CCH 302 CONSTITUTION AND GOVERNANCE

FACILITATOR LANAH CHELANGAT 0728779688

1 DEFINE THE TERM CONSTITUTION AND OTHER TERMS RELATED TO

CONSTITUTION AND GOVERNANCE

A constitution 

A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of

a polity, organisation or other type of entity, and commonly determine how that entity is to be governed.

a body of fundamental principles or established precedents according to which a state or other

organization is acknowledged to be governed.

Describe the main features of the Kenyan constitution

• Provide for the supremacy of the constitution
• Provide for national and devolved government
• Provide for national values, principles and goals
• Recognition and respect of culture
• Provide for leadership and intergrity principles
• Provide for bicameral parliament i.e senate and national assembly
• Provide for positions of president and deputy president
• Provide for an independent electorate and boundaries commission.
• Provide for public finance and revenue management
• Enhanced bill of rights and gender commission
• Provided for general principles of citizenship
• Provide for independent judiciary

GOVERNANCE
The action or manner of governing a state, organization, etc.
"a more responsive system of governance will be required"

Governance comprises all of the processes of governing

2. EXPLAIN THE HISTORICAL PERSPECTIVE, DEVELOPMENT, AND PRINCIPLES GOVERNING

THE CONSTITUTION
HISTORICAL PERSPECTIVE

This chapter traces the emergence and development of modern constitutionalism through the
lense of the changing use of the term ‘constitution’. Originally an empirical term used to
comprehensively describe the political condition of a state, ‘constitution’ increasingly lost its
non-juristic components and metamorphosed from a descriptive to a prescriptive term. In the
course of this development, it is possible to discern some features that are characteristic of the
change in meaning in political language since 1770, as the concept of the constitution became
normatively charged and ideologized. Accordingly, only an order that demonstrates specific
formal or substantive qualities may be termed a ‘constitution’. ‘Constitution’ also temporalizes
itself such that it becomes a target term that transports specific expectations that historically are
yet to be fulfilled.
Constitutional reforms in Kenya
Since Kenya gained independence in 1963  the constitution has been altered many times. During
the early years of Kenya's existence the constitution was abused by the president and the ruling
party to gain and consolidate power through the creation of a single-party state, the abolition of
secret ballots and through increasing the power and prestige that comes with being the president. 
However, more recently the constitution has been used to make Kenya more democratic through the
addition of a Prime Minister, and two Deputy Prime Ministers and the abolition of section 2A of the
constitution, which had prevented Kenya from being a multi-party state was now repealed.

History of reform
Constitutional reform in Kenya has been a major issue since Kenya gained independence. The
highlights of the evolution of Kenya's constitution can be highlighted by the following events:

 1963 – Kenya's 1963 independence constitution provides for a multi-party parliamentary

system. Jomo Kenyatta is installed as Kenya's first Prime Minister.
 1964 – Kenya becomes a republic and Jomo Kenyatta becomes Kenya's first President, with
the position of Prime Minister scrapped.
 1966 – Provincial assemblies scrapped. Senate dissolved and its members combined with
those of the House of Representatives into a unicameral National Assembly.
 1969 – New constitution adopted, consolidating amendments already made to the 1963
independence constitution, and further strengthening presidential powers.
 1976 – Constitutional amendment enabling president to pardon politicians barred from
contesting elections over electoral malpractices. Opposition to amendment the leads to the
arrest and imprisonment of Philomena Chelagat Mutai and George Anyona.
 1982 – Multi-partism is abolished making Kenya a single party state with KANUas the ruling
party. This was followed by the mlolongo system where secret-ballots were no longer used.
 1991 – President Moi in December 1991 at a KANU delegates meeting at Kasarani Stadium,
repealed Section 2A of the constitution, thereby making Kenya a multi-party state. The change
enabled the introduction of term limits to the Presidency.
 2000 – Commission for Constitutional Reform of Kenya was set up by President Moi
and Prof Yash Pal Ghai was installed as its chairman to spearhead Kenya's first major
constitutional reform.
 2005 – In November 2005, a constitutional referendum defeats government's proposed new
constitution (see below).
 2008 – In March 2008, the National Assembly of Kenya passed the Nation and
Reconciliation Accord Act that introduced a temporary change to the constitution introducing the
position of Prime Minister and two Deputy Prime Ministers.
 2009 – Parliament prioritises constitution reform through Agenda No. 4. Deliberations on
how this reforms will be tackled will be discussed in the second session of the 10th Parliament
that began in April 2009.
Previous Proposed Constitution Drafts and processes
The 1969 Constitution which replaced the 1963 independence constitution had already
been amended at least 12 times by 2010, and was widely agreed to require a major overhaul to
create a more democratic framework with greater oversight of the executive by parliament. The
constitution gave the president wide-ranging powers, provided for no prime minister, and was ill-
suited to multiparty politics, despite the 1991 repeal of a 1982 amendment that had formalised
the one-party state.
[1]

The constitutional reform process that began in 2000 led to the adoption of several competing drafts,
and a deadlock between government and opposition, until 2008.

 2004 Bomas Draft (named after the location of the constitutional reform conference that
adopted it) – Proposed transferring most of the powers of the office of the President elected by
the people to the Prime Minister that would be elected by Parliament. In addition, there would
have been checks on executive appointments. The PM would nominate MPs to become Cabinet
ministers, the President would then appoint them. All appointments would require up and down
votes by a members of the Senate.
 2005 Wako Draft (named after the Attorney General, Amos Wako) – Put forward unilaterally
by the government instead of the Bomas Draft, which it rejected. A modified version of the 1969
constitution but got rid of 25% requirement in general elections that requires the winner in the
Presidential election to have 25% in at least 5 provinces. The winner would also have to get
more than 50% of the vote, else an instant re-run would occur.
 2005 A constitutional referendum defeated the proposed constitution supported by the
government.
 Post-2005 Minimal Constitution Reform option – proposed by Prof. Yash Pal Ghai after the
failed referendum. His proposal suggested that for political and practical reasons, the best way
to achieve constitutional change would be to do it in small phases as opposed to immediate and
complete overhaul of the current system.
Constitutional drafts and processes leading up to the adoption of the 2010 text
Following the post-election violence that broke out after the controversial December 2007 elections
in which the renewed mandate of President Mwai Kibaki was alleged to be stolen, a team of
mediators led by Kofi Annan, proposed by President Kufuor of Ghana, then chair of the African
Union, pushed for a renewed constitutional review process. The National Dialogue and
Reconciliation process led to an agreement between the parties in February 2008, including the
formation of a government of national unity and other reforms. Agenda item 4 in the agreement
focused on "Long-Term Issues", including constitutional and institutional reform.
 March 2008 – The parties agree on the principles for a constitutional review process, and
Parliament establishes a Committee of Experts on Constitutional Reform to gather views from
the public, deliberate on contentious issues and come up with a draft of the new constitution. A
Constitution of Kenya Review Act 2008 governs the review process, and enters into force in
December 2008. The Committee held extensive public consultations and received many dozens
of submissions.
 November 2009 – The harmonised draft constitution written and proposed by the Committee
of Experts was released on 17 November 2009 and had the following highlights: [2]

 Transfer of executive authority from the President to the Prime Minister position who
will be the Head of Government.
 President will be the Head of State and maintain a more ceremonial role.
 Prime Minister will be the Head of Government and will be the head of the
party/coalition with a majority in Parliament – He will nominate ministers to the Cabinet.
 Half of the ministers in cabinet can be nominated from non-MPs.
 The total number of MPs will be increased from 222 to 295.
 An upper house, a Senate, will be introduced to represent the regions – the total
number of Senators will be 113.
 Devolution to the provincial level – current 8 provinces will be now referred to as
regions.
 The 8 regions/provinces will be subdivided into counties – There will be a total of 70
counties and will each be headed by executives.
 Nairobi Province will become a region and have a popularly elected Mayor as
opposed to having the city councillors elect the Mayor.
 Retention of Kadhi court system as it is in the current constitution.
 February 2010 – Following further consultation and amendment a revised text is published.
 May 2010 – On 6 May, the final text of the constitution is published, for approval by
referendum.
 August 2010 – The draft constitution text is approved by a 67% margin in a national
referendum.  The constitution is promulgated on 27 August.
[3]

 October 2010 – On 5 October, parliament establishes the Constitutional Implementation

Oversight Committee (CIOC), which is mandated to oversee the entire implementation process
of the reforms required by the new constitution.

Important Principles and Concepts in the Constitution

1. Rule of Law;
2. Supremacy of the Constitution
3. Doctrine of the Separation of Powers
4. Rights and Fundamental Freedoms
5. Independency of the Judiciary
The Rule of Law

The main function of the Constitution is to ensure the Rule of Law in the Country. The Rule of
Law means:
The Executive have no arbitrary powers over individuals except that which has been granted by
the Legislature or Common Law or other recognized rules / conventions. Also no person may be
arbitrarily deprived of life, liberty, property or detained except for a definite breach of law which
must be proved in duly constituted open Court of Law.
Equality of every citizen or person irrespective of his official or social status before the Law and
the Law is only one in kind. For example an immigration offence is the same for all travellers
whether one is from the Rich Countries – USA, UK or Poverty Stricken Poor Countries –
Uganda etc.
The rights and fundamental freedoms flow from judicial decisions; that is the law of the
Constitution is the result of the ordinary law of the land.

Supremacy of the Constitution

This means that the Constitution is the main source and force of the law in the Country. Any law
which is inconsistent with constitution is considered as null and void to the extent to which it is
contradicts with the Constitution.
No Law can be passed (legislated) which is inconsistent with the Constitution. Also the
Executive and the Judiciary perform their functions in accordance with the Constitution.
The Powers of the President and all other Public Servants are stipulated and /or defined in the
Constitution.

Doctrine of the Separation of Powers

This means that the powers of the three organs (arms) of the State must be clearly described in
the Constitution and these powers should be exercised by different persons as laid out in the
Constitution. The three arms of the State are:
The Legislature – in Kenya it is National Assembly or Parliament. It constituted by Members of
Parliament and to ex-officio (the Speaker and Attorney General). It is empowered to make Laws.
The Executive – In Kenya, this consists of the President, the Prime Minister, the Vice President
and Ministers and the Civil Servants. It is empowered to carry out all the laws by the Parliament
or the Local Authorities – by laws and effective administration of the Country.
The Judiciary – This includes the Attorney General Chambers, Chief Justice, the Judges and
Magistrates and other Professionals involved in the adjudication of justice. This ensures the
enforcement of the Laws of the land.
The theory of the Doctrine of Separation states that the legislature should never exercise
executive or judicial powers; the executive should never exercise legislature or judicial powers
and the judicial should never exercise executive or legislature powers. If this not complied with
the concentration of these powers in the same hands results in the abuse of authority and tyranny
over the people.

Rights and fundamental freedoms

Like other Democratic Constitutions, the Constitution of Kenya provides for the Rights and
fundamental freedoms of the individuals. In Chapter Four – The Bill of Rights. It lists the
following which are derived from United Nations Universal Declaration of Human Rights and
European Convention of Human Rights:
1. Right to life
2. Equality and freedom from discrimination
3. Human dignity
4. Freedom and security of the person
5. Slavery, servitude and forced labour
6. Privacy
7. Freedom of conscience, religion, belief and opinion
8. Freedom of expression
9. Freedom of the media
10. Access to information
11. Freedom of association
12. Assembly, demonstration, picketing and petition
13. Political rights
14. Freedom of movement and residence
15. Protection of right to property
16. Labour relations
17. Environment
18. Economic and social rights
19. Language and culture
20. Family
21. Consumer rights
22. Fair administrative action
23. Access to justice
24. Rights of arrested persons
25. Fair hearing
26. Rights of persons detained, held in custody or imprisoned
Independency of the Judiciary

This means that Judges and Magistrates can decide any legal case (whether criminal or Civil)
without fear or bias or favour or under any pressure from the members of the other organs of the
State – Legislature and Executive.
Independency of the Judiciary ensures the protection of individuals’ rights and fundamental
freedoms. The Judiciary is responsible for effective administration of Justice in the Country
where it protects individual against the excesses of the Government of fellow citizen / non-
citizen.

Law Systems

There are two major Law Systems (litigation processes) in the World; the Adversarial and the
Inquisitorial. Most World States practice adversarial e.g. Kenya we adopted from the former
colonialist the British; where you are presumed innocent until proved guilty.  In some European
States e.g. France the inquisitorial is practiced; where you are presumed guilty until you prove
your innocence.
The Chief Justice, the Puisne Judges, Judges and Magistrates are appointed under the law;  they
immunities and security of tenure for their jobs.

