KCSE History and Government Notes

SOCIAL, ECONOMIC AND POLITICAL DEVELOPMENT AND CHALLENGES IN THE DEMOCRATIC REPUBLIC OF CONGO (DRC) SINCE INDEPENDENCE - KCSE HISTORY NOTES

Specific Objectives

By the end of the topic, the learner should be able to:

Discuss the political, social and economic developments in The Democratic Republic of Congo (DRC) since independence

Table of Content

Political Developments in Democratic Republic Of Congo since Independence
Economic Developments in DRC since Independence
Social Developments and Challenges in DRC since Independence.
Political Challenges That the Democratic Republic Of Congo Has Faced Since Independence.
Economic Challenges That Democratic Republic of Congo (D.R.C) Faced In 1970’s.

Works Cited

Political developments in Democratic Republic of Congo since independence

The Belgians relinquished their political dominion of Congo by granting them autonomy on 30th June 1960 Patrice Lumumba (Prime Minister) of Congolese National Movement Party and Joseph Kasavubu of Abako Party (Head of State) formed a fragile coalition government. The two leaders differed ideologically.

The period between 1960 and 196 witnessed power struggle between Kasavubu and Lumumba on one side and Secessionist Moise Tsombe of Katanga and Albert Kalonji of Kasai on the other side

In 1961, Patrice Lumumba was assassinated. This led to withdrawal of his supporters from government.

In 1961, the UN Secretary General Dag Hammarskjöld perished in a plane crash in the Congo while attempting to bring a peaceful political solution to the Congo crisis.

In 1964, a new constitution was formulated as a way of solving the political problems that plagued Zaire soon after independence. Zaire became a federal state with a federal president and separate assemblies for each state.

On 23rd November 1965, Joseph Desire Mobutu organized a bloodless military coup, which removed the civilian government of president Kasavubu and Prime Minister Sylvester Kimba.

In November 1965, Mobutu took over power after a bloodless coup.

In the same year, , Mobutu banned all political parties. He suspended the constitution and parliament. He abolished the federal system and local assemblies and reduced the number of provinces to eight.

In 1967, He formed the Peoples’ Revolution Movement (MPR), which became the only legal party in Congo. He in effect-replaced democracy with one-party dictatorship leaned to the west during the cold war.

1n 1970, Mobutu declared himself the life president of Congo, after winning the presidential election.

In 1971, he outlawed the use of European names for people, places and physical features as a way of removing colonial legacy. The country was renamed Zaire. His own name changed to Mobutu Sese Seko. Leopoldville was renamed Kinshasa.

In 1973, Mobutu announced the nationalization of all foreign enterprises.

In 1977-1978, the Shaba Rebellion broke out mainly after an attack by the Congolese National Liberation Front from their base in Angola. The Belgian troops were called to silence the rebels.

In 1990 and 1991, multiparty activists stepped up pressure for change. In September 1991, dissatisfied soldiers and civilians held demonstrations, which led to death of 117 people.

In 1997, Laurent Kabila successfully ousted Mobutu, assisted by Rwanda and Uganda. Mobutu fled to exile in Morocco where he died.

In January 2001, Laurent Kabila was assassinated in mysterious circumstances. His son took over power.

In April 2002, through a power–sharing agreement presided over by Thabo Mbeki and a UN envoy, Mustapha Niasse, a government of national unity was formed.

Economic developments in DRC since independence

The political chaos inn DRC up to 1965 did not favour any economic progress. During the reign of the Belgians in Congo, no viable economic development was initiated. Little development was done in infrastructure in order to facilitate transportation of raw materials to the ports of Matadi etc.

At independence, the country was faced with the problems of shortage of manpower, skills and entrepreneurship.

When Mobutu took over, there was some slight economic progress. Transport and communication improved as more roads and railway were constructed to link major towns of Matadi, Kinshasa, Lubumbashi and Kisangani. Navigation on the river Congo was improved, which led go expansion of mining and agricultural sectors.

Mining of diamonds resumed after the turbulent years and resulted in reduced inflation. Mobutu encouraged foreign investment in the mining sector.

However, the fall of world copper prices in 1970s again began to derail the economic growth in DRC.

In the 70s, the government nationalized foreign firms employed inexperienced people to control them.

In 197, Mobutu enacted a law that placed state finances and expenditure under him, thus reducing the flow of capital to the provinces.

In 1976, he encouraged mutual cooperation between private firms and the government in the extraction of minerals such as copper, oil, diamond, cobalt and manganese in a bid to create employment opportunities.

He also emphasized on diversification of the economy which greatly boosted food production.

The entertainment industry has also grown to become an invisible export through repatriation of profits back home by the foreign based musicians.

Energy supply has been increased through the construction of the Luga hydroelectric power station.

Social developments and challenges in DRC since independence.

Between 1961 and 1965, there was little improvement in the field of health and education in DRC due to constant power struggles and civil strife.

When Mobutu took over in 1965, he strived to expand schools and universities. For example, by 1970, he had established three universities. He also improved on the provision of health facilities. He banned religious education in schools

In 1971, attempted to revive indigenous culture through the Authenticity programme that involved renaming places that had foreign names
In the 1970’s, in an effort to improve the welfare of citizens, a national insurance programme was established.

Mobutu also gave prominence to music as part of the Congolese curriculum.

The independent government supported sporting activities through construction of stadium and other sporting facilities.

However, living standards in Zaire continued to fall as health services, water and sanitation continued to be inadequate.

The steady rise in population was without a commensurate growth of social services. In summary, the common challenges socially were illiteracy, extreme poverty, famine

and diseases caused by civil strife, massive unemployment, refugee problem and religious persecutions by Mobutu.

Political challenges that the democratic republic of Congo has faced since independence.

There was general lack of preparedness of the people for independence. Foreigners controlled even the army and the police.
The assassination of Patrice Lumumba in 1961, which plunged the country into the Congo crisis.
Political instability/military coup d’état. In November 1965, Mobutu organized a military coup. In 1997, Kabila ousted Mobutu
Ethnic differences/tribal clashes/civil wars, which split the country into two parts at independence. One controlled by Lumumba and another controlled by Kasavubu.
The problem of Secession. Secessionist movement of the Katanga region (Shaba) led by Tsombe and Kasai under Kilonji seceded.
Foreign interference/intrigues. Belgium constantly interfered and intervened in Zaire’s internal matters. France and Britain also began to interfere from 1977 during the cold war period.
Mutinies in the army were common.

Economic challenges that Democratic Republic Of Congo (D.R.C) faced in 1970’s.

Corruption and mismanagement of the economy. Mobutu was the richest president in the world while Zairians became the poorest people in the world.
Inflation due to power struggle and corruption. By 1980, the country’s currency was not worthy the paper on which it was printed.
There was also a problem of heavy foreign debt. The country was unable to service her debts. By 1980, Zaire had become the world’s third biggest debtor nation.
There was a standstill in the economic activities and disruption of railway transport due to civil wars in the country and neighbouring Angola.
The period also witnessed fall in world copper prices and increase in oil prices
Lack of a sound economic policy

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THE EAST AFRICAN COMMUNITY AND ECOWAS

21/8/2023

THE EAST AFRICAN COMMUNITY AND ECOWAS ORIGIN, OBJECTIVES, STRUCTURE, CHALLENGES AND ACHIEVEMENTS

Founded on 6th June 1967, it comprised of Kenya Uganda and Tanzania.
Current members include: Burundi, Kenya, Rwanda, South Sudan, the United Republic of Tanzania, and the Republic of Uganda, with its headquarters in Arusha, Tanzania.

Origin of the East African Community

Its origin can be traced back to 1902- the efforts of the British and German colonial governments’ to establish a unified administration over the East African territories. For example, the East African Court of Appeal was established in 1902, The East African Postal Union in 1911, East African Customs Union in 1917, East African Currency Board in 1920 And East African High Commission in 1948.

On 9th December 1961, the East African High Commission was replaced with the East African Common Services Organization with the headquarters in Nairobi.

The treaty to establish the East African Community was signed on 6th June 1967. The organization came into force on 1st December 1967.

Objectives of the East African Community

To maintain a common markets for the member states and promote balanced economic cooperation.
To provide common services to the three member states especially in the areas of transport and communication.
To promote political co-operation between the three countries and hence peace and security.
To facilitate the movement of the people within the region to foster greater cooperation and understanding among them.
To expand the market in a region where population and incomes are low.

Challenges that faced the East African Community up to 1977

Suspicion over perceived dominance among members. Tanzania and Uganda accused Kenya of acquiring the lion’s share of benefits from the community. Kenyan industries for example were protected more by the common external tariffs.
Personality differences. This was between individual leaders of the three countries, making it more difficult for them to hold meetings.
Ideological differences. Each of the three countries pursued different economies. Kenya followed capitalism and Tanzania socialism. Uganda had a mixed economy.
Political instability in Uganda. The coup d’état, which overthrew Milton Obote, undermined the unity that was desired for the organization. Nyerere for example refused to recognize Amin as the president of Uganda.
National pride and interests. National interests were given more priority than the regional interests were. E.g Tanzania favoured railway transport while Kenya favoured road transport.
Boundary closures .Tanzania closed its common border with Kenya in 1977, thereby halting the community activities. There was also boundary closure between Tanzania and Uganda during the war between the two in 1978.
Financial constraints resulting from failure by member states to remit funds to meet the organization’s needs.
The use of different currencies by the three nations made transaction difficult.

The Rebirth of the East African Community-2001;
Reasons that led to the rebirth of the East African Community in 1996

There was need to maintain a common market for the member states in order to promote balanced economic cooperation.
There was increasing need to provide common services to the three Member states especially in the areas of transport and communication as well as research.
There was a strong desire to promote political cooperation between the three countries in a world that was becoming a global village.
There was need to facilitate free movement of people in the region.
A greater lesson had been learnt following the great losses and costs incurred by the East African countries following the collapse of the Community in 1977.

Milestones in the Formation of the East African Community-2001

The full East African cooperation was started on March 14, 1996, when the Secretariat of the Permanent Tripartite Commission was launched at the headquarters of EAC in Arusha, Tanzania. Ambassador Francis Muthaura was appointed the first secretary general.
On 19th November 1996, the agreement for the establishment of the East African Business Council was signed in Nairobi.
On 29th April 1997, the second summit of heads of state was held in Arusha. It launched the first East African Cooperation development strategy (1997-2000).
On 30th April 1998, the ninth meeting of the Permanent Tripartite Commission in Arusha launched the treaty for the establishment of the East African Community.
On 24th November 1998, the first East African Ministerial meeting on the Lake Victoria hyacinth was held in Arusha. A regional strategy was developed for control of the lake hyacinth.
On 22nd January 1999, the third summit met in Arusha and directed the Permanent Tripartite Commission to complete the treaty –making process by 30th July 1999.
The treaty establishing the East African Community-2001 was signed on 30th November 1999 in Arusha by the three heads of state.

The structure of the New East African Community

In the november 30, 1999 treaty, the following organs were established to coordinate the activities and the direction of the community.

The Summit of Heads of State. It had the responsibility of giving direction towards realization of the goals and objectives of the community. It was the community’s supreme organ, consisting of the three heads of state with the chair being rotational.
The Council of Ministers. The main decision–making organ of the heads of governments of the member states. It comprised the designated ministers from member states.
The Coordinating Committee. Made up of permanent secretaries. It reports to the council of ministers. It coordinates the activities of the sectoral committees.
The Sectoral Committees. These are committees created by the council on recommendation of the respective coordinating committee.
The East African Legislative Assembly. It provides a democratic forum for debate. It is also a watchdog of the activities of the community. It is a 30 -member assembly whose members are drawn from the member state.
The Secretariat. Based in Arusha, it carried out the day-to-day administrative duties of the community.
The Court of justice of East Africa. This was the highest appellate court in the region.

Other autonomous institutions established by the Council include;

The East African Development Bank (EADB).
Lake Victoria Fisheries Organization (LVFO)
Inter-University Council for East Africa (IUCEA)

Challenges that have faced the EAC-2001

Suspicion still exists over perceived dominance of Kenya in the community affairs.
Despite signing the treaty in 1999, Tanzania customs are still taxing Kenyan products.
Increased cross-border smuggling. The freedom of movement within the region sometimes results in smuggling of illegal arms and spread of crime and insecurity. E.g. the smuggling of a vehicle belonging to Kenya’s Chief of Staff, General Joseph Kibwana to Tanzania in 2004.
Cattle rustling across the borders. This is common on the Kenya Uganda border with the Pokot and Karamojong attacking each other
Arrest of Kenyan fishermen on Lake Victoria by either Tanzania or Ugandan policemen/navy accusing them of fishing in their waters.
Membership to other regional bodies e.g. COMESA, SADDC. This complicates the work of the EAC.
The recent wrangles between Kenya and Uganda over ownership of Migingo Island. Although this problem was resolved by Uganda conceding Kenya’s ownership of the Island, it raised tension between the two countries.
The use of different currencies by the three nations has made transaction difficult.
Political squabbles in the individual countries slow down the progress of the community
Individual national interests have slowed down the implementation of the activities of the community the deep-seated differences between the member states over the proposed taxes on imports from countries outside the region.

Achievements of the East African Community-2001

It has boosted movement of citizens within the three member states of East Africa. An East African passport has been introduced.
It has provided a forum for the East African Leaders to discuss issues harmoniously.
It has facilitated the improvement and expansion of transport and communication networks between the three East African countries.
Tariffs for industrial goods produced in East Africa have been reduced.
Investment procedures have been eased to enable all citizens to invest more easily within the community.
It has enhanced cooperation of the civil society leading to formation of the Law Society of East Africa and the Business Council of East Africa.
The community has promoted trade among member states by encouraging citizens to conduct trade in all the countries.

THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES:
Formation of ECOWAS

This is a regional group comprising of 15 West African countries.
The treaty establishing ECOWAS was signed in Lagos, Nigeria on 28th may 1975 by Gambia, Mali, Cape Verde, Burkina Faso, Niger, Bénin, Togo, Côte d’Ivoire, Sierra Leone, Ghana, Senegal, Guinea–Bissau, Nigeria and Guinea.

Objectives of ECOWAS

To provide economic co-operation among West African states in specialized fields such as transport, communication, agriculture, trade industry etc.
To liberalize trade between member states.
To improve relations between the member states.
To improve living standards of people in the member states.
To create a customs union in the region.
To promote industrial development among member states.
To promote cultural interaction among the member states.

Organization of ECOWAS

The following are organs that were established to coordinate the activities and the direction of ECOWAS.

The Authority of Heads of State and government. The authority meets once a year, with the chair being rotational.
The Council of Ministers. It comprises the designated ministers from member states. It meets twice a year. It manages the affairs of the community.
The Tribunal. Acting as the industrial court, it was established for settling disputes arising from the community.
The Executive Secretariat. Based in Lagos, Nigeria, it carries out the day-to-day administrative duties of the community.
Specialized commissions and Agencies. E.g the Committee on industry, natural resources and Agricultural Matters, the Committee on Trade, Customs and Immigrations Matters, the Committee on Transport and Communication, the Committee on Culture and Social Affairs

Achievements of ECOWAS

The defence Act adopted by ECOWAS in 1981 provided military support to any Member state attacked by outsiders. Their defence force known as ECOMOG was instrumental in quelling civil wars in Liberia and Sierra Leone.
Economically, Member states benefit from ECOWAS. For example, Nigeria provides her oil to member states at a reduced price.
The community has enabled regular meeting of the Heads of State to tackle problems facing the region.
Socio-cultural exchanges within the West African region have promoted good relations among the people.
Improvement has been realized in transport, trade, agriculture and communication.
The organization has resolved political problems facing member states.
ECOWAS has enabled citizens of member states to move freely from one country to another through waiver of visa requirements.
There has been progress in education through the establishment of a Joint examination Syllabus for West African States.

Challenges that ECOWAS has faced in its operation

Political instability in member states. Countries like Nigeria and Ghana have witnessed Military coups. Civil wars have been fought in Sierra Leone, Liberia and Ivory Coast. These have been a hindrance to cooperation.
Nationalistic issues. Most member states give priority to their own domestic issues at the expense of the organization.
Language barrier. Countries in West Africa inherited the languages of their former colonial masters. The problem in communication has hindered the efficient operation of the organization.
Infrastructural problems. The state of roads, railway and communication linkages are poor. This has hampered economic progress of member states.
Ideological differences. The leaders of the member states view each other with suspicion and mistrust due to differences in ideologies.
Lack of uniform currency. Each country has its own currency. This creates a problem of rates of exchange thus hindering trade.
Foreign interference. The presence of Israeli and French soldiers in Cote D’Ivoire was viewed suspiciously by guinea.
Border closures. For example between Ghana and Togo and between Burkina Faso and Mali.

