The Constitution, Parliament and Governance Systems

This course intends to equip participants with requisite knowledge of Parliament in Kenya, the roles and responsibilities of representatives and the exercise of separation of powers to enable them fulfil their constitutional mandates effectively.

This module exposes the participants to the key issues that have shaped the journey for constitutionalism in Kenya. It delves into the philosophy, principles, values and the key pillars of the Kenyan constitution.

In many discussions, the terms Devolution, Decentralisation and Federalism are used as if they are synonymous in explaining the organisation of the State. The fundamental basis of Devolution is to determine the extent to which the traditional power and authority of the state (the power to tax, spend, regulate, provide and deliver services, control, distribute and redistribute resources and define and enforce rights) are widespread and dispersed across a range of national, sub-national, regional, provincial or local governments. On the other hand, the concept of Bicameralism refers to the practice of having two legislative or parliamentary chambers. In most jurisdictions, specific reference is made to Lower and Upper Houses of Parliament.

The purpose of this course is to furnish participants with relevant skills to facilitate effective fulfilment of their mandate. This course caters for the study and needs of legislators and parliamentary staff. The course addresses various aspects of Devolution and Bicameralism, i.e., the concepts, rationale and processes.

Social movements are important vehicles that mobilise and organise people around particular interests. Among these are Interest Groups and Political Parties. Interest Groups are organisations that are formed to promote and pursue particular interests. In many cases, interest groups do not generally support particular candidates for elections but seek to influence government policy or legislation. They can also be described as ‘lobby groups’. Sometimes, they exist as ‘pressure groups’ of civil society. The aim of interest groups is to influence the people who actually have the power to make decisions. These groups provide a means of popular participation in national politics between elections. They are sometimes able to gather sufficient support to force government to amend or repeal legislation or even change policies. There is considerable evidence of successful interest group campaigns that have changed government policies and the law.

The absence of acceptable levels of ethics and integrity in individuals and institutions has been witnessed in Kenya for a while. The reality has manifested itself in things like lack of accountability and transparency, which are themselves manifestations of poor governance. To deal with this problem, the Government of Kenya has put in place various measures from time to time including enacting anti-corruption laws and setting up of anti-corruption institutions and other agencies that are expected to promote corruption prevention and good governance. These efforts started with the enactment of the Prevention of Corruption Act 1956 that was repealed in 2003 when the Anti-Corruption and Economic Crimes Act was enacted. Other anti-corruption laws include the Public Officer Ethics Act 2003 and Ethics and Anti-Corruption Commission Act 2011. The enactment of the Constitution of Kenya 2010 in particular has great significance as a national effort to advance ethics, integrity, anti-corruption and good governance.

Evidently, regional integration schemes have also incorporated regional parliaments as actors where a common platform is found for wider discussions and consultations. Regional parliaments have been formed alongside regional integration organisations such as the East African Community (EAC), the Economic Community of West African States (ECOWAS) as part of the citizen involvement and participation.