Book contents
- Constitution Makers on Constitution Making
- Comparative Constitutional Law and Policy
- Constitution Makers on Constitution Making
- Copyright page
- Contents
- Contributors
- Acknowledgments
- 1 Introduction
- 2 Making and Remaking Kenya’s Constitution
- 3 Kosovo’s Independence Constitution
- 4 Decisions, Deadlocks and Deadlines in Making South Africa’s Constitution
- 5 Makers of Our Own History
- 6 Nepal’s Constitutional Development and the Challenges of Constitution Making
- 7 The Constituent Process in Ecuador
- 8 Burundi
- References
2 - Making and Remaking Kenya’s Constitution
Published online by Cambridge University Press: 03 November 2022
- Constitution Makers on Constitution Making
- Comparative Constitutional Law and Policy
- Constitution Makers on Constitution Making
- Copyright page
- Contents
- Contributors
- Acknowledgments
- 1 Introduction
- 2 Making and Remaking Kenya’s Constitution
- 3 Kosovo’s Independence Constitution
- 4 Decisions, Deadlocks and Deadlines in Making South Africa’s Constitution
- 5 Makers of Our Own History
- 6 Nepal’s Constitutional Development and the Challenges of Constitution Making
- 7 The Constituent Process in Ecuador
- 8 Burundi
- References
Summary
After a constitutional amendment in 1992 ended one-party rule and introduced presidential term limits, Kenya had two full-blown constitution-making processes in relatively quick succession: the first ran from 2000 to 2005, ending when a draft constitution was rejected in a referendum; the second, from 2008 to 2010, “succeeded” in August 2010 when Kenya adopted a new constitution. The second process was designed with hindsight – the politicians who devised it consciously sought to avoid the problems that had beset its predecessor. The adoption of a new constitution in 2010 has not led to constitutional stability, however, and reform proposals continue to be debated. The chapter also reflects on the role of a foreign member of the Committee of Experts charged with the drafting of the initial text.
- Type
- Chapter
- Information
- Constitution Makers on Constitution MakingNew Cases, pp. 37 - 76Publisher: Cambridge University PressPrint publication year: 2022