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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. Consequently, given their fundamental role in the functioning of Kenyan democracy, all legislators must act transparently, ethically, honorably and with accountability. This means that as part of their duties, legislators must inform the public of their actions and justify them, ensure citizen participation in the process and that, in the event of non-compliance, sanctions are applied. A legislature that ensures these principles will be more effective in responding to citizens’ expectations and promoting a strong democracy, which will legitimize its role and provide an opportunity to ensure public trust.[7] However, one of the basic problems in modern democratic governments is how to design political institutions that facilitate the representation of citizen interests.[8] This question has been debated largely through the dual prism of the independence and the accountability of the legislature.[9]

Kenya’s democratization is one of the political success stories in Africa with a current record of seven successive multiparty elections since 1992 of which the last three, conducted under the 2010 Constitution, were judged free and fair. By all indications then, Kenya seems to have come a long way in developing a democracy with a mass based support. This trajectory places Kenya in a group of African countries whose transitions seem to be relatively secure. How do we then explain that one of its core institutions of democracy, the legislative branch, does not seem to flourish in the same way as democracy in general? Citizens’ interests are no longer the main concern. The process of legislation has become slow and lagged. Laws are often passed in a rush with little scrutiny and sometimes no follow-up rules. Parliament, which is meant to invoke accountability, has almost forgotten its role. Now, the only means are questions asked by Members of Parliament (MPs), many of which are pedantic, unclear or on behest. Besides, these questions are often answered with less or hidden facts by the government. The number of days when the parliament meets and discusses the relevant issues has also gone down. Even when the Parliament sits and meets, there is more noise than debate, more shouting than listening, and more statements than engagement or debate. It is time for legislators in Kenya to perform their legal roles in Parliament as representatives of the people. Also, the time has come for citizens, whom they represent, to evaluate that performance.

This article, therefore, analyzes the autonomy and performance of the Kenyan legislature in terms of legislative and oversight functions and finds that these have declined significantly. Why has this happened? A layperson’s view would rather tend to ask whether Parliament is “dying” here or not. I believe there are several explanations for why, to date, this question has neither been posed nor thoroughly studied in Kenya. The principal reason is that legal scholarship tends to focus somewhat disproportionately on the work of the Judiciary, driven by the implicit assumption that courts are the prime social control institution in the overall design of the legal system. Therefore, to answer this question, this article begins by clarifying the foundations of the citizen-legislator relationship and outlining some of the key roles that legislators are generally expected to fulfil. It assesses their performance in these roles against citizen expectations and other indicators. The analysis further unravels that party discipline, corruption and lack of transparency, erosion of checks and balance, executive dominance and public disillusionment and apathy all play a part in diminishing the significance of the Legislature in Kenya.

Nothing more than a failure: Democracy and misrule of law in Kenya

In Rousseau’s time, there was no meaningful democracy. Oppressive monarchies and other authoritarian regimes dominated the landscape. His solution to achieve human freedom and legitimate government was to shift sovereignty to the people.[10] Fast-forwarding to the 21st century, it is evident that establishing democracy and the rule of law are still everyone’s wish. It is so compelling that people are willing to risk suffering and death to achieve them. In that regard, part of a legislator’s job in a democracy is to serve their constituent by representing citizens’ interests and by providing a direct link to government. Citizens expect to have contact with their elected representatives and recognize them as someone who can solve their problems and help him/her navigate the complex government bureaucracy.[11] Political scientist Nelson Polsby calls legislatures the “nerve endings” of the polity.[12] They are the branch of government closest to people, and legislators, more than any other officials at the national level, need to be aware of the needs of constituents, and are expected to respond to those needs. Mezey, however, takes a negative way of questioning.[13] Is parliament “strong” enough to constrain (reject or modify) a government’s legislative ambitions? Or is parliament a “moderate” (modify not reject)? Is parliament a “Little or no (can’t do either) law-making” parliament? Mezey had a second criterion as well; parliament’s support base in populace and its capability to deliver up to the expectation. Under this “support and capability to deliver” criteria, Mezey divided parliament into five categories – active (The US), vulnerable (Philippines), reactive (UK), marginal (Pakistan) and minimal (Soviet Union).[14] From these categories, Kenya’s legislature can be grouped into the Marginal category as we shall see further in this discourse.

