THE PARLIAMENT OF KENYA: A HISTORY OF DEMOCRATIC PROGRESS
With more than a century of development from its establishment as a colonial Council, Kenya’s National Assembly has evolved into a modern Parliament with a strong democratic tradition and a readiness to reform its practices to meet the needs of the nation, writes its Speaker.
Hon. Kenneth Marende, MP, in
Nairobi. Mr Marende is the Speaker of the Kenya National Assembly and the 2010 President of the Commonwealth Parliamentary Association, having served as its Vice- President in 2009. He chairs the Assembly’s Parliamentary Service Commission, House Business Committee, Standing Orders Committee, Powers and Privileges Committee, Speaker’s Committee and Pensions Committee. Prior to being elected Speaker in 2008, he was a National Rainbow Coalition MP from 2002 to 2007 and was re-elected in 2007 for the Orange Democratic Movement. He has been an Advocate of the High Court of Kenya since 1979.
The history of the Kenyan Parliament is an example of steady progress from colonial autocracy on a true democratic trajectory. Legislation by Parliament in Kenya began some 104 years ago. Prior to that, it had wholly been done in the United Kingdom and was conveyed as royal instructions commonly termed Orders-in- Council. Locally, they were implemented in the period 1885 to 1900 by Sir A. Harding who served as Acting Agent and who on 1 July 1895 declared Kenya an East Africa Protectorate. The first independent Commissioner and Consular-General for the East Africa Protectorate was Sir Charles Elliot who was appointed in 1900. In 1902, European settlers, who had come as farmers, formed a loose political-cum-welfare group, the Colonists Association. Through this association, which may be considered the first political party in Kenya, the European settlers started agitating for representation in the governance of the colony by laying claim to the ancient liberties of every British
2 | The Parliamentarian | 2010: Issue Three - Kenya Hon. Kenneth Marende, MP
citizen, that is: no taxation without representation. They then remitted a petition to the Secretary of State for Colonies in 1905 demanding representation in the administration of Kenya. The response of the British government was signed in a 1906 Order-in-Council and an Executive Council chaired by the Governor was established to assist the latter in the administration of Kenya. Provision was also made for the setting up of a Legislative Council. First Bills and committees The Executive Council legislated until mid-August 1907
and handed over to the Legislative Council (LEGCO) which held its first sitting on 17 August 1907. The all-European LEGCO was composed of the Governor, Sir James Hayes Sadler as Chair, and seven other Members, four ex- officio (two nominated unofficial) and three officials who were nominated by the Governor. Among the first business transacted by LEGCO on 17 August were two Bills:
• A Bill for the abolition of legal status for slaves and slavery throughout the East Africa Protectorate which was passed by the Council; and
• A Bill for the regulation of the sale of intoxicating liquor in the East Africa Protectorate. This was not passed but instead committed to a committee of the Council which could be the first recorded formation of select committees by the Legislature.
Committees have steadily increased and currently there are