Kenya is located in East Africa and lies between a longitude of 34 degrees and 42 degrees east and latitude of 4 degrees north and 4 degrees south. It covers an area of approximately 586,646 sq.km. and is bordered by Ethiopia and Sudan to the north, Somalia and the Indian Ocean to the east, Uganda to the west, and Tanzania to the south.

Governmentally, Kenya is divided into eight provinces. Smaller administrative units are called districts, followed by divisions, locations, sub-locations, and villages. There are currently 53 districts in the country, in addition to Nairobi, which is the capital. Topography, altitude, and precipitation determine the climate throughout the country. Most of the northern and eastern parts of the country are semi-arid, and less than one third of the country is arable.

Kenya achieved independence in 1963 after bitter and protracted struggle during which the indigenous people regained self-determination and control of their destiny from the British colonial rulers. Since then the country has enjoyed a see-saw political environment.

Until 1991, when, with the repeal of the Section 2(a) clause of the national Constitution, the country was able to move to multi-party government, Kenya had been governed, de jure, under a one party system that was prone to much abuse. Multi-party government brought in a number of opposition partiesÑsome serious, others of questionable motivation.

Political Atmosphere
At present, President Moio's government continues to have a centralized structure, which is maintained by internal security, which includes the police, para-military units, and security intelligence apparatus. The KANU government continues to apply strong-arm tactics to bully opposition members to defect. The security forces continue to harass opposition politicians, journalists, etc., especially those individuals and groups opposed to human right abuses and the misuse of political power.

Constitutional Review
When the question of change of constitution was raised, most Kenyans asked themselves, "What kind of constitution do we want?" and also, "What kind of Kenya do we want?" It is an irrefutable fact that a good constitution is the basis for the successful development of a nation on all levels. Therefore, when we talk of development, let us look at the kind of constitution Kenyans need. The new constitution should be designed to deal with the nationÕs major issuesÑsuch as health care delivery, provision of education, environmental protection (especially our forests), the suppression of banditry, and protection of land rights.

A new constitution must also address serious gaps or abuses in the protections of the present constitution: detention without trial; curtailment of freedom of assembly; corporal punishment (flogging); and imprisonment for civil debt.

• The law of preventive detention without trial is curse to all that love personal liberty. Yet thirty five years after independence, Kenya has on its statute book such a law, under the euphemism of 'preservation' of the Public Security Act. Such a law makes deep inroads into basic human freedoms. Those who abide in the rule of law and sanctity of personal liberty cannot reconcile themselves with a law, which can detain people for long periods without trial.
• On freedom of assembly, there is need to emphasize that in an open democratic society, parks, football fields, markets, and other public places are important sites for public discussions and the political process. They are public forums that citizens can use. Sadly, this is not presently the case; a clear police-state situation exists in this area. Kenyans will not be able to participate fully in the constitutional debate if they cannot be allowed to meet freely and express their views openly.
• Flogging or corporal punishment is a barbaric legacy from the colonialists. It was used to punish 'errant natives' This degrading and cruel form of punishment should be removed.
  The envisaged constitution should embrace the dreams of the Kenyan people who should own it. It should correct past imbalances. The immense powers wielded by the President should be curtailed. Special committees comprising Members of Parliament should vet appointments to senior government positions.

Most people in Kenya are not aware of the ideas that would be included in a Bill of Rights. These rights should incorporate economic, social, and cultural rights, since they are inseparable from civil and political rights.

• The question of land needs to be addressed. What we want in Kenya is a comprehensive agrarian reform.
• As for gender parity, the present constitution should be expunged of any form of discrimination, including matters of personal law.
• The rights of the child have not been well spelt out. Children will be, potentially, key figures in households, communities, and society at large. They need special care and protection. Their opinions and resourcefulness have in the past been ignored in addressing issues affecting their lives. Children need to be protected from harm. Their basic needs such as education and nutrition need to be met.

Format and Direction.
The Constitution of Kenya Review Commission (Amendment) Act 1998, is now part of the law of Kenya. It provides for a just, legal framework for constitutional reform. The purpose of the statute is to facilitate the comprehensive review of the constitution by the people of Kenya. And it provides for the establishment of a viable commission, for District Constitutional Forums, and for the National Constitutional Consultative Forum. The act is comprehensive and strongly worded. Section 2A of the Principal Act states the objectives and purpose of the review as guaranteeing, among otherthings, the peace, national unity, and integrity of the Republic of Kenya, and the establishment of a free and democratic system of government that enhances good governance, constitutionalism, the rule of law, human rights, and gender equality. And it ensures providing for the basic needs of all Kenyans through the establishment of an equitable framework for economic growth, and equitable access to national resources.

The Future?
What lies ahead depends very much on the peopleÕs creativity, honesty, and courage towards the creation of an open society. Throughout the history of the Western political thought, one of the main issues has been the problem of controlling governmental power. Although this power is essential to the realization of certain values in society, such as justice, liberty, and equality before the law, governmental power, no matter how democratically based, should be controlled. This constitutional government of a state is in accordance with well-defined principles and rules, distinct from autocratic, dictatorial, or arbitrary government.

One last point which should not be ignored. The constitutional change in Kenya will have to be reformist.

A Ugandan scholar Prof. M. Mamdani says:

A struggle that aims for demoralization of the political life of the majority of society must simultaneously aim to create the pre-requisite for such reform. This pre-requisite is an end to the regime of extra-economic coercion that stifles the peasantry. This is nothing short of demand for a transformation in production relations.

Furthermore, no such change can be effected without democratization of local as well as central state organs. This means at minimum a thorough-going reform of local government, local judiciary and local land allocation control boards.

This is the challenge that Kenyans face. The myth that constitution-making belongs to lawyers only must be eradicated. The role of the Anglican Church will be to see that KenyaÕs Anglicans look at the constitution and identify particular provisions as theirs. Christians should participate in the review process, whatever their level of education or their standing in society. Now is the time for change.