MASINDE MULIRO UNIVERSITY OF SCIENCE AND TECHNOLOGY

COURSE CODE: HIS 217

COURSE TITTLE: HISTORY OF KENYA

TASK: GROUP ASSIGNMENT

LECTURER: DR. RUTO

GROUP MEMBERS

NAME. REG NO. PHONE NO.

1. HASSAN .C. KALU EDA/B/01-00480/2019 0748691041

2. EDMOND KIPLANG’AT KOECH EDA/B/01-00144/2019 0703700379

3. MADAGA KENNEDY EDA/B/01-57675/2019 0715152430

4. NYONGESA EUNICE EDA/B/01-00655/2019 0707860098

5. JAMES AKOLO EDA/B/01-00434/2019 0716618032

6. WAKHUNGU .N. SARAH EDA/B/01-00603/2018 0729560543

7. VELMA KEDENGE EDA/B/01-00658/2019 0759874261

8. MARTIN KINYUA EDA/B/01-01351/2019 0758688815

9. DAVIN .M. KEMTO EDA/B/01-01073/2019 0745763252

10. OLUBAI KELVIN EDA/B/01-57442/2019 0790664858

11. KIPROTICH JEBET DORCAS EPE/B/01-01995/2019 0743521045

TABLE OF CONTENTS

TABLE OF CONTENTS...........................................................................................................2

33. Discuss the role of religion in Africa resistance against colonial rule in Kenya.................3

References:.................................................................................................................................4

34. Why were Africans in Kenya denied to grow cash crops and did this impact on Africans?
....................................................................................................................................................5

Reasons why Africans were not allowed to grow cash crops are;.............................................5

Impacts on Africans...................................................................................................................5

References..................................................................................................................................6

35. Asses the Importance of written sources in the reconstruction of Kenyan History.............7

Introduction................................................................................................................................7

Written Sources of Kenyan History...........................................................................................7

Importance of Written Sources..................................................................................................7

Limitations of written sources of history...................................................................................8

References:.................................................................................................................................8

36. What is a constitution? What are the requirements of a good constitution? Describe the
main features of the independence constitution of Kenya.........................................................9

Functions of the Constitution.....................................................................................................9

Factors Why Different Countries Have Different Constitution.................................................9

Geography..................................................................................................................................9

Historical background..............................................................................................................10

Religious and cultural background...........................................................................................10

Racial composition...................................................................................................................10

Types of constitution................................................................................................................10

Written constitution..................................................................................................................10

Advantages of written constitution..........................................................................................10

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Disadvantages of written constitution......................................................................................11

Unwritten constitution..............................................................................................................11

Advantages...............................................................................................................................12

Disadvantages..........................................................................................................................12

Characteristics of a good constitution......................................................................................13

Independent constitution..........................................................................................................13

Features of the independent constitution..................................................................................13

The executive...........................................................................................................................13

Legislature................................................................................................................................14

The judiciary............................................................................................................................14

Federalism................................................................................................................................14

Rights and freedoms.................................................................................................................14

Citizenship................................................................................................................................14

Multi-party democracy.............................................................................................................15

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33. Discuss the role of religion in Africa resistance against colonial rule in Kenya.
The religion played a role as a unifying factor, religion united Africans for example In Kenya
African traditional cosmology, this is where Africans share their beliefs— this played a
unifying factor for the Africans as they met while worshipping their gods and ancestors.
Religious networks and complexes provided regional grammar for interpreting meaning of
unfolding events, for example the Mau Mau fighters had religious factors which were
expressed in various beliefs and practices including songs, prayers and oaths — this provided
morale and boosted the fighters to fight the colonialists. For example the oaths and rituals
united the Mau Mau fighters to fight against Europeans as if that's not enough religion later
mobilized masses into a social movement.

Religion played another role as the churches were used for fund-raising and ammunition
collection campaigns, this is seen as the colonialists accused Africans especially Kenyan
fighters that they were not real Christians, the British Government claimed that, as to assert
this argument church was accused for having a close proximity with the political
organization, and this political organization were against the colonialists as they led the
movement of resistance, therefore there was a close proximity between members of churches
and the members of various political parties in Kenya which agitated for the resistance in
Kenya.

