The term separation of powers otherwise referred to in French as “trias politica” was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18th century French social and political philosopher.[1] Montesquieu was of the considered view that when the legislative and executive powers are united in the same person, or in the […]
Few witnessed the building of the young Kenyan state from within as did Ngina Kenyatta, the widow of Kenya’s first president, Jomo Kenyatta. Mama Ngina, as she is known, marks her 90th birthday on 24 June 2023. She was by her husband’s side when Kenya won independence 60 years ago and for many turbulent years […]
Sensitive to the preceding decades of an undermined judiciary, the 2010 Constitution drafting committee’s approach to the parts of the Constitution pertaining to the Judiciary[7] placed strong emphasis on its independence, broad cititizens’ rights specifically upholding the rule of law. However, a question currently being raised is whether or not the 2010 Constitution went too […]
The inauguration of the Kenya Kwanza government filled the hearts of a large majority of hustlers with much joy, in the belief that it heralded a great new dawn that would see hustlers of this great country witness prosperity, equity and human dignity. The momentous occasion, celebrated at a packed to overflowing Kasarani stadium, persuaded […]
I wake up to a brand-new day that has never been lived before. Everything in this day is fresh and waiting for me to make it my own. My thoughts, feelings, and circumstances have shaped the day even before it began. Today I choose to live life through a different lens – the deathbed criterion. […]
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. […]
The opposition has for decades been a headache to the government of the day through the organization of these demonstrations which springs from Article 37 of the Constitution. Under the wake of the new Constitution promulgated in 2010, the country has witnessed at least three demonstrations organized by the Opposition to wit: following the announcement […]
In a functioning constitutional democracy, an impartial and independent judiciary with the power to remedy breaches of fundamental rights is indispensable. Justice Hayanga understood this and used his legal acumen to further cement the supremacy of the Constitution in the protection of fundamental constitutional rights. This was almost a decade before the adoption of our […]
All in all, let us put it into perspective, or rather examine it from a legal eye. Socio- economic rights are deponed by virtue of Article 43 of the Constitution of Kenya.[1] Sibonile Khoza of South Africa describes them as human entitlements that warrant a dignified life.[2] These include the right to food, housing, clean […]
Politicians, though bound by the national values and principles of governance both before and upon ascension into office, have lived to misguide the electorate with regards to their public promises vis a vis their implementation. The national values and principles of governance bind all state organs, state officers, public officers and all persons whenever any […]
