The Making of the Constitution of Kenya

The Making of the Constitution of Kenya PDF

Author: Charles O. Oyaya

Publisher: Routledge

Published: 2018-05-11

Total Pages: 295

ISBN-13: 1317161734

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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.

Kenya

Kenya PDF

Author: Godwin R. Murunga

Publisher: Zed Books Ltd.

Published: 2014-12-11

Total Pages: 203

ISBN-13: 1780323689

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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 New Constitutional Law of Kenya. Principles, Government and Human Rights

The New Constitutional Law of Kenya. Principles, Government and Human Rights PDF

Author: Kiwinda Mbondenyi

Publisher: African Books Collective

Published: 2012-12-29

Total Pages: 268

ISBN-13: 9966031901

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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.

Kenya at 50: Unrealized Rights of Minorities and Indigenous Peoples

Kenya at 50: Unrealized Rights of Minorities and Indigenous Peoples PDF

Author: Korir Sing'Oei Abraham

Publisher: Minority Rights Group

Published: 2012-03-08

Total Pages: 36

ISBN-13: 190791921X

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To mark Kenya’s 50th anniversary of self-rule, this report reviews the current status of minority and indigenous groups in Kenya. Focusing on Kenya’s 2010 Constitution, this report pays particular attention to how legal and policy changes over the last five years have addressed the social, economic and political challenges confronting minorities. The present state of minority and indigenous groups within Kenya’s dynamic context has been shaped by conflicting forces of regression and progress responding to the 2007 post-electoral violence, the new Constitution and the forthcoming 2012 elections. This report demonstrates both the opportunities to be seized and constraints to be overcome by minority groups if they are to realize the dream of inclusion. Although Kenya’s new Constitution contains numerous positive provisions for minorities and other vulnerable groups generally, this report shows that the prevailing experience of minorities in Kenya is increased vulnerability. There is a danger that constitutional recognition may not translate into positive developments for minority groups in reality. This report describes the ongoing challenges facing minority and indigenous groups: lack of political participation, discrimination and weak protection of their right to development. Directed at non-governmental organizations, policy actors and the media, this report warns that failure to ensure inclusion of minorities and address the anxieties of majorities, particularly in the context of county governments in the run-up to the 2012 elections and beyond, will lead to untold conflict, driving the reform agenda several years back.

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