The Government



1. The National Executive Arm of the Republic of Kenya comprises the President, the Deputy President and the Cabinet. The composition of the National Executive shall reflect the regional and ethnic diversity of the people of Kenya.

2. The Judiciary Arm of Government has Judicial authority derived from the people and vests in, and shall be exercised by, the courts and tribunals established by or under the Constitution. In exercising judicial authority, the courts and tribunals shall be guided by the following principles: -


(a) justice shall be done to all, irrespective of status;

(b) justice shall not be delayed;

(c) alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted,

(d) justice shall be administered without undue regard to procedural technicalities; and

(e) the purpose and principles of the Constitution shall be protected and promoted.


3.The Legislative Arm of Government. Parliament of Kenya consist of the National Assembly and the Senate. The National Assembly and the Senate shall perform their respective functions in accordance with the Constitution as follows: -


a) The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament;

b) Parliament manifests the diversity of the nation, represents the will of the people, and exercises their sovereignty;

c) Parliament may consider and pass amendments to this Constitution, and alter county boundaries as provided for in this Constitution;

d) Parliament shall protect this Constitution and promote the democratic governance of the Republic; and

e) No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation.


The separation of powers among the three arms of government is as follows: -