Political Elites and the People: Kenya's Decade Long Constitution-Making Process

21 Pages Posted: 27 Mar 2018

Date Written: March 22, 2018

Abstract

Kenya adopted a new constitution in 2010. The first attempt had failed when a draft was rejected in a referendum in 2005. This paper suggests that the absence of elite buy-in in 2005 was fatal to the process: 'people-driven' constitutional reform cannot replace agreement by those who wield power. Conditions had changed substantially before the 2010 process. In particular brutal violence after the 2007 elections had shown Kenyans how dangerous their political situation was. In addition, the process that led to the 2010 constitution required political agreement. That agreement was secured partly because of considerable pressure from both Kenyans and the international community and as a result of the realization of how badly on-going instability affected all aspects of the country, including the economy. But the elite agreement in 2010 was shallow and perhaps opportunistic. Kenya remains volatile and constitution-makers have learnt yet again that constitutional change is not enough to change the underlying social, economic and political conditions that, in Kenya's case as so many others, are the source of inequality. and its related instability.

Keywords: Africa, Kenya, constitution, public participation, post-electoral violence

JEL Classification: K

Suggested Citation

Murray, Christina, Political Elites and the People: Kenya's Decade Long Constitution-Making Process (March 22, 2018). Available at SSRN: https://ssrn.com/abstract=3147154 or http://dx.doi.org/10.2139/ssrn.3147154

Christina Murray (Contact Author)

University of Cape Town ( email )

3rd Floor, leslie Commerce Building
Engineering Mall, Upper Campus
Cape Town, Western Cape 8000
South Africa

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