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, convection, usage and experience,2 theory, method and system in Kenya, South Africa, Nigeria, Uganda and Tanzania. Other states from Africa, North America, Latin America, and Asia are also studied, especially
Ghana, Ethiopia, USA, UK, India, Germany, France, Australia, China and Japan. [ from Latin America?]
This book seeks to develop an Afro-Kenyanist conceptual and theoretical, methodological and policy framework towards Constitutional, Democracy, Regulatory and Administrative Law in Kenya and Africa (CODRALKA). Thus, the following three (3) sets of founding, contemporary and futuristic values, principles, theories or philosophies and perspectives are conceptualized, problematized and contextualized or interrogated and integrated. First, justice, equity and humanism (utu, cf. ubuntu and human dignity) [cf. impact of British and tribal colonialism] as shield
and defender.3 Second, mutual social responsibility as contextualized in ―African socialism, communitarianism or egalitarianism‖4 and harambee (let‘s pool and pull together).5 Third, shared prosperity which is also rendered as ―I am because we are and since we are, therefore I am.
From March 9, 2018 when the Orange Democratic Movement (ODM) Leader and former Prime Minister Raila Odinga, the ―People‘s President, had a ―handshake or rapprochement with Jubilee Party Leader, the then President Uhuru Kenyatta II (2013-2022), Kenyans started engaging in broad constitutional, legislative, policy and administrative reform discussions. Therefore, this book engages the debates on the Building Bridges Initiative (BBI) 2019 and 2020 reports and proposals, the proposed amendments in the Constitution of Kenya (Amendment) Bill 2020, the related BBI and related reform proposals7. How have the debates conceptualized, problematized and contextualized people and the other core variables, parameters and phenomena in Kenya and Africa?
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