Kenya, like the rest of Africa, has gone through three sets of constitutional crises. The first related to the trauma of colonialism and struggle for independence. The second a period of constitutional dictatorship and the clamor for reform. The third, most recent crisis, being one of identity, legitimacy and the inability of the state to discharge its functions which has resulted in civil unrest, violent ethnic conflicts, poverty, social exclusion and inequality. The Making of the Constitution of Kenya examines the processes, issues and challenges of constitution making, governance and legitimacy in that country and the lessons that can be learned for others on the continent. Equipping the reader with a sound historical perspective on constitutional developments and the crisis of constitutional legitimacy in Kenya it gives an invaluable insight into the normative and political complexities involved in evolving a truly democratic and widely acceptable constitutional order in Africa.

Background to constitution-making and decolonization -- Pressures for a new constitution : Kenya, 1960-61 -- Majimbo takes center stage -- The battle for Majimbo : Lancaster House II -- Making the constitution, April-December 1962 -- Completing the constitution, December 1962-April 1963 -- The 1963 election and setting a date for independence -- Change the constitution part 1, April-September 1963 -- Change the constitution part 2 : Lancaster House III and Kenya's independence constitution, September-December 1963 -- Constitution-making : Uhuru na Majimbo.

The golden thread that cuts across the various chapters of the book is the emphasis that good constitutions anchor certain tenets that have garnered recognition as hallmarks of democratic dispensation. These hallmarks include the concept of separation of powers; the doctrine of the rule of law; constitutionalism and human rights. These attributes have largely been secured by the 2010 Constitution. Thus, this book is expected to contribute to this new promise by making knowledge on the Constitution accessible through breaking down and contextualising its provisions. It is certain to be useful to law and government students, lawyers, researchers and other persons who seek to understand the new constitutional order.

Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.

Kenya adopted a new Constitution and began the process of devolution in 2010. The new Constitution was the institutional response to longstanding grievances over the centralization of state powers and public sector resources, and regional disparities in service delivery and development outcomes. This radical restructuring of the Kenyan state has three main objectives: decentralizing political power, public sector functions, and public finances; ensuring a more equitable spatial distribution of resources between regions; and promoting more accountable, participatory, and responsive government at all levels. The first elections under the new Constitution were held in 2013. Alongside the national government, 47 new county governments were established. Each county government is made up of a County Executive, headed by an elected Governor and works under the oversight of an elected County Assembly. Seven years after the "devolution train" left the station, this report takes stock of how devolution has affected the delivery of devolved basic services to Kenyan citizens. Whereas devolution was driven by political reform, the ensuing institutions and systems were expected to deliver greater socioeconomic equity through devolved service delivery. The Making Devolution Work for Service Delivery (MDWSD) study is the first major assessment of Kenya’s devolution reform. The study was a jointly coordinated effort by the Government of Kenya and the World Bank. The study provides key messages with respect to what is working, what is not working, and what could work better to enhance service delivery based on the currently available data. It provides an independent assessment of service delivery performance in five sectors, namely health, education, agriculture, urban, and water services and includes an in-depth review of the main pillars of devolved service delivery, namely public financial management, intergovernmental finance, human resource management, politics and accountability.