Throughout the world, citizens tend to identify with legislators in more personal ways than they do other public officials. They may talk of “my MP”, “my senator” or “my representative.” (One does not often hear people speak of “my president” or “my judge”).[15] Unlike “Chief executives”, who represent entire nations, and judges, whose responsibility it is to carry out and interpret the law impartially toward all citizens, legislators are responsible for representing diversity in society, and for bringing that diversity into the law-making arena.[16] Representation involves more than simply living in a specific area in the country, or having characteristics in common with those one represents (e.g., gender, religion, political beliefs).[17] It involves listening to constituents and groups and making decisions and exercising influence on their behalf. Constituency work, dealing with concerns and issues of individuals, can also be an important component of the legislator’s representative function, and one that voters remember at election time.[18] All these appear to be diminishing in Kenya and critiques have argued that “state institutions, potentially including the Executive, State agencies and the Legislature, regulate their business mainly to favor private interests.[19] By doing so, these individuals and groups have control over or influence the design and adoption of new laws, rules, and regulations, as well as the amendment or modification of existing ones. When the Country is run in this manner, the whole legal system becomes the opposite of what it should be, because it works to the advantage of illegal interests that are dressed up in a legal form.[20]

The Constitution of Kenya[21] provides that the sovereign power of the people shall be vested in the Executive, the Legislature and the Judiciary, reflecting the democratic ideal that if power is concentrated in the hands of a few, it is prone to misuse. This provision aims to safeguard against arbitrary and capricious governance and the abuse of power. Chapter 8 of the same Constitution deals with the Legislature that derives its legitimacy from the people.[22] The Constitution is further very categorical that, ‘no person or body, other than Parliament, has the power to make a provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation.’[23] It thus solely places the law-making function in the legislative arm. The functions of the Executive are not easily pointed out and some scholars have argued that its functions are merely the residue of the functions of government after legislative and judicial functions have been carved out.[24] That notwithstanding, Chapter 9 of the Constitution has outlined the functions of the Executive, constraining itself to the narrow understanding of the Executive[25] by looking at the different functions of the President,[26] the Deputy President[27]and the Cabinet.  It is true that parliament does regularly allow the Executive to develop rules and regulations to guide the implementation of primary statutes and its administrative actions, but even then, parliament retains a significant oversight role through the Statutory Instruments Act and other oversight tools to check whether the Executive gets it right. Essentially, because everything the President and the Executive does must be guided by law, a parliament that appreciates its powers will always keep a leash on the Executive, but not necessarily vice versa. Not vice versa because, if parliament needs to do something that is unpopular with the President or the Executive, it would simply have to pass the law enabling such action and then require the Executive to implement it. Critically, parliament retains the tools to force the Executive’s compliance, including the ability to remove cabinet secretaries and in the extreme, to impeach the President or the Deputy President. Perhaps, the only time the President has some formal power over parliament is through assent of laws—but even then the Constitution overrides that power if a President refuses to timeously assent to a law passed by parliament or where the President expresses reservations with which the parliament fails to agree.

