POLITICAL DEVELOPMENT AND CHALLENGES;
- 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
Political developments in Kenya between 1963 and 1991
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
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 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.