Since the passing of the Kenya Constitution 2010, the country has experienced numerous challenges in its implementation and meaningful interpretation. This has caused constitutional crisis, conflicts between the different arms of Government and disillusionment among citizens of the perceived gains in the Constitution.

It is against this backdrop that this conference has been organized to assist the legal community, legislators, judges, civil society, journalists, academics, members of the business community and civil servants to reflect on this subject matter.

The Conference will be officially opened by the Honourable Chief Justice of Kenya, Willy Mutunga on 9th June at 8.30am and will involve presentations on interpretation by judges and academics from overseas and East Africa.

The conference will illuminate experiences from different jurisdictions in shaping the development of and interpretation of transformative constitutions. A transformative constitution is generally understood as one that seeks to make a break with the previous governance system. It aims not only to change the purposes and structures of the State, but also society. It is value laden, going beyond the State, with emphasis on social and sometimes economic change, stipulation of principles which guide the exercise of state power, requiring State organs, particularly the judiciary, to use the constitution as a framework for policies and acts for broader shaping of state and society. They require positive initiatives and legislation by the state, and in cases of failure, courts may instruct them to do so and perhaps elaborate what needs to be done.  There is considerable emphasis on the rule of law, defined not in any technical sense, but signifying a new kind of constitutionalism.

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Editors’ note:

The will be a chance for interviews with the presenters after their presentations.

For an interview or more information please contact Sofia Rajab on [email protected] or +254-20 2044545; +254-20 2106709.

The KHRC is an independent non-governmental organisation (NGO) founded in 1991 and registered in Kenya in 1994. Throughout its existence, the core agenda of the Commission has been campaigning for the entrenchment of a human rights and democratic culture in Kenya. We envision human rights states and societies and outline our mission as to foster human rights, democratic values, human dignity and social justice.