Exploring the constitutionality of the whole house method for ensuring executive accountability by the legislature in Kenya

Abstract

Parliamentary oversight is a constitutional principle articulated under Article 153 of the Constitution of Kenya. There are two accepted ways of doing this; the Cabinet Secretaries can appear before committees or, they can appear before the whole house. Over the years Kenya has used both methods to ensure executive accountability. The practice post-independence till 2013 has been to have them appear before the whole house, however, the post-2013 practice till 2022 has been to have them appear before committees as provided for under Article 153(3). The current regime has however changed this by changing the Standing Orders to allow Cabinet Secretaries to appear before the whole house, and this presents the legal question this paper shall address, whether having Cabinet Secretaries appearing before the whole house is constitutional. Findings from this research will show that the method that is supposed to be used is to appear before committees. This conclusion was arrived at by looking at what separation of powers entails, drawing inspiration from the United States and looking at the intention of the drafters of the Constitution. Consequently, the study recommends that our political leaders should strive to follow the law and that the judiciary should correct the executive and the legislature on this act. The main method of research used is desk-based.