DOCSLIB.ORG

The Presidency and Public Authority in Kenya's New Constitutional Order

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Presidency and Public Authority in Kenya's New Constitutional Order Constitution Working Paper Series No. 2 The Presidency and Public Authority in Kenya’s new Constitutional Order The Presidency and Public Authority in Kenya’s new Constitutional Order The Presidency and Public Authority in Kenya’s new Constitutional Order Ben Sihanya SID Constitution Working Paper No. 2 ii The Presidency and Public Authority in Kenya’s new Constitutional Order The Presidency and Public Authority in Kenya’s new Constitutional Order Constitution Working Paper No. 2 Published by: Society for International Development (SID) Regional Office for East & Southern Africa Britak Centre, First Floor Ragati/Mara Road P.O. Box 2404-00100 Nairobi, Kenya Tel. +254 20 273 7991 Fax + 254 20 273 7992 www.sidint.net © 2011, Society for International Development (SID) ISBN No: 978-9966-029-01-0 Printed by: The Regal Press Kenya Ltd. P.O. Box 46166 Nairobi, Kenya Design & Layout: Sunburst Communications Ltd. P.O. Box 43193-00100 Nairobi, Kenya Email: [email protected] SID Constitution Working Paper No. 2 The Presidency and Public Authority in Kenya’s new Constitutional Order iii Abstract The role of the presidency in Kenya has animated and dominated popular and political discourses on constitution making, constitutional processes, and constitutional review and implementation, as well as political processes, since 1963. This study pursues a structured juridical-academic and policy discourse on the presidency in Kenya through four inter-related issues. First, the study reviews the evolution of the office of the presidency in Kenya since 1963. This includes the Jomo Kenyatta regime (1963–1978) and the politics of power, resource distribution, and the rise of the imperial and populist presidency. Then came the Daniel arap Moi presidency (1978– 2002), which sought to consolidate the imperial and populist tradition of the Kenyatta era. Mwai Kibaki’s presidency in the pre-coalition phase (2002–2007) was largely a continuum of the Kenyatta–Moi administrations. Finally, precipitated by the urgent need to stem the violence following the 2007 presidential election, the Grand Coalition Government of Kibaki’s Party of National Unity (PNU) and Raila Odinga’s Orange Democratic Movement (ODM) (2008–) ushered in a semi-presidential system without parallel; in these years the exercise of presidential power became somewhat circumscribed. Second, the paper explores the various types of bureaucracy based at State House or centred on the presidency. These include the Cabinet, the provincial administration and State House. Third, it assesses the impact of the presidency and the associated bureaucracy on public authority and public administration. Finally, the study evaluates the impact of the Constitution of Kenya 2010 on the presidency, public authority and public administration. It reviews the normative, institutional and structural checks and balances, including the provisions of the Bill of Rights and decentralization (or ‘devolution’), and their effect on the presidency and the exercise of public authority. Further, the study assesses other constitutional institutions like the Judiciary, Parliament and the restructured Executive. These are explored in light of the impact these institutions are likely to have on the presidency, as well as on the exercise of public power and public authority in Kenya generally. SID Constitution Working Paper No. 2 iv The Presidency and Public Authority in Kenya’s new Constitutional Order Prof. Ben Sihanya holds a Juridical Science Doctorate (JSD) from Stanford Law School, USA. A scholar and public intellectual, he has 20 years of experience in teaching, research, consulting and inter-disciplinary public interest law, with a focus on intellectual property, constitutionalism, education law and ICT law. He has published and spoken on these topics in Africa, the USA, Europe and South America. He is the founder CEO of Innovative Lawyering and Sihanya Mentoring, Nairobi and Siaya. He teaches law and he is a former Dean at the University of Nairobi Law School, and a member of the national Task Force to Realign Education to the 2010 Constitution and Vision 2030. SID Constitution Working Paper No. 2 The Presidency and Public Authority in Kenya’s