Blog of the International Journal of Constitutional Law

Category: Kenya

  • Kenya: Constitution passes first test

    In what is the first real test of Kenya’s new Constitution, the President has backed down by withdrawing nominees appointed inconsistently with the Constitution to fill four significant public positions: Chief Justice, Attorney General, Deputy Public Prosecutor and Controller of the Budget.

  • Kenya says yes

    With over half of ballots counted, it looks like Kenya’s constitution will indeed be approved by the public. Consistent with pre-referendum polls, the yes position seems to have well over 60% of public support. Remarkably, and surprisingly to many observers, the campaign before the referendum was carried out in a generally peaceful manner.

  • Looking like “yes” in Kenya

    Kenyan citizens go to the polls tomorrow for an up and down vote on the new constitution. According to reports in the Daily Nation, voters are expected in record numbers. Despite early warnings from the government that funds were in short supply to support the election, ballots appear to be in place, a national holiday proclaimed, and security measures taken.

  • Abortion foes battle Kenya draft

    If the Kenyan Constitution fails in a referendum a little over a month from now, it may be largely the result of foreign groups lobbying against it. Three U.S. Congressmen are now calling for an investigation into US support for the Kenyan constitution, arguing that funds spent on civic education for the proposed draft violate the Siljander Amendment, which is a provision of the U.S.

  • Kenya’s draft moves on…

    Kenya’s draft Constitution moves today to the office of Attorney General Amos Wako, who has four weeks to prepare the text for public referendum. The current text is the same as that forwarded by the Committee of Experts to the Parliament in late February—Parliament debated but failed to pass some 100 proposals for amendment.

  • Kenya parliament passes draft…

    … without amendments. we are not certain whether this means there were no amendments from the version proposed by the Committee of Experts in late February, or the version proposed by the Parliamentary Select Committee. stay tuned for more information… -TG

  • Kenya process keeps chugging along

    The Kenyan drafting process continues to move forward, with the debate in parliament due to wrap up this week. The MPs, having received the latest draft from the Committee of Experts and the Parliamentary Select Commission, have apparently made some changes toward consolidation of local government, a major issue in the drafting debates.

  • Kenya process: the next hurdle

    Readers of this blog know that we have been following the Kenya constitution-making process with a close eye. This coming week, debate is to begin in the parliament over the revised draft produced by the Committee of Experts. That draft has been considered by the Parliamentary Select Committee for the past couple weeks.

  • Kenya process moves forward…

    Kenya’s Parliamentary Select Committee has now returned the draft constitution—heavily modified—to the Committee of Experts for reconsideration. The major change was dropping the semi-presidential system in favor of a pure presidential system with a directly elected president, reflecting demand from the public for greater clarity and clearer channels of accountability.

  • Kenya process continues

    The constitution-making process in Kenya continues apace. The Committee of Experts has now submitted a revised harmonized draft to the parliament, which will then submit the document to a referendum. The revised draft retains the semi-presidential structure of the first draft, which has a directly-elected president and a prime minister.