Democratic participation, constitutions and the making of citizens: lessons from Kenya and Tanzania

How are citizens made? Who and what makes a citizen? Citizens are a defining element of a democracy, but does democracy define and create citizens? Does a higher degree of democratisation in constitution-making processes always lead to more inclusive citizenship outcomes? This article grapples with these questions demonstrating how persons have come to be included and excluded from citizenship through constitution-making processes of varying democratic credentials. In most African states, the concept of ‘citizen’ came into usage at the time of independence. Using Kenya and Tanzania as case studies, this article illustrates how the independence constitution-making processes and negotiations critically shaped each country's emergent citizenship regime. How citizenship was determined then, who was included or excluded, and the rules for determining these matters continue to be relevant and influential in current citizenship laws and practices. This article examines the processes of constitution-making in both countries from independence to present, analysing the degree of public participation, as one of the hallmarks of democracy, and the effect such participation or lack thereof has had on a country's citizenship laws and practices of inclusion and exclusion. Ultimately, it questions if democratic participation in constitution-making always results in more inclusionary citizenship regimes.