new Constitutional Order v The SID Constitution Working Paper Series In 2010, on the cusp of Kenya’s new constitutional In the first set of papers, Dr Joshua Kivuva, Prof. dispensation, the Society for International Ben Sihanya and Dr. Obuya Bagaka, separately Development (SID) embarked on a project examines how the new constitution has re-ordered called ‘Thinking, Talking and Informing Kenya’s nature of Kenya’s post-colonial state, especially Democratic Change Framework’. Broadly stated, how it has deconstructed the logic of state power the objective of the project was both historical and and rule, deconstructed the ‘Imperial Presidency’, contemporary: that is, to reflect on Kenyans struggles and how it may re-constitute the notorious arm of for a democratic order through a book project, and post-independent Kenya’s authoritarian rule: the to examine the significance of a new constitutional provincial administration. order and its legal and policy imperatives, through a Working Paper Series. The next set of papers in this series, by Dr. Othieno Nyanjom and Mr. Njeru Kirira, separately looks Consequently, SID commissioned research on some at the administrative and fiscal consequences of of the chapters or aspects of the new constitution that Kenya’s shift from a unitary-state to a quasi-federal require further policy and legislative intervention, state system. Whereas Dr. Nyanjom examines culminating in ten Working Papers. These papers, the anticipated administrative and development mostly by Kenyan academics, are intended to help planning imperatives of devolving power; Mr. Kirira shape public discussions on the constitution and to examines the anticipated revenue and expenditure build a stock of scholarly work on this subject. concerns, which may arise in a state with two- tier levels of government. Both discussions take These papers seek to contextualize some of the key place within the context of a presidential system of changes brought about by the new constitutional government that the new constitution embraces. order, if only to underscore the significance of the promulgation of the new constitution on August The paper by Dr. Musambayi Katumanga examines 27, 2010. The papers also seek to explore some the logic of security service provision in post-colonial policy, legislative and institutional reforms that may Kenya. Dr. Katumanga argues that Kenya needs to be necessary for Kenya’s transition to a democratic shift the logic of security from regime-centred to order. citizen-centred security service provision. However, despite several attempts in the recent past, there are The Working Papers explore the extent to which still several challenges and limitations which Kenya the new constitution deconstructs the Kenyan post- must redress. The new constitution offers some room colonial state: how it re-calibrates the balance of for instituting a citizen-centric security reforms. power amongst branches of government and reforms government’s bureaucracy; redraws the nature of The paper by Prof. Paul Syagga examines the vexed state-individual relations, state-economy relations, question of public land and historical land injustices. and state-society relations; and deconstructs the It explores what public land is, its significance and use of coercive arms of the government. Lastly, how to redress the contention around its ownership the papers examine some of the limitations or use. Similarly, the paper examines what constitutes of the new constitution and the challenges of historical land injustices and how to redress these constitutionalism. injustices, drawing lessons from the experiences of SID Constitution Working Paper No. 2 vi The Presidency and Public Authority in Kenya’s new Constitutional Order other states in Africa that have attempted to redress the public and academic discussions on Kenya’s similar historical land and justice questions. new social contract in a manner that secures the aspiration of the Kenyan people. The papers by Dr. Adams Oloo, Mr. Kipkemoi arap Kirui and Mr. Kipchumba Murkomen, separately SID would like to sincerely thank all those who examines how the new constitution has reconfigured have made the publication of these papers possible, representation and legislative processes. Whereas especially those who participated in the research Dr. Oloo examines the nature of the Kenya’s conceptualization meeting and peer-reviewed the