The Development of Constitutionalism and Its impact in Kenya from Independence to date; A case study of Uasin Gishu County.
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Date
2013-07
Authors
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Publisher
Kampala International University, School of law.
Abstract
The study was geared towards the Constitutional process experienced in Kenya since it
gained her independence in 12th December, 1963 to its present form.
Kenya had a Constitution in place from the time it gained her independence; this
independent Constitution provided among others people's rights. Despite this, the study
will prove that the loopholes in that Constitution, led to gross violation of people's right
over the years, for instance the independent Constitution gave the executive immense
powers. The executive used such powers to amend the Constitution and enact laws at
the expense of the citizens, hence necessitating the need for this study.
The purpose of this study is to show the needs that propelled Constitutional reforms in
Kenya and the stages through which Constitutional growth has gone through to achieve
a democratic society governed on the principles of Constitutionalism and the rule of law
in Kenya.
According to the findings the main reasons for lack of Constitutionalism in Kenya can be
attributed to excessive powers enjoyed by the executive, corruption, the land issue,
weak laws and poor implementation mechanisms.
Finally, recommendations to the foregoing root causes of unconstitutional history in
Kenya is reduction of powers enjoyed by the executive, more powers should be given to
the Kenya Ant-Corruption body to adequately deal with corruption and respect of the
principle of separation of powers.
Description
A research project submitted to the School of Law in Partial
Fulfillment of the Requirements for the Award of the
Degree of Bachelor Laws of Kampala
International University.
Keywords
Constitutionalism, Development, Impact, Kenya, Independence