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International Relations, commonwealth AND FORMATION OF UN

21/8/2023

INTERNATIONAL RELATIONS

International Relations refers to the cooperation or interaction between individuals or groups of nations of the world

Benefits of international relations

Enhance peace and security in the world the diplomatic policies of nations call for peaceful settlement of disputes, thus reducing war incidences.
Promote understanding and unity. This done through Encouraging cultural exchange between nations.
Help in getting collectives solutions to world problems. Problems of global concern like desertification, global warming, armament and environmental pollution, are dealt with collectively.
Promote economic growth through trade. Due to good relations , there is expanded international trade which enables countries to acquire goods they don’t produce
Developing countries get financial assistance. Developed nations have continued to
provide financial and technical assistance to developing nations

INTERNATIONAL RELATIONS, COMMONWEALTH AND FORMATION OF UN

American Embassy

Ways in which nations relate internationally.

Economic relations. This is through trade and commercial activities among nations. For example, developed nations giving loans and grants to developing nations.
Diplomatic relations. This is a peaceful means of relationship between nations in which there is exchange of Ambassadors or High Commissioners.
Political relations. This involves cooperation between countries with similar political systems or ideologies. E.g. USA and Western Europe, in 1964, Tanganyika united with the island of Zanzibar to form the United Republic of Tanzania.
Socio-cultural relations. This takes place in form of exchange and competition between dance troops, musicians, acrobats, sports teams, theatre groups etc, e.g. participation in Commonwealth Games.

International Organizations

There are two types of international organizations;

International Governmental Organizations (IGOs) for example UN, Commonwealth, NAM and African Union.( formed by two or more sovereign states).
International Non-Governmental Organizations (NGOs) created by individuals or private organizations. E.g. International Red cross, Amnesty International and Transparency International.

Role played by International Governmental Organizations.

The provide member states with a forum to consult and tackle problems of concern.
They act as regulators in their fields to ensure the welfare of Humankind e.g World Health Organization (WHO) regulates health sector through immunization, vaccination and other prevention campaigns.
They enhance peace and security through peace-keeping missions and response to disasters.
They contribute to charity and facilitate equitable distribution of resources in the world. For example, the International Monetary Fund (IMF) and World Bank advance loans to developing nations.

THE UNITED NATIONS

The UN was founded after world war Two as an organization of independent states with the following objectives;

To promote and maintain international peace and security and prevent the occurrence of another world war.
To foster friendly relations among nations of the world.
To promote respect for fundamental human rights and freedoms.
To promote social progress and better living standards of the people.
To protect the interests of minority groups such as women and children.
To promote economic growth among member states who are working towards reconstructing the world economy that was destroyed by the World War 2.
To replace the league of nations which had collapsed before the outbreak of world war 2

Formation of the United Nations

The signing of the Allied declaration in London on 12th June 1941 marked the first step in the formation of the UN. On 14th August 1941, Franklin Delano Roosevelt of USA and Winston Churchill of Britain, meeting in USA, proposed a set of principles for international collaboration in maintaining peace and security. This was the Atlantic Charter. The charter pledged respect for human Freedom, Allowed all nations the freedom to choose the form of government they preferred and provided that no territory should change hands after war without consent of its people.

On 1st January 1942, representatives of Allied nations meeting in Washington signed the
‘Declaration by United Nations’ and proclaimed support for the Atlantic Charter This marked the first official use of the term ‘United Nations’ as suggested by President Roosevelt in reference to the 26 nations

The first Blueprint of the UN was prepared at a conference held at Dumbarton Oaks Estate, Washington from 21st September to 7th October 1944. Representatives of USSR, USA, UK and China agreed on the aims, structure and functions of a world organization. On 11th February 1945, the Yalta Conference held by US president Roosevelt, UK PM Churchill and Russian PM Stalin declared the resolve to establish an international organization to maintain peace and security.

On 25th April 1945, the United Nations Conference on International Organization began in San Francisco, USA attended by delegates from 50 nations. It drew a 111-Article Charter which was adopted on 25th June 1945.
The UN began its official functions on 24th October 1945 after ratification of the charter by USSR, USA, Britain, China and France.

Organization of the UNO

Membership to the UN is open to all peace-loving nations that accept the obligations of the charter. By 1945, only 51 states had signed the charter. Kenya Joined on 16th December 1963. By April 2003 membership had grown to 191 states.
To achieve its aims, the UN spelt out in its charter the following principles;

It is based on the sovereign equality of all its members.
All member states must fulfil, in good faith, their charter obligations.
All member states must settle international disputes by peaceful means and without endangering peace, security and justice.
They must refrain, in their international relations, from the threat or use of force against others.
They must give the United Nations every assistance to any action it takes in accordance with the charte`r, and shall not assist states against which the United Nations is taking preventive or enforcement action.
The United Nations must ensure that states which are not members act in accordance with these principles insofar as necessary for maintenance of international peace and security.

The UNO structure comprises six principal organs as follows;

THE GENERAL ASSEMBLY

This is the main deliberative organ of the UNO, but which cannot enforce action on members. It comprises all member states.
Functions of the UN General Assembly
To help in its operation, the general assembly has the following committees;
The political and security committee, the special political committee, the economic and financial committee, the committee on social ,humanitarian and cultural issues, the trusteeship committee , the administration/budget committee and the legal affairs committee.

THE SECURITY COUNCIL

It has 15 members from 15 countries. Ten of these are non-permanent. It also has five permanent members namely china, France, USA, Russia and UK.
Its main function is to maintain world peace and security.

ECONOMIC AND SOCIAL COUNCIL

Its membership is 54. 18 are elected each year for a term of three years.
Its function is to coordinate the economic and social work of UN and its specialized agencies. E.g. in trade, status of women, Population, science and technology

TRUSTEESHIP COUNCIL

It inherited the work of the Mandates Commission of the former League of Nations. It had responsibility over the territories under colonial rule-. - To promote social, economic, political and educational advancement of the inhabitants of the trust territories.
Consists of five permanent members and six additional ones appointed by the General Assembly

THE SECRETARIAT

The head of the secretariat is the secretary general. It has its headquarters in New York. Its staff members come from 139 countries. Its work covers all areas outlined in the UN Charter.

THE INTERNATIONAL COURT OF JUSTICE

It has its headquarters at Hague. It is the principal judicial body of the UN. It gives advisory opinions on legal questions. It has 15 judges.

SPECIALIZED AGENCIES

These are separate specialized agencies which are autonomous organizations related to the UN by special agreements. (REF TO PAGE 49 OF EVOLVING WORLD)
Past Secretary Generals of the United Nations Organization since its inception

Trygve lie of Norway (1946-1953).
Dag Hammarskjöld of Sweden (1953-1961)
U Thant of Burma (1961-1971)
Kurt Waldheim of Austria (1972-1982)
Javier Perez de Cueller of Peru (1982-1991)
Boutros Ghali Boutros. Of Egypt (1992-1996)
Kofi Annan of Ghana (1997-2000)
Ban Ki Moon.(2000 up to present)

Achievements of the United Nations Organization

The organization has succeeded in keeping peace amid the threats of nuclear war and seemingly endless regional conflicts in the world. UNO has developed more than 35 peacekeeping missions and observer nations.
The UN specialized agencies are engaged in a vast array of social work, affecting positively, every aspect of people’s lives around the world. E.g., child survival and development, environmental protection, medical research, agricultural development, education etc.
The organization has helped in promoting democracy around the world. It has enabled people in more than 45 countries to participate in free and fair elections, e.g. in Namibia, Cambodia, El Salvador, Eritrea, Mozambique, South Africa etc.
The UNO has promoted development of skills and potentials vital for all aspects of development. The UNDP, in close co-operation with over 170 member states and the UN agencies designs and implements projects for agriculture, industry, education and environment.
It has helped in promotion of Human Rights. Since the adoption of the universal declaration of human rights in 1948, the UN has helped to enact more than 80 agreements on political, civil, economic, social and cultural rights.
It has played a vital role in environmental protection. ‘The Earth Summit’, the UN
Conference On Environment and Development held in Rio De Janeiro in 1992, resulted in treaties on biodiversity and climate change
Promoting self-determination and independence. The organization has brought about independence of 80 countries that are now among its member states.
Providing humanitarian aid to victims of conflicts. More than 30 million refugees fleeing war, famine or persecution have received aid from the UN high commission for refugees since 1951.

Problems facing the United Nations Organization in its operation

National sovereignty. Many countries disregard the UNO resolutions in favour of their sovereignty.
It is unable to stop aggressions and conflicts between individual countries when superpowers are involved.
Lacks sufficient funds to carry out its work efficiently. E.g it has not always been able to send enough peacekeeping forces due to lack of sufficient funds.
It lacks an effective machinery to affect its decisions. It also lacks a standing army to implement and effect its resolutions.
The permanent members with veto powers often adopt policies that promote their own national interests at the expense of the collective interests of most countries in the world.
Loyalty to other organizations. UNO members are also members of other organizations; the interests of these organizations are not in accord with those of the UNO.
Ideological disputes among member states have hampered the work of UNO in promoting world peace. This was manifested in the cold war period.
The arms race. The UNO has found it difficult to achieve world peace because of the arms race in different parts of the world. The arms race generates and sustains conflict rather than peace.
Differences in economic development levels of member states militate against co-operation.
The increased occurrence of natural disasters such as famine, floods and epidemics has created an unexpected demand for economic resources. This automatically the UN’s resources.

THE COMMONWEALTH
Origin and structure of Commonwealth of Nations

It is a voluntary association of 54 sovereign countries around the world, which were initially part of the British Empire.The commonwealth origin is the British Empire comprising the British protectorates, colonies and dominions, which included Australia, New Zealand, Canada, Newfoundland, Irish Free State and South Africa.
The idea to launch the association is traced back to 1839, with the publication of the Durham report.The modern commonwealth began in 1947 with the end of the British rule in India.
In 1949, India and Pakistan joined the commonwealth.
The commonwealth secretariat is based in London. It deals with day to day running of the organization and organizes meetings. The head of the commonwealth is the Queen/King of England. The Commonwealth has the Heads of State Summit which meets for a week every two years to discuss political and economic issues.
There are also the Ministerial meetings once after every three years to deal with different issues.
The commonwealth has specialized agencies dealing with various areas of concern.

Membership to commonwealth

It comprised 54 developed and developing nations. The members are categorized as follows;

Britain and her Dominions of Canada, Australia and New Zealand.
African Nations.
Asian nations.
Islands from the Caribbean, Pacific and Mediterranean.

Characteristics of commonwealth states

Members of the commonwealth use English as a common language.
Members maintain cultural ties. For instance, they participate in the commonwealth games every four years.
Members co-operate in the field of education.
Members recognize the queen of England as the head of commonwealth.
Members have a common military tradition based on the British military system. They also promote military exchange programmes.
Members share common democratic institutions from Britain such as parliamentary system of government.
Members have adopted constitutions that are almost similar.

Objectives that led to the formation of the commonwealth nations

To promote world peace and international understanding. Members are expected to abide by the UN Peace programmes.
To promote development of poor member states.
To intensify co-operation between member states, in matters of education, sport and economic development.
To ensure personal liberty and equality of rights to all citizens regardless of race, colour, creed or political beliefs.
To oppose all forms of colonial dominion by being committed to the principles of human dignity and equality, self-determination and non-racism.
To promote the exchange of knowledge, professionalism and cultural, economic, legal and political issues.
To fights poverty, ignorance and disease to remove wealth disparities and raise the living standards, and achieve a more equitable international society.
To enhance free international trade by removing trade barriers, but at the same time, giving due consideration to the special requirements of the developing countries.

Organization of the Commonwealth

The structure of the commonwealth comprises of three organs;

The Head of state Summit. It meets once in every two years for a week for extensive decisions and consultations. Decisions are reached by consensus.
Ministerial Meetings. The commonwealth ministers of Finance, Foreign Affairs and defence hold regular meetings once every year. Ministers of Health, Education and Law hold meetings once every three years
The Commonwealth Secretariat: headed by the secretary general and with astaff of 350 drawn from member countries. It co-ordinates co-operation among members. The first secretary General was Arnold Smith of Canada. In 1990, Chief Emeka Anyaoku of Nigeria became the first African Secretary General.
Specialized Agencies;
1. The Commonwealth Fund for Technical Co-Operation; supplies funds, finance, experts and advisers for projects carried out in member states.
2. The Commonwealth Agricultural Bureau; it provides co-operation in the field of agriculture.
3. The Commonwealth Parliamentary Association; helps to improve relations between parliamentarians of member states.
4. The Commonwealth Regional Health Secretariat for East, Central and Southern Africa; promotes cooperation in health.

Benefits of membership to Commonwealth

Member states have received technical expertise through the provision of experts and advisers in various fields e.g. agriculture.
The developing member states of the organization have acquired skilled manpower through the provision of scholarship and setting up of training programmes by nations like Britain and Canada.
Member states have been able to interact with one another through activities such as the commonwealth games and cultural exchange programmes.
Member states have conducted trade among themselves with relative ease and this has helped them to develop their economies.
The organization has promoted friendship and understanding among member states through conferences such as The Heads of Government meetings.
It has enhanced democratization process in developing member states of the organization

Functions of commonwealth (REF to evolving world page 60):
Problems facing Commonwealth of Nations

Differences in economic development levels of member states militate against co-operation. Members coming from developing world have very different outlook from those coming from the developed world.
Ideological disputes among member states have hampered the operations of the Commonwealth of Nations.
Lacks sufficient funds to carry out its work efficiently. Poor members normally owe many debts to their foreign masters and would therefore toe to their demands.
The problem of sovereignty. Many countries disregard the commonwealth resolutions in favour of their sovereignty.
It lacks an effective machinery to affect its decisions. It also lacks a standing army to implement and effect its resolutions.
Loyalty to other organizations. commonwealth members are also members of other organizations; the interests of these organizations are not in accord with those of the commonwealth
The colonial legacy. Many problems arising from past colonial policies have rocked the organization. E.g. the land issue in Zimbabwe.
The influence of other organizations like NATO who weaken the commonwealth by wooing members to their regions.
Race and colour problem. The conflict between white and black people or other color has become another setback.
Dominance by the big powers. This has caused dismay to the organization. Serious inner tension still undermines the commonwealth activities.

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MULTI-PARTY DEMOCRACY IN KENYA SINCE 1991

18/8/2023

MULTI-PARTY DEMOCRACY IN KENYA SINCE 1991

Factors that led to the development of multi-party democracy in Kenya after 1991

International pressure from multilateral and bilateral donors. The western donors took advantage of the collapse of the Soviet Union to set the stringiest conditionalities for aid on the government, for democratic reforms.
Disunity in KANU. There was pressure from individuals who had been expelled from KANU without political alternatives.
Existence of people who were ready to push democratic agenda ahead. This included the civil society, the lawyers and intellectuals. E.g the Law Society of Kenya led by Paul Muite and Gitobu Imanyara put pressure on the government for reforms.
Success of multi-party in other African countries. In Zambia for example, Chiluba’s Movement for Multiparty Democracy defeated Kaunda’s United National Independence Party.
Pressure from the church. Several church leaders, among them Alexander Muge, Bishop Henry Okullu and Rev. Timothy Njoya called upon the government to create an en environment in which Kenyans could participate in governance.
Massive rigging of the elections. The most notorious of all was the 1988 general elections, which were marred with widespread rigging.
The developments in Eastern Europe. Due to Gorbachev’s liberal reforms, one party dictatorship in Eastern Europe was replaced by regimes that were more liberal.
Rampant corruption in particular, embezzlement and misappropriation of public funds and grabbing of public assets. Those who criticized were punished through detention, arbitrary arrests and other forms of intimidation. i) Repeal of section 2A of the constitution in December 1991

MULTI-PARTY DEMOCRACY IN KENYA SINCE 1991

Role played by political parties in government and national building in Kenya.

The party that gunners majority of seats and votes forms the government either alone or in coalition with other parties.
Political parties influence government affairs and development through participation in legislation process.
Political parties through the elected members of parliament decide on national development policies and development projects.
Political parties provide exemplary leadership founded on freedom , justice, fair play and African socialism.
Opposition parties provide a system of scrutinizing government expenditure through public accounts committee and public investment committee.
Opposition parties make the government more accountable to the people through constant criticism.
Opposition parties provide checks and balances to abuse and misuse of powers and privileges by those in the government.

