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.