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The Struggle for a New Constitutional Order
Kenya
The Struggle for a New Constitutional Order
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Description
The aftermath of recent Kenyan elections has been marred by violence and an apparent crisis in democratic governance, with the negotiated settlement resulting from the 2007 election bringing into sharp focus longstanding problems of state and society. The broader reform process has involved electoral, judicial and security-sector reforms, among others, which in turn revolve around constitutional reforms.
Written by a gathering of eminent specialists, this highly original volume interrogates the roots and impact of the 2010 constitution. It explains why reforms were blocked in the past but were successful this time around, and explores the scope for their implementation in the face of continued resistance by powerful groups. In doing so, the book demonstrates that the Kenyan experience carries significance well past its borders, speaking to debates surrounding social justice and national cohesion across the African continent and beyond.
Table of Contents
Part I: Contexts and Actors in the Making of a New Constitution
1. The Protracted Transitions to the Second Republic in Kenya - Paul Tiyambe Zeleza
2. Fuelling the Violence: The Print Media in Kenya's Volatile 2007 Post-Election Violence - Sammy Gakero Gachigua
3. Mediating Kenya's Post-Election Violence: From a Peace-Making to a Constitutional Moment - E. Njoki Wamai
4. Instrumentalism and Constitution-Making in Kenya: Triumphs, Challenges and Opportunities Beyond the 2013 Elections - Raymond Muhula and Stephen Ndegwa
5. Revisiting 'The Two Faces of Civil Society' in Constitutional Reform in Kenya - Wanjala S. Nasong'o
Part II: The Content, Challenges and Opportunities of a New Constitutional Order
6. Constitutions and Constitutionalism: The Fate of the 2010 Constitution - Yash Pal Ghai
7. Elite Compromises and the Content of the 2010 Constitution - Godwin R. Murunga
8. Security and Human Rights in the New Constitutional Order in Kenya - Mutuma Ruteere
Product details
Published | Dec 11 2014 |
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Format | Paperback |
Edition | 1st |
Extent | 208 |
ISBN | 9781780323657 |
Imprint | Zed Books |
Dimensions | Not specified |
Series | Africa Now |
Publisher | Bloomsbury Publishing |
About the contributors
Reviews
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This excellent collection sets out the context required to understand the importance of implementing Kenya's new constitution, and highlights the various barriers and obstacles to achieving the same. As such, the book provides a timely contribution to academic debates, as well as a call to action for all those interested in protecting Kenya's recent constitutional gains and promoting constitutionalism.
Gabrielle Lynch, associate professor of comparative politics, University of Warwick
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With helpful chapters on elite politics, the security situation, and the process of constitution making, this is essential reading for anyone who seeks a complete understanding of the "Kenya crisis" and what followed. It is not possible to understand the politics of contemporary Kenya without this back story.
Nic Cheeseman, director of the African Studies Centre, University of Oxford
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Murunga, Okello and Sjögren demonstrate that as protracted, engaged and contradictory as the effort to achieve a new constitution was, its enactment marks only the next stage of a struggle that is far from over. The Struggle for a New Constitutional Order is not simply a chronicle of a bitter history; it is more tellingly a forecast of considerably more political drama to come.
Professor Joe Oloka-Onyango, Makerere University
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Murunga, Okello and Sjögren - all with intimate knowledge of Kenya's struggle for democracy - have edited an epic work of the intellect. In these pages, they and the authors bring to life the tortured but vital peaks and valleys of the yearning of the Kenyan people to live free of autocracy and illiberalism. Some of the authors, like Yash Ghai, are synonymous with the making of Kenya's constitution.
Professor Makau Mutua, State University of New York Buffalo