Constitutional LawReconstructing the Kenyan Constitution and State, 1963-2010: Lessons from German and American constitutionalism

This essay argues that the Kenyan Constitution and state are in urgent need of reconstruction and restructuring and the proposed Constitution of Kenya, 2010 which is expected to be adopted through a referendum on 4 August 2010 is a major instrument in re-engineered, reconstructing and restructuring the Constitution and state. I articulate this argument through the following issues and approaches: first, evaluate the theoretical framework for constitutional change in the context of German and American constitutionalism. Second, I attempt a construction of the logic of the Kenyan Constitution and the state.

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