Abuse of Power and Corruption in Kenya: Will the New Constitution Enhance Government Accountability?

82 Pages Posted: 11 May 2011

Date Written: May 11, 2011

Abstract

This article suggests that corruption in the Kenyan government is largely an institutional problem, rather than a cultural one. It attributes such corruption to the predominance of arbitrary power, especially in the statutory (as opposed to constitutional) order. The statutory order grants executive, legislative, and judicial actors broad powers without establishing effective procedural mechanisms to circumscribe their exercise. In the absence of effective regulation, law often aids the abuse of power and corruption. Although the new constitution establishes principles and mechanisms that may enhance government accountability, the statutory order must be aligned with the values and principles of this new constitution if abuse of power and corruption are to be curbed.

Keywords: Abuse of power, corruption, constitutional law, statutory order, procedural mechanisms

Suggested Citation

Akech, Migai, Abuse of Power and Corruption in Kenya: Will the New Constitution Enhance Government Accountability? (May 11, 2011). Available at SSRN: https://ssrn.com/abstract=1838102 or http://dx.doi.org/10.2139/ssrn.1838102

Migai Akech (Contact Author)

University of Nairobi ( email )

4139-40200
Nairobi, 40200
Kenya

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
321
Abstract Views
1,538
Rank
172,280
PlumX Metrics