The Parliament of Kenya, more nostalgia!

 

HISTORY OF THE PARLIAMENT

 OF KENYA

 

The inception of the Legislative Assembly in Kenya dates back to the colonial era when the Legislative Council (LegCo) was constituted through the issuance of the East African Order-in-Council in 1906. The LegCo held its first sitting on 16 August, 1907 at a building along the White House Road (today’s Haile Selassie Avenue), following its gazettement on  August 7, 1907. (It was through the same gazette that the Members of the Council would be referred to as “The Honourable”).

The main purpose of setting up the LegCo was to safeguard the interests of the white settlers and formulate laws of local application. Later the LegCo served as a legislature for the East Africa Protectorate. The first sitting of the Legislative Council was on August 16, 1907.

The first Bill brought before it was the Abolition of the Legal Status of Slavery throughout the East African Protectorate. The LegCo had seven members all of whom were Europeans. The composition of the members included the governor who was the Chairperson and six other members, four of whom were civil servants (ex officio) and two were nominated (un officio) by the Governor. The LegCo was anchored on the Westminster Parliamentary Model. The structure of the legislative building, the decorum and etiquette, the dress code of the Speaker and that of the members, the procedure of the House replicated those of the House of Commons. The Clerk was appointed by the Governor while the rest of the staff were civil servants.

The chronology of the evolution of the Legislature 1906: LegCo was established following the promulgation of the East African Order-in-Council. Rev. J.W. Arthur 1907: The LegCo held its first sitting on  August 16, 1907. LegCo was a unicameral (having a single chamber) all-white House.

However, after much agitation, a non-European, Allibhai Mullah Jeevanjee, an Indian was nominated to the LegCo in 1909. 1911: The question of the election of Unofficial Members was first brought up by resolution of the Convention of Associations, but a petition to the British Secretary of State, forwarded in November 1911 of that year, elicited the reply that he was not prepared at that stage in the development of the Protectorate to accede to the request. 1913: The subject was again pressed by further memorial. Allibhai Mullah Jeevanjee 1917: Given the delay in responding to this memorial, the Nominated Members resigned their seats in the Council. But as a result of a favourable reply from the Colonial Office, they resumed their places, and with the cessation of hostilities in the first world war, steps were taken to introduce legislation to provide for the election of eleven (11) European Members. This Ordinance was passed in 1919 and the first election was held in 1920.

1919: The composition of the LegCo was altered to comprise 17 official members among them eleven European members elected by European residents with very limited local representation. 1920: Consideration was given to the possibility of providing for the representation of other races. As a result, the Royal Instructions were amended to make possible the passage of the Legislative Council (Amendment), Ordinance, 1924. This Ordinance provided that in addition to the European Elected Members, there should be 5 Indian Members elected to represent the Indian Community in the Colony and one Arab Member elected to represent the interests of the Arab community.

1924: The first Arab Elected Member took his seat. At the same time a European Unofficial Member, Rev. J.W. Arthur was nominated by the Governor to represent African interests. The provision was made for elected representation to include Indians and Arabs and for nominated representation of Africans in the LegCo. The Indians, however, abstained from putting forward candidates for election in the same year and only a few registered themselves for elections.

1927: One Indian Member was elected to the LegCo and four others were nominated. 1933: Five Indians sat as elected members. 1934: A second European was nominated to represent African interests. 1944: The first African, Mr. Eliud Mathu, was nominated by the Governor to represent the majority Africans. 1946: The second African Mr. Benaiah A. Ohanga was nominated. 1947: Mr. Fanuel W. Odede replaced L. J. Beecher who retired as African representative. 1948: Jeremiah J. Nyagah and J.J. Chamallan were nominated to LegCo.

1948: The Governor who had been presiding over the LegCo appointed a Speaker to take his place for the first time (Slade, 1975). 1952: As a result of additional Royal Instructions issued in 1951, further legislations were enacted whereby provision was made for the election of 14 Europeans, six Asian and one Arab. In addition, six African Members and one Arab Representative Member were nominated by the Governor, making the total of non-Government Members 28 against 26 Government Members (eight ex officio and 18 Nominated Members)

1954: A major change with the Lyttelton Constitution coming into force. A Council of Ministers was set up with six official Members drawn from Civil Service, two nominated Members appointed by the Governor and six unofficial Members also appointed Mr. Eliud Mathu, the first African to join the legislative council in 1944. Hon. Sir Humphrey Slade Jeremiah J. Nyagah. These six were all appointed from elected and representative Members, three being European, two Asian and one African. The African was Mr. B.A. Ohanga, who was the first African Minister.

