Policy Monitor, Issue 7 No. 2 January-June 2015 on Supremacy Wars Between State Agencies in Kenya Could Compromise Good Governance

Abstract

Although each arm of government is independent of the other, the three are designed such that their functions complement and check on the excesses of the other. Good governance is compromised when either arm of government performs its functions in a way that encroaches on the mandate of the other. When the other arm asserts its position and challenges the encroaches this spurs supremacy wars and undermines institutional inter-dependence, which is critical for good governance. The promulgation of the new Constitution in Kenya in 2010 heralded an era of strengthened institutions of governance. Chapter 8 of the Constitution creates a bi-cameral Parliament comprising the National Assembly and the Senate, each with a clear mandate. Equally, Chapter 10 provides the criteria for establishment and the functions of the Judiciary. Recent disagreements between the two houses of parliament portray a supremacy war that is likely to compromise the inter-dependence of the Legislative arm of government, which in turn will affect good governance.