Constitution Of Kenya Research Articles

Going Back to the Roots: Indigenous Language, Media Performance, and Change in Kenya

AbstractThe introduction of indigenous languages to Kenyan media, following pre- and post-independence realities, opened the floodgate of communications within the country, with both positive and negative consequences. Indigenous languages found expression in creative works, civic communication, and other areas previously reserved solely for English and Kiswahili. Kanana and Kinyua discuss this trajectory within the context of media liberalization, digital migration, and gains from the period of state crackdown on media to the promulgation of the 2010 Kenyan Constitution and devolution of government units reflecting traditional boundaries. Employing secondary research methodologies, they argue the advantages of indigenous languages in the media over the disadvantages highlighted in the literature.

Analysis of activism as an impetus for setting up public libraries in Kenya

Community leaders are not focused on the literacy skills of the people they lead. It can be construed that the higher the rate of a community’s illiteracy, the more difficult it is for the community to develop. A look at Kenya shows that well equipped libraries for various constituencies is abysmal. Libraries can accelerate knowledge acquisition by the public through distance education. The study uses analytic methodology to critique lack of public libraries in Kenya. Analysis of community illiteracy rate reveals that the problem can better be addressed by community members playing the part of activists. Since activism is allowed in Kenya Constitution 2010, it becomes the only recourse to impel members of parliament and county assemblies to accelerate the setting up libraries in their areas of their jurisdiction and in this regard, activism is vital for social change. This study recommends more research to be carried out in Kenya on the need for and setting up more libraries for the citizens.

The post-2010 jurisprudence on children's rights under the Kenyan Constitution

The Constitution of Kenya, 2010 provides for a comprehensive Bill of Rights that seeks to ensure the protection of rights with an emphasis on 'marginalised' and 'vulnerable' persons. A dedicated clause and other specific provisions in the Bill of Rights detail the rights for children. Since 2010 the Kenyan judiciary has adopted a progressive stance by interpreting these provisions in ways that affirm children's autonomy and agency while recognising the reality of children's vulnerability and their need for protection. The expansive provisions of the Constitution have also enabled Kenyan courts to more readily embrace systematic remedial measures, such as judicial recommendations for the reform of the applicable legal framework and implementation of new policies to give effect to rights.

PROSPECTS OF ELECTRIFYING KENYA THROUGH A MIX OF SOURCES

Electricity consumption in Kenya is about 178 kWh/capita. The country’s Vision 2030 wishes to transform it intoa middle-income economy by the year 2030. This implies that electricity consumption should rise to about 4,345kWh/capita. Kenya currently generates electricity through hydropower, geothermal power, thermal power andrenewable sources, mainly, solar and wind.The current generation capacity is 2,651MW. The projected Vision 2030 installed capacity is 64,700MW. Vision 2030 generation mix will include geothermal at 26%, nuclear at 19%, coal at 13 %, liquefied Natural Gas (LNG)at 11%, thermal at 9%, wind at 9%, hydropower at 5%, imports at 5 % and solar at 3%. The estimated cost toachieve this is US dollars 26,055,236,042.The current transmission network lines are 55,485 kilometres. This will increase to 73,355 km. This increase will cost about US dollars 3.8 billion. The current distribution network is 42,176 km. The figure is expected to be expanded to 45,876.6 km.by 2024. The expansion will cost an estimate of USD 331,269,348. This sector will have to be liberalized to remove the current monopoly by involving the national and county governments as well as the private sector. The current legislation guiding the sector is the energy Act of 2006, the new Energy Bill of 2015, the Feed-in Tariff (FiT) Policy, The National Energy Policy 2012 and the constitution of Kenya, 2010. However, to achieve the vision 2030 electricity generation, transmission and distribution all the legislation guiding energy should be tailored to encourage investors in the sector and reduce system losses.This paper also reviews the human resource and research needs of the sector. The paper also reviews the financial challenges of the development of the energy sector. USD 31,052,165,310 is needed to develop the sector to Vision 2030 standards

Possibilities of New Approaches to Gender, Security and Constitutionalism: A Living Gender Probe into Kenyan National Security Architecture in the Constitution

This paper situates itself within existing feminist constitutionalism analyses by noting that constitutions and constitutional processes are gendered and that constitutional norms may have different consequences for different genders. However, it attempts to extend these existing theories to interrogate how, if at all, feminist constitutional approaches may make credible interventions into the national security architecture given in the constitution. To this end, this paper proposes ‘living gender’ as a model of analysis. This model requires a deliberate inclusion of gender in the architectural design of constitutional institutions, which in this case, is the Kenyan National Security Framework. As with most feminist approaches, living gender is sceptical of rights-based clauses on equality and non-discrimination that do not interrogate the underlying masculine structures of constitutions. In this paper, I propose a three-pronged approach, including, ontological, locus and content concerns. To test this model, this paper uses the national security architecture in the Constitution of Kenya, 2010 as a case study.