Challenges of multi-party democracy in Kenya

Since many politicians and senior government officials were not ready for Multipartism, they often incited their supporters to kick out opposition supporters from certain regions. This has been common in the Rift Valley region.
The executive arm and the ruling party have many a times misused the members of the civil service to frustrate the opposition. In case of flawed elections, the provincial administration has always been used in rigging.
Many of the parties formed failed to attain a national outlook. They mainly were tribal based.
The multi party democracy has been hampered with defection of greedy politicians who become preys to bribes. This has weakened some parties.
The former KANU for a long time retained control of the government machinery,,(the police force, the radio and television.) these were utilized for the advantage of KANU for al long time.
There has been a problem of lack of funding from the government. Most of the political parties have been unable to sustain competition for political power due to inadequate funds.
Interference by the international community in the running of the country. Some members of the diplomatic community openly side with certain political parties.
Many political parties have been embroiled in wrangles. For example the Orange Democratic Movement has been bedevilled with a number of desertions due to wrangles between Ruto and his supporters and Raila Odinga. Ford Kenya has split into New Ford Kenya and Ford Kenya due to wrangles between Eugene Wamalwa and Moses Wetangula.

Identify the disadvantages of multiparty system.

Multipartism tends to divide the people on tribal, regional and sectarian line.
It tends to sharpen the struggle for personality and group dominance rather than policy implementation.
Multipartism is a foreign system, which does not conform to the aspirations of independent Africa.
It encourages the politics of destabilization.
Political statements deadlocks on debates and tensions become too common.
Decisions take too long to be made and implemented.
Encourages use of violence in a state since opposition party members will be regarded as traitors by the government. The government will be regarded as oppressors by the opposition.

ECONOMIC DEVELOPMENTS AND CHALLENGES:
Economic challenges that have faced Kenya since independence

Stagnation of investment in the first years of independence due to massive transfer of capital from the country by the white settlers. The government faced the challenge of cultivating investor confidence.
The problem of landlessness among many Africans whose arable land had been alienated. There was an urgent need for redistribution.
Serious economic disparity in the country with the former white highlands having adequate provision of water, electricity and roads while the rest lacked enough of the same.
Overpopulation in urban areas as result of rural-urban migration, putting facilities under pressure and creating unemployment.
Problem of control of economy by the Europeans prior to independence and after independence. E.g. farm ownership and key industries.
Lack of qualified manpower to run the technical sectors of the economy.

These were issues that were addressed by session paper number 10 of 1965.

Types of landholding in Kenya.

Land tenure refers to the terms and conditions under which land is acquired, used or transferred

At independence the type of landholding in Kenya was mainly communal, where land belonged to the whole community. Access to land was open every member of a social group. Community elders, clan heads or kings were empowered to control and give advice on land use.

Land alienation during the colonial period transformed land into a commodity that could be disinherited from an individual. Such colonial land policies leading to alienation of African land resulted in the following;

Widespread landlessness as Africans lost ancestral lands.
Reduction in land available to Africans leading to land pressure as population increased.
Deterioration of the quality of land due to fragmentation.
Overstocking because of limited land, leading to soil erosion.
Displacement of pastoral and agricultural communities, leading to problems such as famine and livestock diseases.
Disintegration of social and cultural institutions in the reserves due to ethnic boundaries being fixed, thus separating African communities.

The Mau Mau wars which were a consequent of the bitterness arising from land alienation resulted in a number of land reforms under the Swynnerton Plan of 1954. The plan put in place a programmee for land consolidation, adjudication and registration. This was what the Kenya government inherited at independence.

Land Adjudication: - verification of individual or group rights to land within a given area.
Land consolidation: - merging of fragmented land into single economic units.
Land registration: - recording of rights to land and the consequent issuance of a title deed.

The post-colonial landholding system in Kenya.

The land tenure system in Kenya after independence was categorized as private or modern, communal or customary, public or state and open access
Private land; comprised of 6% of the total land area

Government-owned; former crown land, comprised 20% of the land area. It included the national parks, government or public forests, alienated (land acquired from customary land owners by government for own use or private development) and un alienated land (land that has not been leased or allocated by the government).

Trust land comprised 64% of the total land area as at 1990. This comprised the former native areas and was awaiting small holder registration to transform it into private tenure system.

Land ownership in Kenya has been a source of bitter conflict as manifested in the post election violence after the 2007 elections. The historical injustices in Kenya have always been related to land.
In 2010, land ownership in Kenya was classified as follows under the new constitution.

Public land
Community land
Private land

a) Public land

Public land is the land held by the central or local government.
It consists of;

Land not set aside for any purpose (unalienated land).
Land set aside for public utility use or land that is occupied by the State organ as lessee.
land transferred to the State by way of sale, reversion or surrender;
Land to which no individual or community ownership is traceable.
Land which no heir can be identified.
All minerals and mineral ores.
government forests, game reserves, water catchment areas, national parks, government animal sanctuaries, and specially protected areas;
All roads and thoroughfares.
All rivers, lakes and other water bodies.
The territorial sea, the exclusive economic zone and the sea bed.
The continental shelf.
All land between the high and low water marks.
Any other land declared to be public land by an Act of Parliament.

Community land

Community land is land which is implied as owned by a group of people on the basis of customary norms, not through formal registration.
It consists of:

Land registered in the name of group representatives.
Land transferred to a specific community through a legal process.
Any other land declared to be community land by an Act of Parliament.
land that is held, managed or used by specific communities as community forests, grazing areas or shrines;
Ancestral lands and lands traditionally occupied by hunter gatherer communities;
Land held as trust land by the county governments, but not including any public land held in trust by the county government.

Private land

Private land is land (and houses and buildings) held under registered entitlement (freehold or leasehold).
It consists of:

Registered land held by any person under freehold tenure.
Land held by any person under leasehold tenure.
Any other land declared private land under an Act of Parliament.

Note:

Landholding by non-citizens is allowed only through lease for a period not exceeding ninety-nine years.
A corporate body, for the purpose of land ownership can only be recognized as a citizen if it is wholly owned by one or more citizens.
Property held in trust will only be recognized as being held by a citizen if all the beneficial interest of the trust is held by the persons who are citizens.

Land policies since independence

Two type of programme that characterized land reforms exercise that commenced in 1963 in Kenya were;

Transfer of land from European large scale farmers to Africans.
Land consolidation and registration in which the government purchased several farms from the Europeans and sub-divided them among African holders.

In the former European farms, the government established settlement schemes as follows;

The Million Acre Scheme which was began in 1963 and involved settling African families on 13.5 hectares each.
The Harambee Scheme started in 1969, involved settling families on 16.25 hectares each.
The Haraka Scheme where squatters were settled in small plots of land in Central, Coast, Eastern and Rift Valley Provinces.
Shirika Scheme started in 1971 to settle the landless and unemployed on the former European lands. Under this scheme, the individual farmers would own a small plot each while the rest of the farm would be managed by a cooperative. This scheme did not succeed since people wished to have their own pieces of land.

However, these schemes failed to adequately solve the problems of landlessness in the country. A few politically-connected people acquired large tracts of land, most of which remained underutilized. Some of the schemes are located in areas of harsh climatic conditions and are unviable without irrigation.

Several commissions have addressed land issues in Kenya. For example, in 2001, President Moi appointed the Njonjo Commission to investigate the main problems of land ownership and distribution in Kenya. In 2003, the NARC government set up the

Ndung’u Commission on land. Its Recommendations are yet to be implemented.

By 1983, 29 districts in Kenya had benefitted from Land adjudication and registration, a process which began in the 1950s in Central Kenya then spread to other parts of the country after 1963.

Benefits of the land reforms in Kenya

Farmers could use their land title deeds to get loans from banks in order to expand farming on their land.
Land titles enabled people to purchase land with confidence. No one would alienate them from their land.
The reforms enabled thousands of landless people to own land.
Dairy and cash crop production increased.

Land ownership by non-citizens

A non-citizen can only own land in the country on the basis of leasehold tenure not exceeding 99 years.

Principles that govern utilization of land in Kenya

Equitable access to land. All members of the society must have equal access to land since it is an important resource.
Transparent and cost effective administration of land. State institutions should be given powers and responsibilities of ensuring transparent and accountable administration of land.
Elimination of gender discrimination. in line with protection of human rights, for all, discrimination against women on issues of land ownership and access to land need be eliminated.
Sustainable and productive management of land resources. Since land is an economic resource, it should be managed well to ensure maximum productivity.
Sound conservation and protection of ecologically sensitive areas. Conservation measures like prohibiting settlement and agricultural activities in water catchment areas and zoning of forest lands to protect them from further degradation.
Encouragement of communities to settle land disputes. This should happen as long as they are consistent with the constitution.

Ways in which the Kenya government has solved land related problems since independence.

The problems related to Communal Land ownership have been solved through land demarcation and adjudication by the government. This saw the conversion from traditional system of land ownership to modern freeload tenure.
Landlessness was solved through creation of resettlement schemes. Large-scale farms and former European farms were divided into smaller ones and given to the landless. E.g Mwea Tebere, Bura, Shirika etc.
The government has put marginal lands to more productive use through establishment of irrigation schemes and drainage schemes.
The government removed restriction of movements from the reserves that were created by the colonial government. This decongested the reserves and gave chance to arable farming.
At independence, the t government embarked on land consolidation policy through which scattered plots were put into one holding.
The government also embarked on land reclamation measure to bring previously unused land to productive use.
The Government has established the National Land Commission which manages public land

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Social, Economic and Political Developments and Challenges in Tanzania since Independence - kcse history notes

18/8/2023

SOCIAL, ECONOMIC AND POLITICAL DEVELOPMENTS AND CHALLENGES IN TANZANIA SINCE INDEPENDENCE - KCSE HISTORY NOTES

Lesson Objectives

By the end of the topic, the learner should be able to:

discuss the political, social and economic developments in Tanzania since independence

Table of Content

Political Developments in Tanzania since Independence
Social Developments in Tanzania since Independence.
Economic Developments in Tanzania since Independence
Political Challenges That Tanzania Has Faced Since Independence.
Social Problems, Which Tanzania Faced Since Independence

Works Cited

Political developments in Tanzania since independence

At the time of independence, Tanzania comprised of two countries. I.e. Tanganyika and Zanzibar. Tanzania became independent in 1961 under Julius Nyerere while Zanzibar became independent in 1963 under the Sultan Seyyid Abdullah.

In 1962, Tanzania became a one-party state with a republican constitution and an executive president. Tanganyika African National Union (TANU) became the sole political party.

On 22nd April 1964, Julius Nyerere and Sheikh Abeid Karume signed a union document. Nyerere became the executive head of state and government while Karume as the first vice-president.

In 1967, president Nyerere adopted the ideology of African Socialism through the Arusha Declaration
In 1972, the first Vice-president, Sheikh Abeid Karume, was assassinated. Aboud Jumbe succeeded him as Zanzibar’s president and the vice-president of Tanzania.
In 1973, the capital of Tanzania was transferred from Dar-es-Salam to Dodoma.

In 1967, the ruling party in the Mainland Tanganyika-TANU and Afro-Shirazi Party in Zanzibar merged to form Chama cha Mapinduzi (CCM). Nyerere became the party chairman.

In 1978-1979, president Idi Amin invaded Tanzania to annex the Kagera Province, which he claimed, was a Ugandan territory. Nyerere swiftly repulsed Ugandan soldiers.

In 1985, Nyerere retired as president and was replaced by Ali Hassan Mwinyi who had succeeded Jumbe as head of Zanzibar and Tanzania’s first vice president.

In May 1992, Tanzania adopted multi-partism after the 8th constitutional Amendment Act.

In 1995, Tanzania conducted the first multi-party election, where Benjamin Mkapa was elected president.

Social developments in Tanzania since independence.

SOCIAL, ECONOMIC AND POLITICAL DEVELOPMENTS AND CHALLENGES IN TANZANIA SINCE INDEPENDENCE - KCSE HISTORY NOTES

The major highlight in the social development of an independent Tanzania was an attempt to create a classless society with e reduced gap, between the rich and the poor. Through the Ujamaa policy, president Nyerere tried to turn Tanzania into a country that had political and economic policies based on African traditions and aspirations.
Under the policy, communal farms were created.
Primary education was made free in 1977 and became compulsory in 1978.

At present, Tanzania boasts of the highest number of literate persons in eastern Africa. Upto late 1980s, government provided free health services, until the introduction of the Structural Adjustment Programmes by the Donor community.

Kiswahili was adopted as a national language and a major medium of instruction in schools.

Economic developments in Tanzania since independence

The main landmark in Tanzania’s economic the launch of Ujamaa as a development policy in 1967 during the Arusha declaration..

Ujamaa was meant to transform production in rural areas and to increase labour productivity and even allow specialization introduction.

The government nationalized all the major means of production and essential services in order to empower people economically.

The Tanzam railway was constructed with the help of china and was completed in 1975. In 1976, cooperative societies were abolished and replaced with centralized corporations owned by the government.

The period between 1979 and 1985 witnessed economic stagnation in Tanzania as investors pulled out of the country.

The collapse of the East African Community also affected the economy of the country. After 1985, Nyerere’s economic policies began to be challenged openly by scholars and economists

When president Mwinyi took over, he undertook to reform the economy of Tanzania.

Political challenges that Tanzania has faced since independence.

There was an Army mutiny in Tanzania 1964, which threatened her political stability.
The socialism policy (The Arusha Declaration) received stiff opposition from many both internally and externally. People favoured capitalism.
The assassination of Abeid Karume in 1972 and the resignation of Aboud Jumbe in 1984 appeared to threaten the unity of the two members of the Union Declaration.
The invasion of Tanzania by Uganda in 1978.and the consequent war with Uganda was costly to the country. It also threatened her cooperation with neighbours.
There was an escalation of corruption among leading members of Tanzania’s political elite, including claims that President Hassan Mwinyi and his family capitalized on liberalization to amass a lot of wealth.
The re-introduction of multiparty democracy tended to awaken tribalism and regionalism although this problem was contained.

Social problems, which Tanzania faced since independence

Famine and shortage of health services as the government adopted the Structural Adjustment Policies of IMF.
Poverty and a general drop in living standards as production dropped due to socialism.
Lack of social amenities, like clean water in rural areas.
High illiteracy level.
Unemployment. In Tanzania, industries closed after the Arusha declaration.
Population explosion which outstripped the country’s resources
Terrorism. Tanzania was under terrorist attacks in 1997 targeting the American embassy.
Environmental pollution.
Overcrowding in urban areas.

Economic challenges.

In the early years of independence, the proliferation of African enterprises led to the widening of the gap between the rich and the poor.
Under the ujamaa policy, the forced villagization programme did not satisfy communities in areas with favourable climate. They therefore strongly resisted it.
There was rampant rural-urban migration affecting mainly able-bodied men who felt exploited by the new system of production.
The abolition of cooperatives was met with stiff resistance with many farmers cutting down heir production. Other producers reverted to the black market.
The Tanzanian shilling became unstable due to price fluctuations of some commodities.
There was shortage of donor funds caused by the nationalization programme that was opposed by many donor countries.
The collapse of the East African Community in 1977 denied Tanzania a large common market for her goods

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Social, Economic and Political Developments and Challenges in Kenya Since Independence

18/8/2023

SOCIAL, ECONOMIC AND POLITICAL DEVELOPMENTS AND CHALLENGES IN KENYA SINCE INDEPENDENCE

POLITICAL DEVELOPMENT AND CHALLENGES;

Political developments in Kenya between 1963 and 1991

It must be noted that Kenya inherited a number of political problems from the colonial government. For example;

Lack of African technocrats who could give political direction to the country.
Suspicion and jealousy between different communities due to the divide-and-rule tactic employed by the colonial administration for many years.
An illiterate population, ignorant of its political obligations

On 12th December 1963, Kenya became independent under KANU led by Jomo Kenyatta. In 1964, there was voluntary disbanding of KADU and APP making Kenya a de facto one party state. There was abolition of Federal Constitution in favour of a Unitary or Republican Constitution.

The post of an executive president was created to replace the post of Prime Minister. In 1966, the Limuru conference presided over replacement of the Vice-President of KANU With seven Provincial Vice Presidents and one for Nairobi Area.

On 14th April 1966, Oginga Odinga resigned from KANU and Government and formed Kenya People’s Union (KPU) where Bildad Kaggia, Achieng Oneko and Tom Odongo joined him.

