History and Government Form 4 Notes : SOCIAL, ECONOMIC AND POLITICAL DEVELOPMENTS AND CHALLENGES IN KENYA SINCE INDEPENDENCE

SOCIAL, ECONOMIC AND POLITICAL DEVELOPMENTS AND CHALLENGES IN KENYA SINCE INDEPENDENCE

POLITICAL DEVELOPMENT AND CHALLENGES

Kenya inherited several political problems from the colonial government, including:

1. Lack of African technocrats to provide political direction to the country.
2. Suspicion and jealousy among communities due to the divide-and-rule tactics employed by the colonial administration.
3. An illiterate population unaware of its political obligations.

Political developments in Kenya between 1963 and 1991

On 12^th December 1963, Kenya gained independence under KANU led by Jomo Kenyatta. In 1964, KADU and APP voluntarily disbanded, making Kenya a de facto one-party state. The Federal Constitution was abolished in favor of a Unitary or Republican Constitution.

The post of executive president replaced the Prime Minister. In 1966, the Limuru conference replaced the Vice-President of KANU with seven Provincial Vice Presidents and one for Nairobi Area. On 14^th April 1966, Oginga Odinga resigned from KANU and government, forming the Kenya People’s Union (KPU), joined by Bildad Kaggia, Achieng Oneko, and Tom Odongo.

In 1966, the bicameral legislature (Senate and House of Representatives) was disbanded and replaced by a single-chamber parliament.

Joseph Murumbi was appointed vice-president in 1966 to replace Oginga Odinga but resigned in 1967, paving the way for Moi’s appointment.

In 1969, Tom Mboya was assassinated on 5^th July on Nairobi’s Moi Avenue by Nahashon Njenga.

KPU was banned in 1969 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 Deputy Speaker Jean Marie Seroney were arrested and detained for claiming that KANU and parliament were dead.

In 1976, Chelagat Mutai, MP for Eldoret North, was arrested and jailed for 2½ years for inciting violence. In 1977, George Anyona, MP for Kitutu, was arrested after accusing the government of corruption.

In 1976, the campaign to change the constitution began, led by Kihika Kimani, Dr. Njoroge Mungai, Jackson Angaine, Paul Ngei, and Njenga Karume, aiming to prevent Vice President Daniel Arap Moi from succeeding the president. On 22^nd August 1978, Jomo Kenyatta died, and Moi assumed the presidency for 90 days before being elected as Kenya’s second president.

In July 1980, Moi banned all tribal organizations, the Kenya Civil Servants Union, and the Nairobi University Staff Union.

In June 1982, after Anyona attempted to form a political party, Section 2A was introduced, making Kenya a de jure one-party state. On 2^nd August 1982, a coup d’état was attempted 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), which was open to abuse.

In February 1990, Dr. Robert Ouko, Minister of Foreign Affairs and International Cooperation, was murdered.

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In 1991, Kenya experienced a series of tribal clashes involving Kalenjin and Kikuyu, Kalenjin and Luhyia, and Luos.

Kenya’s political developments from 1991 up to 2011

In December 1991, a parliamentary act repealed the one-party system provisions of the constitution, establishing a multiparty system. The first political party formed under this act was the Forum for the Restoration of Democracy (FORD). In August 1992, FORD leader Masinde Muliro died mysteriously. The first multiparty elections were held in December 1992, with KANU winning against a divided opposition.

In 1994, Jaramogi Oginga Odinga, official leader of the opposition and MP for Bondo, died.

After the 1997 elections, the Inter-Parliamentary Parties Group (IPPG) passed reforms initiating 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 president.

In August 2003, Vice President Wamalwa Kijana died after a short illness; Moody Awori was appointed as his successor. In 2005, the Orange Democratic Movement (ODM) was formed as a campaign tool against the proposed new constitution, led by Raila Odinga.

The 2007 general elections resulted in a political crisis, provoking unprecedented political violence across Kenya.