Also the independent churches reacted against the stereotypes of colonialists, the founding
leaders of independent churches feel that they invested with the mission to rehabilitate the
customs denigrated by some missionaries and ancestors traditions— leaders of independent
churches strive people from the yoke of suffering, they invited other fellow Kenyans to
follow the traditional beliefs. They disapproved any rejection of the bonds which link them
with their past and land — in other words they attached to their customs and traditions, in
respect John Mbithi points out: " independent churches are in attempt to find the place to feel
at home, not only worship but in the whole profession and expression of Christian faith,
beneath the umbrella of independent churches, Africa Christians can freely shed their tears,
voice of their sorrows, presents their spiritual and physical needs, respond to the world which
they live and empty selves before God." (Mbithi 1969:228).

The other role of religion was through the churches as the Kenyan churches were against
missionaries who came to spread the gospel wherein that was not their role, missionaries' role
was to act as spies for the exploration of resources in Africa and particularly Kenya. Vis-à-vis

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the independent churches were against the monopoly of church authority by the missionaries,
obviously the emergence of organized protests movements among Kenyan communities came
as a result of growing discontent against missionaries and colonial administration for example
evictions from lands and taxation by the colonial administration as to make a molehill out of
mountain Africans especially Kenyans were segregated by the missionaries and this led to
animosity between Kenyan churches and the missionaries thus led to upheavals between
Kenyans and the colonial masters.

Traditional religion played a role in anti-colonial and other freedom struggles, it exerted an
influence on the people for example the Koitalel Arap Samoei who was a religious leader
rallied the Nandi to fight against the colonial rule, because the colonialists took their land and
built a railway and the Nandi weren't happy —the Nandi resistance was a protected it lasted
for many years because Koitalel Arap Samoei was an able leader and war like, therefore
traditional religion played a bigger role in rallying behind the resistance of colonial rule
through its religious leaders.

Traditional religious is thus a factor to be reckoned with, both in times of peace and war it
offered convincing explanation of what might be otherwise seem opaque and offered
promising avenue for addressing problems for example the widespread beliefs and spirit
possession as if that's not enough the religion played another role as it united the elites,
therefore the religion in Kenya, that's Christianity shaped Kenyan political systems among
the elites, resistance sprang up in Kenya because of religion rallying behind the people to
fight colonialists.

In conclusion, the religion in Kenya is inscribed in People's hearts, it remains to shape

characters of the people— as seen above the religion played a role in uniting the fighters,
providing a secluded place for administration of oaths, and also a place where secrets were
exchanged between the fighters.

References:
Mbiti, J.S (1969). African Religious and Philosophy. London: Heinemann.

Mbiti, J.S (1975). Introduction to African Religious 2nd Ed. Nairobi: EAEP.

Mugambi, J.N.K & Getui, M.N (ed) (2004). Religious in Eastern Africa under Globalization.

Ogutu, M.A and Kenyan Chui, S.S (1991). An Introduction to African History.

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Oliver, R and Atmore, A (1994). Africa since 1800, 4th ed. Cambridge: Cambridge
University Press.

Opoku, K.A (1978). African Traditional Religion. Accra: FEP Parrinder, E.G (1954).

Chipenda, J (1993). The Church of the Future in Africa in D.W Waruta African
Church in the 21st century. Nairobi: AACC.

Gatu, J. G (1989) Ecumenism in J.N.K Mugambi (ed.) Christian Mission and Social
Transformation: A Kenyan perspective. Nairobi: NCCK.

34. Why were Africans in Kenya denied to grow cash crops and did this impact on
Africans?
Most of the cash crops grown in Kenya by the Europeans included; coffee, tea, sisal and
wheat.

Reasons why Africans were not allowed to grow cash crops are;
Europeans wanted to continue getting cheap Africa labor for their farms. Africans were
expected to provide cheap labor on settler farms which could be unavailable if they would
have been allowed to practice cash crop farming as it would be their source of income.

European settlers did not want to compete with Africans. They feared they could limit their
market for produce.

European settlers claimed that Africans did not have adequate knowledge of growing cash
crops as this would lead to low quality products.

They feared that crops diseases would spread from African farms to settler plantations.

