Origin of the African Union
On 9th September 1999, the Heads of State and Government met in Libya and made the Sirte Declaration calling for the establishment of an African Union and a pan-African parliament.
On 29th may 2000, the document for the formation of African Union and Pan-African Parliament was adopted by the joint sitting of legal experts and parliamentarians.
On 2nd June 2000, heads of state and government meeting in Lome, Togo adopted the Constitutive Act of the African Union drafted by the council of ministers.
The AU was born in 2002, at a Summit held in Durban, South Africa, where the first Assembly of Heads of State of African Union was convened.
Differences between the former Organization of African Unity and the present African Union
The AU Charter:
Effects of the end of Cold War on Africa
- Some African countries that were formerly socialist are in problems following collapse of USSR in 1990. E.g. Somalia, Ethiopia, Angola and Mozambique.
- The end of the cold war has led to the removal of financial aid and military support for some African countries. Military or food aid is no longer rushed to countries experiencing problems because there is no more superpower competition. E.g failure to prevent the Rwanda genocide and failure to assist in the Somali crisis and the current Al-shabaab crisis.
- There was emergence of new world political and economic order. The end of war has led to emergence of USA as a ‘world policeman’ over developing nations. The countries must act according to USA wishes or suffer lack of aid and receive harassment from superpowers.
- It has led to marginalization of Africa in international affairs.
- There are conditional ties for getting aid from the western powers. Besides, Africa no longer has a choice of donors who comprise mainly of western world countries.
NAM STRUCTURE AND ORGANIZATION
The country that hosts the summit holds office until the next summit. Non-aligned countries place the onus of an administrative structure on the country assuming the chair. The country is required to create or designate an entire section of the ministry of foreign affairs to deal specifically with the Non-Aligned Movement.
The chair’s ambassador in the United Nations essentially functions as the ‘minister of Non-Aligned Affairs’.
NAM has also created contact groups, task forces and committees to facilitate the chair’s responsibility as follows;
The Coordinating Bureau
Working Groups, Contact Groups, Task Forces and Committees
Non-Aligned security Caucus
Joint coordinating committee
Coordination of non-aligned countries in the UN centres.
Panel of economists
- Conference of Heads of State and Government. This is NAM’s highest decision-making authority and meets once every three years. It has two committees, one on political issues and another on economic and social issues. The summit is held at least one month before the regular session of the UN General Assembly. During the summit, there is a formal ceremony for handing over the chair.
- Ministerial conference. Its task is to review developments and implement decisions of the preceding summit and also discuss matters of urgency. The conference meets 18 months after the summit.
- Ministerial meeting in New York during a session of the UN General Assembly. This is a meeting of foreign ministers annually in New York at the beginning of the regular session of the UN Assembly. The purpose of the meeting is to deliberate on the items of the Agenda of the General Assembly that are of major importance to the movement.
- Ministerial Meeting of the Coordinating Bureau. The main task is to prepare for the summits, and where necessary, to consider issues of major importance to the movement.
- Meeting of the Ministerial Committee on Methodology. The attendance is by all NAM members and its meetings are held by the decision of the summit or the ministerial conference. The meetings are chaired by the chair of NAM.
- Meeting of the standing ministerial committee on economic cooperation. These meetings are meant to strengthen south-south cooperation, reactivate the dialogue between the developing and developed countries and enhance the role of the UN General Assembly, in international cooperation for development. The meetings are held frequently upon recommendation of the coordinating Bureau.
- Ministerial Meetings in various fields of international cooperation. They discuss issues like agriculture, information and external debt.
- Extraordinary Meetings of the Coordinating Bureau. They address exceptional cases that call for urgent consideration.
- Meetings of the Working Groups, Task Forces, Contact Groups and Committees. The meetings are held as often as necessary.
The growth of NAM
- The first summit, Belgrade, 1961. The attendance was by 25 non-aligned countries who met at a time when world peace was threatened seriously by the looming nuclear war. The meeting’s objective was to prevent the outbreak of a nuclear war in the world.
- The second summit, Cairo, 1964. The summit of October 1964 was attended by 47 Nations and 10 observers. There were 28 representatives from Africa. The conference mainly focused on problems facing NAM countries due to colonial inheritance, policies of former colonial powers and the rivalry between the great powers..
- The third summit, Lusaka, 1970. The attendance was by 53 members the meeting resolved that time was ripe for declaration on peace, independence, cooperation and democratization. The members were out to fight colonialism and racism. The main resolution was the members’ determination to achieve economic emancipation.
- The Fourth Summit, Algiers, 1973. It was attended by 75 members, eight observers,three guest nations and 15 liberation movements. The meeting was an attempt to transform the existing system of economic and financial relations in a manner that would liberate developing countries from a subordinate role into an equal position with industrialized countries. The members developed an action programme in the interest of economic cooperation.
- The fifth Summit, Colombo, 1976. It was attended by 86 members, who focused on the liberation of Zimbabwe and Namibia, the abolition of apartheid in South Africa as a way of promoting world peace.
- The sixth Summit, Havana, 1979. The conference was attended by 93 members, 12 observers, 8 guest nations and seven new members. The meeting declared that imperialism, colonialism, neo-colonialism, apartheid, racism, foreign aggression, expansion, occupation, domination, interference or hegemony, Great power bloc, Subjugation, dependency and pressures in international relations as enemies of non-alignment. The chairman of the summit was Fidel Castro who put forth his ideas that the socialist bloc is a natural ally of the movement.
- The seventh summit, New Delhi, 1983. It was attended by 96 members, 16 observers and 20 guest nations. The summit took place at a time when there was intense confrontation as the great powers continued to amass nuclear weapons. . Indra Gandhi appeared to be the moderate leader to host the conference and soften the impact of Cuban radicalism. The conference discussed peace, nuclear disarmament, development strategies for north-south Dialogue on a new world economic order, and the south-south cooperation for collective self-reliance.
- The eighth summit, Harare, 1986. It marked NAM’s silver Jubilee. The main concern was Namibia’s independence and apartheid in south Africa.. NAM emphasized its sanctions against the Pretoria (South Africa) regime. It drew an action plan to deal with the threat posed by South Africa. The summit came up with a special solidarity fund to help the frontline states.
- The Ninth summit, Belgrade, 1989.
- The tenth Summit, Jakarta, 1992.
- The eleventh Summit, Cartagena de Indias, 1995.
- The twelfth Summit, Durban 1998.
- The thirteenth Summit, Kuala Lumpar, 2003.
Performance of the Non-Aligned Movement
Reasons why NAM is still relevant
- NAM is the only forum that can articulate the voice of justice and sanity in the world in view of the unending Arms Race.
- NAM is the only forum through which the demand for a less unjust world economic order can be raised given the kind of hold the developed nations still have on developing nations.
- NAM remains the third world’s shield against the pressures of the superpower elephants that can easily trample on the grass of the lesser animals even after end of cold war.
- NAM can still play a role in addressing emerging world issues such as terrorism, environmental degradation, HIV/AIDS and racism.
Achievements of NAM
- It has helped speed up the attainment of freedom in states that were under colonial bondage.
- NAM has assisted its members in safeguarding their national security and territorial integrity.
- Non-aligned nations also worked to eliminate conflict between the superpowers. This helped in the promotion of peace and security for the non-aligned world. India for example played a role in solving the Korean War, the Suez crisis and Indo-Chinese conflict.
- NAM created a conducive environment for peace, justice, equality and international cooperation by contributing to the relaxation of international tension by keeping clear of the two military blocs, USA and USSR.
- The movement has strengthened African and Asian Countries diplomatically at a time when they lacked necessary physical strength. They were able to exert their voting power as Afro-Asian bloc to influence world affairs.
- NAM provided an international forum where members’ voices could be heard. It was able to work to dismantle apartheid by its two-third world community membership despite the Reagan administration’s opposition to sanctions against South Africa.
- The movement has given members freedom to put their national interests before those of the great power blocs.
- The NAM through the Cairo and Colombo Summits termed as World Disarmament conferences, played a key role in the disarmament process. The 1967 Treaty of Tlatelolco, signed by 22 states, set up a weapon Free Zone in Latin America.
- The Non-aligned states have helped in international crisis management since they are not committed to any course of military action. For example during the 1961 Berlin crisis, Nehru of India and Kwame Nkrumah of Ghana went to Moscow for a peace mission, while Achmad Sukarno of Indonesia and Modibo Keita of Mali went to Washington DC to try and create a conducive atmosphere for managing the crisis.
- NAM has worked towards creation of new international economic order. Members of the movement are able to trade with both the great power blocs. Membership to the Group of 77 in the United Nations Conference on Trade and Development (UNCTAD) is drawn from the non-aligned nations. The non-aligned nations were open to aid from both blocs and also ready to expand their trade with both sides of the ideological divide.
- The Solidarity fund established during the Harare Summit of 1986 cushioned the frontline states against the economic sanctions imposed on apartheid South Africa.
- NAM has worked to create the new scientific and technological order. The members have demanded a new scientific and technological order by favouring access to the most advanced technology and scientific research available as a means of bridging the technological gap between the developed countries and developing ones.
Factors which have undermined the activities of the Non-Aligned Movement
- Political instability is frequently experienced by some member states. For example, civil wars and military coups in DRC, the Sudan, Rwanda, Burundi, interstate wars like in the case of Iran and Iraq. This has undermined their contribution to the movement.
- Economic ties between the third world countries and their colonial masters had made it difficult for the member states to pursue an independent line.
- Border disputes between neighboring member countries has weakened the course of the movement. E.g. between morocco and Algeria, North Korea and South Korea, Vietnam and Cambodia, Ethiopia and Somalia, Uganda and Tanzania etc.
- Economic backwardness of some of the member states has made it difficult for them to meet their obligation in the movement as national needs come first in view of the meager resources of some of the nations.
- Ideological differences between member states have undermined their co-operation. Its large size of 116 members by 2004 has frustrated its ideological coherence and organizational solidarity. Whereas some countries are inclined towards the west, others are inclined to the east.
- Membership to other organizations like AU, commonwealth and the French community, has made it difficult for some states to participate actively in the affairs of the movement.
- Breakup of the Soviet Union and the end of the Cold War has destabilized the movement. As power bloc rivalry subsided, NAM appeared to become irrelevant.
- Conflicting national interests. Individual national interests have failed to agree with the objectives of the movement.
- Personality differences between leaders of member states have undermined the movement. For example, several leaders rejected the radical views of Fidel Catron of Cuba.
- Differences unrelated to the principles of NAM have developed among members. For example at the Colombo Summit of 1978, several Arab states were keen to see Egypt expelled from the movement on grounds that she had signed a separate peace treaty with Israel. This was not an agreement with a superpower and therefore had nothing to do with NAM.
- NAM lacks a permanent Army or a permanent institutional framework or machinery that can enable it carry out its activities effectively. For example, it failed to persuade iraq and Iran to end the 8 year long war from 1980.
THE COLD WAR
It was so called because it was fought not with weapons, but with words, propaganda, military and financial aid to enemies of the opposing sides.
Although there was no actual physical confrontation, Cold War was characterized by a conflict of the most serious and deadly kind.
Causes of the Cold War.
- Ideological differences. There was deep-seated fear and mutual suspicion between USA and USSR over the spread of their ideologies–capitalism and communism. E.g The establishment of the Soviet Union through acquisition of satellite states was a measure to contain capitalism.
- Disagreement over the issue of disarmament. The use of atomic bomb on Japan by USA towards the end of World War II alarmed USSR. The two sides failed to agree on an arms reduction plan and continued to stockpile atomic bombs.
- Economic rivalry. In 1947, the USA President Harry S. Truman introduced the Marshal Plan, a scheme to assist western European countries that had been devastated by war. The USSR in turn formed Council for Mutual Economic Assistance (COMECON), an economic cooperative plan for Eastern Europe. This further heightened the hostility between the west and the east.
- Formation of military alliances. In April 1949, the USA, western European countries and Canada formed a military alliance through the signing of the North Atlantic. Treaty in Washington D.C. (NATO). The formation of NATO ended USA’s isolationist policy. Russians responded by signing the Warsaw Pact, in May 1955, a military alliance of communist countries. These alliances fostered hostility between countries.
- The use of Russian veto powers in the UN. Russia used her veto powers to defeat UN proposals, which she accused of being pro-USA. The struggle by the two powers to dominate the UN increased tension between them.
- Disagreement over the future of Germany as a whole. Western allies wanted a strong Germany to assist in the economic prosperity of other nations. Russia was keen on a politically and economically weak Germany to safeguard against another invasion. NB- in 1961, the USSR built the Berlin Wall, thus dividing East Berlin from West Berlin.
- USA’s military advancement. By 1945, the USA was the only country that possessed atomic weapons. This created fear.
Judicial authority and legal system.
Principles that guide Judicial Authority in Courts and Tribunals in Kenya.
- Justice must be done to all, irrespective of status.
- Justice shall not be delayed.
- Alternative forms of dispute resolution must be pursued including reconciliation, mediation, arbitration and even traditional dispute resolution mechanism.
- Justice shall be administered without undue regard to procedural technicalities.
- The purposes and principles of the constitution must be protected and promoted.
Ways in which the traditional Dispute resolution is limited in Kenya.
- The mechanisms used in traditional dispute resolution should not contravene the Bill of RIGHTS.
- The traditional court should not operate in a way that is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality.
- The operations of the traditional courts should not be inconsistent with the constitution.
The structure of the judicial system in Kenya.
- The seriousness of the cases the courts handle.
- The punishment they give out
- The geographical area of operation.
Difference between original and appellate jurisdictions.
- Original jurisdiction refers to the ability of a court to hear cases brought to a court for the first time.
- Appellate jurisdiction is the powers of a court to hear appeals brought in from a lower court.
The Head of the Judiciary is the Chief Justice with the Deputy Chief Justice as the Deputy Head of the Judiciary.
Chief Registrar of the Judiciary is the chief administrator and accounting officer of the Judiciary. The System of courts is as follows
1. Superior Courts
Appointment to the Supreme Court requires the following qualifications;
- Degree in law from a recognized university or an advocate of the high Court of Kenya.
- At Least fifteen years experience as a superior court judge or a distinguished academic, judicial officer, legal practitioner and or other relevant legal field.
- High moral character, integrity and impartiality.
Functions of the Supreme Court of Kenya.
- The Supreme Court has exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President.
- It has appellate jurisdiction to hear and determine appeals from the Court of Appeal; and any other court or tribunal.
- The Supreme Court gives an advisory opinion at the request of the national government, any State organ, or any county government with respect to any matter concerning county government.
- It has of right in any case involving the interpretation or application of the Constitution.
- All courts, other than the Supreme Court, are bound by the decisions of the Supreme Court
2. Court of Appeal
The court of appeal does not have original jurisdiction except on an application for a stay of execution pending appeal to it on contempt proceedings.
Function of the Court of Appeal in Kenya.
3. High Court
Functions of the high court of Kenya.
- The High Court has unlimited original jurisdiction in criminal and civil Matters.
- It has jurisdiction to determine the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened.
- It has jurisdiction to hear an appeal from a decision of a tribunal appointed to consider the removal of a person from office. For example, appeals from the courts martial, Business and rental Tribunals on matters related to the constitution.
- It has jurisdiction to hear any question respecting the interpretation of the Constitution including the determination of the question whether any law is inconsistent with or in contravention of this Constitution;
- It determines any matter relating to constitutional powers of State organs in respect of county governments and any matter relating to the constitutional relationship between the levels of government.
- The High Court has supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function, but not over a superior court
- It listens to appeals from the lower courts when the parties involved are not satisfied.
- It deals with disputes that take place outside Kenya's territorial waters/maritime.
- It hears appeals from decisions made by professional disciplinary tribunals involving advocates of the high court and other members of the profession.
- It acts as a constitution court by determining whether a case brought before it is constitutional or unconstitutional.
- It listens to appeals from special courts when the parties are not satisfied with the decision made.
- It corrects/amends the irregularities in decisions made by lower courts.
- It hears cases that carry death sentences / involve large sums of money.
- It deals with cases that concern land/succession disputes.
- It hears election petitions.
- It exercises divorce jurisdictions in matrimonial matters,
- It hears appeals from tribunals E.g. Rent Restrictions, Business Premises Rent Tribunal.
Termination of the services of a judge from office.
- Inability to perform the functions of the office arising from mental or physical incapacity.
- A breach of a code of conduct prescribed for judges or superior courts by an act of parliament.
- Gross misconduct or misbehavior.
Such a process is initiated by the Judicial Service Commission on its own initiative or on petition of any person to it based on any of the dismissal grounds.
The commission, if satisfied with the petition or initiative, forwards the matter to the president, who will suspend the said Judge, within Fourteen Days after receiving the petition and on advice of the Judicial Service Commission.
A tribunal is then appointed to determine the case. If the Judge is aggrieved by the decision of the Tribunal, he/she may appeal to the Supreme Court within ten days after the tribunal has made its recommendation.
The president will finally act in accordance with the recommendation of the tribunal.
4. Subordinate courts.
Its jurisdiction in both Civil and criminal cases is limited to geographical areas. However the courts have unlimited Jurisdiction in proceedings concerning claims under
customary law such as dowry, divorce, legitimacy, inheritance and the administration of estates of the deceased person.
They have unlimited jurisdiction in dealing with matters related to land, adultery and inheritance.
These are the courts responsible for sentencing persons who have broken law of the land. Reasons why a person who has broken the law should be sentenced by a court.
- To deter the criminal from future crimes.
- To deter others from committing similar offences since they would have known the punishment for breaking the law.
- To secure for the public a period o protection from the offender who is in prison.
- To reform the criminal through counseling and corrective training
- To satisfy the demands of the people for retribution through punitive justice.
The courts are headed by a Chief Kadhi and not fewer than three Kadhis Qualifications for appointment as a Kadhi.
- One must profess the Muslim religion.
- One must possess such knowledge of the Muslim law applicable to any sects of Muslims. The jurisdiction of the Kadhis Court is limited to the determination of questions of Muslim Law relating to personal status, marriage, divorce or inheritance in proceedings in which all concerned parties profess to the Muslim religion.
- The Courts Martial.
There is no right to appeal to the high court against the decisions of the courts martial unless they involve constitutional cases. Industrial Court Juvenile Court
The Judicial Service Commission.
- The Chief Justice who is the Chairperson of the Commission.
- One Supreme Court judge elected by the judges of the Supreme Court. c) One court of appeal judge elected by the judges of the court of appeal.
- One High Court Judge and one magistrate, of whom one must be a woman and one a man elected by members of the association of judges and magistrates.
- The attorney General.
- Two advocates , one woman and one man each with at least fifteen years of experience, elected by members of the statutory body responsible for the professional regulation of advocates (LSK)
- One person nominated by the public Service Commission.
- One woman and one man to represent the public, not being a lawyer, appointed by the president with the approval of the national assembly.
- The chief registrar of the Judiciary, who will be secretary to the commission.
Functions of the Judicial Service Commission
- The Judicial Service Commission promotes and facilitates the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice.
- It recommends to the President persons for appointment as judges.
- It reviews and makes recommendations on the conditions of service of judges and judicial officers, other than their remuneration; and the staff of the Judiciary.
- It appoints, receives complaints against, investigates and removes from office or otherwise discipline registrars, magistrates, other judicial officers and other staff of the Judiciary.
- It prepares and implements programmes for the continuing education and training of judges and judicial officers.
- It advises the national government on improving the efficiency of the administration of justice.
The concept of “Independence of the Judiciary” in Kenya.
- In the exercise of judicial authority, the Judiciary is subject only to the Constitution and the law and not to the control or direction of any person or authority.
- The office of a judge of a superior court cannot be abolished while there is a substantive holder of the office.
- A member of the Judiciary is not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function. The Judicial Act protects Judges and Magistrates against any form of victimization and molestation.
- There is a separate system of command for the judiciary unlike other government departments.
- Appointment of the magistrates is done independently by JSC, which is independent of PSC. The president in consultation with the Judicial Service Commission appoints the Judges.
- The judges are bound by the Oath of Allegiance to perform their duties without fear or favour.
- Judges enjoy security of tenure.
- Statutes fix salaries and allowances of Judges.
Challenges facing the judiciary in Kenya.
- There is constant Conflict between the three arms of government. This hinders the just operation of the judiciary. Too much interference from the Executive has undermined the independence of the Judiciary.
- The long court processes have always delayed dispensation of justice in Kenya.
- Corruption. This is common among the Judges who sometimes compromise their integrity due to greed/ Public doubts of its impartiality due to rampant corruption
- Inadequate personnel. There are few qualified judges. For example in 2002, there were 47 judges serving a population of 30 million people. This causes delay in hearing of cases.
- There is constant termination of cases by the Attorney General thereby denying justice to some genuine cases.
- Poor co-ordination within the court system
- Incompetence of some judicial officers. E.g. poor and inconsistent judgments. This has been attributed to flawed appointments and promotion procedures.
- Lack of adequate funds to cater for the needs of the judiciary. This has led to inadequate court structures and facilities such as equipment, chairs, libraries etc.
