ABSTRACT
This chapter explores the post-Cold War neoliberal context of the struggle for democratic reforms and the attendant constitutional amendments in Kenya. In formulating Kenya's constitutional reconstruction agenda, all the parties including political parties and civil society movements supported by Western Governments and international organizations appeared to agree on four key points for a reform agenda. First was that the new constitutional design aligned with the universally accepted values of democratic governance and constitutionalism. Second was that the democratic reforms and constitution making processes be pursued within the framework of public participation, peace, national unity and respect of ethnic, cultural and religious diversity. Third, the new constitutional design incorporated a democratic governance system responsive to the wishes, needs and aspirations of the people of Kenya; and finally, the reform agenda included policy changes in both legal and political parameters that directly affect the workings of the free market economy.
