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The Principle and Practice of Parliamentary Independence in Kenya

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The Principle and Practice of Parliamentary Independence in Kenya THE PRINCIPLE AND PRACTICE OF PARLIAMENTARY INDEPENDENCE: INTERROGATING THE CASE OF KENYA, 1963-2014. BY AGATHA MAKHANU REG. NO. C50/CE/15493/08 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS AT KENYATTA UNIVERSITY APRIL, 2015. DECLARATION I declare that this thesis is my original work and has not been presented for a degree in any other university. AGATHA MAKHANU Signature……………………………Date………………………………… This thesis has been submitted with our approval as University supervisors. PROF. SHADRACK WANJALA NASONG’O Chairman, Department of International Studies, Rhodes College, Memphis, U.S.A Signature Date: April 27th, 2015. DR. JOSEPH WASONGA Department of History, Archaeology and Political Studies Signature……………………Date……………………………………… i DEDICATION To my late Mama Bernadette Mukhaye Naburuk. ii ACKNOWLEDGEMENTS This thesis-writing has been an unforgettable journey, in which I re- learnt qualities of diligence, modesty, courage and consistency. First and foremost, I am deeply indebted to both my supervisors, Prof. Shadrack Wanjala Nasong‟o and Dr. Joseph Wasonga for their constant patience, enlightenment and mentorship. I also thank Mr. Kipkemboi arap Kirui the former Personal Assistant to former Prime Minister, Raila Odinga, for his insightful comments and helpful suggestions. My special gratitude goes to Mr. Clement Nyandiere, head of research at parliament for facilitating my access to legislators. In particular, I express my gratitude to Mr. Erick Ondieki who helped me arrange all the necessary interviews and questionnaires with legislators at the Continental House. I owe special thanks to all the parliamentarians who accepted to be interviewed. I wish to thank all members of the Department of History, Archaeology and Political Studies at Kenyatta University who led me through this journey of discovering both research and myself. Similarly, the provocative thinking and assistance of colleagues and friends; Geoffrey Karigi, Fredrick Warurii, and Metrine Sabwami, encouraged and improved both my work and my life. Finally, but most important, I am grateful to my late mother Bernadette Mukhaye Naburuk, my husband Dr. Willis Ambusso and our children Dosilaer and Marcel Ambusso for their endless love and support which makes me feel so privileged. iii TABLE OF CONTENTS DECLARATION ....................................................................................................... i DEDICATION .......................................................................................................... ii ACKNOWLEDGEMENTS ..................................................................................... iii TABLE OF CONTENTS ......................................................................................... iv LIST OF TABLES .................................................................................................. vii LIST OF ABBREVIATIONS ................................................................................ viii OPERATIONAL DEFINITION OF TERMS .......................................................... ix ABSTRACT ........................................................................................................... xiii CHAPTER ONE ......................................................................................................... 1 INTRODUCTION .................................................................................................... 1 1.0 Background to the Study .......................................................................... 1 1.1 Statement of the Problem ......................................................................... 6 1.2 Objectives of the Study ............................................................................ 7 1.3 Premises of the study ............................................................................... 7 1.4 Research Questions .................................................................................. 8 1.5 Justification and Significance of the Study .............................................. 8 1.6 Scope and Limitations .............................................................................. 8 1.7 Literature Review ..................................................................................... 9 1.8 Theoretical Framework .......................................................................... 21 1.9 Research Methodology .......................................................................... 23 1.9.1 Research Design ..................................................................................... 23 1.9.2 Study Area ............................................................................................. 23 1.9.3 Study Population .................................................................................... 24 iv 1.9.4 Sampling Design .................................................................................... 24 1.9.5 Sample Size ............................................................................................ 24 1.9.6 Methods of Data Collection ................................................................... 24 1.9.7 Data Analysis and Interpretation ............................................................ 25 CHAPTER TWO ...................................................................................................... 27 PARLIAMENTARY INDEPENDENCE: PHILOSOPHICAL AND HISTORICAL CONTEXT ................................................................................................. 27 2.0 Introduction .................................................................................................... 27 2.1 Classical Period: Theoretical and Historical Developments of Separation of Powers ........................................................................................................ 27 2.2 The Theory of Separation of Powers ............................................................. 35 2.3 Separation of Powers in the Westminster Model ........................................... 40 2.3 Summary and Conclusion .............................................................................. 48 CHAPTER THREE .................................................................................................. 50 SEPARATION OF POWERS AND THE KENYAN EXPERIENCE, 1963-1990 50 3.0 Introduction .................................................................................................... 50 3.1 The Historical Development of Kenyan Parliament (1907-1962) ................. 50 3.1.1 Historical Development of the Post-Colonial State, 1963-1992 .................... 54 3.1.2 Constitutional Amendments to the Independence Constitution ..................... 58 3.2 The Principle of Separation of Powers and the Kenyan Parliament .............. 63 3.5 Summary and Conclusion .............................................................................. 78 CHAPTER FOUR ..................................................................................................... 79 POLITICAL REFORMS AND PARLIAMENTARY INDEPENDENCE ............ 79 4.0 Introduction ................................................................................................ 79 v 4.1 Political Reforms and Developments in the Kenyan Parliament, ............... 80 4.2 The Impact of Political Reforms on Parliamentary Independence ................ 94 4.3 Summary and Conclusion ............................................................................ 114 CHAPTER FIVE .................................................................................................... 115 CHALLENGES OF THE AFRICAN STATES; THE KENYAN EXPERIENCE ................................................................................................................. 115 5.0 Introduction .................................................................................................. 115 5.1 The Nature of the African States ................................................................. 115 5.2 The Kenyan Experience: Implications on the Independence of the Kenyan Parliament ................................................................................................ 126 5.3 Summary and Conclusion ............................................................................ 142 CHAPTER SIX ....................................................................................................... 143 SUMMARY AND CONCLUSION...................................................................... 143 6.0 Introduction .................................................................................................. 143 6.1 Summary and Conclusion ............................................................................ 143 APPENDICES ...................................................................................................... 148 REFERENCES ..................................................................................................... 155 vi LIST OF TABLES Table 3.1 Challenges during the one-party state 77 Table 4.1 Challenges of departmental committees 98 Table 4.2 Factors affecting voting in parliament 105 Table 4.3 Challenges in the passage of bills 111 vii LIST OF ABBREVIATIONS PSC Parliamentary Service Commission PS Parliamentary Service SOs Standing Orders PAC Public Accounts Committee PIC Public Investment Committee C&AG Controller and Auditor General HBC House Business Committee PA Provincial Administration KPU Kenya Peoples Union NCEC National Convention Executive Council NACC
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