From imperial power to vulnerable authority: A historical study of the institution of the presidency in Kenya

Abstract

The role of the presidency in Kenya has animated and dominated popular and political discourses on constitution making, constitutional processes, and constitutional review and implementation, as well as political processes, since independence in 1963. This study employs the ex post facto approach as well as the use of archives and secondary sources and explores the key milestones and shifts that have defined the presidency, analysing its development in the context of democratic governance, executive authority, and the balance of power within the Kenyan government. The study examines the institution of the presidency including debates over executive power, checks and balances, and the role of the president as commander-in-chief. It then proceeds to analyse how successive presidents have interpreted and exercised their constitutional powers, considering factors such as party politics, presidential leadership styles, and responses to domestic and international crises. Special attention is given to landmark moments in presidential history, including the expansion of executive authority during times of crises, the emergence of the modern presidency under and in the post-Kibaki era, and the challenges to presidential legitimacy and accountability in that era.