electoral systems, new provisions on representations papers such as: Dr. Godwin Murunga, Prof. Korwa and its limitations; arap Kirui and Murkomen look at Adar, Ms. Wanjiru Gikonyo, Dr. Joshua Kivuva, Dr. the re-emergence of a bicameral house system and Richard Bosire, Dr. Tom Odhiambo, Ms. Miriam the challenges of legislation and superintending the Omolo and Dr. Mutuma Ruteere, for their invaluable executive. input. If the other nine papers examine the structural Lastly, we would like to acknowledge the invaluable changes wrought by the new constitution; the tenth support of the SID staff: Hulda Ouma, Irene Omari, paper, by Mr. Steve Ouma, examines the challenges Gladys Kirungi, Jackson Kitololo, Aidan Eyakuze, and limitations of liberal constitutional order, Edgar Masatu, Stefano Prato, and Arthur Muliro; especially the tensions between civic citizenship as well as Board members Sam Mwale and Rasna and cultural citizenship from an individual
Load more

Recommended publications
  • Kenya Election History 1963-2013
    KENYA ELECTION HISTORY 1963-2013 1963 Kenya Election History 1963 1963: THE PRE-INDEPENDENCE ELECTIONS These were the last elections in pre-independent Kenya and the key players were two political parties, KANU and KADU. KADU drew its support from smaller, less urbanized communities hence advocated majimboism (regionalism) as a means of protecting them. KANU had been forced to accept KADU’s proposal to incorporate a majimbo system of government after being pressured by the British government. Though KANU agreed to majimbo, it vowed to undo it after gaining political power. The majimbo constitution that was introduced in 1962 provided for a two-chamber national legislature consisting of an upper (Senate) and lower (House of Representative). The Campaign KADU allied with the African People’s Party (APP) in the campaign. KANU and APP agreed not to field candidates in seats where the other stood a better chance. The Voting Elections were marked by high voter turnout and were held in three phases. They were widely boycotted in the North Eastern Province. Violence was reported in various parts of the country; four were killed in Isiolo, teargas used in Nyanza and Nakuru, clashes between supporters in Machakos, Mombasa, Nairobi and Kitale. In the House of Representative KANU won 66 seats out of 112 and gained working majority from 4 independents and 3 from NPUA, KADU took 47 seats and APP won 8. In the Senate KANU won 19 out 38 seats while KADU won 16 seats, APP won 2 and NPUA only 1. REFERENCE: NATIONAL ELECTIONS DATA BOOK By Institute for Education in Democracy (published in 1997).
    [Show full text]
  • Country Report Kenya at a Glance
    Country Report November 2003 Kenya Kenya at a glance: 2004-05 OVERVIEW The honeymoon period enjoyed by the president, Mwai Kibaki, and his National Rainbow Coalition (NARC) coalition is well and truly over, and the president’s political skills will be sorely tested as he struggles to keep the fragile alliance together and kick-start the economy. The appointment of the respected but elderly Moody Awori as vice-president will help to cement party unity, particularly as he hails from the Liberal Democratic Party (LDP), the most fractious coalition member. Provided Mr Kibaki can hold the coalition together, NARC will be judged mainly on its performance in the economic arena. Key changes from last month Political outlook • Tension within NARC has declined following the decision by the LDP leader, Raila Odinga, to drop his quest to become prime minister, but inter- party scheming and jostling for advantage will continue throughout the forecast period. Economic policy outlook • The IMF has postponed a final decision for Kenya’s new, three-year, US$250m poverty reduction and growth facility (PRGF), from 5th November to 21st November, in order to conduct “further technical analysis”. The main problem is that in January 2003 the government negotiated with individual banks to secure new terms on commercial debt, rather than with the London Club as a whole, which violated the principle of equal treatment for all creditors. However, Kenya has made progress on a number of IMF demands and the Economist Intelligence Unit now expects the government to secure a new IMF agreement by the end of 2003, although it is likely to come with strict conditionalities attached and initial funds will not be disbursed until early 2004.
