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The People of Kenya

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Kenya is a democratic country, where people are allowed to hold peaceful protests.

The government of Kenya has ensured the peace, stability and development of the country, enabling the people to engage purposefully in commercial activities.

 
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The Office of the President

Government Structures

Kenya has been a parliamentary democracy since independence in 1963. Our structure of government closely resembles that of Britain.

Government in Kenya is composed of three arms: the Executive, the Legislature (Parliament) and the Judiciary (the Courts System). The Head of State has overall executive responsibility over the government and is elected through a popular vote held every five years.

The current Head of State is President Mwai Kibaki, elected in December 2002 as a candidate of the National Rainbow Coalition (NARC), an amalgamation of at least 17 political parties.

The arms of government:

• The Executive
• The Legislature
• The Judiciary

THE EXECUTIVE ARM OF GOVERNMENT
The Executive is under the direct supervision of the President and its function in government is to implement government policy in accordance with Acts of Parliament, to maintain law and order and to preserve the nation’s territorial integrity. The Executive is, in addition, responsible for managing the economy through sound fiscal measures and as instructed by the legislature.

The security forces (army, navy, airforce, police) are under the direct supervision of the Executive branch of government. The Executive is represented countrywide by the Provincial Administration structure consisting of Provincial Commissioners, District Commissioners and drilling down to the village level with Chiefs and Assistant Chiefs. The role of the Provincial administration is, as the name suggests, to administer the country by maintaining law and order, running government offices, coordinating development projects initiated by local people and non-governmental organizations.

Kenya’s President has powers to appoint cabinet ministers, civil servants, military officers, judicial office holders and other public officials. The President can dissolve or prorogue Parliament, call elections or declare war.  
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THE LEGISLATURE
Consists of a single chamber Parliament, currently constituted by 222 Members of Parliament (MP’s). The President sits in Parliament by virtue of being an elected MP. The Attorney General (AG) is also a Member of Parliament in an ex-officio capacity. Kenyan MP’s represent a number of registered political parties. There are over 42 political parties though less than half managed to get representatives elected to Parliament.

Kenya's parliament has no provision for special interest groups (women, professionals, military, youth, religion) though the political parties are encouraged to consider such interests during their nominations.

The role of Parliament is to debate matters of government and to pass bills for the onward approval of the President. The President has powers to veto a bill and return it to the Legislature with recommended modifications. Once approved and signed by the President, a bill becomes an Act of Parliament and is legally binding as a law.

MP’s also bring to the House development and security matters affecting their individual constituencies. The National Budget has to be presented before Parliament annually for debate before the Ministry of Finance implements it.
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THE JUDICIARY
Kenya’s Judiciary is headed by the Chief Justice, while the highest Court is the Court of Appeal, of which the Chief Justice must have served as a Judge. Below the Court of Appeal come the High Courts, Senior Magistrates Courts and District Courts, not necessarily in that order. The function of the Judiciary is to hear to criminal and civil cases throughout the Republic. The Judiciary can influence the workings of the Executive and Legislature through its rulings.   
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Constitutional Reforms:
The current Constitution of Kenya was drawn up in Lancaster House, London, in 1963. It was an independence and transition Constitution that has served its purpose reasonably effectively.

The Kenyan people feel the need for a new Constitution that reflects their aspirations and which can complement the nation’s drive towards a better future. To this end a constitutional review process is on track, with a draft constitution having been completed and under debate. The Draft Constitution proposes the devolution of powers from the Government to local authorities, such as town municipalities and district councils. It envisages the creation of more parliamentary constituencies and greater representation of women and minorities in all state institutions.

Debate over the proposed constitution has resulted in a deadlock. The process has been over-politicized to the extent where politicians proposes amendments that are seen to be beneficial to their own political parties - and their individual ambitions for high office.

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