On 28^th February 2008, former UN Secretary-General Kofi Annan brokered a power-sharing deal between President Mwai Kibaki and opposition leader Raila Odinga, ending the violence. On 17^th April 2008, Raila Odinga was sworn in as Prime Minister, restoring the office after more than forty years.

On 28^th August 2010, Kenya promulgated a new constitution, becoming the first independent African state to depart from the independence constitution.

In 2011, the International Criminal Court at The Hague began criminal proceedings against Uhuru Kenyatta, William Ruto, former Police Commissioner Hussein Ali, Henry Kosgei, Francis Muthaura, and journalist Joshua Arap Sang for their involvement in the 2008 post-election violence.

In June 2011, Dr. Willy Mutunga became Kenya’s first Chief Justice and Nancy Makokha Barasa his deputy under the new constitution.

The Electoral Commission of Kenya (ECK) was replaced by the Independent Elections and Boundaries Commission (IEBC).

The constitutional changes in Kenya in the period between 1963 and 1991

The first Lancaster meeting in 1960 resulted in an interim constitution that failed to grant substantial autonomy to Kenya.

The second Lancaster conference in 1962 negotiated a framework for self-government.

The third and final conference in 1963 led to the drafting and adoption of Kenya’s first independent Constitution by the British Parliament.

The 1963 constitution ended colonial rule and transformed Kenya into a dominion.

It established a parliamentary system with executive powers vested in a cabinet headed by a Prime Minister.

In 1964, the constitution was changed, Kenya became a republic, and the executive became presidential. The senate and regions were abolished.

In 1966, the voting majority to change the Constitution was lowered to two-thirds of MPs. The term ‘region’ was replaced with ‘province.’

A constitutional amendment in 1966 abolished the bicameral legislature and replaced it with a unicameral legislature elected directly by the electorate.

On 28^th April 1966, an amendment required MPs who defected from their sponsoring party to resign and seek re-election.

In May 1966, the Public Security Act empowered the president to detain citizens without trial on grounds of state security. In 1968, the president was empowered to alter provincial and district boundaries and procedures for presidential elections and succession were established. The age qualification for presidential candidates was lowered from 40 to 35 years.

In 1974, an amendment empowered the president to pardon election offenders at his discretion, favoring 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 with KANU as the only lawful party.

In 1987, security of tenure for the Attorney General, Chief Secretary, Comptroller, and Auditor-General was removed; the office of Chief Secretary was abolished. In 1988, security of tenure for Puisne Judges and the Chairman of the Public Service Commission was removed.

A parliamentary act in December 1991 repealed the one-party system provisions, establishing a multiparty system. Multiparty elections were held in December 1992.

Steps towards realization of a new constitution in Kenya since 1997

• In 1997, Parliament passed the Constitution of Kenya Review Act, setting 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 years of struggle, the draft constitution was rejected by Kenyans in a referendum due to disagreements among stakeholders.
• On 28 February 2008, the National Accord and Reconciliation Act (NARA) was signed by President Kibaki and Prime Minister Raila Odinga, establishing arrangements to finalize the constitution.
• In 2008, the Constitution of Kenya Review Act 2008 was passed, and a Committee of Experts (CoE) was established to drive the process. The CoE was chaired by Nzamba Kitonga, with deputy chair Ms. Atsango Chesoni and members including 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).
• On 23 February 2009, CoE members were appointed by the President and sworn in.
• On 17 November 2009, CoE released the draft constitution to the public and invited comments.
• By 23^rd February 2010, CoE submitted the final draft to the Parliamentary Select Committee.
• On 4^th August 2010, Kenya held a constitutional referendum where the new constitution was overwhelmingly endorsed.
• On 28^th August 2010, the new constitution was promulgated, becoming operational and marking Kenya as the first independent African state to depart from the independence constitution.