    [Show full text]
  • The Kenya General Election
    AAFFRRIICCAA NNOOTTEESS Number 14 January 2003 The Kenya General Election: senior ministerial positions from 1963 to 1991; new Minister December 27, 2002 of Education George Saitoti and Foreign Minister Kalonzo Musyoka are also experienced hands; and the new David Throup administration includes several able technocrats who have held “shadow ministerial positions.” The new government will be The Kenya African National Union (KANU), which has ruled more self-confident and less suspicious of the United States Kenya since independence in December 1963, suffered a than was the Moi regime. Several members know the United disastrous defeat in the country’s general election on December States well, and most of them recognize the crucial role that it 27, 2002, winning less than one-third of the seats in the new has played in sustaining both opposition political parties and National Assembly. The National Alliance Rainbow Coalition Kenyan civil society over the last decade. (NARC), which brought together the former ethnically based opposition parties with dissidents from KANU only in The new Kibaki government will be as reliable an ally of the October, emerged with a secure overall majority, winning no United States in the war against terrorism as President Moi’s, fewer than 126 seats, while the former ruling party won only and a more active and constructive partner in NEPAD and 63. Mwai Kibaki, leader of the Democratic Party (DP) and of bilateral economic discussions. It will continue the former the NARC opposition coalition, was sworn in as Kenya’s third government’s valuable mediating role in the Sudanese peace president on December 30.
    [Show full text]
  • The Abolition of the Death Penalty and Its Alternative Sanction in East Africa: Kenya and Uganda
    The abolition of the death penalty and its alternative sanction in East Africa: Kenya and Uganda www.penalreform.org The abolition of the death penalty and its alternative sanction in East Africa: Kenya and Uganda 1 Contents Acknowledgements 2 Acronyms 3 Introduction 4 Research methodology 5 Executive summary 6 Country-by-country analysis Republic of Kenya 8 Republic of Uganda 23 Comparison of the application and implementation of the death penalty and its alternative sanction in East Africa 46 Annex I: Recommendations from the East African regional roundtable on the death penalty (27 July 2011) 53 2 Penal Reform International Acknowledgements This research paper has been created by Penal Reform International (PRI) in partnership with Foundation for Human Rights Initiative (FHRI). It was written by Doreen Namyalo (FHRI) and Jacqueline Macalesher (PRI). The Kenya research was undertaken with the assistance of the International Commission of Jurists-Kenya (ICJ-K), and the Uganda research was undertaken by FHRI. This research paper has been produced in conjunction with PRI’s project “Progressive Abolition of the Death Penalty and Alternatives that Respect International Human Rights Standards”, with the financial assistance of the European Union under the European Instrument for Democracy and Human Rights (EIDHR). The contents of this document are the sole responsibility of PRI and FHRI and can in no circumstances be regarded as reflecting the position of the European Union. The abolition of the death penalty and its alternative sanction in
    [Show full text]
  • Les Cahiers D'afrique De L'est / the East African Review, 38
    Les Cahiers d’Afrique de l’Est / The East African Review 38 | 2008 The General Elections in Kenya, 2007 Special Issue Bernard Calas (dir.) Electronic version URL: http://journals.openedition.org/eastafrica/644 Publisher IFRA - Institut Français de Recherche en Afrique Printed version Date of publication: 1 April 2008 ISSN: 2071-7245 Electronic reference Bernard Calas (dir.), Les Cahiers d’Afrique de l’Est / The East African Review, 38 | 2008, « The General Elections in Kenya, 2007 » [Online], Online since 17 July 2019, connection on 07 February 2020. URL : http://journals.openedition.org/eastafrica/644 This text was automatically generated on 7 February 2020. Les Cahiers d’Afrique de l’Est / The East African Review 1 EDITOR'S NOTE This issue, published in 2008, was revised and corrected in 2019. Ce numéro, publié en 2008, a été révisé et corrigé en 2019. Les Cahiers d’Afrique de l’Est / The East African Review, 38 | 2008 2 Introduction Jérôme Lafargue 1 This book is a translation of a special issue of IFRA’s journal Les Cahiers d’Afrique de l’Est, no. 37, and of a collection of articles from Politique africaine, no. 109. These both focused on the General Elections in Kenya at the end of 2007. The on-site presence of several researchers (Bernard Calas, Anne Cussac, Dominique Connan, Musambayi Katumanga, Jérôme Lafargue, Patrick Mutahi), fieldwork carried out by others between December 2007 and February 2008 (Florence Brisset-Foucault, Ronan Porhel, Brice Rambaud), as well as a good knowledge of the country by researchers on regular visits (Claire Médard, Hervé Maupeu), were all ingredients that led to the production of hundreds of pages within a limited period.
