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


Book Description

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's Independence Constitution


Book Description

Background to constitution-making and decolonization -- Pressures for a new constitution : Kenya, 1960-61 -- Majimbo takes center stage -- The battle for Majimbo : Lancaster House II -- Making the constitution, April-December 1962 -- Completing the constitution, December 1962-April 1963 -- The 1963 election and setting a date for independence -- Change the constitution part 1, April-September 1963 -- Change the constitution part 2 : Lancaster House III and Kenya's independence constitution, September-December 1963 -- Constitution-making : Uhuru na Majimbo.




Making Devolution Work for Service Delivery in Kenya


Book Description

Kenya adopted a new Constitution and began the process of devolution in 2010. The new Constitution was the institutional response to longstanding grievances over the centralization of state powers and public sector resources, and regional disparities in service delivery and development outcomes. This radical restructuring of the Kenyan state has three main objectives: decentralizing political power, public sector functions, and public finances; ensuring a more equitable spatial distribution of resources between regions; and promoting more accountable, participatory, and responsive government at all levels. The first elections under the new Constitution were held in 2013. Alongside the national government, 47 new county governments were established. Each county government is made up of a County Executive, headed by an elected Governor and works under the oversight of an elected County Assembly. Seven years after the "devolution train" left the station, this report takes stock of how devolution has affected the delivery of devolved basic services to Kenyan citizens. Whereas devolution was driven by political reform, the ensuing institutions and systems were expected to deliver greater socioeconomic equity through devolved service delivery. The Making Devolution Work for Service Delivery (MDWSD) study is the first major assessment of Kenya’s devolution reform. The study was a jointly coordinated effort by the Government of Kenya and the World Bank. The study provides key messages with respect to what is working, what is not working, and what could work better to enhance service delivery based on the currently available data. It provides an independent assessment of service delivery performance in five sectors, namely health, education, agriculture, urban, and water services and includes an in-depth review of the main pillars of devolved service delivery, namely public financial management, intergovernmental finance, human resource management, politics and accountability.




Constitutional Triumphs, Constitutional Disappointments


Book Description

Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.




Where Women are


Book Description




Assessing Constitutional Performance


Book Description

From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, empiricists and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of constitutional success play out differently in different contexts and provides examples of how success can be differently defined under different circumstances.




Majimbo in Kenya's Past


Book Description

Advocacy for federalism in Kenya emerged amidst World War II and its aftermath. The rapidly changing political, economic, and social environment in Great Britain and British colonies in Africa formed the background for uncertainty and concern for the future among Kenya's European settler minority. Federalism's appeal came forth among a portion of the European community and some of the colonial rulers who were concerned about a post-war world that seemed certain to bring far reaching changes in Britain's most important East African dependency. These included democratization, the extension of civil liberties, increased economic opportunities for the African majority, and social integration leading to eventual decolonization. European anxiety as to the impact of such changes on their privileged political, economic and social status produced advocacy for majimbo or a federal system of governance between 1940 and 1960. This advocacy for federalism emerged in a colonial political system defined by a racially differentiated electorate with separate representative systems and voting by racially defined groups. The European minority in Kenya enjoyed pride of place in 1945, but demands for greater political participation from the larger Asian and African communities and the British government's support for a sharing of power among Kenya's racial group placed Kenya's Europeans on the defensive. The declaration of a state of Emergency in Kenya in October 1952 and the outbreak of the Mau Mau war/rebellion added to European concerns and uncertainties that provided powerful fuel for federalist ideas throughout the rest of the decade. For example, the political reforms pushed by the British government and the colonial state in response to the war/rebellion provoked enhanced calls for federalism among the vocal minority among the European community. Federalism remains a controversial topic in Kenyan history and in contemporary Kenya. In the current century, federal advocacy has been viewed by scholars and public as responsible for outbreaks of pre- and post-election violence. The movers and motives of federal advocates is also a subject that provokes strong opinions as they have often been viewed as racists or tribalists. It is thus important to examine and analyze the movers of majimbo, their motives, the shape and substance of their schemes, and the reasons for their lack of success in moving late colonial Kenya to adopt a federal system. This book demonstrates that the decade of the 1950s was the high water point for federalism in Kenyan history. Finally, it is critical to closely review that decade's federalist advocacy in light of Kenya's adoption of a federal scheme of governance with the 2010 constitution. This is the first detailed study of federalism in Kenya during the 1940s and 1950s that provides important grounding and background for the understanding of the later emergence of majimbo in the independence era (1961-1963) and later. The book identifies the movers of federalism during the period of study as well as providing in-depth analysis of the political parties they used to promote provincial autonomy and evolution plans. These include the Federal Independence Party, the Progressive Local Government Party, and the United Party. The analysis reveals that the movers backed majimbo as a defensive mechanism. They hoped it would serve as a means of protecting and perpetuating white privilege in terms of political dominance, segregated schools and public facilities, and, most of all, exclusive European control of a large portion of the colony's productive farm land, the white highlands. Majimbo in Kenya's Past is an important book for African studies, history, and politics.




The Constitution of Kenya: Contemporary Readings


Book Description

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


Book Description

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.