In 1966, the bicameral legislature (the senate and the House of Representatives) was disbanded. A single –chamber parliament was established.
In 1966, Joseph Murumbi was appointed the country’s vice-president to replace Oginga.
He resigned in 1967to pave way for Moi’s appointment.

1969 witnessed the political assassination of the flamboyant Tom Mboya in the hands of one, Nahashon Njenga on 5th July on Nairobi’s Moi Avenue.
1n 1969, KPU was banned following riots in Kisumu.

In 1975, Josiah Mwangi Kariuki. MP for Kinangop was found brutally murdered in Ngong Forest.

In October 1975 martin Shikuku and the deputy speaker, Jean Marie Seroney, were arrested and detained for making claims in the house that KANU and parliament were dead.

In 1976, Chelagat Mutai, MP for Eldoret North was arrested and jailed for 2½ years for inciting his constituents to violence. In 1977, George Anyona, MP for Kitutu was also arrested after he accused the government of corruption.

In 1976, the change the constitution campaign was began by Kihika Kimani, Dr. Njoroge Mungai, Jackson Angaine, Paul Ngei and Njenga Karume with the objective of making sure that the then vice president, Daniel Arap Moi would not succeeded the president. On 22nd august 1978, Jomo Kenyatta died and Moi assumed presidency for 90 days and was finally elected as second president of Kenya.

In July 1980, Moi banned all tribal organizations, the Kenya Civil Servants Union and the Nairobi University Staff Union.

In June 1982, after an attempt by Anyona to form a political party, section 2A was introduced in the Kenyan constitution making it a de jure one party state.
On 2nd august 982, Kenya experienced a coup d’etat by some air force servicemen.

Charles Njonjo, the Constitutional Affairs Minister was accused of masterminding the coup.

In 1988, KANU introduced the infamous Queue voting method (mlolongo) that was open to abuse.

In February 1990, Dr, Robert Ouko, minister of foreign affairs and international cooperation was murdered.

The better part of 1991 witnessed a series of tribal clashes involving Kalenjin and Kikuyu, Kalenjin and Luhya and Luos.

Kenya’s political developments from 1991 up to 2011

In December 1991, a parliamentary act repealed the one-party system provisions of the constitution and effectively established a multiparty system. The first political party to be formed under the repealed act was Forum for the Restoration of Democracy (FORD) In august 1992, one of the leaders of FORD Masinde Muliro died mysteriously.

The first multiparty elections were held in 1992 in December. KANU won against a disjointed opposition.

In 1994, the official leader of the opposition and MP of Bondo, Jaramogi Oginga Odinga died.

After 1997 elections, the Inter-Parliamentary Parties Group ((IPPG) passed the reforms that marked the genesis of the constitutional review process.

In 2002, several opposition parties formed a coalition that overwhelmingly defeated KANU in the general elections.

In January 2003, the National Rainbow Coalition formed the new government with Mwai Kibaki as the president.

In august 2003, Wamalwa Kijana, the vice president of the coalition government died after a short illness. Mood Awori was appointed the next Vice president.

In 2005, a new political movement, the Orange Democratic Movement (ODM) was formed as a campaign tool against the proposed new constitution. Raila Odinga was its leader.

The general Elections of 2007 resulted in a political crisis that provoked an unprecedented wave of political violence and killing across Kenya.

On 28th February 2008 the former UN Secretary-General Kofi Annan succeeded in brokering a power sharing deal between the incumbent President, Mwai Kibaki, and the opposition leader, Raila Odinga thus bringing to end the political violence.

On April 17, 2008, Raila Odinga, from Orange Democratic Movement, was sworn as Prime Minister of Kenya, after more than forty years of the abolition of office.

On 28th august 2010 Kenya promulgated a new constitution thus making it the first independent African state to depart from the independence constitution.

In 2011, the International Criminal Court seating at the Hague, begun criminal proceedings against Uhuru Kenyatta, William Ruto, former police Commissioner Hussein Ali, Henry Kosgei, the head of public service Francis Muthaura and a journalist Joshua Arap Sang over their involvement in the 2008 post-Election Violence.

In June 2011, Dr. Willy Mutunga became the first Kenya’s Chief Justice and Nancy Makokha Barasa, his deputy under the new constitution.

The Electoral Commission of Kenya (ECK) was also replaced with the Independent Elections and Boundaries Commission (IEBC

The constitutional changes in Kenya in the period between 1963 and 1991

The first meeting in Lancaster in 1960 resulted in an interim constitution that failed to grant any substantial autonomy to Kenya.

The second Lancaster conference in 1962 negotiated a framework for self government.
The third and final conference in 1963 resulted in the drafting and adoption of Kenya's first independent Constitution by the British Parliament

The 1963 constitution marked the end of colonial rule and transformed the colony into a dominion.

It established a parliamentary system with executive powers vested in a cabinet headed by a Prime Minister.

The Constitution was changed in 1964 and Kenya became a republic and the executive became presidential. The senate and regions were also abolished.

In 1966, the voting majority to change the Constitution was lowered to two-thirds of the
MPs. The term ‘region’ was replaced with ‘province.’

In 1966, a constitutional amendment abolished the Bicameral Legislature and replaced it with a Unicameral Legislature, chosen directly by the electorate.

On 28th April 1966, an amendment was passed to compel MPs who defected from sponsoring party, to resign from parliament and seek re-election.

In May 1966, the Public Security Act was passed empowering the president to detain a citizen without trial on grounds of being a threat to state security.

In 1968, the president was empowered to alter provincial and district boundaries. In 1968, the procedure for presidential elections and succession in the event of his

death was laid down. The age qualification for presidential candidates was also lowered to 35 from 40 years.

In 1974, an amendment of the constitution empowered the president to pardon any election offender at his own discretion. This was done to favour Paul Ngei.

In 1975, Kiswahili was declared the national language of the national assembly.

In 1977, the Kenya court of appeal was established after the breakup of the East African Community. Voting age was lowered from 21 to 18

In 1979, both Kiswahili and English were declared languages of the national assembly. In 1982, Kenya became a de jure one party state. KANU became the only lawful party in Kenya.

In 1987, the security of tenure of the Attorney General, Chief Secretary, The Comptroller and Auditor–General was removed. Office of chief secretary was abolished.

In 1988, the security of tenure of Puisine Judges and Chairman of Public Service Commission was removed.

A parliamentary act in December 1991 repealed the one-party system provisions of the constitution and effectively established a multiparty system. Multiparty elections were held the following year in December.

Steps towards realization of a new constitution in Kenya since 1997

In 1997, Parliament passed the Constitution of Kenya Review Act that set the pace for comprehensive constitutional reforms. The Constitution of Kenya Review Commission (CKRC) was established to provide civic education, seek public input and prepare a draft constitution).
In 2005, after many years of struggle, the draft constitution was ultimately rejected by Kenyans at the constitutional referendum because of disagreements amongst various stakeholders.
28 February 2008 The National Accord and Reconciliation Act (NARA) signed by President Kibaki and Prime Minister Raila Odinga put in place arrangement for a new process to finalize the long awaited constitution of Kenya
In 2008 the Constitution of Kenya Review Act 2008 was passed and a Committee of Experts (CoE) was established as the main technical constitutional review organ to drive the process. The CoE was chaired by Nzamba Kitonga, the deputy chair was Ms Atsango Chesoni, other members were Ms Njoki Ndung'u, Mr Otiende Amolo,Mr Abdirashid Hussein Mr Bobby Mkangi Professor Christina Murray (South Africa) Dr Chaloka Beyani (Zambia) and Dr Frederick Ssempebwav (Uganda.
23 February 2009 Members of the CoE were appointed by the President were later on sworn in
On 17 November 2009 CoE released the draft to the public and invited views and comments on the draft constitution,
By 23rd February 2010. CoE had submitted the final draft of constitution to the Parliamentary Select Committee.
On 4th august 2010 Kenya held a Constitutional Referendum where the new constitution was overwhelmingly endorsed.
On 28th august 2010, the new constitution was promulgated and became operational making Kenya the first independent African state to depart from the independence constitution.

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The National Land Commission - kcse history notes

18/8/2023

THE NATIONAL LAND COMMISSION - KCSE HISTORY NOTES

Specific Objectives

By the end of the topic, the learner should be able to:

Discuss the political developments in Kenya since independence
Discuss the social and economic developments in Kenya since independence
Analyse the political, social and economic challenges in Kenya since Independence.

Table of Content

Functions of the National Land Commission.
Development in Agriculture since Independence
Challenges Facing Kenya’s Agricultural Sector.
Industrial Developments in Kenya since Independence
Factors That Facilitated Industrial Development in Kenya since the Colonial Era
Measures Taken By the Kenyan Government to Promote Industrial Development since Independence
Factors That Have Hindered Industrial Development in Kenya
Social Development and Challenges since Independence.
Education Commissions.
Main Developments in Education in Kenya since Independence
Measures Taken To Improve the Health Sector in Postcolonial Kenya
Major Challenges Facing The Health Sector In Kenya.
Ways through Which the Government Has Encouraged the Preservation of African Culture since Independence.

Works Cited

Functions of the National Land Commission.

It manages public land on behalf of the national and county governments.
It advises the national government on a comprehensive programme for land registration throughout the country.
It investigates present and past historical injustices, as a result of a complaint or on its on initiative, and recommends appropriate action.
It has a duty to encourage the use of traditional methods of dispute resolution in land conflicts.
It recommends the national land policy to the national government.
It assesses tax on land and premiums on immovable property in any area designated by law.
It monitors land use planning throughout the country.

THE NATIONAL LAND COMMISSION - KCSE HISTORY NOTES

Development in agriculture since independence

After independence, the government encouraged small scale farming of coffee and tea as opposed to large scale farming that existed during the colonial period.

The Agricultural development corporation (ADC) was set up to manage large scale farms that were established by the government in western, Rift Valley and Coast provinces. Such farms specialize in production of seeds to be used by farmers for planting. They also specialize in production of high quality dairy and beef cattle in Kenya.

The government also established the Kenya Agricultural Research Institute (KARI) in Muguga near Kikuyu to assist in identifying good crop breeds for different types of soils.

Irrigation Schemes were expanded in the marginal areas. For example. Mea (central), Bura (coast), Ahero (Nyanza) and Perkerra (central)

The government created development authorities to effectively manage water catchment areas. For example, TARDA, KVDA and LBDA

Challenges facing Kenya’s agricultural sector.

The 1984 drought and famine in various parts of the country occasioning supply of relief food to the affected regions.
Rapid increase in population which is not at pace with the rate of increase in agricultural production.
From the late 1970s, the world market prices of agricultural commodities fell drastically yet the inputs remained expensive.
Corruption and mismanagement of the cooperatives leading to meager earnings for key cash crops in Kenya.
Grabbing of research land by corrupt government officials has affected the operations of the research institutes.
The problem of poor infrastructure in the country sometimes discourages farmers especially during the rainy season.
Ethnic clashes in Molo in 1991-1992, Likoni in 1997 and Mahi Mahiu in 2005 plus the post election violence in 2008 discouraged farmers from intense farming due to insecurity.
Poor technology hassled to low yields. People in Kenya still rely on natural rains for agriculture instead of using irrigation. Others use primitive traditional tools in cultivation.
The problem of pests that destroy the farm yields before reaching the factory.
Competition from COMESA member states and from the more industrialized powers such as the European Union and USA often frustrate Kenyan farmers.

Industrial developments in Kenya since independence

Kenya’s industrial sector was shaped by the long period of colonization. At independence, industry was characterized by dominance of foreign capital and dominance of the agricultural sector.

Factors that facilitated industrial development in Kenya since the colonial era

The existence of raw materials, such as trona (soda ash) at lake Magadi, fluorspar at Kerio Valley and lime in several parts of the country.
Existence of fish resource from numerous water bodies has promoted the fish-processing industry.
Existence of expansive forests which provide timber needed in the furniture industry.
The rich scenery, e.g Mt. Kenya, Mt. Elgon, the Aberdares and rich wildlife have promoted the tourism industry.
Kenya’s rivers have enough water for production of HEP.
Increase in population since the colonial period ensured supply of labour and the market required for industries to flourish.
The transport and communication infrastructure have provided the necessary link between the material producing zones , industries and markets..
Existence of rich agricultural lands producing raw materials such as coffee, tea, sugarcane, sisal and fruits

Measures taken by the Kenyan government to promote industrial development since independence

The government engaged on decentralization programmes to spur development in new areas. Industries were established in rural areas.
The government has embarked on the programmes of funding new markets for industrial products.
Infrastructure was improved through establishment of more roads, railways and improvement of water transport, to-transport raw materials labour and goods.
Power concerns were addressed through construction of the Seven Forks Dam to supplement power from neighboring Uganda.
Favourable government policies have been put in place to attract investors.
The government has put in place measures to reduce imports in order to protect local infant industries. E.g discriminative tariffs were introduced.
The government encouraged and assisted in giving capital for industrial development through development of the co-operative movement, funding through Industrial and Commercial Development Corporation(ICDC) , the Development Finance Company of Kenya.(DFCK) and the Industrial Development Bank.
The government has ensured political stability in the country, which is an important factor in industrial development.

Factors that have hindered industrial development in Kenya

The problem of multi nationals whose interests do not favour Kenya’s progress.
Multi-national co-operation repatriate capital to their own home countries
There is shortage of strategic raw materials e.g. petroleum, diamond. Cotton for textile industries. Many industrial companies use imported raw materials. c) Foreigners, who pass policies not friendly to the country, hold managerial positions in industries.
Mismanagement of major industries and lack of transparency I parastatals.
Over concentration of industries in few areas leading to negligence of other areas. It also has led to related problems of industrial concentration like the social ills.
Competition from the industrialized nations who dominate the market and produce high quality goods.
Poverty limits industrialization. A poor population means a small domestic market thus hindering industrial development.
Products are produced with low technology hence small quantities.

Further reading on industrial development should be done with reference to evolving world book 4 pages 162-164

Social Development and challenges since independence.

Ruto For President 2022! pic.twitter.com/odzDfIi5Ff
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EDUCATION
To solve the problems inherited at independence in the education sector (poor quality education and poor facilities available the Kenya children), the government undertook the following measures;

Constitutional amendments were made in 1975 to give Kiswahili a respectable position in the country.
Several educational Commissions were set up to streamline education.
The Harambee strategy was employed to expand educational facilities.

Education Commissions.

The Kenya Education Commission (1964) (The Ominde commission) that recommended overhaul of curriculum to make it relevant.
The National Committee on Education Objectives and policies- Gachathi commission (1976) that looked into he possibility of setting up a second university
Presidential Working Party on the Second University- The Mackey commission (1982) that established the 8-4-4 system and proposed emphasis of vocational subjects such as art and craft, music, agriculture and Home science
The Kamunge commission (1988) which recommended cost-sharing in education
The Koech commission (1999) which recommended reintroduction of A-level system in form of Totally Integrated Quality Education and Training.

Main developments in education in Kenya since independence

In 1975, Kiswahili was made the official languages of parliament and learning in schools. The ministry of education established structures right from the district level to national level to help in fulfilling the national objectives of education.

Several education commissions were set up to streamline education.

The harambee strategy was employed to expand education facilities. Many schools were built.

In 1980, the government took over the responsibility of providing pre-primary education.

In the 1990s, the government in collaboration with UNICEF launched a programme to promote early childhood education.

By1998, the total number of students in the various universities was over 40,000. In 1969, the ministry of education took over the administration of primary education from local government, this witnessed increased enrolment.

In 1978, the government introduced the school milk programme to encourage children especially in drought prone areas to go to school.
The programme stalled in 1990 but had achieved higher enrolment in schools.
The Ministry of education launched school feeding programme, targeting dry areas.

In 2002, the NARC government introduced the ‘Free Primary Education’ policy.

Further reading be done from evolving world on Elementary education and Tertiary education in Kenya

Health.

MEASURES TAKEN TO IMPROVE THE HEALTH SECTOR IN POSTCOLONIAL KENYA

The ministry of health was created to oversee health matters.
Expansion of health facilities through harambee and donor funds e.g. Nyanza Provincial hospital (Russian Hospital)
Many health training institutions were started e.g. Medical training colleges
Improvement in hygiene through provision of piped water.
Establishment of several research institutions on human diseases e.g. KEMRI
Provision of more basic education in order to uplift hygiene standards in the society.
Provision of free antiretroviral and antimalarial drugs.

Major challenges facing the Health sector in Kenya.

