Kenya Constitutional Documents: A Comparative Analysis

This study compares the three constitutional documents that were the subject of debate in Kenya’s constitutional reform process in 2005: (i) the then-present (amended) 1969 constitution; (ii) the 2004 so-called "Bomas Draft" that was prepared by the Constitution of Kenya Review Commission (CKRC); and (iii) the revised draft that the Attorney-General and the Parliamentary Select Committee (PSC) prepared through adjustment of the Bomas Draft. The study focuses on selected issues that were persistently contentious throughout the process: the executive and its relationship to the legislature; devolution; the judiciary; the electoral system; the Bill of Rights; land and property; and minority rights. The authors include some concluding remarks on possible future scenarios.