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SEPARATION OF POWERS

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  "Treachery! Seek it out." [1] In Shakespeare’s play Hamlet , Prince Hamlet’s command, as quoted above, cuts through the fog of betrayal, urging the unmasking of a kingdom’s deceit veiled by treachery. Kenya’s constitutional democracy too echoes this call, grappling with its own treachery: the corrosion of the separation of powers. When the legislature, executive, or judiciary oversteps its bounds, it brandishes poisons reminiscent of the sword and wine that doom Denmark in Shakespeare’s play, Hamlet [2] . Through select cases, this document explores these breaches, wielding Hamlet ’s imagery to spotlight the threats to governance. It demands vigilance—for treachery festers where power strays.   The Constitutional Bedrock: Separation of Powers The Constitution of Kenya, 2010, establishes three [3] arms of government—legislature, executive, and judiciary—ensuring no single branch reigns supreme. Yet, like a stage primed for tragedy, ambition often lures one arm of...