MULTI-PARTY DEMOCRACY IN KENYA SINCE 1991

Factors that led to the development of multi-party democracy in Kenya after 1991

1. International pressure from multilateral and bilateral donors, who set stringent conditions for aid demanding democratic reforms after the collapse of the Soviet Union.
2. Disunity within KANU, with expelled members seeking political alternatives.
3. Existence of civil society, lawyers, and intellectuals ready to push the democratic agenda, e.g., the Law Society of Kenya led by Paul Muite and Gitobu Imanyara.
4. Success of multiparty democracy in other African countries, such as Zambia.
5. Pressure from church leaders like Alexander Muge, Bishop Henry Okullu, and Rev. Timothy Njoya advocating for governance participation.
6. Massive rigging of elections, notably the 1988 general elections.
7. Political changes in Eastern Europe due to Gorbachev’s liberal reforms.
8. Rampant corruption, including embezzlement and misappropriation of public funds, with critics punished through detention and intimidation.
9. Repeal of Section 2A of the constitution in December 1991.

Role played by political parties in government and national building in Kenya

1. The party with the majority forms the government alone or in coalition.
2. Political parties influence government affairs through participation in legislation.
3. Through elected MPs, parties decide on national development policies and projects.
4. Political parties provide leadership founded on freedom, justice, fair play, and African socialism.
5. Opposition parties scrutinize government expenditure via public accounts and investment committees.
6. Opposition parties hold the government accountable through constant criticism.
7. Opposition parties provide checks and balances against abuse of power.

Challenges of multi-party democracy in Kenya

1. Politicians and officials often incited supporters to expel opposition supporters from certain regions, notably in the Rift Valley.
2. The executive and ruling party misused civil service members to frustrate the opposition; provincial administration was used in rigging flawed elections.
3. Many parties failed to attain a national outlook and were mainly tribal-based.
4. Defections due to bribery weakened some parties.
5. KANU retained control of government machinery (police, radio, television) for a long time.
6. Lack of government funding hindered political parties’ ability to compete.
7. International community interference, with some diplomats openly siding with certain parties.
8. Political parties have been embroiled in internal wrangles, e.g., ODM and Ford Kenya splits.

Disadvantages of the multiparty system

1. Divides people along tribal, regional, and sectarian lines.
2. Sharpens struggles for personality and group dominance over policy implementation.
3. Is a foreign system not conforming to independent Africa’s aspirations.
4. Encourages politics of destabilization.
5. Leads to deadlocks in debates and frequent tensions.
6. Delays decision-making and implementation.
7. Encourages violence, with opposition members regarded as traitors and government as oppressors.

ECONOMIC DEVELOPMENTS AND CHALLENGES

Economic challenges that have faced Kenya since independence

1. Investment stagnation in early independence due to capital transfer by white settlers; government struggled to cultivate investor confidence.
2. Landlessness among Africans due to alienation of arable land, necessitating redistribution.
3. Economic disparity, with former white highlands having better water, electricity, and roads than other areas.
4. Urban overpopulation from rural-urban migration, straining facilities and causing unemployment.
5. Control of the economy by Europeans before and after independence, e.g., farm ownership and key industries.
6. Lack of qualified manpower for technical sectors, addressed by Session Paper No. 10 of 1965.

Types of landholding in Kenya

Land tenure refers to the terms and conditions under which land is acquired, used, or transferred.

At independence, landholding was mainly communal, with land belonging to the whole community. Access was open to all members, with elders or clan heads controlling and advising on land use.

Colonial land alienation transformed land into a commodity, leading to:

1. Widespread landlessness as Africans lost ancestral lands.
2. Reduced land availability causing pressure as population grew.
3. Land quality deterioration due to fragmentation.
4. Overstocking leading to soil erosion.
5. Displacement of pastoral and agricultural communities, causing famine and livestock diseases.
6. Disintegration of social and cultural institutions due to fixed ethnic boundaries separating communities.

The Mau Mau wars, a consequence of land alienation bitterness, led to land reforms under the Swynnerton Plan of 1954, which introduced land consolidation, adjudication, and registration—programs inherited by the Kenyan government at independence.

Land Adjudication: verification of individual or group land rights within an area.
Land consolidation: merging fragmented land into single economic units.
Land registration: recording land rights and issuing title deeds.

