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Political System

In Kenya, the powers of government are traditionally divided into three main organs i.e the Executive, the Legislature and the Judiciary. The separation of powers here makes the judiciary more independent however, the legislature, which makes the laws, contains members of the executive (President and the Cabinet Ministers) who are responsible for carrying out the laws. This is not unusual since the Ministers who are elected members of parliament, are responsible both individually and collectively to the legislature for the administration of their Ministries.

The Executive

President Mwai Kibaki
His Excellency Mwai Kibaki
President of The Republic of Kenya

The Executive power is held by the President who is elected by direct popular vote for 5 years. The President is usually assisted by an appointed Vice-President and a Cabinet. The winning candidate at Presidential elections must receive no less that 25% of the votes in at least five of Kenya's eight Provinces.

The current President is H. E. Mr. Emilio Mwai Kibaki who took over the Presidency on 30.12.2002 from ex-President Daniel T. arap Moi after the 2002 General elections.


Legislature

In Kenya, Legislative power is vested in the unicameral National Assembly with 224 members (210 elected by universal adult suffrage, 12 nominated, the Attorney-General, and the House Speaker as ex-officio members). They serve a term of 5 years, subject to dissolution of parliament.

The maximum term of the National Assembly is five years but can be extended. The President can dissolve it at any time. The National Assembly may also force its own dissolution by a vote 2/3 majority vote.

Currently, the ruling party is the National Rainbow Coalition (NARC) which won the 2002 General elections. The Party that has ruled Kenya since independence in 1963 is KANU.

Kenya has a multi-party political system with over 40 registered political parties. Kenya became a one party state in 1982 through an amendment of the constitution. However, in 1992 Section 2A of the constitution was repealed to pave way for the re-introduction of multi-party politics in the country.

THE JUDICIARY

The Judiciary is one of the three arms of government established under Chapter IV of the Constitution. The role of the judiciary is to interpret and apply the law and the Constitution, and to provide impartial adjudication of disputes. It is headed by the Chief Justice and comprises of judges of the Court of Appeal, High Court (puisne) judges, magistrates and kadhis. The Court of Appeal, which is preceded by the High Court, is the highest court on the land. It adjudicates appeals from the High Court. Its decisions are binding on the High Court and all other subordinate courts.

The East African Order in Council of 1897 and the Crown Regulations made there under, marked the beginning of a legal system in Kenya, establishing a tripartite court system, namely, native courts, Muslim courts and those staffed by Administrative Officers and Magistrates.

Administration of Justice concerning non-Africans was entrusted to expatriate judges and magistrates. The head of the system was the Chief Justice while the administrative duties were carried out by the Registrar of the Supreme Court (now the High Court).

Appeals lay from Subordinate Courts to the Supreme Court. Muslim Courts were headed by a Chief Kadhi and were classified as subordinate Courts.

The main Courts were established in Nairobi, Mombasa and Kisumu. Other centers were served by judges and magistrates on circuit.

The segregated legal system came to an end in 963 when the independence constitution enacted the beginning of an independent and impartial judiciary.

The independence constitution established a Supreme Court with unlimited original criminal and civil jurisdiction over all persons, regardless of racial or ethnic considerations. When Kenya attained the status of a republic in 1964, the Supreme Court was renamed the High Court and remains so to date.

Judges to the judiciary were to be appointed by an independent Judicial Service Commission. The constitution further provided for the establishment of a Court of Appeal and the Kadhi’s Court.

In 1967, the Judicature Act (Chapter 8), the Magistrates Courts Act (Chapter 10), and the Kadhi’s Court Act (Chapter 11) were enacted to streamline the administration of justice in Kenya.

JUDICIARY STRUCTURE

The High Court is created under S.60 of the Constitution of Kenya, with unlimited original jurisdiction in civil and criminal matters. It is the highest court of original jurisdiction in Kenya.

It is also endowed with appellate jurisdiction. Appeals from various administrative bodies and subordinate courts are heard and determined by the High Court.

The High Court is the final arbiter in matters concerning the interpretation of the Constitution by virtue of S.67 (1) of the Constitution. The High Court is further empowered by S.44 of the Constitution to hear and determine election petitions. It is also vested with admiralty jurisdiction in all matters arising on the high seas or in territorial waters, or upon any lake or navigable inland waters in Kenya.

The hierarchical structure of Magistrates Courts is as follows:

  • Chief Magistrate
  • Senior Principal Magistrate
  • Principal Magistrate
  • Senior Resident Magistrate
  • Resident Magistrate
  • District Magistrate