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Martin Nyaga Wambora,County Government of Embu,Council of Governors & Margaret Lorna Kariuki v. Speaker of the Senate,Clerk of the Senate,Attorney General,Deputy Governor of Embu County,Speaker of the County Assembly of Embu,County Assembly of Embu & Commission for the Implementation of the Constitution

(2014) JELR 99257 (CA)

Court of Appeal  •  Civil Appeal 21 of 2014  •  30 Sep 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. The issue in this case revolves around the concepts of separation and balance of power. The terms ‘separation of power’ and ‘balance of power’ mean that the power of the three branches of a democratic government– the Legislative, Executive and Judiciary – should not be concentrated in one branch, but should be distributed such that each branch can independently carry out its own respective functions. The separation and balance of power rests on two main principles. First, the competencies of the three branches of governmental power must be clearly delimited and defined. Second, all branches of government are bound by the rule of law.

2. In this judgment, we adopt the dicta by the Supreme Court of South Africa In the matter between The Speaker of the National Assembly and Patricia De Lille (MP) and another, Case No. 297/98 wherein it was stated:

“...No Parliament, no official and no institution is immune from judicial scrutiny...”

We further adopt and concur with t…

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