Government
Presidents
Jomo
Kenyatta June 1963 August 1978;
Daniel
Torotich Arap Moi August 1978 present.
Constitution
Kenya
has been governed under a series
of constitutions over the last forty
years. Its first constitution originated
in a constitutional conference held
in London in early 1962, when Kenya
was still a colony administered
by a governor general. The goal
of the 1962 conference had been
to find agreement on constitutional
principles under which Kenya would
be granted its independence.
The
major issue before the conference
was that of federalism. Pro-federalists
supported the Kenya African Democratic
Union (KADU), a minority party that
appealed to coastal peoples, the
Kalenjin, part of the Luhya, and
half of the Kamba. Their support
of federalism stemmed from a fear
that these groups would be dominated
by larger ethnic groups. The Kenyan
African National Union (KANU) majority,
composed of Kikuyu (Kenyatta's ethnic
group), Luo, many Kamba, and other
ethnic groups, advocated a centralized
form of government. The British
government tended to support KANU
in this matter. Amid controversy,
the conference drew up a document
entitled "Framework (of the
Kenya) Constitution," which
was incorporated into the later
Constitution of Kenya of 1963, later
known as the Independence Constitution.
This 1962 constitution called for
a parliamentary system that mandated
a government responsible to parliament,
a bicameral legislature, an independent
judiciary, and a strong bill of
rights. KANU's victory in the general
election of May 1963 greatly restricted
any hope of a more federalist form
of government.
The
constitution inaugurated by political
independence in 1963 was a highly
detailed document of over 200 pages.
It called for the retention of the
monarchy, a parliamentary system,
and strong regional governments.
The Republican Constitution that
went into effect on December 12,
1964 was named the Amended Independence
Constitution[1] .
Kenya's
present constitution dates from
the formation of the republic. It
draws heavily on English law. It
has been amended over 30 times.
Amendments require a two-thirds
majority in the unicameral National
Assembly, which currently consists
of 188 directly elected members
and another 12 members nominated
by the majority, together with the
speaker and the attorney general.
The constitution endows the president
with extensive power and has not
yet been adapted to multiparty politics.
The president can declare states
of emergency and security zones,
as well as deny fundamental rights
enshrined in the constitution, including
those of assembly and relocation.[2]
[1]
Kaplan, Irving & et.al. 1976.
Area Handbook for Kenya, Second
Ed., U.S.
Government
Printing Office: Washington, D.C.
pp. 189-91.
[2]
The Economist Intelligence Unit,
1998, Country Profile. Kenya. The
Unit:
London,
pp. 6-7.