However, lost in this fight for supremacy battle is the constitutional relationship between the state and the government. In ordinary conversations, leaders dwell on the separation and independence of the three arms of government — the Executive, Parliament and the Judiciary. He performs the function of appointing judges as head of state not as head of the Executive. Maraga, therefore, must have missed to appreciate the role of President Kenyatta in the appointments as being that of head of state and not Executive. Any other constitutional amendments without separating the performance of state functions from those of the Executive will amount to more of the same.

Source: The Star June 19, 2020 02:10 UTC