Politics

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Politics is the process by which groups of people make decisions. The term is generally applied to behavior within civil governments, but politics has been observed in all human group interactions, including corporate, academic, and religious institutions.

Politics consists of “social relations involving authority or power”^[1] and refers to the regulation of a political unit, ^[2] and to the methods and tactics used to formulate and apply policy.^[3]

Political science (also political studies) is the study of political behavior and examines the acquisition and application of power. Related areas of study include political philosophy, which seeks a rationale for politics and an ethic of public behavior, and public administration, which examines the practices of governance.

Contents [hide] 1 Key political concepts 1.1 Pragmatic view of power 1.2 Authority and legitimacy 1.2.1 Traditional authority 1.2.2 Charismatic authority 1.2.3 Legal-rational authority 1.3 Sovereignty 2 Political philosophies 2.1 Confucius 2.2 Plato 2.3 Aristotle 2.4 Niccolò Machiavelli 2.5 Thomas Hobbes 2.6 John Locke 2.7 Jean-Jacques Rousseau 2.8 John Stuart Mill 2.9 Karl Marx 2.10 Normative faces of power debate 2.11 Postmodern challenge of normative views of power 3 Political spectra 3.1 Left-Right politics 3.2 Authoritarian-Libertarian 4 See also 4.1 Lists 4.2 Related topics 5 References

[edit] Key political concepts

[edit] Pragmatic view of power

Samuel Gompers‘ maxim, often paraphrased as,”Reward your friends and punish your enemies,”^[4] hints at two of the five types of power recognized by social psychologists: incentive power (the power to reward) and coercive power (the power to punish). Arguably the other three grow out of these two:

Legitimate power, the power of the policeman or the referee, is the power given to an individual by a recognized authority to enforce standards of behavior. Legitimate power is similar to coercive power in that unacceptable behavior is punished by fine or penalty.

Referent power is bestowed upon individuals by virtue of accomplishment or attitude. Fulfillment of the desire to feel similar to a celebrity or a hero is the reward for obedience. This is an example of incentive power as one rewards oneself.

Expert power springs from education or experience. Following the lead of an expert is often rewarded with success. Note that expert power is conditional to circumstances (for example, if leaky pipes needs to be repaired, a brain surgeon’s advice probably would not carry as much weight as a plumber’s).

[edit] Authority and legitimacy

Main article: Tripartite classification of authority

Authority, in a political sense, is different from political power in that it implies legitimacy and acceptance; it implies that the person or state exercising power has a perceived right to do so.^[5] Legitimacy is an attribute of government gained through the acquisition and application of power in accordance with recognized or accepted standards or principles.

Max Weber identified three sources of legitimacy for authority, known as the tripartite classification of authority.^[6] He proposed three reasons why people follow the orders of those who give them:

[edit] Traditional authority

Traditional authorities receive loyalty because they continue and support the preservation of existing values, the status quo. Weber called this “the authority of the eternal yesterday”.^[6]Patriarchal (and more rarely matriarchal) societies gave rise to hereditary monarchies where authority was given to descendants of previous leaders. Followers submit to this authority because “we’ve always done it that way.” Examples of traditional authoritarians include absolute monarchs.

[edit] Charismatic authority

Charismatic authority grows out of the personal charm or the strength of an individual personality (see cult of personality for the most extreme version). Charismatic regimes are often short-lived, seldom outliving the charismatic figure that leads them. For a charismatic regime to survive the rule of the individual personality, it must transform its legitimacy into a different form of authority. An example of this would be Augustus‘ efforts to create the position of the Roman principate and establish a ruling dynasty, which could be viewed as a shift to a traditional form of authority, in the form of the principate that would exist in Rome for more than 400 years after his death.

[edit] Legal-rational authority

Legal-rational authorities receive their ability to compel behavior by virtue of the office that they hold. It is the authority that demands obedience to the office rather than the office holder; Weber identified “rationally-created rules”^[6] as the central feature of this form of authority. Modern democracies are examples of legal-rational regimes. People also abide by legal-rational authority because it makes sense to do so for their own good, as well as for the greater good of society.^{[citation needed]}

[edit] Sovereignty

Main article: Sovereignty

Sovereignty is the ability of a government to exert control over its sphere of influence free from outside interference.