Brief history of constitutional reform in Kenya[edit]

Kenya has had two major constitutional reforms involving wholly new texts since gaining
independence: in 1969 and in 2010. In 1969, the 1963 independence constitution was replaced
with a new text that entrenched amendments already made to the system of government that the
independence constitution had contemplated.[4]
These changes included: changing the structure of the state from a federal, or Majimbo system,
to a unitary system; creating a unicameral instead of bicameral legislature; changing from a
parliamentary to a semi-presidential system with a powerful presidency; and reducing the
protections of the bill of rights. Further amendments to the 1969 constitution were later effected,
including, in 1982, the institution of a de jure single party government.[4]
The demand for a new constitution to replace the 1969 text with a more democratic system began
in the early 1990s, with the end of the Cold War and democratic changes taking place elsewhere
in Africa. The single party system was ended in 1991, and the first presidential election took
place in 1992. Calls for a comprehensive review of the 1969 Constitution intensified in the late
1990s and early 2000s, helped by the victory of the opposition National Rainbow Coalition
(NARC) party in the 2002 general elections. Official and civil society consultation processes led
to the adoption of what became known as the "Bomas draft" constitution (after the location of the
conference that adopted it).[4]
However, substantial amendments were nonetheless made to this draft prior to a referendum in
2005, resulting in a split in the then ruling coalition. The Liberal Democratic Party faction of the
government, led by Raila Odinga, and supported by KANU led a successful 'No' vote against the
amended Bomas Draft (called the Wako draft after the alleged mastermind of the changes). The
review of the Constitution stalled and negotiations over the adoption of a new text seemed
deadlocked. A deadlock only finally broken by the intervention of the African Union through a
mediation team headed by Kofi Annan, following the outbreak of serious post-election
violence in early 2008.
Drafting process for the 2010 Constitution[edit]

The Constitution of Kenya was the final document resulting from the revision of the Harmonized
draft constitution of Kenya written by the Committee of Experts initially released to the public
on 17 November 2009 so that the public could debate the document and then parliament could
decide whether to subject it to a referendum in June 2010. The public was given 30 days to
scrutinise the draft and forward proposals and amendments to their respective members of
parliament, after which a revised draft was presented to the Parliamentary Committee on 8
January 2010. The Parliamentary Select Committee (PSC) revised the draft and returned the draft
to the Committee of Experts[5] who published a Proposed Constitution on 23 February 2010 that
was presented to Parliamentfor final amendments if necessary.
After failing to incorporate over 150 amendments to the proposed constitution, parliament
unanimously approved the proposed constitution on 1 April 2010. The proposed constitution was
presented to the Attorney General of Kenya on 7 April 2010, officially published on 6 May 2010,
and was subjected to a referendum on 4 August 2010.[1] The new Constitution was approved by
67% of Kenyan voters.[2]

Government Structure[edit]

The key changes proposed by the new constitution released are in the following areas:

 Separation of Powers between the Three arms of government i.e. Executive, Legislature
and Judiciary.
 The Executive – who holds executive authority and the qualifications.[6]
 The Legislature – the composition, and representation of the people. An introduction of
an upper house – the Senate.[7]
 The Judiciary – qualations to hold office and appointment.[8]
 Devolution – only two levels of Government: National and Counties.[9]
 Citizenship – among other issues, gender discrimination was ended, and citizens who
acquire foreign citizenship will not lose their Kenyan citizenship.[10]
Gains achieved

 An advanced Bill of Rights that among other things recognizes Socio-Economic rights of
the Kenyan citizens. (Chapter Four).
 The removal of age limit of 35 years to run for president. New draft allows people to run
as long as they are of adult age. Article 137(b)
 Right to Recall legislators(Senators and Members of the National Assembly).(Article
104)
 Representation in elective bodies has to effectively meet a gender equity constitutional
requirement, namely that no more than two-thirds of members shall be from either gender in
its make up. Chapter 7, Article 81(b)
 Integrity Chapter, requires an Independent Ethics Commission to be set up that will
monitor compliance with Integrity in all government institutions and make
investigations,recommendations to the necessary authorities i.e. Attorney General and any
other relevant authority.(Chapter Six)
 An advanced Human Rights and Equality Commission that will also have power to
investigate and summon people involved in Human Rights abuses within the government and
with the public.(Article 252)
 Equitable Sharing of resources between the National government and the County
government through a resolution of Parliament. Chapter 12- Part 4.
 An Equalization Fund to improve basic access to basic needs of the marginalized
communities. (Article 204).
 Any member of the Public has a right to bring up a case against the government on the
basis of infringement of Human Rights and the Bill of Rights – Article 23(1)(2). The courts
and government institutions are bound to the Bill of Rights as per the constitution Article
2(1), Article 10(1).
 The Salaries and Remuneration Commission that is an Independent entity and has the
power of regularly reviewing salaries of all State officers to ensure the Compensation bill is
fiscally sustainable. Article 230(5).
 Independence of the Judiciary is affirmed Article 160.
 An Independent National Land Commission created to Maintain oversight and manage
all Land(Public) belonging to National and County Government and recommend policy on
addressing complaints from public,advise the National government on ways of improving
National and County land management,planning,dispute resolution. Article 67.
 Environmental Rights are recognized under Chapter 5(Part 2)
 Freedom of Media establishment from penalty on expression, by the State on any
Opinion and dissemination of media. Article 34. This is subject to the Article 33.
The Executive[edit]

The executive at the top most levels will be constituted of a president, deputy president and
the Cabinet.
Key functions of the president

 Shall be the Head of state & Head of government of the Republic of Kenya.

 Shall not be a member of parliament
 Commander-in-Chief – and will declare war and state emergency upon approval by the
National Assembly and Cabinet respectively.
 Head of Government – will wield executive authority and will co-ordinate and supervise
all major sections of the executive branch.
 Shall nominate, appoint with prior approval of the national assembly, and dismiss
Cabinet Secretaries.
 Preside over Cabinet meetings.
 Shall assent bills into law or refer them back to parliament for further review.
 Shall nominate, and after approval of Parliament, appoint a Chief Justice.
 Shall nominate, and after approval of Parliament, appoint an Attorney General
 Shall nominate, and after approval of Parliament, appoint a Director of Public
prosecution.
 Shall appoint Judges to the Superior Court recommended to him/her by an independent
Judiciary Service Commission.
 Shall appoint Ambassadors/High Commissioners to Kenyan embassies abroad.
The Legislature[edit]

The Legislative branch is bicameral and will constitute of the following An upper house – the
Senate

 Each of the 47 counties will have a Senator

 A senator will be elected by the voters.
 Tentative total number of Senators will be 60.
 Presides over presidential impeachment hearings (article 145)
A lower house – the National Assembly

 Each constituency (290 the number gazetted by Independent Electoral and Boundaries
Commission in October 2012).
 Majority of the Members of National Assembly will be directly elected by voters
 There will be a Women's Representative MP elected from each county – therefore
guaranteeing a minimum of 47 women MPs in the National Assembly.
 Tentative total number of MPs will be 347.
 Votes to investigate and impeach the president (article 145)
County Assemblies and Executive

 The country will be divided to approximately 47 counties – the counties are comparable
to the current districts.
 Each county will have a County Executive headed by a county governor elected directly
by the people and;
 A county assembly elected with representatives from wards within the county.
Judiciary[edit]
Main article: Judiciary of Kenya

There will be three superior courts:

 Supreme Court – highest judiciary organ consisting of the Chief Justice, the Deputy

Chief Justice and five other judges. This court will handle appeals from the Appeals and
Constitutional courts. It will also preside over presidential impeachment proceedings.
 Court of Appeal – will handle appeal cases from the High Court and as prescribed by
Parliament. It will constitute not less than 12 judges and will be headed by a president
appointed by the chief justice.
An independent Judicial Service Commission has been set up to handle the appointment of
judges. They will recommend a list of persons to be appointed as judges by the president (this
article will be enforced after the transitional period). The commission will consist of the
following:

 A Supreme Court judge – elected by members of the Supreme Court to chair the

commission
 Court of Appeal judge – elected by members of the Court of Appeals to chair the
commission
 The Attorney-General
 Two advocates, one a woman and one a man, each of whom has at least fifteen years'
experience, nominated by the statutory body responsible for the professional regulation of
advocates
 One person nominated by the Public Service Commission.
Attorney General
 Shall be appointed by the president – with approval from the National Assembly
 Hold office for only one term of not more than 6 years.

Devolution[edit]

Devolution to the county governments will only be autonomous in implementation of distinct

functions as listed in the Fourth Schedule (Part 2). This is in contrast with the Federal System in
which Sovereignty is Constitutionally divided between the Federal government and the States.
The Kenyan Devolution system still maintains a Unitary Political Concept as a result of
distribution of functions between the two levels of government under the Fourth schedule and
also as result of Article 192 which gives the president the power to suspend a county government
under certain conditions.
A conflict of laws between the two levels of government is dealt with under Article 191 where
National legislation will in some cases override County legislation. The relationship between the
National Government and the Counties can be seen as that of a Principal and a limited autonomy
Agent as opposed to an Agent and Agent relation in the Federal System.
More checks and balances have been introduced as requirements for accountability of both levels
of government. The Parliament( Senate and National Assembly) has much discretion on the
budgetary allocations to the County Governments. Every Five years the Senate receives
recommendations from the Commission of Revenue Allocation (Article 217) and a resolution is
passed on the criteria for Revenue allocation.
The National Government is constitutionally barred from intruding wilfully with the county
government role and function under the Fourth Schedule. Exceptions may require parliamentary
approval (Article 191 and 192). The National Government has a role to play in the County level
by performing all the other functions that are not assigned to the County Government as listed on
the Fourth Schedule (Part 1).

3 UNDERSTAND AND DISTINGUISH THE PARLIAMENTARY SYSTEM OF

GOVERNANCE AND FEDERAL SYSTEM OF GOVERNANCE.

Governance: Understanding the parliamentary system

NASA chief Raila Odinga stands during the national anthem before a news conference in Nairobi on the

results of the August 2017 elections, January 26, 2018. /Reuters

Raila Odinga wants to see a parliamentary system reintroduced. It has been pointed out many times that ODM
were at least complicit in the shift to a presidential system, when MPs met in Naivasha to review the Committee
of Experts draft in 2010.

However, let’s move on. Parliamentary systems are not all the same. Generally, the essence is that the leader of
government, usually called the Prime Minister in English, is a Member of Parliament, and the person who has
managed to get the support of the largest number of MPs (usually the leader of the largest party in Parliament).
Ministers also usually have to be MPs. The other side of the coin is the basis of being Prime Minister is having
the majority support in Parliament is that, if the person ceases to have that support, he or she can be removed
by a vote of the MPs.

There is usually another person, a king, queen or president, who is the head of state but not of government.
That person normally has very limited powers, most of which have to be exercised only on the direction of the
Prime Minister. The head of state is these days expected to be non-party political and a national unifying force.

Almost every Kenyan draft Constitution, from the Constitution of Kenya Review Commission draft to the
second CoE draft of early 2010, recommended a parliamentary system. The exception was the ‘Wako draft’ (the
government mutilation of the Bomas draft, after Mwai Kibaki’s 2002 election victory converted him to a
presidential system supporter). This proposed a presidential system though with someone called Prime
Minister, who did what the President wished, while the President was head of government

Arguments made in favour of this sort of system include that it is more likely to produce a head of government
from one of the smaller communities. This is presumably because a Prime Minister will usually be a person who
has emerged at the head of a party, having probably served as an MP for some time, even as a minister. They
have won the support of the party by their abilities and experience. On the other hand, a candidate for direct
election as President may have no experience and is likely to have emerged because of their chances of
appealing to the majority of the voters — the assumption in Kenya being such a person is likely to be from a big
community.

Secondly, it is sometimes thought that the electoral process in a parliamentary system may not generate the
same bitterness and tension as we see when the fight is for the position of the President: Seen as the ultimate
prize for ambitious, and perhaps greedy, Kenyans. In most parliamentary systems, people vote just for their
local MPs: It is the outcome of all those individual voting decisions that produces the make-up of Parliament
that itself produces the Prime Minister.

Maybe there is some feeling that a party is less likely to accept as its leader a ruthless person (who might be a
serious candidate for directly elected President). When ministers are MPs, there is a close connection between
the Executive and the Legislature. And a Prime Minister who chairs a Cabinet of long-standing party colleagues
might resist any temptation to become too autocratic, especially because those colleagues have good
parliamentary and party links, and would be able to orchestrate rebellion with the party or the House. The
approach should be cooperative and collegiate.

