HUMAN RIGHTS, SEPARATION OF POWERS AND DEVOLUTION IN THE KENYAN CONSTITUTION, 2010

This paper is essentially a study of the new governance system in Kenya and an explanation why constitutional democracy holds the key to the promotion of human rights; entrenchment of the rule of law and the realisation of good governance. The paper suggests that the concept of constitutional democracy is not the same thing as constitutional government; accordingly, to achieve constitutional democracy, a government must be both constitutional and democratic.