THE GOVERNMENT OF KENYA

Kenya is a sovereign Republic with a multi-party democratic system of government founded on the national values and principles of governance as enumerated in the Constitution of Kenya.
These are:
  • Patriotism, national unity, sharing and devolution of power, the rule of law, democracy and
    participation of the people.
  • Human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination.
    and protection of the marginalized.
  • Good governance, integrity, transparency and accountability.
  • Sustainable development.

There are two levels of Government, national and county government levels. These governments are distinct and inter-dependent and conduct their mutual relations on the basis of consultations and cooperation.

The territory of Kenya is divided into 47 Counties. These Counties are: Mombasa, Kwale, Kilifi, Tana River, Lamu, Taita/Taveta, Garissa, Wajir, Mandera, Marsabit, Isiolo, Meru, Tharaka-Nithi, Embu, Kitui, Machakos, Makueni, Nyandarua, Nyeri, Kirinyaga, Murang’a, Kiambu, Turkana, West Pokot, Samburu, Trans Nzoia, Uasin Gishu, Elgeyo/Marakwet, Nandi, Baringo, Laikipia, Nakuru, Narok, Kajiado, Kericho, Bomet, Kakamega, Vihiga, Bungoma, Busia, Siaya, Kisumu, Homa Bay, Migori, Kisii, Nyamira and Nairobi City.

The Counties are further divided into administrative areas called Constituencies. Presently, there are 290 Constituencies. This changed recently in 2012 after the additional 80 Constituencies were created under the new Constitutional dispensation.

National Symbols and National Holidays

The national symbols of the Republic of Kenya are:

  • The National Flag
  • The National Anthem
  • The Coat of Arms
  • The Public Seal
The National Days (which are also Public Holidays) of the Republic of Kenya are:
  • Madaraka Day, observed on 1st June
  • Mashujaa Day, observed on 20th October
  • Jamhuri Day observed on 12th December

(Note: Under Kenya’s Constitution, a National Day shall be a public holiday. The Parliament of Kenya may enact legislation to prescribe other public holidays, and observance of public holidays).

 

Arms of the Government of Kenya

The Government of Kenya is divided into three (3) arms. These are:

 

THE EXECUTIVE

The National Executive of the Republic comprises of the President, the Deputy-President, the Attorney General and the Cabinet Secretaries. The President is the Head of State and Government; he exercises the executive authority of the Republic with the assistance of the Deputy President and Cabinet Secretaries. He is the Commander-in-Chief of the Kenya Defense Forces and the symbol of national unity.

The Deputy President is the principal assistant to the President, and shall deputize the President in the execution of the President’s functions. The President shall nominate and, with the approval of the National Assembly, appoint Cabinet Secretaries. A Cabinet Secretary shall not be a Member of Parliament. The President is elected directly for a 5-year term. In order to win, a candidate must garner 50% plus 1 votes and 25% in half of 47 counties.

Presidential Elections
For a candidate to be declared elected as President of Kenya, he should be the only nominated candidate for the Presidency. If two or more candidates for President are nominated, an election shall be held in each of the 290 constituencies. The winning Presidential candidate should receive more than half of all votes cast in a national election and at least 25 % of the votes cast in each of more than half of the Counties that is, 24 Counties.
If no candidate is elected, a fresh election is to be held within 30 days after the previous election. Only candidates who received the greatest number of votes and the next candidate with the second greatest votes compete. The candidate with the greatest votes is declared the winner after the run-off election.
The Cabinet: Consists of the President, Deputy President, the Attorney General and not fewer than 14 and not more than 24 Cabinet Secretaries (Ministers).

Devolved Government

Under the New Constitution, there will also be a devolved Government. The objectives of Kenya’s devolved Government include:

  • Promotion of democratic and accountability in exercise of power,
  • Fostering of national unity through recognition of diversity,
  • Giving powers of self governance to the people to enhance participation through decision making process,
  • Promotion of social and economic development at all levels,
  • Ensuring of equitable sharing of national resources and
  • Facilitation of decentralization of State organs, their functions and services from the Capital of Kenya and
  • To enhance checks and balances and the separation of powers.

