Constitutional LawConstitutional Values, Principles and Policies in Kenya and Africa – Chapter 3

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 as social-cultural or identity politics. These then constitute Constitutional sociology, political economy, and cultural politics of Kenya and the relevant African states under study including Uganda, Tanzania, Nigeria, Ghana, Cameroon, Ivory Coast, Senegal and South Africa.

We adopt an Afro-Kenyanist theory methodology and praxis in integrating rules, ethics, ethos, values, and principles into constitutional democracy to advance individual and group liberties as well as nationhood. These include national ethos, mutual social responsibility, inclusivity, shared prosperity, public participation and anti-corruption.

Some of these were considered in the reports, debates, proposals and litigation on the Building Bridges Initiative (BBI) and form the substance of the Constitution of Kenya (Amendment) Bill, 2020, and related progressive constitutional reforms debates.

Constitutional values and structure find expression and are enhanced through agency and structure. And some of the values and principles actually constitute structure to the extent that they have become national or institutional norms or culture.5 The Constitution of Kenya, 2010 provides for national values and principles of governance under numerous articles and Chapters. These includes Article 10 on national values and principles of governance; Chapter 6 on leadership and integrity; Article 201 on values and principles of public finance; Article 232 on values and principles of public service; and other specific Chapter and articles.6These bind all state organs, state officers,
public officers and all persons in at least three (3) contexts.

To read the full chapter, download the PDF here.

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