Early two years ago,the Kenyan Constitutional instrument started the process of an entire reconstruction to come up with a radically different document. The main aim was to rectify those aspects of governance which 35 years of experience had shown to be unsatisfactory.....personalization of political power, indifference to the rule of law,mass infringement of rights guaranteed by the constitution itself.....There definately was something wrong with our bill of rights,our judicial system and our presidency. The constitution review commision was set up. The popular opinion was supposed to guide the commission in the fomulation of a draft constitution.Two years down the line,we have a draft constitution after a real tussle, but the process still continues to be bogged down by key issues of contention.
Most developing countries lack social homogenity.....a united people, politically aware of and knowledgable of its rights.Kenya flows suit.
The factor of one people passing judgement on crucial governance options is in short supply.Consequently, critical issues in the making of the draft constitution do not exactly reflect what the people want.It is a reflection of the interests of elite groups who brought it about!