Constitutionalism in promoting democracy in Kenya: a case study of Mandera County
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Date
2018-04
Authors
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Publisher
Kampala International University; College of Humanities and Social Science
Abstract
The study sought to examine the constitutionalism in promoting democracy in Kenya. The study objectives were; to assess the effect of recognition and protection of fundamental rights and freedoms on democracy in Mandera County, Kenya, to examine the effect of separation of powers on democracy in Mandera County, Kenya and to examine the effect of independent judiciary on democracy in Mandera County, Kenya. The research design was of a cross sectional survey. Qualitative and quantitative approaches were used to collect data. This enabled the researcher to get divergent views on the subject. Through qualitative methods, the respondents’ attitudes, behaviours and experiences were captured. The researcher used quantitative methods such as questionnaires and structured interviews to gather large scale data, in a relative manner. The population of the study used a total population of Mandera County which is 1,025,756 as indicated in by Kenya National Bureau of Statistics (2009). However since sonic respondents were not accessible. The researcher targeted 114 respondents within the County. The sample size of 104 respondents was calculated using Solven’s formula. The researcher used varieties of sampling which included: Purposive and random sampling. Data was collected from primary and secondary sources using questionnaires and interviews. After collecting data, the researcher organized well answered questionnaire, data was edited and sorted for the next stage. The data was presented in tabular form, pie charts and bar graphs with frequencies and percentages. The study findings revealed that 28(6.98%) indicated that they strongly agreed with the statement that “In Mandera County. There is a failed judicial system affecting constitutionalism and democracy” 3 8(36.5%) agreed with the statement, 29(27.9%) were undecided, those who disagreed and strongly disagreed were 5(4.8) and finally 4(3.8%) of the respondents strongly disagreed. This means that the guardian of the constitution and the protector of human rights and the impartial enforcer of the law failed as required by judicial arm of the government. The study concludes that the recognition of the right to form and/or join political parties of one’s choice and to vote or to be voted for any political office in the post—1990 African constitutions is fast becoming an illusion because the dominant parties that have now replaced the single parties and their leaders have easily entrenched themselves or their parties in office in perpetuity. The study recommends that to achieve an inclusive constitution writing process, it follows that the drafting body should include representatives of key power holders and social groups.
Description
A research dissertation submitted to the College of Humanities and Social Sciences in partial fulfillment of the requirements of the Award of a Bachelor of International Relations and Diplomatic Studies of Kampala International University
Keywords
Constitutionalism, Democracy, Mandera County, Kenya