    [Show full text]
  • Kenya Extended Bulletin April 2003 Country Information & Policy Unit IMMIGRATION & NATIONALITY DIRECTORATE HOME OFFICE, UNITED KINGDOM
    Kenya Extended Bulletin April 2003 Country Information & Policy Unit IMMIGRATION & NATIONALITY DIRECTORATE HOME OFFICE, UNITED KINGDOM Kenya April 2003 CONTENTS 1. Scope of the Document 1.1 - 1.4 2. Geography 2.1 - 2.2 3. Economy 3.1 - 3.2 4. History 4.1 5. State Structures Constitution 5.1 - 5.2 · Constitutional Review 5.3 - 5.8 · Citizenship and Nationality 5.9 - 5.12 Political System 5.13 · Presidential and Parliamentary elections: December 2002 5.14 - 5.29 · 27 December 2002 & results 5.30 - 5.34 · The Kibaki Government 5.35 - 5.37 Judiciary 5.38 - 5.46 · Treason 5.47 - 5.48 Legal Rights and Detention 5.49 · The death penalty 5.50 - 5.52 Internal Security 5.53 - 5.63 Prison and Prison Conditions 5.64 - 5.68 Military Service 5.69 Medical Services 5.70 - 5.71 · People with disabilities 5.72 Educational System 5.73 - 5.76 6. Human Rights 6.A Human Rights Issues Overview 6.1 - 6.12 Kenya April 2003 · Torture and extra-judicial killings 6.13 - 6.20 Freedom of Speech and the Media 6.21 - 6.29 · Journalists 6.30 Freedom of Religion 6.31 - 6.32 Freedom of Assembly and Association 6.33 - 6.35 Employment Rights 6.36 · Trade Unions and the Right to Strike 6.37 People Trafficking 6.38 Freedom of Movement 6.39 - 6.40 · Refugees 6.41 - 6.43 6.B Human Rights - Specific Groups Ethnic Groups 6.44 - 6.46 · Ethnic Asians 6.47 - 6.48 · Ethnic Somalis 6.49 Women 6.50 - 6.55 Children 6.56 - 6.63 · Female Genital Mutilation (FGM) 6.64 - 6.66 · Child Care Arrangements 6.67 Homosexuals 6.68 - 6.69 Religious Groups 6.70 - 6.71 · Mungiki 6.72 - 6.77 6.C H uman
    [Show full text]
  • Ethnicity and the Swing Vote in Africa's
    Ethnicity and the Swing Vote in Africa’s Emerging Democracies: Evidence from Kenya JEREMY HOROWITZ* Who are Africa’s swing voters? This paper argues that in settings where ethnicity is politically salient, core and swing are defined by whether ethnic groups have a co-ethnic leader in the election. For groups with a co-ethnic in the race, there is typically less uncertainty about which party or candidate will best represent the group’s interests. For those without a co-ethnic in the race, uncertainty is often greater, making these voters potentially more receptive to campaign persuasion and more likely to change voting intentions during the campaign. Consistent with these expectations, panel data from Kenya’s 2013 presidential election shows that voters from groups without a co-ethnic in the race were more than two and a half times more likely to change their voting intentions during the campaign period. Keywords: African politics; elections; political behavior; swing voters; Kenya *Assistant Professor, Government Department, Dartmouth College (email: [email protected]). For suggestions and feedback, I gratefully acknowledge three anonymous reviewers, Leo Arriola, Karen Ferree, Jeff Conroy-Krutz, Elena Gadjanova, Kris Inman, Brendan Nyhan, Yusaku Horiuchi, Ryan Jablonski, Kristin Michelitch, Carolyn Logan, seminar participants at Dartmouth, Northwestern, and SOAS, and conference participants at APSA, MPSA, and ASA. For help in designing and implementing the panel survey in Kenya, I thank Melissa Baker and the staff at TNS- RMS in Nairobi. For research assistance, I thank Peter Saisi, Alex Minsk, Miriam Kilimo, and Precious Kilimo. Online appendices are available at http://[add link].
