Constitution Making and Legal Reform Process in Kenya

Abstract

From Introduction: "...When Kenya became independent, the constitution was not made directly by the people. It was negotiated in London at Lancaster House between the British government and representatives of Kenya's political parties who were members of the Legislative Council. The people of Kenya were therefore not consulted in the making of the Constitution, and the British Parliament, not the Kenya legislature, adopted the constitution. Since independence several amendments to the constitution have been done and just like at independence, the people had neither direct say in these constitutional changes, nor given time to debate and discuss the changes. Based on the lessons learnt from the past, the Constitution of Kenya Review Act sought to place people at the centre of the review process and aimed at making the process comprehensive, participatory and inclusive. It is for this reason that it was popularly described as people-driven. Recognizing that a constitution is a compact among the people for the good governance of their society and affairs, the process, procedure and outcome of making the new constitution was intensely negotiated and its contents largely reflected the views of the majority involved in the process."