dc.description.abstract | This research project examines why Kenya’s system of government remains highly
centralised despite the entrenchment of devolution in the Constitution of Kenya, 2010.It
argues that although the Constitution of Kenya,2010 envisions a devolved system of
government, nevertheless Kenya’s system of government remains highly centralised
because the current constitutional design of devolution allows recentralization of political
power through legislation.
This research project relies on a mixed methodological approach to examine whether all
attempts to disperse power from the center have always been designed to retain control by
the center. With the help of ‘Kelsenian’ pure theory of law, devolution is described as an
order of norms, and critical legal studies theory which propounds that laws benefit those
who wield political power during the making of such laws, the research project ascribes two
reasons for the retention of central control in the design of devolution in Kenya. The first
reason is to maintain the cohesiveness of a nation state that was forcefully forged from
previously independent nations(tribes). Secondly, those wielding political power before
devolution always influence the design of government to retain political power at the center.
Finally, this research project demonstrates that devolution of political power is highly
limited. In this regard, it proposes a re-examination of the current design of devolution with
an aim of clarifying the intended degree of deconcentration of political power. | en_US |