ABSTRACT

From the stakeholder deliberations on the completion of the constitution review process and the political events leading to the 2007 general elections, it was increasingly becoming clear that Kenya's attempt at constitution making during peacetime was unlikely to yield positive results. This chapter examines the cataclysm of constitutional change and the steps towards the completion of the Constitution of Kenya review process following the post 2007 election violence and constitutional crisis. As an immediate solution to the post elections constitutional crisis, the Parties to the Kenya National Dialogue and Reconciliation Framework (KNDR) agreed on the need to complete the Constitution of Kenya review process within 12 months. The Constitution of Kenya Review Act 2008 established five key organs to complete the comprehensive review of the constitution. These included the Committee of Experts (CoE); the Parliamentary Select Committee (PSC) on the Constitution Review; the National Assembly; the Reference Group; the Referendum; and the Interim Independent Constitutional Dispute Resolution Court (IICDRC).