Eroding independence: Re-conceptualising parliamentary independence in Kenya under the 2010 Constitution
by admin on | 2026-01-08 08:44:44 Last Updated by admin on 2026-01-09 11:19:02
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Abstract
This paper critically appraises the parliamentary independence in Kenya, focusing keenly on the broader spectrum of the doctrine of separation of powers. It investigates how historical practices comprising the political structure and dynamics have continuously undermined parliamentary autonomy since the dawn of independence in Kenya. With a keen understanding of the development of parliamentary autonomy since the dawn of independence to the 2010 Constitutional era, the paper posits that despite express constitutional articulation of its autonomy and independence, the August House continues to function under the influence of the Executive which continues to manifest through neo-patrimonial tendencies, party politics and coercive presidential system influences. This paper borrows from different political theories, such as the neo-patrimonial as advanced by Clapham in The Nature of the Third World State and Machiavelli\'s The End Justifies the Means theory while posting how these political practices have greatly undermined constitutional fidelity. It finally By Emmanuel Deng checks the consequences of the erosion of this independence, which include a weakened oversight role, weakened accountability and loss of public trust in the institution. In re conceptualising its independence, the paper proposes a reform to the political structure of Kenya and taking measures of safeguarding and strengthening the oversight mechanisms.
Introduction
In recent years, the debate on whether the Kenyan Parliament is independent both theoretically and practically has skyrocketed and transformed into a serious discussion in both social and political arenas. This, therefore, takes us back to the doctrine of separation of powers and its essence in any constitutional democracy. Scholars posit that the essence of ensuring that the three key organs of government, Executive, Legislature and the Judiciary are distinctly separated is to ensure that there is no abuse of power.1 Separation of powers entails that, of the three branches of government, none shall carry out the functions of the other and that no shall be a member of more than one of the branches read more...
