The Challenges to The Doctrine of Separation of Powers in Kenya

Abstract

This dissertation explores the challenges that make the doctrine of separation of powers ineffective in Kenya and how they can be countered considering the historical and current political dynamics. The study further highlights instances of violation of the doctrine through Executive overreach, judicial overreach, and legislative non-compliance. It discusses the historical evolution of Kenyan’s political landscape, analyzing various salient events that have shaped Kenya’s current state of governance. It also presents a comparative analysis of various jurisdictions, identifying possible reforms to improve the doctrine of separation of powers in Kenya. USA, UK and France are examined because of their solid legal frameworks and political cultures. The findings reveal weaknesses in Kenya’s adherence to the doctrine of separation of powers whereas the recommendations put forth possible solutions. The proposed adjustments are strategized to mitigate legislative subservience and Executive dominance, thereby upholding the rule of law and promoting good governance. The study seeks to contribute to the broader discourse on constitutional reforms in Kenya, proposing pragmatic solutions for effective implementation of the doctrine of separation of powers.