They also claimed that African farms would produce low quality crops due to inadequate
resources.

Impacts on Africans.
The denial of African participation in cash crop farming impacted Africans. First, Africans
were pushed into reserves since most of their land had been taken by whites to practice cash
crop farming. Most of this reserves were unproductive and overcrowded. This forced
Africans to continue working on settler farms.

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It led to poverty among Kenyan Africans. This is because they carried out small scale farms
that were unfertile and overcrowded.

The large European farms suffered acute shortage of labor since were unwilling to work on
them. This is because Europeans were brutal on Africans.

The inadequacy of laborers on the white farms in turn led to introduction of Kipande system
enforced by the Native Registration Ordinances of 1915 and 1920 to prevent African laborers
from deserting their duties on European farms.

Taxes were imposed on Africans and were to be paid in monetary forms. This made them
continue working on European farms. This taxes included hut tax, pull tax and breast tax. The
situation in reserves and landlessness forced them to supply labor in settler farms for wages
in order to pay taxes.

The traditional socio-economic set up of Africans was disrupted. Communities could no

longer migrate in search of land and pastures. Families roles changed as women increasingly
took over headship of families while men sought for paid employment.

The displaced Africans moved to towns looking for employment.

Loss of land led to bitterness and made Africans to form political organizations to demand for
their land and spread of nations. This included the Taita Hills Association which pushed for
independence.

Able-bodied African men were driven by economic pressure in African reserves to seek for
wages in towns. Most of them were only either able or willing to become townsmen
temporarily as migrant workers. The lack of the Labor increased agricultural depression,
whilst that their families were still defendant on the land, increased the whole pressure on the
tribe.

References.
Africa Today and Tomorrow

An outline of Basic Facts and Major Problems

By John Hatch.

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35. Asses the Importance of written sources in the reconstruction of Kenyan History.

Introduction
The historian’s goal is not to collect the facts about the past but rather to acquire insights into
the ideas and realities that shaped the past of lives of men and women of early societies.

Kenyan history is the study of the past institutions and culture of the people who are live in
Africa. The ecomic, political and social activities of the people who had once lived in Kenya
and studied under Kenyan history.

Written Sources of Kenyan History

This refers to the documents or written accounts which give information about past events
concerning people, examples of written sources include diaries, newspapers, journals, books,
magazines, tributes and court records.

Importance of Written Sources

It is easy to use written sources in the reconstruction of Kenyan history this is because books
or documents can be often be carried from one place to another.

They are accurate and reliable facts since written records of contemporary issues give first-
hand information which is naturally more accurate and reliable this is because dates and
events are chronologically well recorded for example minutes of a meeting give exact and
accurate time.

Effective means of keeping records since keeping accurate records of events is very difficult
especially when written sources are lacking and people solely rely on oral tradition.

It promotes research for instance when readers feel that there is a deficiency in a written
account they are encouraged to dig further in order to contribute to greater and more accurate
knowledge about the issue .SS Written sources helps in cross checking information collected
from oral and other sources of historical knowledge, this helps to reach reliable conclusion.

Documents provide more detailed information than oral sources for example dates,
illustrative pictures and even names of participants.

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 Limitations of written sources of history
Easily destroyed. Written sources can easily be destroyed by termites, rodents, fire, flood,
earthquake, humidity e.t.c.Written records destroyed by any of these disasters cannot be
retrieved unlike oral sources which can be retold.

Condition biases and distortions. Written sources may contain biases and distortios.The
writer may intentionally write to suit his opinions or leave out some aspects of the events
which are not to his liking. For example some books written by European writer’s state that
slave trading is a blessing to the people of West Africa. Others have written in their books
that until the coming of Europeans in West Africa, the history of West Africa was only wars
and misery.

False information. Once materials or information have been written down people take them to
be as facts even when they are not crosschecked. Not all the information found in writings or
books should be taken to be historical truth, there could be a little bit of exaggeration, bias or
prejudice.

Expensive. Written materials are expensive. The writer needs materials like paper, pen, books
and diary to put down events. Before one gets written materials, they may have to make use
of the other sources like archaeology and linguistics.

