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Chapter 1 of CODRALKA-Vol 1

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,...

Constitutional Founding of The Kenyan and African State – Chapter 2

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,...

Participation, Representation and Delegation in Kenya and Africa – Chapter 4

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...

Fusion and Separation of Powers, and Checks and Balances in Kenya and Africa – Chapter 6

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...

Executive Powers, Functions and Structure in Kenya and Africa, Concepts, Theory, History and Practice – Chapter 8

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...

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