This is a brief snap picture of Kenya:

* Kenya was first populated by a number of small dispersed tribal groups, the main groups were the Kikuyu, Kamba, Luo and Masai. These tribes shared the same area of land although they all had different origins.
* It wasn’t until the 19th century that outsiders entered the interior of the country and as a result Kenya escaped the worst of the Arab slavers who concentrated more further to the south.
* The coast however helped to form an important part of a chain of Omani Arab trading posts. These strings of trading posts dealt mainly in ivory and slaves and were under the control of the Sultan of Zanzibar.
* The overshadowing of the Sultan’s powers started in the late 19th century when both British and German personnel obtained trading concessions along the coast.
* Britain was allotted what is now Uganda and Kenya; Germany was allotted what is now mainland Tanzania.
* In 1893 Uganda became a British protectorate closely followed by Kenya - 1895. The British were just interested in controlling the rich resources of Uganda and to facilitate this they built a railway between Mombasa and Kampala using labourers from India, many of whom remained and have become todays merchant class.
* At the turn of the century British attention was drawn away from Uganda and settled upon Kenya. White farmers went in and set up plantations producing export crops. During this process many Africans lost their land; they were then forced onto inferior land or onto the labour market as a result of hut taxes imposed by the colonial administration.
* By 1915 the majority of the fertile highlands were being used by the British and racial segregation of land effectively excluded Africans and Asians from owning properties there.
* Presently a large majority of the land is still owned by expatriate or politicians and the country’s employment problems are caused by the fact that there is limited access to the land and because only seven per cent of the total area receives enough rainfall to support agriculture.
* Some tribes remained virtually unaffected by the plantations.
* The pressure over land ownership and the controls over cultivation and marketing of cash crops by Africans prevented them from competing with the white settlers leading to the formation of nationalist organisations in the 1920’s.
* In 1929 one of the nationalist leaders Jomo Kenyatta was sent to England to negotiate on behalf of the Kikuyu Central Association.
* During World War 2, as a result of Africans being conscripted, political consciousness expanded. The consequence of this was the formation of guerrilla troops, Mau Mau, who all took an oath to commit themselves to expelling all white settlers in Kenya and to eliminate the Africans who cooperated with or benefited from colonial rule.
* In 1956 the Mau Mau rebellion was crushed, many people died also detention camps were set up and leaders of the Kenya African Union (KAU) were detained. The KAU was the successor to the Kikuyu Central Association, Dedan Kimathi the leader of the armed rebellion was executed.
* This rebellion shook both the colonial administration and white settlers. A state of emergency was declared and the restrictions on African cultivation were lifted. A lot of effort was applied to encouraging the formation of a stable middle class.
* In 1960 Britain agreed to have a conference with African leaders to discus the future of the colony The state of emergency was lifted. The Kenyan African Union reformed into the Kenyan African National Union (KANU) and Jomo Kenyatta turned from a feared leader of black nationalism into a grand old man of the settlers. He was released from prison and became the leader of the KANU.
* KANU won the elections in the following year and voted in favour of a parliamentary system as opposed to a federal system which was proposed by the party of the minority tribes.
* In 1963 independence was granted with Jomo Kenyatta as the country’s first president.
* In 1978 Kenyatta died. His ideas earned him many critics among them the vice-president Oginga Odinga who was part of an opposition party which was banned in 1966. Oginga Odinga was imprisoned, then he was released after agreeing to join the KANU. In 1969 Tom Mboya a powerful
member of Luo’s government was assassinated leading to racial riots between the Kikuyu and Luo.
* During the early 1970’s Kariuki became the principle opposition leader until 1975 when he was assassinated, the army and parliamentary police acted to restore order.
* Daniel Arap Moi took over from Kenyatta, he had an increasingly autocratic style and repression increased.
* Moi was successful in settling a dispute with Somalia over its borders and normalised relations with Tanzania.
* In 1982 a failed coup led by the Kenyan air force, led to the disbanding of the air force and the creation of a completely new unit.
* In 1990, following the assassination of the Kenyan foreign minister Robert Ouko who had threatened to reveal the names of corrupt ministers, major aid donors withdrew all support.

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Kenya Timeline

A time line overview of big and small events in the history of Kenya.

Prehistoric time

Some of our earliest human ancestors (Homo erectus and Homo habilis) walked on East African ground more than 2 million years ago. Several skulls and fragments has been found in Kenya and neighbouring countries.

The Khoisan-speakers are the first modern people known to inhabit East Africa. They are followed by Cushitic people (from north), Bantu speaking groups (from Central Africa), Nilotes (from Sudan) as well as Oromos and Somalis (from Ethiopia).

