Browsing by Author "Githu, James"

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    Corporate Governance Practices and Performance of Independent Constitutional Commissions in Nairobi City County, Kenya
    (International Academic Journal of Arts and Humanities, 2025-04) Githu, James; Minja, David
    The primary duties of constitutional commissions involve safeguarding the people's sovereignty, ensuring that all government entities adhere to democratic values and principles, and fostering constitutional governance. Nevertheless, most of these commissions have fallen short of fulfilling their responsibilities. In the absence of significant independence, constitutional commissions and independent bodies are unable to hold either the legislature or the administration accountable, nor can they facilitate transparent and democratic governance. Viewing these institutions as part of the government hampers their ability to function freely, without fear, favoritism, or bias, which is essential for them to effectively carry out their roles. This challenge arises from the fact that these institutions are designed to act against those in power. Robust corporate governance practices play a significant role in the effective and efficient administration of state-owned enterprises. Since gaining independence, the degree of accountability in the management of these corporations has persistently diminished, even with the presence of numerous oversight mechanisms such as legal regulations, ethical standards, policies, and codes of conduct designed to offer a clear guide for the successful operation of state corporations. The research aimed to explore how corporate governance practices affect the performance of independent constitutional commissions in Nairobi City County, Kenya. The objectives were to examine the effect of accountability practices and assessing the influence of transparency practices, on the performance of these commissions. The research was guided by agency theory, stakeholder theory, stewardship theory, and moral hazard theory. A descriptive research design was utilized for the investigation. A total of 1,426 workers from the fourteen independent commissioners in Nairobi County, Kenya, made up the target population. A sample of 303 personnel, including non-management, lower management, middle management, and top management staff from the commissions, was obtained by applying the Fisher, Liang, and Stoeckel (1983) formula to estimate the sample size. A semi-structured questionnaire with both closed-ended and open-ended questions was utilized to gather data. Both descriptive and inferential statistics were used in the analysis; multiple regression analyses were used for inferential statistics, while means and standard deviations were utilized for descriptive statistics. Tables and figures were utilized to display the data analysis results. The findings indicated a strong relationship between the identified predictors accountability practices, transparency practices, board responsibility, and risk management practices and the organizational performance of independent constitutional commissions in Nairobi City County, Kenya, as evidenced by an R value of 0.894. Additionally, an R-squared value of 0.799 suggested that 79.9% of the variability in organizational performance could be explained by these four governance practices. In conclusion, the study established that corporate governance practices have a significant impact on the performance of independent constitutional commissions in Nairobi City County, Kenya. It was recommended that the government prioritize the strengthening of corporate governance frameworks within these commissions. Given the positive correlation between governance practices and organizational performance, the government should implement clear guidelines regarding accountability, transparency. This may involve the creation of dedicated oversight bodies to ensure regular audits, performance evaluations, and adherence to governance standards across all commissions.
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    Corporate Governance Practices and Performance of Independent Constitutional Commissions in Nairobi City County, Kenya
    (Kenyatta University, 2025-06) Githu, James
    The major responsibilities of constitutional commissions are to protect the sovereignty of the people and to ensure that all state organs observe democratic values and principles, and to promote constitutionalism. However, majority of these commissions have not achieved their mandate. Sound corporate governance practices are a major contributor to effective and efficient management of state corporations. Since independence, the level of accountability in management of state corporations has continued to decline despite the availability of various monitoring structures like legal frameworks, ethics and integrity, policies and the code of conduct and ethics intended to provide a clear road map to successful performance of the state corporations. The general objective of the study was to find out the influence of corporate governance practices on performance of independent constitutional commissions in Nairobi city county, Kenya. The specific objectives were, to determine the effect of accountability practices, to assess the effect of transparency practices, to analyse the effects of board responsibility and to determine the effect of risk management practices on performance of independent constitutional commissions in Nairobi City County, Kenya. The study adopted the following theories, agency theory, stakeholder theory and stewardship theory. The theory used descriptive research design. The target population for this study was the 1426 employees in the fourteen Independent Commissions in Nairobi County, Kenya. To determine the sample size, the Fisher formula was used. The sample study included the 303 employees that made up of non-management staff, lower management staff, middle management staffs, and top management level of the fourteen Independent Commissions. A semi-structured questionnaire was used in collecting primary data from the target respondents. The questionnaire comprises of both open and close ended questions. Both descriptive and inferential analysis were adopted. Descriptive statistics included means and standard deviations while the inferential statistics included multiple regression analyses. The information obtained from data analysis was presented through tables and figures. The findings revealed that there is a strong relationship between the predictors; accountability practices, transparency practices, board responsibility, and risk management practices and the organizational performance of independent constitutional commissions in Nairobi City County, Kenya as indicated by P-value less than 0.05. The study concludes that corporate governance practices significantly influence the performance of Independent Constitutional Commissions in Nairobi City County, Kenya. The study recommended that government should prioritize the enhancement of corporate governance frameworks within Independent Constitutional Commissions (ICCs). Given the positive correlation between governance practices and performance, the government should institutionalize clear guidelines on accountability, transparency, and risk management. This could involve establishing dedicated oversight bodies that ensure regular auditing, performance evaluations, and compliance with governance standards across all commissions.