Makeup of Parliament

President

The President is the head of state and government, as in most republics. The President is also the Commander-in-chief of the Kenya Defence Forces.

The President is the head of the country's Cabinet, which consists of the President, the Deputy President, the Attorney-General and Cabinet Secretaries nominated and appointed by the President with the approval of the National Assembly.

The National Assembly with at least a third of all the members, may set in motion an act to impeach the President. The National Assembly may do so on the grounds of gross violation of the Constitution or any other law, where there is reasons to believing that the President has committed a crime under national or international law or for gross misconduct.^[2]

If the motion to impeach passes in the National Assembly the act to impeach moves to the Senate and if at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the President shall cease to hold office.^[3]

Deputy President

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The Deputy President is the second-highest executive office in the republic. The position before the 2013 general election was known as the Vice-President of Kenya. There have been 12 deputy presidents since independence.^[4]

The incumbent is Rigathi Gachagua who as William Ruto is part of the Kenya Kwanza. The first person to hold the position was Jaramogi Oginga Odinga. The 8th person to hold the office, Michael Kijana Wamalwa was the first and only person to pass away while in office.^[5] George Saitoti has held the position twice on separate occasions.

The Deputy President's functions^[6] are to be the main assistant to the President and shall deputise for the President in the execution of the President's functions. He must be qualified to become president in order to take the office as he is first in line in the order of presidential succession.^[2]

The Deputy President as the president is limited to two terms in office.^[7]

The coat of arms of Kenya

The Government is run by the Ministries of Kenya. The constitution limits the number of Ministries to a minimum of 14 and maximum of 22. The headings of the ministries are known as Cabinet Secretaries who are all nominated by the President. The President has power to assign and dismiss a Cabinet Secretary.^[2]

A Cabinet Secretary cannot be an MP and their deputies are known as Principal Secretaries.^[8]

All civil servants^[9] e.g. teachers in public schools or diplomats fall under one of the ministries in the Cabinet.

The Judiciary

The Judiciary is charged with applying and upholding the law. This is done through a legal system consisting of courts.

The Court System

Supreme Court Buildings

The Judiciary is led by the Chief Justice. The Chief Justice sits at the Supreme Court whose court decisions are binding to all courts.^[10] The current Chief Justice is Chief Justice Martha Koome who is the fifteenth person to hold the office.

The courts are divided into two levels: Superior Courts and Subordinate Courts. Superior Courts are the higher courts and are presided over by Judges. These are the Supreme Court, the Court of Appeal, the High Court which hears almost every type of case.,^[2] the Environment and Land Court and the Industrial Court.

The subordinate courts consist of the Magistrates courts, the Kadhi courts, the Courts Martial and any other court or local tribunal as may be established by an Act of Parliament, other than the currently established courts.^[11]

All Judges, including the Chief Justice and the Deputy Chief Justice, are selected by the Judicial Service Commission Archived 13 October 2020 at the Wayback Machine but are officially appointed by the President.^[12] However, the persons selected to be the Chief Justice and Deputy Chief Justice must first be vetted by Parliament before being appointed by the President. All other Judges do not need Parliamentary vetting and approval. Magistrates who preside over the subordinate courts are selected and appointed by the Judicial Service Commission without the involvement of the President or Parliament.^[13]

Elections and voting

Map of the Counties of Kenya

Elections in Kenya^[14] that predate 1992 were not multiparty elections. On independence, Kenya voted for Kenyatta as President. However, over the next few years Kenya slowly transitioned from being a democracy to being a one-party state. Kenyatta's regime greatly oversaw the gradual limitation of the democratic system. Kenyatta died in 1978; his vice President Moi took over and in 1982 the country was officially made a one-party state with every other party being outlawed. This was met by resistance over the next decade or so. In 1992 Kenya's first multiparty elections were held.^[15]

Ever since then elections have been held every 5 years. In 2013 the general election paved the way for semi-autonomy of the 47 counties of Kenya. Uhuru Kenyatta, the fourth president won and his coalition the Jubilee Alliance controlled the majority in both houses of Parliament, i.e. the National Assembly and the Senate.

The incumbent president William Ruto won the 2022 general elections and his coalition Kenya Kwanza now controls the majority in both houses of Parliament, i.e. the National Assembly and the Senate.

The state allows universal suffrage based on the aspiration for fair representation and equality. The only people not allowed to vote are people convicted of an election offence during the preceding five years. Elections in Kenya are overseen by the Independent Electoral and Boundaries Commission.^[16][17]

County governments

The Counties of Kenya have devolved functions of the former central government.^[18] Each county has its own Governor who is directly elected and thereafter becomes the highest elected official in the county.^[19] Each county has its own County Assembly with MCAs (Members of the County Assembly Archived 13 October 2020 at the Wayback Machine) as representatives.^[20]

The powers of the County^[18] are provided in Articles 191 and 192, and in the Fourth Schedule of the Constitution of Kenya and the County Governments Act of 2012.^[2]

Functions and duties not assigned by the Constitution automatically become the National governments responsibility.^[2]

As opposed to other devolved governments around the world, only the national government may impose income tax, value-added tax, customs duties and other duties on import and export goods and excise tax.

The counties are individually allowed to impose property rates, entertainment taxes and any other tax that it is authorised to impose by an Act of Parliament.^[21][22]