Arabian and Portuguese traders/invaders

8th century AD: The first visits by Arabian and Persian traders to East Africa are made. Some Arab traders stays in the region and brings a Muslim influence to the culture. Most areas of Kenya are inhabited at this time, but most trade and development takes place in the coastal region. Trade with ivory, rhino horn, gold, shells and slaves makes Mombasa, Malindi and the Islands Lamu, and Pate into important centres of trade.

The 15th century: The Coast is rich and the cities are great in this period. It becomes the first centre of trade out of Africa. The African groups on the coast gradually forms the Swahili culture adapting Islam as their religion. The common religion makes way for better understanding and business with the Arabs. Religious beliefs (Islam and later Christianity) also gives status in society (this can still be seen in the pride of many religious people in Africa). Some Africans may have turned to Islam simply to avoid being sold as slaves. The Swahili were mainly black Africans and it were these people who build the great cities along the coast.

The Swahili people makes a fortune on trade and forms business families. They are able to communicate better with the foreign traders as the Kiswahili language develops. They also serves as middlemen for those wanting to sell gold and Ivory from deep within the continent.

The trade net grows to cover Africa, Arabia, Persia, India and China. It is recorded that traders even succeeds to send a live Giraffe all the way the Emperor of China.

1498: Portuguese explorer Vasco da Gama reaches East Africa with ships and guns. Until now most meetings with foreigners has been relative peaceful, but the Portuguese are eager to get their hands on the rich trade around the Indian Ocean. The Swahili people gives Vasco da Gama what he wants: They direct him on the way to India -and are happy to sea him leave. (See also Mozambique Timeline).

1505: The Portuguese invades, slaughters and robs most cities on the East Coast of Africa. Dom Francisco de Almeida arrives with 23 ships and approximately 1500 soldiers. Mombasa is bombed and the occupied by Portuguese troops.

The next 200 years are marked by the fights between the Arabs and the Portuguese for control of the region. The main losers in this long struggle are the Africans, seeing their towns destroyed all along the coast.

1585 and 1589: The Ottoman Turks tries to regain their power on the Kenyan Coast but are beaten by the Portuguese. Portugal starts a brutal colonial rule and exploitation of the Africans and their resources. With weapons in hand they try to convert people into Catholicism, but Islam has already grown strong on the coast.

The Portuguese Fort Jesus in Mombasa. Photo: © Jacob Crawfurd. View more photos from Mombasa.

1593: Mombasa becomes the local centre of Portuguese power. Fort Jesus is constructed in Mombasa harbour to defend the city from the seaside and also against a growing resistance among the Swahili people.

1698: Fort Jesus and Mombasa are finally lost to the Arabs after 33 months of siege. After a few years the Portuguese has left Kenya completely. Arab sultans now rules over different parts of the coast.

19th Century: The European countries starts a race of land grabbing in Africa. In East Africa it is mainly Germany and England competing in making colonies and protectorates. By now a political pressure has influenced Britain to try and stop the African slave trade.

1822: The Sultan of Oman (Sayyid Said) sends an army to East Africa. He claims control of all Swahili dynasties along the coast. The local Swahili clans resists to give up their power and asks Britain for help. Two warships are send from Britain and the captain declares the Mombasa region for British protectorate. The protectorate is given up after 3 years.

1832: The sultan of Oman moves with his court to Zanzibar. He starts plantations of cloves and develops trade routes deeper into Africa. Spice production and export of Ivory and slaves are an important economic injection for the Sultan’s empire.

1847: The first European missionaries starts traveling west and exploring more of Kenya. The Germans, Krapf and Rebmann, are the first to reach Taita Hills and later gives the first reports of seeing Mount Kilimanjaro and Mount Kenya.

May 1, 1873 : Dr. David Livingstone dies in Central Africa. His body is carried on a month-long journey to Zanzibar.

1877: the Sultan offers the company British East Africa a concession of administration in East Africa. The British completely ignores the Swahili people -only negotiating with the Sultan on Zanzibar. Their racist prejudices makes them believe that the East African Coast has only developed because of the Arabs.

British Crown Colony

1886: The European colonial powers divides Africa between them at a conference in Berlin. Germany and Britain are the main players in the game of control with East Africa. The Sultan of Oman is still granted a strip on the Coastline.

1888: Imperial British East Africa starts “economic development” in their possessions (today’s Kenya and Uganda).

1894: Jomo Kenyatta is born in Ichaweri.

1895: Britain’s protectorate is formed and officially named British East Africa.

