Kenya -- 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.