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EXPLAINER: How three arms of government differ in roles

Each of the three is independent of the other and has individual roles set by the Constitution

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by KELVIN NGENO

News23 January 2024 - 10:59
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In Summary


  • The Constitution says the Judiciary should ensure justice is done to all, irrespective of their status and see that justice is not to be delayed. 
  • The three arms of government therefore have different functions but work together towards ensuring equity, accountability and transparency in their work in accordance to the Constitution
President William Ruto with the representatives of the three arms of government.

There has been a push and pull within the Judiciary, Legislature and the Executive, with the Judiciary requesting to be allowed to perform its mandate.

Each of the three is independent of the other and has individual roles set by the Constitution of Kenya.

But what are the roles of the three arms of government? 

The Executive consists of the president, the deputy president and the Cabinet. The president is the head of state and government.

The president exercises the executive authority with the assistance of the DP and Cabinet secretaries. 

The Executive's major role is to enforce the laws and policies of the land and exists at both the national and county levels of government. It is distinct from the Legislature and the powers of its head are limited and checked.

The Legislature is the supreme law-making body that controls the financial appropriation of government departments and examines government proposals to improve them.

They make and amend laws that govern Kenyans. It is the body that represents the people in the constituency, hence, members advance the interests of the people at the National Assembly.

It also exists at both the national and county level. Among the key roles of the national legislature is to impeach the President.

The last arm is the Judiciary which is responsible for determining disputes and interpreting laws.

It is independent of both the Executive and the Legislature – but it is worth noting that its budget is approved by Parliament.

The Judiciary has three jurisdictions – the High Court, Court of Appeal, and Supreme Court. It is headed by a chief justice and a deputy chief justice.

The Constitution says the Judiciary should ensure justice is done to all, irrespective of their status and see that justice is not to be delayed. The Judiciary is not devolved but its officers are vetted.

The three arms of government therefore have different functions but work together towards ensuring equity, accountability and transparency in their work in accordance to the Constitution of Kenya. 

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