Difficult to get. Written materials are hard to come by, especially in Africa where the art of
writing started late. Even in Africa where they are available, they are fragmentary and far
between, since writing began very late in Africa parts from ancient Egypt. Written records are
generally scanty and scarce. Thus means that the historian has to rely more on documentary
sources making the work more difficult.

Illiteracy. Documentary sources are written materials that have been put into writing and to
be able to read one has to be literate. Many Africans cannot read nor write hence rendering
written sources of African history deficient in the reconstruction of African history.

In conclusion, the above demerits show how written materials may lead to a mislead and
difficulty in the reconstruction of the African history.

References:
Hysterography Jayapalan.N, Atlantic Publisher and Distributers.New Delhi
Hojnacki, William. (2004).History of Africa
K.Shillington, History of Africa (3rd Ed.2005).

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36. What is a constitution? What are the requirements of a good constitution? Describe
the main features of the independence constitution of Kenya.
A constitution is a set of agreed rules and principles which states how a country is governed.
It defines the state, its organization and aspirations and it establishes the structure of
government and the distribution of power among the various arms of the government. It is in
this same document that the rights of the citizens are clearly spelt out including their duties
and responsibilities in the relation to the state.

The constitution is derived in to two. The two divisions are written constitution and unwritten
constitution. For the Kenyan case, her constitution is written her first ever constitution was
introduced by colonial masters during the independence. She adopted the document that
remained in use from independence until the promulgation of the new construction in August
2010 with Mwai Kibaki at the help of the country.

Functions of the Constitution

Some of the main functions of the constitution to the country include;

It spells the duties of and the responsibilities of the government starting its limit so that the
government acts only according to the provision of the constitution.

It establishes the structure of the government and starts the power and functions of the
different organs.

It spells out the rights and freedoms of the citizens.

Factors Why Different Countries Have Different Constitution

Geography
Some countries are made up of many states such as United States of America. Japan also
consists of very many islands. During constitution making, interests of all these states and
islands must be put into background.

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Historical background
This is based on the various events and development that a country has gone through such
events may include colonialism. The Kenyan constitution for instance borrows a lot from
Britain her former colonial master.

Religious and cultural background

When coming up with the constitution of a country, the religious and cultural beliefs of the
people are being considered. They include the customary and Sheria laws.

Racial composition
There are countries comprised of more than one race. In such counties, their constitution must
put into consideration all their interests.

Types of constitution
i) Written constitution

ii) Unwritten constitution

Written constitution
It is the one that has its legal fundamental principles and rules of the state formally and
conscious written in one document. A written constitution can be amended through a
predetermined process.

The earliest written constitutions is that of America that was written in 1787 and enacted in
1789. Kenya, France and Germany also have this type of the constitution.

Advantages of written constitution

It's readily available for reference since it's a single document and all the provisions of the
constitution are contained within the document. It is specifically helpful in times of crisis.

As the process of amendment is clearly stipulated, it's rigid and therefore cannot be easily
tempered with.

It's a product of a rigorous process, therefore it's clear and definite in addressing various
issues.

It clearly outlines the process, terms, relation and duties of different organs of government
ensuring they do not come into conflict with each other.

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It helps to promote national unity in the country since it acquires recognition and acceptance
from the majority of the citizens.

It helps to safeguard the rights of and interest of the minority group.

Disadvantages of written constitution

It employs a complex language thus making the majority of citizens not to comprehend it
clearly.

Given that the amendment of a written constitution is procedural, it tends to respond slowly
to the rapidly changing circumstances within the state due to its rigidity.

The amendment procedure is slow and costly. This causes delays culminating into civil
disorders. It fails to address emerging issues due to amending rigidity.

Unwritten constitution
This is when the fundamental rules and principles of a state are not contained in a single
document but are drawn from various other sources.

The United Kingdom for instance has its rules and principles drawn from the following
sources;

Constitutional milestones- such as the Magra corta (1215) which was an agreement between
King John and the robility that guarantee such privileges for all Englishmen.

Legislation- this refers to the laws that are part of the fundamental principles of the state and
contribution to its aspirations. They include;

1. The petition of the right act (1628) that prevented the state from rising taxes without the
consent of parliament.

It also prohibited the imprisonment of people without a lawful cause.

