Makau Mutua writes from a fascinating first-hand perspective in his timely new book, Kenya's Quest for Democracy: taming Leviathan. Though a distinguished academic working in the United States, Mutua spent his sabbatical year 2002–3 serving as chair of the Kenya Human Rights Commission. Mutua was delighted at the victory of Kibaki's NARC party at the 2007 elections, believing that NARC's agenda of reform would provide a sea change from the practices of the corrupt KANU state which had governed since independence. Yet despite noting small improvements, Mutua saw, with resignation, how Kenya was unable to free itself from the legacy of the colonial state and subsequent KANU overrule (p. 4). Mutua's horror at the violence which exploded following the 2007 election is almost tangible throughout this book.

Mutua opens by laying out his argument that the most likely solution to Kenya's problems – and indeed to those of the post-colonial state in Africa – lies in ‘the writing of a broadly legitimate national charter that creates a new compact between the state and its citizens’ (p. 2). Mutua argues that constitutional reform – something that has plagued Kenya, and is of absolute relevance to other states such as Zimbabwe today – is the path to the creation of a workable, democratic state. Mutua argues that a new, properly written constitution would restrict the state's power, and provide for relief from ethnic and religious tensions (pp. 11–13). Calling for the removal of tainted politicians and elites, Mutua emphasises that the participants in this process must be drawn from the ‘bottom up’ – by a vibrant, free civil society led by a new political class, of exemplary morals and behaviour, which can begin the hard work of rebuilding the shattered social contract between government and citizen.

For the bulk of this book, Mutua leads the reader through the (often dark) constitutional and political history of Kenya. He argues that Kenya's first and only constitution – created at Lancaster House in 1963 – was ‘virtually doomed’ from the start as a result of its hasty, piecemeal creation. While independence brought African rule, from the point of view of the state, little changed: ‘The colonial state survived, but it morphed into a postcolonial variant’ (p. 60). Mutua lambasts the presidencies of Kenyatta and Moi, arguing that these men consolidated executive power while removing any pretence of genuine democracy. Through amendments to the constitution, they produced a state whose aim was repression and accumulation, where reform had no place. The post-colonial state – ‘Leviathan’ – is rotten at its core; it has created a ‘culture of governance’ which rewards ‘sycophancy, loyalty, and subservience and punishes innovation, merit, and critical analysis’ (p. 75). With such tempting power lodged in the executive, it was perhaps inevitable that Kibaki would fail to change things.

In the final chapter – entitled ‘What must be done’ – Mutua describes the nature of the constitution he believes is most appropriate for Kenya. The central tenet of this constitution is that it is one with executive power vested in a president (and not shared with a prime minister). Additional facets include checks and balances such as presidential term limits, an autonomous legislature, an independent judiciary, as well as ‘internal oversight mechanisms and ethics rules’ with which to control members of parliament (p. 268). He also suggests that the devolution of power is essential, but that this must be predicated on a system which does not heighten the already considerable ethnic tensions.

This book will be of great interest to scholars of modern Kenya. It will also be essential reading for those concerned with constitution-building in Africa, and indeed the nature of the colonial and post-colonial state; for Mutua writes clearly and passionately about his subject, and is intimately familiar with the wider literature of the field. This is a valuable contribution.