This Chapter conceptualises, problematises and contextualises some of the core variables or parameters in constitutional democracy in Kenya and Africa. These concepts include people, sovereignty, constitution, state, government, society, and market in sustainable development and constitutional democracy.1 The main point of reference or departure is the constitutional text, structure, history constitutional history includes practice, tradition,...
This Chapter 2 argues that the constitutional founding of the Kenyan and African State, and incipient, extent, and future statehood or nationhood, based on three (3) variables. First, constitutional or political negotiations that involved the quest for liberty, the struggle for independence, the transfer of power in Kenya and Africa. Second, militancy, including conquest, expeditions,...
The Constitution of Kenya is the organizing principle, rules, values, principles, and political cultures that undergird on popular sovereignty, nationhood, and statehood which we have discussed in Chapter 1 and 2 of this CODRALKA 1. Constitutional values and principles provide a firm foundation for the governance of economic resources, political powers, and liberty as well...
Participation, representation and delegation are closely linked to the concept of the people and popular sovereignty in Kenya and Africa. They address the substantive, theory, operationalization, procedural or processual rights, liberties and freedoms. Significantly, AfroKenyan constitutional democracy and governance under the 2010 Constitution and relevant constitutions are supposed to be through direct participation, representative and...
My overarching argument is that the study and practice of public or governmental powers in Kenya and Africa has not sufficiently integrated the appropriate fusion and separation of powers and checks and balances ……… See Chapter 5, “Methodology of Constitutional, Administrative and Regulatory Law in Kenya and Africa: The Constitutional Sociology, Political Economy and Cultural...
This Chapter adopts a three-pronged methodology on legislative power, structure and process in Kenya and Africa. First, what is the legislative and the core powers and functions of the Legislature in Kenya and Africa? Second, what is the composition and the core organs or structures of the Legislature in Kenya and Africa? Third, what are...
My overarching argument in the Chapter 8 is that the production, regulation, reproduction and termination of executive power in Kenya and Africa has to contend with three (3) inter-related theoretical and philosophical or epistemological, political, and pragmatic questions. First, the need to promote popular sovereignty, constitutional democracy and service delivery. Second, avoiding executive fiat and...
My overarching argument in this Chapter 9…on the Judiciary in Kenya and Africa is three pronged. First, the Judiciary is one of the three co-equal arms of Government. It is not “the third arm;” nor the “shortest” arm; nor “the unelected branch”….It is simply the Judiciary … It includes the courts, tribunals, and “bodies” and...