- Lack of continuous legal education to keep them a breast of the latest legal development and skills in information technology.
- There is a lot of ignorance among the public in Kenya on judicial affairs and their legal rights/ignorance on the legal rights. Members of the public fear the courts and the court language.
- Information on the judiciary has not been made available to the public and it appears to be a preserve of a few.
- Litigation fees are high limits public’s access to the courts.
- There has been increased legal education given to officers and members of the public by the judiciary and other bodies like Kituo Cha Sheria, which releases information booklets and offers free legal advice to people.
- The terms and conditions of service for judges and other officers were improved in 2002 in order to make them work better.
- The government also set up a committee led by Justice Aaron Ringera in what was famously referred to as Judicial Surgery, to investigate the conduct of judges. Those who were adversely mentioned in the report were suspended.
- The government has recruited more legal officers to reduce the backlog of cases in courts.
- The passing of the Vetting of Judges and Magistrates Act, 2011 (VJM Act) In March 2011, established the Judges and Magistrates Vetting Board, chaired by Sharad Rao ,which is carrying out the vetting exercise to restore public confidence in the Judiciary.
- The suspension of Deputy CJ Nancy Baraza and her final resignation for harrassing an innocent security guard.
- Dropping of President of the Kenyan Appellate Court Justice Riaga Omollo for political bias and authoritarian demeanor while carrying out his activities on the bench.
- Dropping Judge Samuel Bosire for condoning torture of suspects during Coup trial in 1982.
- Dropping of Court of Appeal Judge Emmanuel Okubasu for being unsuitable to continue holding office. Joseph Nyamu
- Justice Mohammed Ibrahim, though Praised as impartial and immune to corruption, was dropped for having an overflowing in-tray of cases
- Appellate judge Roselyn Nambuye was kicked out due to delays in delivering more than 270 judgements and being too wordy in her ruling.
The Rule of Law.
Meaning of ‘the Rule of Law’.
In Kenya, all citizens and residents are subject to and governed by the same law irrespective of their status, race and religion
Elements of the rule of law.
- The principle of legality. The state can only exercise those powers granted to it by the law. It should be a government of laws and not of men.
- Separation of powers of the three arms of government. This refers to the practice of dividing the powers of government into the executive, legislature and judicial functions equally and putting in place a system of checks and balances to ensure they control each other. The three functions are to be independent of each other.
- Equality before the law. Everyone should be treated equally under the law.
- The judiciary must work without favour or the fear of intimidation in the administration of justice.
The principles of the Rule of Law.
- All laws should be prospective and open. A new law should only apply in future.
- Laws should be durable and not changing every other day.
- No centre of power, and specifically parliament, should enjoy monopoly right in making laws for citizens of a country, the judiciary should scrutinize parliament.
- The independence of the judiciary should be protected.
- The principal of natural justice should form an important element in the judicial system of a country.
- There must be easy accessibility to the courts of law. They should neither be expensive nor intimidating.
- The security forces should not use force in contravention of the law.
Meaning of the concept of Natural Justice.
Two principles govern the Concept of Natural Justice.
- The person affected by an impending decision must have the right to a fair hearing prior to the decision being made.
- The person or body hearing the case should act in good faith and without Bias. The right to fair hearing
- The accused must be given prior notice of the case against him and given a chance to respond.
- The accused must be given chance of knowing the case against him and stating his own case.
- The person charged should have opportunity to consider, challenge and contradict any evidence, being fully aware of the allegations leveled against him.
- The person has a right to legal representation by a legally qualified person.
- All legal decisions should have reasons within the law..
The rule against Bias.
A person is presumed innocent until proven otherwise and the police have no right to beat up suspects.
Meaning of the executive.
The National executive comprises;
a) The president.
b) The deputy president.
c) The cabinet.
d) The attorney general.
e) The director of public prosecutions
f) The public service.
He holds office for a five year term from the date of being sworn in to office and the term expires when the next candidate elected as president is sworn in. the constitution gives a two-five year term as the maximum period for the president’s position.
Qualifications for election as President in Kenya.
- A person qualifies for nomination as a presidential candidate if the person is a citizen by birth
- The person must be qualified to stand for election as a Member of Parliament.
- He or she must be nominated by a political party, or is an independent candidate and is nominated by not fewer than 2000 voters from each of a majority of counties.
A candidate must also attract 25% of the votes cast in more than half of the counties in kenya in order to qualify to be a president.
Disqualifications one from vying for election as a president in Kenya
- If the person owes allegiance to a foreign state.
- If he is a public officer, or is acting in any State or other public office.
Assumption of office of the president.
- The oath of affirmation of allegiance
- The oath of affirmation for execution of the functions of office.
Importance of a presidential election.
- The citizens get a chance to exercise their democratic right. It is the essence of democracy in a government. The people have a choice to elect a president directly, freely, and fairly.
- It is a means through which the people of Kenya give the president the mandate to rule the country and act on their behalf.
- It helps to check dictatorship. The president becomes responsible and accountable to the electorate. He cannot go against public opinion.
- The president enjoys legitimacy of power because it is derived from the people
Powers and functions of the president of Kenya as derived from the constitution of Kenya.
- a) As the Head of State, he performs the following functions;
- -He represents the government and the people of Kenya both locally and internationally.
- -He receives foreign diplomatic and consular representatives.
- b) He is the head of Government.
- -He nominates a deputy president to deputize him.
- -He nominates and, with the approval of the national assembly, appoints or dismisses cabinet secretaries, the attorney general, the Director of Public Prosecutions, the secretary to the cabinet, Principal secretaries, High Commissioners, Ambassadors, and diplomatic and consular representatives, the chief justice and the deputy and all the judges in line with the recommendations of the Judicial Service Commission
- c) He is the Commander-in-Chief of the Kenya Defence Forces
- -He has powers to declare a state of emergency, declare war with the approval of parliament.
- -He is the chairperson of the National Security Council of Kenya.
- d) The President has the duty to safeguard the Constitution, ensure the protection of human rights and fundamental freedoms and the rule of law, safeguard the sovereignty of the republic, promote and enhance unity of the nation and promote respect for diversity.
- e)The President has legislative powers to address the opening of each newly elected Parliament. He also addresses a special sitting of parliament once every year and any other time.
- f) The President chairs Cabinet meetings and assigns responsibility for the implementation and administration of any Act of Parliament to a Cabinet Secretary.
- g) He presides over national holidays during which he expounds on government policy.
- h) He confers honours in the name of people and republic on men and women of Kenya for outstanding achievements. E.g. OGH, OBS, DSM, HSC and EBS.
- i) He may, on petition of any person, exercise mercy powers in accordance with the advice of the advisory committee. E.g.;
- -Grant a free or conditional pardon to a person convicted of an offence.
- -Postpone execution of any punishment for an offender , for a specified period, or indefinitely
- -Substitute a less severe form of punishment.
- -Remit all or part of a punishment.
- j) The President ensures that the international obligations of the Republic are fulfilled through the actions of the relevant Cabinet Secretaries.
The process of Removal of President by impeachment.
- A gross violation of a provision of the Constitution.
- President commits a crime under national or international law.
- For gross misconduct.
The President continues to perform the functions of the office pending the outcome of the proceedings.
Within seven days, the Speaker of the Senate convenes a meeting of the Senate to hear charges against the President.
A special committee appointed by the senate investigates the matter; and report to the Senate within ten days.
If the special committee reports that the particulars of any allegation against the President have not been substantiated, further proceedings shall not be taken
If any of allegations against the President have been substantiated, the Senate, after according the President an opportunity to be heard, votes on the impeachment charges.
If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the President shall cease to hold office.
Reasons that may lead to a presidential by-election in Kenya.
- The president’s election may be nullified by court due to election offences.
- The serving president may die while in power.
- The president may resign.
- If the president becomes physically /mentally incapacitated.
- Parliament may pass a vote of no confidence in the president /government.
- If the serving president deserts/defects from the party that sponsored him to parliament.
- If the serving president ceases to be a Kenyan citizen.
THE DEPUTY PRESIDENT
The process of Electing and swearing in of a Deputy President in Kenya.
- A candidate, (qualified for nomination for election as President) is nominated by each candidate in a presidential election.
- The Independent Electoral and Boundaries Commission then declare the candidate nominated by the person who is elected as the President as the Deputy President.
- The swearing in of the Deputy President-elect is before the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice and in public.
- The Deputy President-elect assumes office by taking and subscribing;
- The oath or affirmation of allegiance.
- The oath or affirmation for the execution of the functions of office.
Under the following circumstances, one can cease to hold the office of the Deputy President
- At the end of term of office when the person next elected President at an election is sworn in.
- When the Deputy President assumes the office of President.
- On resignation, death or removal from office of the Deputy President
Functions of the Deputy President in Kenya.
- The Deputy President is the principal assistant of the President and shall deputize for the President in the execution of the President’s functions.
- The Deputy President performs the functions conferred by the Constitution and any other functions of the President as the President may assign.
- When the President is absent or is temporarily incapacitated, and during any other period that the President decides, the Deputy President shall act as the President.
The composition of The Cabinet in Kenya.
- the President;
- the Deputy President;
- the Attorney-General; and
- Not fewer than fourteen and not more than twenty-two Cabinet Secretaries.
A Cabinet Secretary should not be a Member of Parliament.
Secretary to the cabinet.
The office holder is nominated and appointed by the president, with the approval of the national assembly. He/she has the following responsibilities;
- Taking charge of the cabinet office.
- Arranging the business of the cabinet subject to its directions.
- Keeping minutes of the cabinet.
- Conveying decisions of the cabinet to the appropriate persons or authorities.
- Serving other functions as directed by the cabinet.
This office is an office in the public service.
General Functions of the cabinet.
- The cabinet Advises and assists the president in governing the country.
- The cabinet Discusses matters of national and international concern with the president.
- The cabinet Formulates government policies and programmes. During parliamentary debates, the secretaries defend the same policies, interpret them to the people and ensure their implementation.
- The cabinet initiates new bills and table government bills in the National assembly.
- Cabinet secretaries on their individual capacity give direction to operations within their ministries.
- The secretary for finance formulates and prepares the national budget which he/she then presents to the National Assembly.
The principle of collective responsibility of the cabinet.
- The cabinet does not work in the light of day. Cabinet must abide by oath of secrecy.
- It requires that the cabinet must act together as a team. The cabinet must speak together with one voice on all matters of government policy.
- All cabinet members are collectively responsible to parliament and to the people through parliament. One act of a cabinet secretary is taken to be an act of all the members of the cabinet.
- A minister would resign if in his conscience he cannot abide by the principle of collective responsibility.
The functions of the Attorney-General in Kenya.
- The Attorney-General is the principal legal adviser to the Government.
- He represents the national government in court or in any other legal proceedings to which the national government is a party, other than criminal proceedings.
- He performs any other functions conferred on the office by an Act of Parliament or by the President.
- The Attorney-General has authority, to appear as a friend of the court in any civil proceedings to which the Government is not a party.
- The Attorney-General has duty to promote, protect and uphold the rule of law and defend the public interest.
The Director of public prosecutions.
He/she does not require the consent of any person or authority for the commencement of criminal proceedings. His/her powers may be exercised in person or by subordinate officers acting under general or special instructions.
A person qualified to be appointed a DPP should have the qualifications to be appointed a judge of the High Court.
The functions of the Director of Public Prosecutions.
- The Director of Public Prosecutions has power to direct the Inspector-General of the National Police Service to investigate any information or allegation of criminal conduct.
- The Director of Public Prosecutions exercises State powers of prosecution and may institute and undertake criminal proceedings against any person before any court (other than a court martial) in respect of any offence alleged to have been committed.
- He has powers to take over and continue any criminal proceedings commenced in any court (other than a court martial) that have been instituted or undertaken by another person or authority, with the permission of the person or authority.
- He has powers to discontinue at any stage, before judgment is delivered, any criminal proceedings instituted by the Director of Public Prosecutions or taken over by the Director of Public Prosecutions.
THE PUBLIC SERVICE
Values and principles of public service
- High standards of professional ethics.
- Efficient, effective and economic use of resources.
- Responsive, prompt, effective, impartial and equitable provision of services.
- Involvement of the people in the process of policy making.
- Accountability of administrative acts.
- Transparency and provision to the public, of timely, accurate information.
- Fair competition and merit as the basis of appointments and promotions
- Representation of Kenya’s diverse communities.
- Providing adequate and equal opportunities for appointment, training and advancement at all levels of the public service, for women and men, members of all ethnic groups and persons with disability.
The Public Service Commission.
The commission consists of a chairperson, a vice chair person and seven other members appointed by the president with the approval of the National Assembly.
The commission has a secretary who is the CEO and is appointed by the commission for a term of five years and is eligible for re-appointment.
The following persons do not qualify for appointment to the commission;
A person who in the proceeding five years, held office, or stood for elections as;
- A member of parliament or the county assembly.
- A member of the governing body of a political party.
- If the person holds any state office.
- A holder of an office in a political organization that sponsors or supports a candidate for election as Member of Parliament or county assembly.
Functions and powers of the Public Service Commission.
- The Commission is responsible for establishment and abolishment of offices in the public service.
- It appoints persons to hold or act in Offices in the public service and confirm appointments.
- It exercises disciplinary control over and removes persons holding or acting in public offices.
- It promotes the values and principles throughout the public service.
- It investigates monitors and evaluates the organization, administration and personnel practices of the public service.
- It has the duty to ensure that the public service is efficient and effective.
- It develops human resources in the public service.
- It reviews and makes recommendations to the national government in respect of conditions of service, code of conduct and qualifications of officers in the public service.
- It evaluates and reports to the President and Parliament on the extent to which the values and principles that govern public service are complied with in the public service.
- It hears and determines appeals in respect of county governments’ public service.
Offices in the public service that are exempted from the regulation and control of the public service commission;
- State offices.
- An office of high commissioner, ambassador or other diplomatic or consular representative of the republic.
- An office or position subject to:
- The Parliamentary Service Commission.
- The Judicial Service Commission.
- The Teachers Service Commission
- The National Police Service Commission.
- An office in the service of a county government, with the exception of powers to create and establish offices.
Ways in which a public officer is protected by law while in service.
- A public officer shall not be victimized or discriminated against for having performed the functions of office in accordance with the Constitution.
- He/she shall not be dismissed, removed from office, demoted in rank or otherwise subjected to disciplinary action without due process of law.
Organs of national security.
Principles that promote and guarantee national security in Kenya.
- National security is subject to the authority of the constitution and parliament.
- Operations of national security must be consistent with the law and must respect the rule of law, democracy, human rights and fundamental freedoms.
- In performing their functions and exercising their powers, national security organs must respect cultural diversity of the communities within Kenya.
- Recruitment by the national security organs must reflect the diversity of the Kenyan people in equitable proportions.
National security organs in Kenya.
- The Kenya Defence Forces.
- The National Intelligence Service.
- The National Police Service.
National Security Council
Composition of the National Security Council
- The President.
- The Deputy President.
- The Cabinet Secretary responsible for Defence.
- The Cabinet Secretary responsible for foreign affairs.
- The Cabinet Secretary responsible for internal security.
- The Attorney-General.
- The Chief of Kenya Defence Forces.
- The Director-General of the National Intelligence Service.
- The Inspector-General of the National Police Service.
Functions of the National Security Council in Kenya.
- It exercises supervisory control over national security organs.
- It has duty to integrate the domestic, foreign and military policies relating to national security in order to enable the national security organs to co-operate and function effectively.
- It makes assessment and appraisal, the objectives, commitments and risks to the Republic in respect of actual and potential national security capabilities.
- The Council reports annually to Parliament on the state of the security of Kenya
- With the approval of Parliament, The Council is responsible for deploying national forces outside Kenya for regional or international peace support operations; or other support operations.
- It approves the deployment of foreign forces in Kenya.
The Kenya Defence Forces.
- The Kenya Army, established in 1963 and which protects the country against external land-based aggression.
- The Kenya Air force, established in 1963, disbanded in 1982 and renamed 82 Air force. It helps in the control of locust invasion.
- The Kenya Navy, based in Mombasa and created in 1964, patrols Kenya’s territorial waters and is always on the alert for sea-borne invasions, and for illegal landings and departure, and unauthorized fishing by foreign vessels in Kenyan waters.
Functions of the Kenya Defence forces.
- The Defence Forces are responsible for the Defence and protection of the sovereignty and territorial integrity of the Republic.
- They assist and cooperate with other authorities in situations of emergency or disaster.
- They may be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly.
- The forces also assist in the preservation of internal security. For example the handling of the attempted coup by the Kenya Army in 1982.
- They participate in nation building activities such as road and bridge construction.
- The military also assists the public during emergencies and calamities such as floods, famine, fire outbreaks, landslides and other disasters. For example during the El Nino rains-construction of mobile bridge on Mombasa-Nairobi highway.
- The Navy specializes in detecting and fighting off criminals who use water masses like the Indian Ocean to commit crimes within the Kenyan territory. E.g. Somali Pirates.
- The Kenya Army takes part in peacekeeping Missions, such as the United Nations peacekeeping operations in different parts of the world and also the African Union and Commonwealth.
The Kenya Defence Council.
- The cabinet secretary responsible for defence is the chairperson.
- The Chief of the Kenya Defence Forces.
- The Three Commanders of the defence forces.
- The Principal Secretary in the ministry responsible for defence.
It is responsible for the overall policy, control and supervision of the Kenya Defence Forces.
Challenges facing the Kenya Defence Forces.
- There has being cases of indiscipline, such as the abortive coup attempt in 1982.
- There have been rampant cases of corruption facing some members of the Kenya Defence Forces, especially on matters of recruitment of new members into the defence forces, purchase of military and police equipment and deployment of officers on specialized duties.
- Tribalism, regionalism and nepotism have also been experienced in the Kenya Defence Forces, thereby demoralizing hardworking officers who are left out unfairly during promotions.
- Sometimes the Kenya Defence Forces faces the problem of lack of adequate funds to equip the forces with good equipment to facilitate their work.
- The majority of the military personnel are not provided with opportunities to acquire further education.
- Piracy and militia attacks and raids at the Kenyan Borders also present a major security challenge to the Defence Forces.
- Invasion of Kenya’s territorial waters by foreign fishermen and foreign fishing vessels from the big nations challenges the ability of the Kenya Navy to curb illegal fishing.
- The location of Moi Airbase at Eastleigh presents a big challenge to the air force. The Airbase was built by Britain in 1964 when the population in the area was scarce. Today the area has human congestion
- The defence forces also face challenges related to allegations on violations of human rights. After the 2008 elections violence, the Kenyan Army was deployed to restore peace in Mt. Elgon, where they were accused of violating human rights by killing people, destroying property, and sexually assaulting women.
The National Intelligence Service.
Function of the National Intelligence Service
- It is responsible for security intelligence and counter intelligence to enhance national security.
- It liaises with the National police CID to investigate some of the threats that have criminal implications e.g. terrorism. And lay the appropriate charges.
- Information gathered by the NIS assists the government in decision –making and planning.
- The NIS in its operations protects human rights issues and the individual freedoms.
Challenges facing the National Intelligence Service.
- Lack of trust from Kenyan citizens. The citizens are reluctant to provide information to NIS as they view it not to be any different from the former Special Branch which was known to be a tool of oppression and torture.
- The body lacks financial credibility and political independence. The extent to which NIS is Neutral in its handling of sensitive affairs is questionable.
- Lack of a clear distinction between accountability and necessary secrecy has sometimes brewed tension. It is difficult to audit the activities of the Body just like any other government organization, due to the nature of its tasks.
- The growing volumes and complexity of communications presents a significant security challenge for national intelligence and government agencies that seek to intercept, process monitor and analyze it.
- External and internal threats for example Al-shabaab militia from Somalia, Merille Warriors from Ethiopia and Al-Qaeda attacks. Internally, the refugees hosted in Kenya and the illegal migrants from Somali and Sudan are also a threat. The problem of drug trafficking is also a threat.
- Continuous capacity building training is a necessity, given the complexity of the task. However this remains a challenge.
- Limited financial and human resources since inadequate funds are allocated to the service. This limits its operations. Sometimes even the staff employed is incompetent.
- Political interference- with the aim of using the service to gain political mileage.
- Ignorance of the Kenyan people on the kind of tasks the service undertakes and the advice it gives to the government. For example, anytime the country has been faced with tension or violence as was the case in 2008, the public seem not to understand the role of NIS.
- The organ does not have implementation powers and is limited in terms of the ability to follow up an implementation of the advice given to the government.
The National Police Service.
It is headed by the Inspector-General who appointed by the president with the approval of the parliament.
He / She exercises independent command over the national police service The National polices Service Consists of;
- The Kenya Police Service, headed by a deputy inspector general also appointed by the president in accordance with the police service commission recommendations.
- The Administration Police Service, headed by a deputy inspector general also appointed by the president in accordance with the police service commission recommendations.
Functions of the National Police Service
- The National Police Service is responsible for the operations of the Kenya police service and the Administration police service in Kenya.