The post-colonial land holding system in Kenya

After independence, land tenure was categorized as private or modern, communal or customary, public or state, and open access.

Private land comprised 6% of total land area.

Government-owned former crown land comprised 20%, including national parks, public forests, alienated land (acquired from customary owners for government or private use), and unalienated land (not leased or allocated).

Trust land comprised 64% as of 1990, including former native areas awaiting smallholder registration to convert to private tenure.

Land ownership has been a source of conflict, as seen in post-election violence after 2007. Historical injustices have often related to land.

In 2010, land ownership was classified under the new constitution as:

1. Public land
2. Community land
3. Private land

Public land

Public land is held by central or local government and includes:

• Unalienated land not set aside for any purpose.
• Land for public utility or occupied by the State as lessee.
• Land transferred to the State by sale, reversion, or surrender.
• Land with no identifiable individual or community ownership.
• Land with no identifiable heir.
• All minerals and mineral ores.
• Government forests, game reserves, water catchment areas, national parks, animal sanctuaries, and protected areas.
• All roads and thoroughfares.
• All rivers, lakes, and other water bodies.
• The territorial sea, exclusive economic zone, and seabed.
• The continental shelf.
• All land between high and low water marks.
• Any other land declared public by an Act of Parliament.

Community land

Community land is owned by groups based on customary norms, not formal registration, and includes:

• Land registered in the name of group representatives.
• Land legally transferred to specific communities.
• Land declared community land by an Act of Parliament.
• Land held, managed, or used by communities as forests, grazing areas, or shrines.
• Ancestral lands and lands traditionally occupied by hunter-gatherer communities.
• Land held as trust land by county governments, excluding public land held in trust.

Private land

Private land includes land, houses, and buildings held under registered entitlement (freehold or leasehold), consisting of:

• Registered land held under freehold tenure.
• Land held under leasehold tenure.
• Land declared private by an Act of Parliament.

Note:

• Non-citizens may only hold land by lease for up to ninety-nine years.
• A corporate body is recognized as a citizen for land ownership only if wholly owned by citizens.
• Trust property is recognized as held by a citizen only if all beneficial interests are held by citizens.

Land policies since independence

Land reforms since 1963 involved:

1. Transfer of land from European large-scale farmers to Africans.
2. Land consolidation and registration, where the government purchased European farms and subdivided them among African holders.

Settlement schemes on former European farms included:

1. The Million Acre Scheme (1963), settling African families on 13.5 hectares each.
2. The Harambee Scheme (1969), settling families on 16.25 hectares each.
3. The Haraka Scheme, settling squatters on small plots in Central, Coast, Eastern, and Rift Valley provinces.
4. Shirika Scheme (1971), settling landless and unemployed on former European lands with cooperative management; this scheme failed as people preferred individual ownership.

These schemes failed to solve landlessness adequately; politically connected individuals acquired large tracts, often underutilized. Some schemes are in harsh climates and unviable without irrigation.

Several commissions have addressed land issues, including the 2001 Njonjo Commission and the 2003 Ndung’u Commission, whose recommendations remain unimplemented. By 1983, 29 districts had benefited from land adjudication and registration, a process begun in the 1950s in Central Kenya and expanded after 1963.

Benefits of the land reforms in Kenya

1. Farmers could use land title deeds to obtain bank loans for farm expansion.
2. Land titles enabled confident land purchases without fear of alienation.
3. Thousands of landless people gained land ownership.
4. Dairy and cash crop production increased.

Land ownership by non-citizens

Non-citizens may only own land on leasehold tenure not exceeding 99 years.

Principles that govern utilization of land in Kenya

1. Equitable access to land. All society members must have equal access to this vital resource.
2. Transparent and cost-effective land administration. State institutions must ensure accountable land management.
3. Elimination of gender discrimination. Discrimination against women in land ownership and access must be eliminated.
4. Sustainable and productive land management. Land should be managed for maximum productivity.
5. Conservation and protection of ecologically sensitive areas. Measures include prohibiting settlement and agriculture in water catchment areas and zoning forests.
6. Encouragement of community-based land dispute resolution. Disputes should be resolved consistent with the constitution.