Increase in population has posed major challenges to the government in the provision of healthcare services to its citizens. There has been a challenge of inadequate doctors and medical facilities.
The cost- sharing policy introduced in the 1980s to help buy medicine and other equipment has prevented the poor from going to the hospitals.
The spread of HIV and AIDS and other diseases such as Diabetes and Heart diseases has worsened the situation.
Cultural practices like Female mutilation have made provision of medical services more challenging.
Pollution of the environment has increased allergy-related ailments, many of which have no cure.
Poverty and malnutrition render many people vulnerable to diseases.
Illegal abortion and early pregnancies endanger the lives of mothers.
High rate of accidents and injuries , especially on roads.

Ways through which the government has encouraged the preservation of African culture since independence.

Creation of the ministry of culture and social services. The ministry promotes cultural and social values.
The syllabus has been tailored to include cultural studies.
Inclusion of music as a subject in the national curriculum.
The government has encouraged music/drama festivals on an annual basis as way of promoting cultural exchange.
The government has encouraged intermarriage between different ethnic groups.
The government has developed cultural heritage centre at the Bomas of Kenya, National Archives and Museums.
Schools have been encouraged to admit people from different communities.
Allowing the media houses to play traditional music/dance.

Students Read on sports, literature, theatre, music and dance from evolving world page 174.

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National Philosophies IN KENYA

18/8/2023

NATIONAL PHILOSOPHIES IN KENYA

AFRICAN SOCIALISM.

Meaning and origin of African Socialism.

The Sessional paper No.10 of 1965 defines African socialism as an African political, economic system that is positively African, and capable of incorporating useful and compatible techniques from whatever source.

African socialism was born out of the desire by our leaders to create a new society, different from the colonial society and which embraced equity devoid of racism, oppression and other social injustices.

Main features that characterized African socialism in Kenya

Political Democracy where all people are politically free and equal
Various forms of ownership of wealth. E.g. free enterprise allowing private ownership of property, nationalization policy for key industries, partnership with private sector
Mutual social responsibility. That the spirit of service and not greed for personal gain motivate Kenyans.
A range of control to ensure that property is used in mutual interests of society and its members.
Progressive taxation to ensure an equitable distribution of wealth and income.
Diffusion of ownership to avoid concentration of economic power on a few people in the society.

Achievements of African socialism as a National Philosophy

It has led to promotion of democratic process in governance. Multi-partism has been established in Kenya due to African socialism policies. Kenya has also witnessed the growth of the civil society.
Since the philosophy is built on African traditions, it has promoted African cultures Kenya pursued African values consistent with her traditions.
The philosophy has promoted national unity and coexistence among Kenyan communities.
There has been a greater effort to achieve fairness and justice through progressive taxation and a range of other controls. The government has tried to achieve fair distribution of resources through the activities of the District Focus for Rural Development.
The philosophy led to establishment of cooperative societies in Kenya. This has promoted social and economic development in Kenya.
African socialism has promoted agricultural development through the land tenure system that was undertaken to ensure settlement of the landless in settlement schemes like Bura.
Social development in education and health has been achieved. Discrimination in schools, hospitals and residential areas stopped. Uniform systems were adopted.
The philosophy gave Africans the right to participate in their economy. This was through the policy of Africanization in which industrial enterprises hitherto owned by Asians and Europeans, changed ownership.
African socialism has encouraged rapid development in Kenya. The policy of mutual social responsibility through self-help promotes a sense of patriotism and service to the nation as Kenyans work together to build the nation.

Problems that faced African socialism

Progressive taxation has put an additional burden of taxation on the poor thus discouraging development.
Political interference in public projects and wrangles among leaders retards development.
The spirit of unity and cooperation and self-help has been discouraged by misappropriation of funds.
Corruption leads to negative attitude from people towards contributing to national development.

HARAMBEE PHILOSOPHY:

Meaning and origin of Harambee philosophy

Harambee is a Kiswahili slogan, which means pulling together or working together. It was a development strategy in which, people supplemented government efforts through voluntary contribution.

Mzee Jomo Kenyatta made it a national Motto in 1963 when he aptly advanced it as unity in all causes of national integrity and human progress.

The Harambee spirit embodies ideals of assistance, joint effort, mutual social responsibility and community self-reliance.
Harambee projects are categorized as;

Social Projects. Educational institutions and facilities, medical centres, recreational facilities and religious institutions.
Economic projects. Construction of rural access roads, bridges and culverts, agricultural and livestock activities.

Principles that guide the Harambee spirit.

It is a development strategy that is aimed at mobilizing the people at local level to participate in their development
Participation is guided by the principles of collective good as opposed to individual gain. Harambee efforts should be directed towards community projects rather than individual projects.
The choice of project is supposed to be guided by the felt needs of the majority. Participants should be involved in decision making.
In the implementation of projects, there should be maximum utilization of the local resources such as labour, materials and money.

Contribution of Harambee movement to the development of Kenya.

Harambee movement has led to development of education in Kenya through Harambee fundraising to construct schools and colleges.
Funds have been collected through Harambee to improve infrastructural facilities such as roads, rural electrification and provision of water.
Collective participation in development programmes by people from different groups has promoted national unity.
It has helped inculcate hard work in the people of Kenya. This has in turn encouraged various ethnic groups to develop their respective areas.
Harambee projects especially in rural areas have attracted foreign donors especially the NGO’S
Has led to re-distribution of resources as people with more funds have participated in the development projects in the less developed areas.
Funds have been raised through Harambee to help the less fortunate members of the society. For example, President Moi 8th April 1989 held a Mammoth Rally where KSH 70 Million was raised to help the disabled.
Harambee movement has promoted agricultural development e.g., through construction of cattle dips and purchase of farms through Harambee.
Funds raised through Harambee have been used to purchase buses and Matatus to provide transport.

Ways in which the Harambee philosophy has promoted the development of education in Kenya.

Many education institutions have been constructed using funds raised through Harambee effort. Thus enabling many children to attend school.
Many students have been assisted to pay school fees/thus it enables the needy to go on learning.
Physical facilities have been constructed/improved through Harambee. This enables learning in a conducive environment.
Teaching/learning materials have been purchased/ donated to schools to improve the quality of education.
Additional staff/workers in schools have been paid through Harambee contributions by the parents to offset inadequacy.
Through Harambee spirit, well-wishers, thus helping the learners to exploit their talents, have supported co-curricular activities.
School furniture has been bought through Harambee effort thus making learning /teaching comfortable.
Parents have contributed funds to supplement the government’s school feeding programmes thus improving enrolment.

Problems that face Harambee movement in Kenya

Misuse of Harambee funds/diverting its use and lack of commitment by leaders.
It puts an additional burden of taxation on the poor.
Embezzlement of public funds.
Political interference and wrangles among leaders.
The spirit of unity and co-operation and self-help may be killed by misappropriation of funds.
Poor co-ordination and supervision of Harambee projects.
Use of force or extortion of Harambee funds from the people/dictatorial tendencies.
Corruption and negative attitude from people.
Use of Harambee for political gains.

NYAYOISM.
Meaning and origin of Nyayoism

Nyayoism originally meant footsteps i.e. following the footsteps of Mzee Jomo Kenyatta.
This was a phrase coined by the former president of Kenya Daniel Arap Moi, in reference to his Endeavour to follow the footsteps of his predecessor.
Today, Nyayoism means peace, love and unity that form the pillars of the development philosophy.
It stresses the concept of being mindful of other people’s welfare.
It is closely related to the principal of mutual social responsibility as embodied in African socialism.

Sources of Nyayoism

Sessional Paper No. 10 of 1965 that articulated African socialism, which is based on collective responsibility and on being mindful of other people’s welfare.
The Biblical teaching of the Ten Commandments, summarized as Love for God, fellow man and oneself.
Moi’s long political career inspired him to develop the philosophy when he realized that national building required love.

Pillars of Nyayoism.

Peace: - the state of being free from war and disorder. Peace is the beginning of sustainable and cumulative progress. Peace promotes development. According to Nyayoism, peace discourages political stability.
Love: - Love brings about trust and readiness to cooperate by working together to foster national development. Lack of love disturbs peace, creates disorder and destroys progress. Love encourages the African culture of sharing through the extended family (communalism).
Unity: - the state of being one, being in harmony or in agreement in objectives and feelings. The diversity of Kenya’s culture, religion, races and language requires that there must be unity for nation-building.

Role played by Nyayoism in national development.

The philosophy formed the basis for solving national development problems. The philosophy perpetuated the Harambee spirit.
The philosophy helped in unifying different communities. The philosophy enhanced cooperation and unity of all.
Nyayoism was used as the rallying spirit for the collective contribution and approach to national development.
Nyayoism discouraged societal evils since it preached love, unity and peace. Corruption was discouraged through the philosophy.
It discouraged all forms of discrimination based on religion, tribe, race, and social status.
The philosophy created respect for public property and functions.
It enabled the creation of a welfare state since everyone became mindful of others welfare.
It created a sense of nationalism and patriotism necessary for national development.

Impact of National Philosophies.

Social Impact of National Philosophies

Education has been promoted through philosophies like the Harambee that have assisted in construction of schools, laboratories and libraries.
Medical services have been improved
Cooperation, understanding and unity have been encouraged since the philosophies emphasized togetherness for nation-building.
The philosophies have promoted the spiritual and social welfare of people by raising their living standards. African socialism encourages people to assist others are share with others.
Through the Harambee spirit, the plight of persons with disabilities and other disadvantaged groups has been looked into.
The philosophies have promoted African cultures, since they are drawn from African traditions.

Economic impacts

Self-reliance and The Africanization process through which the people of Kenya were able to take over from foreigners was made possible by the philosophies.
Due to the policy of pooling together resources and the spirit of cooperation derived from African socialism, cooperative societies have been formed in agriculture and other sectors, thus contributing to the country’s development.
Transport and communication has been improved through African socialism and Harambee spirit. Rural access roads have been constructed; Nyayo buses were bought though the scheme failed due to mismanagement.
The agricultural sector has been boosted by the philosophies. Kenyans are encouraged to work hard to increase food production.
The pillars of Nyayoism have created a conducive atmosphere for growth of tourism and foreign investment in the country.

Political impacts

The philosophies have promoted nationalism and patriotism in the country.
African socialism has encouraged the democratization process as it champions for political equality.
It has promoted international cooperation and understanding

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Social, Economic and Political Developments and Challenges in Africa since Independence - K.C.S.E HISTORY AND GOVERNMENT NOTES

17/8/2023

SOCIAL, ECONOMIC AND POLITICAL DEVELOPMENTS AND CHALLENGES IN AFRICA SINCE INDEPENDENCE - K.C.S.E HISTORY AND GOVERNMENT NOTES

Specific Objectives

By the end of the topic, the learner should be able to:

Analyse the political, social and economic challenges in Africa since independence.

Table of Content

Political challenges that have faced African countries since independence
Economic challenges facing independent African states today
Social challenges that have faced African states since independence

Political challenges that have faced African countries since independence

The political systems that were inherited from the colonial governments seemed to be unworkable in many independent African states.
Sharp ideological difference arose among the pioneer leaders of African states. Such differences internally exploded into civil strife in countries like Mozambique, Angola and DRC.
The cold war had devastating effects on Africa. it left many African nations divided and locked in border conflicts that continue up to date.
Political instability was quite common in African states. Coups d’tat and military takeover was witnessed in Somalia, Zaire, Nigeria, Chad etc Human rights were violated with the rise of dictatorship.
There were strained relations between African leaders caused by personal and ideological differences. Some ended in border closure, which greatly undermined international cooperation.
Many national interests in Africa countries have been in conflict with global and continental interests. Nigeria and Zimbabwe, for example had to be expelled from the Commonwealth of Nations for alleged disregard of human rights and personal property.
Neo-colonialism. Most countries retain the colonial structures of parliament although they have difficulties in sustaining them. Multinational peacekeeping forces are still common in Africa, many African leaders inherited the divide and rule colonial strategy that precipitates anarchy.
The existence of different ethnic groups has contributed to ethnic wars as witnessed in Rwanda, Burundi, Sudan, Nigeria and Kenya.
Most African government seemed ill prepared and in experienced in administration.
This resulted in rise of rebel movements, as was the case of Mozambique and Angola.

Economic challenges facing independent African states today.

Unemployment and socio-economic inequalities both among individuals and between regions are common in may African nations.
Overdependence on primary exports. The African economy is an extractive one rather than a manufacturing economy. Many countries depend on agriculture and foreign nations for manufactured goods.
World trade terms are not fair for African nations. Africa countries find themselves trading with former colonial powers that give low prices fort raw material from Africa and charge high process for the manufactured goods.
There has been the problem of unfavourable climatic conditions. This has curtailed food production, particularly among agricultural communities.
Population pressure has led to overstretching of social services. There is a high dependency ratio since the population is largely youthful and unemployed.
Poor economic planning. Some economic policies have destabilized the economies. For the Ujamaa policy in Tanzania, the expelling of foreign investors in Uganda and the massive printing of money in Zaire.
The tough conditions given by donor agencies have sometimes led to deterioration of social welfare. Retrenchment for example was a key prescription of the Structural Adjustment Programme.
Corruption and embezzlement of public funds is common in African countries. There is also general lack of transparency among many leaders.

Social challenges that have faced African states since independence

Inaccessibility to clean water by majority of the people. Most African peoples rely on water fetched from sometimes contaminated streams across long distances.
The challenge of HIV/AIDS pandemic. This has had a toll on productive members of the society.
Poor housing facilities.. in urban areas, majority of the population live in slums without sanitation facilities.
The challenge of high population growth rate. This affects the quality of the services provided by governments.
Language problem. Language development and use has been a challenge in Africa. In many countries, conflict tends to arise over the language to adopt- local or the inherited one.
Religious differences. This challenge has been the main cause of the splitting of the once largest country in Africa-Sudan in 2011. The predominantly Christian southern Sudan has become the youngest African state thanks to religious differences.
Absence of practical systems of education. Many countries rely on theoretical education with little emphasis in technical skills.

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Local Authorities in Kenya - KCSE HISTORY NOTES

17/8/2023

knec kcse past papers, marking schemes and reports

Specific Objectives

By the end of the topic, the learner should be able to:

describe types of local authorities in Kenya
discuss the functions of local authorities
analyse the relationship between local authorities and the Central Government
discuss the challenges facing local authorities in Kenya.

Table of Contents

LOCAL AUTHORITIES IN KENYA

Types of local authorities
Functions of local authorities
Relationship between local authorities and the central government
Challenges facing local authorities

Works Cited

KCSE HISTORY TOPICAL QUESTIONS

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History- kcse analysis

DEVOLVED GOVERNMENT.

Devolution This refers to the granting of power from the central government to a lower level such as a region or a local level.

A ‘Devolved Government’ is a system of government where there is a transfer or allocation of authority from a central government to a regional government. In a devolved government, power and resources are decentralized with part of the political and economic decision making transferred to the people through the locally established assemblies.

Origin of devolution in Kenya

The Lancaster House Conference of 1962 forms the basis of devolution in Kenya. When the independent constitution was drawn during the conference, a federal system of government as proposed by the KADU delegates was adopted in Kenya. It made provisions for six regions. The legislature was to comprise two chambers (the Senate or upper House and the Lower House

However after independence in 1963, the Kenyatta Government began plans to scuttle the system of government. By December 1964, KANU and KADU merged to form a unitary government of the republic of Kenya.

The enactment of the new constitution on 27th August 2010 reintroduced the concept of devolution in Kenya.

Kenya is divided into 47 Counties each governed by A County Governor with the assistance of the County Executive Assembly. The National Government seats in Nairobi. To change County Boundaries, the Following must be considered;

Population density and demographic trends.
Physical and Human infrastructure.
Historical and Cultural Ties.
The cost of administration.
The Views of the communities affected.
The objectives of devolution of government.
Geographical features.

Reasons why devolved governments were established in Kenya

They were established as a means of promoting democratic and accountable exercise of power.
To Foster national unity by recognizing diversity.
To give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them.
To recognize the right of communities to manage their own affairs and to further their development.
To protect and promote the interests and rights of minorities and marginalized communities.
To promote social and economic development and the provision of services throughout Kenya.
To ensure equitable sharing of national and local resources throughout Kenya.
To facilitate the decentralization of State organs, their functions and services, from the capital of Kenya;
To enhance checks, balances and the separation of powers.

Principles of devolution of government in Kenya

County governments shall be based on the democratic principles and separation of power.
County governments shall have reliable sources of revenue to enable them to govern and deliver services effectively.
No more than two-thirds of the members of representative bodies in each county government shall be of the same gender.

