APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA 3.4.1.1 Independence of the Judiciary 95. Article 160 of the Constitution provides that “in the exercise of judicial authority, the Judiciary shall be subject only to this Constitution and the law and shall not be subject to the control or direction of any person or authority.” 96. The Constitution has enhanced judicial independence through its entrenchment of the notion of separation of powers in several ways: • By creating power parity between the Judiciary, the Executive and the Legislature. This parity of has freed the Judiciary from the control and undue influence of the Executive; • By securing financial autonomy of the Judiciary through the creation of the Judiciary; Fund. Each financial year, the Chief Registrar of the Judiciary is required to prepare an estimated expenditure for the following year and submit it to the National Assembly for approval. Upon such approval, the funds are paid directly into the Judiciary Fund; and • By requiring, in recognition of the fact that judicial decisions greatly affect power and resource relations, that the Judiciary interpret the Constitution in a manner that: (a) promotes its purposes, values and principles; (b) advances the fundamental rule of law, and human rights and good governance; (c) permits the development of law; and (d) contributes to good governance. 3.4.1.2 Independence of the Legislature 97. Chapter 8 of the Constitution provides for the establishment of a bicameral house, i.e. the National Assembly to represent the will of the people at the national level, and the Senate to represent the Counties and their governments. The chapter also outlines provisions to enhance accountability and efficiency in the Legislature. It provides for the privileges, functions and composition of parliament and the procedures for enacting legislation in parliament. Article 95 defines the mandate of the National Assembly as to represent the people of constituencies and special interests. 98. Under the current constitutional order, the President has no role to play in the determining the calendar of Parliament. The Parliamentary Service Commission was established to ensure the smooth functioning of the National Assembly. The executive has no direct representation in Parliament since Cabinet Secretaries are non-political officers appointed from outside Parliament. The President and his Deputy are no longer required to be MPs. Parliament is now expected to make legislative decisions and exercise its vetting role in the appointment of state officers. | 83 |