Perhaps the most consequential new power the 2010 Constitution gave to parliament, one which most parliamentarians are mostly clueless about how to utilise, is the budget-making power.[28] Recently, the Parliament passed the Finance Bill 2023 even after it received backlash and rejected by Kenyans.[29] How can MPs go around the country promising Kenyans heaven only to come up with a Bill that is choking them?[30] Most of the power regarding the budget is assigned to the National Assembly and includes the power (shared with the Senate) to determine the level of allocation between the national and county governments and the power to decide how much money to allocate to each organ of the national government and the state.[31] But this power seems to be abused by the Parliament. Essentially, because money shapes a government’s priorities, parliament has significant sway, utilizing its formal and informal power, over what the President and the Executive ought to focus on. However, the MPs have been reduced to puppets controlled by State House to pass finance bills that reflect the “government’s ambitions” and not citizens’ interests.[32] Moreover, after making the laws and allocating the money, parliament is accorded the oversight power which, properly utilized, means following up (mostly with the Executive) to ensure proper implementation of the laws it has passed and the money it has allocated.[33] However, most of the questions asked by the Parliament to the Executive regarding the money allocated, are often answered with less or hidden facts. Where the executive strays, parliament is accorded the tools to force the Executive back into the straight and narrow. The Constitution added another critical element to parliament’s oversight powers, that of scrutinizing and approving most of the consequential appointments of a President, including cabinet and principal secretaries, ambassadors, etc. In fact, a creative and robust parliament would understand that the power to oversight appointments by the Executive is elastic and, properly leaned on, could even be used to determine the fate of appointees and public servants of relatively low rank within government.[34] However, parliament, which is meant to invoke accountability, has almost forgotten its role.

The discourse and debate on issues of national importance, ones that reflect citizens’ interests, have eroded and diminished with the passage of time in the Legislature. Almost 60 years after we began life as a republic, there is a clear and present danger that we could be the world’s most vibrant democracy with the world’s least effective, and perhaps most dormant, legislature. Most of those we have chosen as MPs have been quislings or outright charlatans.[35] They either are too clueless to understand the constitutional powers of their office or are so insatiably and gluttonously transactional that all they care about is using their office for self-aggrandisement.[36] Or both. In fact, most are both.[37] Because of their nature and their small-mindedness, they fail to see the big picture, the immense power the Constitution has conferred on the arm of government to which they belong. The process of legislation has also become slow and lagged. Sometimes, laws are often passed in rush with little scrutiny and sometimes no follow-up rules. Parliament, which was meant to invoke accountability, has almost forgotten its role. Now, the only means are questions asked by MPs, many of which are pedantic, unclear, or on behest. Besides, these questions are often answered with fewer or hidden facts by the government. The number of days when the parliament meets and discusses the relevant issues has also gone down. Even when the Parliament sits and meets, there is more noise than debate, more shouting than listening, and more statements than engagement or debate.  It is time for legislators in Kenya to perform their legal roles in Parliament as representatives of the people. Also, the time has come for the citizens, whom it represents, to evaluate that performance. The diminishing significance of the legislature in Kenya can be attributed to several factors. Some common trends that have contributed to this phenomenon include:

Party discipline: Political parties play a crucial role in parliamentary systems, but increased party discipline has led to a decline in the influence of individual members of parliament (MPs). Parties often enforce strict voting discipline, limiting MPs’ ability to vote according to their constituents’ interests or personal beliefs. This can reduce meaningful debates and deliberations within the parliament. Kenyan political parties have often employed “whip systems” to enforce party discipline, requiring members of the legislature to vote in line with the party’s position. This restricts the ability of legislators to act independently or vote against the Executive’s wishes. More recently, Nandi County Senator Samson Cherargei proposed disciplinary action against Kenya Kwanza (a Coalition in Kenya) MPs who opposed the Finance Bill 2023.[38] In a statement, Cherargei supported President William Ruto’s stern action against MPs who oppose the Bill:

“Agreed with Ruto. Furthermore, any Kenya Kwanza MP who shall vote against the Finance Bill 2023 should face the full force of party disciplinary mechanisms. You cannot play opposition politics in government, party position is supreme in any discipline of democracy”,[39] Cherargei stated.

Speaking during a church service in Leshuta, Narok County, President Ruto cautioned government-allied MPs against joining the opposition to oppose the Finance Bill 2023:

We need to pass this bill so Kenya can develop. There are some suggestions that MPs should disclose how they voted when the bill is tabled in parliament, but personally, I am waiting to see any MP who will shut down that bill”,[40] said the President.

