Constitutional LawLegislative Power, Structure and Process in Kenya and Africa – Chapter 7

This Chapter adopts a three-pronged methodology on legislative power, structure and process in Kenya and Africa. First, what is the legislative and the core powers and functions of the Legislature in Kenya and Africa? Second, what is the composition and the core organs or structures of the Legislature in Kenya and Africa? Third, what are the legislative processes, especially regarding law making, representation, and oversight including budgetary processes…. See Chapter 5, “Methodology of Constitutional, Administrative and Regulatory Law in Kenya and Africa: The Constitutional Sociology, Political Economy and Cultural Politics of Sustainable Development” CODRALKA 1.

The three-pronged methodology addresses at least twelve (12) key question on legislative power in Afro-Kenyan constitutional democracy. First, what is law? Second, what is law making? Third, what is legislation? Fourth, what is regulation? Fifth, what is a rule? Sixth, what is rule making? How have these been influenced by the five presidential administrations in Kenya, namely: Jomo Kenyatta I, Daniel Arap Moi, Mwai Kibaki, Uhuru Kenyatta I, and William Ruto? Seventh, what agencies have the power on law or rule making or regulation in Kenya and Africa?…What is the
legislative…interface in Kenya and Africa?

Eight, what is legislative power and process in primary and secondary, delegated or subsidiary law and rule making? Ninth, what are the law making, rule making and regulatory processes? What of regulatory impact assessment. Tenth, how can Afro Kenyanist theory help analyze, appreciate and reform the legislative power and process?

Eleventh, how are these conceptualized, problematized and contextualized in Kenya and Africa? Twelfth, what is the rationale, justification, raison d’etre or theoretical foundation of legislation, and what is the theoretical foundation of the legislative framework?

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