MOUNT KENYA UNIVERSITY
BEATRICE J. OLUOCH
QUESTION:DISCUSS THE DEVELOPMENT IN THE NEW CONSTITUION
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution.
Modern Kenya's constitutional history and development, like that of all former British colonies can be traced back to the Lancaster House Conferences designed by the British Empire to prepare its colonies for independence between 1953 and 1979. The constitutional histories and development of most of these countries can be conveniently divided into three different phases: the independence or decolonization period, the post independence or one-party state period and finally, the post Cold War multi-party state period.
Constitution making in Kenya began during the colonial days and was inherently linked to the policies and activities of the British Colonial Office. Under the framework of the Lancaster House Conferences, three key meetings or constitutional conferences marked Kenya's constitutional development during this period. The first meeting in 1960, resulted in an interim constitution that failed to grant any substantial autonomy to Kenya. The second conference in 1962 negotiated a framework for self government while the third and final conference in 1963 resulted in the drafting and adoption of Kenya's first independent Constitution by the British Parliament.
The 1963 constitution, which was negotiated between the British government and representatives of Kenya's political parties, marked the end of colonial rule and transformed the colony...