Structure and Functions of a county government in Kenya

The county government is composed of County assemblies, county executive committees and county public service.

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County Assembly in Kenya

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

NB-The members for special seats and marginalized communities are nominated by political parties in proportion to the seats received in the election in a particular county.

Conditions for seeking 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 at least 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.
Must not have been a member of IBEC within five years before the date of election.
The person must not have misused or abused a State or public office.

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,
It approves policies for developing and managing the infrastructure and institutions in the county.
It enhances legislation that may set out the structure and framework for the better administration and management of county governments.
It approves oversight budgets and development projects within the county.
It approves investment decisions and loans.
It supervises other units within the county through political authority, guidance and direction.
Monitors the execution of projects under approved development plans, and assesses and evaluates their impact on development in the county.

The process of law making in a county government

It is the duty of the County Executive committee, comprising of the governor, the deputy governor and ten other members to draft the details of the proposed legislation with no bias.

The public servants in the county governor’s office participate in preparation of the proposed law.

The county executive committee then presents the proposed legislation to the county Assembly.

The members of the county assembly are then free to make their contributions to the bill during the discussion and debate that follows.

Amendments and improvements may be proposed to the bill at this stage. The recommendations are incorporated

If the members are in favor of the bill, and if it is in conformity with the National Government legislation, then it is approved to become a by-law of the county government

The structure of the County Executive Committee

The executive authority of the county is vested in the county executive committee. The committee consists of The county Governor and the Deputy County Governor. Not more than ten other Members appointed by the County Governor, with the approval of the assembly, who are not members of the assembly,.

If the assembly has less than thirty members, the members should be One-third of the number of members of the county assembly.

The county governor and the deputy county governor are the chief executive and deputy chief executive of the county respectively.

Members of a county executive committee are accountable to the county governor for the performance of their functions and exercise of their powers.

The members of the county executive committee cease to hold office once the office of the county governor falls vacant.

Functions of a County Executive Committee

It implements county legislation.
It implements, within the county, national legislation.
It manages and coordinates the functions of the county administration and its departments.
It prepares proposed legislation for consideration by the county assembly.
It provides the county assembly with full and regular reports on matters relating to the county.

Powers and functions of a governor in a county government

The Governor is the chief executive officer of the county. The Executive Branch of government, headed by the Governor, includes executive departments and advisory boards.
The Governor is the Chairman of county executive committee.
He/ she is in charge of implementing , within the county, national legislation to the extent that the legislation so requires;
He ensures, through the county executive committee, the implementation of county legislation.
He manages and coordinates the functions of the county administration and its departments.
He provides the county assembly with full and regular reports on matters relating to the county.
He appoints with the approval of the assembly members, members to the county executive committee.
He ensures that Members of a county executive committee perform their functions and exercise of their powers fully.
He handles on behalf of the county, all external affairs with other counties in consultation with the central government. (Excluding any which have been delegated to cabinet secretaries.).
The Governor prepares and submits a budget of the county for the following fiscal year.
He sets the terms and conditions of service of persons holding or acting in public offices in the county.
By virtue of his office, the Governor serves on certain boards and special commissions in the county. The Governor chairs the Board of Public Works.

Election of a county governor

The county governor is directly elected by the voters registered in the county at a general election for a term of 5 years.

To be eligible for election as county governor, a person must be eligible for election as a member of the county assembly.

Each candidate for election as county governor nominates a person as his/her running mate to be the deputy governor.

If re-elected, can serve for another final term of 5 years

Each candidate for election as county governor nominates a person as his/her running mate to be the deputy governor.

A County Governor can be removed from office under the following circumstances.

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.

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Functions of a deputy governor

As the deputy chief executive of the county, he or she assists the governor in the management and coordination of the functions of the county administration.
He or she acts as the governor of the county when the governor is absent.
The deputy assists the governor in the supervision of work of the county executive committee.
Since he/she is a member of the county executive committee, he participates in legislation by also preparing proposals for county legislation.
He assumes governorship of the county incase the governor is incapacitated or is removed from authority for various reasons.

Functions and powers of a county government

County governments have the duty to assist in promotion of agriculture by initiating development in specific areas like crop and animal husbandry, livestock sale yards, slaughterhouses control of plant and animal diseases and development of fisheries.
It provides and supervises county health services, both public health and personal health of county members.
It assists in control of environmental pollution by putting in place legislation to regulate and control air pollution, noise pollution and outdoor advertising.
It promotes cultural activities, public entertainment and public amenities in the county by putting in place structures such as libraries, museums, sporting facilities, casinos, beaches and county parks.
It has a duty to promote and regulate education at the pre-primary, polytechnic, craft and childcare levels.
It has a duty to develop transport facilities in the county through road construction, street lighting, developing ferries and harbours and parking areas.
The county government regulates county planning and development through land survey and mapping, boundaries, housing, electricity, gas and energy regulation.
It implements specific national government policies on natural resources and environmental conservation.
It also puts in place measures to control drug abuse and access to pornography.

Relationship between national and county government

Governments at either level must exercise their powers and functions in a manner that respects the functional and institutional integrity of government at the other level.
Each of the two governments must assist, support, consult and implement the legislation of the other level of government.
Either of the two governments must liaise with government at the other level for the purpose of exchanging information, coordinating policies and administration and enhancing capacity.
Governments at each level or different level should co-operate in the performance of functions and exercise of powers.
In any dispute between governments, reasonable efforts to settle dispute should be made.
County governments rely on Procedures provided under national legislation in settling intergovernmental disputes between them.
Parliament at national level has the role of ensuring that county governments have adequate support to enable them to perform their functions.
County governments must operate financial management systems that comply with any requirements prescribed by national legislation.
National government is permitted to take any measure on county government provided that Notice must be given to county government.
Where a county government is unable to perform its functions, or does not operate
Financial management system that complies with national legislation requirements, the national government may intervene.

Challenges facing county governments in Kenya

County governments have inadequate funds. Some are located in areas of limited resources. This impedes provision of essential services. Some are too small to operate efficiently.
Corruption and misappropriation of funds is common in most counties. This is because those vested with the management powers do not have experience since the appointment of governors is through popular vote.
Rural –urban migration is likely to generate population pressure in urban based countries like Nairobi city and Mombasa. Urban problems like mushrooming of slums, poor garbage disposal and insufficient sanitary facilities arise.
There is likely to be national government interference in the affairs and management of county legislation. This hinders free decision-making.
Election of ward members to manage ward affairs may hamper operations of the counties especially in legislation.

Possible solutions to the challenges that may face county governments in Kenya

The National governments through the Equalization Fund should be able to provide adequate financial support to County governments located in areas of limited resources. This will assist in provision of essential services.
Those counties that are too small to operate efficiently should be merged with others in terms of social service delivery.
There should be stricter vetting of candidates to vie for positions of county Governors and deputy county Governors in order the possible challenge of financial management and corruption.
Urban-based counties should be given more funding by the National Government to enable them solve urban related problems.
The National government should come up with means on how to curb Rural –urban migration. This may be done through creation of employment generating opportunities in rural counties.
The county governments, especially those that are in economically viable areas should be given financial autonomy and a free-hand in decision making, by the national government.

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LIVES AND CONTRIBUTIONS OF KENYAN LEADERS, JOMO KENYATTA, DANIEL MOI, OGINGA ODINGA AND WANGARI MAATHAI

17/8/2023

LIVES AND CONTRIBUTIONS OF KENYAN LEADERS, JOMO KENYATTA, DANIEL MOI, OGINGA ODINGA AND WANGARI MAATHAI

Jomo Kenyatta.

Early life
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 1919 he married Grace Wahu. On 20 November 1920 Kamau's first son Peter Muigai was born. Grace Wahu lived in the Dagoretti home until her death in April 2007 at the age of around 100.

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.

Kenyatta joined the EAA in 1922 which disbanded in 1925.Kenyatta worked as editor of the KCA's journal between 1924 and 1929, and by 1928 he had become the KCA's general secretary. In May 1928 Kenyatta launched a monthly Kikuyu-language newspaper called Mwĩgwithania which was intended to draw all sections of the Kikuyu together.

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)

He returned to Kenya on 24 September 1930. He returned to London in 1931. In 1932 to 1933, he briefly studied economics in Moscow. at University College London from 1935 studied social anthropology. Kenyatta published his own book, Facing Mount Kenya in 1938.

Kenyatta and pan-Africanism.

In 1945, with other prominent African nationalist figures, such as Kwame Nkrumah of Ghana, Kenyatta helped organize the fifth Pan-African Congress held in Britain.

Kenyatta and the struggle for independence.

On arrival into Kenya in 1947, he became principal of Kenya Teachers College Githunguri. In 1947, he was elected president of the Kenya African Union (KAU) after James Gichuru stepped down.

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.

Leadership

Kenyatta was admitted into the LegCo after his release in 1961, after Kariuki Njiiri gave up his Kigumo seat for him. In 1961 and 1962, he led the KANU delegation to first and second Lancaster Conference in London to negotiate Kenya's independence constitution.

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.

Commentary

Historians have questioned Kenyatta’s alleged leadership of the radical Mau Mau movement. Kenyatta was in truth a political moderate. It is even alleged that the colonial administration deliberately arrested him to protect him from the radical KAU members who accused him of betraying their course. (There were three attempts to assassinate him before he was arrested).

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

On 10 November 1964, KADU officially dissolved and its representatives joined KANU, forming a single party. Kenyatta was re-elected unopposed in 1966, and the next year had the Constitution amended to expand his powers.

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

President Kenyatta had suffered a heart attack in 1966. In April 1977, then well into his 80s, he suffered a massive heart attack.

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.

Achievements.

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.

Failures

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.

Tom Mboya

Thomas Odhiambo Mboya was born on August 15, 1930 in Kilimambogo, near Thika town. In 1942, he joined St. Mary's School Yala. In 1946, he went to the Holy Ghost College (later Mang'u High School), where he passed well enough to proceed to do his Cambridge School Certificate. In 1948, Mboya joined the Royal Sanitary Institute's Medical Training School at Nairobi, qualifying as an inspector in 1950 and employed by the Nairobi City Council.

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.

Political life

A year after joining African Staff Association, he was elected its president. He molded it into a trade union named the Kenya Local Government Workers' Union. Upon returning from Britain, he contested and won a seat against incumbent C.M.G. Argwings-Kodhek. In 1957, he formed his own party, the People's Congress Party. In 1958, during the All-African Peoples' Conference in Ghana, convened by Kwame Nkrumah, Mboya was elected as the Conference Chairman at the age of 28.

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.

Ronald Ngala

Early career
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.

Political career
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

Early life and entry into politics

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.

Presidency

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.

Achievements

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).

Early years and career

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.

Wangari Maathai

Early life of Wangari Maathai.

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.

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The Formation, Structure and Functions of the Government of Kenya

17/8/2023

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;
1. Community of interest, historical, economic and cultural ties
2. Geographical features and urban centres
3. 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.

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.
1. Mololongo (queuing)
2. Acclamation
3. Secret ballot.

There are three types of elections in Kenya;

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.

THE 2007 ELECTIONS IN KENYA

The electoral process that was adopted by the ECK under the stewardship of Samuel Kivuitu in the 2007 election was very unfair and yielded false results. This caused the outbreak of violence, bloodshed, destruction and loss of property.

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 following legislations govern the electoral process in Kenya.

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.

Voter registration.

Qualifications of a voter in an electoral process in Kenya.

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.

Voter education refers to the provision of information, materials and programmes to voters with the intention of informing them about the specifics of voting process for a particular election. For example, information on who is eligible to vote, where and how to register.
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.

There are two categories of Nominations

Party nominations
IEBC nominations

Party nominations

This refers to the selection of political party candidates to contest in an election. It is done through queuing, acclamation or secret ballot. It may involve nomination for county, parliamentary or presidential elections.

IEBC nominations

Once the political parties have nominated their candidates, they are presented to the IEBC for formal nomination to contest the presidential, parliamentary or county/civic elections.

Independent candidates

A person is eligible to stand as an independent candidate under the following conditions;

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.

Campaigns.

The campaign periods starts immediately after IEBC nomination of candidates and ends 12 hours before the polling day. The main purpose of campaigns is to give the voters chance to assess aspiring candidates and their party policies and strategies and then decide the right candidate.

Polling

Voting is done in the polling station. It takes place from 6.00am to 6.00 pm on the Election Day. Counting of votes begins after the closure of the exercise. The presiding officer then announces the number of votes garnered by each candidate.

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 disputes

The following must be observed as pertains to election disputes:

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.

ELECTION OFFICIALS

The following are the officers appointed by the IEBC to assist in administering elections.

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:
1. They set up polling booths in each polling station.
2. They receive nomination papers from prospective candidates
3. They distribute ballot papers and boxes to polling stations.
4. They supervise the voting and counting of votes in the constituency.
5. They appoint the presiding officers in each polling station.
6. Announcing the results of the elections.
Presiding officers. –in charge of polling stations. And perform the following duties;
1. They conduct the polls in an orderly, free and fair manner at the polling station.
2. They ensure that every eligible voter votes only once.
3. They help illiterate voters mark ballot papers.
4. They seal the ballot boxes and transfer them to a central point in the polling station where the votes will be counted.
5. They maintain law and order at polling stations and report any irregularities to the returning officer.
6. 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.

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FORMATION OF GOVERNMENT

14/8/2023

NATIONAL GOVERNMENT

Kenyans directly or indirectly exercise their sovereign or absolute power through their democratically elected representatives. This power is delegated to the state organs or arms of government namely;
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.

After every election, the party with the majority of seats in the house forms the government by appointing cabinet secretaries from among professionals (not among elected MPs) with the approval of the National Assembly. The president then appoints the judiciary with the advice of the JSC. The president-elect is sworn in by the chief Justice and the members of the three arms of government also take oath.
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.

COUNTY GOVERNMENT.

The county government is composed of County assemblies, county executive committees and county public service and exist in each of the 47 counties throughout Kenya.
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.

The county governor is directly elected by the voters registered in the county at a general election for a term of 5 years. To be eligible for election as county governor, a person must be eligible for election as a member of the county assembly. If re-elected, can serve for another final term of 5 years.
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.

A governor may be removed from office under the following grounds;

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.

The office of the county governor falls vacant when the holder of office;

Dies.
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 deputy county governor assumes office as a county governor for the remainder of the term of the county governor when a vacancy arises. Where the deputy governor is unable to act or his office is also vacant, the speaker acts as governor and elections must be held within sixty days after the speaker assumes office.

THE COUNTY ASSEMBLY

The composition of a County Assembly in Kenya is as follows;
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.

NB-The members for special seats and marginalized communities are nominated by political parties in proportion to the seats received in the election in a particular county.

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;

Dies.
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

The speaker is elected by the county assembly from among persons who are not members of the county assembly. The speaker presides over the county assembly. Another member of the assembly may be elected to play the role of a speaker in case of the absence of the speaker.

Structure and functions of the national government.

The three arms of government are:
a) Judiciary
b) Executive
c) Legislature

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THE KENYAN EXECUTIVE

14/8/2023

Meaning of the executive.

This is the arm of government which deals with the implementation of laws made by parliament. It is charged with the administration of affairs of a country as well as affairs which affect the country from outside.
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.

The president.

He is the Chief Executive Officer of the republic of Kenya. He is the head of state and government in Kenya. He is the commander-in-chief of the Kenya Defence Forces. He is a symbol of national unity.

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.

NB;- A presidential candidate, whether affiliated to a political party or independent, must garner 50% plus one of all the votes cast in the election.
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 president-elect assumes office by taking two oaths namely;

The oath of affirmation of allegiance
The oath of affirmation for execution of the functions of office.

If the president-elect dies before assumption of office, the deputy president-elect is sworn in as acting president. A new fresh election to the office of president must be held within sixty days after death of the president-elect. The president must be sworn in public before the Chief Justice.

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.

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.
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
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.
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.
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.
The President chairs Cabinet meetings and assigns responsibility for the implementation and administration of any Act of Parliament to a Cabinet Secretary.
He presides over national holidays during which he expounds on government policy.
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.
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.
The President ensures that the international obligations of the Republic are fulfilled through the actions of the relevant Cabinet Secretaries.

NB - the constitution provides the president with immunity from criminal proceedings during the tenure of office in respect of anything done or not done in exercise of the powers granted by the constitution. But this immunity does not extend to a crime for which the president may be prosecuted under any treaty to which Kenya is party to, and which prohibits such immunity.

The process of Removal of President by impeachment.