Effect of Devolved Financial Planning on Health Care Service Delivery in Meru Teaching and Referral Hospital

The Kenyan constitution of 2010 established a decentralized structure of government that upholds health as a fundamental right for every individual. Additionally, it specifies the national governments and county governments’ responsibilities for providing health services as well as the guidelines that should guide their delivery. It became imperative to address the administration, planning, and management of health services in response to the changes after the first general elections held in accordance with the Kenyan constitution (2010) and the establishment of County Governments. Notably, numerous Counties have been plagued with colossal problems including strikes, corruption, and delayed wages that have contributed to subpar service delivery, among other things. The purpose of this study was to analyze the effects of devolved governance on health care service delivery in Meru teaching and referral hospital in Kenya. The objectives of the study were; to examine the effect of devolved financial planning on health care service delivery in Meru teaching and referral hospital, to assess the effect of devolved heath infrastructure on health care service delivery in Meru teaching and referral hospital, to explore the effect of devolved staffing on health care service delivery in Meru teaching and referral hospital and to examine the effect of Policy Framework on service delivery in Meru teaching and referral hospital. The study was based on tanahashi health model and soufflé theory of 1995, and it employed a descriptive research design with a mixed methods targeting 1996 participants comprising of health care workers, at MTReH, outpatient patients visiting the facility, and members of the Meru County Assembly. The study adopted a stratified sampling forming 10 Statas of the respondents, a simple random sampling was subjected to the respondents in their respective Statas to pick the study participant. The study utilized questionnaires for various departments in the hospital and the MCA, interview guide for hospital administrator and CEO and a focus group discussion with the patients for data collection purposes. SPSS version 28 was used to analyze the coded data. The study used both descriptive and inferential statistics for data analysis. Descriptive statistics was presented inform of Mean, frequencies and standard deviations while regression and moment correlation was used for inferential statistics, data presentation was done by use of figures and tables

Applicability of Public-Private Partnerships in the Development of Affordable Urban Housing in Kenya

The Constitution of Kenya 2010, Kenya Vision 2030, and many international commitments that Kenya is party to obligate the government to deliver decent, affordable, accessible, and quality housing for all Kenyans. Since independence, many strategies to fast-track housing development have been explored with mixed results. The annual housing demand stands at 250,000 units, with only 50,000 being developed through public and private means, hence a deficit of 200,000 units. Application of public-private partnerships (PPPs) models has been projected as the most appropriate strategy through which affordable housing can be availed in the country. PPPs address the problems related to inadequate capital, expertise, managerial, and technological applications that hinder the effective development of affordable urban housing. The study’s main focus was to evaluate the applicability of PPPs in the development of affordable urban housing. The study used the Delphi methodology of investigation, which uses iteration and building consensus to arrive at group decisions. Three Delphi rounds that involved 88 persons in three panels comprised of housing practitioners, housing financiers, and developers. It was found out during the first round that 95.5% of the panelists observed that PPPs can be utilized in the development of affordable urban housing, and 4.5% stated that they believed that PPPs may be inappropriate for the sector. It was also found out that configuring and positioning public and private players’ concerns regarding PPP models increases its applicability in the development of affordable urban housing. The main conclusion from the study is that PPP models are appropriate for the development of affordable urban housing.

Governance in Deeply Divided Societies; a Comparative Analysis of the Federal Structure of the Constitution of Kenya 2010 and Federalism in the Federal Republic of Ethiopia.

Governance in Deeply Divided Societies; a Comparative Analysis of the Federal Structure of the Constitution of Kenya 2010 and Federalism in the Federal Republic of Ethiopia.

The Contribution of Participants Representativeness at Citizen For a on Equity in Resource Allocation by County Governments of Kenya.

