Constitutional government and human rights in Kenya

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Periodical article

Title:	Constitutional government and human rights in Kenya
Author:	Muigai, Githu
Year:	1990
Periodical:	Lesotho Law Journal: A Journal of Law and Development
Volume:	6
Issue:	1
Pages:	107-135
Language:	English
Geographic term:	Kenya
Subjects:	constitutions human rights
Abstract:	This article outlines Kenya's constitutional process after independence. It examines how the colonial legacy affected constitutional law and what the implications are for theory. After an introductory chapter on colonial politics in Kenya before independence and a short description of the colonial judiciary and human rights, the paper gives an outline of the constitutional conferences held between 1960 and 1963. After independence in 1963 a number of constitutional reforms were implemented. The first (1963-1965) concerned changes in the administrative structure. Amendments enacted between 1966 and 1969 aimed at tightening the executive's grip on parliament. The constitutional amendments of the 1970s were minor, although the way they were handled was significant. The most radical and fundamental change (the 20th amendment) took place in 1982 when Kenya became a 'de jure' one-party State. The most recent (25th) amendment of 1988 was extremely controversial. It removed the security of tenure for judges of the High Court and the Court of Appeal. Now the entire judiciary holds office at the pleasure of the President, thereby breaching the doctrine of the separation of judicial and executive power. Notes, ref.