Constitutions and the Dialectics of Human Rights in Malawi and Kenya

Eunice N. Sahle is an associate professor with a joint appointment in the Department of African, African American, and Diaspora Studies and the Curriculum in Global Studies at the University of North Carolina at Chapel Hill. She has published widely, particularly in the areas of human rights, the political economy of development, global governance, constitutionalism, and transitional justice. She is the author or editor of several books, including Globalization and Socio-Cultural Processes in Contemporary Africa; Democracy, Constitutionalism, and Politics in Africa: Historical Contexts, Developments, and Dilemmas; and Human Rights in Africa: Contemporary Debates and Struggles.

• List of Illustrations Introduction Part I. Conceptual Debates, Contextualizing Constitutional Developments, and Human Rights Promotion Chapter 1. Theoretical Underpinnings Chapter 2. Constitutional Developments and Human Rights in Malawi and Kenya: A Historical Lens Chapter 3. Reconfiguring the Dynamics of Human Rights Promotion: Malawi and Kenya Part II. Intrastate and Social Accountability Practices Chapter 4. Malawi’s Office of the Ombudsperson: Human Rights and Transitional Justice Chapter 5. Kenyan Courts and the Rights to Public Participation and Basic Education Chapter 6. Against Neo-Authoritarianism: The Right to Academic Freedom in Malawi Part III. Addressing Inequities Chapter 7. “We Finally Became Citizens”: New State Spaces and the Right to Health in Kenya Chapter 8. WLSA-Malawi: Knowledge Production, Lawmaking, and Women’s Rights Chapter 9. Land Rights, Opportunity Structures, and Kenya Land Alliance’s Advocacy Conclusion Acknowledgments Notes References Index

“A deeply original and important book, offering nuanced and insightful analyses of human rights promotion in Malawi and Kenya. A must-read for anyone interested in constitutional development and the implications for human rights protection.” - Willy Mutunga, Kabarak Law School, and former Chief Justice and President, Supreme Court of Kenya “This book is a welcome contribution to the increasing public awareness of the nexus between human rights and constitution(alism). Its intriguing insights, unsettling relevance, and exceptional lucidity make it one of the most significant works on constitutions and constitutionalism in contemporary Africa.” - Joseph Mensah, York University, Toronto, Canada