Government Under the New Constitution
Open. Accountable. Responsible
A. The Executive, the PA, and Security Organs
B. Commissions and Independent Offices
The New Constitution of 2010 is clear on who now owns executive power in Kenya. It is the people of Kenya. This declaration alone is a source of great optimism and assurance for all Kenyans and more so for the previously marginalised classes. The declaration has given rise to new institutions, functions and processes that will exercise this executive power on behalf of the people. At the heart of these changes is devolution of power from the center. This power is to be shared between a lean Cabinet, Commissions, Independent Offices and County Governments. The case for devolution to the Counties is really a triple devolution of political, fiscal, and administrative powers. This particular decentralization is covered in more detail under the Counties link.
The New Constitution provides for Executive Authority as belonging to the people of Kenya. The people have then delegated this authority to the government to exercise it on their behalf in a manner that guarantees their rights, equality, freedom, peace, security, democracy, social justice and the rule of law. The people have exercised their sovereign and inalienable right to determine the form of governance in their country. Consequently, government draws its authority from this very fact.
The top Executive Authority in Kenya has been entrusted to the Cabinet in accordance with the New Constitution. The Cabinet will exercise this authority directly, or by the occasional transfer or delegation, to a county government, a restructured Provincial Administration, and through Commissions, Independent State Organs and various Public Funds. Indeed, the County governments will enjoy reasonable autonomy and authority as provided by the Constitution of Kenya 2010. Fiscal devolution to County Revenue Funds has also assured that the people of the Counties will participate in the exercise of governance.
The Cabinet consists of the President and Deputy President who will be elected together, the Attorney-General, the Secretary to the Cabinet and Cabinet Secretaries who will number between 14 and 22. Each State department will be headed by a Principal Secretary. The Provincial Administration is expected to be remoulded to conform to the new thinking under the New Constitution. Commissions and Independent Offices will be expected to protect the sovereignty of the people. The National Security Council will be the peoples' (civilian) administrative body over the National Security Organs.
Click any of the links in the table above for more details on the key structures and offices of government under the New Constitution.
1. Constitution of Kenya, 2010. National Council for Law Reporting. The Attorney General