Power, Prejudice and Transitional Constitution-Making in Kenya: The Gender of Law and Religious Politics in Reproductive Choice

Abstract

Kenya has borne memories and scars of colonial hegemonies, repressive and kleptocratic post-independence regimes, and bitter ethnic politicization of inequality, poverty, land issues and exclusion resulting in intermittent strife and volatile politics. Concomitantly, efforts to constitutionally reform and uphold rights and freedoms, especially for more vulnerable groups such as women, have been undertaken unsuccessfully. The 2007 post-election violence created the ultimate conditions for undertaking transitional justice, including reviving a constitutional process that was inclusive, enhanced equality and was effective for achieving sustainable peace, stability and justice in Kenya. Such conditions also allowed Kenya’s strong and very vocal human and women’s rights movements to negotiate aspects critical to their causes and play an important role in the successful 2010 constitutional referendum.