Government of Kenya

Our Government

These pages have been written to help you discover the background and structure of government in Kenya.

Kenya’s formal name is the Republic of Kenya. The form of government used in Kenya is a Presidential Constitutional – ‘Constitutional’ because the powers and procedures of the Kenya Government are defined by a written constitution and ‘Presidential because Kenya’s Head of State is the elected president.

State Government

The State Government, also known as the Kenyan Government or the National Government, passes laws which affect the whole country. The constitution is the supreme law of the land of Kenya, taking precedence over all other forms of law, written and unwritten. The constitution will supersede any other law inconsistent with it, and the other law, to the extent of its inconsistency, will automatically become void. Many Acts of Parliament are made pursuant to particular provisions in the Constitution.

The State Government is divided into three 'arms' (also called functions):

1. Legislature:

The legislature (or parliament) has only one chamber and its main function is to debate and vote on new laws to be introduced. It consists of the president and the National Assembly.  Currently the National Assembly is composed of 224 members (222 being Members of parliament and 2 ex-officio members), the Attorney General, and the Speaker of the National Assembly. The Speaker presides over the meetings of the National Assembly.

2. Executive:

The executive is responsible for enacting and upholding the laws established by the legislature. The Executive consists of the President, the vice-President and certain members of the legislature (called ministers and Assistant Ministers who are all members of the National assembly (Parliament)). The executive also has special responsibilities for certain areas of the law.

3. Judiciary:

The judiciary is the legal arm of the State Government. It is independent of the other two arms, and is responsible for enforcing the laws and deciding whether the other two arms are acting within their powers.

Click on The Basic Facts menu to the left for more information on the role and structure of the National Government.

Local Government

Local governments are also known as local authorities and are established by the state government to take responsibility for a number of community services. Local governments have a legislature and an executive but no judiciary. Their powers are defined by the state government which established them. Local governments are also known as local councils.

More about Government

Click on any of the links below to learn more about the Government of Kenya

Government

Before independence in 1963, Kenya was a British colony governed by an all-powerful colonial administrator. The vast majority of Kenyans were not allowed to vote and were not represented in the government. With independence, Kenya became a constitutional monarchy under the nominal sovereignty of the British monarch, with a prime minister serving as head of government. In 1964 Kenya cut its ties to the British throne and became a republic with a president as head of state and government. From 1964 to 1966, and from 1969 to 1982, Kenya was, for all practical purposes, a one-party state; between 1982 and 1991 it was a one-party state by law. In 1991 the Kenyan government allowed for the existence of multiple political parties, and in 1992 the country held its first contested presidential elections.

Independent Kenya’s first constitution, adopted in 1963, provided for a semifederal system with a two-chamber national legislature and regional governments with designated powers. When the constitution was revised in 1964 to provide for a republic with a strong president, most federal features of the government were scrapped. In 1967 the two chambers of the legislature were merged to form the single-chamber National Assembly. The country holds regularly scheduled parliamentary elections, and all citizens age 18 and older are eligible to vote.

Executive

The executive branch is the most influential branch of the Kenyan government. Kenya’s president serves as head of state. The president is elected by the people for a five-year term, and a 1991 constitutional amendment established a two-term limit for the presidency. To become president, a candidate must simultaneously run for president and for a seat in parliament and must win both elections. The president appoints a cabinet of ministers, each of whom heads an executive department of the government, and a vice president, who is also a member of the cabinet. Under the terms of a 2008 power-sharing agreement, the position of prime minister was created to replace the president as head of government.

Legislature

Kenya’s parliament is a single-chamber body called the National Assembly. Legislation passed by the parliament becomes law after being approved by the president. Elections to the National Assembly are held every five years, unless called earlier by the president or the assembly itself. Following the elections held in 2002, the National Assembly consisted of 210 directly elected representatives (including the president), 12 members nominated by the president, the attorney general, and the speaker of the house.

Judiciary

Kenya’s judiciary consists of two major courts and a number of lower magistrate courts. The major courts are the Kenya Court of Appeal, with 9 judges, and the High Court of Kenya, with 27 judges. All judges are appointed by the president. Kenya’s legal system is based on English common law, tribal law, and Islamic law. Trial by jury is not used in Kenya.

Local Government

For administrative purposes, Kenya is divided into seven provinces (Central Province, Coast Province, Eastern Province, Northeastern Province, Nyanza Province, Rift Valley Province, and Western Province), in addition to the extra-provincial region of Nairobi and its environs. The provinces are divided into dozens of districts, which in turn are divided into divisions, which are further divided into locations. A commissioner heads each province and district, while a district officer heads each division; chiefs head the locations. All of these officials are under the direction of the president. This system of local government was inherited from the colonial period. Kenya’s districts and municipalities also have elected councils, which raise revenue to provide some local services.

Political Parties

Between 1982 and 1991 Kenya was a one-party state by law. The ruling party was the Kenya African National Union (KANU), a conservative nationalist party dominated by the interests of President Daniel arap Moi. At the end of the 1980s many Kenyan people began to protest the system of one-party rule, and in late 1991 the government agreed to permit the registration of other political parties. More than a dozen new political parties were legalized in 1997. KANU remained the ruling party of Kenya until December 2002 elections, which were dominated by an alliance of opposition parties called the National Rainbow Coalition (NARC). Ethnicity has long been a main determinant of political party membership.

Social Services

Kenyans rely on family support for many of their social welfare needs, including school fees and funeral expenses. However, Kenya’s government provides funding for a range of hospitals, health centers, and clinics. The government also provides support for adult literacy classes.

Defense

In 2006 Kenya’s defense establishment consisted of an army of 20,000 personnel, a navy of 1,620, and an air force of 2,500. Military service is voluntary. Kenya’s military has had relatively little influence on politics.

International and Regional Organizations

Kenya is a member of the Commonwealth of Nations, the African Union (AU), and the United Nations (UN). Kenya is linked economically and politically with Burundi, Rwanda, Tanzania, and Uganda through its membership in the East African Community.