The Phenomenon of Unconstitutional Changes of Government in Kenya and Africa

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1. Introduction
Unconstitutional changes of government, wherever they occur, pose a serious threat to the democratic stability of a state. Inversely, the failure to strengthen democracy in a country often results in unconstitutional changes of government. That has been the scenario painted in most countries across Africa. The African Charter on Democracy, Elections and Governance (ACDEG) has very well described unconstitutional changes of government as the prime cause of insecurity, instability and violent conflicts in Africa .
The catalytic factors which brought this phenomenon to life in Africa are imprinted in the history of African states. Following the attainment of political independence by many African countries in the 1960s, there were expectations that Africa would develop and achieve political and economic stability. The exhilaration that independence brought had barely settled when the hope for these expectations started to fade. Since their existence as independent states most African countries have grappled with visionless leadership from authoritarian regimes, characterised by flagrant abuse of democratic values, fundamental human rights, the rule of law, equality and political legitimacy. As a result, citizens have been exposed to pitiable conditions brought into being by rising poverty which eventually leads to a cycle of armed ethnic conflicts and civil wars among other crises .
Between 1961 and 1997, it is estimated that Africa experienced 78 unconstitutional changes of government . A comparative study by Posner and Young in The institutionalization of Political Power in Africa , whose sample included 227 leaders from 46 sub-Saharan African countries, found that “nearly three-quarters of African leaders who left...

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...5) of the Rules of Procedure of the Assembly of the African Union
Article 23 (2) of the Constitutive Act and Rule 37 (5) of Rules of Procedure of the Assembly of the African Union
Rule 36 of Rules of Procedure of the Assembly of the African Union
Article 7 (g) of the Protocol Relating to the Establishment of the Peace and Security Council of the African Union
Stef Vandeginste (2011) “The African Union, constitutionalism and power-sharing” Working Paper/ 2011.05, Institute of Development Policy and Management University of Antwerp, Belgium.
AU Assembly Decision of 2 February 2010
Katia Papagianni , “Power-Sharing: A Conflict Resolution Tool?” Centre for Humanitarian Dialogue,
Africa Mediators’ Retreat, 2009 at http://www.hdcentre.org/uploads/tx_news/110PowerSharing-Aconfilctresolutiontool.pdf. (accessed 30/3/14)
Article 249 of the Constitution of Kenya.

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