    [Show full text]
  • Somali Refugee and Migrant Trade Networks in Nairobi
    GLOBAL MIGRATION PERSPECTIVES No. 47 September 2005 Formalizing the informal economy: Somali refugee and migrant trade networks in Nairobi Elizabeth H Campbell Binghamton University State University of New York [email protected] Global Commission on International Migration 1, Rue Richard Wagner CH:1202 Geneva Switzerland Phone: +41:22:748:48:50 E:mail: [email protected] Web: http://www.gcim.org Global Commission on International Migration In his report on the ‘Strengthening of the United Nations - an agenda for further change’, UN Secretary-General Kofi Annan identified migration as a priority issue for the international community. Wishing to provide the framework for the formulation of a coherent, comprehensive and global response to migration issues, and acting on the encouragement of the UN Secretary-General, Sweden and Switzerland, together with the governments of Brazil, Morocco, and the Philippines, decided to establish a Global Commission on International Migration (GCIM). Many additional countries subsequently supported this initiative and an open-ended Core Group of Governments established itself to support and follow the work of the Commission. The Global Commission on International Migration was launched by the United Nations Secretary-General and a number of governments on December 9, 2003 in Geneva. It is comprised of 19 Commissioners. The mandate of the Commission is to place the issue of international migration on the global policy agenda, to analyze gaps in current approaches to migration, to examine the inter-linkages between migration and other global issues, and to present appropriate recommendations to the Secretary-General and other stakeholders. The research paper series 'Global Migration Perspectives' is published by the GCIM Secretariat, and is intended to contribute to the current discourse on issues related to international migration.
    [Show full text]
  • Daniel Arap Moi and the Politics of Kenya's Release,Moi's Theatre Of
    Prettys, Engaged Intellectuals and Hypnotic Calm: A Visitor’s View of Zimbabwe By Kalundi Serumaga Perhaps the deep silence – the initial unscripted reaction of the gathered crowd at Harare airport – upon laying eyes on the casket carrying the remains of Robert Mugabe, Zimbabwe’s first independence president, and one-time icon of Africa’s independence struggles, was the best expression of the mood of the country, and its people. It was neither a moment for despair by his followers, nor one of grim satisfaction, or even celebration by his rivals and erstwhile critics. It seemed like a point of sudden deep reflection, an opportunity to ponder on what had been the meaning of the struggles that defined the life of the man just gone. This is a question much of sub-Saharan Africa should be asking itself in relation to their own earlier struggles for independence. Africa has travelled a long road in a relatively short time, between the onset of the colonial enclosures and today, but remains dogged by intense challenges. So, as Robert Mugabe was accorded every honour befitting him as the one that dedicated most of his life to making Zimbabwean independence a reality, the question remains: what now for Africa, and how shall the Africans cope in the meantime? It is a complicated story. From the time of the rogue regime of Ian Smith and his Unilateral Declaration of Independence (essentially a white settler mutiny, between 1965 and 1979), Zimbabwe has laboured under various economic sanctions and other economic handicaps. This can seem like a challenge unique to the country.
