ABSTRACT
The critical question for the future of constitutionalism in Kenya and Africa in general is therefore no longer whether constitutionalism matters, but what it should take to develop and sustain a popular, democratic and legitimate constitutional order. Constitutional principles are values and procedural standards set out by primary groups involved in negotiating a framework for Constitution-making. In the new constitutional design therefore, the main purpose of the Constitution is not just to consolidate power relations and structures but more importantly, to facilitate national transformation towards a truly democratic, globally competitive, prosperous and just society. Kenya has a history of electoral malpractices since independence with exception of the December 2002 general elections where the incumbent, President Daniel Moi was not seeking office. However, the culture of electoral mismanagement remains one of the greatest challenges to the consolidation of democratic constitutionalism in Kenya under the Constitution 2010.