- It has the duty of ensuring the highest standards of professionalism and discipline among its members.
- It has the duty to prevent corruption and promote and practice transparency and accountability.
- It has the duty to ensure that organs operating under it comply with constitutional standards of human rights and fundamental freedoms.
- It ensures that the staff is trained to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity.
- It fosters and promotes relationships with the broader society.
Functions of the police service (Kenya police service and administration police service).
- The police maintain law and order to ensure that those who break the law are arrested.
- The police protect the law in order to safeguard both life and property.
- It investigates crime and prosecutes offenders in the court.
- The police confines suspected criminals in remand as they await the hearing and judgment of their cases in the court.
- The police regulate traffic and arrests traffic offenders. They also check for defective or unroadworthy vehicles on the road in order to safeguard life.
- Provides assistance and relief services to victims of natural calamities such as floods, fire outbreaks and other emergencies.
- Takes part in national projects such as road construction, bridges, hospitals and other national facilities.
- The police take a leading role during public holidays. They control the crowd and entertain people.
- They liaise closely with international police (Interpol), in order to investigate and arrest international criminals such as terrorists and notorious Somali pirates.
Challenges facing the National Police Service
- The police lack adequate transport and communication equipment necessary to discharge their duties. Lack of facilities such as radios, motor vehicles etc.
- Frequent road accident and congestion on roads add pressure to police work.
- Many members of the public in Kenya have Negative attitude towards the police making it difficult for them to discharge duties.
- Poor conditions of work and remuneration demotivates the police force.
- The police force has been accused of Corruption, sometimes demanding for money from the public. This undermines the maintenance of law and order.
- Easy access to dangerous and sophisticated weapon by criminals makes police work more difficult.
- Terrorism is a serious challenge to the police in Kenya. Some of the terrorists have targeted members of the police force.
- Political interference in the work of the police compromises the integrity of the police force.
- Modernization and advancements in ICT also some with major challenges for the police. Incidents of cyber crimes have escalated in the world, including kenya.
- Lack of regular – in service training for police officers to cope with emerging challenges. This challenge is even compounded by the problem of recruiting of people with low academic qualifications into the force and who can’t deal with sophisticated cases.
The National Police Service Commission.
The structure of the National Police Service Commission.
- A person who is qualified to be appointed as a High Court Judge, and who is appointed by the president.
- Two retired senior police officers, each of whom is appointed by the president.
- Three persons of integrity who have served the public with distinction, each of whom is appointed by the president.
- The Inspector-General of the National Police Service.
- Both Deputy Inspectors-General of the National Police Service.
Functions of the National Police Service Commission
- The Commission recruits and appoints persons to hold or act in offices in the service.
- The commission confirms appointments, and determines promotions and transfers within the National Police Service
- It observes due process, exercises disciplinary control over and removes persons holding or acting in offices within the Service.
Possible solutions to challenges facing the national security organs.
- The security organs have acquired modern telecommunication equipment and vehicles to improve transport and communication in the security force.
- Introduction of the post of public Relations Officer/ Spokesman in the organs to coordinate and disseminate information.
- Raising of qualification requirements for anybody aspiring to join the security organs. This has paved way for employment of university graduates in the forces.
- Introduction of professional training programmes for officers with the aim of improving the effectiveness of the organs of national security.
- The terms and conditions of service for the members of the security organs have been improved
- Community policing has-been introduced to help the security forces to get information from the public through hotlines and suggestion boxes.
- There is increased patrolling by the Kenya navy as far north as Somali border to address maritime defence more seriously.
- The aviation experts have recommended the relocation of Moi Airbase from its current location which id congested.
In 1963 the Prisons Act was enacted to harmonize the treatment and conditions of offenders in
Kenya’s penal institutions. The Act’s milestone provisions were;
- Youth corrective training centres
- Extra-mural and penal employment
- Provision for organization, discipline, power and duties of prisons officers. Correctional services in Kenya are provided by the former Kenya Prisons Service.
- Interactive collaboration with all stakeholders in the administration of criminal justice such as courts of law and members of the National Police Service.
- Improvement in the management and conditions of the prisons, including rehabilitation programmes, with a view to empower prisoners with knowledge and skill, hasten their reintegration into society and empower them to be law abiding citizens upon release.
The functions of Correctional Services in Kenya.
- They Rehabilitate/correct criminals through counseling.
- They deter known criminals from committing other crimes.
- They administer Punishment to sentenced criminals as prescribed by the court rulings-implement the decisions of the courts regarding treatment of prisoners.
- They confine prisoners convicted by the courts of law to ensure that the rights and freedoms of the public are protected.
- They provide vocational training for prisoners in fields that they make them productive citizens of the country at the end of their jail term.
- They keep watch over he behaviors of suspected criminals whose cases are still pending in the law courts.
- They take care of the welfare of prisoners by providing them with the necessary medical attention.
- They confine suspected dissidents who are a threat to state security.
Challenges facing correctional services in Kenya
- The challenge of overcrowding in prisoners on the rise, overcrowding in correctional facilities has been inevitable. This results in poor living and sanitation conditions for inmates.
- Disease outbreak is a very common problem in our prisons mainly caused by inadequate and congested facilities. HIV and AIDS is rampant in prisons
- Mistreatment of inmates by warders. This has once happened at Kingongo when some inmates were allegedly tortured and killed by warders when they attempted to escape.
- Food shortage, inadequate medical facilities and poor clothing further compound the situation in prisons.
- Improvement in the quality of food, medical services and living conditions for prisoners.
- Provision of sufficient beddings and clothing.
- Introduction of extra-mural Penal employment for petty offenders to ease congestion in the prisons.
- There has been supply of new and comfortable motor vehicles for efficient transport in the correctional services department.
- Petty offenders have been constantly released to ease congestion in prisons. For example the release of a record 11,500 prisoners in December 2003. Death row inmates who have also been in jail for over ten years have been released.
- Easing of access to prisons/visits by members of the public/relatives.
- Introduction of public Relations office to disseminate information.
- Streamlining the hearing of cases with a view of keeping prisoners in remand for a short period before sentencing them.
- The national government has also become directly involved the affairs of those receiving correction services.
The two components of the Kenyan Parliament/legislature are;
- The National Assembly.
- The Senate.
The Composition and membership of the National Assembly.
- Two hundred and ninety members, each elected by the registered voters of single member constituencies.
- Forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency.
- twelve members nominated by parliamentary political parties according to their proportion of members of the National Assembly to represent special interests including the youth, persons with disabilities and workers.
- The Speaker, who is an ex officio member.
Membership of the Senate
- forty-seven members each elected by the registered voters of the counties, each county constituting a single member constituency
- Sixteen women members nominated by political parties according to their proportion of members of the Senate elected.
- Two members, being one man and one woman, representing the youth.
- Two members, being one man and one woman, representing persons with disabilities.
- The Speaker, who shall be an ex officio member.
Office of parliament.
Speakers and deputy speakers.
Two Speakers, ex-officio member, one for each of the two houses.
Each is elected by members of the respective house from among persons who are qualified to be elected as members of parliament but are not MPs. A deputy speaker is elected from among members of each of the houses by the mps.
Their offices become vacant when;
- A new house of parliament first meets after an election.
- When he/she resigns, dies.
- When a house resolution of two-thirds removes him/her from office.
The speaker has no vote in parliament and in case of a tie, The question is lost. The six speakers in Kenya since independence include;
- 2013-present - Justin Muturi.
- 2008-2013- Kenneth Marende.
- 1993-2007- Francis Ole Kaparo
- 1991- 1992-Professor Jonathan Ngeno
- 1988- 1990-Moses Arap Keino
- 1970 – 1987- Frederick Mbiti Mati.
- 1964-1969-Humphrey Slade became the first speaker of the single house.
- 1963- Muinga Chokwe (speaker of the upper house)
- 1963- Humphrey slade (speaker of the lower house).
Role of the speaker.
- He/she presides over the proceedings of the house and ensures that they are conducted in accordance with the rules of procedure. He enforces standing orders in the house.
- The speaker disciplines members of the house who violate standing orders by ordering such them to leave the house or be barred from attending three house consecutive sittings.
- Maintains order during debates and enforces rules which govern conduct of the house. The speaker interprets the rules of the house.
- He/she gives the MPs chance to contribute towards house debates to ensure that the minority are given a fair hearing before the will of the majority prevails.
- He/she represents and protects the authority of the house.
- He/she organizes and determines the business to be conducted in the house by receiving Bills, motions and questions for discussion in the house, and then prepares an order paper.
- He/she adjourns sittings if the house lacks a quorum.
- He/she keeps and maintains the attendance register and grants permission to MPs to be absent from sessions. MPs going out of the country must inform the speaker of their absence from Kenya.
- He/she heads the National Assembly department and takes charge of its general administration and welfare. He/she is responsible for preserving dignity and order and for the comfort and convenience of the members and staff within parliament buildings.
- He/she chairs the speaker’s committee, the committee of powers and Privileges and the standing Order Committee.
- The speaker issues orders and makes rules for the regulation of visitors to parliament and represent parliament in its relations with foreign countries.
- The speaker chairs the branches of the commonwealth Parliamentary Association, Inter-Parliamentary Union and the Union of African Parliaments. He/she represents Parliament at the commonwealth speaker’s conference.
- He/she declares parliamentary seats vacant and issues writs for general elections and by-elections.
- He/she receives and accepts letters of resignation from members of parliament.
- He/she swears in members of parliament before participating in the House deliberations.
- He, summons parliament to a new when parliamentarians are on recess.
- As part of parliament officers, there is the leader of the majority party and leader of minority party.
- The majority party leader is the person who is the leader in the national assembly of the largest party or coalition of parties.
- The minority party leader is the person who is the leader in the national assembly of the second largest party or coalition of parties.
Role of party leaders.
- They promote and uphold national unity through party activities.
- They enforce adherence to principles of good governance, democracy and upholding human rights and fundamental freedoms and gender equality and equity.
- The leaders work to advance the goals of the party and ensure their programme is carried out to the satisfaction of the party.
- The leader of the majority party has to ensure and maintain support for legislation.
- The leader of the minority party has to protect the rights of the minority.
- The leader of the majority party has to ensure accountability and transparency in the party. And the government.
Functions of parliament in Kenya.
- The elected members of parliament Represents the will of the people, and exercises their sovereignty.
- Parliament considers and passes amendments to the Constitution
- It has powers to alter county boundaries as provided for in the Constitution.
- Parliament has the duty to protect the Constitution and promote the democratic governance of the Republic.
- Parliament is the sole body that has the power to make provision having the force of law in Kenya
Functions of the National Assembly in Kenya.
- The national assembly represents the will of the people and expresses their sovereignty since it represents people from the 290 constituencies and special interest groups.
- The National Assembly deliberates on and resolves issues of concern to the people in the Constituencies and special interest groups.
- The National Assembly enacts legislation that affect the nation-not the county government. For example the money bill may be introduced only in the national assembly.
- The National Assembly determines the allocation of national revenue between the levels of government/it controls revenue and expenditure in the republic.
- It appropriates funds for expenditure by the national government and other national State organs/ it exercises oversight over national revenue and its expenditure.
- The National Assembly reviews the conduct in office of the President, the Deputy President and other State officers/It may initiate the process of removing them from office.
- The National Assembly approves declarations of war and extensions of states of emergency.
Functions of the Senate in Kenya
- The Senate represents the counties, and serves to protect the interests of the counties and their governments.
- The Senate participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties.
- The Senate determines the allocation of national revenue among counties/It exercises oversight over national revenue allocated to the county governments.
- The Senate participates in the oversight of State officers by considering and determining any resolution to remove the President or Deputy President from office.
The process of law making in Kenya.
This is the process of enacting new laws or amending the existing ones.
The two conditions for the start of a law making process are
- The presence of a speaker or his deputy.
- A quorum of fifty members of the national assembly.
- A quorum of 15 members of the senate.
- A bill is a proposed piece of legislation (law). Bills originate in the National Assembly.
- A Bill not concerning county government is considered only in the National Assembly, and passed in accordance with the Standing Orders of the Assembly.
- A Bill concerning county government may originate in the National Assembly or the Senate, and is passed in accordance with the Standing Orders of the Houses.
a) Public Bill- these deal with matters of public policy that affect all citizens of Kenya. They are also categorized into two;
- Government Bill-introduced by cabinet secretaries.
- Private member’s Bill.-introduced by back-benchers in the national assembly
This a bill that has provisions dealing with taxes, payment of charges by public, appropriation , receipt ,custody or issue of public money, raising or guaranteeing of any loan, its repayment or other matters relating to such monies.
- The government departments and public offices to be affected by a bill consult first before it is drafted. A bill is then drafted by the government draftsman (the parliamentary counsel) in the attorney general’s chambers.
- When the cabinet is satisfied with the draft, it is published in the Kenya gazette at least fourteen days before it is introduced to parliament. The main purpose of this is to give the public chance to view and criticize the Bill. The draft proposal is also presented to parliament to give members chance to research on it on preparation for a debate in the future.
- A Bill is first introduced by any member or committee of the relevant House of Parliament, but a money Bill may be introduced only in the National Assembly.
- Before either House considers a Bill, the Speakers of the National Assembly and Senate jointly resolve any question as to whether it is a Bill concerning counties and, if it is, whether it is a special or an ordinary Bill.
- When any Bill concerning county government has been passed by one House of Parliament, the Speaker of that House refers it to the Speaker of the other House.
- If both Houses pass the Bill in the same form, the Speaker of the House in which the Bill originated shall, within seven days, refer the Bill to the President for assent.
- The National Assembly may amend or veto a special Bill that has been passed by the Senate only by a resolution supported by at least two-thirds of the members of the Assembly.
- Within fourteen days after receipt of a Bill, the President assents to the Bill; or refer the Bill back to Parliament for reconsideration by Parliament, noting any reservations that the President has concerning the Bill.
- Parliament may amend the bill in light of the president’s reservations or pass the bill a second time without amendments.
- If parliament amends the Bill after consideration of the president’s reservations, the speaker must resubmit the bill to the president for assent.
- Parliament could pass the bill without amendments or with amendments that do not fully accommodate the president’s reservations if supported by;
- Two-thirds of the members of the national assembly, and
- Two-thirds of the delegations in the senate, if the bill requires approval of the senate.
- The bill then has to be submitted by the appropriate speaker to the president for assent within seven days.
- If the president fails to assent the bill within seven days, the bill will be considered acted upon and therefore considered null and void.
The process of the bill coming into force as a law.
Sections of it may also be published in the local dailies so as to publicize the law to all residents in the country.
The Act of parliament then comes into force as a law on the fourteenth day after its publication in the Kenya Gazette unless the Act specifies a different date or time when it will come into force. The law then binds everybody in the country.
Special Bills concerning county governments.
Ordinary Bills concerning counties.
A mediation committee refers to a committee comprising equal number of members from both houses appointed by the speaker with the task of formulating a version of the Bill that both Houses could pass.
Both houses will then vote to pass or reject the formulated version. The Bill is considered rejected if the committee fails to reach an agreed version within 30 days.
If the second House passes it in an amended form, the bill must be taken back to the originating house for consideration. If the originating house passes it as amended; it is referred to the president for assent within seven days. If it rejects it, it is referred to the mediation committee.
Meaning of parliamentary supremacy
How parliamentary supremacy is upheld in Kenya.
- It is the only Body that makes and repeals laws. Technically, a constitutional court can overrule an act of parliament, but parliament can change the law to prevent that from happening.
- Parliament can remove the president from office by impeachment. A member of the national assembly, with the support of at least a third of all the members, may move an impeachment motion.
- Parliament through an amendment of the constitution, can limit the powers of the executive. It can also pass a vote of no confidence in the government, compelling the president and his/her cabinet secretaries to resign.
- Cabinet secretaries are accountable to the parliament for their activities in the ministries under their control. They have to answer questions in parliament about their ministries.
- Bills prepared by the cabinet have to be legislated by parliament, which is a law making body.
- Parliament has to approve government expenditure. The Cabinet secretary in charge of Finance annually presents the budget to parliament for approval by MPs. - the public accounts committee scrutinizes government expenditure. The Auditor and controller-General check the expenditure of all ministries and reports to parliament.
Ways in which parliamentary supremacy in Kenya is limited.
- Parliament cannot make laws that contradict traditional customs and practices of the people, unless people want change.
- Parliament cannot pass a law that contradicts the constitution. /the supremacy of the constitution is upheld.
- Increased power of the cabinet can reduce parliament’s authority. If the cabinet is too powerful, it may influence parliamentary decisions.
- The president can limit the supremacy by making independent decisions. For example, the president has emergency powers which sidestep parliamentary supremacy. State of Emergency does not follow parliamentary directions.
- Parliament supremacy can be limited by the application of international laws. Parliament may be forced to ratify a law out of necessity; failure to ratify an international law may invite punitive actions on the country.
- Delegated legislation may also limit its powers, i.e. the operation of the county government by-laws may limit parliamentary supremacy although national legislation prevails over county legislation.
- Referendum may be used to decide important issues as opposed to parliamentary decisions.
Merits of parliamentary supremacy/parliamentary system.
- It increases harmony, since the legislature and the executive work together. This is realized when MPs, who represent the electorate, bring their views to the executive (cabinet secretaries) in the legislature.
- This system allows ordinary citizens to participate in the governing process by electing their representatives to articulate their views on issues of national interest.
- It ensures a responsible and responsive government since the cabinet is controlled by parliament in its actions. Cabinet cannot ignore public opinion, since people choose the MPs. Such could risk a vote of no confidence.
- It instills a sense of responsibility in the executive since cabinet secretaries have to sit and answer questions in the house.
- The system legitimizes actions taken by the government, particularly when such actions originate from recommendations passed by the MPs- the people’s representatives.
- A parliamentary system gives citizens a chance to participate in national political leadership through presenting themselves for election as members of parliament or county assemblies.
- It provides for regular elections, giving the electorate the chance to reject non-performing MPs and elect others who can perform.
- Parliament is a training ground for effective leaders; the system enables Kenyans of ability and experience to prove their worth in parliamentary debates.
Demerits of parliamentary supremacy.
- It only works well where there are two parties; with one ruling while the other in opposition. In a case where there are more than two parties. A coalition government may be formed and this form of government is sometimes weak and unstable. Also where the legislature is dominated by one party, the cabinet tends to be dictatorial.
- Such government may not be effective in times of emergencies. The head of government has to consult with the cabinet and the legislature before acting.
- It weakens the executive. It compels the cabinet secretaries to spend most of their time in parliament instead of dealing with matters of their ministries.
“Terminative Role of Parliament” in Kenya.
Functions of the Parliamentary Service Commission
- The Commission is responsible for providing services and facilities to ensure the efficient and effective functioning of Parliament
- It is responsible for constituting offices in the house.
- It prepares annual estimates of expenditure of the parliamentary service and submitting them to the National Assembly for approval, and exercising budgetary control over the service.
- It is responsible for undertaking, singly or jointly with other relevant organizations, programmes to promote the ideals of parliamentary democracy.
- It performs other functions necessary for the well-being of the members and staff of Parliament; or prescribed by national legislation.
a) The parliament and the legislative assemblies in the county assemblies.
b) The national executive and the executive structures in the county government.
c) The judiciary and independent tribunals.
The process of National government formation.
The three arms of government operate independently and work on checks and balances
The executive is responsible for running the country by developing and implementing policies that lead to national development.
Even after dissolution of parliament after its expiry, the cabinet exists until a new one is appointed. This is to ensure that there is no power vacuum and that government operations continue.
Role of government in Kenya
- Government ensures that social and economic development is undertaken – by putting in place policies to improve schools, hospitals, agriculture, trade, housing and industry.
- It upholds human rights and freedoms and ensures that all citizens live in peace and harmony through the administration of justice and maintaining law and order.
- Government organizes an effective defence force to protect the country from internal and external aggression.
- It also has a duty to establish sound foreign policies to promote international cooperation with other countries by setting up foreign embassies and high commissions.
- It has a duty to foster national unity by recognizing diversity and ensuring equitable sharing of national and local resources.
- Government protects and promotes the interests and rights of the minorities and marginalized communities.
A county government consists of;
- Members (one member per ward) elected by the registered voters of the wards in a general election in Kenya.
- The Speaker, who is an ex officio member.
- Members appointed by the county governor, with the approval of the county assembly, from among persons who are not members of the assembly.
The election of a county governor.
Each candidate for election as county governor nominates a person as his/her running mate to be the deputy governor.
Removal of a County Governor from office.
- Gross violation of the Constitution or any other law.
- When the county governor commits a crime under national or international law.
- When the governor abuses office or is accused of gross misconduct.
- When he/she suffers from Physical or mental incapacity that hinders performance of the functions of office.
- Resigns, in writing, addressed to the speaker of the county assembly.
- Is convicted of an offence punishable by imprisonment for at least twelve months.
- Ceases to be eligible to be elected as a county governor.
- Is removed from office under the constitution.
THE COUNTY ASSEMBLY
A county assembly consists of
- Members (one member per ward) elected by the registered voters of the wards in a general election.
