Essay On Constitutionalism In Kenya

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Constitutionalism is a modern concept that requires political order governed by the laws and regulations. It describes the system of government regulated by the supreme law of the land which is the constitution. Constitutionalism is also described a government conducted in accordance with and within the limits set by the constitution. It desires to have political institutions and order in which the powers of the government are limited; it also tells us how political affairs are run in any given country. In its critical sense includes the ideal of nationalism, democracy and limited government and embrace’s the supremacy of the law and not individual or organizations.
Why constitutionalism has not yet been adopted in Kenya?
Kenya has been through
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Constitutionalism embraces free and fair frequent held elections which is also a central feature of democracy. Kenya has been conducting elections since 1990s when a weak multiparty system was introduced, but it was only in 2002 when the opposition parties won the presidential election by the National Rainbow Coalition (NARC) led by Mr. Mwai Kibaki, this election was the most successful election in Kenya since independence but this victory short lived as the collision fall apart. The most prominent politicians of Kibaki’s coalition led by Raila Odinga formed the Orange Democratic movement (ODM). The 2007 general election was the most brutal and bloodiest election held in Kenya to date, many people died and thousands were displaced during the post-election violence that followed the election. Many experts believed that the election was rigged and there was a widespread voter fraud during this election. If there was a strong constitutionalism and rule of law, experts believe that such bloodshed could have been avoided or mitigated at least. The government was condemned by stepping out of the rule of law, by giving the police shoot to kill order. The rule of law requires the government to operate within its vicinity; it embraces the government that does not undermine the supremacy of the constitution. It requires that the organs of the government and people holding public offices operate through the law (Harst,
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