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The Presidential Powers in the New Constitution

Kenya's first constitution was more a replica of British system of governance and ultimately centralized government power to serve the needs of a small political elite. One of chief aims of the Kenya's 2010 constitution was to reduce the...

Institutional Failure and its Effect on Separation of Powers

In the past of order of things, the president was paramount chief of the land, a patriarch (baba wa taifa) who could neither be challenged substantively by the courts or parliament. His word was law and policy and those...

This is Why the Constitution Matters

  The New Constitution was promulgated on August 27th 2010 and was the culmination of 41 years of protests and lobbying. Kenyans celebrated and the world celebrated with us. We finally had achieved what so much had been sacrificed for....

The New Constitution Offers Citizens Not Only Rights But Also Responsibilities

The New Constitution was promulgated on 27 August 2010. The image that is probably etched on most Kenyans’ minds from this period is the former president, Mwai Kibaki, holding the constitution up with a grin on his face with...

Devolution is the Answer To Marginalisation

Speaking after the passing of the new constitution in 2010, then president Mwai Kibaki said the new constitution would be Kenya’s shield and defender in the strive to conquer poverty, disease and ignorance. The three had been declared as the...

A Revolution That gave Power Back to the People

Wherever a civilization has developed, members of that civilization desire to govern themselves, to create order and more conspicuous the allocation of resources- proverbially referred to as the national cake in this part of the world. When the Romans had...

The Mirage of Constitutional Participation In Kenya

Some commentators have referred to Kenya’s 2010 constitution as the most progressive constitution sub-Saharan Africa has ever seen. Well, that might sound a little bit like a hyperbole but the Kenyan constitution lays the perfect foundation for a constitutional...

The Constitution has been a blessing to Kenya

Kenya’s 2010 Constitution has had a fair share of success in its four years of implementation. It certainly a reality that without the 2007/8 post election violence and the ensuing mediation efforts, Kenyans would still have the old Constitution....

Separation of Powers Principle needs to be cultured

James Madison on the need for the “separation of powers” because “men are not angels,” profoundly stated   “But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer...

The Constitution aptly guarantees human rights

There is an ongoing concern among human rights defenders and lawyers on The Security Laws (Amendment) Bill which is intended to empower the government and security agencies to fight terrorism. There are many glaring concerns on the Bill, like...

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