ABSTRACT

The Constitution of Kenya Review Act, Cap 3A set out one of the most elaborate frameworks for conducting a participatory constitution making process in Kenya's constitutional history. The Review Act outlined a clear sequence of constitution making activities and the timeframe for achieving the intended outcomes. This chapter examines the processes and challenges of the Constitution of Kenya review process from 1997 to 2007. From the Inter Party Parliamentary Group (IPPG) negotiations of 1997, it was clear that the key stakeholders had in principle agreed to undertake a comprehensive review of the Constitution of Kenya. But the negotiations on the framework for the comprehensive review went on for a period of four years between 1997 and 2001. The failure of the review process was to a large extent due to lack of reform-minded leadership and institutional capacity to facilitate democratic constitutional transformation.