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1898: Construction of a railway from Mombasa to Lake Victoria is progressing fast, but delayed in Tsavo. Two lions kills and eats 135 Indian and African railway workers. Lt. Col. J.H. Patterson manages to kill the lions after hunting them for nine months. The events were dramatised in the film The Ghost and The Darkness. The man-eating lions are still on display in The Field Museum, Chicago.

1898: The railway reaches half way through Kenya. The city of Nairobi is founded a few years later.

1901: The railway from Mombasa to Kisumu is completed with its 965 km. European and Indian settlers now arrives in great numbers to East Africa. White settlers are favoured from the beginning and given influence on the management of the colony. The African inhabitants of the “White highlands” are forced into “native reserves”. In the following years several local uprisings are stopped by British soldiers. As in the other African colonies some tribes are favoured by the British. This makes the foundation for jealousy, hatred and ethnic clashes for generations ahead.

1902: The border between Kenya and Uganda is adjusted. Before this Kisumu and the area around Lake Victoria was a part of Uganda.

1905: First experiments with growing coffee in Kenya are made by British settlers. Today Kenya is the African country exporting most coffee.

1907: The British colonial administration moves from Mombasa to Nairobi.

View to Ngong Hills from the Blixen farm. More photos from Nairobi Highlands. Photo: © Jacob Crawfurd.

January 1914: 28 year old Karen Blixen (also known as Isak Dinesen) arrives in Kenya with her husband Bror Blixen. They settle on a farm close to Nairobi and starts growing coffee. Karen Blixen has no experience and no success with farming but after returning to Denmark in 1931 she becomes a well known writer.

1914: World War I also includes Africa. 200,000 Africans are recruited in Kenya by the British Army. One fourth of them dies.

1915: The British settlers requires more land. Another 5186 hectares are taken from the Africans. The “Registration Act” forces all African adult males to carry identification whenever leaving the reserves.

1921: The protectorate becomes Kenya and gets status of British Crown Colony. A British governor administrates the colony.

1922: Foundation of East African Breweries (today: Kenya Breweries, producing the popular “Tusker” and other brands).

1922: Africans educated in the Missions starts protesting against the British policies. Harry Thuku, leader of the East African Association (EAA) is arrested. Another young Kikuyu from EAA is about to begin his career: Jomo Kenyatta leaves for university Studies in England (1931) and returns to become a political leader years later.

1923: The first tea plantation is founded in Kenya. A law ensured that only the European settlers could profit from growing tea and coffee for export.

1924 : Daniel Arap Moi is born in Baringo.

1933: American writer Ernest Hemingway visits Kenya and writes some of his most famous stories.

1939: Labour unions are becoming stronger in the colony. Strikes hits hard on Mombasa.

1944: A organisation for African independence is formed: Kenyan African Union (KAU).

1947: Jomo Kenyatta becomes leader of KAU.

Mau Mau rebellion

1952: A political Kikuyu group called “Mau Mau” starts violent attacks on white settlers. The Mau Mau guerillas are organised in Kenya Land Freedom Army (KFLA). Jomo Kenyatta is regarded to be leader of the “Mau Mau” and he is jailed the following year. The Mau Mau rebellion continues and Britain declares a state of emergency in Kenya.

February 6, 1952: The young Elizabeth stays in the Aberdare Treetop Hotel when her father, King George VI, dies of cancer. She returns to England as Queen Elizabeth II.

October 1956: The leader of KLFA, general Dedan Kimanthi is captured by British troops with assistance from a loyal Kikuyu group. The Mau Mau are now without efficient leadership.

1956: The Mau Mau warriors kills more Africans loyal to the British than white people. Around 50,000 British soldiers are set in against the rebellion. They burn down villages and carry out bomb attacks from airplanes. When the rebellion is finally put down a total of app. 12,000 Africans are killed -and only about 30 Europeans. 100,000 Africans are imprisoned.

1957: Dedan Kimanthi is executed.

195?: Kenyan songwriter Fadhili William records the pop song Malaika. The song becomes a world-wide hit and as has since been recorded by several other artists.

1957: Ghana is the first African colony to gain independence. (See also Ghana Timeline)

1959: Kenyatta is transferred from jail to house arrest. Formation of political parties are now allowed and African politicians are invited for negotiations in London.

1960: Britain gives in to the pressure and starts preparing Kenya for independence. Estimated 60,000 Europeans now live in Kenya.

1960: A team of archaeologists led by Mary and Louis Leakey finds a skull of Homo Habilis near Lake Turkana in Northern Kenya. The skull is estimated to be 1.8 million years old.