2. The Habeas corpus act (1679) that established the rights of prisoners to an immediate trial.

3. The bill of right act (1689) that limited the powers of minority.

4. The act of settlement (1701) that granted the independence to the judiciary.

5. The act of Union (1707) that united the parliament of Scotland and England.

Case law- refers to specific rulings made by the British courts that have had an impact on the
principles of the state.

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They include the judgement that determined the rights of the parliament and that of Sir
Edward Coke, Chief Justice that the reign of James I who ruled that the monarchy by Devine
rights was illegal.

Parliamentary customs- The tradition, custom and rules of the British parliament form part of
the constitution as they define legislative arm of the government. These are contained in the
various parliamentary records such as the Hansard which is the verbatim record of
parliamentary proceedings.

Commentaries- These are writings, opinions and assertion of respected scholars such as John
Selden who denied the divine origin of the monarchy. Asserting that the institution was man-
made for the benefits of human beings. The writings of John Locke justified the deposition of
the kings.

Constitutional convention- Political traditions or agreement which have been followed or

applied over a period of time, although they have little or no basis in law. The party system
and the powers of the prime minister are the results of such convention (1689)

Advantages
Relatively simple to amend as they are altered like ordinary laws.

They are more accessible since they are homegrown.

Flexible and easily adopted to prevail the situation in the state.

Disadvantages
The ease and simplicity of amendment levels it open for manipulation by the legislative arm
of the government. They tend to be indefinite and imprecise in comparison to the written
ones.

Too much power is given to the judiciary that has the duty of interpreting the constitution.

Does not guarantee sufficient protection of rights of the citizens.

Characteristics of a good constitution

Clarification: A good constitution ought to clearly defined and spelt out its content. It
includes the use of a language that is understandable to everyone.

Comprehensiveness: It should address as many component of the state as it can as clearly as

possible and in detail to avoid disputes and misunderstanding.

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Flexibility: It should be flexible enough to respond to changes the state while maintaining the
state’s overall principles and aspirations.

Bill if rights: The rights of all citizens and their freedoms out to be clearly stipulated in the
constitution which should also provide for the protection of these rights and freedoms.

Durability: It should be durable and last for a reasonable length of time without requiring
amendment.

Amendment: Provision of the amendment of the constitution should be included, distinctly

starting which sections can be amended and which cannot as well as who can participate in
the amendment.

Independent constitution
The process of developing the independence constitution included the decolonization of
Kenya. Kenya was granted self-internal governance on 1st June 1963.

The main characteristics of the independence constitution was a Westminster government

with a federal or majimbo system.

At independence, Kenya was to be a dominion within the British Commonwealth with the
queen as the head of state and represented in Kenya by a governor general.

Features of the independent constitution

The executive
The head of state was the governor general who ruled on behalf of the Queen. He enjoyed
wide ranging powers concerning internal security and foreign affairs. He could also rate
legislations.

The government of Kenya was headed by the prime minister appointed by the governor
general. The prime minister was to be chosen from among the members of the House of
Representatives and was supposed to enjoy support from the majority of the members.

The constitution also provided for an independent civil service that was to be recruited by the
public service commission

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Legislature
The legislative functions of the government were to be performed by the National Assembly
and composed of the house representatives (lower House) and the senate (upper house). They
had 117 directly elected members representing constituency and they served for five years.

The judiciary

The constitution established the independent judiciary.

The Attorney General and judges enjoyed security of the tenure.

The JSC was established to protect independence of the judiciary.

Federalism
Kenya was divided into seven regions namely; Coast, Western, Nyanza, Rift Valley, Central,
Eastern and North Eastern.

Each of the regions had its own legislative and executive structure.

Rights and freedoms

It contained a section known as the bill of rights which attained the rights and freedoms of the
citizens.

Citizenship
Members of all indigenous Kenyan communities were entitled to Kenyan citizenship. The
migrant European and Asian communities were also entitled. It also spelt the necessary
conditions for the acquisition of citizenship.

Multi-party democracy
Provision of many political parties to spell competition during the electoral process that was
to be supervised by an independent electoral commission.

Independent electoral commission

It was established to conduct elections, voter registration and also draw up electoral
boundaries.

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