Abstract
This chapter analyses the development of legislatures in Kenya with a focus on their four core functions: law-making, oversight, representation, and constituent services. It highlights some of the unique aspects of legislatures in Africa and places the Kenyan development in comparative perspective, arguing like Barkan (2009) that Kenya has progressed more than other African countries. These achievements notwithstanding more still need to be done to strengthen the role of the legislative bodies at both national and county levels, especially in their relations with the executive and its bureaucracy. The 2010 Constitution of Kenya has raised the bar of what to expect of political actors in the country. Notably, legislators must strike a better balance in performing their functions making sure that the constituency service does not overshadow the more challenging collective action needed in the legislature to make laws, exercise oversight, and represent people. At the sub-national level, there is a question of how to reconcile the role that Constituency Development Funds play in allocating national resources when there is now already a functional devolution of local development funds to the county level.
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Notes
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The creation of constitutional commissions (e.g. the public protector or ombudsman) and independent offices (i.e. the auditor general and controller of budget), otherwise termed as Chapter 15 institutions in Kenya, have recently characterized institutionalization of democratic (governance) principles in contemporary Africa. For example, the 2010 Constitution of Kenya created 14 Constitutional Commissions and 2 independent offices. In the Republic of South Africa, there are currently six Independent Commissions with expectations of more to be created, for example, an Anti-Corruption Commission. Insofar as policymaking is concerned, these commissions are supposed to create participatory, consultative, transparent, and citizen-oriented policy processes. It is in the interest of the legislature to ensure that such a policy context is created and fostered by the executive as other political institutions and actors.
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Onyango, G. (2021). Legislative Policymaking in Kenya. In: Onyango, G., Hyden, G. (eds) Governing Kenya. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-61784-4_5
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