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Title:Entrenching the right to participate in government in Kenya's constitutional order: some viable lessons from the African Charter on Human and Peoples' Rights
Author:Mbondenyi, Morris KiwindaISNI
Year:2011
Periodical:Journal of African Law (ISSN 0021-8553)
Volume:55
Issue:1
Pages:30-58
Language:English
Geographic term:Kenya
Subjects:African Charter on Human and Peoples' Rights
political participation
legal systems
Abstract:A practice of frequent constitutional amendments started shortly after Kenya attained its independence in 1963. Consequently, Kenya has witnessed a confusion of systems of governance, ranging from single-party autocracy to virtual multi-party democracy, which have served to endorse the chronic condition of human rights violations in the country. In the process of such experimentation, Kenyans have unabatedly been denied the enjoyment of many of their fundamental rights and freedoms, including the right to participate in their government. This article analyses Kenya's constitutional order with the intention of highlighting the extent to which the country's citizens have been denied the right to participate in their government. Drawing inspiration from the African Charter on Human and Peoples' Rights, the article recommends ways in which this right could be entrenched in the country's constitutional order. Notes, ref., sum. [Journal abstract]
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