Kenya’s 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.

For further information about the Kenyan Government’s structure and Ministerial portfolios, please click on the following link http://www.kenya.go.ke”

The Executive

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

For further information about the Presidency, please click on the following link http://www.statehousekenya.go.ke

The 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 However, in 1992 Section 2A of the constitution was repealed to pave way for the re-introduction of multi-party politics in the country.

For further information about the Legislature please click on the following link., http://www.bunge.go.ke/


The Judiciary

The High Court of Kenya: This Court has unlimited criminal and civil jurisdiction in the first instance and sits as a Court of appeal for subordinate courts in both criminal and civil cases. The high Court is also a Court of admiralty, with jurisdiction in all matters arising on the high seas or in territorial waters, or upon any lake or navigable inland waters in Kenya. This relates to incidents such as boundary disputes between Kenya and any other country with regard to territorial waters, Kenya’s Exclusive Economic Zone with regard to the coastline and any acts of piracy on the high seas. There are two Resident Judges in Mombasa and in Nakuru and one resident puisne Judge in Eldoret, Kakamega, Kisumu, Nyeri, Kisii and Meru.

Resident Magistrates Courts: These have countrywide jurisdiction with powers of punishment by imprisonment of up to five years or by fine up to K£500. If presided over by a Chief Magistrate or Senior Resident Magistrate, the Court is empowered to pass any sentence authorized by Law. For certain offences, a Resident Magistrate may pass minimum sentences authorized by law.

District Magistrate Courts: These are Courts of First, Second and Third Class. They have jurisdiction within the Districts and powers of punishment by imprisonment for up to five years or by fines of up to K£500. Kadhis Courts have jurisdiction within districts, to determine questions of Islamic Law.

For further information about the Kenyan Judiciary, please click on the following link http://www.judiciary.go.ke/