Constitutional Review In Kenya: The Kenyan Independence (Article Sample)

The Kenyan Independence Constitution was fashioned along the lines of the
Westminster model. It established a parliamentary system of government with
a Prime Minister as Head of Government.
The Governor General represented the British monarch as Head of State.
The independence constitution contained the parliamentary system’s traditional safeguards for ensuring democracy and protection of individual rights. It was designed to ensure regular, free and fair elections. It was designed to ensure an independent judiciary and anon apolitical public service. By the late 19th C, however, the Kenyan constitution had been so adulterated , through amendments, and had lost both the safeguards and its original intention.
The population were dissatisfied with the removal of valuable aspects of the
Law . such factors led to the clamor for constitutional reform in Kenya.One major dissartisifaction was ;
The Dangerously Powerful Presidency
At least 16 out of the 127 sections of the constitution conferred upon the
the Presidency unlimited powers.
Further, the Kenyan President cannot be charged in criminal proceedings, nor
be sued in a civil court until he has left the presidency.
The Kenyan president Could not be impeached even for gross misconduct.
The arguments against an inordinately powerful presidency were numerous.
only a few are cited for purposes of this essay.
First, an exceedingly powerful Presidency weakens the judiciary and the legislature. it also undermined the doctrine of
separation ...