The system allows MPs to get experience in government, perhaps reducing the chances of the totally inept being
elected to head government. It has been used, however, to buy support by making many MPs ministers. This is
why our Constitution limits the number of ministers (CSs) — even though now MPs cannot be CSs.

The CKRC wanted most ministers to come from outside Parliament. They hoped this could produce technocrats
in government. Also, people commented that ministers/MPs rarely appeared in Parliament and neglected their
constituencies

THE BOMAS DRAFT

Under that draft, the President had a number of functions that go further than most heads of state in
parliamentary systems. But they were not everyday administrative functions. They were mostly designed to be
part of the system of checks and balances intended to keep every element of the system within their proper
bounds.

President Uhuru Kenyatta’s State of the Nation speech the other day also involved the presentation of the
annual ‘Report on the Realisation of National Values’. The origin of this report lies in the Constitution drafts
that established a non-executive President. It was designed to involve a genuine evaluation by that President of
government’s performance, rather than a self-congratulatory catalogue of projects.
 The President could also suggest new laws, but had no way of ensuring they were passed. The President would
also have had some role in identifying the new PM after an election. (It might in fact be better to leave this to a
vote of the National Assembly once the composition of the House was clear.)

Under Bomas, the President could also propose that the PM be dismissed — but that could only happen if 50
per cent of all the MPs voted in favour, just as if an individual MP had moved the same motion.

A Cabinet decision could not be implemented unless signed by both PM and President. -That seems to go too
far. The same is true of the provisions that the Prime Minister, ministers and others could not leave Kenya
except with the leave of the President. Each might spark conflicts and deadlock.

VOTING IN A PARLIAMENTARY SYSTEM

In most parliamentary systems, a voter commonly considers three factors: First, which party does he or she
wish to support, considering the parties’ policies and philosophies. Second (maybe even first) is the personality
and competence of the party leader — who would be PM if the party won. And third is the calibre of the
individuals standing for election in the constituency: Have they been or will they be a good constituency MP?
The last is not relevant in system where one votes for party lists and not for local representatives (like South
Africa).

HOW WOULD IT WORK IN KENYA?

Do our parties actually have policies and philosophies? At present it seems voters focus more on the leaders,
and whether they are ‘one of us’ — or at least supported by ‘our leader’— rather than on the candidates’ qualities
and potential for good leadership, let alone policies. Will that change? Will parties under a parliamentary
system produce leaders — or, as now, leaders produce parties?

Will leaders — and their fan clubs (or parties) — be any less likely to rely on ethnic support, and any less
tempted to stir up support on that basis? Will they be any less prone to bribe voters, whether by the improper
use of public resources or by the use of outright bribes?

Arguably, changes will come about only if the spoils of office cease to be as tempting as they are now. As long as
the quickest way to get rich is by plundering the state, and far too many aspiring ‘leaders’ can see no worthwhile
career for themselves other than in politics, the prize of high office will prove to be so attractive that it will be
impossible for them to resist all sorts of ethic manipulation and underhand practices that totally undermine any
system and its supposed constraints and checks and balances.

Already, there are constitutional provisions that parties cannot be based on religion, ethnicity, regional basis,
hatred of others, or engaged in bribery and other forms of corruption (Article 91( 2 )). These are cheerfully
ignored by the relevant groups and parties — the Registrar of Parties, party leaders and their parties. Why
would things change?

The supposed restraining influence of working in a collective Cabinet with close colleagues may equally cease to
operate if bribery — rather than appeals to collegiality, and quality of policies and leadership — continues to be
the dominant safeguard for leaders

In Summary

 We can create two posts of deputy PMs which will bring regional and tribal
balance.
 The imperial powers of the president and obsession with powerful presidency
as a panacea to our challenges will be minimised.
As a growing democracy, there is a lot that Kenya can learn from other countries to achieve electoral
justice and harmony, just as we borrowed heavily from United States and South Africa in drafting our
Constitution.

Looking at the founding of nations of Israel and Germany, there are a lot of similarities as contrasts also
abound.

The countries were ‘newly’ created nearly at the same time. Israel was crafted as a new state in 1948 and a
new Germany in 1949, both after Second World War. One was the oppressor and the other the victim.

BASIC LAW

Though they are miles apart, The Basic Law (the constitution guiding the two countries) emphasises
balance of power between the executive led by the Prime Minister (Israel) or Chancellor for Germany’s
case and President who is the head of state.

In essence, the two countries practice parliamentary democracy.

Parliamentary system is good for countries that are ethnically, racially, religiously or ideologically divided.
It has helped to stabilise these nations.

Studies have shown that no third world presidential system has successfully made the transition to
democracy without experiencing coups, bloody wars, or constitutional breakdown.

World Bank notes that parliamentary system is less associated with corruption because its watchdogs are
strong and parties are banking on character of MPs to make it back to Parliament.

CREATES

In addition, parliamentary system creates a strong party discipline between the executive and the
legislature. The president and other executive administrators are apolitical and are only called to answer
to areas touching on their areas of administration.

Any involvement in politics or influencing political direction results in impeachment/vote of no

confidence in the Senate for president and National Assembly for ministers and other bureaucrats
respectively.

Moreover, parliamentary system brings inclusiveness as the president heads the state, chief justice heads
judiciary and PM the executive. Then we have the two speakers-National Assembly and Senate.

In addition, for Kenyan case, we can create two posts of deputy PMs which will bring regional and tribal
balance.

One deputy PM to head Ministry of Public Service and coordination of national government functions
while the other one to head Ministry of Devolution and coordination of the functions of county
governments.
The parliamentary can also ease the nomination of representatives in both parliament and county
assemblies by allowing voters to vote for their preferred party during elections.

This will strengthen political parties, forcing them to conduct fair and credible nominations, and to
respect the will of voters.

The imperial powers of the president and obsession with powerful presidency as a panacea to our
challenges will be minimized

The Federal System of Government

A federal system of government is one that divides the powers of government between the national (federal)
government and state and local governments. The Constitution of the United States established the federal
system, also known as federalism. Under federalism, each level of government has sovereignty in some areas
and shares powers in other areas. For example: both the federal and state governments have the power to tax.
Only the federal government can declare war.

What is a federal system government?

Federalism and the federal system define the basic structure of American government. There were many
disagreements at the Constitutional Convention. Many delegates feared a national government that was too
strong and many delegates feared that states’ rights would merely continue the weak form of government
under the Articles. The Constitution created a federal system of government (federalism) as a compromise.
Under federalism, power is shared and divided between national and state governments. Both levels have their
own agencies and officials and directly affect the people. The Founding Fathers really had no other choice
except federalism. The weak union created under the Articles would not work yet people did not want to give
all the power to a national government. Federalism was the middle ground–compromise–a way to distribute
authority between the states and the national government

What was the advantages of a federal system of government?

The powers are limited.

I learnt that the “individual” was the top-most focus of the American society. Every policy devised at the official
level would firstly think how it would benefit or affect the individual living inside the American state. In our
society, there is greater emphasis on family, society and the country but a lot of attention in the US is paid to
individual liberty. The state tries to ensure all forms of liberty for the individual. This includes the freedom of
religion. Every individual is free to practice whatever religion he or she prefers. However, there is no state
religion in the US. The government does not have a religion or does it pursue any policy, including the foreign
policy, on the basis of religion. There are no religious parties in the US.

Another important area of individual liberty enshrined in the US Constitution is the freedom of speech and
cultural expression. While everyone is allowed to independently articulate their views, people are expected to
refrain from making hate speeches.

There is also freedom of information. The government of the United States cannot put any curbs on the media.
Interestingly, there is no Ministry of Information in the United States. The media is largely independent and free
from official control. All media outlets are under private ownership which keeps ascertaining public opinion
about their interest in different issues through opinion polls and surveys. The US media rarely discusses the
country’s foreign policy. A lot of attention is paid to domestic issues by the media because not many people in
the US take a keen interest in foreign affairs. Newspapers and TV channels keep the interest of their readers and
viewers supreme and they avoid printing and broadcasting such material which fails to attract public attention.

The government structure in the US is not centralized. The country is divided into independent federal, state
and local governments. There are fifty states in the US but all of them have different constitutions, separate
laws and state flags. Several laws, including those pertaining to death penalty, gay and lesbian marriages or age
of eligibility to use alcoholic drinks, differ from one state to the other. For example, death penalty is legal in
New York but it is illegal in Florida. In the same way, punishment for one offense could also be different from
one state to the next state.

Unlike Pakistan, the President of the United States does not appoint the governors of American states nor does
he influence them. They are elected by the voters inside the states and enjoy full independence in terms of
pursing state policies. The states in the US are so much powerful that they can even negotiate international
trade deals with other countries provided that they do not clash with the interests of the US federation.

The American states are empowered to impose taxes on the citizens. Mr. Elias informed us that 90% of state
budget in the US comes from public taxes while the government accounts for only 10% of the budget.

Another classic example of decentralized American federal system are the local governments. The local
governments are also autonomous and powerful to impose taxes. The county police chief is elected. He is so
powerful that even the President of the US cannot pressurize him. Thus, he is expected to perform well if he is
interested to seek a new term for the same office. There is no national education policy in the US. Every county
and state has its own education policy. Every county is divided into a school district. The federal government’s
contribution to the total education budget of the states is barely 6% while the remaining budget is paid by the
states themselves.

The US federal government has four mandates which can not be take away from it under the US constitution.

1- Defense

2- Foreign Policy

3-Management of dollar

4-Inter-state commerceThe US has a bicameral presidential system comprising of the House of Representatives,
the lower house with 435 members, and the US Senate, the upper house with 100 seats. Presently, the
Democratic Party of President Barrack Obama has 255 seats in the lower house while the Republicans have 178
seats. Two other seats are currently vacant. Representation in the House of Representatives is given to the
states on the basis of population. At the moment, California, the most populated state of the US, has 53 seats.
The Senate provides equal representation to all states.

Courts of the United States

“Court of the United Sates” includes the Supreme Court of the United States, courts of appeals, district courts,
Court of International Trade, and any court created by Act of Congress the judges of which are entitled to hole
Office during good behavior. 28 U.S.C.A. ~ 451. Also, the senate sitting as a court of impeachment.

Supreme court
An appellate court existing in most of the states. In the federal court system, and in most states, it is the highest
appellate court or court of last resort. In others (such as New York) the supreme court is a court of general
original jurisdiction, possessing also (in New York) some appellate jurisdiction, but not the court of last resort.

Supreme court of errors. Formerly, the court of last resort in Connecticut, now called “Supreme Court”.

The “Judicial power of the United States”, whatever it may be, is vested in the Supreme Court and in such other
courts as Congress may establish. But the composition of the Court, including the number of its members, is left
for congressional decision; and, while federal judges cannot be removed except by impeachment, there is
nothing to prevent Congress from creating additional judgeships whenever it chooses. Furthermore, although
the judicial power “extends” to a variety of cases described in Article III, section 2, the second paragraph of that
section significantly qualifies what the first seems to have granted, and gives Congress power to control the
Supreme Court’s jurisdiction over appeals from lower courts.

By the way its famous section 25 gave the Supreme Court power to reverse or affirm state court decisions which
had denied claims based on the federal Constitution, treaties or laws. This meant that such cases could be
reached by the Supreme Court through its appellate jurisdiction.

But suppose a state court had denied such a claim under the federal Constitution and the Supreme Court of the
United States reversed on the ground that the state court’s interpretation of the Constitution was in error. And
suppose further that the state court obstinately continued to insist upon its own interpretation. Was there
anything in the Constitution to guarantee that the Supreme Court’s opinion would prevail, that the Supreme
Court’s authority was superior to state courts? Or suppose, to carry the matter a step further, that the state
court had a federal law invalid as conflicting with the national Constitution and the Supreme Court agreed with
this holding, thus asserting its authority to overthrow an act of Congress. Does the Constitution make it clear
that the Court has his final authority of “judicial review” over national legislative enactments?

The answer to both questions is a fairly solid “no”. As for state decisions it has been argued that the “supreme
law of the land” clause and the clause extending the judicial power to cases arising under the Constitution do
make it clear that the Supreme Court was intended to be preeminent on questions of constitutional
interpretation. If the Constitution is supreme and the Supreme Court has jurisdiction over cases involving the
Constitution, then it follows that the court’s word on such matters is paramount over all others.

The fact that the Constitution is supreme does not settle the question of who decides what the Constitution
means and as for judicial review of congressional acts, the support in the language of the Constitution was even
more suppositious. Arguments for the authority derived solely from that language seem inevitably to beg the
question.

