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Kenya, like the rest of Africa, has gone through three sets of constitutional crises. The first related to the trauma of colonialism and struggle for independence. The second a period of constitutional dictatorship and the clamor for reform. The third, most recent crisis, being one of identity, legitimacy and the inability of the state to discharge its functions which has resulted in civil unrest, violent ethnic conflicts, poverty, social exclusion and inequality. The Making of the Constitution of Kenya examines the processes, issues and challenges of constitution making, governance and legitimacy in that country and the lessons that can be learned for others on the continent. Equipping the reader with a sound historical perspective on constitutional developments and the crisis of constitutional legitimacy in Kenya it gives an invaluable insight into the normative and political complexities involved in evolving a truly democratic and widely acceptable constitutional order in Africa.
The Constitution of Kenya: Contemporary Reading, provides an in-depth assessment of the interface between constitutionalism and Kenyas new Constitution. Focusing on the historical trajectory on the search for a new Constitution, Chapter One lays the groundwork upon which the fault line between constitutionalism and the issue areas are articulated in the other chapters in relation to the new Constitution. The superb chapters on the carefully selected issue areas, make this edited volume an essential reading. The book makes an important contribution to the evolving constitutionalism and policy clarification on Kenyas new Constitution. It is a welcome and timely intervention by legal scholars and practitioners on the new constitution and the challenges facing Kenya in its implementation. The book is an excellent teaching and reading manual for students in law, history, politics, diplomacy, and international relations as well as for the practitioners.
Human rights nongovernmental organizations (NGOs) are by definition not part of the state. Rather, they are an element of civil society, the strands of the fabric of organized life in countries, and crucial to the prospect of political democracy. Civil society is a very recent phenomenon in East African nations, where authoritarian regimes have prevailed and human rights watchdogs have had a critical role to play. While the state remains one of the major challenges to human rights efforts in the countries of the region, other problems that are internal to the human rights movement are also of a serious nature, and they are many: What are the social bases of the human rights enterprise in transitional societies? What mandate can human rights NGOs claim, and in whose name do they operate? Human Rights NGOs in East Africa critically explores the anatomy of the human rights movement in the East African region, examining its origins, challenges, and emergent themes in the context of political transitions. In particular, the book seeks to understand the political and normative challenges that face this young but vibrant civil society in the vortex of globalization. The book brings together the most celebrated human rights thinkers in East Africa, enriched by contributions from their colleagues in South Africa and the United States. To date, very little has been written about the struggles and accomplishments of civil society in the nations of East Africa. This book will fill that gap and prove to be an invaluable tool for understanding and teaching about human rights in this complex and vital part of the world.
From the bleak days of severe marginalisation; days when words such as womens empowerment or affirmative action were taboo in Kenya, Time for harvest: Women and Constitution Making in Kenya captivatingly traces womens struggles to change their status, their lives and their entire destiny. It is a brilliant exposition of the sheer ingenuity, perseverance and tenacity to contribute to the attainment of an all inclusive Constitution that banishes, inter alia, gender discrimination in all spheres of life, including social, economic, cultural, and political spheres. In this way, it opens up massive space for Kenyan women to exhale. Wanjiku deftly tells the story of many great women actors in the struggle and the nature of their contribution while sparing us the pain that was suffered by individual women and their families as they identified with what at times seemed like mission impossible. They must be the women who, in her words, have names, hearts that ache, eyes that weep, feet that hurt. The books is suitable for the general reader as well as scholars in cultural and feminist studies. Student of politics, law, history, sociology, anthropology and literature who want to know the path travelled by Kenyans - women specifically - in constitution making will find it useful.
Power-sharing is an important political strategy for managing protracted conflicts and it can also facilitate the democratic accommodation of difference. Despite these benefits, it has been much criticised, with claims that it is unable to produce peace and stability, is ineffective and inefficient, and obstructs other peacebuilding values, including gender equality. This edited collection aims to enhance our understanding of the utility of power-sharing in deeply divided places by subjecting power-sharing theory and practice to empirical and normative analysis and critique. Its overarching questions are: Do power-sharing arrangements enhance stability, peace and cooperation in divided societies? Do they do so in ways that promote effective governance? Do they do so in ways that promote justice, fairness and democracy? Utilising a broad range of global empirical case studies, it provides a space for dialogue between leading and emerging scholars on the normative questions surrounding power-sharing. Distinctively, it asks proponents of power-sharing to think critically about its weaknesses. This text will be of interest to students, scholars and practitioners of power-sharing, ethnic politics, democracy and democratization, peacebuilding, comparative constitutional design, and more broadly Comparative Politics, International Relations and Constitutional and Comparative Law.
There is no singular interpretation over the forces that almost brought Kenya to a standstill around the 2007 general elections. The 'truth' about what actually happened will be found in the in-between spaces of dialogue and voicing. Somewhere amidst these at times contradictory and at times reaffirming voices can be found glimpses of what the pursuit of political power can do to a people, especially in a State where accountability to citizens is of minimal value. The essays in Defining Moments capture some of the transformative moments during the crisis that rocked Kenya in 2007/2008 and in its resolution. These reflections by journalists, lawyers, political scientists and cultural workers provide additional perspectives to the relationship between elections, citizenship and violence. This book follows in the footprints of Healing the Wound: Personal Narratives about the 2007 Post Election Violence in Kenya and Re-membering Kenya Vol.1, Identity, Cultural and Freedom. We revisit some of the hotspots, the mediation process and ways of ending impunity. This is part of on-going work at Twaweza Communications to provide space so that multiple voices can be heard as we seek to build a peaceful and just society. In the process we hope to show that violent conflict can be avoided through structural and behavioural engineering: fix governance, ensure accountability, give credibility to institutions. anchor justice and rule of law.
The plunging of Kenya, until recently a centre of stability and growth in East Africa, into political and economic uncertainty following the general election of December 2007 is regarded as a major cause for global and African concern. It is widely accepted that the elections were deeply flawed, and that there was electoral malfeasance by all the major players. President Kibaki's rapid declaration of victory in the face of a heavily disputed election and his determination to hold on to the levers of state power precipitated a deadly crisis, communal violence and economic decline. A power-sharing deal between Kibaki and Opposition leader, Raila Odinga signed in February seems to be holding, but Kenya ranks among the worlds’ growing number of democracies at-risk. This book takes a new look at the 2007 election, the post-election crisis, the underlying interaction of ethnicity, class and political power; forced displacement, the role of international forces; and the country’s power-sharing arrangement. The study will draw upon the expertise of a variety of leading experts on Kenya, and will be edited by Peter Kagwanja and Roger Southall. The overall project was based on a workshop in Nairobi on 6-7 December 2008. This book was published as a special issue of the Journal of Contemporary African Studies.
The official records of the proceedings of the Legislative Council of the Colony and Protectorate of Kenya, the House of Representatives of the Government of Kenya and the National Assembly of the Republic of Kenya.
This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent.
For one hundred and forty-one years The Statesman's Yearbook has been relied upon to provide accurate and comprehensive information on the current, political, economic and social status of every country in the world. The 2005 edition is fully updated and contains more information than ever before. A foldout colour section provides a political world map and flags for the one hundred and ninety-two countries of the world. In an endlessly changing world the annual publication of The Statesman's Yearbook gives you all of the information you need in one easily digestible single volume. It will save hours of research and cross-referencing between different sources, and is an essential annual purchase.