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 Form 2 History and Government Lessons: Constitution and Constitution Making

Constitution making process in Kenya in pre-colonial, colonial and post-colonial eras.

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Constitution making process in Kenya in pre-colonial, colonial and post-colonial eras.
Pre- colonial era.
-The rules and regulation that formed the constitutional basis of pre-colonial communities in Kenya were mainly formulated by the councils of elders and then handed down from generation to generation.
-The constitution was unwritten constitution guiding only the political, economic and socio-cultural activities
Colonial Era (1885- 1960)
-Kenya was under the British colonial rule after the Berlin Conference up to 1963.
- The constitutional developments in the country were greatly influenced by
the settlement of immigrant communities like the white settlers, the Asians and Christian missionaries.
- The turning point in Kenya’s pre-colonial constitutional developments was the outbreak of Mau Mau war and subsequent declaration of a State of Emergency on 20th October 1952 by Sir Evelyn Barring. -When the colonial secretary
Oliver Lyttelton visited Kenya in 1954, he proposed the following constitutional reforms.
- Establishment of a multi-racial council of ministers representing the three races setting ground for two Indian and one African minister (B. A Ohanga became the first African Minister)
- It Proposed direct representation of Africans in the LEGCO.
- Lifting the ban on African political parties/district associations.
-In 1958, a new constitution was proposed by Lennox Boyd. The constitution led to increased number of elected Africans in the legislative council (from 8 to 14). It led to introduction of multi-
racial representation in the legislative council.
-The African elected members demanded for a constitutional conference culminating into the independence constitution.


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