Constitutional Transitions and Territorial Cleavages

Abstract

This chapter examines how the question of territorial cleavage affected constitutional transitions in Kenya by focusing on the work of the Constitution of Kenya Review Commission (CKRC) and the National Constitutional Conference (NCC). More specifically, it explores issues surrounding devolution of power and how they were resolved, along with the actors involved. The chapter first provides a background that led to the move for constitutional reform, placing emphasis on the political “mobilization”—engineered by political parties and interests—behind the debate over the issue of devolution. It then considers the process of constitutional engagement from the late 2000 to early 2004, the CKRC proposals for a new Constitution that was eventually adopted via referendum in August 2010, and the devolution discussion in the NCC. It also analyzes the outcome of the constitutional transition and the lessons that can be learned from the Kenyan experience.