Bikameralizm w Kenii – restytucja Senatu na mocy Konstytucji z 2010 r. i jego obecna rola w kenijskim porządku prawnym
- Institution: Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
- ORCID: https://orcid.org/0000-0001-5711-4920
- Year of publication: 2024
- Source: Show
- Pages: 91-101
- DOI Address: https://doi.org/10.15804/ppk.2024.04.07
- PDF: ppk/80/ppk8007.pdf
Bicameralism in Kenya-Restoration of the Senate by the 2010 Constitution and its Current Role in Kenya’s Constitutional Order
Article seeks to determine the constitutional position of the Senate in Kenya. Despite the return in the Kenyan parliament to the bicameral model, the analysis of the legislation and its implementation in the system, show that the distribution of powers between the chambers suggests the adoption of a system of non-equilibrium bicameralism, where the dominant role is played by the National Assembly. Indeed, the competencies of the Senate have defined along the lines of federal-type stat Bicameralism in Kenya-Restoration of the Senate by the 2010 Constitution and its current role in Kenya’s constitutional order es, reducing the role of the second chamber to a caretaker function towards the counties (not arbitrary in nature), while significantly limiting its role within the legislature. In the current political situation, the powers of the Second Chamber are challenged from two sides. This is influenced by the National Assembly, as well as the executive branch of the counties, which is demanding broader autonomy. Thus, despite the bicameralism declared by the constitution, functional arrangements seem to be moving toward a unicameral model.