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 current constitution making process is not the first of its kind in post independence Kenya.1 Since the Lancaster House Conference2 that gave Kenya its very first constitution after independence, constitution making processes have been fraught with controversies.3 The periods after independence saw the Kenyans glamour for constitutional change and reforms.4 A number of amendments have been effected to the Kenyan, constitution since independence. The clamor for constitutional review gradually grew leading to the repeal of section 2A of the Constitution in 1991 which restored multi-parties.s The pressure from civil society organizations in 1997 led to the enactment of the Constitution of Kenya Review Commission Act6 and this was considered as the formal beginning of the Constitutional Review Process in Kenya.7 The next major constitutional review process came in after the end of the term of President Daniel Arap Moi in 2002. A review process, commonly known as the