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SEPARATION OF POWERS UNDER KENYAS CONSTITUTION: EMERGING RELATIONSHP BETWEEN THE LEGISLATURE AND THE JUDICIARY Paper presented at the Annual Judges Colloquium held at Mombasa, 21st 26th August, 2016.

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The Framers structured the government in this way to prevent one branch of government from becoming too powerful, and to create a system of checks and balances. Under this system of checks and balances, there is an interplay of power among the three branches.

The separation of powers doctrine is a fundamental principle of law that maintains that all three organs of government remain separate. This requires that the judiciary, the executive and the legislature all remain distinct from each other to ensure that the different arms of government do not encroach upon each other.

The 1969 Constitution which replaced the 1963 independence constitution had already been amended at least 12 times by 2010, and was widely agreed to require a major overhaul to create a more democratic framework with greater oversight of the executive by parliament.

The purpose of this principle is to: - Prevent concentration of power and provide for checks and balances.

He asserted that, to most effectively promote liberty, these three powers must be separate and acting independently. Separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

The Constitution of Kenya 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.

For example, Congress has the power to create laws, the President has the power to veto them, and the Supreme Court may declare laws unconstitutional. Congress consists of two houses: the Senate and the House of Representatives, and can override a Presidential veto with a 2/3 vote in both houses.

Montesquieu expounds his theory of separation of powers to set forth the governmental organization in order to safeguard the political liberty. He believed that the separation of powers among the different organs of the government is the best safeguard against tyranny.

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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232