The Government of the Republic of Kenya (GoK) is the national government of the Republic of Kenya which is composed of 47 Counties, each county with its own semi-autonomous governments. The national government is composed of three arms: The Legislature, the Executive, and the Judiciary. Each arm is independent of the other and their individual roles are set by the Constitution of Kenya. The full name of the country is the “Republic of Kenya”. Its official Swahili name is ‘Jamhuri ya Kenya’. Other terms such as GoK, GK, and Serikali are popularly used to refer to the Kenyan government. Government of Kenya Structure and Ministries
The government was formed in 1963. However, Kenya didn’t become a republic until 1964. Initially, the head of government was the Prime Minister who was Jomo Kenyatta. He later became the first President of Kenya.
The current structure of government allows power to be held on two levels: The national level and the county level. This allows the Counties of Kenya a form of autonomy. Before the 2013 elections Kenya was under a central government with eight provinces:
The country is a representative democracy legislatively, and a direct democracy in the election of its president, who is the leader of the Executive branch of government. Kenya’s constitution states that it is a multi-party democratic state founded on the national values and principles of governance referred to in Article 10.
There are three arms of government, which operate independently and work to balance each other, based upon the “Separation of powers” principle. Before the 2013 general election, the Judiciary wouldn’t be considered as independent as it is today, and before the 1992 elections Kenya wasn’t a multiparty state – all power was centered in the Executive with Daniel Arap Moi as President.
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 are reasons to believing that the President has committed a crime under national or international law or for gross misconduct
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
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 11 deputy presidents since independence.
The Deputy President’s functions are to be the main assistant to the President and shall deputize 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.
The Deputy President as the president is limited to two terms in office.
The Government is run by the Ministries of Kenya. The constitution limits the number of Ministries to a minimum of 14 and a maximum of 22. The headings of the ministries are known as Cabinet Secretaries who are all nominated by the President. The President has the power to assign and dismiss a Cabinet Secretary
A Cabinet Secretary cannot be an MP and their deputies are known as Principal Secretaries.
All civil servants e.g. teachers in public schools or diplomats fall under one of the ministries in the Cabinet.
Recently, there are twenty-one ministries that are inside Kenya’s Cabinet, and those twenty-one Cabinets and its state departments are as follows;
The presidency: The presidency cabinet of Kenya comprises the deputy president’s office, the president’s executive office, and then the office of the cabinet affairs.
The ministry of National Government Coordination and The Interior department: The second cabinet of Kenya is made up of conventional state departments and services of Rehabilitation centers; the Interior Department.
The National Treasury: In this National Treasury ministry that is all about the National state section for planning is coordinated by the Authority of the Kenya Revenue.
Ministry of International Trade and Foreign Affairs: This ministry is made up of two sections; International Trade State Department and Foreign Affairs State Department.
Ministry of Defence: The Kenya Defence Forces coordinates the affairs of the Defence state department.
Ministry of Health: The Ministry of Health is made up of the state department of health.
Ministry of Science and Technology and Education: This ministry in Kenya is comprised of the State Department of Basic Education and Early Learning, the State Department of University Research and Education, And then State Department of Skills Development and post-training.
Ministry of Infrastructural Development and Transport: Kenya’s Railways Corporation and Ports Authority, The Kenya National Safety Authority and transport; Railways Corporation of Kenya and then the National Highways Authority of Kenya coordinates the activities of the state department of Maritime Affairs and Shipping, State Department of Urban Development and Housing, state Department of Transportation system and then the Infrastructure state Department.
Ministry of Arid and Semi-Arid Lands and Devolution: This is made up of Devolution State Department and Arid and Semi-Arid lands State Department.
Ministry of Lands: The ministry of lands consists of Lands State Department and it is coordinated by the National Land Commission.
Ministry of Petroleum and Mining: It is made up of Petroleum State Department and Mining State Department.
Ministry of Irrigation and Agriculture: This ministry is comprised of Agricultural Research of State Department, State Department of Fisheries, State Department of Irrigation and state Department of Livestock rearing.
Ministry of Northern Corridor Development and East Africa: Northern Corridor Development State Department and East African state Department are the two departments that made up the ministry of Northern Corridor Development and East Africa.
Ministry of Social Protection and Labor: The National Social Security Fund coordinates the activities of the State Department of pension, social protection and Affairs of the senior citizens; And then the State Department of Labor.
Ministry of Wildlife and Tourism: This ministry is consisting of the State Department of Wildlife and Tourism.
Ministry of Sanitation and Water: Its state ministry is the State Department of Sanitation and Water.
Youth, Public Service, and Gender Affairs Ministry: State Department of youth, public service, and Gender Affairs is this ministry’s state ministry.
Ministry of Energy: Energy Renewable State Department and Energy State Department are the two-state ministry departments of this ministry.
Enterprise and Industrialization Development: Its state ministry is made up of the Industrialization state Department and Enterprise Development state department.
Ministry of communication, Information, And Technology: Kenya’s Communications Authority coordinates the affairs of the state ministry of communication, Information and Technology.
Ministry of Heritage and Sports: It is made up of the Heritage State Department and State Ministry of Sports.
The Judiciary is charged with applying and upholding the law. This is done through a legal system consisting of courts.
The Court System
The Judiciary is led by the Chief Justice, formerly led by David Kenani Maraga. The highest court is the Supreme Court whose decisions are binding on all the other courts.
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., 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.
All Judges, including the Chief Justice and the Deputy Chief Justice, are selected by the Judicial Service Commission but are officially appointed by the President. 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.
Elections and voting
Elections in Kenya 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.
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 offense during the preceding five years. Elections in Kenya are overseen by the Independent Electoral and Boundaries Commission.
The Counties of Kenya have devolved functions of the former central government. Each county has its own Governor who is directly elected and thereafter becomes the highest elected official in the county. Each county has its own County Assembly with MCAs (Members of the County Assembly) as representatives.
The powers of the County are provided in Articles 191 and 192 and in the Fourth Schedule of the Constitution of Kenya and the County Governments Act of 2012.
Functions and duties not assigned by the Constitution automatically become the National government’s responsibility.
As opposed to other devolved governments around the world, only the national government may impose an 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 authorized to impose by an Act of Parliament
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