n Journal of African Elections - The legal framework of the Gnu and the doctrine of the separation of powers




The central theme of this study is that the formation of the coalition government has undermined the sanctity of the doctrine of separation of powers, is inconsistent with democratic principles, and, more particularly, undermines the right of popular sovereignty exercised by the electorate on 27 December 2007 in conformity with the Constitution and constitutionally established electoral laws. The National Accord and Reconciliation Act which established the government of national unity (GNU) has put in place a unique legal regime in Kenya's post-independence history. In many respects, while Kenya has a multiparty state system it currently operates like a de facto one-party state. The dominant political parties, namely, the Party of National Unity (PNU) and the Orange Democratic Movement (ODM) and their party affiliates are the contracting parties to the agreement, leaving the legislative assembly without an effective official opposition party to check the potential excesses of the executive branch of government. This anomaly is further aggravated by the fact that the third-largest political party, the ODM-Kenya, is an affiliate of the PNU.


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