Navigating the line between party discipline and party tyranny and its effect on the independence of the National Assembly of Kenya, 2013 - 2024

Abstract

This research paper examines the effect of political party affiliation and the prevailing legal framework on the principle of separation of powers, with a specific focus on the independence of Kenya's National Assembly, post the new constitution. The study explores how political party dynamics influence decision-making, legislative autonomy, and the effectiveness of checks and balances in the legislative sphere. Against the backdrop of Kenya's vibrant political landscape and evolving party structures, the research delves into the challenges legislators face in adhering to party directives while striving to uphold their autonomy. Employing a doctrinal legal research methodology, the study provides an in-depth analysis of the legal provisions governing political party affiliation and governance and their implications on legislative independence. The findings reveal that the National Assembly is increasingly under the influence of the executive, often through the guise of political party discipline. This has resulted in the President wielding unchecked power, undermining the principle of separation of powers and compromising the autonomy of the legislature. To address these challenges, the study recommends abolishing the legal provision that exempts the President and executive members from being classified as state officers in the context of political party leadership. This exemption enables them to hold party leadership positions, thereby exerting undue influence over legislative processes. The conclusions and recommendations presented in this study aim to contribute to policy reforms that enhance the autonomy of Kenya's National Assembly and strengthen the principle of separation of powers, ultimately supporting democratic governance and national unity.