The Evaluation of the executive considering the achievement of transformative constitutionalism in Kenya
Tazita, Emily Wani
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This paper is a study of the concept of transformative constitutionalism; an idea developed by the American scholar Karl Klare with the basis of his study in South Africa. This study will engage with various scholars on their views of transformative constitutionalism established in Karl Klare’s paper ‘Legal Culture and Transformative Constitutionalism’. The paper seeks to explore whether the executive can achieve transformative constitutionalism in Kenya with reference the executive abuse of power in Kenya. Previously, the executive had been given enormous power which was mismanaged leading to various human rights abuses. This paper will expound on the overfocus of the judiciary as an agent of transformative constitutionalism and continue to discuss the possibilities ignored by this overfocus.