Supreme Court of the United States. The U.S. Supreme Court comprises the Chief Justice of the United States
and such number of Associate Justices as may be fixed by Congress. Under that authority, and by virtue of the
act of June 25, 1948 ( 62 Stat. 869; 28 U.S.C.A. 1), the number of Associate Justices is eight. Power to nominate
the Justices is vested in the President of the United States, and appointments are made by and with the advice
and consent of the Senate. Article III, section 1, of the Constitution further provides that “the Judges, both of
the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times,
receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office”
(unless appointed during a Senate recess). The term “good behavior” is well understood to mean justices may
serve for the remainder of their lives, although they can voluntarily resign or retire.

Supreme Judicial Court. Highest appellate court in Maine and Massachusetts.

Courts of Appeals, U.S.

Intermediate appellate courts created by Congress in 1891 and known until 1948 as United States Circuit Courts
of Appeals, sitting in eleven numbered circuits, the District of Columbia, and the Court of Appeals for the
Federal Circuit. Normally cases are heard by divisions of three judges sitting together, but on certain matters all
the judges of a circuit may hear a case. Courts of Appeals have appellate jurisdiction over most cases decided
by United States District Courts and review and enforce orders of many federal administrative bodies. The
decisions of the courts of appeals are final except as they are subject to discretionary review on appeal by the
Supreme Court.

Court of Appeals for the Federal Circuit. Federal court, established in 1982, with appellate jurisdiction over
actions arising under the laws relating to patents, plant variety protection, copyrights, trademarks, contract and
property claims against the United States, appeals from the United States Claims Court, Patent and Trademark
Office, the United States Court of International Trade, the Merit Systems Protection Board, the Court of
Veterans Appeals. As well as appeals under the Plant Variety Protection Act, the Contract Disputes Act,
decisions by the United States International Trade Commission relating to unfair import practices, and decisions
by the Secretary of Commerce relating to import tariffs 28 U.S.C.A. ~ 1295.

District courts.

Each state is comprised of one or more federal judicial districts, and in each district there is a district court. 28
USCA ~ et seq. The United States district courts are the trial courts with general Federal jurisdiction over cases
involving federal laws or offenses and actions between citizens of different states. Each state has at least one
district court, though many have several judicial districts (e.g. northern, southern, middle districts) or divisions.
There is also a United States district court in the District of Columbia. (A territory situated on the Potomac river,
and being the seat of government of the United States. Legally it is neither a state nor a territory, but is made
subject, by the Constitution, to the exclusive jurisdiction of congress. )

In addition, the Commonwealth of Puerto Rico has a United States district court with jurisdiction corresponding
to that of district court in the various States. Only one judge is usually required to hear and decide a case in a
district court, but in some kinds of cases it is required that three judges be called together to comprise the
court (28 USCA ~2284). In districts with more than one judge, the judge senior in commission who has not
reached his seventieth birthday acts as the chief judge.

Also, name for interior state courts of record having general jurisdiction.

District judge. The judge of a United State district court; also, in some states, the judge of a district court of the
state.

District parishes. Ecclesiastical divisions of parishes in England, for all purposes of worshop, and for the
celebration of marriages, christenings, churchings, and burials, formed at the instance of the queen’s
commissioners for bulding new churches.

Court of International Trade.

This federal court was originally established as the Board of United States General Appraisers in 1890, and in
turn was superseded by the United States Customs Court in 1926.

In 1956 the Customs Court was established as an Article III court. The Customs Court Act of 1980 constituted
the court as the United States Court of International Trade and revised its jurisdiction. As so reconstituted, the
court has jurisdiction over any civil action against the United States arising from federal laws governing import
transactions and also jurisdiction to review determinations as to the eligibility of workers, firms and
communities for adjustment assistance under the Trade Act of 1974. Civil actions commenced by the United
States to recover customs duties, to recover on a customs bond, of for certain civil penalties alleging fraud of
negligence are also within its exclusive jurisdiction.

The court is composed of a chief judge and eight judges, not more than five of whom may belong to any one
political party.

The 14 amendment
The due process clause, which appears in both the Fifth Amendment as a limit on the nation and the 14
Amendment as a limit on the states, had usually been interpreted as having only a procedural meaning. That is,
it did not prevent government from depriving a person of life, liberty or property, but simply guaranteed that
certain standard procedures would be observed before a person was so deprived.

Even though was an ambiguity of Constitution language, an ancient Supreme Court judge, Mr. Campbell, has
argument that the 14 Amendment had revolutionized the American system by bringing the right of man,
including of course the right to occupational freedom, under national judicial protection.

The term “due process” has the same meaning in both the Fifth and the Fourteenth Amendments, and it follows
that the prohibitions announced against state action were usually presumptively applicable to national laws as
well, if Congress might venture to enact them.

During most of its history the Supreme Court had paid little attention to the subject of “civil rights”. The Bill of
Rights, it will be remembered, had been held inapplicable to the states in 1833. That meant that free expression
(Amendment I) and the personal procedural rights connected with arrest and trial ( Amendments IV- VIII) could
be abridged by the states without raising a federal constitution question.

In 1884 it was held in Hurtado v. California that the due process clause did not require the states to conform to
the Bill of Rights in their criminal procedures, and as late as 1922 the Court denied that the amendment
restricted the states in dealing with freedom of expression. According to the states, they were for some time
relatively unconfined by the constitutional doctrine in the civil rights field. On the other hand the national
government had so far had little occasion to encroach on civil rights except in wartime, for police regulation
(règlement de police) that raised questions of this kind was left almost exclusively to the states.

Schenck v. United States involved a federal law, and the question of wether the free speech guarantees applied
to the states by the way of the Fourteenth Amendment was still comparatively untouched. However, the Court
in 1925, confronted by a New York law punishing “criminal anarchy”, declared “we may and do assume” that
freedom and press “are protected by the due process clause of the Fourteenth Amendment from impairment
by the States.”

Procedural rules were sometimes interpreted rather generously in other areas as well. The right against
“unreasonable searches and seizures” (Amendment IV) did not avail, for example, to prevent federal officers
from searching the premises of an arrested person even though they bore no warrant to conduct the search
and there had been ample time to get one before making the arrest. Evidence obtained by wiretapping was not
admissible in federal tribunals because wiretapping was forbidden by federal statute, but the Court steadily
refused to hold that wiretapping violated the Fourth Amendment, and it allowed the admission of evidence
obtained by various hidden listening devices like radio transmitters.
In the field of deportation and denaturalization, the Court established the important principle that the man
threatened by deportation or denaturalization was entitled to some procedural rights under the due process
clause. By the 1930s the Court had clearly accepted the idea that some procedural rights protected against
national action by Amendments IV-VIII, were also protected against state action by the Fourteenth Amendment.

I want to introduce a field which was a big issue for the Supreme Court during the postwar period. America’s
primary racial minority, the Negroes, lagged so patently and woefully behind the rest of the nation in their
privileges: this problem seemed the greatest because it involved the most glaring injustice. The XIV and XV
amendments were passed originally to secure Negro rights, though the other former amendment had been
diverted to other uses. Consequently the Supreme Court justices were conscious of United State’s position as a
symbol of the free world and of the new importance of the “non-White” nations in the world arena.

There were two kinds of race discrimination that mattered more than any of the rest: denial of the voting right
and denial of adequate education.

Missouri ex rel. Gaines v. Canada, 305 U.S. 337 (1938)[1], was a United States Supreme Court decision holding
that states that provide a school to white students must provide in-state education to blacks as well. States can
satisfy this requirement by allowing blacks and whites to attend the same school or creating a second school
for blacks.

The Law School at the University of Missouri refused admission to Lloyd Gaines because he was an African-
American. At the time there was no Law School specifically for African-Americans within the state. Gaines cited
that this refusal violated his Fourteenth Amendment right. The state of Missouri had offered to pay for Gaines’
tuition at an adjacent state’s law school, which he turned down.

In the 19-th century the Court had diminished the possible effect of the Fourteenth Amendment by denying
that Congress could reach private persons under the enforcement clause, and by upholding state-required
segregation of races.

The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides
that “no state shall … deny to any person within its jurisdiction the equal protection of the laws”. This means
that the amendment has no bearing on private discriminatory behavior and that Congress (XIV Amendment
prevented states from denying basic civil rights and gave Congress the power to enforce its guarantees of
liberty and equality) extends only to states and to state officials acting under state law.

The Missouri case that note was finally sounded loud and clear. In accordance with the casual standards
acceptable in the past, Missouri had never bothered to establish a Negro law school, although it did maintain
one limited to whites. Now a Negro student, duly qualified except for his color, sought entrance to this
University of Missouri law school and was of course denied. The state came out with the fact that there were
too few Negro applicants to warrant the setting-up of a special school; and that, pending the day when the
number of such applicants would be substantial; Missouri had done its constitutional duty by offering to pay
this Negro’s tuition at a university in another state.

But these evasions, though once serviceable enough, did not impress a Court now coming alive to the problem
of civil rights on many fronts.

We can say that the Missouri decision signaled a new judicial mood toward Negro rights. It was followed in the
next twenty years by the development of an elaborate jurisprudence of equality extending into a large variety
of fields.
Federalism
Federalism is the mixed or compound mode of government, combining a general government (the
central or 'federal' government) with regional governments (provincial, state, cantonal, territorial or
other sub-unit governments) in a single political system. Its distinctive feature, exemplified in the
founding example of modern federalism by the United States of America under the Constitution of
1787, is a relationship of parity between the two levels of government established.  It can thus be
[1]

defined as a form of government in which there is a division of powers between two levels of
government of equal status. [2]

Federalism differs from confederalism, in which the general level of government is subordinate to the
regional level, and from devolutionwithin a unitary state, in which the regional level of government is
subordinate to the general level.  It represents the central form in the pathway of regional integration
[3]

or separation,  bounded on the less integrated side by confederalism and on the more integrated
[4]

side by devolution within a unitary state. [5]

Leading examples of the federation or federal state include India, the United States, Brazil, Mexico,
Russia, Germany, Canada, Switzerland, Argentina, and Australia. Some also today characterize
the European Union as the pioneering example of federalism in a multi-state setting, in a concept
termed the federal union of states. [6]

4 DISCUSS THE ELECTORAL SYSTEM OF KENYA.

Electoral Process in Kenya
 By Emma Kinya.

1. INTRODUCTION
This paper studies the electoral process in Kenya. In so doing, it evaluates the functionality of
Kenya’s electoral system by analysing the electoral process on the basis of its structure and
general performance. It deploys some of the widely used indicators including: – electoral
participation; party structure, organization, powers and numbers.[1]
Specifically, this paper analyses the body of political rights and the legal procedures that are
designed to attain those rights in the context of Kenya’s legal framework. According to Black’s
Law Dictionary, political rights are the rights that involve participation in the establishment or
administration of a government.[2] These rights are usually held to:
 entitle the adult citizen to exercise her right to franchise/vote
 entitle a person to hold public office
 to participate in other political activities.[8]
In scope, this paper covers – Kenya’s legislation on political rights and elections. The paper will
analyse the essential components of elections law including: – the electoral body; voting rights;
rights to holding political office; different political offices and qualifications of candidates ;
structures and powers of political parties ; the strengths and weakness of Kenya’s electoral
system ; and possible areas for reform.
 
2. LEGISLATION ON ELECTIONS
The following laws directly govern the electoral process in Kenya:-
a)      The Elections Act, 2011 ;
b)      The Election Laws (Amendment) Act, 2016.
c)      Elections Offenses Act, 2016.
d)     The Political Parties Act, 2011 ;
e)      The Independent Electoral and Boundaries Commission Act, 2011 ; and
f)       The Constitution of Kenya, 2010.

The Constitution of Kenya, 2010.

The Constitution establishes the electoral body.[4] It has also provided for political rights [5] and
means for redress where those rights are violated.[6] The Constitution further grants authority to
Parliament to enact substantive legislation governing the electoral process in Kenya.[7] The
Constitution provides that Parliament shall enact legislation to provide for:
the delimitation by the IEBC of electoral units for election of Members of the National Assembly
and County Assemblies; the nomination of candidates; registration of voters; the conduct of
elections and referenda; and the progressive registration of citizens residing outside Kenya.
[8]
Pursuant to the above requirement, the following Acts have been enacted to govern the
electoral system in Kenya :- The Constitution of Kenya 2010 ; The Elections Act, 2011 ; The
Political Parties Act, 2011  and The Independent Electoral and Boundaries Commission Act,
2011.[9] These statutes will be discussed later in detail.
 
