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: Suggested Citation