PARLIAMENTARY SUPRIMACY (POWER)
This means that the parliament is more powerful than other two institutions of government like executive and judicialry
Is exercised through legislation, financial.
Non – confidence mortion and general catesism.
It can make of repeal any law or constitute.
It can altar the constitution declare war of a state of emergency
There is no law that can override any made by parliament.
The members of parliament are immude to prosectution for whatever they say in parliament while contributiong to the debates. This is what is known as parliamentatry immunity.
THE SPEAKER FUNCTIONS
- He’s the spokes person and the head of the house.
- He precides over the proceeding of the house.
- Dicpilines errants members and interpretes standing orders to the members.
- Effects the dignity and authority of the house presents parliament of official fucnciton outside the house.
- The speaker of the national assembly is the chairperson or the parliamentary sevice commission.
- Seeks in new elected MPs.
Functions of the clerk in the parliament
- The chief administrato and acoounting officer of the house.
- Advices the speaker in the order of the use business and lists a notice of morion.
- Tea prepares and maintains parliamentary records of the hosue proceedings in the Heansard affairs copies of bills and submit them for presidneatila escort.
- Adives and re-ordinate the work of the staff of the house.
- Maintains a liberty for the use by members of the house.
PARLIAMENTARY SERVICE COMMISSION
It consist of the following
The speaker of the national assembly as chairperson vice chairperson elected by members, 7 members appointed by parliament from among its members 1 man and 1 woman appointed by the parliament from among persons who are experienced in public affaires but are not members of the parliament.
The clerk at the senate as a secretary.
- Provide services and facilities for efficient and effective functioning of the parliament.
- Constituting of offices and parliamentary service.
- Appointing and supervising office holders in parliament service.
- Prepare annual estimates of expenditure of parliamnentary service and submit them for approval by national assembly.
- Promoting the ideal of parliamentary democracy in colaboratin with the relevant orgnanisation.
To implements the law and policies of government is headed by the president.
POWERS OF THE PRESIDENT
- Commander in chief of the armed forces.
- Power to exercise the exectuve authority of the republic.
- Power to uphold and safeguard the constitution and suprimity of the republic.
- Powers of merely e.g paddons persons convicted of offence.
- Powers for nominate, appoint or dismiss cabinet secretary and other officials.
- The power to constitutions honurs in the name of the people and the republic.
- Chairperson of the national security.
FUNCTINS OF THE PRESIDNET
- Addresses the openings and special seating in parliament.
- Reports once evey year in a chiefs to the nations on measures taken and progress achieved in realizing national values.
- Chair cabine meeting
- Nominated and with approval of nationa assembly.
- Appoints or dismise cabine secretary, attoney general and other senior state officers.
- Receive foreign diplomatic and consider represents.
- Directs and co-ordinates the functions of minister and government departments.
- Confers governors in the name of the people and the republic
- Declare state of emergency
- Declare war with approval of parliament.
- Insures the international obligations of the republic are fullfiled through the actions of the relevant cabinet secretaries.
FUNCTIONS OF THE DEPUTY PRESIDENT
- Performs any other functions assigned by the president.
- Is amember of the cabinet.
- The principle assistant of the president and deputies the president decides.
President, the deputy president, the Attorney General, Cabint secretaries who are not less that 14 and not more then 22.
The cabinet se are not members of parliament.
They are nominated and appointed by the president with approval of the national assembly.
The secretary of the cabinet perfoms the following duties.
- Takes change of the cabinet office.
- Arranges the business of the cabinet.
- Keeps the minutes of the cabinet to the appropriate person or authority.
FUNCTIONS OF THE CABINET
- Appears before a committee of the national assembly or the senate when required by the committee and answer questions pertaining various miniroties.
- Provide parliament with full and regular reporters concerning matters under their control.
- Assists and advices the president on day to day running of the government.
- Chart out and lay down guidlien on Kenya domestic and foreign policy.
- Discuss matters of national and international importance.
- Expand government policy.
- Ensure governemtn policy is implemented by the civil servants/
THE PRINCIPAL SECRETARY (PS)
Each state department is headed by a principal secretary.
The office of the principal secretary is an office in the public service.
They are nominated by the president from among persons recommends by public service comm. (PSC) their appointement must be approved by the parliament.
Functions of the PS (Principal Secretaries).
- They administer state departments.
- They are the accounting officers in the state departments
- Formulate and implement governemtn policy.
- Assist in drawing up the budgets and development programmes of their deparments.
- As a link betweenthe cabinet secretary and staff of the deparmtne.
Functions of the Attorney –General.
He is nominated by the president and appointed, by ehe following approval of the National Assembly.