A member of the National Assembly moves a motion for the impeachment of the President on the following grounds;

A gross violation of a provision of the Constitution.
President commits a crime under national or international law.
For gross misconduct.

If a motion is supported by at least two-thirds of all the members of the National Assembly, the Speaker informs the Speaker of the Senate of that resolution within two days.

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 deputy president is nominated by the presidential candidate during a general election.

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;
1. The oath or affirmation of allegiance.
2. 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.

NB-The Deputy President is not permitted to hold any other State or public office.

The cabinet.
The composition of The Cabinet in Kenya.

The Cabinet consists of:

the President;
the Deputy President;
the Attorney-General; and
Not fewer than fourteen and not more than twenty-two Cabinet Secretaries.

The President nominates and, with the approval of the National Assembly, appoints Cabinet Secretaries.
A Cabinet Secretary should not be a Member of Parliament.

Secretary to the cabinet.

This office is an office in the public service.
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.

Principal Secretaries.

Each state department is under the administration of a principal secretary. He/she is nominated and appointed by the president from among persons recommended by the public service commission and approved by the national assembly.
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.

The DPP is nominated and with the approval of the National Assembly is appointed by the president to hold office for a term of eight years and can’t be re-appointed.

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

The public service includes all state organs in both levels of government and all state corporations.

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.

This is the body charged with the responsibility of recruiting, promoting and managing the affairs of the public servants in Kenya in order to make it a motivated and an efficient workforce.

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:
1. The Parliamentary Service Commission.
2. The Judicial Service Commission.
3. The Teachers Service Commission
4. The National Police Service Commission.
An office in the service of a county government, with the exception of powers to create and establish offices.

The commission can not appoint a person to hold office or act in any office on the personal staff of the president or retired president, except with the consent of the president or retired president.

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.

National security is the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity.

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 national security organs are;

The Kenya Defence Forces.
The National Intelligence Service.
The National Police Service.

National Security Council

This is a body whose main responsibility is to exercise supervisory control over national security organs

Composition of the National Security Council

The Council consists of

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.

Previous Topic: Legistrature

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 defence Forces comprises;

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.

Its composition is as follows;

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.

Functions.
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.

Initially called the Special Branch, This is an independent civilian government agency dedicated to protecting the national security interests of Kenya and safeguarding its citizens from threats such as terrorism and corruption.

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.

The East African Protectorate Police was first created in the 1890s. In 1920, it was renamed the Kenya Police. In 1953, control of the entire police force was placed under the Commissioner of Police. The National Police service was established in 2010 with a mandate to function throughout Kenya.

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.

The Commission consists of the following persons, each appointed by the President;

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.

Correctional services.

The Correctional service Department in Kenya has its origins in the adoption of the India Prisons Act in Kenya in 1894 by the colonial government. Initially, prisons were under the supervision of the provincial Administration.
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.

The Kenya Prisons Reform Programme in 2001 adopted The Open Door Policy under which the following reforms were initiated.

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.

The following reforms have been undertaken to improve the conditions of correctional services in Kenya.

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.

Next Topic: Judicially

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THE JUDICIARY

14/8/2023

Previous Topic: The Executive

Judicial authority and legal system.

Judicial Authority is derived from the people and is vested in courts and tribunals established by the constitution.

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 Hierarchy of the court system in the Kenyan judiciary is in accordance with;

The seriousness of the cases the courts handle.
The punishment they give out
The geographical area of operation.

The courts have either original or appellate jurisdiction.

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 Judiciary consists of the judges of the superior courts, magistrates, other judicial officers and staff.

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

Supreme Court consisting of the Chief Justice who is the president of the court, the Deputy Chief Justice-the vice-president of the court; and five other judges.
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.

Supreme Court Judges retire at the age of seventy Five Years.

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

Court of Appeal consisting of judges, not fewer than twelve, a president of the Court of Appeal elected by the judges of the Court of Appeal from among themselves. (The court of Appeal has membership of 30 Judges currently). Each judge to be appointed to the court of Appeal should have ten years experience as a superior court judge or at least ten years as a distinguished academic or legal practitioner.
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.

The Court of Appeal has jurisdiction to hear appeals from the High Court; and any other court or tribunal as prescribed by an Act of Parliament.

3. High Court

High Court headed by a Principal Judge of the High Court, who shall be elected by the judges of the High Court from among themselves.

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.

A judge can be dismissed from service on the following grounds.

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.
Bankruptcy.
Incompetence.
Gross misconduct or misbehavior.

The process of removal of a judge from office.

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.

a) The Magistrates 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.

b) The Kadhis’ courts.
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.

This is a subordinate court that was established under the Armed Forces Act after the abortive ’82 Air force coup. It has penal or disciplinary powers to ensure discipline within the armed forces. they try cases involving assisting an enemy, cowardice, desertion, insubordination, neglect of duty, drunkenness, malingering and absence without leave.
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.

Membership of the JSC is as follows.

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.

Members, except the AG and Chief Justice hold office for a term of 5 years and can be re-appointed for one further term

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.

Solutions to the problems facing Kenya’s Judiciary.

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.

Some of the mile stone decisions undertaken to restore public confidence in the judiciary include;

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.

However Nambuye and Mohammed Ibrahim successfully appealed against the decision which once more saw their reinstatement on 21at September 2012 pending further investigations.

The Rule of Law.
Meaning of ‘the Rule of Law’.

This is the absolute supremacy or predominance of regular law as opposed to arbitrary power. The concept is associated with the view of Albert Venn Dicey who published a book, The Law of the Constitution in 1895, in which he presupposes the supremacy of the law. That all persons whether individual or in government, are subject to the 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.

Joseph Raz in an article titled, The Rule of Law and its Virtues outlines the following eight 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.

it refers to the requirement that the bodies that resolve disputes adhere to at least minimum standard of fair decision making

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
1. The accused must be given prior notice of the case against him and given a chance to respond.
2. The accused must be given chance of knowing the case against him and stating his own case.
3. The person charged should have opportunity to consider, challenge and contradict any evidence, being fully aware of the allegations leveled against him.
4. The person has a right to legal representation by a legally qualified person.
5. All legal decisions should have reasons within the law..

The rule against Bias.

Full inquiry must be conducted into the circumstances involved before the Arbitrator makes a decision. The decision made should be impartial with the adjudicator lacking interest in the outcome.
A person is presumed innocent until proven otherwise and the police have no right to beat up suspects.

Next Topic: World Wars

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THE KENYAN LEGISLATURE

14/8/2023

The two components of the Kenyan Parliament/legislature are;

The National Assembly.
The Senate.

The Composition and membership of the National Assembly.

The National Assembly consists of;

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

The Senate consists of;

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.

The official languages of parliament are English, Kiswahili and Kenyan sign language. Parliament quorum is 50 members for the national assembly and 15 members for the senate.

Office of parliament.

The following are the officers 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 speakers Preside at any sitting of the house. In a joint meeting of the two houses, the speaker of the national assembly assisted by that of the senate presides over.
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.

Party leaders

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.

What is law making?
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.

What is a bill?

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.

Bills are classified into two;
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

b) Private Bill.-this is a bill that affects a particular person, associations or people living in a small part of the country.
Money Bill
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 process

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.

When a bill is referred back to parliament, the following procedure is followed;

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;
1. Two-thirds of the members of the national assembly, and
2. Two-thirds of the delegations in the senate, if the bill requires approval of the senate.
3. The bill then has to be submitted by the appropriate speaker to the president for assent within seven days.
4. If the president fails to assent the bill within seven days, the bill will be considered acted upon and therefore considered null and void.

Next Chapter : The Executive

The process of the bill coming into force as a law.

After presidential assent, a Bill becomes a law or an act of parliament. It is then published in the official gazette, the Kenya gazette, within seven days after assent.
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.

Such Bills, when passed by senate, can only be amended or vetoed by National Assembly by a resolution of 2/3 of the members. When the veto or amend fails to pass, the speaker of the National Assembly must within seven days refer the Bill in the form adopted by the senate to the president for assent.

Ordinary Bills concerning counties.

If one house passes an ordinary bill concerning counties and the second house rejects it , the Bill must be referred to the mediation committee.

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.

Parliamentary supremacy:
Meaning of parliamentary supremacy

This refers to the sovereign power exercised by parliament which makes law for the country. Parliament is supreme because, through elections, it has the people’s mandate to legislate and govern on their behalf and is the only means through which people control government.

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.

NB; - The upholding of parliamentary supremacy however depends largely on the integrity and maturity of members of the national assembly.

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.

This means that parliament has the power to impeach a president or pass a vote of no confidence in the government by a two-thirds vote majority of the national assembly, forcing the government to resign.

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.

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COURSE OF THE COLD WAR

13/8/2023

COURSE OF THE COLD WAR

The cold war was fought in Europe Asia, Latin America and Africa,

The course of the Cold War in Europe

The cold war in Europe involved a conflict between the West and the East. The highlights of this conflict included Russia’s overwhelming encroachment and dominance of Eastern Europe. Russia used her military might to impose communist governments on many states like Poland and Romania. They also fanned civil wars. E.g the Greek civil war of 1946. There were widespread outbreaks of violence and demands of freedoms in Poland and Romania, based on western ideologies, in politics and economy.

In Czechoslovakia, communist Russia orchestrated protests against reforms based on western ideologies, by the Dubcek Government, which was supported by the west. Dubcek was arrested and flown to Moscow. Dr. Husak, a Russian ally was installed. The following are the major developments that characterized cold war in Europe.

In March 1947, the US president Harry Truman, through ‘TheTruman Doctrine’ declared that the USA would support free people resisting subjugation by armed minorities. In 1947, USA took over Britain’s commitment in Greece and turkey to support the anti-communist regimes.
In 1947, the US Secretary of state, George Marshall came up with a proposal which was to become the Marshall Plan. This was a plan through which the US would make a major contribution to the economic recovery of Europe. The plan was rejected by USSR terming it an American interference in the internal affairs of other nations.
Stalin set up the Communist Information Bureau (COMINFORM) to coordinate the work of communist parties in Europe and the Council for Mutual Economic Assistance (COMECON) to counter the US Marshal Plan.
The NATO and Warsaw Pact. By the treaty of Brussels in March 1948, Britain, France, Belgium, Netherlands and Luxembourg formed a defensive alliance against any form of aggression (It became the North Atlantic Treaty Organization-NATO, in April 1949 when other European Nations joined it. In response to NATO, the Soviet Union signed the Warsaw Pact in Poland on 14th May 1955 with East \Germany and six Eastern European countries. The existence of NATO and Warsaw Pact only intensified the hostilities.
The Berlin Blockade. Germany was divided into two zones, East and West. Russia treated East Germany as a satellite state thus curtailing trade between east and west. This move almost led to starvation in the west as East Germany was the main producer. In May 1948, all roads and rail routes into West Berlin were sealed off by Russian troops. For over two years, food, coal medical supplies and other necessities to the 2 million people in West Berlin were airlifted since there was no land linkage. The blockade ended in may 1949 with devastating consequences.
Partition of Germany. The west was prepared to give freedom to the Germans as a whole to decide their own fate. Russia was determined to ensure that East Germany remained dominated by communism under Russian control. On 23rd may 1949, the western occupation zone in Germany became the Federal Republic of Germany with Konrad Adenauer as the chancellor in September elections. On 7th October 1949, the soviet zone formed the German Democratic Republic. In August 1961, the East Germans built the Berlin Wall, curtailing communication and flow of refugees from the west.

The cold war was fought in Asia.

In Asia, China was the first front of Cold War. She embraced communism, following the successful takeover of the country by the forces of Mao Tse-tung in October 1949, assisted by the Russians. The Sino-Soviet Treaty of friendship was signed in 1950. Korea, formerly controlled by Japan, was another front for cold war in Asia. When Japan was defeated in 1945, Korea was occupied from the south by American forces, from the north by Russians, placing the country under joint control. The occupying powers failed to unite the two Korea sections when she became independent.

In 1948, the USA announced the formation of the Independent Democratic Republic of Korea in the South. The Russians formed the Peoples Republic of Korea in the north. On 25th June 1950, North Korea Forces invaded South Korea in an attempt to unite. UN condemned this and An American General, Douglas MacArthur led the UN forced that repulsed the invaders.

The cold war spread to Vietnam, with USSR and USA clashing over Vietnam, formerly a colony of France that had been seized by Japan. The two super powers supported different nationalist leaders in the struggle for independence from France.

The Russians supported Ho Chi-Minh who led a revolt by the Vietnamese, against the French.
USA supported Ngo Dinh Diem. The Vietnam War erupted as a result

The Vietnam War was the heaviest cost of containing communism by Americans in a distant country. Americans were humiliatingly defeated in 1975 with a causality of 53,000, despite employing over 400,000 troops. The communist guerillas, the Viet Cong, established a communist government in South Vietnam. The war strengthened American hostility towards Russia

There was an armed conflict between the superpowers in Afghanistan from 1978. The height of the conflict in Afghanistan was the Boycott of the Moscow Olympic Games in 1980 as a protest against USSR’s involvement in Afghanistan, The conflict took the form of a civil war which was only eased in 1989 when the USSR began to withdraw its troops.

The cold war in Latin America (the Cuban Missile Crisis)

Cuba became the theatre of cold war when USA unsuccessfully supported the Cuban dictator, General Fulgencio Batista against Fidel Castro who was fighting to end Batista’s regime. Fidel Castro overthrew the Batista regime in 1958. The new government immediately gained recognition from many world nations including USA and USSR

In 1960, Fidel began a communist nationalization programme of American oil refineries and sugar plantations. This strained relations between him and the US who attempted unsuccessfully to invade Cuba in 1961 at Bay of Pigs. In January 1962, Cuba was expelled from the Organization of American States.

In May 1962, USSR leader Nikita Khrushchev secretly built missile installations in Cuba as a means of countering any future American invasion, in exchange for sugar.

The discovery, by American president J. F. Kennedy in October 1962, of the Russian missile installations in Cuba was the beginning of the most serious cold war crisis. He declared that any nuclear missile attack from Cuba would be taken to be an attack by the USSR and USA would respond accordingly.

USA declared a Naval Quarantine on Cuba to blockade any Russian Vessels

This most serious cold war crisis was only ended when the Russian leader Khrushchev removed the missiles from Cuba and dismantled Russia’s bases in Cuba.

The Cold War in Africa

The cold war in Africa was majorly witnessed in Ethiopia and Angola.
In Ethiopia, Mengistu Haile – Mariam, overthrew Emperor Haile Selassie in 1974, with the assistance of USSR. Haile Mariam introduced socialist programmes,

However, they were short-lived up to the end of his rule in May 1991, when Russians withdrew their assistance.

In Angola, on 11th November 1975, Angola attained her independence from Portugal, with the assistance of the Soviet Union and Cuba.

Soon after, a bruising civil war broke out. USA supported the rebels, led by Jonas Savimbi and his UNITA movement based in Ovimbudu. Cuba and Russia supported the MPLA government based in Luanda.
Democratic elections were held in Angola in 1989, when USSR eased their aid to MPLA.

FACTORS that led to the Cold War détente by world powers

The death of Stalin and the flexibility of Stalin’s successor, Nikita Khrushchev. The successor of Joseph Stalin, after his death in 1953, Nikita Khrushchev, was more flexible and willing to relax both cold war abroad and Authoritarianism at home. He announced the policy of peaceful coexistence in 1956.
The willingness of David Dwight Eisenhower, Truman’s successor, to reach compromise with the Soviet Union over a number of issues. For example he convened the Camp David Summit in 1959, with Khrushchev in which a cooperative spirit emerged between the east and the west. However this happened against the backdrop of the Cuban missile crisis.
The signing of the Strategic Arms Limitation Treaty (The SALT Treaty) in 1972. The treaty, signed between USA and Russia limited strategic arms to certain quantities. This was followed by the Improvement of the Chinese –American relations in 1972 and American relations with Russia. In 1972. President Nixon visited Beijing and Moscow
The introduction of reforms in Russia by Mikhail Gorbachev. In 1985, Gorbachev introduced the Glasnost (openness policy) and the perestroika reforms (economic restructuring that appealed favourably to the west) which won him the Nobel peace Prize in 1990.
The adoption of President Reagan’s Strategic Defence Initiative (SDI) in 1983. This initiative led to setting up of space stations that would destroy every missile in the sky. This was Star Wars.
The collapse of the Communist rule in Europe. Russia’s president recognized the independence of other republics of USSR in 1989 thus weakening Russia’s position.
Western democracy was introduced in Romania, Bulgaria, Czechoslovakia and Poland.
The successful re-unification of Germany under Helmut Kohl in 1990. The nations united to form the republic of Germany. This was a clear indicator of the joint commitment of the superpowers in maintaining their spheres of influence had been weakened.
The dissolution of the Warsaw Pact. With the fall of communism in Eastern Europe, the Warsaw pact started to fall apart. In November 1990, the Paris Charter was signed, effectively dissolving the Warsaw Pact.
The collapse of the Soviet Union in 1990. Several of its states seceded. Russia officially became an aid receiver instead of an aid donor.
The signing of the START Treaty in 1991 by Gorbachev and George Bush, after the Strategic Arms Reduction Talks, The treaty officially ended the cold war. Destruction of weapons of mass destruction commenced.

