A History Of Constitution Making In Kenya

The Making of the Constitution of Kenya examines the processes, issues and challenges of constitution making and governance in Kenya and the lessons that can be learned for others on the continent. It gives an invaluable insight into the normative and political complexities involved in evolving a truly democratic constitutional order in Africa.

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.

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.

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.

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.

This is the first study of constitution making during a critical decade of British rule in Kenya to be based on a thorough examination of archival sources. Such sources include secret police and intelligence reports, records of the planning and negotiations leading to the imposition of the three constitutions, and British cabinet records. These allow for a more complete appreciation of the forces that produced the specific constitutional dispensations. For example, the book provides the fullest and most authoritative account of the first Lancaster House conference of 1960. The account indicates that the constitution that emerged, as with the negotiations of 1954 and 1957, was not the result of inter-racial bargaining. Rather, each constitution was imposed by Britain after acceptance by some political groups, though not all. Such partial acceptance proved fatal to the constitutions of the 1950s. The book illustrates this reality as well as highlighting the importance of African agency in the overthrow of the Lyttleton and Lennox-Boyd constitutions and in the emergence of the very different constitutional order that resulted from the Lancaster House conference. Britain and Kenya's Constitutions, 1950-1960 is an important resource for scholars in African studies as well as those researching the history of British decolonization in Africa.