After a constitutional amendment in 1992 ended one-party rule and introduced presidential term limits, Kenya had two full-blown constitution-making processes in relatively quick succession: the first ran from 2000 – 2005, ending when a draft constitution was rejected in a referendum; the second, from 2008 – 2010, “succeeded” in August 2010 when Kenya adopted a new constitution. The second process was designed with hindsight – the politicians who devised it consciously sought to avoid the problems that had beset its predecessor. The adoption of a new constitution in 2010 has not led to constitutional stability, however, and reform proposals continue to be debated. The chapter also reflects on the role of a foreign member of the Committee of Experts charged with the drafting of the initial text.