Deputy President Rigathi Gachagua also warned that MPs who oppose the Bill should not ask for development projects from the government:

There is a lot of incitement around this whole Finance Bill issue. I was in Kitui yesterday and their MP spoke about cessation and people were clapping. And then soon after he was telling me they need roads, where does he expect the money to build roads to come from?[41] the DP quipped.

This has to stop!

Erosion of checks and balances: The erosion of checks and balances within political systems can undermine the role of parliament. When other branches of government, such as the Judiciary, are weakened or compromised, parliament’s ability to act as a check on Executive power is diminished. The Executive can use patronage, such as promotions or financial incentives, to influence legislators and ensure their loyalty. This can lead to a situation where legislators prioritize the interests of the Executive over the public or their constituents. The idea of checks and balances is part and parcel of the doctrine of separation of powers and probably the most controversial precept that is also reflected in the Constitution. It refers to the restraints which operate between the different institutions of government in order to guard against abuses of powers.[42] Article 10 provides that among the national values and principles of governance are good governance, integrity, transparency and accountability. The Legislature, for instance, checks the Executive by reserving the power to impeach a President,[43] while the Executive, on the other hand, checks the Legislature through presidential assent of a Bill into law.[44] The Judiciary on its part checks the Executive and Legislature through its power of judicial review.[45] When checks and balances are eroded, Parliament may not effectively check on the Executive which results to several abuses by the Executive.

Corruption and lack of transparency: Instances of corruption and lack of transparency can erode public trust in the Legislature and undermine its legitimacy. Scandals involving parliamentarians can lead to a perception that the institution is not working in the best interests of the public, reducing its significance and influence. The law applies equally to all, hence the blindfold covering the eyes of Lady Justice (a symbol with a scale and sword going back at least to Roman times, although her blindfold was not added to statues and images until the 16th century).  But many don’t understand why she wears a blindfold. If Lady Justice could see us, there is a risk that the prejudices (the word literally means “pre-judgements”) of those in power would change how we are treated by the legal system.[46] Her blindfold is for our protection.[47] But there is another more subtle message in the blindfold. Lady Justice must also be shielded from knowing the potentially intimidating power of the person who stands before her. If she knows, if she feels their power, and if their power is greater than hers, her enforcement of the law will be distorted.[48] Our Constitution emphasizes the centrality of the rule of law in all aspects of governance. Courts have explained that the constitutional principle of the rule of law means that every government or state action and every exercise of state power must find its legitimacy in a law or rule. In fact, courts often invalidate government actions that are not anchored in law or rule. Former Kenyan MP Moses Kuria, in 2021,  told the BBC he received a $1,000 (£700) bribe in parliament to back the appointment of the majority leader.[49]

“It is not unusual for members to get this kind of an inducement”,[50] he said, adding he would return the payment. Mr Kuria said he had witnessed corruption many times in parliament:

And it has happened countless times for the eight years that I’ve been in parliament,[51] he told BBC’s Newsday programme.

Obviously these things don’t happen on camera.”[52]

He gave the appointment of Mr Kimunya as an example. He replaced Aden Duale as majority leader in the national assembly that year. The former MP for the Gatundu South constituency admitted that the corrupt practices were wrong.

“It is wrong. And I think yes… given an opportunity I would refund at least the one I can most vividly recall”, he said.

I’ll probably do [it] today… refund the $1,000 that I did receive to vote in Amos Kimunya as the leader of the majority.”[53]

Kenyans believe almost half of their members of Parliament (MPs) take bribes. Parliament has now been dubbed as the “house of graft”. When will this end? When will the law take its course? Isn’t the Kenyan Lady Justice blindfolded?

