Public participation in constitution-making : a critical assessment of the Kenyan experience

Abstract

Kenya has embarked on a constitutional making process that is hoped to ensure a transition to democracy. The Constitution of Kenya Review Act, 2008 provides a legal framework for the making of a new constitution. This research evaluates the current constitutional making process in Kenya and focuses on the process undertaken by the coalition government in Kenya and the extent to which the people of Kenya have been involved in the process. This study is important because the current coalition government in Kenya is expected to deliver a constitution before Kenya goes to elections in 2012. It is hoped that this study contributes to the constitutional making process that is currently underway in Kenya. It emphasis the argument that a people driven process is necessary if governments that have suffered political violence and instability are to become stable and inclusive.