Why separation of powers is critical to thriving democracy

A significant provision in the Constitution not oft spoken about is the declaration that Kenya shall be a multi-party democratic state, founded on the national values and principles of governance referred to in Article 10.

These values include inter-alia, patriotism, national unity, rule of law, democracy and participation of the people, among others. The Constitution further provides for separation of powers, through the three arms of government, namely the Executive, the Legislature and the Judiciary, as well as the constitutional commissions.

An immediate beneficiary of these elaborate provisions has been Parliament. Removed from the shackles of the Executive, it can now set its own calendar, unlike the past. Members do not serve at the pleasure of the President but the citizens who elect them to office to represent, legislative and oversight on their behalf.

It is therefore disheartening to see members elected in recent elections begin to shift allegiance from the coalitions that propelled them to victory. As MPs settle down awaiting their business, they should remain conscious of the need to safeguard not just independence of the House, but also of all other institutions.

Part of this independence thrives from a robust opposition in the House, a weakness faced by the 12th Parliament. It is important that citizen wishes in the election - by the choice of party affiliation, are reflected in the way parliamentarians conduct business.

Members must prioritise needs of the citizens who propelled them to office. And they are many. Concerns about the high cost of living, high debt ceiling, implications of global and regional challenges and conflicts on the local economy, a school calendar interrupted, and the economy generally are top of people's mind.

The assumption then is that those expected to hold the government of the day to account, including implementation of the promises made, must play their role effectively and not sing to the choir. Independent candidates must also provide an independent voice.

We have come a long way from the one-party state and our country is better for it. Our Constitution has given us safeguards to ensure a thriving democracy. We must cultivate and sustain this, including ensuring that the openness and transparency expected of government agencies is protected, civil liberties around access to information, media freedom and association are enhanced and that citizens are active participants of the governance system at national and county level.

This can only happen in an environment where institutions play their rightful role, including holding other arms of government accountable. The citizens have made their choice of representatives on the different party tickets. It's the least they expect to ensure our democracy thrives.

The writer is Executive Director of Mzalendo Trust, Kenya's premier parliamentary monitoring organisation