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History of Parliament

 

The First Lancaster House Constitution Conference
The results of the First Lancaster House Constitution Conference caused major changes to the Lennox-Boyd Constitution. These were condensed into a new constitution the Macleod Constitution, named after its chairman, the Colonial Secretary. Deliberations of the Macleod Constitution were concluded and signed on February 21, 1960 . The Macleod Constitution made provision for a sixty-five elected Members and twelve National Members Legislative Council.

The sixty-five seats for elected Members were distributed as follows, thirty-three for Africans, ten for Europeans, eight for Asians and two for Arabs. National Members were elected by the Legislative Council sitting as an electoral college by proportional representation resulting into four each for Africans and Europeans, two non-Muslim Asians, one Muslim Asian and one Arab. In addition, there were three ex-official Members and the Speaker. A General Election was held to implement the provisions of the Macleod Constitution. Primary elections were held for the seats reserved for Europeans, Asians and Arabs among electorates of their representative communities, in order to ensure that the candidates commanded the effective and genuine support of their constituents.

In the Macleod Constitution, provision was also made for appointment of a Council of Ministers. The Governor appointed and allocated portfolios to the twelve Ministers. The Council of Ministers comprised four ex-officials, four Africans, three Europeans and one Asian.

The results of the First Lancaster House Constitution Conference on the whole fell short of the expectations and demands of both the Africans and Europeans. Consequently, while the Africans accepted to work within the Macleod Constitution, they nevertheless expressed strong reservations regarding the qualifications required of Africans in order to register as voters, the proportion of Africans on the Council of Ministers and status and distribution of the National seats among the three races. On their part, the Europeans were opposed to the entire package of the Macleod Constitution, specifically because it did not offer adequate safeguard to their interests. On the basis of this, the African representatives intensified the struggle for a rightful share of power. The European representatives pressed on with whatever proposals that appeared to offer tangible safeguards to their interests.
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The Second Lancaster House Constitution Conference
The Second Lancaster House Constitution Conference was held in February, 1962, and resulted into agreement on a firm frame work for a new constitution. This conference, like the first, was chaired by the Secretary of State for the Colonies, Mr. Reginald Maulding. The delegations to the second conference comprised five main groups viz: the Kenya African National Union - K.A.N.U., led by Mzee Jomo Kenyatta; the Kenya African Democratic Union - K.A.D.U.; led by Ronald G. Ngala, the Kenya Coalition, led by Mr. L.R.M. Welwood; the Mwambao United Front, led by Mr. O. Basaddiq; and the Kenya Cross Benchers. In addition, the conference created two special Representative Groups to discuss matters relating to the Maasai Agreements of 1904 and 1911 and matters relating to the Northern Frontier District.
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Steps to Independence
The framework of the agreed constitution consisted of:

  • a bicameral Legislature, elected by common adult suffrage;
  • the Lower House or House of Representatives to comprise one hundred an seventeen Members from single-member constituencies; and twelve Specially Elected Members, to be elected by the House of Representatives sitting as an electoral college;
  • the Upper House or the Senate, to comprise one Member from each of the forty-one districts; the Senate was to have special powers with respect to bills to amend the constitution; a strong and effective Central Government, responsible to the Central Parliament, to be responsible for external affairs, defence, et cetera on;
  • regional Assemblies to be established in the seven regions, to ensure the maximum possible decentralization of the powers of Government;
  • changes in the constitution would require a majority of seventy-five per cent of each House, except that with regard to particular changes which affect the entrenched rights of individuals, regions, ethnic authorities or districts, the majority in the Senate would have to be ninety per cent.

In early July, 1962 the Secretary of State for the Colonies Mr. Maulding visited Kenya , to review the constitution with the Council of Ministers. A further conference was to be held prior to independence to work out any final details.

Following the foregoing constitutional talks, a Coalition Government was formed by the two main Parliamentary Groups, K.A.N.U. and K.A.D.U. The leaders of both parties were appointed Ministers of State one with responsibility for Constitutional Affairs (in liaison with the Office of the Governor) and Administration; and the other Minister of State for Constitutional Affairs and Economic Planning (in liaison with the Office of the Governor).
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Madaraka Day
Final constitutional review and consultations were held in Nairobi in February 1963 at which agreement was reached for an Internal Self Government to assume office on June 01, 1963 , and full independence six months later. Since then, June 01, 1963 is remembered and celebrated as Madaraka Day. A general election was held in the period May 18-25, 1963 ; out of which the Kenya African National Union led by Mzee Jomo Kenyatta won an overall majority against the Kenya Democratic Union led by Mr. Ronald Gideon Ngala and the African People's Party led by Mr. Paul Joseph Ngei.
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Uhuru Day
The interim period of Internal Self-government, did not witness any major constitutional changes. The constitutional provisions finalized in February, 1963 remained virtually the same.At midnight on December 11, 1963 , Kenya regained Independence from the United Kingdom.

Kenya remained a dominion within the British Commonwealth , with a Governor-General representing Her Majesty locally and a Government headed by a Prime Minister. Mzee Jomo Kenyatta, leader of the majority party in Parliament, became the first Prime Minister, heading a cabinet of fifteen Ministers and thirteen Parliamentary Secretaries. The late Ronald Gideon Ngala, leader of K.A.D.U. and Mr. Paul Joseph Ngei, leader of A. P. P. formed a Coalition Opposition under leadership of the former.
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Table of Contents

 

A brief History

Steps to Independence

Post Independence

Presiding in the Legislature