The Yale Law Journal

VOLUME
116
2006-2007
NUMBER
8
June 2007
1636-1893
Note

Designing a Constitution-Drafting Process: Lessons from Kenya

Alicia L. Bannon

This Note examines Kenya’s recent constitution-writing experience as a case study for designing constitution-drafting processes in emerging democracies. Eight years after Kenya’s constitutional review process began, and after a highly acrimonious drafting period, Kenyans roundly defeated a proposed new constitution in a national referendum. This Note describes Kenya’s experience and considers six lessons on designing a constitution-drafting process. It then proposes how a constitution-drafting process in a country like Kenya might have been more effectively designed.

116 Yale L.J. 1824 (2007).