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date: 30 November 2021

Abstract and Keywords

The notion of a constitutional order is broader than the text of a constitution and includes the norms of international and regional laws. In turn, constitutionalism refers to an adherence to that order and to a system in which power belongs to state offices, rather than to individuals. As such, constitutionalism is a source of power, but it also sets limits on power. This chapter analyses the struggle for constitutional reform and constitutionalism from the 1990s to the introduction of the 2010 Constitution. The chapter then turns to the Constitution’s promise of constitutionalism, to the challenges faced, and to the progress that has nevertheless been made, in large part, due to a clear timetable and more independent judiciary. The chapter concludes that without full implementation of the letter and spirit of the 2010 Constitution, the transformation of Kenya into a constitutional and democratic state is far from assured.

Keywords: constitution, constitutionalism, power, reform, law, judiciary

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