Executive dominance: In many jurisdictions, the executive branch of government, headed by the President or Prime Minister, has gained more power and influence over time.  The ruling party/coalition in Kenya, holds a significant majority in the Legislature, allowing the Executive to exert control over the Legislative agenda and decision-making processes. This has resulted in limited opposition influence and reduced checks and balances. The Executive has often controlled the legislative agenda, making it difficult for parliament to effectively shape and scrutinize laws and policies. For example, when President Ruto cautioned government-allied MPs against joining the opposition to oppose the Finance Bill 2023.[54] This authoritarian rule in the Executive diminishes the role and authority of the parliament. The Executive should not employ intimidation or coercion tactics to influence legislators, such as threats of political reprisals, blackmail, or harassment. These tactics create a climate of fear and undermine the independence of the Legislature. The Executive should also not exert influence over the appointment of legislators or speakers to influence committees and motions in the legislature. By ensuring loyalists or individuals sympathetic to their agenda are appointed to key committees, the Executive shapes the legislative process and controls the outcome of important debates and decisions. The executive may also seek to weaken institutional safeguards that are meant to ensure the independence of the Legislature. This can include undermining the authority of parliamentary committees, limiting the powers of the speaker, or circumventing constitutional provisions that promote legislative autonomy.

Public disillusionment and apathy: In many jurisdictions, Kenya is not an exception,  there is a growing disillusionment and apathy among the public towards political institutions, including parliaments. This has resulted in decreased voter turnout and a general lack of public engagement, which weakens the democratic mandate and effectiveness of the parliament. This also leads to corrupt parliamentarians being voted in again and again because there’s no one to hold them accountable. Elections are no longer carried out for the purpose of accountability but rather just representation. There should exist a special accountability relationship between citizens and elected representatives. Representatives are obligated to work on behalf of citizens and to help improve the quality of life in the constituencies they represent. To be effective in this role, representatives need to understand the interests and issues of their constituents. Likewise, citizens need the opportunity to express their views and discuss their issues with representatives. In democratic societies, where the common good should prevail over individual interests, an increase in poverty or inequality is the very last thing that public policies should bring about. The State’s actual role is to design and implement public policies that tackle these problems and enhance and improve the rights of its citizens. If the opposite is the case, the State is said to have been ‘captured’. A state that grants privileges to a few over the majority of the population is one in which public policies reduce or limit the rights of its citizens. This leads to public disillusionment and apathy towards the Legislature.

The practice of constituent relations involves communicating with constituents, learning about their concerns, and, as possible and where appropriate, helping to solve their problems.[55] Constituent relation is often one of the most challenging aspects of a legislator’s job, but it is important for many reasons and can provide benefits to constituents, legislators, political parties, and society as a whole.[56]

First, legislators who actively engage their constituents help to create a link between citizens and their government. By getting involved in local problems, legislators can demonstrate the government’s ability to address real issues in people’s lives and provide tangible benefits to the communities they represent. By listening to public concerns and then conveying those concerns in the legislature and to their respective political parties, legislators are better equipped to design or amend policies that respond to real human needs. Political parties can use the information collected through active engagement with constituents to ensure that their platforms resonate with constituents and their policies reflect relevant concerns.[57]

Second, active engagement in one’s constituency gives a more human face to the legislator, the legislature and the party. Although an elected representative cannot solve all of his or her constituents’ problems, helping with some and at least trying with others can build public trust in the legislator and the legislature.[58] Direct contact between legislators and citizens can build public trust in the legislator and the legislature. Citizens may better understand who their legislators are, what their roles are, and how they can help (as well as how they cannot help). Legislators who establish two-way communication with constituents may also be able to provide citizens a better sense of why they make certain decisions, as well as difficulties they face, such as insufficient financial and other resources. Citizens who have direct contact with an elected representative are also more likely to identify his or her party as an institution they support, which is especially important during election time.[59]

