My overarching argument in this chapter is that since the promulgation of the Constitution of Kenya 2010, Kenya has experienced reversals in implementation and enforcement of the Constitution generally. The process and the outcome in the 2017 General Elections provided an opportunity for Kenyans to re-ignite hope and reforms in governance and public administration. I...
This article may be cited as; Ben M. Sihanya (2014) ‘Devolution and Education Law and Policy in Kenya’ The Law Society of Kenya Journal (LSKJ), vol 10(1), pp. 60-94. This paper examines the juridical or legal and policy framework on devolution and education. I analyze how the constitutional promise of devolution is being operationalised in...
This article may be cited as; Ben M. Sihanya (2013) ‘Constitutionalism, the Rule of Law and Human Rights in Kenya’s Electoral Process’ in (eds), Law Society of Kenya, ‘Handbook on Election Disputes in Kenya.’ This chapter rightly prescribes that in the Kenyan context, constitutionalism will be achieved only, as a starting point, where there is...
Deep seated interests pose three types of threats or challenges to the implementation of the Constitution of Kenya 2010. These interests seek to retain the status quo, reverse the gains, or manipulate the content, direction and pace of reform or implementation. Opportunities lie in focusing on the key agents of reform in the form of...
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...
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