- Members of special seats (no more than two-thirds of the membership of the assembly is of the same gender.)
- Members of marginalized groups, including persons with disabilities and the youth.
- The Speaker, who is an ex officio member.
The functions of a county assembly.
- County assemblies make laws for the effective performance of the county government.
- It acts as a watchdog over the county executive committee.
- It receives and approves plans and policies for managing and exploiting the county’s resources, and, developing and managing the infrastructure and institutions.
Conditions that must be met by a person seeking for election to a County Assembly.
- The person must be a registered as a voter in his/her county.
- The person must have been a Kenyan citizen for atleast ten years before the elections.
- The person must be able to read and write in English and Kiswahili.
- He or she must be of sound mind.
- The person must be of unquestionable morals and ethics
- If a public officer, he/she must relinquish his/her public work.
- The person must be nominated by a political party
- If he/she is an independent candidate, must be supported by at least five hundred registered voters in the Ward concerned.
- The person must not have been declared bankrupt.
- The person must not have served a sentence of imprisonment of more than six months.
- The person must not have misused or abused a State or public office.
Vacancy in the office of member of county assembly may happen if the member;
- Is absent from eight sittings of the assembly without permission, in writing, of the speaker of the assembly and is unable to offer satisfactory explanation for the absence.
- Resigns, in writing, addressed to the speaker of the county assembly.
- After being elected to the assembly as a member of a political party, he/she resigns from the party, or is deemed to have resigned from the party, or after being an independent candidate, the member joins a political party.
- Gets to the end of the term of the assembly
- Becomes disqualified for election after the court rules in favour of an election petition made against him/her.
Speaker of County Assembly
Structure and functions of the national government.
THE ELECTORAL PROCESS:
Role of the Independent Electoral and Boundaries Commission in Kenya.
- The Commission is responsible for conducting or supervising referenda and elections to any elective body or office.
- It is responsible for continuous registration of citizens as voters and regular revision of the voters’ roll.
- It Prescribes and reviews electoral boundaries in constituencies and wards at intervals of not less than eight years, and not more than twelve years. The constitution provides for 290 constituencies established under the following considerations;
- Community of interest, historical, economic and cultural ties
- Geographical features and urban centres
- Means of communication
- It is responsible for regulation of the process by which parties nominate candidates for elections.
- The commission is responsible for settlement of electoral disputes, including disputes relating to or arising from nominations. However it does not handle election petitions and disputes subsequent to the declaration of election results.
- The registration of candidates for election.
- Educate/informs the public on the requirements for voters and contestants
- Facilitation of the observation, monitoring and evaluation of elections.
- It is responsible for regulation of the amount of money that may be spent by or on behalf of a candidate or party in respect of any election.
- Identifies, appoints and trains election officials.
- Verifies and announces election results
- Prepares ballot papers and other election materials.
- Identifies and recommends polling stations.
Types of elections.
- General elections. These are elections held after every five years. Initially they were meant to be held on the second Tuesday in August on the fifth year. But this has since been altered due to the delay in new constitution implementation process
- By elections. These are elections of new leaders to fill vacant seats left following deaths of occupants, resignation or annulment of their election through successful petition in court.
- Re –run elections- this are elections held exactly one month after the general elections involving only two presidential candidates in case of no clear winner in the general election.
Why Kenyans elect their representatives to parliament every five years.
- It is a constitutional requirement that Kenyans elect MPs after every five years.
- The elections give Kenyans a chance to practice their democratic right of choosing their representatives.
- It enables Kenyans control their elected representatives i.e. the fear of losing election ensures that elected representative serve the electorate well.
- It enables Kenyans choose between representatives and between parties that express the policies that they agree with.
- Through periodic elections, Kenyans are able to participate in activities of their government The following methods have been used in elections in Kenya.
- Mololongo (queuing)
- Secret ballot.
THE 2007 ELECTIONS IN KENYA
The Kreigler commission that was formed to look into the causes of the 2008 violence reported the following weaknesses.
- Irregularities in the voter register which excluded 30% of the potential voters the register contained names of deceased persons. Women who had attained the voting age were found to be under represented.
- Imbalanced distribution of registered voters among constituencies. Some constituencies like Embakasi had over 200, 000 registered voters while others like Mandera East had less than 20,000 registered voters.
- Rampant cheating where in some cases the votes cast were more than 100% of the registered voters.
- Existence of exclusive strongholds with some electoral areas being out of bounds for some political parties.
- There was a defective system of voter tallying and relaying of information. Some of those declared winners finally lost their seats through election petitions.
- Incompetence of the ECK officials with even the chairman stating clearly that it was impossible to establish who won the elections.
- The results relayed sometimes faced integrity queries. Some officials relayed cooked results.
- The composition of the ECK raised suspicion especially among the opposition.
The principles that govern the electoral process in Kenya.
- All citizens have the freedom to exercise their political rights
- Not more than two-thirds of the members of elective public bodies shall be of the same gender.
- Persons with disabilities must receive fair representation.
- There must be universal suffrage based on the aspiration for fair representation and equality of vote.
- The elections should be free and fair and will be by secret ballot, free from violence, intimidation, improper influence or corruption.
- The elections will be conducted by an independent body, transparent; and administered in an impartial, neutral, efficient, accurate and accountable manner.
Legislation on Elections.
- The constitution of Kenya-that is a sovereign state and republic with the people owning all sovereign power directly or through democratically elected leaders.
- The national assembly and presidential elections Act- it outlines the steps to be followed in the registration of voters, nomination of candidates, polling and counting of votes and other related processes.
- The local government act- it gives the procedure and rules for conducting elections for county, municipal and town councils.
- The electoral offences Act. – it lays out the election offences like bribing of voters, threatening voters, voting more than once or causing violence on polling day or during campaigns.
- One must be an adult citizen at least 18 years old.
- He/she must be a Kenyan citizen in possession of an identity card or passport.
- He/she must be a registered voter.
- He/she must been registered at only one registration centre
- One must not be an insane person.
- He/she must have been convicted of an election offence during the Preceding five years.
Voter and civic education.
Civic education is aimed at conveying knowledge to the citizens about the country’s political system and context. For example, information about the system of government, the nature and powers of the elective offices, to be filled in an election.
Nomination of candidates.
- Party nominations
- IEBC nominations
- The person should not be a member of a registered political party and should not have been a member for at least three months immediately before the date of elections
- He/she must be a registered voter.
- He/ she must satisfy the educational, moral and ethical requirements as per the constitution or act of parliament.
- In case of national assembly elections, he/she must attract the support of at least 1000 registered voters in the constituency.
- In case of the senate, one must attract the support of at least 2000 registered voters in the county.
Conditions that must be met by one wishing to be elected Member of Parliament.
- A person is eligible for election as a Member of Parliament if the person is registered as a voter.
- If the person satisfies any educational, moral and ethical requirements prescribed by the Constitution or by an Act of Parliament.
- if he is nominated by a political party, or is an independent candidate who is supported in the case of election to the National Assembly, by at least one thousand Registered voters in the constituency; or in the case of election to the Senate, by at least two thousand registered voters in the county.
Disqualifications for one from being elected a Member the National Assembly.
- If the person is a State officer or other public officer, other than a Member of Parliament.
- If a person has, at any time within the five years immediately preceding the date of election, held office as a member of the Independent Electoral and Boundaries Commission.
- If a person has not been a citizen of Kenya for at least the ten years immediately preceding the date of election.
- If a person is a member of a county assembly.
- If one is of unsound mind.
- If one is declared bankrupt.
- Is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election.
- If one is found, in accordance with any law, to have misused or abused a State office or public office.
An elected MP may lose his/her seat in parliament under the following circumstances.
- When he/she ceases to be a Kenyan citizen.
- He /she receive a jail sentence exceeding 6 months or death penalty from a court of law.
- When he/she resign, through writing to the speaker, from the national assembly.
- When he/she is declared bankrupt by a court of law.
- When he/she is found to be of unsound mind.
- When he/she resigns from the sponsoring political party or as an MP.
- When he/she fails to attend 8 consecutive sessions during the life of a particular parliament without permission from the speaker.
- When he/she defects from one party to another.
- When he/she having been elected to parliament as an independent candidate, decides to join a political party.
The returning officer, the election officer in the constituency then tallies the total votes from all the polling stations and announces per candidate in the constituency. He/she declares the elected mp for the constituency and councilors of each ward. He announces the number of votes per candidate for the presidential elections.
The IEBC then declares the validly elected candidates for the presidential, National Assembly and Senate.
Factors likely to interfere with free and fair elections in Kenya.
- Ethnic loyalties/polarization/Party loyalties. People may be compelled to vote along tribal lines, in total disregard of the leadership records or accomplishment of those they elect.
- Illiteracy of some voters. This curtails their ability to mark the ballot papers correctly.
- Inadequate civic education. The lack of adequate sensitization of the voters can lead to ineffective election process.
- Violence. Harassment of voters by rival groups/ Insecurity/fear instilled in candidates. All forms of chaos makes accessibility to voting stations by voters difficult.
- Corruption of candidates and their supporters. This is through bribing of voters to vote for certain candidates.
- Incompetent election officials. Some election officials are partisan and therefore unable to preside over elections competently.
- Rigging. On many occasions aspiring candidates or their agents have complained of rigging.
- Transport difficulties. The electoral process in Kenya has been faced with the problem of Inaccessibility of some polling stations
- Communication problems. During the voting day, some remote areas experience communication problems between the headquarters’ and the polling stations.
- Extreme weather conditions. Delivery of polling materials has sometimes been affected by bad weather.
- Gender insensitivity. For a long time, women have not been given a fair share in the electoral process in Kenya.
- Use and misuse of mass media. Some politicians own some media houses, sometimes they have subjected them to misuse. There has been also the problem of imbalance when it comes to media coverage of elections.
Electoral guidelines and regulations that may help minimize irregularities.
- Whatever voting method is used, the system must be simple, accurate, verifiable, secure, accountable and transparent.
- The votes cast must be counted, tabulated and the results announced promptly by the presiding officer at each polling station.
- The results from the polling stations must be openly and accurately collated and promptly announced by the returning officer.
- Appropriate structures and mechanisms to eliminate electoral malpractices must be in place, including the safekeeping of electoral materials.
- Electoral petitions, other than in a presidential election, must be filed within 28 days after the declaration of the election results by the IEBC.
- Service of a petition may be direct or by advertisement in a newspaper with national circulation.
- District election coordinators. - Officials responsible for all electoral matters at district level. They act as a link between people at the grassroots level and the IEBC headquarters.
- Registration officers. –they register voters in each constituency and issue them with voter’s card.
Returning officers. – are in charge of elections in a constituency which has several polling stations. They perform the following functions:
- They set up polling booths in each polling station.
- They receive nomination papers from prospective candidates
- They distribute ballot papers and boxes to polling stations.
- They supervise the voting and counting of votes in the constituency.
- They appoint the presiding officers in each polling station.
- Announcing the results of the elections.
Presiding officers. –in charge of polling stations. And perform the following duties;
- They conduct the polls in an orderly, free and fair manner at the polling station.
- They ensure that every eligible voter votes only once.
- They help illiterate voters mark ballot papers.
- They seal the ballot boxes and transfer them to a central point in the polling station where the votes will be counted.
- They maintain law and order at polling stations and report any irregularities to the returning officer.
- They ensure that there is impartiality in conducting.
- Polling clerks. On the polling day, they assist and guide voters, particularly those who are illiterate.
- Security personnel. –police officers maintain law and order during the polling and counting of votes.
- Counting clerks. –they sort out ballots and then count the ballots per candidate.
- Party agents. – they represent candidates or political parties in a polling station or counting hall to ensure that the polling and counting procedures are transparent , orderly , free and fair.
- Observers. –these are neutral persons who make observations and write reports on the polling and counting exercise to indicate if the elections were free and fair or not.
Jomo Kenyatta was born Kamau wa Ngengi to Ngengi wa Muigai and Wambui in Gatundu, Kiambu on 20th October 1891. His father died while Kamau was very young was adopted by his uncle Ngengi, who inherited his mother. When his mother died during childbirth, young Kamau moved from Ng'enda to Muthiga to live with his medicine man grandfather Kũngũ wa Magana.
He joined the Church of Scotland Mission (CSM) at Thogoto, as a resident pupil. In 1912, having completed his mission school education, he became an apprentice carpenter.
In 1914, he converted to Christianity, assuming the name Johnstone Kamau. He left the mission later that year to seek employment as an apprentice carpenter on a sisal farm in Thika. To avoid forced recruitment as WWI soldier, he lived with Maasai relatives in Narok, where he worked as a clerk for an Asian contractor. He took to wearing a traditional beaded belt known as a 'Kenyatta', a Swahili word which means 'light of Kenya'.
In 1922 Kamau adopted the name Jomo Kenyatta, and began working for the Nairobi Municipal Council Public Works Department as a store clerk and water-meter reader.
Marriage and family.
In 1942, he married Edna Clarke and Peter Magana was born in 1943. In 1951 Kenyatta married Ngina Muhoho, daughter of Chief Muhoho and was independent Kenya's First Lady, when Kenyatta was elected President.
Kenyatta and politics.
He also made a presentation on Kikuyu land problems before the Hilton Young Commission in Nairobi in the same year.
In February 1929 Kenyatta was dispatched to London to represent the KCA in discussions with the Colonial Office. He wrote several letters and in the letter published in The Times in March 1930 set out five points:
- The security of land tenure and the return of the land taken by European settlers.
- Improved educational opportunities for Black Africans.
- The repeal of Hut and poll taxes.
- Representation for Black Africans in the Legislative Council.
- Freedom to pursue traditional customs (such as female genital mutilation)
Kenyatta and pan-Africanism.
Kenyatta and the struggle for independence.
From 1948 to 1951 he toured and lectured around the country. He also published My People of Kikuyu and The Life of Chief Wang'ombe, a history shading into legend.
The Mau Mau Rebellion began in 1951 and KAU was banned, and a state of emergency was declared on 20 October 1952. Kenyatta was arrested in October 1952 and indicted with five others (Bildad Kaggia, Fred Kubai, Paul Ngei, Achieng Oneko and Kung’u Karumba).
At Kapenguria trials lasting 5 years, Rawson Macharia who was the main prosecution witness later confessed that he had been bribed to give false information about Kenyatta. The defense was led by British barrister D.N. Pritt. The court led by Judge R.S. Thacker, sentenced Kenyatta and his team on 8 April 1953 to seven years imprisonment with hard labour and indefinite restriction thereafter.
Kenyatta remained in prison at Lokitaung in north western Kenya until April 1959, after which he was detained in Lodwar.
On 14 May 1960, he was elected KANU President in absentia. In 1960, Ambu Patel, a follower of Mahatma Gandhi formed the ‘Release Jomo Kenyatta Committee’. On 23rd march 1961, Kenyan leaders visited him in Lodwar. On 11 April 1961, he was moved to Maralal with daughter Margaret. On 14 August 1961, he was released.
Elections were then held in May 1963 and KANU beat KADU by winning 83 seats out of 124. On 1 June 1963, Kenyatta became prime minister of the autonomous Kenyan government. On 1 June 1964, Kenyatta became an executive President following amendment of the Constitution to make Kenya a republic.
His marriage of Colonial Chief's daughters, his post independence Kikuyu allies mainly being former colonial collaborators, and his short shrift treatment of former Mau Mau fighters after he came to power, all strongly suggest he had scant regard for the Mau Mau
Kenyatta and nation building
In the 1969 elections, Kenyatta banned the only other party, KPU led by Jaramogi Oginga Odinga, detained its leaders, and called elections in which only KANU was allowed to participate. Kenyatta made use of detention, ethnic loyalties, and careful appointment of government jobs to maintain his commanding position in Kenya’s political system.
Kenyatta was again re-elected unopposed as President in 1974. He remained president until his death four years later in 1978.
Sickness and Death
On 14 August 1978, he hosted his entire family, including his son Peter Magana who flew in from Britain with his family, to a reunion in Mombasa. On 22 August 1978, he died in Mombasa due to ‘old age’. He was buried on 31 August 1978 at a mausoleum on Parliament grounds.
Kenyatta’s tenure as president featured the following problems.
- There was a great split within KANU due to his land policy. Kenyatta compromised with the whites over their property. The Land-buying companies formed to buy European farms favoured one community.
- From the onset of independence, KADU advocated for Majimboism and therefore opposing national unity.
- The 1966 term featured border conflicts with Somalia, and more political opposition. He made the Kikuyu-led KANU practically the only political party of Kenya. He placed several of his Kikuyu tribesmen in most of the powerful state and security offices and posts.
- Increasing loss of confidence in his government suspected of complicity in murders of Pio Gama Pinto, Tom Mboya and J.M. Kariuki. MP and Lawyer C.M.G. Argwings-Kodhek and former Kadu Leader and Minister Ronald Ngala.
- Poverty, ignorance and disease were serious problems in Kenya in the early years of independence.
- There was shortage of manpower since the inherited educational policy left Africans ill-equipped for skilled employment.
- Kenya did not have adequate funds to provide for is development needs.
- There was a serious problem of poor transport and communication.
- The existence of Banditry (Shifta Menace) in north-eastern kenya also shifted attention from economic development.
- Mzee Jomo Kenyatta is credited with leading Kenya to independence and setting up the country as a relatively prosperous capitalist state.
- He oversaw a peaceful land reform process, oversaw the setting up of the institutions of independent Kenya, and also oversaw Kenya's admission into the United Nations.
- During his reign, the country was reasonably well governed, peaceful and stable, the economy developed and grew rapidly and attracted high levels of foreign investment, and a black Kenyan professional and business middle class was established.
- Kenyatta failed to mould Kenya, being its founding father, into a homogeneous multi-ethnic state. the country remains a de facto confederation of competing tribes.
- His resettlement of many Kikuyu tribesmen in the country's Rift Valley province is widely considered to have been done unfairly.
- His authoritarian style, with elements of patronage, favouritism, tribalism and/or nepotism drew criticism and dissent, and set a bad example followed by his successors.
- He had the Constitution radically amended to expand his powers, consolidating executive power.
- He was also been criticized for ruling through a postcolonial clique of his relatives, mainly African Kikuyu colonial collaborators from Kiambu, while giving scant reward to the real fighters for Kenya's independence.
- Kenyatta has further been criticized for encouraging the culture of wealth accumulation by public officials their office influence, thereby deeply entrenching corruption in Kenya.
- His policies are also criticized for leading to a large income and development inequality gap in the country favouring mainly Nairobi and the Country's Central Highlands, over others.
In 1955, he attended Ruskin College, Oxford, where he studied industrial management. In 1956, he returned to Kenya and joined politics at the height of Mau Mau uprising.
In 1960, Mboya together with others formed KANU. As Secretary General of KANU, Mboya headed the Kenyan Lancaster House delegation.
After Kenya's independence on 1 June 1963, Mboya was elected as an MP for Nairobi Central Constituency (today: Kamukunji Constituency) and became Minister of Justice and Constitutional Affairs.
As Minister for Economic Planning and Development, he wrote "Sessional Paper 10" (adopted by Parliament in 1964), which provided a model of government based on African values.
He was gunned down on July 5, 1969 on Moi Avenue, aged 38 years.
Mboya left a wife and five children. He is buried in a mausoleum located in Rusinga Island which was built in 1970.
Ngala was born in 1922 at Gotani in Giriama country. In 1929 the family moved to Vishakani near Kaloleni, which was to be Ngala's home for the rest of his life. Ngala attended Alliance High School and Makerere University College where he gained a teaching diploma. He worked as a teacher and later became headmaster of Mbale Secondary School in Taita-Taveta. In 1952 he was transferred to Buxton School in Mombasa where he served as the principal.
Ngala was elected to the Legislative Council in 1957 to represent the Coast Rural constituency. He formed the African Elected Members Organization (AEMO) together with other elected African MPs.
at a meeting held on May 14, 1960 in Kiambu he was elected as the KANU's treasurer, a position he declined to take. At a meeting held in Ngong on June 25, 1960, the Kenya African Democratic Union (KADU) was formed with Ngala as its leader, in opposition to KANU.
At the 1961 legislative council elections Ngala formed the first African government. Ngala became Leader of Government Business and later Prime Minister.
On 12 November 1964 The leaders of KADU, including Ronald Ngala, Masinde Muliro and Daniel arap Moi decided to dissolve KADU and join KANU.
Ngala in the post independence period
Ronald Ngala was made Minister of Cooperatives and Social Services in the Kenyatta government. He went on to become one of KANU’s vice-presidents at the 1966 Limuru Conference. Ngala remained active in the government until he died in a road accident in 1972. The circumstances of Ngala's death in 1972 were suspicious.
Daniel Arap Moi
Daniel Arap Moi was born on 2nd September, 1924 in Kurieng'wo in Sacho Location of Baringo County, raised by his mother Kimoi Chebii following the early death of his father. his elder brother Tuitoek played a guardian role, influencing him to go to school at an early age.