Third, effective constituent relations work can help mobilize citizen participation in public affairs. When a legislator works with local officials, non-governmental organizations (NGOs) and ordinary citizens to solve local problems, he or she empowers them to improve their lives and their communities. By widening the circle of citizens involved in public policies and decisions, the representative fights apathy and helps to make democracy work through practical problem-solving. Parties and legislators who establish strong ties with constituents also develop a base of loyal political supporters and help to mobilize volunteers.[60] Finally, a legislator’s constituent relations activities provide a much-needed public benefit. Representatives are uniquely situated to help citizens connect with their government and untangle the bureaucratic maze they often face. Legislators have the authority and resources to get answers and they enjoy access to information often unavailable to citizens or other community leaders.[61] For a democracy to function well, legislatures, political parties and citizens must all play an active role.[62]

Conclusion: Sending them a Message

It is very disappointing that one of Africa’s most successful cases of democratization has a legislature that does not seem as potent as a democratic institution. Constituent relations, when conducted effectively, enable legislators and political parties to make a positive impact on their constituents’ lives. When performed well, constituent relation activities strengthen democracy in a country by building public trust in democratic institutions and reinforcing principles of participation, accountability and transparency. As discussed above,  Kenyans are too often convinced that the Legislature does not represent them and has little concern for their interests. Responsive legislators who are effective at engaging citizens can help to change this perception. Dedication to professionalism and respect for the authority that has been entrusted to a legislator through the voting process are vital if he or she and the party are to keep the goodwill and trust of the voters. The approaches chosen by legislators to carry out their constituent relation strategy should be diverse and should provide opportunities to establish two-way communication with constituents. Sharing information with constituents is useful, but listening to them is equally important and essential to effectively representing them. Working together can be more cost-effective, and solving some local problems often requires it. All I ask for is respect for citizens’ interests. Only the future will tell whether this was mere lip service or a genuine message to legislators to strengthen democracy in Kenya.

The author is a finalist Law student at JKUAT-Karen, School of Law. Can be reached at adakidexter@gmail.com


[1] Serving As a Representative of the People: A Guide to Engaging your Constituents. Available at https://www.iri.org/resources/iri-unveils-constituent-engagement-guide/ Accessed on 16 June 2023.

[2] National Democratic Institute for International Affairs, “Constient Relations,” 2008.

[3] Prof. Dr. Satya Arinante and Dr. Fatmawati, “A Handbook on Constituent Relations and Representation,” United Nations Development Programme (UNDP) 2008.

[4] Ibid.

[5] Constituent Relations Manual: A Guide to Best Practices https://www.ndi.org/publications/constituent-relations-manual-guide-best-practices Accessed on 17 June 2023.

[6] Articles 95 and 96, Constitution of Kenya 2010.

[7]  Prof. Dr. Satya Arinante and Dr. Fatmawati, “A Handbook on Constituent Relations and Representation,” United Nations Development Programme (UNDP) 2008.

[8]  Constituent Relations Manual: A Guide to Best Practices https://www.ndi.org/publications/constituent-relations-manual-guide-best-practices Accessed on 17 June 2023.

[9] Ibid.

[10] Rousseau on Democracy. Available at https://www.thephilosophyproject.in/post/rousseau-on-democracy Accessed on 16 June 2023.

[11] Ibid.

[12] Nelson W. Polsby, “Legislatures,” in Handbook of Political Science: Government Institutions and Processes, eds., Fred Greenstein and Nelson Polsby (Reading, MA: Addison Wesley, 1975).

[13] Mezey, Michael L (1979), Comparative Legislatures, Duke University Press.

[14] Ibid.

[15]  Serving As a Representative of the People: A Guide to Engaging your Constituents. Available at https://www.iri.org/resources/iri-unveils-constituent-engagement-guide/ Accessed on 16 June 2023.

[16]   Prof. Dr. Satya Arinante and Dr. Fatmawati, “A Handbook on Constituent Relations and Representation,” United Nations Development Programme (UNDP) 2008.

[17] Ibid.

[18] Ibid.

[19]   Ivor Chipkin, Corruption’s Other Scene: The Politics of Corruption in South Africa, in GOVERNANCE, RESISTANCE AND THE POST-COLONIAL STATE: MANAGEMENT AND STATE BUILDING 21 (Jonathan Murphy and Nimruji Jammulamadaka eds, 2017).

