Keywords: Kenya,
Constitutional Reform, Constitution Making, Constituent Assembly,
Executive Branch, Evolutionary Model, Parliamentary Model,
Justice, Public Debate.
Abstract:
The article first summarizes the stalemate in public debate
on a new constitution for Kenya at the turn of the millennium.
It then discusses the fundamental ideas of justice and principle
which should guide the process of constitution making. These
are analyzed in the context of Kenyan realities. Four models
of constitution making that have been articulated in public
debate are examine: the constituent assembly, executive branch,
evolutionary and parliamentary models. These are evaluated
in relation to justice and principle and guides to the process
are outlined. Finally, the constituent assembly and parliamentary
models are compared in relation to justice, principle and
the realities of power in Kenya.