In 1934, Moi joined African Inland Mission School, Kabartonjo. On October 20th 1936 he was baptised Daniel. In 1938, he transferred to African Inland Mission, Kapsabet and later to Government African School, Kapsabet where he was a school captain and a captain of the football team. He attended Tambach Teachers Training College. He worked as a teacher from 1946 until 1955. He was posted as a Head teacher at Kabarnet where he studied privately and passed London Matriculation Examinations. He was promoted in 1949 to the rank of P2 and transferred to Tambach Government African School as a Teacher Trainer.
President Moi married Helena (Lena) Bommet in 1950 and they were blessed with 8 children; 3 daughters and five sons, (Jennifer, Doris and adopted daughter June; Jonathan, Raymond, John Mark, Philip and Gideon). But they separated in 1974, before his presidency.. Lena died in 2004.
Moi’s long political career.
In October 1955 the Electoral College selected Moi from a list of eight nominated candidates to fill a vacancy left by Joseph ole Tameno who resigned from the unofficial benches of the legislative council. In 1957, when elections were held, for LEGCO, Moi won with a landslide against Justus Ole Tipis and later joined AEMO. In 1959, he led AEMO members to visit Jomo Kenyatta in detention in Lodwar.
In 1960 he founded the Kenya African Democratic Union (KADU) with Ronald Ngala to challenge the Kenya African National Union (KANU) led by Jomo Kenyatta.
Moi was among the Kenyan delegation under the auspices of KADU who went to the London Constitutional talks of June 1960.
Moi was elected to the Kenyan parliament in 1963 from Baringo North. Since 1966 until his retirement in 2002 he served as the Baringo Central MP and only served as a vice-president from 1967 until 1978 when he became the president.
In 1976, the Kiambu Mafia, tried to infamously change the constitution to prevent the vice-president automatically assuming power in the event of the president's death. However, Kenyatta withstood the political pressure and safeguarded Moi's position.
When Jomo Kenyatta died on 22 August 1978, Moi became president. Political realities dictated that he would continue to beholden to the Kenyatta system which he had inherited. On 1 August 1982, fate played into Moi's hands when forces loyal to his government defeated an attempted coup d'état by Air Force officers led by Hezekiah Ochuka.
Moi took the opportunity to dismiss political opponents and consolidate his power reducing the influence of Kenyatta's men in the cabinet. He appointed supporters to key roles and changed the constitution to establish a de jure single-party state.
Moi, his regime now faced an economy stagnating under rising oil prices and falling prices for agricultural commodities, singlehandedly convinced the KANU delegates at a conference at Kasarani in December, 1991 over the restoration of a multi-party system
in 1992 and 1997, marred by political violence and absence of an effective and organized opposition, Moi had no difficulty in winning, skillfully exploited Kenya's mix of ethnic tensions. Mwai Kibaki was elected President on 29 December 2002 and Moi handed over power to him.
Moi After retirement.
After leaving office in December 2002, Moi lived in retirement but still retained some popularity with the masses. He spoke out against a proposal for a new constitution in 2005. On 25 July 2007, Kibaki appointed Moi as special peace envoy to Sudan.
On 28 August 2007, Moi announced his support for Kibaki's re-election.
Moi owns the Kiptagich Tea Factory, established in 1979, which in 2009 the factory was under threat of being closed down by the government during the Mau Forest evictions.
Challenges and achievements
The major test to His leadership was in August 1982 when a detachment of Airforce soldiers attempted to overthrow his government but they were crushed.
- Moi served as Chairman of the Organization of African Unity (OAU) for two consecutive terms - 1981 and 1982.
- He has also been involved in mediation between various conflicting sides in Uganda, Congo, Somalia, Chad, Sudan, Mozambique, Eritrea/Ethiopia, Rwanda, and Burundi etc.
- He served as Chairman of Preferential Trade Area (1989-1990), COMESA (1999-2000), E.A. Co-operation (1996- 2002) and Inter-Governmental Authority on Development IGAD (1993 - 1998).
- He has travelled widely, being called upon as a president to provide peace keeping forces in troubled parts of the world like Chad, Uganda, Namibia, Mozambique, Iran/Iraq, Kuwait, Yugoslavia, Liberia, Morocco, Angola, Serbia/ Croatia, D.R. Congo, Sierra Leone and East Timor.
- Moi has supported the formation of regional economic bodies to increase trade and as a means for the developing countries to have a united voice in the global economy.
- On 30th December 2002, Moi handed over power to Mwai Kibaki in a peaceful transition that followed the Narc victory over Kanu in the December 2002 General Elections.
- Currently, Moi is setting up a foundation through which he hopes to participate in solving conflicts in the horn of African and the Great Lakes Region as well as help rehabilitate street children and those orphaned by HIV/aids.
Jaramogi Ajuma Oginga Odinga (Oct.1911 – Jan 20, 1994).
Oginga Odinga was born at Nyamira Kang’o, in Sakwa location in Bondo, in October, 1911. Christened Obadiah Adonijah, he later renounced his Christian names and became known as Ajuma Oginga Odinga.
Young Odinga began his formal education in 1926, at Maranda. He sat for his common entrance examination in 1929. He Attended Maseno School where he sat his STD 8 exams in 1934. He enrolled at Alliance High School in 1935 upto, finishing his formal education with a diploma in education from Makerere University College in 1939. From 1940 to 1942 Odinga taught mathematics at the Church Missionary Society school, Maseno. From 1943 to 1946 he was headmaster of the Maseno Veterinary School.
Odinga and Economic and social independence
In 1944, he quit teaching and formed the Bondo Thrift Association in 1945.
In 1947, he founded the Luo Thrift and Trading Corporation for commercial and political purposes, serving as its managing director until 1962. LUTATCO build their first shop, Maseno Store, posho mills at Ngiya, Bondo and Dudi. The company owned Ramogi Press in Nairobi in 1947, publishing a Dholuo newspaper, Ramogi, edited by Achieng Oneko, Odinga’s student in
Maseno School. They also published Nyanza Times, Radioposta, Sauti ya Mwafrika and
Mumenyereri. Between 1956 and 1957, they built Ramogi House and Africa House Kisumu. He helped to form the Luo Union, which brought together all the Luo people. His efforts
earned him admiration and recognition among the Luo, who revered him as Ker – a title previously held by the fabled classical Luo king, Ramogi Ajwang, who reigned 400 years before him. Odinga became known as Jaramogi (man of the people of Ramogi).
Odinga travelled across the major towns in East Africa raising funds that resulted in the building of the Ofafa Memorial Hall in Kisumu in 1957 which became the headquarters of the Luo Union.
Odinga’s political contributions (1948-1963)
In 1947, he won the central Nyanza African District Council elections. In 1948 he joined Kenya African Union (KAU) having been influenced by a Luo Union and KAU leader, Ambrose Ofafa. In 1957 and became the political spokesman of the Luo. The same year, he was elected member of the Legislative Council for the Central Nyanza constituency. He became the chairperson of AEMO formed by the eight African elected Members of the LEGCO. He with Mboya and Kiano formed the Kenya Independence Movement after AEMO began to disintegrate.
After the 1960 Lancaster House Conference, attended by a unified African delegation, Odinga emerging as one of the radical group leader, dissatisfied Africans with the conference decisions. Odinga and other members of the legislative council formed the Kenya African National Union (KANU). Odinga's KANU used its strong showing in the 1961 general elections to help gain Kenyatta's release.
Odinga after independence.
Kenya gained independence in Dec 1963, and Odinga was appointed minister for home affairs.When Kenya became a Republic in 1964, he was its first Vice-President. As Vice-President he did not agree with Jomo Kenyatta's government, and he resigned his post and quit KANU in 1966 to form the Kenya People's Union (KPU). He openly challenged the government's use of private and foreign investment capital and its close ties with the West.
Within KANU, a coalition formed against Odinga and in 1966 a KANU reorganization conference abolished his post of party vice-president. In October 1969, Odinga together with Achieng Oneko and other KPU members were jailed by the government. The KPU was banned, and he stayed in prison for 15 months. Odinga remained an opposition leader throughout the1970s.
After Kenyatta's death in 1978, the new president, Daniel Arap Moi, tried to bring Odinga back into KANU. Moi, appointed Odinga as chairman of the Cotton Lint and Seed Marketing Board where he did not last long, because he was still outspoken against Kenyatta's policies. When Odinga was reinstated into the party in 1980, he attacked Moi and Kenyatta as corrupt and protested U.S. military presence in Kenya.
Odinga attempted to register a political party in 1982, but his plans were foiled when Kenya was made a de jure single-party state in 1982, KANU party again banished Odinga.Throughout the 1980s, Odinga remained vocal in calling for democracy. In 1984, he tried to launch and register the Ramogi Development Trust (RADET) but the government denied it registration
Odinga and the Struggle for multi-partyism in the 1990s
In 1991, Odinga founded the National Democratic Party, but the government refused to recognize it and briefly jailed Odinga. Later that year Odinga and five other opposition leaders formed the Forum for the Restoration of Democracy (FORD). But FORD split in 1992, and Jaramogi formed FORD-K finishing fourth behind Moi, Matiba and Kibaki.
In 1993, Odinga's reputation suffered when he admitted taking a campaign contribution from a bank accused of bribing government officials. In the months before his death in January 1994, Odinga tried to reconcile his branch of FORD with KANU, but without success.
Maathai was born on April 1, 1940 in the Ihithe village, Nyeri County, in the central region to Muta Njugi, a farm labourer on a white owned farm in the rift valley. In 1950, she joined Ihithe Primary School for primary education in 1951, Maathai moved to St. Cecilia's Intermediate Primary School at the Mathari Catholic Mission in Nyeri where she studied for four years. During this time, she converted to Catholicism, taking the Christian name Mary Josephine.
In 1956 she joined Loreto High School Limuru.
She was chosen to study at American universities in September 1960 under the Kennedy Airlift or Airlift Africa. In 1964, she joined the University of Pittsburgh to study for a master's degree in biology.
In January 1966, upon her return to Kenya, Maathai dropped her Christian name, preferring to be known by her birth name, Wangari Muta. In April 1966, she met Mwangi Mathai, whom she later married in 1969 and had three children with him.
In 1971, she became the first Eastern African woman to receive a Ph.D., (in Anatomy) from the University of Nairobi. She was a member of the Nairobi branch of the Kenya Red Cross Society, becoming its director in 1973.
In 1979, her husband, Mwangi Mathai divorced her, saying she was too strong-minded for a woman and wife and accusing her of adultery with another Member of Parliament.
Wangari Maathai as political activist.
In 1979, Maathai ran for the position of chairman of the National Council of Women of Kenya (NCWK). She lost, but was chosen to be the vice-chairman of the organization. In 1980, Maathai was elected chairman of the NCWK unopposed. However NCWK was left virtually bankrupt, as Future funding by government was channeled to Maendeleo Ya Wanawake a pro-government splinter group.
In 1982, she resigned from the University of Nairobi to campaign for a Parliamentary seat in her home region of Nyeri. However, she was disqualified from vying.
On February 28, 1992, Maathai and others took part in a hunger strike in Uhuru Park, to pressure the government to release political prisoners. The protest continued until early 1993, when the prisoners were finally released.
After the first multi-party election of Kenya, in 1992, Maathai traveled with friends and the press to areas of violence in order to encourage them to cease fighting. After her friend and supporter Dr. Mukanga was kidnapped, Maathai chose to go into hiding.
During the elections of 1997, Maathai ran for parliament and for president as a candidate of the Liberal Party. She lost the election.
On July 7, 2001, shortly after planting trees at Freedom Corner in Uhuru Park in Nairobi to commemorate Saba Saba Day, Maathai was again arrested. Later that evening, she was again released without being charged.
Maathai again campaigned for parliament in the 2002 elections, this time as a candidate of the National Rainbow Coalition; she won with an overwhelming 98% of the vote. In January 2003, she was appointed Assistant Minister in the Ministry for Environment and Natural Resources and served in that capacity until November 2005.
In December 2007, choosing to run as the candidate of a smaller party Maathai was, defeated in the parliamentary election.
The life of Wangari Maathai as an environmental conservationist.
Following the establishment of the Environment Liaison Centre in 1974, Maathai became the chair of the board. In 1974, with her husband as the MP for Lang’ata constituency, Maathai founded the Envirocare Ltd., a business that involved the planting of trees to conserve the environment. This led to the planting of her first tree nursery, in a government tree nursery in Karura Forest.
On June 5, 1977, marking World Environment Day, Maathai led the NCWK in a procession from Kenyatta International Conference Centre to Kamukunji Park where they planted seven trees in honor of historical community leaders.
This was the first "Green Belt" planted by what became the Green Belt Movement.
In 1982, she was approached by Wilhelm Elsrud, executive director of the Norwegian Forestry Society. Who partnered with the Green Belt Movement and offered her the position of coordinator. In 1987, Maathai stepped down as chairman of the NCWK and focused her attention on the newly separate nongovernmental organization.
In October 1989, Maathai learned of a plan to construct the 60-story Kenya Times Media Trust Complex in Uhuru Park. Her protests, some leading to her being harassed, led to the foreign investors to cancel the project in January 1990
In June 1992, both Maathai and President Arap Moi traveled to Rio de Janeiro for the UN Conference on Environment and Development (Earth Summit) where she became a chief spokesperson despite government protest.
In 1998, Maathai protested against the privatization of large areas of public land in the Karura Forest. In August 16, 1999, when the president announced that he was banning all allocation of public land.
On October 8, 2004, Maathai became the first African woman, and the first environmentalist, to win the Nobel Peace Prize for her contribution to sustainable development, democracy and peace.
On March 28, 2005, she was elected the first president of the African Union's Economic, Social and Cultural Council and was appointed a goodwill ambassador for an initiative aimed at protecting the Congo Basin Forest Ecosystem.
Achievements of Wangari Maathai.
- As a member of the Kenya Association of University Women, she was on the forefront in campaigning for equal benefits for the women while at the university and also as a member National Council of Women of Kenya (NCWK).
- she succeeded in stopping the government from encroaching on a public utility at Uhuru park to construct the 60-story Kenya Times Media Trust Complex.
- She succeeded in pressurizing the government to release political prisoners through painful hunger protests at Uhuru Park. The prisoners were released in early 1993.
- Maathai was the first African woman, and the first environmentalist, to win the Nobel Peace Prize for her contribution to sustainable development, democracy and peace.
- Maathai has been very instrumental in environmental protection through the Green Belt Movement.
Factors for the rise of nationalism in Africa.
- The exposure of Africans to severe economic exploitation during the colonial period. For example land alienation in the Kenya Highlands, in southern Rhodesian, Algeria and South Africa which was accompanied with forced labour where the labourers faced mistreatment.
- Africans were fed up of heavy and harsh taxation by the Europeans. They were exposed to heavy taxation, ranging from hut tax to breast tax in Belgian Congo.
- Africans were fed up with the gradual destruction of their culture by the whites. Missionaries totally dismissed the age-old African traditions as being barbaric. This explains why independent schools and churches sprung up in central Kenya.
- The introduction of racial discrimination to go hand in hand with colonialism. All the best social amenities in South Africa, Zimbabwe and Kenya were reserved for the whites. The Europeans equated the black colour with low intelligence, uncivilized and a backward race.
- Africans resented colonialism because it interfered with their political institutions. The colonial rulers disregarded traditional rulers, appointing their own puppets in their place.
- The Acquisition of western education by many Africans by 1945 enabled them to articulate their grievances more forcefully and to understand political developments outside Africa.
- The return of the ex-servicemen after the second world war which exposed the myth of the white supremacy making Africans ready to fight them. Moreover, the colonial government failed to reward African ex-soldiers to embitter them more.
- The change of government from Conservative to Labour Party in Britain in 1946 stimulated a new attitude in Britain towards decolonization. This motivated African nationalists.
- The rise of nationalism in Asia, culminating into the granting of independence to India and Pakistan in 1947 aroused great confidence among Africans who worked closely with Asian nationalists like Jawaharlal Nehru, the India Prime Minister.
- The rise of Pan-Africanism in Africa after the 1945 Manchester conference contributed to the new demands for political independence in Africa Many African élites attended the conference which served as a source of awakening.
- The formation of the UNO and the pressure it exerted on the European powers to decolonize helped the Africans in their course.
- The emergence of United States and the Soviet Union as superpowers in the world contributed to the decolonization process. USA was keen to see Britain and France grant independence to their subjects in the world in order to secure new markets.
- The signing of the Atlantic Charter in 1941 by Winston Churchill and Franklin Roosevelt which demanded that when the WWII ended, all subject peoples should enjoy the right to self-determination.
NATIONALISM IN GHANA
In the 1930s, African elites like J.B. Danquah launched the Gold Coast Youth Conference in order to awaken the youth to the economic and social needs of the country.Their efforts bore fruits because in 1946, governor Burns embarked on constitutional reforms leading to increased African representation in the LegCo. (Of the 18 slots given to Africans in the LegCo, 13 were to drawn from among the chiefs while 5 were to be popularly elected).
The elites formed the United Gold Coast Convention (UGCC) and invited Kwame Nkrumah, a graduate of the University of Pennsylvania in Philadelphia, to come and lead it since most of them were professionals lacking time for political commitment. Nkrumah appeared to have more political experience having participated in the 1945 Manchester conference.
Factors for the growth of nationalism in Ghana.
- The early Introduction of cocoa growing led to adoption of money economy in Ghana ahead of other countries. This enabled faster social and economic transformation of the people.
- The colonial government’s attempt to tamper with cocoa growing by ordering cutting of coca trees hurt people to the level of developing nationalistic feelings against the British.
- Ghana was one of the first countries in Africa to receive western education from the missionaries. There was a large class of elites with western university education accompanied with leadership skills to spearhead nationalism their country.
- The existence of ex-servicemen in Ghana also played an important role in the campaign for independence.
- The granting of trading licences by the government selectively to European traders while deliberately denying then Africans.
- Ghana had comparatively better developed transport and communication system. Also being a small country, movement of information, ideas and people was easy, quick and efficient. This facilitated nationalist activities.
- The charismatic and strong leadership provided by Kwame Nkrumah brought cohesiveness among people of Ghana. He formed the CPP party, which became the symbol of struggle for the oppressed people of Ghana.
- The participation of Kwame Nkrumah in the Pan-African Manchester conference in 1945, which championed the right of countries to self-determination, made the country take the lead in Africa in championing this right.
- The people of Ghana were more exposed to international affairs than other countries in Africa due to its location in a region, which had the earliest contacts with European traders and colonizers.
The peak of nationalism in Ghana.
This arrest popularized Nkrumah among the Africans. The 1948 Alken Watson commission blamed the social-economic oppression for the riots. The governor ordered for constitutional reforms led by J.H Coussey.
On 12th June 1949, Nkrumah broke ranks with the conservative UGCC senior members and formed the Convention People’s Party (CPP). His party gained support mainly from among the primary school leavers, store-keepers, artisans, peasants and cocoa farmers. Nkrumah advocated positive action through legitimate political action, newspaper and political campaigns and constitutional application of boycotts, strikes and non-cooperation based on the policy of absolute non-violence on the basis of Mahatma Gandhi teachings. He started a newspaper, The Accra Evening News to expound CPP views. He was arrested, but secured landslide victory in the February 1951 elections while in jail. He was released to become the leader of government business in the new cabinet. CPP also won in the 1954 elections in which a new party, the National Liberation Movement (NLM) had emerged to compete CPP. NLM membership mainly from the Ashanti, were uncomfortable with Nkrumah because;
- He came from a small ethnic group little known in southern Ghana.
- His radicalism did not please the conservative Ashanti leaders.
Achievements of CPP under Kwame Nkrumah.
- CPP under Nkrumah united Africans of all ranks in Ghana in the struggle for national liberation.
- The party introduced the concept of positive action to pressurize the government to liberate Africans.
- CPP formed the first African government in Africa in 1951 after winning the elections. Under Nkrumah’s leadership, Ghana began attaining economic development.
- CPP, under Nkrumah, advocated for unity of all Africans in the country us other parties like NLM advocated for regionalism, a factor that enhanced progress towards political liberation.
How Kwame Nkrumah contributed to the liberation struggle in Africa.
- He funded nationalists in other countries e.g. Guinea and Algeria.
- He supported other African leaders who faced political threats from their former colonial masters.
- When some countries were faced with threats from their former colonial masters after independence like in the case of Patrice Lumumba in DRC, Nkrumah provided them with his support.
- He championed trade unionism in Africa.
- He attended pan-African congress in 1945 which was key to defining the liberation struggles in Africa.
- He initiated the formation of the Ghana- Guinea Union in 1958 as a practical step towards building African unity.
- He convened two pan-African conferences in April 1958 and the all African People's conference in December 1958 that led to the formation of O.A.U in 1963.
NATIONALISM IN MOZAMBIQUE.
Reasons for slow process in decolonization process of Mozambique.
- Mozambique was colonized by a colonial power that was very poor and backward and which needed to keep its hold on her to enable her economy grow. She was an important source of revenue for the Lisbon government.