1957: The first election of African representatives under the Lyttelton Constitution to the LegCo was held and the number of Africans were increased from six to eight elected Africans, who joined the LegCo representing eight electoral areas. They included Hon. Bernard Mate, Central Province; Hon. Ronald Ngala, Coast Province; Hon. Tom Mboya, Nairobi; Hon. Oginga Odinga, Nyanza Central; Hon. Masinde Muliro, Nyanza North; Hon. Lawrence Oguda, Nyanza South; Hon. Daniel arap Moi, Rift Valley; and James Muimi, Southern/Ukambani. (Slade, 1975). Hon. Tom Mboya Hon. Ronald Ngala Hon. Bernard Mate Hon. Oginga Odinga Hon. Masinde Muliro Hon. Daniel arap Moi 1958: Under the Lennox Boyd Constitution, the LegCo was expanded to consist of 14 African members, 14 Europeans, 3 Asians and 3 Arabs.

1960: As a result of the first Lancaster House Conference, certain changes were made to the Lennox Boyd Constitution. The Council of Ministers was not to be more than 16 of whom not less than 4 were Civil Servants.

The Council of Ministers formed after Lancaster House made provisions for 4 African Ministers, 3 Europeans Ministers and 1 Asian, all of them from unofficial ranks. The Council itself consisted of the Speaker, ex officio Members and 3 Ministers or temporary Ministers who would otherwise not normally be Members of the Council, 53 Constituency elected Members of whom 33 were Africans, 10 European, 8 Asian, 2 Arab and 12 National Members, elected by Council sitting as an Electoral College. 1961: A General Election was held to implement the first Lancaster House Agreement. Of the 53 seats held by Constituency Members, the Constitution required that primary elections be held by the 10 European, 8 Asian and 2 Arab candidates, among the electors of their representative communities, in order to ensure that the candidates commanded the effective and genuine support of their own constituents.

1962: Lancaster Parliament The framework of the 1962 Lancaster Constitution consisted of a Bicameral Parliament consisting of the Senate and the House of Representatives. LegCo was succeeded by a Bicameral Legislature pursuant to the Lancaster Constitution of 1962 called The National Assembly consisting of the Senate and the House of Representatives. It comprised of 41 Senators representing 40 Administrative Districts and Nairobi, 117 House of Representatives Constituency members; 12 specially elected Members and the Attorney General as an ex officio member. The National Assembly held its first sitting on 11th June 1963. The Senate was composed of 41 members, drawn from each of the 40 districts in the country and one from Nairobi area and the Speaker. The first Senate met on June 7, 1963 and Hon. Timothy Chitasi Muinga Chokwe served as the first Senate Speaker. Independence in December 1963 began the new history of the Parliament of Kenya.

Some names from the past:

 

The first Legislative Council met on 7 August 1907. The meeting was attended by the Governor, Sir James Sadler, six officially appointed members – Henry Currie, Charles Bowring, Charles William Hobley, J. Montgomery, R.M. Coombe and Colonel J. Wilson – and two unofficial members, J.H. Wilson from Mombasa and Lord Delamere. The first Council consisted solely of persons of European descent.

On 21 September 1909, Alibhai Mulla Jeevanjee was appointed to the Council, becoming the first Asian and non-European member. Governor Sir Percy Girouard opposed his nomination, but he was overruled by the Colonial Office which was keen to appoint a representative for the Indian community. (Wiki)

Some other once familiar names: J.M. Nazareth, Ali Aiden Lord, Michael Blundell (One of my favourite politicians), Mervyn Cowie, Ewart Grogan, Jomo Kenyatta, Oginga Odinga, Chunilal Madan, Humphrey Slade, Hugh Chlmondeley, Charles Markham, Hamilton Ward, Walter Haggard, Dorothy Hughes, Derek Erskine.

 

KENYA 1938 GENERAL ELECTION: Aberdare: Ernest Hay Wright - Coast: Shirley Victor Cooke - Kiambu: Josslyn Hay - Ukamba: Robert Shaw - Mombasa: George Nicol - Nairobi North: Ferdinand Cavendish-Bentinck - Nairobi South: Marcuswell Maxwell -  Nyanza: Sydney Farrar - Rift Valley: Francis Scott - Tranz Nzoia: James Kirkwood -  Uasin Gishu: Stanley  Girshie Indian seats: Central: Shams-ud Deen, Isher Dass, Mangat Nahar Singh – Eastern  Ambalal Patel, Pandya Jagannath Bayanpishanker, Western - Rahemtulla Kassam.

Arab seat: Ali bin Salim bin Khalfan