The principle of separation of powers is a system of vesting power of the
state in separate branches that is the executive, legislature and the
The separation of power is a model for the governance of a state. This model
was developed in ancient Greece and came into wide spread use by the
Roman public as part of the unmodified constitution by the Roman public
Under this model, the state is divided into three branches each with separate
and independent powers and areas of responsibility such that there shall not
be concentration of power on one organ of government. The full
implementation of this principle is the cornerstone of democracy.
The function of these three state organs, the inter-relations between them
and the conflict that arises in the course of the execution of their functions is
the backdrop of this study. 2
The term trias politica or separation of powers was coined by Charles- Louis
de second at baron dela Bre'de et Montesquieu, an 18th century French social
(en. wikipedia.org/ separationofpower)
and political Philosopher. His publication "spirit of laws" is considered one of
the greatest works in political history and jurisprudence.
It also inspired the constitution of the United States. Under this model
therefore, the political authority of the state is divided into the legislature,
executive and judicial powers. He asserted that to promote liberty, these
powers must be separate and acting independently. 3
MWANIKI., M (2021). Separation of power in African Governments. A case study of Kenya under the new constitution 2010.. Afribary. Retrieved from https://afribary.com/works/separation-of-power-in-african-governments-a-case-study-of-kenya-under-the-new-constitution-2010
MWANIKI., MAINA "Separation of power in African Governments. A case study of Kenya under the new constitution 2010." Afribary. Afribary, 12 Jun. 2021, https://afribary.com/works/separation-of-power-in-african-governments-a-case-study-of-kenya-under-the-new-constitution-2010. Accessed 24 Jul. 2021.
MWANIKI., MAINA . "Separation of power in African Governments. A case study of Kenya under the new constitution 2010.". Afribary, Afribary, 12 Jun. 2021. Web. 24 Jul. 2021. < https://afribary.com/works/separation-of-power-in-african-governments-a-case-study-of-kenya-under-the-new-constitution-2010 >.
MWANIKI., MAINA . "Separation of power in African Governments. A case study of Kenya under the new constitution 2010." Afribary (2021). Accessed July 24, 2021. https://afribary.com/works/separation-of-power-in-african-governments-a-case-study-of-kenya-under-the-new-constitution-2010