- Mozambique housed many settlers who had invested heavily in farming, mining, building, construction and in other sectors. They were therefore reluctant to leave.
- Mozambique was an important market for Portuguese products. Portugal was not willing to let go easily.
- The support, which the colonial government got from South Africa, enabled them to get uranium, which they used, for making bombs used to suppress African independence riots. They also got electricity and assistance to built caborra bassa dam on Zambezi.
- Mozambique was big geographically with very poor infrastructure i.e. roads and communication facilities. This hampered fast movement of people and ideas.
- Unlike other colonized countries, Mozambique suffered the worst kind of exploitation and repression/ rigorous censorship and surveillance by security forces, which discouraged emergence of nationalism.
- The Portuguese practiced racism out of fear that if they educated Africans and gave them equal status, the Africans would outnumber them and throw them out.
Factors for the growth of nationalism in Mozambique.
- The arbitrary replacement of the traditional rulers by the Portuguese administrators whenever they felt they were not performing.
- The massive alienation of African land by the Portuguese who pushed Africans to regions of unfavourable conditions.
- The exposure of Africans to severe economic exploitation like forced labour where the labourers faced mistreatment.
- The rampant racial discrimination through which Africans continued to lose agricultural land to the Europeans. Being from a poor country, the Europeans competed with Africans for simple jobs like taxi driving and often gaining advantage on racial lines.
- The Portuguese imposed many restrictions on Africans, limiting their freedom of expression and intellectual advancement. For example, General Salazar, who rose to power in the 1920s, ensured strict censorship of the press.
- The security police treated Africans with great cruelty. Any political unrest was crushed ruthlessly.
The peak of nationalism in Mozambique.
From 1962 to 1964, FRELIMO undertook guerilla training in Bagamoyo and at the Mozambique institute in Dar es Salam in preparation for war. From September 1964, they began a full-scale war against the Portuguese along river Ruvuma and extending their attacks on the Cabo Delgado province. By 1967, the Portuguese forces numbered 65,000 soldiers. Mondlane Eduardo was assassinated in 1969. Samora Machel was elected to become the FRELIMO army commander in 1970.
The coup d’etat in Lisbon in 1974 was a blessing to FRELIMO movement since soldiers who did not favour colonial wars by Marcello Caetano carried it out. The new military junta finally signed an agreement with FRELIMO the enabled the setting up of a transitional government in September 1974. He handed over power to the Africans in 1975 with Samora Machel becoming the first president.
Machel died in 1986 in a plane crash blamed on the South African Apartheid regime, unhappy with his support for African nationalists in South Africa.Samora Machel’s widow, Graca Machel, married South African President Nelson Mandela in 1994.
Reasons why the struggle for independence in Mozambique was violent.
- The depth of suffering by ordinary people in Mozambique was unbearable.
- The harshness of the Portuguese administration could only be matched with similar violence.
- The unwillingness of Portugal to ease her colonial hold and begin the process of decolonization. (they were deeply entrenched in Mozambique)
- Extreme exploitation of Mozambique resources e.g. land, labour, minerals.
- Widespread land alienation left many landless.
- To uproot the Portuguese from Mozambique, they had to use full-scale military operation by the liberators because the masters did not see any sense of granting Mozambique independence peacefully.
Factors that facilitated the defeat of the Portuguese colonial armies by FRELIMO in Mozambique.
- A few Africans were privileged to acquire university education in Portugal and came to form the bulk of FRELIMO leadership.
- The overwhelming support Mozambique fighters received from other African states e.g. Tanzania, Zimbabwe and DRC. From these countries, they gained moral and military support.
- FRELIMO was a formidable, well-organized force, which witnessed rapid expansion from a mere 250 in 1964 to 35000 in 1967.
- The forested environment favoured guerilla warfare. Moreover, the soldiers knew the topography of the country.
- The local population gave their logistic support to the fighters, having become tired of the extreme suppression by the Portuguese administration.
- The movement fighters had their own supply of food.
- African countries through OAU were united against the Portuguese in Mozambique.
- The communist countries notably USSR and china gave FRELIMO military aid.
- FRELIMO adopted the right strategy; liberating the country bit by bit and systematically. This approach won the local people’s support for the movement.
- The FRELIMO Army consisted of all tribes, all sexes and all ages. The women played a very important role in the success of the war. I.e. spies, some fought, hiding the fighters and cooking for them.
Problems that faced FRELIMO in the war against Portuguese.
- Africans experienced severe shortage of basic needs while in the forests. The government forces ensured that food and other supplies did not reach the fighters.
- The attitude of the church in Mozambique made many African faithful reluctant to support the liberation war. The church termed FRELIMO a terrorist organization.
- FRELIMO suffered internal divisions due to ideological differences and selfish ambitions among some of the nationalists. African elites like Reverend Uria Simango and Lazaro Kavandame saw FRELIMO as an instrument of acquiring assets for their own selfish benefits.
- Competition from rival guerrilla movements like Revolutionary Committee of Mozambique (COREMO) which broke away from FRELIMO in 1965 due to the latter’s lean towards socialism.
- The assassination of FRELIMO leader Eduardo Mondlane in Da es Salaam on 3rd February 1969 was a great blow to the nationalists.
- The brutality employed by the Portuguese in dealing with FRELIMO sympathizers. For example at Wiriyamu, in December 1972, 400 civilians, protesting against the Portuguese administration, were massacred.
- The apartheid regime in South Africa and the Unilateral Declaration of Independence regime in south Rhodesia combined forces to fight the nationalists in Mozambique since they were a threat to their countries.
- The country was not colonized by one specific European power.
- The existence of valuable mineral deposits made the Europeans more aggressive in their efforts to control the wealth in South Africa.
- The British nationalism
- Afrikaner nationalism
- African nationalism.
Reasons for the birth of Afrikaner Nationalism in South Africa.
- The desire to regain the culture against Anglicization, which they considered, was alien. (Anglicization of power, language and cultures)
- The Boers hated the British rule, which they considered as alien.
- The British were dominant in many spheres of life yet they could neither speak nor understand Afrikaners’ language.
- The Boers wanted to rule South Africa and restore Boer culture, language, education and literature.
- They favoured republican states and complete independence for South Africa and non-cooperation with British to fulfill their divine mission of bringing civilization to the heathen.
- The Jameson raid flared up Boer sentiments. Jameson, a Briton led a force of 500 soldiers to invade Transvaal, a Boer territory.
- Formation of union of South Africa under British terms.
In 1906, a Zulu chief named Bambata staged another African uprising this time against the British who had annexed the Zululand in 1887.
From 1910, when the union of South Africa was created and the Afrikaners gained political control of South Africa, Africans lost all the political privileges they previously enjoyed like ability to vote and contest parliamentary seats.
Africans founded independent churches and formed organizations like the Orange River Organization.
Factors for the growth of African nationalism in South Africa.
- The role of the Christian religion whose ideals encouraged Africans to fight for equality, as all people were equal before God. The Boers however treated Africans with contempt.
- The exposure of Africans to severe economic exploitation like land alienation and causing them to be subjected to forced labour on Afrikaner farms. Even the native Land Act of 1913 denied Africans the right to purchase land outside the areas set aside for Africans.
- The influence of Pan-Africanism in South Africa as early as the 19th century when people like Rev. Dube founded the Ohlange Institute to educate fellow Africans in South Africa.
- The introduction of racial discrimination enshrined in the apartheid law of 1948 convinced Africans that only freedom could save them. All the best hotels, restaurants, schools, recreational centres and most fertile soils were reserved for the whites only.
- The Acquisition of western education by many Africans like Rev. Dube, Walter Sisulu and Nelson Mandela enabled them to articulate their grievances more forcefully. They became pioneers of early African political parties.
- The return of the ex-servicemen after the second world war which exposed the myth of the white supremacy making Africans ready to fight them. The war also exposed them to democratic ideals elsewhere.
- The great exploitation of African labour through Labour regulations and laws. For example, the Mines and Works Act of 1911 effectively excluded Africans from all skilled occupations confining them to manual occupations in Mines and farms.
- The development of large urban centres created an enabling environment for Africans to forge close inter-ethnic relations that enabled them to counter the Afrikaner racist policies.
Formation of the African National Congress, 1912
- The founding president was John L. Dube, a minister and schoolteacher.
- Pixley Ka Isaka Seme, a lawyer, was appointed treasurer.
- Solomon T. Plaatye, a court translator, became secretary general.
- Other members were Thomas Mapikela, Walter Robusana, Solomon Plaatye and Sam Makgatho.
As a result of the League’s activities, violent confrontations between ANC and the government broke out in 1952 in Witwatersrand, Kimberley and Eastern Cape.
The Congress of the People and the Freedom Charter
The congress drew 3,000 delegates from;
- The black (the ANC).
- White (the Congress of Democrats).
- Indian and coloured (the the SA Coloured People's Congress) political organizations
- The multiracial South African Congress of Trade Unions (SACTU).
After adoption of the charter, in 1956 the police arrested 156 leaders, including Luthuli, Mandela, Tambo, Sisulu, and others, and put them on trial for treason in a court case that dragged on for five years.
The Pan-Africanist Congress and Sharpeville.
The ANC and the PAC Turn to Violence.
17 Umkhonto leaders, including Walter Sisulu were arrested at Rivonia farm house. Along with Nelson Mandela, they were tried for treason. Albert Luthuli was confined by government to his rural home in Zululand until his death in 1967. Tambo escaped from South Africa and became president of the ANC in exile. Robert Sobukwe of Poqo was jailed on Robben Island until 1969 and then placed under house arrest in Kimberley until his death in 1978. The Johannesburg railway station bomber, John Harris, was hanged.
The Black conscious movement - Soweto, 1976.
The peak of African nationalism in South Africa.
- A 50-member (all-white) House of Assembly.
- A 25-member (coloured) House of Representatives.
- A 13 member (Indian) House of Delegates.
- Whites thus retained a majority in any joint session.
- Liberal government opponents denounced Botha's plans arguing it would permanently exclude Africans from any political role in South Africa.
- Most blacks strongly condemned the new constitution as it reinforced the apartheid notion.
- Indians and coloureds also condemned the constitution feeling it weakened their participation in the political process
- Radical Afrikaners, led by Eugene Terry Blanche, vowed to use all means, including violence, to make sure that apartheid was not weakened.
Black trade unions meanwhile resorted to economic and political protests. For example, The National Union of Mineworkers (NUM), formed in 1983 by Cyril Ramaphosa, successfully brought work in mines to a stop in a dispute over wage increases. By end of 1985, 879, fatalities and 8000 arrests were linked to political unrest. ANC and UDF were banned.
Meanwhile, Supporters of the Zulu-dominated Inkatha Freedom Party (IFP) and the banned ANC clashed in an upsurge of "black-on-black" violence that would cause as many as 10,000 deaths by 1994.
President Botha resigned under pressure on August 14, 1989, the Electoral College named de Klerk to succeed him in a five-year term as president. In October 1989, De Klerk released Walter Sisulu and others except Mandela. He announced on February 2, 1990, the impending release of Mandela and unbanning of the ANC, the PAC, and the SACP, and the removal of restrictions on the UDF and other legal political organizations.
Mandela was released on February 11, 1990, at age 71 after 27 years in prison. ANC officials elected Mandela deputy president in March 1990, under ailing president, Oliver Tambo. Between June 5, 1991 and June 17, 1991, the government repealed the pillars of apartheid, the Land Act of 1913, the Group Areas Act of 1950 and Population Registration Act of 1950, (the most infamous, which had authorized the registration by race of newborn babies and immigrants). Most international sanctions were lifted soon after the Population Registration Act, Group Areas Act, and Land Acts were repealed.
In mid-1992 due to escalating violence, by IFP supporters on ANC sympathizers in Boipatong delayed the process of negotiation for elections. On March 5, 1993, Chris Hani, the popular general secretary of the South African Communist Party (SACP), was murdered threatening the process again.
On April 12, 1994, a team headed by former British foreign secretary Lord Carrington and former United States secretary of state Henry Kissinger attempted in vain to break the logjam that was keeping the IFP out of the elections. However, on April 19, Buthelezi--under intense pressure from trusted local and international figures—including a Kenyan diplomat professor Washington Okumu, relented and agreed to allow the IFP to be placed on the ballot.
When the elections finally took place on schedule, beginning on April 26, 1994, ANC won 62.6 percent of the vote; the NP, 20.4 percent; and the IFP, 10.5 percent. Mandela was unanimously elected president by the National Assembly on May 9, 1994, in Cape Town. He was inaugurated on May 10 at ceremonies in Pretoria.
Key South African Nationalists:
At a local Methodist school when he was about seven, he was baptised and given the English forename of "Nelson". His father died of an undiagnosed ailment when he was nine. Aged 16, he underwent the circumcision.
Mandela joined Clarkebury Boarding Institute in Engcobo, the best secondary school for black Africans in Thembuland. In 1937, he moved to Healdtown, the Wesleyan college in Fort Beaufort where he took an interest in boxing and running. Mandela joined Fort Hare University, where he met Oliver Tambo, a long time friend. He was studying Bachelor of Arts but was expelled in his first year for being involved in a Students' Representative Council boycott against university policies. Mandela relocated to Johannesburg, fearing early forced marriage, where met with his friend and mentor, Walter Sisulu.
After 1948 Mandela began actively participating in politics. He led in the ANC's 1952 Defiance Campaign as secretary General of the youth league. Mandela and 150 other participants in the freedom charter adoption were arrested on 5 December 1956 and charged with treason. In 1961 Mandela became leader of the ANC's armed wing, Umkhonto we Sizwe (Spear of the Nation). He coordinated sabotage campaigns against military and government targets.
On 5 August 1962 Mandela was arrested and was imprisoned in the Johannesburg Fort. On 11 July 1963 police arrested other prominent ANC leaders at Rivonia, north of Johannesburg. Together with Mandela, they were charged with capital crimes of sabotage at the Rivonia Trial. All were sentenced to life imprisonment on 12 June 1964 on Robben Island. Mandela remained there for the next 18 of his 27 years in prison. In March 1982 Mandela was transferred to Pollsmoor Prison, along with other senior ANC leaders. In 1988 Mandela was moved to Victor Verster Prison where he remained until his release on 11 February 1990.
Mandela returned to the leadership of the ANC led the party in the multi-party negotiations that led to the country's first multi-racial elections in 1994. Mandela and President F. W. de Klerk were jointly awarded the Nobel Peace Prize in 1993. Mandela, as leader of the ANC, was inaugurated on 10 May 1994 as the country's first black President after the 27th May 1994 Elections.
As President from May 1994 until June 1999, Mandela presided over the transition from minority rule and apartheid. He helped to resolve the long-running dispute between Libya on one hand, and the US and Britain, over bringing to trial the two Libyans indicted of the Lockerbie bombing on 21 December 1988.
Mandela decided not to stand for a second term and retired in 1999, to be succeeded by Thabo Mbeki. In July 2001 Mandela was diagnosed and treated for prostate cancer. In June 2004, at age 85, Mandela announced that he would be retiring from public life.
On 8th December 2012, Mandela was hospitalized at a Military Hospital near Pretoria suffering from a recurring lung infection. On 15 December, Mandela had surgery to have gallstones removed. He was released from the hospital on 26 December 2012.
Until July 2008 Mandela and ANC party members were barred from entering the United States—except to visit the United Nations headquarters in Manhattan—without a special waiver from the US Secretary of State, because of their South African apartheid-era designation as terrorists.
Robert Mangaliso Sobukwe
In 1950 Sobukwe was appointed as a teacher at a high school in Standerton. In 1954 Sobukwe became a lecturer of African Studies at the University of the Witwatersrand. He identified with the Africanists within the African National Congress. He edited The Africanist Newspaper in 1957, criticizing the ANC for allowing itself to be dominated by 'liberal-left-multi-racialists”. He later left ANC to form the Pan Africanist Congress (PAC). He became its first President in 1959.
On 21 March 1960, Sobukwe led a march of PAC supporters to the local police station at Orlando, Soweto in order to openly defy the Pass laws. In a similar protest in Sharpeville, police opened fire on a crowd, killing 69 in the Sharpeville Massacre. Sobukwe was arrested, convicted of incitement, sentenced to three years in prison and later interned on Robben Island. Sobukwe was released in 1969 and allowed to live in Kimberley with his family under house arrest.
He died on 27 Feb. 1978 Due to lung cancer and was buried in Graaf-Reinet on 11 March 1978.
On completing a teaching course at Edendale, Luthuli became principal and only teacher at a primary school in rural Blaauwbosch, Natal. Here he also became a lay preacher. In 1920 he declined a scholarship to University of Fort Hare to provide financial support for his mother. In 1928 he became secretary of the African Teacher's Association and in 1933 its president. He was also active in missionary work. He became chief in1936, until removed from this office by the government in 1952 due to what colonial authority called conflict of interest.
In 1944 Luthuli joined the African National Congress (ANC). In 1945 he was elected to the Committee of the KwaZulu Province Provincial Division of ANC. A month later Luthuli was elected president-general of ANC. In 1955, he attended an ANC conference only to be arrested and charged with treason a few months later, along with 155 others. In December 1957, Luthuli was released and the charges against him dropped.
Luthuli’s leadership of the ANC covered the period of violent disputes between the party's "Africanist" and "Charterist" wings.
In 1962 he was elected Rector of the University of Glasgow by the students, serving until 1965. In 1962 he published an autobiography titled: LET MY PEOPLE GO
In July 1967, at the age of 69, he was fatally injured in an accident near his home in Stanger.
Methods used by nationalists in South Africa in their struggle for liberation from white minority rule.
- They used force to fight for their independence.
- Africans used mass media to articulate their grievances, spread propaganda and mobilize the masses.
- Riots e.g. the Soweto riots of 1976 against the proposal to make Afrikaner (Boer language) the medium of instruction in all schools.
- There were demonstrations against Press Laws in 1960 at Sharpeville leading to massacres.
- Guerilla fighters trained in Algeria, Ghana etc carried out acts of sabotage like bombing strategic installations and power plants.
- The role of the clergy .e.g. Desmond Tutu who bitterly campaigned worldwide against apartheid.
- Use of diplomacy and negotiations to convince the whites about the futility of apartheid policy.
- Use of slogans such as Freedom Charter (1955) which proclaimed south Africa belonged to all races and called for political, social and economic equality
- They sent petitions, delegations to international forum.
- They formed political parties e.g. ANC, PAC, UDF and trade union activism to pressurize the government to change.
- They used job boycotts and strikes.
- They organized defiance campaigns and demonstrations in the streets to provoke the police to arrest them.
- They formed underground movements after the Umkhonto we Sizwe.
- Pressure from youth groups e.g. Steve Biko formed the Black Consciousness Movement as a weapon to counter oppression through organized strikes.
- Africans serving jail terms organized hunger strikes.
Problems encountered by African nationalists in South Africa.
- The colonial government employed the method of Banning of political organizations as a means of frustrating the struggle for independence. .g ANC, PAC, and CP which restricted their activities
- The Nationalists were harassed , arrested and detained or jailed by the authorities e.g. Mandela, Oliver Tambo Sisulu, Sobukwe e.t.c
- Many were forced into exile or flee the country in search of political asylum and restriction.
- A lot of violence was unleashed on them/ Killing of many nationalists and Africans such as Steve Biko and the 1960 Sharpeville massacre of school children spreading fear.
- Deliberate policy of divide and rule was employed to weaken African unity e.g. establishment of black homelands or Bantustans which eventually brewed the conflict between ANC and IFP of Buthelezi.
- The racist regime used emergency powers to harass and frustrate Nationalist leaders.
- The nationalists faced the problem of lack of money and other resources which slackened the struggle.
- Nationalists were denied access to state owned radio and other media outlets. Those media were instead used as a means of propaganda against the nationalists.
- Banning of trade unions also frustrated the activities of nationalists. Where they were allowed to exist, they were monitored by the police.
- The nationalists faced the challenge of movement restrictions through the pass laws that were introduced.
- African Journalists were harassed and their newspapers proscribed by the government.
POLITICAL ORGANIZATIONS AND MOVEMENTS AFTER 1945.
- The Acquisition of western education by many Africans by 1945 which enabled them to articulate their grievances more forcefully and to understand political developments outside Kenya.
- The return of the ex-servicemen after the second world war which exposed the myth of the white supremacy making Africans ready to fight them. Moreover, the colonial government failed to reward African ex-soldiers to embitter them more.
- The change of government from Conservative to Labour Party in Britain in 1946 stimulated a new attitude in Britain towards decolonization. Africans in Kenya took advantage of this attitude.
- The granting of independence to India and Pakistan in 1947 aroused great confidence among Africans in Kenya to also clamour for their own independence.
- The rise of Pan-Africanism in Africa after the 1945 Manchester conference contributed to the new demands for political independence in Kenya.
- The formation of the UNO and the pressure it exerted on the European powers to decolonize helped the Kenyans in their course.
- The emergence of United States and the Soviet Union as super powers in the world contributed to the decolonization process. USA was keen to see Britain and France grant independence to their subjects in the world in order to secure new markets.
