Browsing by Author "Onyango, Alosa Samson"

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    Making of an autochthonous constitution for the 21st century Kenya balancing legislative power with a referendum
    (University of Dar es Salaam, 2006) Onyango, Alosa Samson
    This study surveys the process taken by Kenya to enact an autochthonous constitution. It seeks to put a case for the balancing of legislative power with a referendum in the process of constitution making. Parliament lacks the power or the mandate to review the constitution without the people’s express mandate. The constituent power of the people is derived from their sovereignty, and this power does extend to power to constitute and /or to reconstitute their framework of government. The study would therefore argue that this power is a fundamental right vested in the people and cannot be delegated to the legislature. This work in divided into seven chapters, Chapter one consists of the general introduction, and theoretical background of this study, statement of research problem, objective of the study, the hypotheses, literature review on the topic of this research and the methods, which were employed in the conduct of this study. Chapter two focuses on the constitutional development in Kenya since independence, while Chapter three contains the various amendments that were carried out over time in the Kenyan constitution. The concept of the referendum, its application in Africa and in the making of a constitution will form the basis of chapter four. Chapter focuses on the Kenyan perspective of the referendum with a case being put for the enshrinement of the devise in the constitution. The process of making an autochthonous constitution for Kenya will form the basis of chapter six. Lastly chapter seven would consist of recommendation and conclusion to the study.