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Political
and Administrative System
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Country
Info
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Kenya
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| Map |
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| Flag |
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| Basic
Social and Demographic Data |
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| Government
Type : |
Republic
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| Legal
System: |
Based on English common law, tribal law,
and Islamic law; judicial review in High
Court; accepts compulsory ICJ jurisdiction,
with reservations; constitutional amendment
of 1982, making Kenya a de jure one-party
state repealed in 1991
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| Political
Independence: |
12
December 1963 (from UK) |
| How
many levels of government are there currently
and what are they? |
There
are two levels of government in Kenya: central,
and local. |
Administrative
Division
(as of 1999): |
7
provinces and 1 area*; Central, Coast, Eastern,
Nairobi Area*, North Eastern, Nyanza, Rift
Valley, Western |
| Number
of Administrative Regions: |
68
in 1998, 53 in 1993, 42 in 1988 |
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| Constitution: |
Adoption
(date): (161)
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December
1964
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Comment (161):
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The
current constitution was adopted in December,
1964, when Kenya became a republic. It was
last ammended in 1998.
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Under the current constitution, a president
can serve only two five-year terms. The present
constitution was drawn up at independence
and draws heavily on English law, although
it has been amended over 30 times. Amendments
require a two-thirds majority in the unicameral
National Assembly, which consists of 210 directly
elected members, 12 nominated members, the
speaker and the attorney-general. The constitution
gives the president extensive power and is
not adapted to multiparty politics, despite
the repeal in December 1991 of Section 2a,
which had formalised the one-party state.
The president can declare a state of emergency
and security zones, under which rights of
assembly and movement can be severely curtailed.
Judges are appointed by the president and,
although they have security of tenure.
The full cabinet meets infrequently, and government
policy is directed almost exclusively through
the Office of the President, which has the
largest departmental budget and directly controls
key areas of security and defence. |
| What
institutions, ministries, agencies, and other
bodies are defined by the constitution as
making up the following branches of central
or national government? (162) |
Legislative:
(163A)
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Unitary
Parliament
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unicameral National Assembly or Bunge (222
seats, 12 appointed by the president, 210
members elected by popular vote to serve five-year
terms)
elections: last held 29 December 1997 (next
to be held between 1 December 2002 and 30
April 2003)
election results: percent of vote by party
NA; seats by party KANU 107, FORD-A 1, FORD-K
17, FORD-People 3, DP 39, NDP 21, SDP 15,
SAFINA 5, smaller parties 2; seats appointed
by the president KANU 6, FORD-Kenya 1, DP
2, SDP 1, NDP 1, SAFINA 1 |
Executive:
(163B)
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Presidency,
Cabinet, Civil Service and Statutory agencies.
**
chief of state: President Daniel Toroitich
arap MOI (since 14 October 1978); note the
president is both the chief of state and head
of government
cabinet: Cabinet appointed by the president
elections: president elected by popular vote
from among the members of the National Assembly
for a five-year term; election last held 29
December 1997 (next to be held by early 2003);
vice president appointed by the president
election results: President Daniel T. arap
MOI reelected; percent of vote Daniel T. arap
MOI (KANU) 40.12%, Mwai KIBAKI (DP) 31.09%,
Raila ODINGA (NDP) 10.2%, Michael WAMALWA
(FORD-Kenya) 8.29%, Charity NGILU (SDP) 7.71% |
Judicial:
(163C)
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Chief
Justice, Court of Appeal, High Court, and
Magistrates' courts
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Court of Appeal, chief justice is appointed
by the president; High Court |
| What
legislation defines and governs the national
public service? When was it last modified?
(164) |
Public
Service Comission Act, Chapter 185. It was
last ammended in 1985. |
| What
regulations and/or guidelines govern the national
public service? When was it last modified?
(165) |
Code
of Regulaltions. The current one was revised
in 1992. |
What
collective agreements are binding on the national
public service? When were they last negotiated?
Which parties were involved? (166)
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The
Kenyan civil sevice is not unionised. Consequently
it does not have any collective agreements
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1998
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1993
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1988
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Source |
| Number
of ministries and independent statutory agencies |
26
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30
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UNDESA |
| Central government organigram (by UNDESA): |
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| Political
History |
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GDaniel
arap Moi, who was re-elected president in
December 1997, is in his last term of office
under the existing constitution. As head
of state and government, Mr Moi has wide-ranging
powers: he personally appoints all members
of the cabinet (including the vice-president),
senior civil servants and heads of parastatal
organisations. His party, the Kenya African
National Union (KANU), controls a majority
of the seats in parliament. Presidential
and parliamentary elections are due by December
2002.
Kenya became a republic in December 1964,
with Mr Kenyatta as its first president.
The entire KADU membership had earlier defected
to KANU, turning Kenya into a de facto one-party
state. The presidency passed 1978 to Daniel
arap Moi. In 1982 a constitutional amendment
officially made Kenya a one-party state.
In 1988 Mr Moi was re-elected for a third
term, but widespread irregularities in voting
for the legislature served further to discredit
the one-party system.
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Until
1990 opposition to the increasingly authoritarian
government was limited, partly as a consequence
of relative economic prosperity. An informal
grouping of churchmen, lawyers and disgruntled
politicians called for multiparty government,
leading in July 1990 to protests in Nairobi,
which were violently suppressed by the security
services. Following strong pressure from
donors, including the suspension of aid,
the government rapidly capitulated. In December
1991 parliament repealed the section of
the constitution that had made Kenya a one-party
state.
President Moi and KANU won the December
elections reasonably easily. The opposition
vote, while impressive,
was hopelessly split.
In
the 1997 elections a united opposition had
won limited political and constitutional
concessions from the government, but Mr
Moi retained the presidency and KANU managed
to cling on to a slender overall majority
in parliament.
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| Transparency International's Corruption Perceptions Index (CPI) has assumed a central place in debates about corruption. It is used by economists, academics, business people and journalists. The growing importance of the CPI has stimulated interest in the methods used to compile it each year. This document, complementing the publication of the 1999 CPI and the press materials published with it, provides an in-depth explanation of the methodology.
The goal of the CPI is to provide data on extensive perceptions of corruption within countries. This is a means of enhancing understanding of levels of corruption from one country to another. It does not attempt to assess the degree of corruption practiced by nationals outside their own countries. This is a separate phenomenon and a separate instrument, the Bribe Payers Propensity Index (BPI), is published this year for the first time.
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