Britain and Kenya's Constitutions, 1950-1960


Book Description

This is the first study of constitution making during a critical decade of British rule in Kenya to be based on a thorough examination of archival sources. Such sources include secret police and intelligence reports, records of the planning and negotiations leading to the imposition of the three constitutions, and British cabinet records. These allow for a more complete appreciation of the forces that produced the specific constitutional dispensations. For example, the book provides the fullest and most authoritative account of the first Lancaster House conference of 1960. The account indicates that the constitution that emerged, as with the negotiations of 1954 and 1957, was not the result of inter-racial bargaining. Rather, each constitution was imposed by Britain after acceptance by some political groups, though not all. Such partial acceptance proved fatal to the constitutions of the 1950s. The book illustrates this reality as well as highlighting the importance of African agency in the overthrow of the Lyttleton and Lennox-Boyd constitutions and in the emergence of the very different constitutional order that resulted from the Lancaster House conference. Britain and Kenya's Constitutions, 1950-1960 is an important resource for scholars in African studies as well as those researching the history of British decolonization in Africa.




Majimbo in Kenya's Past


Book Description

Advocacy for federalism in Kenya emerged amidst World War II and its aftermath. The rapidly changing political, economic, and social environment in Great Britain and British colonies in Africa formed the background for uncertainty and concern for the future among Kenya's European settler minority. Federalism's appeal came forth among a portion of the European community and some of the colonial rulers who were concerned about a post-war world that seemed certain to bring far reaching changes in Britain's most important East African dependency. These included democratization, the extension of civil liberties, increased economic opportunities for the African majority, and social integration leading to eventual decolonization. European anxiety as to the impact of such changes on their privileged political, economic and social status produced advocacy for majimbo or a federal system of governance between 1940 and 1960. This advocacy for federalism emerged in a colonial political system defined by a racially differentiated electorate with separate representative systems and voting by racially defined groups. The European minority in Kenya enjoyed pride of place in 1945, but demands for greater political participation from the larger Asian and African communities and the British government's support for a sharing of power among Kenya's racial group placed Kenya's Europeans on the defensive. The declaration of a state of Emergency in Kenya in October 1952 and the outbreak of the Mau Mau war/rebellion added to European concerns and uncertainties that provided powerful fuel for federalist ideas throughout the rest of the decade. For example, the political reforms pushed by the British government and the colonial state in response to the war/rebellion provoked enhanced calls for federalism among the vocal minority among the European community. Federalism remains a controversial topic in Kenyan history and in contemporary Kenya. In the current century, federal advocacy has been viewed by scholars and public as responsible for outbreaks of pre- and post-election violence. The movers and motives of federal advocates is also a subject that provokes strong opinions as they have often been viewed as racists or tribalists. It is thus important to examine and analyze the movers of majimbo, their motives, the shape and substance of their schemes, and the reasons for their lack of success in moving late colonial Kenya to adopt a federal system. This book demonstrates that the decade of the 1950s was the high water point for federalism in Kenyan history. Finally, it is critical to closely review that decade's federalist advocacy in light of Kenya's adoption of a federal scheme of governance with the 2010 constitution. This is the first detailed study of federalism in Kenya during the 1940s and 1950s that provides important grounding and background for the understanding of the later emergence of majimbo in the independence era (1961-1963) and later. The book identifies the movers of federalism during the period of study as well as providing in-depth analysis of the political parties they used to promote provincial autonomy and evolution plans. These include the Federal Independence Party, the Progressive Local Government Party, and the United Party. The analysis reveals that the movers backed majimbo as a defensive mechanism. They hoped it would serve as a means of protecting and perpetuating white privilege in terms of political dominance, segregated schools and public facilities, and, most of all, exclusive European control of a large portion of the colony's productive farm land, the white highlands. Majimbo in Kenya's Past is an important book for African studies, history, and politics.




Bills of Rights and Decolonization


Book Description

"It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.




A Tapestry of African Histories


Book Description

In A Tapestry of African Histories: With Longer Times and Wider Geopolitics, contributors demonstrate that African historians are neither comfortable nor content with studying continental or global geopolitical, social, and economic events across the superficial divide of time as if they were disparate or disconnected. Instead, the chapters within the volume reevaluate African history through a geopolitically transcendent lens that brings African countries into conversation with other pertinent histories both within and outside of the continent. The collection analyzes the pre- and post-colonial eras within African countries such as Kenya, Malawi, and Sudan, examining major historical figures and events, struggles for independence and stability, contemporary urban settlements, social and economic development, as well as constitutional, legal, and human rights issues that began in the colonial era and persist to this day.