- He is the principal legal advisor to the government.
- Represents the national government incourt or in nany other legal proceeding.
- Promotes and uphold the rule of law.
- Defends public interest.
- Appears as a friend of the court in any civit proceeding to which the government is not a party.
- Takes part in the drafting of government bills before they are tabled in parliament.
FUNCTIONS OF THE DIRECT OF PUBLIC PROSECUTIONS (DPP)
The DPP is nominated and with the approval of the National Assembly, appointed by the president.
The DPP hold office for a term of eight years and is not eligible for re-apointment.
- To institute andundertake criminal proceedings against any person before any court other than a court martial.
- Takes over and continue any criminal proceedings commenced in any court other than a court marital.
- Discountinouse at any stage before judgment is delivered.
- Superises and co-oridnates the work of state.
- Directs the inspector – General of the National policy service to investigate allegations of criminal conduct.
- Safeguards public interest and the interent of administration of justice to prvent abuse of the legal process. Delegates powers to prosecute subordinate officers.
THE PUBLIC SERVICE (PS)
This is the non-plitical section of the executive arm of the government.
It’s headed by the principal secretary in the office of the president.
Members of public servies are appointed by the public service commission.
FUNCTIONS OF THE PUBLIC SERVICE
- Provides servie to the people especially servie ministeres like health and education.
- Implements government policies andprgramme.
- Interpretes government policies to the people so that they can willingly participate in their implementation.
- Maintains governemtn record.
- Advises cabinet secretary on matters of policy.
- Ensurs continuity in governemtn operations since the public service is permanent while poltiszing come and go.
- Collects government revenue through licenses.
PUBLIC SERVICE COMMISSION
It consist of the chairperson, vice chairperson and seven other member appointed by the president
- Establishining and abolishing offices in the public service.
- Appointing persons to hold officing in the public services
- Disciplinary and removing from office public services officers.
- Promoting and providing renumeration to public service officers.
- Develops human resources in the public service.
- Ensuring efficient and effective prosivion of service by public service officers.
- Hearing and determining appeals in respect of country govenmeent public service.
Composition and functions of National securities organs.
They are government bodies which provide internal security or protect the county from external attack, they help in maintenance of law and order and help to promote the rule of law
They include: a) the defence forces
- National intelligence service
- National police service
- KENYA DEFENCE FORCES (KDF)
It consists – The Kenya Army’s
The Kenya Air force.
The Kenya Navy
Functions of the K.D.F
- To defend Kenya from external aggression
- The Kenya Navy has the responsibility of patrolling kenya’s territorial waters and defending Kenya against seaborne invasions.
- The navy also is responsible for dealing with illegal docking and departures and unautrhorised fishing in Kenyan waters by foreign vessels’. The Kenya Air Force secures Kenya’s airspace against potential forces.
- They also assist the police in maitaning have and order.
- Within Kenya, the armed forces are sometimes involved in no-military activities such as road and bridge construction.
- Kenya’s armed forces have also been involved in several occasions as part of the United Nations sponsor is peace keeping forces in war – torn areas e.g Namibia.
- National Intelligence services.
This is the body which collects and gathers intelligence reports which are important to the state security. It’s headed by the Director General who is a member of the National security. It’s headed by the Director General who is a member of the National Security Council.
Functions of the National intelligence Service.
- Collects intelligence information on threats to state security.
- Keeps the state informed on the feeling of people towards the government and the government policy.
- Gathers information on external threats to the nation.
NATIONAL POLICE SERVICE
It consists of the Kenya police service and the administration police service.
It’s headed by the inspector general of the National Police Service.
The Kenya police service and administration police service are each headed by a Deputy inspector General.
It has several units which include. The criminal investigation Department (CID), Traffic police, police airway, Anti- Narcotics unit, among others.
Functions of the National Police Service.
- Maintaining law and order by preventing and detecting crime.
- Arresting suspected criminals and taking them by a court of law.
- Collecting and evaluating intelligence information and documents for fighting crime.
- Carries direction and inspection of moto vehicles.
- Monitoring the in-coming and outgoing traffic at border posts and entry points.
- Collaborate with Interpol in fighting international crime.
- Provide security to senior government officers and buildings.
- Prevent corruption and promote practice of transparency and accountability.
- Train staff to highest possible standards of competend and integrity.
- The constitution established a National police service commission which plays the following function.
- Recruits and appoints person to hold or act in offices in the service.
- Confirms appointment and determines promotion
- Determines transfers within the servie.
- Exercises disciplinary control over officers.
- Removing persona holding or acting in offices with the service.
