Publications

The post-cold war liberal model of democracy was swallowed lock, stock and barrel by a large majority of East African scholars, including its radical wing. As a consequence, ten years down the line, there is cynicism and skepticism across the social spectrum. The so-called "international community", to use the grossly inaccurate term for the Western hegemonic powers, is utterly disgusted with the performance of the "new" African democracies. If they continue to pay them lip service, it is because they would not want to lose their recaptured backyard to the uppity Asian lion (China) or the South East Asian tigers. African politicians-in-power and the African masses did not take the promise of the new democratic El Dorado seriously,albeit for different reasons. While the power elite dragged its feet or made ‘paper’ reforms, the masses were sidelined as spectators of the unfolding drama of multi-party squabbles, rigged elections and doctrinal constitutional changes. 

There is a predictable, if somewhat depressing consistency between the studies of 
constitutional development in the three countries surveyed in the present compendium 
which covers the year 2001.  That consistency lies in the continuing prominence of the 
issue of constitutionalism to the peoples of the region—a prominence that barely a 
decade ago would have been described as academic at best, or misplaced and irrelevant, 
at worst.  Whether one looks at the traditional organs of the state—the Executive, the 
Legislature, or the Judiciary—or to the struggles by the masses for more directive 
methods of representation and participation in each of the countries examined, one 
discerns that THE CONSTITUTION is becoming an ever more conscious site for 
struggle, whether of a social, political or an economic nature.  Thus, state functionaries 
will evoke the Constitution to justify the most undemocratic and coercive measures, even 
as members of the opposition seek recourse in the very same instrument to advance their 
causes for enhanced participation, expression and access.  

This report traces and evaluates constitutional development in Kenya in 1999. Section One describes the meaning and nature of constitutional development. Section Two presents a historical perspective of constitutional development from 1960 to1999. The report then proceeds to describe constitutional development in 1999 under several sub-sections, that is, establishing the process for constitutional change; constitutional amendment in 1999; implementation of the constitution; and citizen activism and constitutional development. Section Four discusses the National Convention 
Executive Council‟s (NCEC‟s) attempt to break the constitutional impasse. The concluding section tackles emerging issues of constitutional development in 1999.