Power And The Presidency In Kenya

The first study to use Jomo Kenyatta's political biography and presidency as a basis for examining the colonial and postcolonial history of Kenya.

Kariki's political participation dates from 1952, when he pledged an oath to the allegiance of the Gikuyu tribe, the Mau Mau movement and the cause of African unity. Post-independence, he gradually progressed to being a political insider, serving in the Kenyan African National Union (KANU) and the Kenyan Government. In 1983 he was expelled from KANU - the only political party. It is from this outsider-perspective, and in this climate of fear and uncertainty, without the desired freedom of association and access to political colleagues of the period of struggle, that he nevertheless here recounts his experiences of half a century in politics. He holds the belief that political evolution is inexorable; and that knowledge about, and reflection on the past is the only way of preventing the tragedy of yet another generation repeating that which they condemned in their predecessors.

With new case studies examining the post-presidential years of the iconic Nelson Mandela in South Africa, Daniel arap Moi in Kenya, Julius Nyerere in Tanzania, Jerry Rawlings in Ghana, Charles Taylor in Liberia, as well as the experiences of Botswana, Zambia, Namibia, Zimbabwe, Uganda, Malawi, and Nigeria, this volume examines the dilemmas which demands for presidential transitions impose upon incumbent rulers and analyzes the evolving relationships between new regimes and their predecessors.

This book discusses Kenya’s transition from authoritarianism to more democratic forms of politics and its impact on Kenya’s multi-ethnic society. The author examines two significant questions: Why and how is ethnicity salient in Kenya’s transition from one-party rule to multiparty politics? What is the relationship between ethnic conflict and political liberalization? The project explains the perennial issues of political disorganization through state violence and ethnicization of politics, and considers the significance of the concept of justice in Kenya.

A constitutional originalist sounds the alarm over the presidency’s ever-expanding powers, ascribing them unexpectedly to the liberal embrace of a living Constitution. Liberal scholars and politicians routinely denounce the imperial presidency—a self-aggrandizing executive that has progressively sidelined Congress. Yet the same people invariably extol the virtues of a living Constitution, whose meaning adapts with the times. Saikrishna Bangalore Prakash argues that these stances are fundamentally incompatible. A constitution prone to informal amendment systematically favors the executive and ensures that there are no enduring constraints on executive power. In this careful study, Prakash contends that an originalist interpretation of the Constitution can rein in the “living presidency” legitimated by the living Constitution. No one who reads the Constitution would conclude that presidents may declare war, legislate by fiat, and make treaties without the Senate. Yet presidents do all these things. They get away with it, Prakash argues, because Congress, the courts, and the public routinely excuse these violations. With the passage of time, these transgressions are treated as informal constitutional amendments. The result is an executive increasingly liberated from the Constitution. The solution is originalism. Though often associated with conservative goals, originalism in Prakash’s argument should appeal to Republicans and Democrats alike, as almost all Americans decry the presidency’s stunning expansion. The Living Presidency proposes a baker’s dozen of reforms, all of which could be enacted if only Congress asserted its lawful authority.

The path towards democracy in Kenya has been long and often tortuous. Though it has been trumpeted as a goal for decades, democratic government has never been fully realised, largely as a result of the authoritarian excesses of the Kenyatta, Moi and Kibaki regimes. This uniquely comprehensive study of Kenya's political trajectory shows how the struggle for democracy has been waged in civil society, through opposition parties, and amongst traditionally marginalised groups like women and the young. It also considers the remaining impediments to democratisation, in the form of a powerful police force and damaging structural adjustment policies. Thus, the authors argue, democratisation in Kenya is a laborious and non-linear process. Kenyans' recent electoral successes, the book concludes, have empowered them and reinvigorated the prospects for democracy, heralding a more autonomous and peaceful twenty-first century.

During the run-up to Kenya's 2013 general elections, crucial political and civic questions were raised. Could past mistakes, especially political and ethnic-related violence, be avoided this time round? Would the spectre of the 2007 post-electoral violence positively or negatively affect debates and voting? How would politicians, electoral bodies such as the IEBC, the Kenyan civil society, and the international community weigh in on the elections? More generally, would the 2013 elections bear witness to the building up of an electoral culture in Kenya, characterized by free and fair elections, or would it show that voting is still weakened by political malpractices, partisan opinions and emotional reactions? Would Kenya's past be inescapable or would it prepare the scene for a new political order? Kenyaís Past as Prologue adopts a multidisciplinary perspective ñ mainly built upon field-based ethnography and a selection of case studies ñ to answer these questions. Under the leadership of the French Institute for Research in Africa (Institut francais de recherche en Afrique, IFRA), political scientists, historians and anthropologists explore various aspects of the electoral process to contribute in-depth analyses of the last elections. They highlight the structural factors underlying election and voting in Kenya including the political system, culture and political transition. They also interrogate the short-term trends and issues that influence the new political order. The book provides insight into specific case studies, situations and contexts, thus bringing nuances and diversity into focus to better assess Kenya's evolving electoral democracy.

The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.