Ways in which the Kenya government has solved land-related problems since independence

1. Communal land issues addressed through demarcation and adjudication, converting traditional ownership to modern freehold tenure.
2. Landlessness addressed by resettlement schemes dividing large farms among the landless, e.g., Mwea Tebere, Bura, Shirika.
3. Marginal lands put to productive use via irrigation and drainage schemes.
4. Restrictions on movement from reserves were removed, decongesting reserves and enabling arable farming.
5. Land consolidation policies merged scattered plots into single holdings.
6. Land reclamation measures brought unused land into productive use.
7. The National Land Commission was established to manage public land.

The National Land Commission

Functions of the National Land Commission

1. Manages public land on behalf of national and county governments.
2. Advises the national government on comprehensive land registration programs.
3. Investigates historical injustices related to land and recommends actions.
4. Encourages traditional dispute resolution methods in land conflicts.
5. Recommends national land policy to the government.
6. Assesses land tax and premiums on immovable property.
7. Monitors land use planning nationwide.

Development in agriculture since independence

Post-independence, the government encouraged small-scale coffee and tea farming over colonial large-scale farming. The Agricultural Development Corporation (ADC) managed large farms in western, Rift Valley, and Coast provinces, specializing in seed production and high-quality dairy and beef cattle.

The Kenya Agricultural Research Institute (KARI) in Muguga near Kikuyu was established to identify suitable crop breeds for different soils.

Irrigation schemes expanded in marginal areas such as Mea (Central), Bura (Coast), Ahero (Nyanza), and Perkerra (Central).

Development authorities like TARDA, KVDA, and LBDA were created to manage water catchment areas effectively.

Challenges facing Kenya’s agricultural sector

1. The 1984 drought and famine required relief food supply.
2. Population growth outpaced agricultural production increases.
3. From the late 1970s, world market prices for agricultural commodities fell drastically while input costs remained high.
4. Corruption and mismanagement in cooperatives reduced earnings for key cash crops.
5. Research land grabbing by corrupt officials affected research institutes.
6. Poor infrastructure discouraged farming, especially during rainy seasons.
7. Ethnic clashes and post-election violence discouraged farming due to insecurity.
8. Poor technology led to low yields; reliance on rain and primitive tools persists.
9. Pests destroy farm yields before processing.
10. Competition from COMESA members and industrialized powers frustrates Kenyan farmers.

Industrial developments in Kenya since independence

Kenya’s industrial sector was shaped by colonization, characterized at independence by foreign capital dominance and agricultural sector dominance.

Factors that facilitated industrial development in Kenya since the colonial era

1. Availability of raw materials like trona (soda ash) at Lake Magadi, fluorspar at Kerio Valley, and lime in various regions.
2. Fish resources from numerous water bodies supporting fish-processing industries.
3. Expansive forests providing timber for furniture industries.
4. Rich scenery (Mt. Kenya, Mt. Elgon, Aberdares) and wildlife promoting tourism.
5. Rivers providing water for hydroelectric power (HEP) production.
6. Population growth ensuring labor supply and market demand.
7. Transport and communication infrastructure linking production zones, industries, and markets.
8. Rich agricultural lands producing raw materials like coffee, tea, sugarcane, sisal, and fruits.

Measures taken by the Kenyan government to promote industrial development since independence

1. Decentralization programs to spur development in new areas, establishing industries in rural regions.
2. Funding new markets for industrial products.
3. Improving infrastructure through roads, railways, and water transport.
4. Addressing power needs by constructing the Seven Forks Dam to supplement power from Uganda.
5. Implementing favorable policies to attract investors.
6. Introducing protective tariffs to reduce imports and protect infant industries.
7. Supporting industrial development through cooperatives and funding agencies like ICDC, DFCK, and the Industrial Development Bank.
8. Ensuring political stability, crucial for industrial growth.