- The signing of the Atlantic Charter in 1941 by Winston Churchill and Franklin Roosevelt which demanded that when the WWII ended, all subject peoples should enjoy the right to self-determination.
- The costs incurred by the European nations during WW2 made their taxpayers become reluctant to raise any more funds for colonial expenditures.
- They had a national outlook as members were drawn from different ethnic groups
- Their main objectives was to fight for independence
- Educated elites led them
- They had a large membership.
- They demanded for fair taxation for Africans.
- They all demanded for improved conditions for African workers.
- They all demanded for the return of alienated land.
When Eliud Mathu was nominated to the Legco on 10th October 1944, a number of well educated Africans led by Francis Khamisi agreed to form Kenya African Union (KAU) with the following objectives;
- To assist Mathu in his new task as the first African nominated to the LEGCO.
- To create a Multi-ethnic political grouping representing the interests and constitutional rights of all Africans effectively.
- To advocate for more constitutional reforms for Africans.
- To demand for better living and working conditions.
Two weeks after its formation, the governor ordered its officials to change its name to the Kenya African Study Union as it was meant to help Mathu in studying African problems.
In January 1945, James Gichuru became the president of KASU after Harry Thuku resigned, being unable to cope with radicalism in the union.
Under Gichuru, KASU published a newspaper - Sauti ya Mwafrika that concentrated on African grievances and the proposed East African Federation which they opposed.
The organization rejected proposals to give more powers to European members in the Executive council. They refused to accept a European dominated government of the East African Federation.
Later in 1946 on KASU changed its name to KAU feeling that the former name was inappropriate.
Kenya African Union
- They protested against inadequate African representation in the LEGCO.
- They protested against the lack of Participation of Africans in the governance of Kenya. They even demanded for Self-government for Africans.
- They were against the continued existence of the Kipande System and forced labour.
- They demanded improvement of the African working conditions with better wages equal to what was paid to other races.
- They demanded an end to Land alienation and racial discrimination.
- They demanded an end to Imposition of taxes.
- They demanded compensation of ex-servicemen.
- They were protesting against Lack of education opportunities for Africans.
Kenyatta travelled widely in Kenya where he urged people to join KAU. After 1947 KAU began to face the problem of a standoff between Radicals like Fred Kubai and Paul Ngei who wanted to use force to acquire independence, and moderates like Kenyatta himself. Radicals who included Bildad Kaggia took over the Nairobi branch of KAU. When the national delegates’ conference was held in 1951, Jomo Kenyatta retained presidency, J.D. Otiende became secretary General, PAUL Ngei –assistant SG and Ole Nangurai –Treasurer.
Between 1948 and 1950, KAU faced serious financial problems even failing to pay rent for its offices at the IBEA building.
Other problems that faced KAU
- Kenyatta also appeared too busy to run the affairs of the party as he doubled up as the Principal of Githunguri TTC.
- The party also faced a lot of hostility from the colonial government and the white settlers.
- There were rampant ethnic divisions within the membership of KAU being complicated by the fact that the party appeared to be dominated by one ethnic group, the kikuyu.
- Majority of the African population, who were illiterate, lacked political awareness under could not understand the political efforts required of them.
In 1952, KAU rallies were banned outside Nairobi after a political meeting in Nyeri, attended by the leader of Mau Mau, Dedan Kimathi, which attracted over 25,000 people thus startling the government.
When a state of emergency was declared in 1952, KAU leaders were arrested for being behind Mau Mau. Walter Odede became the acting president, Joseph Murumbi acting secretary and W.W.W.Awori-acting treasurer.
The acting official presented a 24-point memoranda to Oliver Lyttelton , secretary of state for colonies when he came to kenya during the emergency period, demanding the release of the Kapenguria six (Jomo Kenyatta, Paul Ngei, Kung’u Karumba, Bildad Kaggia, Achieng’ Oneko and Fred Kubai)
Walter Odede, the acting president was late arrested on 9th march 1953 while Murumbi escaped to Bombay, India as KAU was banned on 8th June 1953.
Achievements if KAU.
- Party members especially from the Nairobi branch gave moral and material support to the Mau Mau freedom fighters.
- The party provided guidance and political support to Eliud Mathu, the first African representative to the Legco.
- The party laid the foundation for the growth of the Kenya African National Union that ushered in independence in Kenya.
- Some of the members of the party were active members of Mau Mau. For example, Fred Kubai and Bildad Kaggia.
THE MAU-MAU REBELLION 1951 - 60
Sometimes the movement was referred to as the ‘Land and Freedom Army’ and the Anake-a-Forty.
Sometime in the late 1940s the General Council of the banned Kikuyu Central Association (KCA) began to make preparations for a campaign of civil disobedience involving all of the Kikuyu in order to protest the land issue. The members of this initiative were bound together through oath. The rituals obliged the oath taker to fight and defend themselves from Europeans.
In These oath rituals, There were rumors about cannibalism, ritual zoophilia with goats, sexual orgies, ritual places decorated with intestines and goat eyes, and that oaths included promises to kill, dismember and burn settlers.
The oaths were a cultural symbol of the solidarity that bound Kikuyu men, women and children in loyalty together in their opposition to the colonial government. It also instilled courage and unity among people,
Nonetheless, the British were scared by the oath, made taking the Mau Mau oath a capital offence. The British also screened Mau Mau suspects and forced them to take a 'cleansing oath', a strange instance of colonialism 'gone native'.
CAUSES OF THE MAU-MAU REBELLION
- The unemployment of the ex-soldiers who had been promised jobs after the World War II, but instead were made porters on European-estates. Similarly, people were retrenched, traders pushed out to business by Asian retail trade monopoly and European settlers.
- Africans, especially the Kikuyu, wanted their land returned. By 1948, 1.25 million Kikuyu were restricted to 2000 square miles (5,200 km²), while 30,000 settlers occupied 12,000 square miles (31,000 km²) fertile land. In the reserves Africans suffered from congestion, starvation and diseases like typhoid, cholera.
- It was a reaction against the Kipande system. This was a method of identity cards imposed on Africans to restrict them from unnecessary movements.
- The introduction of racial discrimination in Kenya. The Europeans equated the black colour with low intelligence, uncivilized, barbaric and a backward race. All the best hotels, restaurants, schools, recreational centres and most fertile soils in Kenya were reserved for the whites only.
- Africans were fed up of heavy and harsh taxation by the Europeans. Failure to pay tax was punishable by taking away the land or even imprisonment. So the Africans were forced to go and work under harsh condition and for long hours, yet poorly paid.
- The dominance of the economy by the Asian and white settlers. The Africans were not allowed to take part in meaningful business, were not given positive consideration in awarding jobs.
- They also wanted to be exposed to the social services e.g. education. The white settlers frustrated the African efforts to set up schools even the few educated Africans were not employed in the civil service..
- Africans feared a gradual destruction of their culture by the whites e.g. the missionaries were totally against the circumcision of women among the Kikuyu and the traditional view of twins.
- Africans wanted a fair share in the administration of their country (Parliament). For a long time many Kenyans were excluded from decision making and political participation the whites and Asians in the Legislative Council did not represent their interests.
- The return of Jomo Kenyatta in the 1950s’ after his studies in Europe, he came back with a wider vision to convince the Kenyans about their rights and they therefore united and rebelled.
- The role of educated Kenyans who aware of their rights as citizens and in turn educated the rest about their place in society. This prompted them to rebel against the whites.
- The colonial policy discouraged Africans from growing cash crops like coffee, tea, cotton, pyrethrum for fear of competition with the Africans who would grow rich and challenge the colonial administration.
- Forced labour. Africans were obliged by colonial law to offer labour on the plantation this was to be done forcefully without offering any payments. This kind of new slavery inspired the occurrence of the Mau Mau rebellion.
- Influence of the Second World War. Many Kenyans who participated in this war discovered the weakness of the white man and the loopholes in their systems of administration. These included General China, Dedan Kimathi among others who also acquired good military skills.
- The move was a quest for constitutional reforms in Kenya. African political parties had been banned with impunity and their leaders like Harry Thuku, Muindi Mbingu and Mwambichi detained.
- They were protesting colonial brutality especially the mistreatment of Africans on the white farms. Many Africans were killed at the slightest excuse like in the case of the upland Bacon Factory Massacre in September 1947.
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Problems caused by presence of women in forests during mau mau wars.
- Some women could not withstand the harsh forest conditions of torrential rains and bitter cold and constantly fell sick
- Many women could not defend themselves against enemies and were therefore a burden to men.
- Women would be extra mouths to feed, but would do very little useful things in return.
- Occasionally, women could cause tension and conflict among male guerillas as the men competed for sexual favours from the small number of women.
CONSTITUTIONAL CHANGES LEADING TO INDEPENDENCE.
African representation to the Legco.
By 1948, there were four Africans in the LegCo compared to 11 Europeans, 5 Asians and 2 Arabs.
Various commission reports made significant pointers to the fact that the British government had realized the need to involve Africans in the administration and need to reduce settler influence. For example;
- The Report of the East African Royal Commission of 1955 proposed;
- An end of racial segregation.
- Increased involvement of Africans in the colonial administration
- Opening of the Kenya Highlands to all races.
- The Swynnerton Plan of 1954 proposed the consolidation and registration of African land with a view to having better land management.
- The report on African wages and the Lidbury Commission on Civil Service recommended better pay for African workers.
The Lyttelton Constitution.
- A multi- racial Council of Ministers to replace the executive council, which would include one African (B.A. Ohanga, minister for community development and African affairs), two Asians and three Europeans. For the first time, Africans were represented with members with executive powers.
- Lifting the ban on African political Associations. This was done in 1955 though only Africans were allowed to form local (district –based) political organizations. Tom Mboya formed the Nairobi People’s convention Party while D. Mwanyumba formed the Taita African Democratic Union. John Kebaso formed the Abagusii Association, Argwings Kodhek formed the Kenya National Congress and John Keen the Maasai Front.
- Africans were able to take part in elections of 1957. /it proposed multi-racial elections. However, other than race-pegged rules for participation in the 1956/57 elections, Voting qualification for Africans were based on income, property and education
- Proposed direct representation of Africans in the LEGCO. In march 1957, the African elections to the Legco were held and Tom Mboya(Nairobi), Masinde Muliro( Northern Nyanza), Oginga Odinga(Central Nyanza), Lawrence Ogunda(south Nyanza), Ronald Ngala( Coast ), Daniel Arap Moi( Rift Valley), James Miumi(Ukambani) and Bernard Mate (central) were elected.
Demands of AEMO after formation.
- They contested the fewer African positions in the LegCo by condemning the Lyttelton constitution. While elected members were 29, nominated members were 30, majority of who were Europeans.
- They protested the rigid voter qualification requirements imposed on Africans and demanded that every African of 21 years and above be allowed to vote, regardless of education or income.
- They demanded that registration of voters be done on a common roll.
- They called for the end of a State of Emergency.
Role played by AEMO in the struggle for independence up to 1963.
- They formed pressure groups to demand for greater political rights for Africans. e.g., formation of AEMO.
- They formed the core team, which pressurized for independence.
- They made known the grievances of Africans in International Fora.
- They networked with other African nationalists elsewhere e.g. in Ghana and Nigeria to hasten achievement of independence in Kenya.
- They fought for the release of detained nationalists e.g. Kenyatta.
- They formed he national political parties e.g. KANU and KADU, which led the country to independence.
- They educated and created awareness among the masses about the nationalists struggle.
- They took part in the formulation of the independence constitution.
The Lennox-Boyd Constitution.
- An increase by six LegCo Seats for Africans to bring their total representation to 14 seats.
- A special membership in the LegCo, with four members from each race, who were to elected by other members of the LegCo.
- An increase of the number of African ministers to two.
Acted of Betrayal became evident among Africans when Musa Amalemba and Wanyutu Waweru accepted the special seats appointment and even Amalemba went ahead to appointed the second African Minister for Housing in 1958.
Other developments in 1959 included;
- The White moderates led by Michael Blundell (who resigned as minister of agriculture) formed the New Party of Kenya (NPK). He was backed by 46 non-African members of the LegCo for his ideas of multi-racialism.
- The white extremists led by Captain Briggs formed the United Party (UP) demanding for the abolishing of the LegCo and replacing it with regional assemblies. This was aimed at preserving the white highlands as one regional assembly for European benefits.
- Increased divisions on AEMO between radicals and moderates .Ngala, Moi, Mate, Towett and Nyagah resigned from AEMO to form the Kenya National Party (KNP) advocating multi-racialism. This party was interestingly joined by all Arab and Asian members.
- The radicals led by Mboya, Odinga and Gikonyo Kiano formed the Kenya Independent Movement (KIM) that was exclusively for African membership. They demanded convening of a full constitutional conference to discuss Kenya’s future and release of Jomo Kenyatta.
The Lancaster House Conferences.
The First Lancaster House Conference (1960)
The conference came up with the following compromise decisions;
- The 12 elective seats In the LegCo would remain intact.
- There were to 33 open seats in the LegCo, which were to be vied for on a common roll.
- Another 20 seats would be reserved – 10 of these for Europeans, 8 for Asians and 2 for Arabs.
- The composition of the Council of Ministers was to be altered to incorporate 4 Africans, 3 Europeans and 1 Asian.
- The conference authorized the formation of countrywide political parties for Africans. KANU and KANU were formed.
- Ronald Ngala- Minister for Labour, Social Security and Adult Education.
- Julius Gikonyo Kiano- Minister for Commerce and Industry.
- Musa Amalemba- Minister for Housing, Common Services, Probation and Approved Schools.
- James Nzaui Miumi- Minister for Health and Welfare.
- The Kalenjin Political Alliance of Taita Towett.
- The Coast African Political Union of Ronald Ngala.
- The Kenya African People’s Party of Masinde Muliro.
When Kenyatta came on 21st August 1961, Kariuki Njiiri offered his Murang’a seat to Kenyatta to enable him join LegCo.
The second Lancaster conference (1962)
KANU delegation was led by Jomo Kenyatta while Ngala led the KADU group. KANU conceded many KADU grounds to enable success of the negotiations.
Main provisions of the independence constitution of Kenya.
- The independence constitution provided for a regional/majimbo government with each region having a regional assembly and president
- It also provided for a bicameral parliament consisting of the senate and the house of representatives/upper house and lower house.
- The constitution stipulated that the Prime Minister was to be head of Government and Queen the Head of State, represented by the Governor General.
- The constitution recommended a multiparty system of government and the party with the majority of seats forming the government.
- It contained the Bill of Rights, which protected the individual’s rights.
On 12 December, Kenya attained full independence. On 12th December 1964, Kenya became a republic with Kenyatta becoming an executive president.
THE CONSTRUCTION OF EAST AFRICAN RAILWAY
Numerous feeder lines were later laid down as follows;
The Nairobi –Thika Branch(1914), Konza – Magadi (1915), Voi- Moshi(1918), Rongai- Solai (1925), Eldoret-Kitale(1926), Eldoret- Jinja (1927), Gilgil-Nyahururu(1929), Thika- Nanyuki(1930) and Kisumu – Butere(1930)
In 1948, the Kenya Uganda Railway had been linked with the Tanganyika network to become the East African Railways.
Problems experienced during the construction of the Uganda railway.
- a) There was insufficient labour since African labour force was not forthcoming. In the case of the Akamba and the Maasai, they were forcefully recruited.
- b) The climate of the interior was not suitable for the European labour force. The Europeans constantly fell ill, thus interfering with construction progress.
- c) The Arab rebellion under Mbaruk Rashid between 1895 –96 at the coast delayed the railway construction.
- d) There was an additional expense of constructing special jetties since Mombasa port was not large enough.
- e) The Man-eaters of Tsavo created danger and havoc to the construction works.
- f) The rift valley terrain was difficult. It was rugged with many hills and escarpments thus causing difficulties in construction.
- g) Hostility of some Kenyan communities to intruders e.g. the Nandi who vandalized the railway and telegraph lines.
- h) Insufficient building material since most of them came from Europe and their delivery often delayed,
- It led to development of European settler farming in order to make the railway pay for its construction.
- There was rampant land alienation. The colonial government alienated African land for railway construction forcing communities like the Maasai and Nandi to move into reserves.
- There was rise of wage labour for the railway and later for the settler farmers.
- It led to growth of urban centres along the railway line e.g. Nairobi.
- Railway construction promoted economic growth of the East African region. This is because farm produce and other commercial products could easily reach market.
- It led to rise of large Asian settlement since many Indians were employed as railway workers. This Asians boosted trade in east Africa.
- It led to development of other forms of infrastructure like the roads and telecommunication lines. This stimulated trade development.
- It led to transfer of the administrative capital from Mombasa in 1905 to Nairobi.
- When the railway reached Kisumu in 1902, it led to major changes to the administrative boundaries within East African region. Initially, the western region up to Naivasha was part of Uganda.
- The railway became a major revenue source for the colonial authorities.
- It facilitated the establishment of colonial rule in Kenya since it was possible for rapid movement of troops.
- It facilitated the cultural and social interaction among the different races.
- The railway made rural-urban migration and the resultant enterprises such as hawking and charcoal –selling possible.
- Other forms of transport and communication developed and expanded along the railway line. For example roads and telecommunications.
- Christian missionaries were able to move into the interior, where they established mission schools.
SETTLER FARMING AND COLONIAL LAND POLICIES
The administration did this by;
- a) providing efficient railway transport connecting the coast and the interior
- b) Alienating of the white highlands for European settlement.
- c) advertising the availability of free land in foreign newspapers
- d) giving loan incentives
- e) providing security
Why the colonial government encouraged white settlement in Kenya.
The reasons why the colonial administration led by Sir Charles Eliot (1900- 1904) and later Sir Edward Northey encouraged settler farming in the white highlands were;
- They hoped that settler farming would meet the cost of administration and railway maintenance.
- The British industries were also in need of cheaper raw Materials in an increasingly competitive European Market. These raw materials would be cheaply produced by the settlers.
- The settlers would also help control the prevailing Asian immigration and influence in Kenya.
- The colonial government wanted to make Kenya a white man’s country by encouraging white settlers to form the backbone of the economy.
- Kenya Highlands had cool wet climate and fertile volcanic soils suitable for European settlement and agriculture.
- There was need to get rid of social misfits in Europe and the landless who would be offered avenues in the Kenya colony.
- Existence of already willing entrepreneurs lake Lord Delamere and Captain Grogan who were ready to come to Kenya and engage in profitable agriculture.
- a) The land policies availed cheap African labour to settler farmers. The alienation of African land and Creation of African reserves forced Africans to work in the settler farms.
- b) Africans in Kenya were not allowed to grow some cash crops in order to enable Europeans continue getting cheap African labour for their farms.
- c) The government built and maintained various forms of transport. For example the railway, Bridges and roads which facilitated faster movement of produce and inputs.
- d) The government Reduced freight charges in the importation and exportation of agricultural inputs and products.
- e) The government encouraged formation of cooperatives to help in the processing and marketing of produce.
- f) The establishment of financial institutions such as Agricultural Finance Corporation and Banks provided the settlers with credit facilities.
- g) The government availed extension services for crops and animal farming through the establishment of the Department of Agriculture and research stations to improve the quality of crops and animals.
- h) Trade tariffs were also removed and settlers were granted concessions.
- Inadequate labour as Africans refused to work. Bush clearance and preparation of land for cultivation was therefore a problem.
- Constant raids by the local inhabitants such as the Nandi, Maasai and Agikuyu threatened their peace and security. Some communities even raided their dairy farms for cattle.
- Some of the settlers lacked faring experience. Some of the settlers had not engaged in farming before and therefore lacked basic agricultural knowledge.
- Inadequate capital often hindered procurement of farm inputs. Machinery, labour. Some settlers became bankrupt and could not meet the day to day operational costs on the farms.
- Lack of proper knowledge on farming seasons hence crop failure. The climate and soils in the colony were alien to the settlers.
- There was the problem of poor transport and communication as it had become difficult for the government to network all areas occupied by settlers with roads and communication lines.
- Inadequate and unreliable market for their produce. They mainly relied on foreign market which could not serve in the case of perishable commodities.
- Pests and diseases were prevalent in the white highlands. The settlers were assailed by various human, animal and crop disease.
Settler Crop cultivation
Coffee was first introduced by the Roman Catholic Fathers of St. Austin’s Mission near Nairobi in 1889. It required plenty of farm inputs in terms of chemicals and labour. therefore was a preserve of wealthy European settlers.
Coffee Planters Corporation was founded in 1908 by Lord Delamere’s Efforts, and led to the spread in the growing of coffee. By 1913, coffee had become the leading cash crop in Kenya grown mainly in Murang’a, Thika and Kiambu. Africans were unfortunately not allowed to grow coffee until 1937
Reasons why Africans in Kenya were not allowed to grow coffee before 1937.
- a) Europeans wanted to continue getting cheap African labour for their farms. This could not be available if Africans were allowed to earn some money through growing of coffee.
- b) European settlers did not want to compete with Africans in coffee growing. They feared that it would limit market for their produce.
