LANCASTER CONSTITUTIONAL NEGOTIATION PROCESS AND ITS IMPACT ON FOREIGN RELATIONS OF POST-COLONIAL KENYA, 1960-1970 Godfrey Gitahi Kariuki Reg. No. R80/81781/2009 Thesis Submitted in Fulfilment of the Requirements of the Degree of Doctor of Philosophy in International Studies, Institute of Diplomacy and International Studies (IDIS), University of Nairobi November 2015 DECLARATION I, Godfrey Gitahi Kariuki, declare that this is my original work which has not been submitted for a degree in any other university. Signed: __________________________ Godfrey Gitahi Kariuki This thesis has been submitted for examination with our approval as University supervisors: Prof. Maria Nzomo Professor, Institute of Diplomacy and International Studies University of Nairobi Signed: _____________________ Date:___________________ Dr. Musambayi Katumanga Senior Lecturer, Department of Political Science and Public Administration University of Nairobi Signed: _____________________ Date:___________________ ii DEDICATION To my beloved family, for their unreserved understanding iii ACKNOWLEDGEMENTS This thesis could not have been completed without the input of very many people. First, I thank the Almighty God for giving me the good health, concentration and time to complete this study. I owe much gratitude to my supervisors at the University of Nairobi, Prof. Maria Nzomo and Dr Musambayi Katumanga, for their guidance. Without their constant advice and criticism, this thesis could not have taken the present form. I also thank Prof. Macharia Munene for having encouraged me to pursue this subject, and Prof. Peter Kagwanja for his encouragement. My sincere thanks goes to the staff of the Kenya National Archives and Documentation Centre, Nairobi, for their support in accessing information and literature necessary to complete the study. My gratitude also goes to those who found time to be interviewed for the study. I would not forget to thank my research assistants, Kahara Kubai and Jeremy Ng‘ang‘a, who worked tirelessly to gather information for this study. Thanks are also due to Margaret Njuguna for her secretarial support I would also like to thank the staff in my office for their patience and understanding. They stood in for me during the time I was unavailable to attend to my normal business. There is also my political constituents, whose support encouraged me during the period of the study. Lastly, but not least, I would like to express my appreciation for the support I have received from my family, both immediate and extended. I thank them for understanding my interest in academic pursuit. Their patience and moral support were a great boost and contribution towards the realisation of my dream. iv TABLE OF CONTENTS Declaration ii Dedication iii Acknowledgement iv Abstract x Abbreviations xii Chapter One: Introduction 1 1.1 Introduction 1 1.2 The Statement of the Problem 2 1.3 Objectives of the Study 3 1.4 Justification of the Study 3 1.5 Literature Review 4 1.6 Theoretical Framework 21 1.7 Hypotheses 26 1.8 Research Methodology 26 1.9 Chapter Outline 30 Chapter Two: White Man‘s Country, 1895-1958: Background to the Constitutional Development of Kenya 33 2.1 Introduction 33 2.2 Establishment of the Colonial State, 1895-1920 34 2.2.1 Pacification of Africans 34 2.2.2 Establishment of British rule 37 2.2.3 European settlement and the ―white man‘s country‖ 41 2.2.4 Indians‘ struggle for equality 45 2.3 Constitutional Challenges, 1920-1940 49 2.3.1 Declaration of Crown Colony 50 2.3.2 Racial conflict 51 2.3.3 The ‗Harry Thuku Riots‘ and African protest 52 2.3.4 Devonshire White Paper of 1923 56 2.3.5 Government reaction and quest for Closer Union 63 v 2.4 Post-World War II Developments and the Mau Mau War, 1940-58 69 2.4.1 KAU and African nationalism 77 2.4.2 Mau Mau war of 1952 81 2.4.3 The Lyttelton Constitution of 1954 83 2.4.4 The Lennox-Boyd Constitution of 1958 85 2.4.5 Extremist versus moderate opinion 87 2.5 A Case for a Constitutional Conference 89 Chapter Three: The First Kenya‘s Constitutional Conference - London, 1960: Process and Outcome 93 3.1 Introduction 94 3.2 Preparation for the Conference 94 3.2.1 Political developments up to January 1960 93 3.2.2 Memorandums, interests and attitudes 102 3.2.3 Pre-conference visit to Kenya 106 3.2.4 Agenda, venue, participants and logistics 109 3.3 Structure of the Conference 114 3.3.1 Plenary sessions 116 3.3.2 Committee meetings 119 3.3.3 Conference report 125 3.4 Outcome of the Conference 128 3.5 Implementation of the Macleod Proposals and Developments up to 1962 130 3.5.1 Formation of political organisations 131 3.5.2 The 1961 General Election 