In 2010, Kenya promulgated a new Constitution. The new constitution was seen by a majority of Kenyans as an expression of their wishes and they expected it to deal with the question of historical land injustice, ethnicity as well as equitable distribution of resources.
The Constitution brought with it new reforms. The most critical salient features in the constitution are; a devolved system of governance; weakening of the presidency through the introduction of various checks on the executive, a bicameral legislature; strengthening of judicial independence; and enactment of a progressive bill of rights.
Power is no longer centralized at the national/central government as was the case in the 1969 Constitution. Separation of powers, rule of law, judicial independence, democracy and participation of the people consists of one of the fundamental tenets of our constitution. Separation of power which is central to our discussion seeks to ensure that there is a clear demarcation of functions between arms of government. It has played a major role in the formation of the Constitution. However, for this to be realized, the judiciary must be free from parliamentary and executive interference.