This Discussion Paper analyses the constitution-building process that took place between 2008 and 2010 in Kenya, particularly the role and involvement of the African Union (AU), including its Peace and Security Council (PSC) and the AU Commission.
The analysis begins with the 2005 African Peer Review Mechanism’s (APRM) monitoring mission in Kenya, and traces the journey of Kenya’s constitution from the 2005 referendum through the 2007–08 post-election violence and the resulting AU Dialogue and Reconciliation process.
The paper also examines the role of non-Kenyan experts in the constitution-building process, and whether future processes should have similar frameworks. It assesses the AU mediation team’s role after drafting the constitution, and how the team fit within Kenya’s new legal and power structure. The main questions are when the AU team ended its facilitation role in Kenya, and whether or not it truly represented the voice of the AU. The paper also explores whether, when and how the AU should take part in constitution-building processes.
AU legal and policy framework for intervening in conflict situations
The mediation process following the post-election violence
Conclusion and policy recommendations