Devolution of Power as Constitutionalism : The Constitutional Debate in Kenya and Beyond

Devolution of power has long been a subject of interest to many. But in recent years, devolution has become one of the most highly contested, even divisive concepts in Kenya. While devolution has been advanced as a means of managing Kenya’s ethnic diversity and the failures of the centralized State, it is surprising that there is no agreement on how to devolve power. Even more surprising is the contestation over the advantages and pitfalls of devolution. Of the different shades of the debate, no genre has attracted as much interest, if not fear, as majimboism. With the ensuing resumption in the constitution making process, there is no doubt that another round of debate on devolution is in waiting. Yet again, contested discourses will revolve around the structure, spheres, and form of devolution of power. But is devolution a panacea to Kenya’s problems? Is the clamour for devolution a mere search for new institutions or means of democratic constitutionalism? What are the irreducible normative elements which devolution of power should entail? Should the primary concern of devolution be the transfer of power to territorial units, or a means of constitutional development and democratic constitutionalism? This chapter reviews these issues