Effects of the cold war

It brought immense divisions and conflict to people of the same continent, region and countries based on pro-west or pro-east ideologies. E.g. in Angola
Oppressive regimes found their way to power, supported by either the west or the east.
There was untold suffering to the people. Disease, poverty and refugee camps became common sights.
There was destruction of the economy as infrastructure was destroyed by war. As communist systems failed to produce wealth, unemployment and poverty set in.
It created mistrust and suspicion amongst nations.
It led to arms race. It led to militarization of regions and countries.
It led to political crises and actual war e.g. civil wars in Korea and Vietnam, the Suez Canal crisis of 1956 and the Hungarian Revolution of 1956.
It threatened international peace and security. Insecurity in the world increased.
Led to formation of Non-Aligned Movement by third world countries.
Led to formation of economic alliances and military alliances like NATO (1949) and the Warsaw pact (1955). COMECON (1949) and the European Economic Union (1957.
The cold war led to development in science and technology. The war Stimulated space science/space race.

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.

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THE PAN-AFRICAN CONGRESSES (1900-1945)

13/8/2023

THE PAN-AFRICAN CONGRESSES (1900-1945)

a) The 1st pan-African conference, London, 1900. It was held at the WestminsterTownhall from 23rd to 25th July with 32 participants from Africa, USA, Canada and West Indies. The conference was sponsored by a Trinidad lawyer Henry Sylvester Williams who coined the term Pan-Africanism. The conference marked the entry of
Du Bois into Pan Africanism where he made his famous statement “The problem ofthe 20th c is the problem of colourline”

Objectives of the conference

To unite people of African origin in all parts of the world.
To appeal for the end of European colonization and exploitation of Africa.
To look for ways of establishing better relations between the Caucasian and African races.
To initiate a movement for securing the full rights for all Africans in and outside Africa and promote the economic rights.
To appeal to missionaries and philanthropists in Britain to protect Africans against aggression by colonizers.

Conference Agenda

Human Rights Violation against blacks in South Africa.
Living conditions of blacks in different parts of the world.
Racial discrimination against Africans all over the world.

The conference sent a Memorandum to the Queen of England demanding respect for the rights of Black People especially in the British Empire.

The conference made the following recommendations;

The need for international laws to protect Black people.
African land to be held in trust for Africans.
The prevention of exploitation of African nations by foreign companies.
The rights of Africans to be educated.
That slavery and capital punishment were to be abolished.
The right of Africans to participate in their government as fast as their development permitted.

c) The 3rd Pan-African Conference 1921. The conference was held in three sessions inLondon, Brussels and Paris. The London session was attended by 41 Africans, 35 American coloureds, 7 West Indies and 24 Africans living in Europe at that time. It was patronaged by Du Bois. The conference demanded for the establishment of political organizations among the suppressed blacks. It emphasized international and interracial harmony and democracy.

d) The 4th Pan-African congress (London and Lisbon 1923.) it reiterated earlier resolutions and also demanded that black people be treated like human beings.

e) The 5th Pan-African Conference, New York 1927. It was mainly attended by African Americans and was partly sponsored by European Philanthropists. It discussed the attitude of the communists towards pan-Africanism.

f) The 6th Pan African conference, Manchester 1945. it coincided with the end of the World War II. It was convened by the Pan African Federation which had been formed in 1944 by 13 organizations representing students’ welfare and political groupings. Leaders of the federation were George Padmore, Ras Makonnen (Ethiopia). C.L.R Wallace Johnson and Jomo Kenyatta. The conference was greatly inspired by the liberation of Ethiopia in 1941 and Clause three of the Atlantic Charter (1941) (that USA and British governments would respect the right of all people to choose the form of government under which to live) which Winston Churchill claimed was not applicable to the Africans.

b) The 2nd Pan-African Conference, Paris, 1919.The conference coincided with the Paris Peace conference. The conference was convened by William Du bois who had been sent to Paris by NAACP to investigate the allegations that African American troops stationed in France during world war I experienced racial discrimination and to represent the interest of the black peoples at the Paris peace conference.

The conference was convened on 15th oct. 1945 and was attended by 90 delegates who included Du Bois (West Indies), Nkrumah(Ghana), Kenyatta(kenya), Padmore (Trinidad), peter Abrahams(south Africa), Ras Makonnen(Ethiopia) , Magnus Williams representing Azikiwa Nnamdi (Nigeria), Obafemi Owolowo (Nigeria) and Kamuzu Banda (Malawi) and 11 observer nations. Du bois chaired the conference while Nkrumah and Padmore were joint secretaries.

Uniqueness of the conference

The conference was mainly organized by Africans from the continent unlike earlier ones which were organized by the Africans in Diaspora. The only exceptions were W.E.B Du Bois and Padmore.
Representatives of white philanthropists were absent. Neither did they finance the conference.
Many African trade unions were represented. These included the trade Unions from Sierra Leone, Nigeria, Ghana and Gambia. Most of West Indies was also represented.

Key Resolution of the Manchester Conference

Africans should concentrate on winning political power through non-violent means e.g strikes and boycotts.
African intellectuals should play an important role in mobilizing the masses to fight for political liberation.

Pursuant to the conference resolutions, Kwame Nkrumah established the West African National Secretariat (WANS) on 15th December 1945 in England to act as a regional body for Pan African Federation, promote unity in West Africa. WANS published a newsletter, The New African, whose main aim was to inspire the youth in Africa to resist imperialism.

Why the 1945 Manchester (Pan-African) Congress was a landmark in the history of Africa.

For the first time leading African representatives in the continent attended e.g. Jomo Kenyatta, Kwame Nkrumah, Kamuzu Banda, Haile Sellasie etc. on coming back , they all adopted radical nationalistic demands for independence of their states.
It was the first congress that strongly condemned European colonization of Africa and demanded the autonomy and liberty of African states.
The congress was instrumental in granting of independence to Ghana in 1957 and to Egypt soon after.
It set the pace for organization of similar conferences in the African continent like; the 1958 All African Congress and the 1960 Tunis-Pan African People’s Conference.
During the conference, the solidarity and unity among Africans began to develop and paved way to the formation of Organization of African Unity.
It marked the establishment of the movement’s activities in Africa.

Why pan-African movement was not active in Africa before 1945

There was lack of adequate African representation in the movement before 1945. Africans in the movement were few and were staying outside Africa as political exiles or students.
Colonial authorities could not allow Africans to organize a movement that was against their policies. Such movements were outlawed.
The ‘divide and rule’ policy used by the Europeans made it impossible for Africans to communicate and cooperate.
Africans in each colony were mainly concerned with issues that affected them directly e.g. Land alienation, forced labour and taxation.
The only Countries that were independent (Liberia and Ethiopia) could not champion pan-Africanism since they had their own internal problems and paid little attention to international matters e.g. Ethiopia and Liberia.
Lack of venue to hold meetings on the African soil since the colonial government would not have allowed such meetings.
Poor state of transport and communication at the time did not permit fast spread of Pan-Africanism.
Few people were educated and only a minority in Africa had higher education hence there was widespread illiteracy and ignorance.
Africans were too poor to contribute to pan-African efforts.

The role of Kwame Nkrumah in Pan-Africanism

He participated in the 1945 Manchester Conference as the secretary during which he proposed that delegates go back to their countries and spearhead the nationalist struggle for political independence.
He established the West African National Secretariat (WANS) in England to coordinated pan African federation activities in West Africa and promote pan-Africanism.
He founded the Convention People’s Party (CPP) in 1949 which led Ghana to Independence in 1957.
As president of Ghana, Nkrumah inspired many African countries to struggle for political independence, and the black civil rights movement in the USA to fight for their rights.
In 1958, he hosted the first pan-African conference of independent states in Accra which pledged to assist fellow Africans to fight for political independence.
He funded nationalists in other countries e.g. Ghana and Algeria.
He supported other African leaders who faced political threats from their former colonial masters. For example he assisted the Guinean leader, Sekou Toure , with Loans following the withdrawal of French support to the country after independence
He championed trade unionism in Africa as a means of promoting pan-Africanism. During the Manchester conference as a joint secretary with George Padmore, he allowed participation of trade Unions from Sierra Leone, Nigeria, Ghana and Gambia.
He participated in convening various pan-African conferences that led to the formation of O.A.U, an association of independent African states.

NB- it is most probably because of his fight against western domination that Nkrumah was eventually overthrown in 1966 in a military coup that forced him into exile. He died on 27th April 1972 in Bucharest, Romania, where he had gone to seek treatment for cancer.

Reasons why the pan-African movement became active in Africa after 1945

World War II strengthened nationalism in the continent. The Africans’ quest for political independence received a boost with support from UNO, USA and USSR.
The 1945 Pan-African Conference in Manchester, brought many African elites together. They later inspired their colleagues back home to join the movement.
The attainment of political independence in India in 1947 and Burma (now Myanmar) in 1948 encouraged many nationalists in Africa.
The slowing down of the pan africanism activities in America during the cold war period activated the same in Africa. USA tried to control activities of people like Padmore who had links with USSR.
The attainment of independence by Ghana in 1957 inspired other African nations to focus on the liberation of their respective countries rather than fight for the betterment of fellow Africans outside the continent.

Performance of the Pan-African Movement:

Achievements of Pan-Africanism

The movement created political awareness among people of African origin and a sense of deep concern for suffering of blacks all over the world.
It put in place Steps towards the restoration of status and dignity to the African people, which had been eroded by slave trade, colonialism and racism.
The movement provided an important forum where the people of African origin could discuss their problems. It promoted brotherhood among Africans.
The movement led to the Development of the spirit of solidarity among the African people when dealing with issues that concern the continent.
It laid the basis for the Formation of OAU, which later became the African Union (AU).
The movement enabled African leaders to be more committed to African issues. For example the black caucus in the USA played an important role in pressurizing the US congress to take drastic measures against the Apartheid regime in South Africa.
The movement laid the foundation for the interest in research on African culture, history, literature, music, religion, medicine, art, etc. this empowered Africans by enabling them to understand the status quo.
The movement played an important role in the advancement of African nationalism by encouraging peoples of African origin to take pride in their ancestry and demand their rights.
The movement condemned Mussolini’s attempt to colonize Ethiopia in 1935 by organizing protests in major towns like New York, London, Brussels and Paris.

Challenges encountered by the pan African movement.

Many European groups fought the activities of the pan Africanists. The fact that Marcus Garvey was arrested, tried and convicted of fraud (collecting funds unlawfully) and imprisoned for five years is a clear manifestation of this.
It was difficult for the Africans to participate in African affairs since majority of Africans were still under colonialism.
Due to lack of economic empowerment and lack of education, many of the pan African projects did not succeed. The Marcus Garvey project for instance collapsed due to mismanagement.
Illiteracy and ignorance amongst some people of African origin hindered them from offering constructive support.
The movement was restricted to the African continent after independence in 1960s. The absence of African-Americans in the continents affairs dealt a big to its progress.
Division among Africans after independence e.g. Radical and the conservative leaders and between the francophone and the Anglophone countries.
The European powers domination of the international media was used to water down the importance of pan-Africans by spreading negative propaganda.
Some of the pan-African leaders could not agree on the best strategy of uplifting the welfare of the African origin peoples.
The deep economic connection between colonies and the mother countries hindered any meaningful cooperation.
Lack of venues to hold conferences in Africa especially before 1957 meant that the movement could not take root in Africa quickly. The far-away venues were inconveniencing.

The Pan-African movement activities after 1950

Despite the challenges mentioned, the movement was still active in Africa after 1950 as manifested in the political developments that took place in the 1950s and 1960s.

The following conferences were convened during that period.

The 1st Conference of Independent African States, Accra, Ghana April 1958. Inattendance were the eight independent African states of Ghana, Egypt, Morocco, Ethiopia, Liberia, Tunisia Sudan and Libya. the delegates pledged to assist fellow African countries who were fighting for political independence..
The All-African Peoples conference, (Accra De. 1958) the conference was attended by freedom fighters and trade unionists from all over Africa. It was chaired by Tom Mboya of Kenya The conference’s main resolution was to use all means to acquire political independence and to encourage unity between the African leaders.
The All-African Peoples Conference, Tunis, January 1960. It strengthened the desirefor unity among African states.
The 2nd Conference of Independent African States, Addis Ababa, Ethiopia, June 1960. The conference was the forerunner to the formation of a continental Body,OAU. The conference exposed sharp division among African states over the situation in Congo, where Patrice Lumumba was facing problems with his former colonial masters.
The Brazzaville Conference December 1960; Attended exclusively by the 12 francophone conservative African states, the conference emphasized the need to respect international Frontiers and non-interference in the internal affairs of any African state. They promised political support for Mauritania in her boundary disputes with morocco.
The Casablanca conference, January 1961; It was a reaction to the resolutions of the Brazzaville conference by the radicals who supported Morocco in her dispute with Mauritania. They advocated for the removal of foreign troops in Congo.
The Monrovia conference, May 1961.It attracted both moderates and conservatives and aimed at uniting the antagonistic groups. The conference emphasized the absolute equality of all states. The conference succeeded in uniting the hostile groups through the undertaking of two crucial events;
1. The Algerian Referendum of 1961, which passed that the Algerians wanted political independence from France.
2. The situation in Congo stabilized after 1961.

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THE NON-ALIGNED MOVEMENT

13/8/2023

NAM STRUCTURE AND ORGANIZATION

NAM was an organization that did not have formal structures like UNO and Commonwealth. It did not have a secretariat or a constitution. The movement had a unique administrative style as follows.

Coordination

The administration is non-hierarchical, rotational and inclusive, providing all member states, regardless of size and importance with an opportunity to participate in global decision making and world politics.

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

Non-Aligned security Caucus

This is the focal point for coordination. It reviews and facilitates the harmonization of the NAM working groups, contact groups, task forces and committees.

Working Groups, Contact Groups, Task Forces and Committees

They include NAM High-level working group for the restructuring of the United Nations, NAM working group on Human Rights, Disarmament, Committee on Palestine, Contact Groups on Cyprus, and Task Force on Somalia etc. these groupings meet often.

The countries that make up the NAM council caucus are expected to constantly strive to adopt unified positions so that the decisions and positions of NAM are reflected in the Security Council decisions without prejudice to their sovereignty.

Joint coordinating committee

This is a coordinating committee established in 1994 and sitting in New York, whose main mandate is to promote cooperation and coordination between the NAM and the Group of 77 in promoting the interests of developing countries in international fora.

Coordination of non-aligned countries in the UN centres.

This is aimed at facilitating coordination and cooperation with the coordinating bureau and enhances the role of NAM in the international Fora.

The Troika

The concept of Troika emerged on 6th April 1997 in New Delhi, India, during the meeting of foreign ministers of NAM representing past, present and future chairs. The concept simply implies a meeting of past, present and future chairs who began to meet in September 1997 as a discussion forum.

Panel of economists

This is an ad hoc panel of economists formed from Non-Aligned countries to assess the current international economic situation from the perspective of developing countries and to identify and analyze their major issues of concern.

Documentation

This is the responsibility of the host country but after wide consultation. The host country must circulate the First Draft not later than one month before the meeting.

Decision making

The movement makes all its decisions by consensus. This concept presupposes understanding of and respect for different points of view, including disagreement and mutual accommodation. This promotes solidarity and unity of the movement.

NAM Meetings

They include the following

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

After the Bandung Conference of 1955 which established the movement, NAM has attracted many developing counties. A number of conferences have been held since then;

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

Though critics have questioned the relevance of NAM after dismantling apartheid and achieving independence, and after end of cold war, there still exist situations that require NAM’s participation. Reasons why NAM is still relevant

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

The Cold War refers to the strained relations that existed between the western world led principally by the United States and the communist East led by the USSR, after the Second World 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.

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Co-Operation in Africa

13/8/2023