CONSTITUTIONALISM IN PROMOTING DEMOCRACY IN KENYA A CASE STUDY OF MANDERA COUNTY

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 wellanswered

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

Cotmty. 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.