County Governments: There is a County Government for each of the 47 Counties. The government consists of a County Assembly and a County Executive. A County Assembly consists of members elected by registered members of each Ward constituting a single member constituency and the Speaker who is an ex official member. The assembly is elected for a term of 5 years.

 

LEGISLATURE

The Republic of Kenya is a unitary State. Kenya won its independence from British colonial rule on 12 December 1963.

The country has a multi-party political system whose hallmark is parliamentary democracy. The Parliament of Kenya is bicameral house consisting of the National Assembly and the Senate.

NATIONAL ASSEMBLY
The National Assembly has in total 349 members plus the Speaker who is an ex-official. Article 95 of the Constitution establishes that the National Assembly shall consist of the following:- two hundred and ninety (290) members, each elected by the registered voters of single member constituencies; forty-seven (47) women, each elected by the registered voters of the counties, each county constituting a single member constituency; twelve (12) members nominated by parliamentary political parties according to their proportion of members of the National Assembly in accordance with Article 90, to represent special interests including the youth, persons with disabilities and workers; and the Speaker, who is an ex official member. Members serve for a five year term.

The Parliament represents the people of the Constituencies and special interests in the National Assembly. Parliament therefore manifests the diversity of Kenya, represents the will of Kenyans and exercises their sovereignty. The role of Parliament of Kenya is therefore to:
    • Deliberate on and resolve issues of concern to the people of Kenya
    • Enacting legislation in accordance with the Constitution
    • Determine the allocation of national revenue between the different levels of government
    • Appropriating funds for expenditure by the national government and other State organs
    • Excise oversight over national revenue and its expenditure
    • Reviews the conduct in office of the President, the Deputy President and other State Officers and initiates the process of removing them from office
    • Exercises oversight of State organs
    • Approves declarations of war and extensions of state of emergency.

SENATE
The Senate consists of 67 members plus the Speaker, who is an ex-official member. Article 98 of the Constitution establishes that the Senate shall consist of the following:- Forty-seven (47) members each elected by the registered voters of the counties, each county constituting a single member constituency; Sixteen (16) women members who shall be nominated by political parties according to their proportion of members of the Senate elected under clause (a) in accordance with Article 90; Two members (2), being one man and one woman, representing the youth; Two (2) members, being one man and one woman, representing People with disabilities; and The Speaker, who shall be an ex official member. Members serve for a five year term.

 

JUDICIARY

The judicial authority is derived from the people of Kenya and vests in, and shall be exercised by, the Courts and Tribunals established by or under the new Constitution of Kenya. Under Article 161 of the Constitution, the Judiciary is independent and shall be subject only to the Constitution and the law and not subject to the control or direction of any person or authority.

The head of the Judiciary is the Chief Justice assisted by the Deputy Chief Justice, while the Chief Registrar of the Judiciary is the chief administrator and accounting officer of the Judiciary. The Judiciary consists of the Judges of the Superior Courts, Magistrates, other Judicial Officers and Staff.

The Court has Exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President arising under Article 140 of the Constitution. It also has appellate jurisdiction to hear and determine appeals from the Court of Appeal and any other court or tribunal as prescribed by national legislation.

System of Courts

The Superior Courts are: the Supreme Court of Kenya, the Court of Appeal, the High Court and other Courts with status of High Court to hear and determine disputes relating to employment and labour relations; the environment and the use and occupation of, and title to, land.

The Subordinate Courts are: the Magistrates Courts, the Kadhis’ courts, Court Martial and any other Court or Local Tribunal as may be established by an act of the Parliament of the Republic of Kenya.

There follows the Court of Appeal which handles appeal cases from the High Court and as prescribed by Parliament. It constitutes not less than 12 judges and will be headed by a President appointed by the Chief Justice. Thereafter is the High court of Kenya which is established under article 165 of the constitution of Kenya. It has supervisory jurisdiction over all other subordinate courts and any other persons, body or authority exercising a judicial or quasi-judicial function.

After the promulgation of the constitution of Kenya 2010 and as part of the reforms of the judiciary the High Court expanded to create a dedicated court to deal with issues relating to Labour, Land and the Environment. The constitution also establishes other courts subordinate to the High Court and the Judicial Service Commission, vested with the power to appoint and to exercise disciplinary control and the removal of judicial officers.