Public participation is an essential governance principle and a requirement for sustainable development. It has gained widespread appeal both globally and in Kenya since the passing of the Constitution of Kenya 2010. Some of the goals for conducting public participation in resource allocation include equity, efficiency, and effectiveness amongst other desirable outcomes. However, whether a given public participation forum will achieve any of these outcomes depends in part on whether the participants who attend such forums in terms genuinely represent the voices and concerns of the wider community which was the focus of this study. The study used a survey design with the members of the public who had taken part in public forums organized by county governments forming the study population for the budget making process. 491 respondents who were selected through multi-stage sampling procedure filled questionnaires while 27 county government officers were interviewed using an interview guide. The data was analysed using both descriptive and inferential statistics. The findings show that participants representativeness, has a positive and significant influence on equity in resource allocation by county governments in Kenya. The study recommends that county governments rethink their modes of invitation and mobilization to ensure that the values and priorities of the wider community and its diversity are represented in the consultation fora. This will ensure that views presented at such forums are to be useful in guiding the county authorities to allocate resources in ways that reflect intra county equity.

Applicability of public-private partnershipsin the development of affordable urban housing in Kenya

The Constitution of Kenya 2010, Kenya Vision 2030, and many international commitments that Kenya is party to obligate the government to deliver decent, affordable, accessible, and quality housing for all Kenyans. Since independence, many strategies to fast-track housing development have been explored with mixed results. The annual housing demand stands at 250,000 units, with only 50,000 being developed through public and private means, hence a deficit of 200,000 units. Application of public-private partnerships (PPPs) models has been projected as the most appropriate strategy through which affordable housing can be availed in the country. PPPs address the problems related to inadequate capital, expertise, managerial, and technological applications that hinder the effective development of affordable urban housing. The study’s main focus was to evaluate the applicability of PPPs in the development of affordable urban housing. The study used the Delphi methodology of investigation, which uses iteration and building consensus to arrive at group decisions. Three Delphi rounds that involved 88 persons in three panels comprised of housing practitioners, housing financiers, and developers. It was found out during the first round that 95.5% of the panelists observed that PPPs can be utilized in the development of affordable urban housing, and 4.5% stated that they believed that PPPs may be inappropriate for the sector. It was also found out that configuring and positioning public and private players’ concerns regarding PPP models increases its applicability in the development of affordable urban housing. The main conclusion from the study is that PPP models are appropriate for the development of affordable urban housing.

Reflections on the “Autonomous Alternative Justice System Institutions” in Kenya’s Alternative Justice Systems Policy Frameworks

On 27th August 2020, the Kenyan Judiciary together with its partners formally launched the AJS Framework Policy and the AJS Baseline Policy (AJS Policy Frameworks) which coincided with the ten-year anniversary of the promulgation of the 2010 Constitution of Kenya. The launch of the policy was awaited with huge expectations, as it was hoped that it would provide an appropriate framework for the operationalisation of “Autonomous Alternative Justice System” (AAJS) which is one of the institutions approved by the AJS Policy Frameworks to anchor Kenya’s emergent alternative justice system. This paper evaluates some of the options adopted by the AJS Policy Frameworks in the conception and implementation of the AAJS. Comparative lessons from the jurisprudence of ‘customary arbitration’ in Nigerian and Ghana, which are similar to the AAJS, are utilised to argue for more care and caution in the operationalisation of the AAJS Institutions in Kenya.

Understanding Kenyan Politics: The Case of Deputy Presidency from 1963 to 2022

According to Kenyan Constitution (2010, Section 147), the duties of the Deputy President (previously Vice President) include assisting the President with administrative tasks, representing the President in international forums, and filling any vacancies that may occur in the event that the current President passes away, is impeached, or is found guilty. The Deputy President is thus the second-highest political official in Kenya. Hence, the Vice President is Kenya’s second-highest elected office. He or she is the President’s assistant. Yet, since independence, there have consistently been disputes in Kenya between the State Presidents who have led the country successively and their deputies. This article attempts at finding the root that defines the disputes. The article also argues that while the Kenyans changed their constitution in 2010, the issue did not improve, instead, it became worse since the Deputy President is now being protected by the constitution from being dismissed by the President. Thus, continued friction has a serious impact on the lives of ordinary people. The article is hinged on desk review and some insights observed by the author as an “outsider” who resided in that country. The article is a modification of the essay developed and shared in public through the author’s blog in 2022 as Kenya prepared for its general elections. The feedback received from the readers further shaped the article in its current form. The article takes a historical approach as it tracks the key events from 1963 to 2022 with regard to the two offices in Kenya. It concludes that the problem emanated from ambitious deputies but was also amplified by the insecurities felt by the successive Presidents. The article recommends a review of the constitution to allow members of the public to decide on the fate of a deputy president in extreme cases.

