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2 - Making and Remaking Kenya’s Constitution

Published online by Cambridge University Press:  03 November 2022

Tom Ginsburg
Affiliation:
University of Chicago
Sumit Bisarya
Affiliation:
International Institute for Democracy and Electoral Assistance
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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.

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