3. THE ELECTORAL BODY (IEBC).
i. Establishment of the IEBC
The IEBC is the electoral body in Kenya.[10]It is established under article 88 (1) of the
Constitution.[11] The Constitution provides that the Commission is responsible for conducting or
supervising referenda and elections to any elective body or office established under the
Constitution and any other elections as prescribed by an Act of Parliament.[12]
ii. Functions of the IEBC
Generally, the Commission is responsible for conducting or supervising referenda and elections.
[13]
 The Constitution further provides for specific functions of the commission as :-  continuous
registration of citizens as voters; regular revision of the voters’ roll; delimitation of
constituencies and wards; the regulation of the process by which parties nominate candidates for
elections; the settlement of electoral disputes, including disputes relating to or arising from
nominations but excluding election petitions and disputes subsequent to the declaration of
election results; the registration of candidates for election; voter education; the facilitation of the
observation, monitoring and evaluation of elections; the regulation of the amount of money that
may be spent by or on behalf of a candidate or party in respect of any election; the development
of a code of conduct for candidates and parties contesting elections; and the monitoring of
compliance with the legislation required by Article 82(1)(b) .i.e. legislation on nomination of
candidates by parties.[14]
iii. Composition and appointment of commissioners
The IEBC Act provides that the Commission shall consist of a chairperson and eight (8) other
members.[15] The procedure for appointment of chairperson and members of the Commission
shall be in accordance with the procedure set out in the First Schedule.[16] The Schedule requires
the President to appoint a Selection Panel[17] which shall invite applications and publish names of
all applicants.[18] The Panel is then required to consider the applications, shortlist and interview
the applicants.[19]
After the interviews, the Selection Panel is required to select three persons qualified to be
appointed as chairperson and thirteen persons qualified to be appointed as members of the
Commission and forward these names to the President for nomination of one person for
appointment as the chairperson and eight persons for appointment as members. The President is
then required to forward the list to the National Assembly for approval. [20] Upon consideration
and approval, the National Assembly forwards the names to the President for appointment.[21]
The Constitution provides that a person is not eligible for appointment as a member of the
Commission if the person has, at any time within the preceding five years, held office, or stood
for election as:- a Member of Parliament or of a County Assembly; or a member of the
governing body of a political party; or holds any State office.[22] A member of the Commission
shall not hold another public office.[23]
iv. Code of Conduct for members and staff of the Commission
The Constitution provides that in every election, all candidates and all political parties shall
comply with the code of conduct prescribed by the Independent Electoral and Boundaries
Commission.[24] The Fourth Schedule to the IEBC Act contains the Code of Conduct for
members and staff of the Commission.[25] This schedule also applies to referenda as well.[26] The
Code is fairly comprehensive. It does not only serve to strengthen the professionalism of
employees of the IEBC but also creates obligations to political parties and referendum committee
officials and candidates to adhere to the values and principles of the Constitution.[27] The Code
requires the Commission’s employees to conduct themselves with integrity and neutrality. [28]The
Fourth Schedule also lays emphasis on the professionalism of the members of the Commission.
All members are expected to perform their duties in a manner that maintains public confidence
and to discharge their duties in a professional and efficient manner and respect the rights and
freedoms of all persons.[29]
The Schedule also prescribes and dictates a comprehensive Code that the members and
employees of the Commission ought to adhere to.[30]The ethics and integrity standards stipulated
include: – independence of members, professionalism, disclosure of conflicting interests,
improper enrichment, Integrity in private affairs, no sexual harassment, and no nepotism among
other standards.[31] In addition to the above standards, the provisions of the Public Officers Ethics
Act shall also apply.[32]
v. Financing of the commission
The IEBC is funded by the Government through parliament under an independent budget that is
no longer tied to the Ministry of Finance. Parliament is under the duty to allocate adequate funds
to enable the Commission to perform its functions.[33] Other funds of the Commission consist of
other monies such as grants, gifts, donations or other endowments given to the Commission.[34]
vi. Accountability of the Commission
The IEBC is required to observe all reporting procedures on its operations as well as financial
regulations and accounting procedures in the management of its funds. The Commission in this
respect is required to present its annual report to the President and submit the same to Parliament
within three months after the end of each year.[35] The annual report shall contain the financial
statements of the Commission, the activities the Commission has undertaken and any other
information the Commission may consider relevant. [36]
 
 
4. PARTICIPATION IN THE ELECTORAL PROCESS
The Constitution grants 4 cadres of rights to participate in the electoral process.[37]These rights
include:-
 Right to be registered as a voter;
 Right to vote by secret ballot in any election or referendum;
 Right to be a candidate and if elected, right to hold a public office; and
 Right to join and participate in a political party.
The right to join and participate in a political party will be discussed later in this paper.

a) Right to be registered as a voter

The Constitution provides that every adult citizen has the right to be registered as a voter without
unreasonable restrictions.[38] It further provides that a person qualifies for registration as a voter
at elections or referenda if the person:-  is an adult citizen; is of sound mind; and has not been
convicted of an election offence during the preceding five years.[39]
The constitutional right to be registered as a voter is also recognized in the Elections Act which
provides that – ‘any citizen of Kenya who has attained the age of eighteen years as evidenced by
either a national identity card or a Kenyan passport and whose name is not in the register of
voters shall be registered as a voter upon application in the prescribed manner to the
Commission.’[40] This right to be registered as a voter also extends to a person who has registered
for an identification card and has an acknowledgement of registration certificate as proof of such
registration. 41[]
The registration process
i. Application process
A person who qualifies to be registered under section 5 of the Elections Act shall make an
application in the prescribed manner to the Commission.[42] All applicants for registration shall
be registered in the appropriate register by the registration officer[43] who shall transmit the
information relating to the registration of the voter to the Commission for inclusion in the
Principal Register of voters.[44] The Constitution states that a citizen who qualifies for registration
as a voter shall be registered at only one registration center.[45]
ii. Transfer of registration process (where a person is already registered as a voter).
A voter who wishes to transfer his registration from the area he registered in to another electoral
area, the voter shall notify the Commission in the prescribed manner in not less than ninety days
preceding an election.[46] Upon receipt of the notification above, the Commission shall transfer
the voter’s registration particulars to the register of the preferred Constituency in not later than
sixty days preceding the election.[47]
iii. Inspection of register of voters
The Act mandates the Commission to open the Principal Register of Voters for inspection for a
period of at least fourteen days or such period as the Commission may consider necessary within
sixty days from the date of the notice for a general election.[48]
iv. Compilation process
It is the duty of the Commission to compile and maintain the Principal Register of Voters
referred to above. [49]This register shall comprise of: – a poll register in respect of every polling
station; a ward register in respect of every ward; a constituency register in respect of every
constituency; a county register in respect of every county; and a register of voters residing
outside Kenya.[50] The compilation done by the Commission includes the amendments to the
register of voters done after the inspection of the register.[51]
v. Claims where a person’s name is not in the register
The Constitution provides that administrative arrangements for the registration of voters and the
conduct of elections shall be designed to facilitate, and shall not deny, an eligible citizen the right
to vote or stand for election.[52] To effectuate the above constitutional provision, the Elections
Act provides that where a person has applied to be registered as a voter but his name has not
been included in the register of voters, he may submit a claim to the registration officer in the
prescribed form, manner and time for his name to be included in the register.[53]
b)    Right to vote
The Constitution provides that every adult citizen has the right to vote by secret ballot in any
election or referendum.[54] The Elections Act accentuates this constitutional right by providing for
the legal framework for exercising the right.[55]  The Act states that- an adult citizen shall exercise
the right to vote specified in Article 38(3) of the Constitution in accordance with the Elections
Act and where such citizen is registered in the Principal Register of Voters.[56] Indeed, the
preamble of the Elections Act states that it is an Act of Parliament to provide for the conduct of
elections to the office of the President, the National Assembly, the Senate, county governor and
county assembly; to provide for the conduct of referenda; to provide for election dispute
resolution and for connected purposes. This section will cover the 3 broad aims of the Act
including:- conduct of elections; conduct of referenda;  and election dispute resolution.
i. Conduct of elections to the office of the President, the National Assembly, the Senate, county
governor and county assembly
Conduct of elections generally
The electoral system shall comply with the following principles:- freedom of citizens to exercise
their political rights under Article 38; not more than two-thirds of the members of elective public
bodies shall be of the same gender; fair representation of persons with disabilities; universal
suffrage based on the aspiration for fair representation and equality of vote; and free and fair
elections, which are – by secret ballot;  free from violence, intimidation, improper influence or
corruption; conducted by an independent body; transparent; and administered in an impartial,
neutral, efficient, accurate and accountable manner.[57]
At every election, the Independent Electoral and Boundaries Commission is mandated to ensure
that whatever voting method is used, the system is simple, accurate, verifiable, secure,
accountable and transparent; the votes cast are counted, tabulated and the results announced
promptly by the presiding officer at each polling station; the results from the polling stations are
openly and accurately collated and promptly announced by the returning officer ; and appropriate
structures and mechanisms to eliminate electoral malpractice are put in place, including the
safekeeping of election materials.[58]
On the date of elections, the Constitution provides that a general election of members of
Parliament shall be held on the second Tuesday in August in every fifth year.[59] An election of
the President shall be held on the same day as a general election of Members of Parliament,
being the second Tuesday in August, in every fifth year.[60] Elections for a County Assembly
member shall also be done on the same day as a general election of Members of Parliament,
being the second Tuesday in August, in every fifth year.[61] The County Governor shall also be
directly elected by the voters registered in the County, on the same day as a general election of
Members of Parliament, being the second Tuesday in August, in every fifth year.[62]
Elections to the office of the President
The President shall be elected by registered voters in a national election conducted in accordance
with this Constitution and any Act of Parliament regulating presidential elections.[63] Presidential
elections shall be held on the same day as a general election of Members of Parliament, being the
second Tuesday in August, in every fifth year.[64]
In case of a presidential election, the Commission shall initiate the process of such an election by
publishing a notice in the Gazette and in electronic and print media of national circulation.[65]
 Qualifications and disqualifications for election as President.
A person qualifies for nomination as a presidential candidate if the person  is a citizen by birth; is
qualified to stand for election as a member of Parliament; is nominated by a political party, or is
an independent candidate; and is nominated by not fewer than two thousand voters from each of
a majority of the Counties.[66] A person is not qualified for nomination as a presidential candidate
if the person: – owes allegiance to a foreign state; or is a public officer, or is acting in any State
or other public office.[67] The President, Deputy President or members of Parliament are not
disqualified for nominations.[68]
 Procedure at presidential election.
Where only one candidate for President is nominated, that candidate shall be declared elected.
[69]
 If two or more candidates for the Presidential position are nominated, an election shall be held
in each constituency.[70] The poll in a presidential election shall be taken by secret ballot.[71] After
counting the votes in the polling stations, the IEBC shall tally and verify the count and declare
the result.[72] A candidate shall be declared elected as President if the candidate receives more
than half of all the votes cast in the election; and at least twenty-five per cent of the votes cast in
each of more than half of the counties.[73]
If no candidate is elected, a fresh election shall be held within thirty days after the previous
election and in that fresh election the only candidates shall be the candidate(s) who received the
greatest number of votes; and the candidate(s) who received the second greatest number of votes.
[74]
The candidate who receives the most votes in the fresh election shall be declared elected as
President.[75]
 Cancellation of presidential elections
A presidential election shall be cancelled and a new election held in 3 scenarios, where:-  no
person has been nominated as a candidate before the expiry of the period set for the delivery of
nominations;  a candidate for election as President or Deputy President dies on or before the
scheduled election date; or a candidate who would have been entitled to be declared elected as
President, dies before being declared elected as President.[76] In this case, a new presidential
election shall be held within sixty days after the date set for the previous presidential election.[77]
 Death before assuming office.
If a President-elect dies after being declared elected as President, but before assuming office, the
Deputy President-elect shall be sworn in as acting President on the date on which the President-
elect would otherwise have been sworn in.[78] Consequently, a fresh election to the office of
President shall be held within sixty days after the death of the President-elect.[79]
 Declaration of results of presidential elections
After counting the votes in the polling stations, the IEBC shall tally and verify the count.
[80]
 Within seven days after the presidential election, the chairperson of the Independent Electoral
and Boundaries Commission shall declare the result of the election.[81] A candidate shall be
declared elected as President if the candidate receives more than half of all the votes cast in the
election and at least twenty-five per cent of the votes cast in each of more than half of the
counties.[82] After the declaration of the result, the chairperson of the IEBC shall deliver a written
notification of the result to the Chief Justice and the incumbent President.[83]
 Assumption of office of President.
The President-elect shall be sworn in on the first Tuesday following the fourteenth day after the
date of the declaration of the result of the presidential election, if no petition has been filed in the
Supreme Court to challenge the election of the President-elect.[84] Where a petition has been
filed, it shall be on the first Tuesday following the date on which the Court renders a decision
declaring the election to be valid.[85]The swearing in shall be in public before the Chief Justice, in
the absence of the Chief Justice, the Deputy Chief Justice.[86]
The President-elect assumes office by taking and subscribing the oath or affirmation of
allegiance and the oath or affirmation for the execution of the functions of office as prescribed in
the Third Schedule.[87] Parliament was mandated to enact legislation to provide for the procedure
and ceremony for the swearing-in of a President-elect.[88] In accordance with this provision, the
Assumption of the Office of President Act was enacted.[89]
The preamble of this Act states that it is an Act of Parliament to provide for the procedure and
ceremony for the assumption of the Office of President by the President-elect, in accordance
with Article 141 of the Constitution and for connected purposes.[90] This Act establishes the
Assumption of the Office of President Committee.[91] The functions of the Committee shall be
to :- facilitate the handing over process by the outgoing President to the President-elect; organise
for the security of the President-elect; organise for the necessary facilities and personnel for the
President elect; co-ordinate the briefings of the President-elect by relevant public officers; 
facilitate communication between the outgoing President and the President-elect; prepare the
programme and organise for the swearing in ceremony; and carry out any other activity
necessary for the performance of its functions under this Act and perform any other function
assigned to it under any other written law.[92] The Committee shall publish, by notice in the
Gazette, the date and place for the conduct of the swearing-in ceremony which shall be
conducted in a public ceremony held in the capital city.[93] The committee shall also organize
security detail[94]and ensure that the President-elect receives security briefings from the
respective national security organs.[95]
Elections to the office of the National Assembly
There shall be 290 (two hundred and ninety) Constituencies for the purposes of the election of
the members of the National Assembly provided for in Article 97 (1) (a).[96] Twelve members
shall be nominated by parliamentary political parties to represent special interests including the
youth, persons with disabilities and workers.[97] This shall be done on the basis of proportional
representation by use of party lists.[98]
A person is eligible for election as a Member of Parliament if the person:- is registered as a
voter; satisfies any educational, moral and ethical requirements prescribed by this Constitution or
by an Act of Parliament; and is nominated by a political party, or is an independent candidate is
supported by at least one thousand registered voters in the constituency.[99]
A person is disqualified from being elected a Member of Parliament if the person is :- a State
officer or a public officer other than a Member of Parliament; has held office as a member of the
IEBC at any time within the five years immediately preceding the date of election; has not been a
citizen of Kenya for at least the ten years immediately preceding the date of election; is a
Member of a County Assembly; is of unsound mind; is an un-discharged bankrupt; is subject to a
sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at
the date of election; or is found, in accordance with any law, to have misused or abused a State
office or public office or in any way to have contravened Chapter Six.[100]
A general election of Members of Parliament shall be held on the second Tuesday in August in
every fifth year.101[]
Elections to the Office of the Senate
The Senate consists of forty seven(47) members each elected by the registered voters of the
counties.[102] Each county shall constitute a single member Constituency.[103] Sixteen women
members shall also be nominated by political parties on the basis of proportional representation
by use of party lists.[104] The Senate shall also consist of two members (one man and one woman)
representing the youth.[105] In addition, two other members (one man and one woman) shall be
members of the Senate as representatives of persons with disabilities.[106] The Speaker who shall
be an ex officio member is also a member of the senate.[107] Similar to the nomination of the
sixteen women members of the senate, [108]the nominations of representatives of the youth and
persons with disabilities shall also be done by political parties on the basis of proportional
representation by use of party lists.[109]
Elections of County Assembly Member
A person is eligible for election as a member of a county assembly if the person is:- registered as
a voter; satisfies any educational, moral and ethical requirements prescribed by the Constitution
or an Act of Parliament; and is either nominated by a political party; or is an independent
candidate supported by at least five hundred registered voters in the ward concerned.[110]
A person is disqualified from being elected as a Member of a County Assembly if the person:- is
a State officer or any other public officer other than a Member of the County Assembly; has held
office as a member of the IEBC at any time within the five years immediately before the date of
election; has not been a citizen of Kenya for at least the ten years immediately preceding the date
of election; is of unsound mind; is an un-discharged bankrupt; is serving a sentence of
imprisonment of at least six months; or has been found, in accordance with any law, to have
misused or abused a State office or public office or to have contravened Chapter Six.[111]
A County Assembly consists of members elected by the registered voters of the wards.[112] Each
ward constitutes a single member constituency.[113] Elections of County Assembly shall be on the
second Tuesday in August in every fifth year.[114] A County Assembly shall also consist of
special seat members necessary to ensure that no more than two-thirds of the membership of the
assembly is of the same gender.[115] A County Assembly shall also consist of members of
marginalized groups including persons with disabilities and the youth as prescribed by an Act of
Parliament.[116] The nominations of persons to effect gender balance and the representatives of
the youth and persons with disabilities shall be done by political parties in proportion to the seats
received in that election in that county by each political party.[117]
Election of County Governor and deputy county governor.
The County Governor shall be directly elected by the voters registered in the County.[118] The day
of elections shall be the second Tuesday in August in every fifth year.[119] To be eligible for
election as County Governor, a person must be eligible for election as a member of the County
Assembly.[120] If only one candidate for County Governor is nominated, that candidate shall be
declared elected.[121] Where two or more candidates are nominated, an election shall be held in
the County and the candidate who receives the greatest number of votes shall be declared
elected.[122]
Each candidate for election as County Governor shall nominate a person who is qualified for
nomination for election as County Governor as a candidate for Deputy Governor.[123] The IEBC
shall declare the candidate nominated as the deputy governor to have been elected as the deputy
governor.[124] A person shall hold office as a County Governor for a maximum of only two terms.
[125]

