Background to constitution-making and decolonization -- Pressures for a new constitution : Kenya, 1960-61 -- Majimbo takes center stage -- The battle for Majimbo : Lancaster House II -- Making the constitution, April-December 1962 -- Completing the constitution, December 1962-April 1963 -- The 1963 election and setting a date for independence -- Change the constitution part 1, April-September 1963 -- Change the constitution part 2 : Lancaster House III and Kenya's independence constitution, September-December 1963 -- Constitution-making : Uhuru na Majimbo.

Kenya, like the rest of Africa, has gone through three sets of constitutional crises. The first related to the trauma of colonialism and struggle for independence. The second a period of constitutional dictatorship and the clamor for reform. The third, most recent crisis, being one of identity, legitimacy and the inability of the state to discharge its functions which has resulted in civil unrest, violent ethnic conflicts, poverty, social exclusion and inequality. The Making of the Constitution of Kenya examines the processes, issues and challenges of constitution making, governance and legitimacy in that country and the lessons that can be learned for others on the continent. Equipping the reader with a sound historical perspective on constitutional developments and the crisis of constitutional legitimacy in Kenya it gives an invaluable insight into the normative and political complexities involved in evolving a truly democratic and widely acceptable constitutional order in Africa.

Kenya's Independence Constitution: Constitution-Making and End of Empire, by Robert M. Maxon, is a narrative of the evolution of the constitution that was put into effect as Kenya's history as a colonial possession came to an end. It details the attempts of the colony's political elite and the British Colonial Office to find a constitutional means to move Kenya to the status of independent state. As this process moved forward, political ethnicity assumed central significance. This produced an environment in which demands for a federal constitution, popularly termed majimbo, came to dominate constitutional discourse. Deep disagreement among Kenya's political elite over this issue marked the remainder of the colonial period. That elite, now represented by the Kenya African National Union (KANU) and the Kenya African Democratic Union (KADU), advocated different constitutional paths to independence. KADU's demands for a majimbo constitution dominated discourse during 1962 and early 1963, but deep disagreement characterized the constitutional negotiations. This resulted in a constitution for self-government (introduced on June 1, 1963) that was regional in character but fell short of a federal system. Almost as soon as it came into existence, this constitution faced pressure for substantial change from KANU, the party that won the 1963 general election. As a result, the British government was forced to make alterations in what became the independence constitution. The latter proved a prelude to the destruction of majimbo a year later. Kenya's Independence Constitution provides the first in-depth description of the final stage of colonial Kenya's constitutional evolution. The book not only provides a detailed account of the process of constitution-making, including definitive treatments of the final two constitutional conferences of 1962 and 1963. Utilizing British and Kenya cabinet papers and secret intelligence reports never featured in earlier accounts, the narrative also destroys many of the myths that have long been associated with Kenya's decolonization, such as the alleged favoritism for federalism and support given by the colonial state and Colonial Office to KADU and the reasons for KANU's hostility to the self government constitution. It makes a particularly significant contribution by illuminating the genesis of KADU's majimbo policy and emphasizing the African agency involved. The book is most timely as the Kenya political elite struggles to find a new constitutional order to replace that which had its roots in the independence constitution.

Kenya’s nationalism during the colonial period was marked by two main characteristics that feature in this book. First, the struggle for independence that was mainly characterized by the claim for land that had been taken away by the colonizers. Second was the struggle for autonomy and self-determination, mainly through political resistance. The authors in this book analyse historical trajectories of Kenya's nationalism trends while highlighting the role of political leaders, large as well as small ethnic groups, perennial conflicts, community as well as religious leaders, among others. The discussions demonstrate that quest for a national identity that is inclusive at all levels – whether politically, economically, religiously and ethnically – has marked Kenya's struggle for nationalism, sometimes leading to violence, especially during election periods, national unity through political coalitions and reconciliation, as well as institutional reforms. In conclusion, the authors demonstrate that while Kenya is gradually advancing towards national cohesion, there are still many challenges yet to be surmounted.

Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.

The first study to use Jomo Kenyatta's political biography and presidency as a basis for examining the colonial and postcolonial history of Kenya.

Advocacy for federalism in Kenya emerged amidst World War II and its aftermath. The rapidly changing political, economic, and social environment in Great Britain and British colonies in Africa formed the background for uncertainty and concern for the future among Kenya's European settler minority. Federalism's appeal came forth among a portion of the European community and some of the colonial rulers who were concerned about a post-war world that seemed certain to bring far reaching changes in Britain's most important East African dependency. These included democratization, the extension of civil liberties, increased economic opportunities for the African majority, and social integration leading to eventual decolonization. European anxiety as to the impact of such changes on their privileged political, economic and social status produced advocacy for majimbo or a federal system of governance between 1940 and 1960. This advocacy for federalism emerged in a colonial political system defined by a racially differentiated electorate with separate representative systems and voting by racially defined groups. The European minority in Kenya enjoyed pride of place in 1945, but demands for greater political participation from the larger Asian and African communities and the British government's support for a sharing of power among Kenya's racial group placed Kenya's Europeans on the defensive. The declaration of a state of Emergency in Kenya in October 1952 and the outbreak of the Mau Mau war/rebellion added to European concerns and uncertainties that provided powerful fuel for federalist ideas throughout the rest of the decade. For example, the political reforms pushed by the British government and the colonial state in response to the war/rebellion provoked enhanced calls for federalism among the vocal minority among the European community. Federalism remains a controversial topic in Kenyan history and in contemporary Kenya. In the current century, federal advocacy has been viewed by scholars and public as responsible for outbreaks of pre- and post-election violence. The movers and motives of federal advocates is also a subject that provokes strong opinions as they have often been viewed as racists or tribalists. It is thus important to examine and analyze the movers of majimbo, their motives, the shape and substance of their schemes, and the reasons for their lack of success in moving late colonial Kenya to adopt a federal system. This book demonstrates that the decade of the 1950s was the high water point for federalism in Kenyan history. Finally, it is critical to closely review that decade's federalist advocacy in light of Kenya's adoption of a federal scheme of governance with the 2010 constitution. This is the first detailed study of federalism in Kenya during the 1940s and 1950s that provides important grounding and background for the understanding of the later emergence of majimbo in the independence era (1961-1963) and later. The book identifies the movers of federalism during the period of study as well as providing in-depth analysis of the political parties they used to promote provincial autonomy and evolution plans. These include the Federal Independence Party, the Progressive Local Government Party, and the United Party. The analysis reveals that the movers backed majimbo as a defensive mechanism. They hoped it would serve as a means of protecting and perpetuating white privilege in terms of political dominance, segregated schools and public facilities, and, most of all, exclusive European control of a large portion of the colony's productive farm land, the white highlands. Majimbo in Kenya's Past is an important book for African studies, history, and politics.

The golden thread that cuts across the various chapters of the book is the emphasis that good constitutions anchor certain tenets that have garnered recognition as hallmarks of democratic dispensation. These hallmarks include the concept of separation of powers; the doctrine of the rule of law; constitutionalism and human rights. These attributes have largely been secured by the 2010 Constitution. Thus, this book is expected to contribute to this new promise by making knowledge on the Constitution accessible through breaking down and contextualising its provisions. It is certain to be useful to law and government students, lawyers, researchers and other persons who seek to understand the new constitutional order.

As with his critically acclaimed book on Suez, Keith Kyle revisits as a scholar ground that he first covered as a print and television journalist. After three introductory chapters covering the years 1895-1957, the core of the book examines in lively detail how Kenya moved from Mau Mau trauma to national freedom. The immediacy of the eye-witness, which older readers will remember from television reports, is now combined with the fruits of reflection and meticulous archival research to create a unique authoritative study of this vital period for Kenya, for Africa and for the British Empire.