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Part II The Relationship Between the Legislature and the Executive, 4 Kenya’s Budding Bicameralism and Legislative–Executive Relations

Conrad M. Bosire

From: Separation of Powers in African Constitutionalism

Edited By: Charles M. Fombad

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 22 January 2021

This chapter examines the changes in the 2010 Kenyan constitution, which have resulted in a higher degree of separation of powers between the legislature and executive with an elaborate system of checks and balances. The decision to opt for a presidential system of government (as opposed to a parliamentary or mixed one) and the re-introduction of the Senate are the defining features of the legislative and executive organs. However, the new system is superimposed on a longstanding institutional and political culture that was based on the presence of executive dominance in legislative affairs in a unicameral setting. The new system of government will, therefore, operate in a broader social, political, and historical context that will have a greater impact on their overall effectiveness.

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