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Maurer School of Law: Indiana University
Indiana Journal of Constitutional Design
Implementation; kenya; implementation mechanism; commission; constitution
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An Alternative Constitutional Implementation Mechanism? A Case Study Of Kenya’S Commission For The Implementation Of The Constitution., Siyu Li
Indiana Journal of Constitutional Design
This Paper analyzes the independent implementation commission of Kenya and its work in facilitating the implementation process of the 2010 Kenyan Constitution, and further evaluates the effectiveness of such implementation mechanism. The case study of the Kenyan Constitution implementation shows that an independent implementation commission established by the constitution can have substantially positive impact over the implementation process. To design a successful commission, it is crucial to ensure its institutional independence, legal and enforcement power, and collaboration with civil society.