Kenya Constitutional Documents: A Comparative Analysis

Abstract

This study compares the three constitutional documents listed below that were the subject of debate in Kenya's constitutional reform process in 2005: 1. The Constitution of Kenya (the present constitution with amendments that has been in existence since 1969); 2. The Draft Constitution of Kenya, 2004 - the so-called Bomas Draft that was prepared by the Constitution of Kenya Review Commission (CKRC) and endorsed by the National Constitution Conference held at the Bomas of Kenya, hence the term 'Bomas Draft'; 3. The Proposed New Constitution of Kenya - the draft that the Attorney-General and the Parliamentary Select Committee on Constitution Review prepared through adjustment of the Bomas Draft after the meetings at Naivasha (the Naivasha Accord) and Kilifi (the Kilifi Accord). The Proposed New Constitution of Kenya is informally referred to as the 'Wako Bill' with reference to its principal author, the Kenyan Attorney-General, Amos Wako. In conclusion, we also project a number of scenarios as to the future of constitution-making in Kenya in view of the rejection by the people of the Wako Bill in the referendum held on 21 November 2005, and the subsequent dissolution of the Cabinet and the prorogation of Parliament, as well as the formation of a new Cabinet.