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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The erosion of constitutionalism and underdevelopment: the Kenyan experience
Author:Mudida, R.
Year:2009
Periodical:Eastern Africa Law Review (ISSN 0012-8678)
Volume:35-40
Pages:1-23
Language:English
Geographic term:Kenya
Subjects:constitutionalism
constitutions
authoritarianism
underdevelopment
Abstract:This paper aims at establishing the linkages between the erosion of constitutionalism and underdevelopment in Kenya. Since independence in 1963, constitutionalism in Kenya has been gradually eroded. This erosion has become manifest in 38 constitutional amendments since independence, most of which resulted in a greater concentration of power in the executive branch of government. The existing Constitution has ceased to secure the economic and social rights of the members of society and has, therefore, become a major source of Kenya's underdevelopment. The broader constitutional context of African States provides further insight into the Kenyan constitutional experience. The linkages between the erosion of constitutionalism and underdevelopment reinforce the case for urgent constitutional change in Kenya. Such reform should address the fundamental issues that motivated the push for an overhaul of the Constitution in the 1990s, including a more adequate provision of basic needs to Kenyan society, and also addressing the historical marginalization of certain communities. Ref. [ASC Leiden abstract]
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