Role of Governance Aspects in Delegated Legislation Process in Kenya

Abstract

Governance essentially means or portends how people are ruled and administered as well as the way state affairs are driven and regulated. It is the way through which people, organizations, and governments work toward common objectives, make decisions, generate legitimate authority and power, and promote and protect human rights. Delegated legislation is also referred to as subsidiary or secondary legislation. Within the constitutional architecture of Kenya, it is only the Parliament that is mandated to enact laws. This study, therefore, sought to determine the role of governance aspects in the delegated legislation process in Kenya. The specific objectives were; to determine the role of public participation, legal framework, financial resource allocation and capacity building in the delegated legislation process in Kenya. The study considered the moderating role of the constitution on the relationship between governance and delegated legislation process in Kenya. The study was anchored on the Pluralist and Elitist Theory, Participatory theory of Development, and Regulation Theory. A conceptual framework was developed to show the link between the independent variables (public participation, legal framework, financial resource allocation, and capacity building) and the dependent variable (delegated legislation process). The current study applied a positivist philosophy. The study adopted both cross-sectional survey and descriptive research designs to identify, analyze, and describe the relationship between governance aspects and the delegated legislation process in Kenya. The study population was 410 and involved the legislature (Parliament & Senate), executive and judiciary. The study sample size was 202 and was arrived at by the use of Taro Yamane sample size determination formulae. The study used a multiphase sampling technique to select the subjects of the study. Both stratified random sampling techniques and simple random sampling techniques were adopted to get the sample of respondents that were included in the study. A pilot test was conducted to detect weaknesses in design and instrumentation. Of the 202 respondents, 187 completed the questionnaires giving a response rate of 92.60%. Cronbach's alpha was used to test for the internal reliability of each variable used in the study. Data analysis was done using descriptive statistics, correlation and regression analysis. The study used bivariate regression analysis and moderated multiple regressions to analyze the association between governance aspects, constitution and delegated legislation process variables. The results were presented using tables, Pie charts and graphs. The findings revealed that governance aspects played a significant role in the delegated legislation process in Kenya. Specifically, the study results indicated that public participation, legal framework, and financial resource allocation capacity building were found to be positively and significantly related to the delegated legislation process in Kenya. It was also established that the constitution significantly moderated the relationship between governance aspects and the delegated legislation process in Kenya. The study recommended that governance aspects (public participation, legal framework, financial resource allocation, and capacity building) need to be facilitated to improve the delegated legislation regime in Kenya's leadership and governance. The study implies that a comprehensive study on governance aspects and the delegated legislation process in Kenya can enhance the existing theoretical models and contribute to the existing body of knowledge. Moreover, it can lead to meaningful reforms and improvements in the regulatory environment. It can contribute to a more transparent, accountable, and efficient legislative process that aligns with constitutional principles and best practices in leadership and governance.