The New Constitutional Law Of Kenya

The golden thread that cuts across the various chapters of the book is the emphasis that good constitutions anchor certain tenets that have garnered recognition as hallmarks of democratic dispensation. These hallmarks include the concept of separation of powers; the doctrine of the rule of law; constitutionalism and human rights. These attributes have largely been secured by the 2010 Constitution. Thus, this book is expected to contribute to this new promise by making knowledge on the Constitution accessible through breaking down and contextualising its provisions. It is certain to be useful to law and government students, lawyers, researchers and other persons who seek to understand the new constitutional order.

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.

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.

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.