The Palgrave Handbook of Kenyan History


Book Description

This volume covers Kenya’s history, society, culture, economics, politics, and environment from precolonial times through the first years of independence. The book comprises twenty-one chapters divided into two parts. Part I focuses on the long precolonial moment, detailing the nature of precolonial Kenyan societies and their economics, politics, gender dynamics, and social organization. Part II examines Kenyan societies’ encounters with British colonialism, critically outlining the impact and implications of these encounters. The volume concludes with an examination of political consolidation after the country’s attainment of political independence and the subsequent foundations for political authoritarianism.




Kenya and the Politics of a Postcolony


Book Description

This book sets out to probe, explore and evaluate the betrayal of anticolonial nationalism in Kenya. Contemporary Kenya’s emergence is rooted in the colonial enterprise, its deleterious effects and the subsequent decolonization spearheaded by a fierce anti-colonial nationalism that was embodied in freedom struggles at the cultural, political, and military levels. As a settler colony, the colonial settlers hived off millions of hectares of the best land in the highland areas of Kenya and appropriated them for themselves thereby generating a large mass of the landless. This land alienation constituted one of the most deeply felt grievances which, together with the exclusivist, exploitative and oppressive colonial system, inflamed anti-colonial nationalism that undergirded the struggle for independence. The expectation on the part of the masses was that independence would bring about social justice, restitution of the stolen lands, and a government based on the will and aspirations of the governed. Political developments soon after independence, however, demonstrated the extent of betrayal of the cause of anti-colonial nationalism, which has remained the reality to date. This book covers the extent of this sense of betrayal from the time of independence to the present. It begins by locating contemporary Kenya within the colonial context then proceeds to thematic issues of betrayal including the fall out between President Kenyatta and Vice President Odinga over ideology and issues of development, which constituted the first betrayal; the scourge of bureaucratic corruption and rent seeking; the question of land and associated historical injustices; and electoral malpractice since the return of multiparty politics in 1992 to the most recent elections of 2022. The implications of these dynamics for the future of the Kenyan polity are delineated and discussed.




The African Charter on Human and Peoples' Rights [2-Volume Set]


Book Description

The African Charter on Human and Peoples' Rights (ACHPR) was the first non-Western declaration of human rights. This book, for the first time, presents a comprehensive account of the development of the ACHPR, key to a proper understanding of its fundamental nature. Volume 1 outlines the dominant African political and cultural ideas upon which the OAU (now African Union) was founded. Volume 2 describes the process through which the ACHPR came into being.




The Palgrave Handbook of African Colonial and Postcolonial History


Book Description

This wide-ranging volume presents the most complete appraisal of modern African history to date. It assembles dozens of new and established scholars to tackle the questions and subjects that define the field, ranging from the economy, the two world wars, nationalism, decolonization, and postcolonial politics to religion, development, sexuality, and the African youth experience. Contributors are drawn from numerous fields in African studies, including art, music, literature, education, and anthropology. The themes they cover illustrate the depth of modern African history and the diversity and originality of lenses available for examining it. Older themes in the field have been treated to an engaging re-assessment, while new and emerging themes are situated as the book’s core strength. The result is a comprehensive, vital picture of where the field of modern African history stands today.




Protecting Minority Rights in African Countries


Book Description

In this enlightening book, John Mukum Mbaku analyses the main challenges of constitutional design and the construction of governance institutions in Africa today. He argues that the central issues are: providing each country with a constitutional order that is capable of successfully managing sectarian conflict and enhancing peaceful coexistence; protecting the rights of citizens ? including those of minorities; minimizing the monopolization of political space by the majority (to the detriment of minorities); and, effectively preventing government impunity. Mbaku offers a comprehensive analysis of various approaches to the management of diversity, and shows how these approaches can inform Africa?s struggle to promote peace and good governance. He explores in depth the existence of dysfunctional and anachronistic laws and institutions inherited from the colonial state, and the process through which laws and institutions are formulated or constructed, adopted, and amended. A close look at the constitutional experiences of the American Republic provides important lessons for constitutional design and constitutionalism in Africa. Additionally, comparative politics and comparative constitutional law also provide important lessons for the management of diversity in African countries. Mbaku recommends state reconstruction through constitutional design as a way for each African country to provide itself with laws and institutions that reflect the realities of each country, including the necessary mechanisms and tools for the protection of the rights of minorities. From students and scholars to NGOs, lawyers and policymakers, this unique and judicious book is an essential tool for all those seeking to understand and improve governance and development in Africa.