CHALLENGES FACING THE NATIONAL SECURITY ORGANS.
- 1.Porous boundaries especially the borders of Kenya and Ethiopia.
- Rising crime rates due to swelling population and unemployment has overwhelmed the security organs. Increased cases of sophisticated crimes such as cyber crime, terrosism, money laundering and drug trafficking
- Poor infrastructure e.g poor and communication network makes it difficulut for security organs to access certain parts of the country.
- High incidents of corruption and related vices like nepotism and favourism has hampered service delivery to the public.
- High influx of refugees from war torn countries has led to smuggling of arms in the contry, posing a security risk.
- The emergences of organized criminal gangs in the name of vigilance groups have caused insecurity in many areas.
- Employing more police officers toimprove on the overall police to population ratio.
- Reviewing of the security organs training curriculum to incorporate skills for combating emerging crimes increase the duration of training of security officers to make them more official in fighting crime.
- Providing modern equipment such as communication gadgets, forensic laboratory and arms.
- Increasing funding to security organs for purchase of motor vehicles for their daily operations.
- Improving the conditions and terms of service of police officers.
- Increase surveillance along international boundaries by opeining patrol bases and deploying more personnel to curb illegal entry into the country.
- Screamlining the recruitment of personnel into the security organs to reflect the diversity of the Kenyan people.
It falls under National Police Service.
They are measures taken to punish and rehabilitate offenders so as interrogate them into the society. The prisons services have various categories of instituons which help to prevent contamination the minor offenders by worse ones.
These institutions include
These confine offenders convicted of serious crime e.g those sentenced to life imprisonment.
District I and II prisons
These hold offenders convicted of serious crime but which are not capital offences (medium security prisons)
These are used to confine young offender of between ages 15 and 21.
They offer vocational training and give them opportunities to continue education.
Other correctional service include
Extra – mural panel employment scheme. This involves convicts residing in their homes but working on government projects or public works for the entire period of their sentence.
This is where convicts are placed under the observation of a probation officer. The officer provides counseling service and monitors change in behaviour andconduct of the convict.
Functions of correctional services
- Punishing convicted offenders as directed by a court of law.
- Rehabilitating convicted offenders.
- Confining convicted prisoners.
- Deferring those who might be thinking of committing crimes.
- Offering welfare services to convicts.
- Continuing remandees a sthey wait to appear in court.
Challenges facing correctional services
- There is congestion in prisons which is caused by high incidents of crime. Tis has led to poor living conditions as the prisons facilites are overstretched.
- High incidents of disease outbreaks such as a cholera and typoing fever. This has led to death of many inmates.
- Shortage of funds to maintain the prisoners. The correctional services have inadequate part to rehabilitate convicts through counseling.other living conditions of prison warders like low renumeration and poor housing. Rising cases or corruption, leading to smuggling of legal goods into prisons and prison breaks.
- There has been introduction of community service of petty offenders to deconest prisons.
- Approving the living conditions for prisoners by medical services, clothing and bedding and also better
- Realease of petty offenders to ease congestion employing and training more personel.
- Approving the living conditions for prison warders
- Contruction of better houses.
This is the branch of government which co-ordinates e. administration of justice through a system courts in accordance with the law.
The independence of the judiciary in Kenya is guaranteed in the following ways:-the office of a judge of a superior court can’t be abolished while the holder is still in office.
The remuneration and benefit of judges is drawn directly from the consolidated fund.
A member of the judiciary cannot be sued in respect of the lawful performance of a judicial function.
The judiciary has a separate system or command, headed by the Christ justice and delinked from other organsof governments.
Judges and magistrate are bound by one Oath of allegiance to perform their duties without fear or favour.
Structure and functions of the court system in Kenya.
The court system in Kenya is heirachical, that’s it is arragned from highest to the lower court system of courts in Kenya is made up of
- supreme courts.
- subordinate court.
The superior courts are; i) the supreme court
ii) The court of appeal
iii) The high court
The supreme court
Deputy Chief justice
Fucntions of the Supreme Court
- As exclusive original jurisdication to hear and determine disputes relating to the election to the office of the president.
- And determines appeals from the court of appeal and any other court or tribunal.
- Advirosry opinion at the request of the National government.
- Make decisions which are binding to all other courts.
- Makes rules for the exercise of its jurisdication.
ii) The court of appeal
This is the 2nd highest court in the country.
It has only appellate jurisdication.
It is composed of
The president who is elected from among its judge’s less than twelve judges.
- Hears appeals from the high court.
- Hears appeals form other court s or tribunals.
- May order a retial of a case by a lower court
iii) The High Court
This is the third highest court
It consist of
Principal Judge elected by judges or the high court from among themselves.
