Kenya Government: In Kenya, the powers of government are traditionally divided into three main organs i.e the Executive, the Legislature and the Judiciary. The separation of powers here makes the judiciary more independent however, the legislature, which makes the laws, contains members of the executive (President and the Cabinet Ministers) who are responsible for carrying out the laws.

This is not unusual since the Ministers who are elected members of parliament, are responsible both individually and collectively to the legislature for the administration of their Ministries.

THE EXECUTIVE The Executive power is held by the President who is elected by direct popular vote for 5 years. The President is usually assisted by an appointed Vice-President and a Cabinet. The winning candidate at Presidential elections must receive no less that 25% of the votes in at least five of Kenya’s eight Provinces.

The current President is H. E. Mr. Emilio Mwai Kibaki who took over the Presidency on 30.12.2002 from ex-President Daniel T. arap Moi after the 2002 General elections.

LEGISLATURE

In Kenya, Legislative power is vested in the unicameral National Assembly with 224 members (210 elected by universal adult suffrage, 12 nominated, the Attorney-General, and the House Speaker as ex-officio members). They serve a term of 5 years, subject to dissolution of parliament.

The maximum term of the National Assembly is five years but can be extended. The President can dissolve it at any time. The National Assembly may also force its own dissolution by a vote 2/3 majority vote.

Currently, the ruling party is the National Rainbow Coalition (NARC) which won the 2002 General elections. The Party that has ruled Kenya since independence in 1963 is KANU.

Kenya has a multi-party political system with over 40 registered political parties. Kenya became a one party state in 1982 through an amendment of the constitution. However, in 1992 Section 2A of the constitution was repealed to pave way for the re-introduction of multi-party politics in the country.

THE JUDICATURE

The High Court of Kenya: This Court has unlimited criminal and civil jurisdiction at first instance, and sits as a Court of appeal from subordinate courts in both criminal and civil cases. The high Court is also a Court of admiralty. There are two Resident Judges at Mombasa and at Nakuru and one resident puisne Judge at Eldoret, Kakamega, Kisumu, Nyeri, Kisii and Meru.

Resident Magistrate’s Courts: These have countrywide jurisdiction with powers on punishment by imprisonment up to five or by fine up to K£500. If presided over by a Chief Magistrate or Senior Resident Magistrate, the Court is empowered to pass any sentence authorized by Law. For certain offenses, a Resident Magistrate may pass minimum sentences authorized by law.

District Magistrate Courts: These are Courts of First, Second and Third Class. They have jurisdiction within the Districts and powers of punishment by imprisonment for up to five years or by fines of up to K£500.

Kadhi’s Courts have jurisdiction within districts, to determine questions of Islamic Law.

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