Designing a Constitution-Drafting Process: Lessons from Kenya

Abstract

This Note examines Kenya's recent constitution-writing experience as a case study for designing constitution-drafting processes in emerging democracies. Eight years after Kenya's constitutional review process began, and after a highly acrimonious drafting period, Kenyans roundly defeated a proposed new constitution in a national referendum. This Note describes Kenya's experience and considers six lessons on designing a constitution-drafting process. It then proposes how a constitution-drafting process in a country like Kenya might have been more effectively designed. AUTHOR. Yale Law School, J.D. expected 2007; Harvard University, A.B. 2001. I would like to thank Marie Boyd for her thoughtful editing of this Note, and Molly Beutz, Amy Chua, Makau Mutua, and Katherine Wiltenburg Todrys for their helpful comments. Thanks also to Willy Mutunga and Ronald Sullivan for providing useful background on Kenya's constitutionwriting experience. Finally, thanks to Mom, Dad, Pamela, and Omar for their love and support.