[20]  Nemanja Nenadic, “Tycoons and Corruption”, Politika, 12 November 2006.

[21] Constitution of Kenya 2010.

[22] Article 94(1) Constitution of Kenya 2010.

[23] Article 94 (5) Constitution of Kenya, 2010.

[24] Ambani J and Mbondenyi MK, The new Constitution of Kenya: Principles, government and human rights, Law Africa Publishing, 2013, 85.

[25] Kapur AC, Principles of political science, 1996, 575. A narrow understanding of the executive refers only to the Chief Executive Head of State and his advisers and ministers.

[26] Article 132 Constitution of Kenya 2010.

[27] Article 147 Constitution of Kenya 2010.

[28] Article 95, Constitution of Kenya, 2010.

[29] See https://nation.africa/kenya/news/azimio-mulls-court-move-as-ruto-side-wins-vote-on-finance-bill-4270354 Accessed on 17 June 2023.

[30] Ibid, Minority Leader Opiyo Wandayi.

[31]  Waikwa Wanyoike, “Elections 2022: The Real Power is with Your MP not the President” 2022. Available at https://www.theelephant.info/op-eds/2022/08/04/elections-2022-the-real-power-is-with-your-mp-not-the-president Accessed on 17 June 2023.

[32]  See, Deputy Minority Leader Robert Mbui, available at https://nation.africa/kenya/news/azimio-mulls-court-move-as-ruto-side-wins-vote-on-finance-bill-4270354 Accessed on 17 June 2023.

[33] Ibid.

[34] Ibid.

[35] Waikwa Wanyoike, “Elections 2022: The Real Power is with Your MP not the President” 2022. Available at https://www.theelephant.info/op-eds/2022/08/04/elections-2022-the-real-power-is-with-your-mp-not-the-president Accessed on 17 June 2023.

[36] Ibid.

[37] Ibid.

[38] See https://www.pd.co.ke/inside-politics/mps-who-oppose-finance-bill-should-be-disciplined-cherargei-183223/?amp Accessed on 17 June 2023.

[39] Ibid.

[40] Ibid.

[41] Ibid

[42]  Carrol A, Constitutional and administrative law, Longman Publishers, 2007, 39.

[43] Article 145, Constitution of Kenya.

[44] Article 115, Constitution of Kenya.

[45] Ibid.

[46] Lord Denning in Jones v. National Coal Board (1957).

[47] Ibid.

[48] Ibid.

[49] See https://www.bbc.co.uk/news/world-africa-57105150.amp Accessed on 17 June 2023.

[50] Ibid.

[51] Ibid.

[52] Ibid.

[53] Ibid.

[54]  See https://www.pd.co.ke/inside-politics/mps-who-oppose-finance-bill-should-be-disciplined-cherargei-183223/?amp Accessed on 17 June 2023.

[55]  Serving As a Representative of the People: A Guide to Engaging your Constituents. Available at https://www.iri.org/resources/iri-unveils-constituent-engagement-guide/ Accessed on 16 June 2023.

[56] Ibid.

[57]    Prof. Dr. Satya Arinante and Dr. Fatmawati, “A Handbook on Constituent Relations and Representation,” United Nations Development Programme (UNDP) 2008.

[58] Ibid.

[59]     Prof. Dr. Satya Arinante and Dr. Fatmawati, “A Handbook on Constituent Relations and Representation,” United Nations Development Programme (UNDP) 2008.

[60] Ibid.

[61] Ibid.

[62]  Constituent Relations Manual: A Guide to Best Practices https://www.ndi.org/publications/constituent-relations-manual-guide-best-practices Accessed on 17 June 2023.

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The writer is a law student at JKUAT-Karen Campus. He's passionate and particularly interested in Tax law, corporate law, Public International law, Administrative law and Environmental law.