Effectiveness and Usage of Various Modes of Public Participation in Kericho County, Kenya

In Kenya, devolution that is now around ten years old, gives a voice and a means to the population to participate directly in their affairs. The 2010 Kenyan Constitution prescribes public participation in public policy processes but the practicality of its implementation is complex and needs to be understood by research. This paper focused on the modes of participation available to the public in the development projects in Kericho County, Kenya. The study utilized a concurrent mixed research design. Quantitative data analysis was done using frequencies and percentages; while qualitative data was analyzed using thematic analysis. The study established that public participation in various modes was low. The various modes of public participation were; participation in budget preparation, attending diverse fora, scrutinizing records, electing project leaders, and attending seminars. The public- viewed through the lenses of the public choice theory- did not readily embrace the various modes of public participation to input into the political system- especially in this realm of development. This study recommends that the County Government of Kericho and non-state actors should develop strategize to overcome constraints imposed by the public choice theory on the public as the public input into the political system- and in particular- on the public development processes.

TACKLING BRIBERY IN ACCESSING KENYAN CITIZENSHIP: TOWARDS IMPLEMENTING AND ENFORCING ANTI-CORRUPTION MEASURES

Every Kenyan citizen has the right to acquire civic identification documents pursuant to article 12 of the Kenyan Constitution, 2010. This right allows Kenyans to apply for birth certificates, national identification documents and passports. These identification documents are crucial in proving that a person has a genuine link with Kenya which in turn unlocks their enjoyment of socioeconomic and political rights. Conversely, without identity documentation, a person’s access to socioeconomic and political rights is limited. Consequently, one may face challenges in accessing education, adequate healthcare, opening a bank account, travelling abroad, owning property, voting and vying for political posts, among others. The Department of Civil Registration Services has the mandate of registering births and deaths, while the National Registration Bureau is tasked with providing national identification documents. Reports conducted by the Ethics and Anti-Corruption Commission (EACC) and the Kenya National Commission on Human Rights (KNCHR) indicate that some applicants seeking civic identification documents were asked for bribes by some registration officials in order to acquire the documentation or expedite the process . Kenya has made positive strides towards combating corruption through enacting extensive domestic anti-corruption legislation and ratifying international and regional legislation on anti-corruption. This paper argues that, successful implementation and enforcement of the existing anti-corruption laws by anti-corruption agencies will play a major role in curbing bribery that is experienced while accessing identification documents in Kenya.

Different in colour, equal in rights

Whereas it can be argued that generally, in Kenya, there exists cogent laws that guarantee all persons the enjoyment and protection of inherent fundamental rights and freedoms, this article submits that it is not a lived reality for persons with albinism. The article focuses on the freedom from discrimination where it argues that ignorance among members of Kenyan society is the main recipe for discrimination against persons with albinism. As will be evidenced in this article, such discrimination is cross cutting and it affects the enjoyment of the rights to dignity, education and employment. This article also discusses the gains and shortfalls of the legal regime under which the rights of such persons are anchored by making reference to; the Constitution of Kenya 2010, statutes such as the Convention on the Rights of Persons with Disabilities among others. Moreover, it proposes measures to curb violations of the rights of persons with albinism such as efficient and widespread public education through the creation of awareness of the rights of persons with albinism.

An unhealthy state of affairs

Corruption has found its place not only in the society at national level but also globally. Yetunde Aluko in her article ‘Corruption in Nigeria: Concept and dimensions. Anti-corruption reforms in Nigeria since 1999’1 opined that corruption has transcended national boundaries and is therefore not a preserve of any nation, race or section of the world. Some people believe that corruption is becoming a culture and hence a way of life. Corruption has been unlawfully entrenched in our society and has become part of the society’s norms and culture. This article seeks to unravel the ‘place’ of corruption in our health facilities and how it has destabilised the health system leading to the poor implementation of Article 43(1) of the Constitution of Kenya (2010). This article suggests possible legal and societal approaches to curb the practice of corruption and ensure the right to health is progressively realised.

