Constitutionalism in Africa: a Comparative Study of Kenya and Somalia, 2004 - 2012

Abstract

The overall objective of the study is to examine the concept of constitutionalism in Africa; with a comparative study on developments in Kenya and Somalia. More specifically, the study aims to examine the constitutional-making processes in Kenya and Somalia; analyze the challenges faced in the constitution development processes in Kenya and Somalia and explore measures to deal with the challenges of implementation in both countries. The study critically reviewed and analyzed secondary data. This data was obtained from published and unpublished material, journals, academic papers and periodicals. The study was also based on analysis of reports by international governmental and non-governmental organizations. Critical theories of constitutionalism characterize a serious difficulty not only to conventional theories and customary processes of constitutional explanation, but to the very initiative of constitutionalism itself: the point that government can and should be restricted in ways that serve to defend subjects from unjustifiable state authority. The study contends that constitutionalism requires adherence to the rule of law, protection of human rights and imposing limits on powers of the incumbent government