Colonial Kenya - Independence Constitution
The principal task faced by Kenya's political leaders of all races after the 1961 election was drafting a constitution in order that a transfer of power from the colonial government could be effected. With this partly in mind, KANU and KADU made efforts to reach agreement on their differences in talks during the summer of 1961. The former's arbitrary attitudes, however, raised concern among KADU leaders over dominance of national affairs by the larger ethnic groups after independence.
Coupled with an apparent rise in ethnic identity among the groups associated with KADU and a belief that KADU might be able to maintain local control of areas in which such groups lived, the party enunciated its doctrine of regionalism (majimbo; Swahili for regions). This concept, which called for a considerable degree of regional autonomy in a federal system, also received the support of New Kenya Party leaders.
Although the regionalism proposed by KADU, as against the centralism favored by KANU, was the major issue at the so-called framework constitution conference finally held in London from February to April 1962, almost equally important were issues concerned with land policy. Regionalism won out in part apparently because of support by the British colonial secretary, in part because of the persistence and intransigency of KADU delegates, and in part because of concern by Kenyatta and KANU leaders that independence would be delayed if they refused to sign. KANU also accepted an expanded land resettlement program proposed by the British government for the preindependence period, although party leaders would have preferred land reform after self-government had been achieved, when the fulfillment of African priorities would become paramount.
An interim all-party coalition government, formed after the conclusion of the conference, was left to complete the details of the framework constitution. Under the provisions of the framework constitution, a general election was held in May 1963 for the new National Assembly, composed of the House of Representatives (117 elected seats plus 12 to be filled later by the assembly) and the Senate (41 elected seats). Regional assemblies were also elected. Voting was conducted in single-member constituencies by voters registered on a common roll. The delimitation of constituency boundaries favored KADU by giving greater representation to less populated rural and pastoral areas whose people supported regionalism, compared with the more heavily populated Kikuyu and Luo areas.
In preelection campaigns KADU emphasized ethnic identification, regionalism, and economic liberalism, while KANU's approach stressed nationalism, centralism, and so-called African socialism. In foreign affairs KANU advocated a completely nonaligned approach, whereas KADU appeared to favor keeping British bases on Kenyan soil. It became clear as the campaign progressed that, although the principle of regionalism had been agreed to in the framework constitution, aKANU victory would nonetheless force some modification of regionalist proposals and could lead eventually to a centralized form of government.
Although the main contestants in the election were KANU and KADU, a third party, the African People's Party (APP), headed by Kamba leader Paul Ngei, put up a strong fight. Ngei had been a member of KANU but had withdrawn after disagreement over the Kamba district party leadership. The election results gave KANU 70 seats, KADU 32, and APP eight. Independents won two seats, and five seats were not filled because of the boycott of the election by the Somali, whose leaders were demanding the right for their region to secede and join Somalia. In the Senate election, important because of the large number of votes required in that body to amend the constitution, KANU took 18 seats, KADU 16, APP two, and others two; three Somali seats went unfilled because of the boycott. Of the 12 members selected by the National Assembly, 11 were from KANU.
The national character of KANU had been demonstrated by the election returns. The party swept the Kikuyu-Embu-Meru seats and nearly all the seats in western Kenya inhabited by the Luo. It won the large towns, except Mombasa, and took other seats in areas peopled by the Kamba, Luhya, and Kalenjin; the pastoralist Turkana voted solidly for KANU. Two members of the European community were also picked by KANU in the election to fill the special seats in the assembly. In elections for regional assemblies KANU won control of Nyanza, Central, and Eastern regions, and KADU took Western, Rift Valley, and Coast regions; no assembly was elected in North-Eastern Region, inhabited largely by Somali (the regions were renamed provinces in 1964). No major KANU politician ran in the regional elections, however, because of the party's opposition to regionalism.
Notwithstanding several notable political assassinations and the failed coup attempt of 1982, Kenya’s entire post-colonial experience was notable for the absence of major disruptions to the constitutional order. Nevertheless, multiple amendments to the independence constitution effected a significant “shrinking of the political arena” in terms of civil liberties and the actual political choices available to Kenyans.
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