Independent candidate – for posts of president, National Assembly, Senate, County Governor
and member of County Assembly
In addition to the other specific requirements for each elective position, any person is eligible to
vie as an independent candidate for election if the person is: – not a member of a registered
political party; has not been a member for at least three months immediately before the date of
the election; and satisfies the below requirements specific to the office which he seeks.[126]
Where a person is not nominated by a political party, he may qualify for election as President,
Member of Parliament, or member of county assembly.[127] For presidential elections, a person is
qualified to be elected as an independent candidate if he is nominated by not fewer than two
thousand voters from each of a majority of the counties.[128]For parliamentary elections, a person
is qualified to run as an independent candidate if he is supported by at least one thousand
registered voters in the constituency.[129] A person is qualified to run for elections to the office of
the senate as an independent candidate if he is supported by at least two thousand registered
voters in the county.[130] An independent candidate is eligible for election as a Member of a
County Assembly if the person is supported by at least five hundred registered voters in the ward
concerned.[131]
ii. Other election processes
Tallying of votes
The Constitution provides that at every election, the IEBC shall ensure that the results from the
polling stations are openly and accurately collated and promptly announced by the returning
officer.[132]It also provides that in a presidential election, after counting the votes in the polling
stations, the Independent Electoral and Boundaries Commission shall tally and verify the count
and declare the result.[133] The Elections Act provided that before  determining  and  declaring 
the  final  results  of  an  election  the  Commission  may  announce  the  provisional  results.
[134]
 The Elections Act also provided that the Commission shall announce the provisional and
final results in the order in which the tallying of the results is completed.[135]
In Maina Kiai & 2 others v Independent Electoral and Boundaries Commission & 2 others,
[137]
 one of the issues before the court was: – whether section 39(2) and (3) of the Elections Act
together with Regulations 83(2), 84(1) and 87(2)(c) of the Elections (General) Regulations 2012
were contrary to the provisions of Articles 86 and 138(2) of the Constitution.[137] The Court held
that section 39(2) and (3) of the Elections Act were contrary to articles 86 and 138(2) of the
Constitution.[138] In a nutshell, the Court held that the results certified by the returning officer for
each presidential candidate with regard to that constituency were final and could only be
challenged in the Supreme Court in an election petition.[139]Tallying of votes shall thus be
effected at the constituency polling station.
Right of recall
The electorate has the right to recall a Member of Parliament or Senate representing their
constituency before the end of the term of the relevant House of Parliament.[140] The Elections
Act provides for the substantive and procedural law in exercising the constitutional right of recall
under article 104.[141] The Act states that  a member of Parliament may be recalled where the
member is found( upon a judgment or finding by the High Court)[142] to have violated the
provisions of Chapter Six of the Constitution;) is  found to  have  mismanaged  public resources;
is convicted of an offence under the Elections Act.[143]
A recall shall only  be  initiated  twenty-four  months after the election of the member of
Parliament and not later than twelve months immediately preceding the next general election.
[144]
 A recall petition shall not be filed against a Member of Parliament more than once during the
term of that Member in Parliament.[145] A person who unsuccessfully contested an election under
this Act shall not be eligible, directly or indirectly, to initiate a petition under this section.[146]
iii. Conduct of referenda
Referenda generally
The mode of voting in a referendum shall be by secret ballot. The Constitution provides that
every adult citizen has the right, without unreasonable restrictions to vote by secret ballot in any
election or referendum.[147] A person qualifies for registration as a voter at referenda if the person
is: an adult citizen; is not declared to be of unsound mind; and has not been convicted of an
election offence during the preceding five years.[148] The Constitution provides that parliament
shall enact legislation to provide for the conduct of elections and referenda and the regulation
and efficient supervision of elections and referenda.[149]
Subject matter of a referendum
The Constitution provides that a proposed amendment to the Constitution shall be approved by a
referendum if the amendment relates to any of the following matters : the supremacy of this
Constitution; the territory of Kenya; the sovereignty of the people; the national values and
principles of governance referred to in Article 10(2)(a) to (d); the Bill of Rights; the term of
office of the President; the independence of the Judiciary and the Commissions and independent
offices under Chapter Fifteen of the Constitution; the functions of Parliament; the objects,
principles and structure of devolved Government; or the provisions of Chapter sixteen.
[150]
Amendment by popular initiative shall follow the procedure under art.257.[151] An amendment
relating to a matter specified in Article 255(1) shall be submitted to the people in a referendum.
[152]