    [Show full text]
  • Funyula FINAL 1.Pdf
    TABLE OF CONTENTS Preface…………………………………………………………………….. i 1. District Context………………………………………………………… 1 1.1. Demographic characteristics………………………………….. 1 1.2. Socio-economic Profile………………………………………….. 1 2. Constituency Profile………………………………………………….. 1 2.1. Demographic characteristics………………………………….. 1 2.2. Socio-economic Profile………………………………………….. 1 2.3. Electioneering and Political Information……………………. 2 2.4. 1992 Election Results…………………………………………… 2 2.5. 1997 Election Results…………………………………………… 2 2.6. Main problems……………………………………………………. 2 3. Constitution Making/Review Process…………………………… 3 Constituency Constitutional Forums (CCFs)………………. 3.1. 3 District Coordinators……………………………………………. 3.2. 5 4. Civic Education………………………………………………………… 6 4.1. Phases covered in Civic Education…………………………… 6 4.2. Issues and Areas Covered……………………………………… 6 5. Constituency Public Hearings……………………………………… 7 5.1. Logistical Details…………………………………………………. 7 5.2. Attendants Details……………………………………………….. 7 5.3. Concerns and Recommendations…………………………….. 8 Appendices 31 1. DISTRICT PROFILE Funyula constituency is in Busia district. Busia District is one of 8 districts of the Western Province of Kenya. 1.1 Demographic Characteristics Male Female Total District Population by Sex 174,368 196,240 370,608 Total District Population Aged 18 years & 108,152 107,566 215,718 Below Total District Population Aged Above 18 years 66,216 88,674 154,890 Population Density (persons/Km2) 330 1.2 Socio-Economic Profile Busia District: • Is one of the least densely populated districts in the province, being
    [Show full text]
  • Beyond Imperial Presidency in Kenya: Interrogating the Kenyatta, Moi and Kibaki Regimes and Implications for Democracy and Development
    Kenya Studies Review KSR Volume 1, Number 1, December 2009 Beyond Imperial Presidency in Kenya: Interrogating the Kenyatta, Moi and Kibaki Regimes and Implications for Democracy and Development By Maurice N. Amutabi* Abstract This article uses a historical trajectory to examine the impact of presidential politics in development in Kenya, using Kenyatta, Mo and Kibaki regimes for illustration. My argument is that corruption and inefficiency of the three regimes has made Kenya very vulnerable, now regarded as one of the fragile states on the African continent. Kenyatta inherited colonial structures that were designed to serve British imperial and financial interests, and these structures have remained intact and have brought certain material advantages to privileged few, especially his family. A recurring problem for the three regimes has been the unresolved land issue and factiousness of the state. I suggest that the expansion of representational technologies and capacities have allowed people access to freedom, as well as important information and can make superior judgments. These new mentalities and self imaging have been generated, largely outside spaces of political control such as the internet which address the challenges of this new historical period. Proliferations of FM radio stations and gutter press have also added to this free flow of information. As a consequence, new critical discourses abound on Kenya‘s past and present. New academic approaches such as postmodernism, multiculturalism and post colonialism have also helped to raise new questions – which this essay grapples with. Key words: Ethnicity; political parties; Kenyatta; Moi; Kibaki; ODM *Maurice Nyamanga Amutabi (Ph.D) teaches at Central Washington University.
    [Show full text]
  • The Case of Samia of Uganda and Samia of Kenya
    Construction of linguistic identities among cross-border communities: The case of Samia of Uganda and Samia of Kenya By SYLVIA NAHAYO Dissertation presented for the degree of Doctor of Philosophy in General Linguistics in the Faculty of Arts and Social Sciences at the University of Stellenbosch Supervisor: Dr Marcelyn Oostendorp Co-supervisor: Dr Frenette Southwood MARCH 2017 Stellenbosch University https://scholar.sun.ac.za Declaration By submitting this dissertation electronically, I declare that the entirety of the work contained therein is my own, original work, that I am the authorship owner thereof (unless to the extent explicitly otherwise stated) and that I have not previously in its entirety or in part submitted it for obtaining any qualification. Date: March 2017 Copyright © 2017 Stellenbosch University All rights reserved i Stellenbosch University https://scholar.sun.ac.za ABSTRACT This dissertation investigated the discursive identity construction of a community who is separated by a national border. The town of Busia cuts across the Ugandan/Kenyan border and the community language is considered to be Lusamia. The study used ethnographic methods to investigate how speakers of Lusamia on both sides of the border construct their linguistic identities in relation to their own linguistic repertoires and the linguistic repertoires of others. My theoretical interest in this was sparked by a gap in the literature, namely, that most studies which investigate language and identity construction within multilinguals focus on urban communities. Although early sociolinguistic studies within the ethnographic tradition, focused on rural communities (Gumperz 1971, 1964; Hymes 1962, 1964), recently the city has become the most frequently studied setting for multilingualism.
    [Show full text]