- c) The settlers claimed that Africans did not have knowledge of growing coffee. They claimed that African participation in cash crop growing would lead to low quality products.
- d) They feared that diseases would spread from African farms to settler plantations.
- e) European settlers claimed that African farmers would produce low quality coffee due to inadequate resources.
It was introduced in Kenya in 1903 by Lord Delamere who experimented on his Njoro farm. It was however until 1912, when a more resistant variety was developed, that wheat growing took root in Kenya.
In 1908, Lord Delamere set up Unga Ltd which boosted wheat farming in Kenya. It was grown in the Nakuru and Uasin Gishu areas.
Like coffee, wheat farming was the preserve of wealthy European settlers from Australia, Canada, Britain and South Africa. Africans began to grow wheat only after independence.
It was introduced in Kenya from Tanganyika in 1893 by Richard Hindorf, a german Doctor. Initially, it was cultivated around Thika in 1904. By 1920, it had become the second –largest income-earning crop after coffee.
The main sisal growing areas included Baringo, Koibatek, Ol Donyo Sabuk, Ruiru, Thika, Voi, Taita and Taveta.
Africans began growing coffee in 1964 though its growth declined due to the completion it faced from synthetic fibre.
Tea was introduced in Kenya in 1903 around Limuru by Messrs Caine Brothers. It was until 1925 when tea began being grown successful with large tea estates being established by tea companies like Brooke Bond and Africa Highland from India.
The main tea growing areas were Nandi, Kericho, Sotik, Nakuru, Murang’a and Kiambu.
Lord Delamere carried out many experiments in sheep and cattle rearing at his Equator Ranch in Njoro though the Maasai raids in his farm and cattle diseases frustrated his efforts.
After cross-breeding exotic types with local stock, he came up with more resistant variety The government also set up an experimental livestock farm in Naivasha.
In 1925, the Kenya Cooperative Creameries was established due to Delamere’s efforts. Later, the Uplands Bacon Factory was established near Limuru to promote pig rearing. In 1930, the Kenya Farmers Association (KFA) was established
Colonial land policies in Kenya.
- The Indian Acquisition Act (1896). it empowered the authorities to take over land for the railway, government construction and public utilities.
- The Land Regulations Act (1897). It allowed the government to offer a certificate of occupation and a lease of 99 years. This Act encouraged settlers to take up land left vacant by the Agikuyu due to drought and famine.
- The East African Land Order in Council (1901). It defined crown land as all public land which was not private. The government could take up any land at will, sell it or lease it for use by settlers.
- The Crown Land Ordinance (1902). It allowed the government to sell or lease crown land to Europeans at 2 rupees per 100 acres or rent at 15 rupees per 100 acres annually.
- The Maasai Agreement (1904). It led to creation of the Ngong and Laikipia reserves while the settlers took up Maasai land for livestock farming. For example Lord Delamere in Nakuru.
- The Elgin Pledge of 1906. The government through the British Secretary of State, Lord Elgin confirmed that the Highlands were reserved for settlers. This barred the Asian attempts to buy land in the highlands.
- The second Maasai Agreement of 1911. The Maasai were pushed out of the fertile Laikipia reserve to pave way for more European settlement and large scale farming.
- The Crown Land Ordinance (1915). This provided for land –registration scheme for settlers. It defined crown land as land occupied by and reserved for Africans who could be evicted any time. Farm sizes wee increased from 5,000 to 7,500 acres.
- The Kenya Annexation Order in Council (1920). It announced that Africans were tenants of the crown even in the reserves.
- The Land Commission (1924). It fixed boundaries of the reserves, which were later legalized in 1926.
- The Native Trust Ordinance (1930). It stated that African reserves belonged t the Africans permanently.
- The Carter Commission (1932). It fixed the boundaries of the white highlands, leading to population pressure in the African reserves. All Africans were removed from the highlands into the reserves.
- The Kenya Highlands Order in Council (1939). It fixed boundaries of the white highlands and reserved them permanently and exclusively for Europeans.
- The displaced Africans were confined to native reserves thus leading to congestion/overuse of land. By 1914, settlers like Lord Delamere and Captain Crogan owned 100,000 and 220,000 acres of land, respectively, at the expense of African congestion in the reserves.
- Africans who lost their land became poor. Many Africans became squatters and lived in misery and hopelessness.
- The situation in the reserves and the landlessness forced to supply labour in settler farms for wages in order to pay taxes.
- The displaced Africans moved to towns looking for employment. Their movement to towns led to growth of urban centres.
- The traditional socio-economic set-up of the Africans was disrupted. Communities could no longer migrate in search of better lands and pasture. Family roles changed as women increasingly took over headship of families while men sought for paid employment.
- The large European farms suffered acute shortage of labour as many Africans were unwilling to work on them.
- It led to the introduction of the Kipande System enforced by the Native Registration Ordinances of 1915 and 1920, to prevent the African labourers from deserting their duties on European farms.
- Taxes were imposed on Africans and were to be paid only in monetary form. This was meant to compel Africans seek for wage employment.
- The reserving of the highlands for the whites only denied Indians access to agricultural land, compelling them to resort to businesses and residences in urban areas.
- Loss of land led to bitterness and made Africans later to form political organizations to demand for their land/spread of nation
THE DEVONSHIRE WHITE PAPER.
- Abandonment of Racial segregation policy in Kenya except in the highlands.
- Allowing Asians to elect four members to the Legco, which was initially settler-dominated. This however was not done until 1933.
The fundamental set of principles that were issued in this meeting are what came to be known as the Devonshire White Paper.
Factors that led to the issuing of the Devonshire white paper.
- The influence of “The Dual Mandate”. This was a book of the League of Nations that had regulations concerning colonial mandates. Britain was committed to the principle of trusteeship whereby she was interested on its African population than European settlement
- The rise of race conflicts i.e. Africans versus European dominion and European versus Asian conflicts. The Indians were opposed to the privileged position of European settlers.
- The banning of racial segregation .The decision by the colonial government to ban racial segregation apart from the white highlands only, disappointed the settlers who wanted the ban lifted hence they sent a delegation to London to see the colonial secretary.
- The African general resentment. Their resentment was on land alienation, forced labour, taxation system, kipande system, low wages and no political representation.
- White highlands were reserved for European settlement only
- Indians would be allowed to elect five members to LEGCO not on a common roll, but on a communal roll.
- Racial segregation was abolished in all residential areas.
- Restriction on Indian immigration was lifted
- A nominated missionary was to represent African interests in the LEGCO.
- The European Settlers’ demand for self government in Kenya was rejected.
- African interests were declared paramount before those of immigrant races if there was a conflict.
- The settlers were to maintain their representation in the LEGCO.
- The Colonial Secretary was given mandate to exercise strict control over the affairs of the colony.
The issuance of the paper left the Settlers, Asians and Africans more dissatisfied than ever before as follows;
On the part of the settlers;
- The Indian call for equality, to them, was unrealistic since they could not stomach the mixing of Oriental and Western cultures in Kenya.
- Since European culture was superior, they felt that racial segregation was justified in all spheres.
- To the settlers, instead of giving in the Indians’ grievances, they would rather give in to African demands since they had moral rights to protect African interests.
- To them, the white highlands were primarily theirs and they had a legal claim over them. On the Asian part;
- They wanted equality of all races instead of settler dominance in Kenya especially pertaining to settlement in the white highlands.
- They opposed policies on residential segregation and restriction on their immigration. The government was inviting more settlers to check Indian immigration into Kenya by this time.
- They wanted direct and adequate representation in the Legco based on a common roll free election (not communal roll).
- They wanted equality of all races instead of settler dominance in Kenya especially pertaining to settlement in the white highlands.
- They objected separate taxation for Europeans and Indians and segregated education. The Devonshire White paper was therefore viewed as the product of the struggle between the Asians and the Europeans. The paper made the Asians join their African comrades in the struggle for freedom, especially in the trade Union Movement.
Results of the Devonshire white paper.
- The Devonshire white paper saved Kenya from becoming another Rhodesia or South Africa. The European demand for self-government was rejected.
- In theory, settler’s dominance was weakened but in practice, the white paper upheld the dominance of the settlers more than that of the Africans e.g. segregation in residential areas in towns continued, they dominated the economy because they retained the white highlands.
- The paper did not satisfy the Asians since they did not gain access to the white highlands.
- Although many Asians came to Kenya, the Asians did not achieve equality with Europeans through a Common Roll. The Indian congress refused to cooperate with the government; they declined to hold elections for the Legislative Council seats offered to them. No Asian seats, five in all were occupied until 1933.
- Africans were to be represented by a nominated missionary, John Arthur, instead of representation by an African. For the first time, Africans were represented in the Legco.
- The Devonshire White Paper Benefited the Africans by declaring/recognizing Kenya as an African country where African interests should be paramount
- It failed to resolve African land and labour grievances.
- It sensitized the Africans on their plight leading to formation of political parties.
Factors which led to the establishment of urban centres in Kenya during the colonial period.
- Development of transport network. Construction of roads and the Uganda railway led to growth of some towns as transport terminus or along the transport lines e.g. Nairobi, Voi, Nakuru and Kisumu.
- Growth of trade in the interior of Kenya. Most towns began as trading centres for Indian commercial entrepreneurs. E.g Machakos, Nakuru, Kisumu, Nairobi and Voi.
- Development of administrative posts. The colonial government established administrative posts in various parts of the country. These posts later grew into urban centres. E.g Fort Hall, Embu, Kapsabet, Meru and Garissa.
- Rural-urban migration. The movement to urban areas by African labourers from various parts of the country led to further growth of urban centres.
- Development of agriculture. Settler farming led to growth of towns like Eldoret which began as agricultural collection centres.
- Development of Agro-based industries like flour mills, meat-processing plants and sawmills which attracted labourers from all parts of the country to be transformed into urban centres.
- Development of mining activities. This stimulated development of industries in the mining areas leading to urban growth. E.g. Kakamega, Athi River and Magadi.
- The Urban centres had recreational facilities and social amenities which attracted the Africans, fed up with hardship conditions in the reserves.
- The Africans expected Job opportunities with better wages in the towns where there were industries as compared to the rural areas.
- Some Africans were escaping from forced labour and taxation.
- The African entrepreneurs wanted to take advantage of the wider markets in the towns to escape poverty in the crowded reserves.
- a) Taking headcount of those who were supposed to live in urban centres
- b) Enacting strict rules about migration into urban centre
- c) Creation of African reserves
- d) Ensuring that only those who had specific activities to undertake in the urban centres lived there
- e) Introduction of kipande system.
- It promoted interaction between people of diverse ethnic and racial backgrounds, who exchanged ideas and experiences. The centres became seedbeds of political activities that eventually culminated into the struggle for independence.
- Urbanization promoted national integration and instilled a sense of nationhood among Kenyans as it watered down the differences and prejudices between communities.
- The welfare associations formed by Africans in urban areas, like the Bara Association in Mombasa for all hinterland people, united them for a common cause by lessening ethnic hostilities.
- Through sporting and cultural activities that took place in towns, relationships between different ethnic groups and races were cemented.
- Many Africans benefited from the numerous employment opportunities as shoe shiners and repairers, charcoal sellers, hawking in industries and in European homes.
- Due to the Abundance of labour and raw materials, industries in urban areas expanded further.
- There were inadequate housing facilities to meet the demands of the people. This led to overcrowding especially in slums/shanties led to the outbreak of diseases. Lack of planning of housing led to poor drainage and sanitation facilities.
- Africans in urban areas were subjected to racial discrimination. The social services provided to the Africans were inadequate and of poor quality. Even houses in towns were occupied according to the various racial groups, with Europeans enjoying the best facilities.
- Increased population in urban centres led to serious water shortages.
- Establishment of industries in urban centres led to pollution of the environment, which affected the health of the inhabitants.
- There was rampant unemployment as urban centres could not cope with the large influx of labourers and increased competition for the available jobs.
- Many unemployed people in urban areas got involved in social vices / crimes such as drug abuse, alcoholism and promiscuity, due to desperation and poverty.
- Africans working in urban centres received low wages with employers taking advantage of the high supply of labour, which affected their standards of living.
- The mass rural-urban migration brought about intensification of migration regulations to control the numbers of African migrants. The Kipande system became stricter.
- Economic activities in the rural areas were disrupted by the absence of men who had moved to urban areas. Women took up men’s roles.
EDUCATION AND HEALTH
- Formal education in colonial Kenya was provided by four groups;
- The Christian Missionaries.
- The Colonial government through local councils.
- The Africans themselves.
- Community organizations(Asians)
Initially, the provision of education was the preserve of the missionaries. For example, the Church Missionary Society (CMS) pioneered by setting up a school at Rabai in 1844 and another in Mombasa in 1873.
Features of Missionary education
- It was elementary. The subjects taught included religion, writing, reading, reading, hygiene and arithmetic.
- It was industrial and technical in approach, aiming at training Africans to be carpenters, masons, agricultural assistants and shoe repairers.
- It was denominational and aimed at inculcating doctrines of a particular church in the learners.
- To impart in the Africans Agricultural Skills in order to promote settler farming.
- To give the Africans basic technical skills to improve their industrial knowledge.
- To train some Africans as Catechists to enhance the spread of Christianity.
- To offer Africans basic literacy and numeracy to read the bible and do simple arithmetic. Education development in Kenya in the period between 1904 and 1963 was facilitated by the following factors;
- The WWI ex-soldiers experiences which convinced them of the advantage of higher education.
- Increase in African nationalism that demanded for better education for Africans.
- The need to produce better and more skilled manpower for the future independent Kenya.
- Primary education had produced qualified children who needed higher education.
In 1918, the education commission made the following far-reaching recommendations to the government in line with the Fraser Commission report of 1908 which had recommended a racially –segregated system of education;
- a) Provision of technical education to Africans.
- b) Maintenance of racially segregated Schools.
- c) More cooperation between the colonial government and the missionaries.
- d) Appeals for grants-in-aid for mission schools.
- a) That there should be a uniform system of education in all government and missionary schools.
- b) That sufficient training for teachers and related personnel should be enhanced by establishing colleges.
- c) That schools should be built in the rural areas. This was done through the education ordinance of 1924.
The 1924 Education Ordinance created an advisory committee on African education. The representation to the committee was missionaries, colonial officials and settlers. The same year, more schools were built with the assistance of the newly formed Local Native Councils. In 1931, another Education Ordinance helped in the establishment of Kakamega GAS In 1932, Kisii GAS in 1934, and Kabianga. Finance for African education was to come from the colonial government.
From 1925, the missionaries began providing advanced level education to Africans. Initially secondary education was the preserve of the Europeans.
In 1926, the Alliance of protestant missionaries set up Alliance High School. Catholics established Kabaa in 1927 and Mang’u School in Thika in 1930 for Africans. In 1938 and 1939,
Maseno and St. Mary’s Yala were started as secondary schools.
Achievements of missionaries in provision of education.
- They designed a curriculum with emphasis on agriculture, tailoring, masonry and carpentry.
- They established the first secondary schools for Africans such as Alliance (1926), Kabaa (1927), Maseno (1938 and Yala (1939).
- They trained African teachers to man the ‘Bush Schools’ (schools found in remote areas consisting of mud huts with grass-thatched roofs) and teach in independent schools.
- They offered the necessary financial and material support to make these schools operational.
Schools for Indians include the Asian Railway School (1904) and other schools developed by the government in Mombasa and Nairobi. Also community-based schools like Allidina Visram and the Arya Samaj Foundation. Hospital School became the first multi-racial school in 1953.
In 1934, a District Education Board was created to plan education in districts, establish primary schools and manage the schools.
In 1949, the Beecher Committee was instituted to look into African education From 1961, Asian and African pupils begun to join European schools.
Provision of elementary education by Africans was pioneered by John Owalo of the Nomiya Luo Mission in 1910.
Africans in Kenya got opportunity for university education at Makerere which was established in 1922 initially as a technical college and became an affiliate of the university of London on 1949.
In 1954, the Royal Technical College, Nairobi began to offer higher education and became an affiliate of the university of London in 1959 to offer the first degree courses in 1961 when it became known as the royal college.
Community based education.
This was done mainly by Asian families of Ismaili and Arya Samaj for the Indian traders in urban areas. Allidina Visram, A wealthy man, also established centres of higher education.
African Role in educational provision.
Africans began their own schools for the following reasons;
- They wanted to protect certain cultural practices like feral circumcision and polygamy.
- They wanted to access higher education, since the government and missionaries were only offering them technical and industrial education, so that to be able to compete for the white-collar jobs with other races.
- They would also use the schools as a forum to air their grievances and to create political awareness in their community.
In 1934, the Kikuyu Independent Schools Association (KISA) and the Kikuyu Karinga Education Association founded more schools
In 1938, Githunguri Teacher Training College had been established under Mbiyu Koinange.
Initially, just like in the case of education, the Christian missionaries were concerned with provision of health services in colonial Kenya. The colonial government was majorly concerned with eradication of plague, malaria and sleeping disease which the Pioneer European settlers suffered from. Preventive medicine was later introduced to help stop various infections of killer diseases.
The Church of Scotland Mission and the Church Missionary Society soon opened medical facilities in Kikuyu (1902), Kaimosi (1903), Kaloleni (1904) and Maseno (1905).
Dr, Arthur, a missionary and pioneer doctor, put up the Thogoto Mission Hospital in 1907 and the facility exists prominently up to today as the Kikuyu Eye Unit Hospital and Kikuyu Rehabilitation Centre.
Objectives of the Health centres.
- To eradicate diseases such as smallpox, malaria and sleeping sickness.
- To train medical personnel to handle western medicine.
- To improve health and hygiene for Africans and Asians in towns where they lived in overcrowded areas lacking in sanitary facilities.
After the opening of the Alliance medical college in 1920 and the establishment of a Medical training centre under the Nurses and Midwives Ordinance many African school leavers trained as laboratory and pharmacy assistants.
A Public Health Ordinance was passed in 1921 giving the Medical Department powers to institute measures for the control of malaria and prevent communicable diseases. As a follow up to the 1921 Ordinance, new health units were established in the four different African reserves.
The Rural Dispensary System was established to supplement the missionary efforts in provision of healthcare. Health centres were built in rural areas as part of the colonial government efforts to improve health facilities.
After 1945, the Development and Research Authority (DARA) gave 47,000 sterling pounds for health care and improvement of health services.
In 1949, the Bureau of Medical Research was set up as an agency of the East African High Commission.
In 1950 King George IV hospital (today the Kenyatta National Hospital) was started as a hospital for Africans and in 1951, it started training female nurses. By 1962, there were over 100 rural health centres in the country.
Role of Africans in Health Provision.
Africans were more preoccupied with superstitions and over-reliance on traditional medicine which negated their participation in provision healthcare.
The traditional medicinemen were dismissed by missionaries despite their wealthy knowledge on herbal Medicine. Today, many people rely on traditional herbalists to compliment healthcare provision.
Chapter 13 Social
Chapter 15: Democracy And Human Rights
Chapter 16: European Invasion And The Process Of Colonization Of Africa
CHAPTER 17: ESTABLISHMENT OF COLONIAL RULE IN KENYA.
CHAPTER 18: COLONIAL ADMINISTRATION
CHAPTER 1: INTRODUCTION TO HISTORY AND GOVERNMENT
CHAPTER 20: Political Developments And Struggle For Independence In Kenya (1919-1963)
CHAPTER 21: Rise Of African Nationalism
CHAPTER 22: EMERGENCE AND GROWTH OF NATIONALISM IN AFRICA
CHAPTER 23: The Formation
CHAPTER 24: WORLD WARS
Chapter 25: International Relations
Chapter 26: Co-Operation In Africa
Chapter 27: National Philosophies (Kenya)
Chapter 28: Social
Chapter 32: The Electoral Process And Functions Of Governments In Other Parts Of The World
Christian Missionaries In East Africa
Contacts Between East Africa And The Outside World Up To The 19th Century
Development Of Industry
Dev. Of Early Agriculture
Economic And Political Developments And Challenges In Africa Since Independence
ECONOMIC AND POLITICAL DEVELOPMENTS AND CHALLENGES IN KENYA SINCE INDEPENDENCE
European Invasion Of Africa
Form 3 Level
HISTORY FORM 1 TOPICS
LIVES AND CONTRIBUTIONS OF KENYAN LEADERS
Local Authorities In Kenya
MULTI-PARTY DEMOCRACY IN KENYA SINCE 1991
ORGANIZATION OF AFRICAN UNITY (OAU)
Pre-Colonial East Africa
PUBLIC REVENUE AND EXPENDITURE IN KENYA
Structure And Functions Of The Government Of Kenya
THE AFRICAN UNION
THE COMMON MARKETS FOR EASTERN AND SOUTHERN AFRICA
THE EAST AFRICAN COMMUNITY
THE NON-ALIGNED MOVEMENT
THE PAN-AFRICAN CONGRESSES (1900-1945)
THE PEOPLES OF KENYA UP TO THE 19TH CENTURY
THE SECOND WORLD WAR
WORLD WAR 1 CONTINUED....