It’s at a tall order for anyone to fully grasp the complete import of a new constitutional dispensation. That’s because a constitution is a complex document replete with an internal dynamic logic of its own.
Not even the framers fully comprehend their handwork, let alone predict with certainty how it will be implemented in practice. Or how it will evolve. Or how the courts — and various stakeholders — will interpret it. Some 240 years later, the US Constitution — the oldest such document — is still being contested, and reinterpreted. That’s why we shouldn’t be surprised that the 2010 Kenyan Constitution — barely six years old — is flummoxing everyone. Welcome to constitutional law.