Constitution Working Paper Series No. 8 The Legislature: Bi-Cameralism under the new Constitution The Legislature: Bi-Cameralism under the new Constitution The Legislature: Bi-Cameralism under the new Constitution Kipkemoi arap Kirui and Kipchumba Murkomen SID Constitution Working Paper No. 8 ii The Legislature: Bi-Cameralism under the new Constitution The Legislature: Bi-Cameralism under the new Constitution Constitution Working Paper No. 8 Published by: Society for International Development (SID) Regional Office for East & Southern Africa Britak Centre, First Floor Ragati/Mara Road P.O. Box 2404-00100 Nairobi, Kenya Tel. +254 20 273 7991 Fax + 254 20 273 7992 www.sidint.net © Society for International Development (SID), 2011 ISBN No. 978-9966-029-07-2 Printed by: The Regal Press Kenya Ltd. P.O. Box 46166 Nairobi, Kenya Design & Layout: Sunburst Communications Ltd. P.O. Box 43193-00100 Nairobi, Kenya Email:
[email protected] SID Constitution Working Paper No. 8 The Legislature: Bi-Cameralism under the new Constitution iii Abstract The aims of this paper are threefold. First, the paper retraces the history of the Kenyan legislature before and after independence tracking the various transformations spanning a century of its existence. These transformations have been largely characterised by two competing forces: one epitomized by a strong executive seizing power from other arms of government, and the other by pro-reform forces pushing for an expanded democracy, better governance and accountability, and the promotion of rule of law. They agitated for electoral, legislative and constitutional reforms resulting in the reduction of the powers of the president, the re-introduction of multiparty democracy and the expansion of people’s democratic space and shifting power from the presidency back to other arms of the state, including parliament, and by extension to the people.