2007-2008 post-election violence to accomplish a peaceful referendum. Strong civil society leadership, a growing private sector, and a generational change in the political class are all encouraging trends. These three groups can be the engines of Kenyan prosperity, and the United States would do well to support them. As noted, however, the lasting impact of U.S. policy will turn not on its support of individuals or even political parties. Rather, a successful policy will encourage the development of Kenyan political culture by supporting civil society organizations, and it will encourage a capable, transparent government by supporting the institutional structures that will be driven forward by Kenya's vibrant, young political class.

Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.

This paper examines Kenya's 2010 constitution from the perspective of whether and how it can remedy problems of political violence. It is argued that the constitution does entail some important changes, including reforms of the system of governance, judicial reforms, decentralization. However, the paper concludes that these reforms will have little value if not followed by a change in the political culture.

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.

Finalist for the African Studies Association's 2021 Best Book Prize. Explores the limits of law in changing unequal land relations in Kenya.

Countries emerging from armed conflict or authoritarian rule face difficult questions about what to do with public employees who perpetrated past human rights abuses and the institutional structures that allowed such abuses to happen. Justice as Prevention: Vetting Public Employees in Transitional Societies examines the transitional reform known as "vetting"-the process by which abusive or corrupt employees are excluded from public office. More than a means of punishing individuals, vetting represents an important transitional justice measure aimed at reforming institutions and preventing the recurrence of abuses. The book is the culmination of a multiyear project headed by the International Center for Transitional Justice that included human rights lawyers, experts on police and judicial reform, and scholars of transitional justice and reconciliation. It features case studies of Argentina, Bosnia and Herzegovina, the Czech Republic, El Salvador, the former German Democratic Republic, Greece, Hungary, Poland, and South Africa, as well as chapters on due process, information management, and intersections between other institutional reforms.

Kenya's new constitution, inaugurated in August 2010, altered the institutional structure of the state in complex ways. The general motivation behind reform was to enhance the political representation of ordinary citizens in general and that of marginalized ethno-regional groups in particular, and to devolve control over resources to the county level. In the land domain, reform objectives were as explicit and hard-hitting as they were anywhere else. Reform of land law and land administration explicitly aimed at putting an end to the bad old days of overcentralization of power in the hands of an executive branch considered by many to be corrupt, manipulative, and self-serving.