Factors that have hindered industrial development in Kenya

1. Multinational corporations repatriate capital, limiting Kenya’s progress.
2. Shortage of strategic raw materials like petroleum, diamonds, and cotton; many industries rely on imports.
3. Foreigners in managerial positions often implement unfriendly policies.
4. Mismanagement and lack of transparency in parastatals.
5. Overconcentration of industries in few areas, causing social problems.
6. Competition from industrialized nations producing high-quality goods.
7. Poverty limits domestic markets, hindering industrial growth.
8. Low technology results in small production quantities.

Further reading on industrial development is available in Evolving World Book 4, pages 162-164.

Social Development and challenges since independence

Education

To address inherited problems in education (poor quality and facilities), the government:

1. Amended the constitution in 1975 to give Kiswahili a respected position.
2. Established several educational commissions to streamline education.
3. Employed the Harambee strategy to expand educational facilities.

Education Commissions

1. The Kenya Education Commission (1964) (Ominde Commission) recommended curriculum overhaul for relevance.
2. The National Committee on Education Objectives and Policies – Gachathi Commission (1976) considered establishing a second university.
3. Presidential Working Party on the Second University – Mackey Commission (1982) established the 8-4-4 system and emphasized vocational subjects like art, music, agriculture, and home science.
4. The Kamunge Commission (1988) recommended cost-sharing in education.
5. The Koech Commission (1999) recommended reintroducing A-levels via Totally Integrated Quality Education and Training.

Main developments in education in Kenya since independence

In 1975, Kiswahili became the official language of parliament and schools. The Ministry of Education established structures from district to national levels to fulfill educational objectives.

Many schools were built using the Harambee strategy.

In 1980, the government took responsibility for pre-primary education.

In the 1990s, the government and UNICEF promoted early childhood education.

By 1998, university enrollment exceeded 40,000. In 1969, the Ministry took over primary education administration, increasing enrollment.

In 1978, the school milk program encouraged attendance, especially in drought-prone areas; it stalled in 1990 but increased enrollment.

The Ministry launched a school feeding program targeting dry areas. In 2002, the NARC government introduced Free Primary Education.

Further reading on elementary and tertiary education is available in Evolving World.

Health

Measures taken to improve the health sector in postcolonial Kenya

1. The Ministry of Health was created to oversee health matters.
2. Health facilities expanded through Harambee and donor funds, e.g., Nyanza Provincial Hospital (Russian Hospital).
3. Health training institutions, such as medical training colleges, were established.
4. Hygiene improved through provision of piped water.
5. Research institutions on human diseases, e.g., KEMRI, were established.
6. Basic education was provided to uplift hygiene standards.
7. Free anti-retroviral and anti-malaria drugs were provided.

Major challenges facing the Health sector in Kenya

1. Population increase strained healthcare services, causing shortages of doctors and facilities.
2. Cost-sharing policies introduced in the 1980s limited access for the poor.
3. HIV/AIDS and other diseases like diabetes and heart disease worsened health challenges.
4. Cultural practices like female genital mutilation complicated medical service provision.
5. Environmental pollution increased allergy-related ailments.
6. Poverty and malnutrition increased vulnerability to diseases.
7. Illegal abortion and early pregnancies endangered mothers’ lives.
8. High rates of accidents and injuries, especially on roads.

Ways through which the government has encouraged the preservation of African culture since independence

1. Creation of the Ministry of Culture and Social Services to promote cultural and social values.
2. Inclusion of cultural studies in the syllabus.
3. Music included as a subject in the national curriculum.
4. Promotion of annual music and drama festivals for cultural exchange.
5. Encouragement of intermarriage between ethnic groups.
6. Development of cultural heritage centers at the Bomas of Kenya, National Archives, and Museums.
7. Schools encouraged to admit students from diverse communities.
8. Media houses allowed to play traditional music and dance.

Students should read about sports, literature, theatre, music, and dance in Evolving World, page 174.