Abuses of power in the Kenyan Constitution

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Introduction Kenya has made momentous strides towards grasping meaningful democracy principles with the promulgation of the new Constitution on 27th of August 2010[1]. As a result of these democratization initiatives, the power of the executive has been abridged and that of the legislative and judiciary considered autonomy. Hence, the Constitutional of Kenya recognises separation of powers and its allocation of powers to different organs of state as a permanent feature.

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Taking note of limits being imposed on the state powers in line with the principle of separation of powers as articulated by the former French theorist Montesquieu[2], it is now evident that all powers to be exercised in public functions, must flow from the constitution as the Kenyan Constitution[3] is regarded as the supreme law of the land[4]. Hence, any law inconsistence with it is regarded as null and void. Despite these significant gains abuse of power still strive as going to be conversed in the analysis below. Framework of Kenya The Constitution may be defined in terms of governance as the law that seeks to define, distribute and constrain the use of state power so that power is applied to the objectives for which it was invented and in the manner in which it was intended[5]. The Constitution of Kenya, 2010 has laid great emphasis on transparent, accountable and democratic governance[6] to ensure they do not deploy state power in a manner that does not efficiently aid the welfare of the people. Concept of accountability within the framework of Kenya Accountability exists where persons in authority are answerable for their actions and there is transparency in leadership.[7] For instance, the Executive is to be restructured by reinforced checks and balances from other institutions.[8] The Constitution of Kenya 2010 outlines national values and principles of governance[9] by introducing far reaching changes to Kenya’s system of governance. The Constitution created a decentralized system of government characterized by two levels of government, that is, the national government and the county governments[10] to correct deficiencies of centralized system of government blamed for promoting and sustaining bad governance in Kenya[11]. The Constitution 2010 indorses a compromise on decentralisation, in an attempt to enable the judiciary to carry out its functions. The judiciary has the power through judicial review mechanisms to assess executive and administrative conduct or actions of the state, state organs, state departments, and state officials.[12] Closely related to the concept of accountability is the doctrine of the Rule of Law which is one of the most important political ideals of all time[13].

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