Initiation of a referendum
The Elections Act provides that whenever necessary to hold a referendum on any issue, the
President shall by notice refer the issue to the Commission for the purposes of conducting a
referendum.[153] Following that reference, the Commission shall frame the question or questions
to be determined during the referendum.[154] The Commission shall then, in consultation with the
Speaker of the relevant House, lay the question as framed above before the House for approval
by resolution.[155] The  National  Assembly  may then  approve  one  or  more  questions  for  a
referendum.[156] The Commission shall publish the question approved in the Gazette and in the
electronic and print media of national circulation.[157] The  Commission  may  assign  such 
symbol  for  each  answer  to  the referendum question or questions as it may consider necessary.
[158]
Ultimately, the Commission shall conduct the referendum  within  ninety  days  of publication
of the question.[159]
Voting threshold
A proposed amendment on the issues covered under article 255 of the Constitution shall be
approved by a referendum if at least twenty per cent of the registered voters in each of at least
half of the counties vote in the referendum[160] and where the amendment is supported by a
simple majority of the citizens voting in the referendum.[]161
A referendum question on an issue other than that contemplated in Articles 255 and 256 of the
Constitution shall be decided by a simple majority of the citizens voting in the referendum.[162]
Referendum dispute
The  conduct,  result  and  validity  of  a  referendum  may  be  challenged  by petition to the
High Court.[163] Such a petition shall set out the facts relied on to invalidate the referendum;
identify the specific matter or matters on which the petitioner relies as justifying the grant of
relief;contain  a  request  for  the  relief  to  which  the  petitioner  claims  to  be entitled; and be
filed in the High Court within twenty-one days of the publication of the notice of the results of
the referendum in the Gazette.[164]
iv. Elections offenses & dispute resolution
Election offences
The Elections Offenses Act enumerates a number of election offenses[165]inter alia:- Offences
relating to register of voters and voter’s cards ; Offences relating to multiple registrations as a
voter ; Offences relating to voting ; Offences by members and staff of the Commission;
Maintenance of secrecy at elections; Personation ;Treating; Undue influence; Bribery; use of
force or violence during election period ; and use of national security organs.[166]
· Offences relating to register of voters
The Act provides that – a person, who without authority makes, prepares prints or is in
possession of a document or paper purporting to be a register of voters ; or  knowingly makes
any false statement on, or in connection with any application to be registered in any register of
voters ; or aids,  abets,  counsels  or  procures  the  commission  of  or  attempts  to commit any
of the offences commits an offence and is liable on conviction, to a fine not exceeding one
million shillings and to imprisonment for a term not exceeding six years or to both.[167]
· Offences relating to multiple registrations as a voter
A person who applies to be re – registered in the same register of voters or in another register of
voters ; or simultaneously  makes  two  or  more  applications  to  be  registered  as a voter ; or
having been disqualified by an election court, applies to be registered as a voter commits an
offence is liable on conviction, to a fine not exceeding one hundred thousand shillings or to
imprisonment for a term not exceeding one year or to both.[168] A person who commits such an
offense shall not be eligible to vote in that election or in the next election.[169] A member or
officer of the Commission or a person who aids double registration of a person commits an
offence and is liable on conviction, to a fine not exceeding one hundred thousand shillings or to
imprisonment for a term not exceeding one year or to both.[170] A  candidate  who  aids  double
registration of a  voter commits an offence and is liable on conviction, to a fine not exceeding
one hundred thousand shillings or to imprisonment for a term not exceeding one year or to both
and shall not be eligible to contest in the ongoing general election.[171]
· Offences relating to voting
A person who forges, counterfeits, defaces or destroys any ballot paper or the official
perforation, stamp or mark on any ballot paper commits an offence and is liable on conviction, to
a fine not exceeding one million shillings or to imprisonment for a term not exceeding six years
or to both.[172]
· Offences by members and staff of the Commission
A member of the Commission, staff or other person who makes a false entry or record on a
document which they are required to record or keep ; permits a person who can read and write to
vote in a manner reserved for those who can’t;[173] permits  a non-visually impaired person to
vote in the manner provided for persons who are visually impaired;[174] willfully prevents a
qualified voter from voting at the polling station[175] ; willfully rejects a valid ballot paper[176];
willfully counts invalidly cast ballot paper[177] ; interferes with a voter in the casting of his vote in
secret[178] ; fails to declare the results of an election under the law[179] ; without reasonable cause
does or omits to do anything in breach of his official duty commits an offence and is liable on
conviction, to a fine not exceeding one million shillings or to imprisonment for a term not
exceeding three years or to both.[180]
· Maintenance of secrecy at elections
The Elections Offences Act requires every officer, candidate or agent in attendance at a polling
station to maintain and aid in maintaining the secrecy of the ballot;[181] The Act also forbids such
an officer from communicating any  information  as  to  the  name  or  number of voters on  the
register who has or has not applied for a ballot paper or who has voted at that station or as to the
official mark except for a purpose authorized by law before the poll  is  closed.[182]
A person who contravenes these provisions on secrecy commits an offence and  is  liable  on 
conviction,  to  a  fine  not  exceeding  one  million  shillings  or  to imprisonment for a term not
exceeding three years or to both.[183]
· Offence of Personation
A person who applies  for  a  ballot  paper  in  the  name  of  another  person[184] ; votes again or
applies at the same election for a ballot paper in his own name; votes with the knowledge that he
is not entitled to vote in that election[185]; or presents himself as an election official knowing that
he is not,[186] commits the offence of personation.187[] An offense of personation shall be
cognizable.[188] A person who commits an offence of personation is liable on conviction, to a fine
not exceeding one million shillings or to imprisonment for a term not exceeding three years or to
both.[189]
· Undue influence
A person who directly or indirectly threatens to use any force or violence for the purpose of
inducing or compelling a person to vote or not to vote for a particular candidate or political party,
commits an offence of undue influence.[190] Such a person is liable on conviction, to a fine not
exceeding one million shillings or to imprisonment for a term not exceeding three years or to
both.[191]
· Bribery
A candidate who directly or indirectly offers a bribe to influence a voter to vote or refrain from
voting for a particular candidate or political party commits the offence of bribery.[192] A person
who commits the offence of bribery is liable to a fine not exceeding one million shillings or to
imprisonment for a term not exceeding three years or to both.[193]
· Use of public resources
A candidate, referendum committee or other person shall not use public resources for the
purpose of campaigning during an election or a referendum.[194] A person who fails to comply
with the provisions of this section commits an offence and is liable on conviction to a fine not
exceeding two million shillings or imprisonment for a term not exceeding six years or to both.[195]
· Use of force or violence during election period
A person who by himself or through other person inflicts or threatens to inflict injury, damage,
harm or loss on or against a person with intention to induce or compel that person to support a
particular candidate or political party[196]; or to refrain from voting[197]commits an offence and is
liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term
not exceeding five years or to both.[198]
· Use of national security organs
A  person  who  uses  a  public  officer or  the  national security organs to induce or compel any
person to support a particular candidate or  political  party  commits  an  offence  and  is  liable 
on  conviction  to  a  fine  not exceeding ten million shillings or to imprisonment for a term not
exceeding six years or to both[199]
· Offences relating to the use of technology in elections.
A person who steals; or intentionally destroys; or alters any computer source code used for a
computer, computer programme, computer system or computer network; with the intent to cause
wrongful loss or damage to the public or any person, destroys or deletes or alters any information
in the computer commits an offence and shall be liable, on conviction, to a fine not exceeding ten
million shillings or to imprisonment for a term not exceeding ten years or to both.[200]
5.      POLITICAL PARTIES
Basic requirements for Political Parties
The Republic of Kenya shall be a multi-party democratic State founded on the national values
and principles of governance referred to in Article 10.[201] The constitution  provides that every
political party shall- have a national character as prescribed by an Act of Parliament; have a
democratically elected governing body; promote and uphold national unity;  abide by the
democratic principles of good governance, promote and practise democracy through regular, fair
and free elections within the party; respect the right of all persons to participate in the political
process, including minorities and marginalised groups; respect and promote human rights and
fundamental freedoms, and gender equality and equity;  promote the objects and principles of
this Constitution and the rule of law; and subscribe to and observe the code of conduct for
political parties.[202]
The Political Parties Act provides that an association of persons or an organization shall not be
registered, operate or function as a political party unless it has been registered in accordance with
the provisions of the Act and where it meets the requirements set out in Article 91 of the
Constitution. [203]The Registrar may deregister a political party if the political party has
contravened the provisions of Article 91 of the Constitution.[204]
Nominations
The Elections Act provides that a political party shall nominate its candidates for an election
under the Act at least forty-five days before a general election in accordance with its constitution
and nomination rules.[205] Subsequently, a political party shall not change the candidate
nominated after the nomination of that person has been received by the Commission.[206]
The Independent Electoral and Boundaries Commission shall be responsible for the conduct and
supervision of elections for seats and shall ensure that each political party participating in a
general election nominates and submits a list of all the persons who would stand elected if the
party were to be entitled to all the seats.[207]A presidential election shall be cancelled and a new
election held if no person has been nominated as a candidate before the expiry of the period set
for the delivery of nominations.[208]
A person is qualified for nomination as  member  of Parliament if the person-  is registered as a
voter; satisfies any educational, moral and ethical requirements prescribed by the Constitution
and the Elections Act; and is nominated by a political party, or is an independent candidate.[209]
The Political Parties Act establishes two bodies:- The Registrar of Political Parties[210]  which
shall be an office within the Commission and shall be responsible for the registration of political
parties in accordance with the provisions of the Political Parties Act.[211] The Registrar shall be
responsible for the arbitration of disputes between members of a political party.[212]
This Act also establishes the political Parties Dispute Tribunal[213]which has jurisdiction in
determining: – disputes between the members of a political party; disputes between a member of
a political party and a political party; disputes between political parties; disputes between an
independent candidate and a political party; disputes between coalition partners; and appeals
from decisions of the Registrar under this Act[214]
The Political Parties Act also establishes the Political Parties Fund[215] which shall be
administered by the Registrar.[216]Moneys from this fund may be allocated to a registered political
party and may be used for purposes compatible with democracy including:- promoting active
participation by individual citizens in political life; covering the election expenses of the political
party and the broadcasting of the policies of the political party; ensuring continuous vital links
between the people and organs of State; the organization by the political party of civic education
in democracy and other electoral processes.[217] Ninety-five  per  cent  of  the  Fund shall be
distributed proportionately  by  reference  to  the total number of votes secured by each political
party in the preceding general election; and  five per cent for the administration expenses of the
Fund.[218]
 

 
[1] Pietro Grilli Di Cortona, Cecilia Manzi, Aline Pennisi, Federica Ricca, Bruno

Simeone Evaluation and Optimization of Electoral Systems SIAM, 1999. Page 33.

[2] Black, Henry C, and Joseph R. Nolan. Black’s Law Dictionary: Definitions of the Terms

and Phrases of American and English Jurisprudence Ancient and Modern;<

http://thelawdictionary.org/political-rights/ > accessed 15th July.2017.

  [3] Zehra F. Arat Democracy and Human Rights in Developing Countries iUniverse,

2003.page 3

 [4] Constitution of Kenya, 2010. Art.88

 [5] Constitution of Kenya, 2010. Art.38
[6] Art.22(1).

[7] Constitution of Kenya, 2010. Art.82. (1)(2)

5   EXPLAIN THE RIGHTS AND FREEDOM OF AN INDIVIDUAL.

Right is that which is morally correct, just, honorable or acceptable

Freedom is the power or right to act, speak, or think as one wants.

Citizens' Rights and Responsibilities

Rights and Responsibilities of Citizens under the Constitution

Kenya’s sovereign power is vested in its citizens. They exercise their sovereign power either
directly or through their democratically elected representatives.
Every person has the right to lodge a case in court if a right or fundamental freedom in the Bill of
Rights is denied, violated or threatened.
Every person is entitled to the following rights and fundamental freedoms:
1. Right to life;
2. The right to equality, equal protection and equal benefit in law;
3. Human dignity;
4. Freedom and security;
5. Protection from slavery, servitude & forced labour;
6. Freedom of conscience, religion, belief and opinion;
7. Freedom of expression;
8. Freedom of the media;
9. Right of access to information;
10. Freedom of association;
11. Right of assembly, demonstration, picketing and petition;
12. Political rights;
13. Freedom of movement and residence;
14. Protection of right to property;
15. Fair labour practices;
16. Right to a clean and healthy environment;
17. Right to economic and social rights (health, housing, food, water, social security &
education)
18. Right to use of language and culture of one’s preference;
19. Consumer rights;
20. Fair administrative action;
21. Right of access to justice; and
22. Right to a fair hearing.
Kenyans have an obligation to ensure people serving in the independent Commissions are
properly vetted as they are tasked to protect the sovereignty of the people, ensure the State
organs keep democratic values and principles and promote constitutionalism.
Members of the public have the right of access to parliamentary sittings and those of its
committees and can give contributions.
The Executive authority (the Presidency) obtains its power from the citizens of Kenya and acts
as empowered by the constitution.
The judiciary obtains its power from Kenyan citizens and acts through the courts and tribunals.
Alternative forms of dispute resolution including reconciliation, mediation, arbitration and
traditional dispute resolution mechanisms are promoted provided they do not go against the Bill
of Rights.
Devolution gives power of self-governance to the people and grants them opportunity for greater
participation in the exercise of the powers of the State and in decision making. It also recognizes
the right of communities to manage their own affairs and further their development.
County assemblies are expected to conduct their business in an open manner and hold all their
sittings and committee meetings in public.
All national security organs - the Kenya Defence Forces (KDF), the National Intelligence
Service (NIS) and the National Police Service (NPS) – are sub-ordinate to civilian authority.
Citizens have the right to propose an amendment to the constitution by popular initiative signed
by at least one million registered voters.
Every Kenyan has the right to start court proceedings, if the constitution has been contravened or
is threatened with contravention.
 Responsibilities
Regardless of the presence of elected representatives:
Every citizen has an obligation to respect, uphold and defend Kenya’s sovereignty.
Citizens also have a responsibility to live out the national values and principles of: patriotism,
national unity, sharing and devolution of power, the rule of law, democracy and participation of
the people.
They are to uphold human dignity, equity, social justice, inclusiveness, equality, human rights,
non-discrimination and protection of the marginalized.
In addition, citizens should ensure good governance, integrity and accountability are upheld.
Every Kenyan has the responsibility to uphold the rights and fundamental freedoms in the Bill of
Rights and to ensure they are observed in making social, economic and cultural policies.
Every person has a duty to cooperate with the State to protect and conserve the environment and
the country’s natural resources and ensure sustainable development is carried out.
Citizens are expected to monitor how state officers are functioning to ensure the guiding
principles of leadership and integrity are respected and maintained. The guiding principles
include:
1. Selection based on personal integrity, competence and suitability or election in a free and
fair election;
2. Objectivity and impartiality in decision making and in ensuring decisions are not
influenced by nepotism, favouritism and other improper practices;
3. Selfless service based on public interest is maintained;
4. Accountability to the public for decisions and actions; and
5. Discipline and commitment in service to the people.
Citizens should promote the realization of the principles of the electoral system. The electoral
system principles include:
a) Freedom of citizens to exercise their political rights;
b) Not a more than two thirds of the members of the elective public bodies shall be of the same
gender;
c) Fair representation of persons with disabilities;
d) Universal suffrage based on the aspiration for fair representation and equality of vote; and
e) Free and fair elections which are:
1. By secret ballot;
2. Free from violence, intimidation, improper influence or corruption;
3. Conducted by an independent body;
4. Transparent; and
5. Administered in an impartial neutral, efficient, accurate and accountable manner.
Adult Kenyans are expected to vote the right people to office by participating in elections.
The electorate has the right and responsibility to recall their Member of Parliament before the
end of their term in office.
Citizens can also petition Parliament to consider matters within its authority and enact, amend or
repeal legislation.
Citizens also have an obligation to ensure presidential candidates meet the qualifications for the
post.
Kenyans have the responsibility to ensure Executive authority is exercised in a manner that
serves them and for their well-being and benefit.
County assemblies should facilitate public participation and involvement in the legislative and
other business of the assembly including its committees.
Public participation in the public finance process is expected and the government has to maintain
openness and accountability through the structure to promote an equitable society.
Members of the public must be involved in the public-service policymaking process.
The public must also hold all public service institutions accountable for their work.
Citizens have to ensure the government protects its people rights and freedoms and the country
against internal and external threats to its territorial integrity and sovereignty.
Citizens are obligated to ensure the constitution is interpreted in a manner that promotes its
purposes, values and principles, advances rule of law, human rights and Bill of Rights, permits
development of the law and contributes to good governance.
6 UNDERSTAND THE SYSTEM OF LOCAL AUTHORITIES IN KENYA.
Local authorities in Kenya are the bodies controlling local governance in urban areas in Kenya.
From the 2013 general elections onwards Kenya will have three classes of local
authorities: City, Municipality, and Town authorities. Subject to the Urban Areas and Cities Act
of 2011, there are three authorities with city status: Nairobi, the national
capital, Mombasa and Kisumu. Municipalities and towns are other forms of urban authorities and
are generally named after their central town.
Local authorities usually differ from divisional and constituency boundaries used by the state
administration.
Under the former act of parliament local authority administration consisted of a mayor, town
clerk and councillors. The number of councillors depended on population and area of each
authority and they were elected by the public during the Kenya general elections held every five
years or by-elections held in between. Authorities were divided into wards and each ward elects
only one councillor. Wards have often common boundaries with administrative locations.
Compared to many other countries, local authorities in Kenya were weak and are shadowed by
state run administration.[1] However, during the international Africitiessummit held in Nairobi
September 2006, the Kenyan president Mwai Kibaki promised to strengthen local authorities.[2]
Under Kenya's new devolved system of government, the elected councils were dissolved and are
set to be replaced by boards, in the case of city councils, and administrators, in the case of
municipal and town councils, appointed by the county government
State any two types of local authorities in Kenya
1. Town council

