Constitution making and democratization in Kenya (2000-2005)

Abstract

The article analyses the most intense phase of a process of constitutional review in Kenya that has been ongoing since about 1990: that stage began in 2000 and is, perhaps, not yet completed, there being as yet no new constitution. The article describes the reasons for the review and the process. It offers an account of the role of the media and various sectors of society including women and previously marginalized ethnic groups, in shaping the agenda, the process and the outcome. It argues that although civil society, with much popular support, was prominent in pushing for change, when an official process of review began, the vested interests of government and even of those trusted with the review frustrated a quick outcome, and especially any outcome that meant curtailing the powers of government. Even high levels of popular involvement were unable to guarantee a new constitution against manipulation by government and other vested interests involved in review, including the law and the courts. However, a new constitution may yet emerge, and in any case the process may prove to have made an ineradicable impact on the shape of the nation's politics and the consciousness of the ordinary citizen.