136 3.5.3 KADU-NKG coalition government 138 3.5.4 KANU-KADU consultations 141 3.6 Overview of the Conference 146 Chapter Four: The Second Conference, 1962: Process and Outcome 150 4.1 Introduction 150 4.2 Preparation for the Conference 151 vi 4.3 Agenda, Memorandums and Interests 157 4.4 Actors and Personalities 168 4.5 Venue, Participants and Logistics 171 4.6 Structure of the Conference 176 4.6.1 Plenary meetings 176 4.6.2 Committee meetings 190 4.6.3 Meetings held on the side of the conference 203 4.6.4 Conference report 211 4.7 Outcome of the Conference 214 Chapter Five: The Last Independence Conference, 1963: Process and Outcome 218 5.1 Introduction 218 5.2 Discussions on Framework of the Kenya Constitution 218 5.2.1 Special Council of Ministers meetings 219 5.2.2 Discussions on draft constitution by the Council of Ministers 234 5.2.3 The Nairobi Conference of March 1963 237 5.3 The May 1963 General Election and Self-government 247 5.4 The Third Lancaster House Conference, September to October 1963 253 5.4.1 Preparatory Talks 254 5.4.2 Interests and attitudes 259 5.4.3 Participants, logistics, venue and agenda 263 5.4.4 Structure of the conference 265 5.4.5 Outcome of the conference 273 5.5 Overview 275 Chapter Six: Kenya‘s Post-Colonial Governance and Foreign Relations, 1963-1969 276 6.1 Introduction 276 6.2 Challenges of the Dominion, 1963 to 1964 277 6.2.1 The secessionist war in North Eastern Province 279 6.2.2 Army mutiny of January 1964 282 vii 6.3 Establishment of the Republic 289 6.4 Consolidation of the Constitutional Amendments 300 6.4.1 Constitution of Kenya (Amendment) Act No. 14 of 1965 300 6.4.2 Constitution of Kenya (Amendment) Act No. 16 of 1966 303 6.4.3 Constitution of Kenya (Amendment) (No. 2) Act No. 17 of 1966 305 6.4.4 Constitution of Kenya (Amendment) (No. 3) Act No. 18 of 1966 310 6.4.5 Constitution of Kenya (Amendment) (No. 4) Act No. 40 of 1966 311 6.4.6 Constitution of Kenya (Amendment) Act No. 4 of 1967 312 6.4.7 Constitution of Kenya (Amendment) (No. 2) Act of 1968 313 6.4.8 Constitution of Kenya (Amendment) Act, No. 4 of 1968 314 6.4.9 Constitution of Kenya Act, No. 5 of 1969 316 6.5 Implication of Constitutional Amendment on Governance 318 6.5.1 Erosion of the democratic space 318 6.5.2 The politics of land transfer programme and reform 319 6.6 Diplomatic Relations and Foreign Policy Direction, 1963-67 323 6.6.1 Early diplomatic relations, 1963-1967 323 6.6.2 Kenya‘s foreign policy direction, 1963-1965 331 6.6.3 Implication of the NFD crisis on Kenya‘s foreign policy, 1963-1967 332 6.7 Kenya-UK Bilateral Relations, 1963-1969 334 6.7.1 Anglo-Kenyan Defence Agreement, June 1964 335 6.7.2 Economic aid, 1962-1969 338 6.8 Overview 340 Chapter Seven: Findings and Conclusions 341 7.1 Introduction 341 7.2 Establishment of Colonial Rule 341 7.3 Constitutional Negotiations: Process, Interests and Actors 346 7.4 Power Contests in the Negotiation Process 351 7.5 Outcome of the Process 354 7.6 Implications of Constitutional Amendments 358 viii 7.7 Implication of Negotiation Process on Post-Independence Governance 358 7.8 Implication of Negotiation Process on Foreign Relations Direction 360 7.9 Conclusion and Lessons Learnt 361 Appendices 363 Appendix 1: Key Informants 365 Appendix 2: Interview Schedule 366 Appendix 3: Participants in the Kenya Constitutional Conference, 1960 367 Appendix 4: Participants in the Kenya Constitutional Conference, 1962 370 Appendix 5: Membership to the Committees 373 Appendix 6: Participants in the Kenya Independence Conference, 1963 378 Bibliography 380 ix ABSTRACT Kenya‘s independence constitution of 1963 was a negotiated document that was expected to provide a framework capable of embodying the interests of all groups in a sustainable manner. These groups had emerged on racial lines and were involved in racial tensions pitting on the one hand Africans who had been forcibly dispossessed of their lands and displaced, and on the other the white settlers who had a mission of turning Kenya into a ―white man‘s country‖. Between them were the Asian immigrants who dominated the fields of commerce and professional services, and who sought racial parity in governance. The tensions intensified when the British government declared its intension to grant independence under majority rule. Independence implied that a new constitutional dispensation had to be negotiated between the British government, the declining settler-based colonial order, and the African nationalists. Negotiations took place in a series of conferences that were held in Lancaster House, London, and at Government House, Nairobi, in 1960, 1962 and 1963.