A critic of the legislative and oversight role of the Kenyan legislature in regulating high debts and promoting socio-economic rights

The Kenyan legislature is one of the three arms of government which are constitutionally established by the 2010 Constitution.[1] Each of these three arms of government has its functions and obligations which spawn from the separation of powers theory by Madison.[2] The Kenyan legislature is tasked with the role of making and amending laws as […]

Constitutional Law, Issue 90 - July 2023, Legislation
July 06, 2023
141 views 49 mins 0

Constitutional silences and their role in shaping legal doctrine in Kenya

A Constitution does not work by itself or speak like an oracle.[1] It is by judicial interpretation that many a time you breathe life into the provisions of a Constitution.[2] At the heart of this is the task of construing the true meaning and intent of explicit constitutional provisions. However, a Constitution, like any document, […]

Issue 90 - July 2023, Legislation
July 06, 2023
70 views 42 mins 0

Why legislators continue to be a disgrace in Kenya

In Kenya, the main functions of the Legislature are representation, legislation and oversight.[6] This means that Kenyan legislators are representatives of citizens’ interests, who deliberate and approve relevant legislation to promote the country’s development and democratic governance, oversee the actions and governance of the Executive power, as well as the national budget and its execution. […]