Abstract:
Kenya stands at a crossroads-desperately
needing to overcome a crisis in its governance for it's
very survival as a viable nation-state. The glaring symptoms
of its crisis range from the spectre of bloody tribal clashes,
a looming but uncertain presidential transition to the inability
of millions of households to sustain livelihoods.
some people hope the planned
constitutional review may go some way into resolving the crisis,
and the continuing debate about the constitution has not been
wholly drowned by the national despair and despair-generated
apathy.
This book is the autho's concerned
and well reasoned contribution to this debate. the author
starts at the beginning-the imposition on the peoples of kenya
of a colonial state constituted on the basis of imperial-inspired
contract law and philosophy. He demonstrates that Kenya has
remained shackled tothis legal tradition through the years
of it's independence. The highlights of this concise book,
a piece of writing packed with incisive thought per square
centimetre, are the author's suggestions about how Kenya can
liberate itself from this tardition.
The suggestions are encased
in the author's strikingly fresh theory which marries the
notions of "justice as process" and justice as substance"-as
a check, as fairness-addressing the plight of the weak and
the oppressed. Does the author manage a marriage of liberal
and socialist jurisprudence?
His suggestions on how to
constitute the offices of law in a anew dispenstion will surely
excite lively debate.
the author shermit Lamba,
is a jurist who obtained an LL.M degree with distinction
from the University of Warwick in the U.K His area of study
was Law in Development. He also holds a B.A in Philosophy
and a B.Sc in Chemistry from Queen's University, Canada.
HEhas been associated with human rights, constitutional
reform and pro-democracy movements in Kenya.