Towards Improving the Process of Judicial Review in Kenya

Abstract

The Constitution of Kenya 2010, provides for the general structure of governance. Besides providing for the roles of Executive, Judiciary and Legislature, it provides for two levels of government, the national and county. It also provides for National Legislature, Parliament which comprises of the Senate and National Assembly, and County Assemblies which are organs at the county level that provide legislative function. The devolved system of governance was introduced in the 2010 Constitution consisting of forty-seven county governments each comprising of two arms, which is the county executive headed by the governors and the legislature that consists of the county assemblies. This system of governance was established with the aim of ensuring that services are easily accessible to all the people of Kenya by promoting social and economic development while protecting and promoting the interests of minorities and marginalized communities. This has however been slowed down in a number of counties due to impeachment motions that have been brought forward by the County Assemblies, some succeeding while others not meeting grounds for the impeachment of a Governor as set out in the Constitution