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8 - Transformative Constitutionalism

The Role of Citizens in (Tax) State-Building: The Case of Kenya

from Part III - Social Transformation and Taxation

Published online by Cambridge University Press:  18 December 2025

Tsilly Dagan
Affiliation:
University of Oxford
Ruth Mason
Affiliation:
University of Virginia
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Summary

Transformative constitutions – which have been described as bringing about more than reform but less than a revolution – steer countries towards democracy, participation, and egalitarianism. The interpretation and enforcement of such transformative constitutions by courts and public institutions, such as tax administrations, deliver radical social change. A core aim of a transformative constitution is to promote greater democracy and participation in governance and, thus, state-building. Relying on case studies from Kenya, this chapter asks how citizens contribute to state-building by participating in the national tax policy, administration, and legislative processes and considers the roles of transparency and inclusivity on such public participation.

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