2. Urban area council

3. City council

4. Municipal councils

Functions of Local Authorities in Kenya.

- Providing public services required by local people in their areas of jurisdiction. These include
educational facilities like schools and libraries, cattle dips, waters supply, roads e.t.c.
- They run social services like day care centres, social clubs, meal services and hostels e.t.c.
- Provision of housing facilities in Urban areas. They clear slum dwellings, build and manage new houses,
provide sewarage, rubbish disposal, street lighting e.t.c.
- Providing recreation services like swimming pools, sports grounds, parks, museums, gardens, public
films shows e.t.c.
- Are responsible for public health functions like food hygiene dispensaries, cleanliness in shops and
offices, ortuaries, ambulance services, vaccination and immunisation programmes.
- Burying destitute persons who die within their areas of jurisdiction i.e no relatives to claim and bury
them
- Regulating trading activities through provisions of markets, abattoirs, consumer protection, trading
licenses and permits.
- Providing building regulation and protection. They approve building plans, provide fire control /
services.
- Passing by – laws to regulate specific aspects of public life e.g prohibition of dumping rubbish in certain
areas. By laws are approved by Local government.
- Providing job and training opportunities for people within their jurisdiction e.g councilors,
administrators, clerks, labourers.
- It enhances participatory democracy as it affords the people to participate in the management of public
affairs and their government through elected mayors, chairman and councilors.
- Assisting officers of the central government at district level to find solutions to local problems. They are
better placed to determine the nature and complexity of local problems.

7. DISCUSS THE GOVERNANCE AND BEST PRACTICES OF CORPORATE

GOVERNANCE.

CORPORATE GOVERNANCE BASICS

What is Corporate Governance

Corporate governance is the system of rules, practices and processes by which a firm is directed
and controlled. Corporate governance essentially involves balancing the interests of a company's
many stakeholders, such as shareholders, management, customers, suppliers, financiers,
government and the community. Since corporate governance also provides the framework for
attaining a company's objectives, it encompasses practically every sphere of management, from
action plans and internal controls to performance measurement and corporate disclosure.

“Corporate governance” doesn’t have a single accepted definition.Broadly, the term describes
the processes, practices and structures through which a company manages its business and affairs
and works to meet its financial, operational and strategic objectives and achieve long-term
sustainability.

Law. Corporate governance is generally a matter of law based on corporate legislation, securities

laws and policies, and decisions of the courts and securities regulators.  Generally, directors owe
a duty of loyalty to the companies they serve, and have a fiduciary duty to act honestly, in good
faith and in the company’s best interests. Corporate governance is also shaped by other sources,
like stock exchanges, the media, shareholders and interest groups. Corporate governance
practices help directors meet their duties and the expectations of them.  

Relevant Factors. The objective of corporate governance is to promote strong, viable

competitive corporations accountable to stakeholders. But one size doesn’t fit every company,
and there’s no uniform, comprehensive set of policies or practices: the “right” ones depend on
several factors, including:

 the nature of the business;

 the company’s size and stage of development;
 availability of resources;
 shareholder expectations; and
 legal and regulatory requirements.

Benefits. Proponents of corporate governance say there’s a direct correlation between good

corporate governance practices and long-term shareholder value.  Some of the key benefits are:

 high performance Boards of Directors;

 accountable management and strong internal controls;
 increased shareholder engagement;
 better managed risk; and
 effectively monitored and measured performance.

TOP 5 CORPORATE GOVERNANCE BEST PRACTICES

Right-sized governance practices will positively impact long-term corporate performance – but
companies must design and implement those that both comply with legal requirements and meet
their particular needs. Here are the top 5 corporate governance best practices that every Board of
Directors can engage – and that will benefit every company.
1. Build a strong, qualified board of directors and evaluate performance. Boards should
be comprised of directors who are knowledgeable and have expertise relevant to the
business and are qualified and competent, and have strong ethics and integrity, diverse
backgrounds and skill sets, and sufficient time to commit to their duties. How do you
build – and keep – such a Board?
o Identify gaps in the current director complement and the ideal qualities and
characteristics, and keep an “ever-green” list of suitable candidates to fill Board
vacancies.
o The majority of directors should be independent: not a member of management
and without any direct or indirect material relationship that could interfere with
their judgment.
o Develop an engaged Board where directors ask questions and challenge
management and don’t just “rubber-stamp” management’s recommendations.
o Educate them. Give new directors an orientation to familiarize them with the
business, their duties and the Board’s expectations; reserve time in Board
meetings for on-going education about the business and governance matters.
o Regularly review Board mandates to assess whether Directors are fulfilling their
duties, and undertake meaningful evaluations of their performance. 
 
2. Define roles and responsibilities. Establish clear lines of accountability among the
Board, Chair, CEO, Executive Officers and management: 
o Create written mandates for the Board and each committee setting out their duties
and accountabilities.
o Delegate certain responsibilities to a sub-group of directors. Typical committees
include: audit, nominating, compensation and corporate governance committees
and “special committees” formed to evaluate proposed transactions or
opportunities.
o Develop written position descriptions for the Board Chair, Board committees, the
CEO and executive officers.
o Separate the roles of the Board Chair and the CEO: the Chair leads the Board and
ensures it’s acting in the company’s long-term best interests; the CEO leads
management, develops and implements business strategy and reports to the Board.
3. Emphasize integrity and ethical dealing. Not only must directors declare conflicts of
interest and refrain from voting on matters in which they have an interest, but a general
culture of integrity in business dealing and of respect and compliance with laws and
policies without fear of recrimination is critical.  To create and cultivate this culture:
o  Adopt a conflict of interest policy, a code of business conduct setting out the
company’s requirements and process to report and deal with non-compliance, and
a Whistleblower policy.
o Make someone responsible for oversight and management of these policies and
procedures.
4. Evaluate performance and make principled compensation decisions. The Board
should:
o Set directors’ fees that will attract suitable candidates, but won’t create an
appearance of conflict in a director’s independence or discharge of her duties.
 o Establish measurable performance targets for executive officers (including the
CEO), regularly assess and evaluate their performance against them and tie
compensation to performance.
o Establish a Compensation Committee comprised of independent directors to
develop and oversee executive compensation plans (including equity-based ones
like stock option plans).
5. Engage in effective risk management. Companies should regularly identify and assess
the risks they face, including financial, operational, reputational, environmental, industry-
related, and legal risks:

o The Board is responsible for strategic leadership in establishing the company’s

risk tolerance and developing a framework and clear accountabilities for
managing risk. It should regularly review the adequacy of the systems and
controls management puts in place to identify, assess, mitigate and monitor risk
and the sufficiency of its reporting.
o Directors are responsible to understand the current and emerging short and long-
term risks the company faces and the performance implications. They should
challenge management’s assumptions and the adequacy of the company’s risk
management processes and procedures.

The Cadbury Reportwhich was released in the UK in 1991 outlined that "Corporate

governance is the system by which businesses are directed and controlled." Good corporate
governance is a key factor in underpinning the integrity and efficiency of a company. Poor
corporate governance can weaken a company’s potential, can lead to financial difficulties
and in some cases can cause long-term damage to a company’s reputation. 

A company which applies the core principles of good corporate governance; fairness,
accountability, responsibility and transparency, will usually outperform other companies
and will be able to attract investors, whose support can help to finance further growth.
 This blog will briefly outline the role of each principle.

FAIRNESS

Fairness refers to equal treatment, for example, all shareholders should receive equal
consideration for whatever shareholdings they hold. In the UK this is protected by
the Companies Act 2006 (CA 06). However, some companies prefer to have a shareholder
agreement, which can include more extensive and effective minority protection.

In addition to shareholders, there should also be fairness in the treatment of all

stakeholders including employees, communities and public officials. The fairer the entity
appears to stakeholders, the more likely it is that it can survive the pressure of interested
parties.

ACCOUNTABILITY

Corporate accountability refers to the obligation and responsibility to give an explanation

or reason for the company’s actions and conduct.

In brief:

 The board should present a balanced and understandable assessment of the

company’s position and prospects;
 The board is responsible for determining the nature and extent of the significant
risks it is willing to take;
 The board should maintain sound risk management and internal control systems;
 The board should establish formal and transparent arrangements for corporate
reporting and risk management and for maintaining an appropriate relationship with the
company’s auditor, and
 The board should communicate with stakeholders at regular intervals, a fair,
balanced and understandable assessment of how the company is achieving its business
purpose.

RESPONSIBILITY

The Board of Directors are given authority to act on behalf of the company. They should
therefore accept full responsibility for the powers that it is given and the authority that it
exercises. The Board of Directors are responsible for overseeing the management of the
business, affairs of the company, appointing the chief executive and monitoring the
performance of the company. In doing so, it is required to act in the best interests of the
company.

Accountability goes hand in hand with responsibility. The Board of Directors should be
made accountable to the shareholders for the way in which the company has carried out its
responsibilities.

TRANSPARENCY

A principle of good governance is that stakeholders should be informed about the

company’s activities, what it plans to do in the future and any risks involved in its business
strategies.

Transparency means openness, a willingness by the company to provide clear information

to shareholders and other stakeholders. For example, transparency refers to the openness
and willingness to disclose financial performance figures which are truthful and accurate.

Disclosure of material matters concerning the organisation’s performance and activities

should be timely and accurate to ensure that all investors have access to clear, factual
information which accurately reflects the financial, social and environmental position of
the organisation. Organisations should clarify and make publicly known the roles and
responsibilities of the board and management to provide shareholders with a level of
accountability.

Transparency ensures that stakeholders can have confidence in the decision-making and
management processes of a company

BENEFITS Of CORPORATE GOVERNANCE

Strong corporate governance maintains investors’ confidence, whose support can help to
finance further growth. Companies who implement the principles of good corporate
governance into working environemnt life will ensure corporate success and economic
growth. They are the basis on which companies can grow. 

8 UNDERSTAND THE THEORIES OF GOVERNANCE.