Policing in Kenya during Covid-19

Kenya’s policing history has for the longest time been partisan to the ruling regime. This has created a culture of brutality and disdain among members of the Kenya Police, towards members of the public whom they ought to protect and serve. Although the National Police Service Standing Orders provide that police officers shall be committed to the welfare of the public and shall maintain the highest professional and ethical standards in providing service to members of the public, recent practices and especially events that followed the Covid-19 containment measures prove the contrary. While the law makers may have been well intentioned, brutality cases on the part of the police in enforcing containment measures were recorded in several instances leading to injuries and deaths among many Kenyans, not least of which was the death in custody of our classmate Emmanuel Mutura and his brother Benson Ndwiga in Kianjakoma, Embu. Thus, this article argues that while Kenya boasts of an egalitarian transformative constitution, the most crucial entity that maintains law and order has maintained a retrogressive, non-egalitarian policing culture. Further, it advances the argument that in the long term, the police have to be trained in an egalitarian manner in order to achieve the true purpose of the Constitution of Kenya (2010).

Political integrity as irrational and hypocritical values

The progressive and transformative Constitution of Kenya, 2010 brought with it Chapter Six on leadership and integrity which outlines the integrity standards required of persons holding or intending to hold public office in both elective and appointive positions. The chapter has been deemed a reflection of the aspirations of Kenyans who are desirous to clean the country’s politics that has been riddled with corruption and abuse of power. This article particularly focuses on the integrity fitness of those seeking elective offices with the aim of interrogating and attempting to bring out the controversies surrounding political integrity in Kenya. This study is premised on the hypothesis that the integrity definition adopted by the Kenyan courts is too stringent and needs to be moderated to allow for moral frailties necessitated by liberal democracy. This moral stringency is presumed to be the reason why the integrity test is seen as limiting political rights and is not currently applied to qualify or disqualify persons running for elective office as envisaged by the Constitution. This article proceeds to make a contribution in this area of law by defining integrity in politics based on the distinctive character of politics which require ethics unique to politics and how its application need not be seen as infringing political rights by showing how democracy is adapted to a country’s unique circumstances and priorities without undermining the fundamentals of the ideal.

Structural interdicts in Kenyan constitutional law

The promulgation of the Constitution of Kenya 2010 marked the start of a new era. No longer were we a nation subject to the will of the president or left at the mercy of parliament. The Constitution, as it strongly proclaims, was the supreme law of the land towering over every other law and person. It draws this position of power from the Kenyan people as the people who elected for it to be the law that ruled over the land. It is therefore no surprise that the rights it grants the people are not only prominently placed but are subject to great protection from violation and encroachment.

Posts without ‘Functions’: A review of Article 180(5) of the Constitution of Kenya 2010 on the Position of Deputy Governors

Article 180(5) of the Constitution of Kenya 2010 provides that each candidate for election as a county governor shall nominate a person who qualifies for election as a county governor as a candidate for deputy governor. But almost twelve years after the implementation of the Constitution of Kenya 2010, questions have arisen not only on the importance of these positions but also on whether there is a need to amend the Constitution to provide for clear and substantive functions of deputy governors or even scrap off these positions altogether. To address this dilemma, this paper will begin by exploring the constitutional duties of the deputy governors. The paper will then conduct a comparative analysis of the Kenyan county governance structure and South African provincial governance structures before then critically analysing the five functions enlisted in section 32 of the County Government Act 2012. In moving from a theoretical analysis to a practical analysis of the situation, the paper will finalise by looking into case studies involving the resignation of the former Deputy Governor of Nairobi County, Paulcarp Igathe, and the ‘absence in office’ of the West Pokot’s Deputy Governor, Nicholas Owon Atudonyang. In summary, the paper finds that constitutionally, the critical mandates of the deputy governor include deputising the Governor, filling the vacancy in cases of vacancy in the Governor’s office, and promoting inclusivity in the county. However, there are still numerous gaps in the Constitution, such as the failure to fill the vacancy in the deputy governor’s office and the lack of procedure for removing the deputy governor’s office. Having been enacted after the adoption of the Constitution of Kenya 2010, it was legitimately expected that the enactment of the County Government Act 2012 will at least address these gaps. Unfortunately, a critical analysis of section 32 of the County Government Act shows that all the enlisted functions in the aforementioned provision are merely a repetition of what is provided by the Constitution, or whatever has been enlisted as functions are fundamentally inconsequential for lack of clarity and substance