Britain and Kenya’s Constitutions, 1950–1960 By Robert Maxon

Decolonization

Constitution making during the 1950s was also part of Kenya’s decolonization process. The emergence of a successor to the colonial state involved the development of an appropriate and acceptable constitutional order. Kenya’s experience after World War II can not and should not be looked upon in isolation, and the focus here will be on metropolitan, Kenyan, and East African factors. Experience in other parts of Africa was also influential. As is seen in subsequent chapters, for example, Ghana had a considerable impact on the course of Kenya’s decolonization, though not as significant as Tanganyika’s.

Moreover, the process of ending empire produced different goals and objectives for the colonizer and the colonized, as in other parts of the British Empire. For the colonizer, it was hoped to bring an end to colonial rule through an orderly transition and thereafter the maintenance of cordial relations. For the African nationalist, this meant the regaining of lost independence and the working out of a new beginning.²⁴ This book seeks to present the perspectives of both the colonized and the colonizer, but it is not intended to provide a detailed account of the Kenyan politics of the 1950s. Rather the primary focus is on the impact of the decolonization process on constitution making in Kenya. During the 1950s, moreover, Britain did not forecast independence in that decade. The emergence of a successor state in Kenya was seen as a gradual and orderly process; undue haste was to be avoided.

Overall, Kenya’s politics of the post–World War II era was characterized by particularly deep racial suspicion as political, economic, and social tension emerged. Deepening mistrust and a lack of communication distinguished this process. It produced growing African militancy that spawned increasingly violent acts.²⁵ The latter was a significant factor leading to the declaration of a state of emergency by the colonial state in October 1952 and the subsequent outbreak of the Mau Mau Rebellion. The violence generated by the rebellion and its suppression form the background to constitution making in the 1950s. This must be remembered, though this book places its focus on constitutional issues.²⁶ It has long