Abstract

The aftermath of recent Kenyan elections has been marred by violence and an apparent crisis in democratic governance, with the negotiated settlement resulting from the 2007 election bringing into sharp focus longstanding problems of state and society. The broader reform process has involved electoral, judicial and security-sector reforms, among others, which in turn revolve around constitutional reforms. Written by a gathering of eminent specialists, this highly original volume interrogates the roots and impact of the 2010 constitution. It explains why reforms were blocked in the past but were successful this time around, and explores the scope for their implementation in the face of continued resistance by powerful groups. In doing so, the book demonstrates that the Kenyan experience carries significance well past its borders, speaking to debates surrounding social justice and national cohesion across the African continent and beyond.
'Murunga, Okello and Sjögren demonstrate that as protracted, engaged and contradictory as the effort to achieve a new constitution was, its enactment marks only the next stage of a struggle that is far from over. The Struggle for a New Constitutional Order is not simply a chronicle of a bitter history; it is more tellingly a forecast of considerably more political drama to come.' Professor Joe Oloka-Onyango, Makerere University 'With helpful chapters on elite politics, the security situation, and the process of constitution making, this is essential reading for anyone who seeks a complete understanding of the "Kenya crisis" and what followed. It is not possible to understand the politics of contemporary Kenya without this back story.' Nic Cheeseman, director of the African Studies Centre, University of Oxford 'Murunga, Okello and Sjögren - all with intimate knowledge of Kenya's struggle for democracy - have edited an epic work of the intellect. In these pages, they and the authors bring to life the tortured but vital peaks and valleys of the yearning of the Kenyan people to live free of autocracy and illiberalism. Some of the authors, like Yash Ghai, are synonymous with the making of Kenya's constitution.' Professor Makau Mutua, State University of New York Buffalo 'This excellent collection sets out the context required to understand the importance of implementing Kenya's new constitution, and highlights the various barriers and obstacles to achieving the same. As such, the book provides a timely contribution to academic debates, as well as a call to action for all those interested in protecting Kenya's recent constitutional gains and promoting constitutionalism.' Gabrielle Lynch, associate professor of comparative politics, University of Warwick
Godwin R. Murunga is a senior research fellow in the Institute of Development Studies, University of Nairobi, and director of the African Leadership Centre. He is also a visiting professor in the Global Institutes at King’s College London. He is a trained historian with a PhD from Northwestern University in Illinois, specialising in urban history but with research interests in democratisation processes in Africa, politics of knowledge production and masculinities in Africa. His current research project focuses on the role of settlements in peace-building and state-building in Kenya. Duncan Okello is currently the Chief of Staff in the Office of the Chief Justice, Republic of Kenya. He holds a BA degree in political science and history as well as a law degree, both from the University of Nairobi. He also holds an MA in international relations from the University of Kent at Canterbury, UK. His policy and research interests revolve around questions of democratisation and institution-building for societies in transition, constitutionalism and the rule of law, and how development outcomes mediate and influence state and citizen relations in Africa. He previously worked as director of programmes at the Institute of Economic Affairs in Kenya, and as the Regional Director for Eastern Africa for the Society for International Development. Anders Sjögren is a senior researcher with the Nordic Africa Institute in Uppsala. He holds a PhD in political science from Stockholm University. Working in the field of the comparative political economy of development and state-society relations in Africa, his current research is on land conflicts, state formation and citizenship in Kenya and Uganda.