- A significant issue impacting the effectiveness of checks and balances in Kenya is the persistent power struggle between branches.
- African principles such as Harambee in the East, Ubuntu in the South, Ummah in the North, and Sankofa in the West underscore the cultural value of unity and collective responsibility, emphasising community and mutual support.
- Leaders must recognise that checks and balances are not about isolation or protection of individual power but about pulling resources and expertise together to achieve national progress.
In 2010, Kenya adopted a new constitution rooted in the principle of checks and balances among the Executive, Legislature, and Judiciary.
This framework aimed to curb the abuse of power by ensuring that each arm of government acts as a counterweight to one another, promoting accountability and protecting citizens’ interests.
Yet, while this principle of governance was noble in intent, its practice has, over time, been marred by competing interests and misinterpretation, reflecting a skewed application that has hindered Kenya and many African nations from achieving full progress on pressing national needs like universal healthcare, corruption, youth unemployment, and infrastructure development.
Instead of working collaboratively to address national priorities, each branch often acts in isolation, seeking to maintain its power rather than pooling resources for the common good.
This misalignment has seriously affected Kenya and other African nations that strive for effective governance and sustainable development.
A significant issue impacting the effectiveness of checks and balances in Kenya is the persistent power struggle between branches.
Checks and balances were intended to prevent any single arm from abusing absolute power. However, this principle has been interpreted more as a barrier to cooperation than as a framework for shared responsibility.
Each branch often prioritises maintaining its independence over working in synergy with the others, resulting in lost opportunities for unified action.
For instance, the problem of corruption requires a collaborative approach, one in which the Executive, Legislature, and Judiciary each play distinct yet interconnected roles.
The Executive must implement stringent anti-corruption policies, the Legislature should pass effective laws, and the Judiciary is responsible for enforcing those laws without bias.
However, when each branch is more focused on protecting its autonomy, the result is fragmented anti-corruption efforts that fail to address the root of the problem. This lack of cohesion exacerbates the very issues checks and balances were designed to mitigate, such as misuse of public funds, delayed service delivery, and weakened public trust.
Another example is the urgent issue of youth unemployment, which significantly threatens Kenya’s future. Nearly three-quarters of Kenya’s population is under 35, and job creation must therefore be a top priority.
Solving this problem requires the input of all government branches, working in partnership with private sector stakeholders.
In the current scenario, the siloed operations of the arms of government entail the Executive’s role of implementing youth-focused policies and directing resources toward education and job creation programs; the Legislature’s role is to ensure that such policies are backed by legislation and allocate budgets that reflect this priority; the Judiciary’s role meanwhile is to protect young people’s rights to fair wages and labour protections.
This is truly a warped view of each of these arm’s roles in addressing such a challenge that strengthens the future of the very nation that if it’s not in existence, these institutions will not function anyway.
Even with the warped responsibilities, they are rarely addressed in a cohesive manner. What happened to Kenya’s “Big Four Agenda,” which aimed to improve food security, affordable housing, manufacturing, and healthcare? Is it the politics that killed these, or are these issues no longer issues for this country? For such initiatives of national needs to succeed, intra-government collaboration is essential. Yet, the agenda has seen limited progress, largely because competing priorities and a lack of commitment to collaborative implementation hamper the necessary resources and support.
African principles such as Harambee in the East, Ubuntu in the South, Ummah in the North, and Sankofa in the West underscore the cultural value of unity and collective responsibility, emphasising community and mutual support.
These ideals align closely with the original intention behind checks and balances. When Kenya’s constitutional framers embedded checks and balances into the constitution, they likely drew inspiration from such Africa’s classical values.
However, today’s interpretation of these principles has drifted away from their communal roots, instead prioritising institutional dominance over cooperation. In this light, Kenya and other African nations could benefit immensely from reflecting on these values, ensuring that checks and balances are understood as a unifying rather than divisive force in governance.
To bring this change to life, Kenya could establish intra-government forums or task forces specifically focused on addressing issues of national importance.
Such forums would not only include the Executive, Legislature, and Judiciary but could also incorporate private sector representatives and civil society organisations.
For example, a task force on youth unemployment could leverage the expertise and resources of each branch to entrench policies and roadmaps that would concretely move towards alienating this national issue.
This approach would facilitate real progress on key issues, moving beyond rhetoric to concrete, actionable solutions.
Another critical factor is civic engagement. An active, informed citizenry can play a vital role in ensuring that government branches work collaboratively rather than in competition.
Citizens have the power to demand transparency and hold leaders accountable for working in the national interest. A concerted effort by the three branches of government to build the capacity of its citizens is critical.
It’s not the executive role or legislature role, but the government role collectively. A well-informed and responsible citizenry exercises its civic duty to support or elect leaders who are likely to foster responsible politics.
Ultimately, transforming Kenya’s governance structure to reflect a truly unified approach requires a shift as much as a policy change. Leaders must recognise that checks and balances are not about isolation or protection of individual power but about pulling resources and expertise together to achieve national progress.
This vision aligns with the spirit of Harambee, where all parts pull together to achieve a shared goal.
Such a shift would allow Kenya and other African nations to harness their full potential, fostering a political environment where all branches of government work toward a common vision of development and prosperity.
In an age where Africa’s youth population is rapidly growing and where the continent is poised to play an increasingly prominent role on the global stage, achieving this vision is not merely desirable but essential.
Kenya’s future, like that of many African nations, depends on a reimagined governance model where checks and balances become a mechanism for unity, accountability, and progress.
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This shift will require the commitment of leaders, policymakers, and citizens alike to redefine their roles and responsibilities in service of the collective good.
By embracing this collaborative vision, Kenya can overcome the limitations of isolated governance, build resilience against corruption and political instability, and set a new standard for effective governance in Africa.
I share some recommendations from an African perspective that could be helpful in the Policy Paper that can be accessed through https://cadmus.eui.eu/handle/1814/77423
