Sunday, October 26, 2014

Yash Ghai on Separation of Powers in Kenya

"Separation of Powers, Checks and Balances, and The Rule of Law"
The Star
25 October 2014
In recent months there have been major conflicts between state institutions, quarrels between Governors and Senators, the Senate and the National Assembly, the Executive and the National Assembly, Governors and members of County Assemblies. There have been spats between the judiciary and the other state institutions, while the judiciary has declared unconstitutional the acts both of the legislature and the executive. There is a real danger that if these antagonisms continue, there will be a total collapse of government institutions. Yet there is no excuse for squabbles. The constitution is clear as to their respective powers and responsibilities, and the relationship between them. These crises have arisen only because the protagonists have ignored or twisted constitutional provisions to pursue their political objectives and personal gains.  Click here to read the full article.

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