A number of judges prescribed by an act of parliamnent
- Has unlimited original jurisdiction in criminal and civil matters.
- Protects the rights of fundamental freedoms in the Bill of rights.
- Hears appeals from tribunals appointed by the court to consider removal of a person from office other than the president.
- Supervises the subordinate courts.
- Hears appeals from the subordinate courts.
They are lower courts. They have limited jurisdication over criminal and civil cases.
They include the magistrate courts
The kadhi courts
The court martial
a)The magistrate courts
These are leaded by a magistrate who is appointed by the judicial service commission
They operate under certain levels. These are:-
Chief magistrate courts.
Senior principal magistrates’ court
Principal magistrates court
Senior resident magistrates court.
Resident magistrates court.
The chief magistrate courts have administrative powers over all the lower cours within the region. They hear a case that carries a death penalty.
Their hierarchies determine the nature of case handed and the joint sentence given or fine impose.
b) Kadhi courts
These are Islamic court. They handle disputes where both parties are Muslim. Their jurisdiction to Muslim matters are such as: Divorce, marriage, inheritance and personal status.
They are headed by cliet Kadhi who supervise the other Kadhi courts.
It’s a special court established by an Act of parliament to handle matters relating to specific fields. Examples of tribunal in Kenya are
The rent restriction tribunal
The business premises rent tribunal
Commissions of inquirey
The judicial service commission
This is a body established by the constitution promote and facilitate the independence and accountability of the judicialry.
It composed of: – The child justice – chairperson
One supreme court judge
One court of appeal judge.
One high court judge
The attorny – general
Two advocates 1 woman and 1 man, each whom have atleast 15 years expericne, eleted by the law society of Kenya.
One person nominated by the public sercice commission.
One woman and 1 man to represent the public appointed by the president with the approval of the National assembly.
The chief registrar of the judiciary – secretary
Functions of the judicial service commission
- Commands to the president for appointment as judges.
- Reviews and maeks recommendations on the conditions of service of judges, judicial officers and the staff of the judiciary.
- Prepares and implements programmes for th continuing education and training of judges and judicial officers
- Advices the national government on improving the efficiency of the administration of justice.
THE CHIEF JUSTICE
Is head of the judiciary arm of government
He is appointed by the president.
He holds office for one term of 1 years.
For the appointment to the offie the person must have the following qualificastions.
At least 15 years of experience as a Supreme Court judge.
At least 15 years experience as a distinguished academic judicial officer, or legal practitioner.
Hold a law degree from a recognized university or be an advocate of the High court.
Have a high moral character integrity and impartiality.
FUNCTIONS OF THE CHIEF JUSTICE
- Head of the judiciary.
- President of the supreme court
- Chairperson of the judicial service commission.
- Swears into office of the president, deputy president and cabinet secretaries.
- Assigns duties to the judges of the Supreme Court.
- Ways the rule of law is upheld in Kenya.
- By ensuring the independence of the judiciary
- By apprehending and taking suspects to court of law for trial.
- By guaranteeing legal representative to the accused person.
- By subjecting all persons to the law
Challenges facing the judiciary.
- Inadequate personnel, leading to delays in the administration of justice and a backlog of cases.
- Interference in the judicial process by the executive and other influential personalities.
- Corruption in the court of law which results intoi unfair rulings.
- Low level of public awareness on their rights and legal procedures.
- High court fees which limit public access to the courts.
- The use of outdate laws.
- Shortage of equipment and facilitate.
- Poor terms of service and working conditions make it different to administer justice.
- Employment of more personnel
- Improving on the terms of service and remuneration of judges and magistrates.
- Increase funding to the judiciary to enable it acquire modern equipment.
- Providing legal education to the public.
- Making courts more indepent to free zones by creating awareness on the ills of corruption.
- Lowering court fees to make them affordable to ordinary citizens.
FUNCTIONS OF THE NATIONAL GOVERNEMNT
- Developing and implementing foreign affairs and foreign policy.
- Handles matters concernng trade between Kenya and other countries.
- Controls the use of international waters and resources.
- Handles matters pertaining to immigration and citizenship attending the country from external aggression by sitting in place and maintaining a national defence force.
- Providing and maintaining higher education policies.
- Developing health care through formulation of policy and construction and maitanance of national referral hospitals.
- Affecting the environment and national resources affecting the rights of workers by maintaining laobur, standard and managing industrial relatives’ admistering justice by establishing and cointaing an idependent judiciary maintaingin internal security through the Kenya servie. This ensures there is no breakdown law and order.
- Formulates language policy and promotes the use of official and local languages.