1961: House arrest ends for Kenyatta and he becomes leader of the political party KANU.

Independence

December 12, 1963: : Kenyan independence day.

1964: The Republic of Kenya (Jamhuri ya Kenya) is formed with Kenyatta as president and Oginga Odinga as vice president. The party KADU dissolves and integrates with KANU. The government is without opposition.

1966: The Luo politician Oginga Odinga is excluded from the Kikuyu dominated KANU party. He tries to start an opposition party, but is arrested several times during the following years.

1969: Conflicts between ethnic groups continue. The Luo politician Tom Mboya aspires to future presidency and is assassinated by a Kikuyu. Odinga is arrested.

1974: Jomo Kenyatta is re-elected as president. Kiswahili becomes official language in the parliament.

1976: Border problems and regional tensions: The Ugandan dictator Idi Amin claims huge parts of Kenya and Sudan.

1977: Big game hunting becomes prohibited by law.

August 22, 1978: Jomo Kenyatta dies in his home in Mombasa. During his presidency Kenya has become one of the most stable and prosperous countries in Africa. In spite of mistakes and some degree of paranoia, Kenyatta was loved by most Kenyans and respected by politicians abroad. The Republic of Kenya held many promises which were soon to fade.

Kenya’s second president

October 6, 1978: Daniel Toroitich Arap Moi becomes president of Kenya. At the time he is not seen as a very strong politician, but he was vice president for Kenyatta and the parliament agrees on the choice. This is partly because as a Kalenjin (Tugen) he is not representing any of the dominant tribes in Kenya. The new national slogan launched by Moi is “nyayo” -follow the tracks. But soon Moi starts hitting hard on opponents, banning tribal societies and closing universities. The president makes more and more frequent use of prisons and guns in the coming years.

1979: The president launches a plan for protection of Rhinos in Kenya.

June 1982: The Republic of Kenya is officially declared to be a one party state by ruling party KANU.

August 1982: The Kenyan Airforce attempts a military coup. A few days pass in uncertainty and 120 people are killed. Then forces loyal to the government puts an end to the rebellion. Following the coup-attempt, 12 people are sentenced to death and 900 are jailed.

1985: Hollywood premieres Out Of Africa filmed on location in Kenya, starring Meryl Streep and Robert Redford.

1987: President Moi is re-elected after introducing a complicated and highly criticised voting system. Opposition leaders including Kenneth Matiba are jailed without trial.

1989: Paleontologist Dr. Richard Leakey becomes manager of the Department of Wildlife in Kenya. President Moi burns of 12 tons of ivory, making a public statement against poaching.

1990’s: Communist regimes in eastern Europe collapses, putting an end to “the Cold War” era. USA and Western Europe has supported corrupt regimes all over Africa in their attempt to keep communism from the door. But now they loose interest in the continent. For the first time donor countries makes demands of democratic development and puts pressure on the Kenyan government. Multiparty systems are a public demand all over the continent and the governments no longer has Western support to suppress the opposition.

The KANU Youth group is used as pro-government troublemakers. In the following years KANU Youth are used to harass opposition members and provoke riots in democratic demonstrations. The KANU Youth has also been involved in the unleash of violence and ignition of ethnic clashes.

July 7, 1990: An illegal demonstration becomes known as the “Saba Saba” (Seven Seven - the date in Swahili). The government sends in police and military, killing at least 20 and arresting several hundreds, including politicians, human rights activists and journalists.

The skyline of Nairobi photographed by Jacob Crawfurd in 1997. View more photos from Nairobi.

1991: A new opposition party is formed under the name Forum for the Restoration of Democracy (FORD). The party is at first banned by Moi. Leaders, including Oginga Odinga, are arrested. Most Western countries suspends their economic aid to Kenya in condemnation of the political oppression and abuses of human rights. Moi finally gives in and introduces the multiparty system in Kenya: The constitution is changed, for the first time allowing registration of opposition parties.

Political violence on the road to democracy

1992: Political discussions slowly becomes more common on the streets and some people even dare to hope for a change. But at the same time many people fears the wars, violence and chaos in other African countries. An argument often heard is that Moi may be one the most corrupt leaders in the world, but he has kept Kenya peaceful.

Prior to elections, 2000 are killed in ethnic clashes in the Rift Valley region. It is almost certain that the violence was provoked by KANU. But President Moi manages to end the conflict and makes himself an image as the peace maker.

1992: The Ford party splits into two fractions. Moi gains more power as the opposition waste their efforts on internal conflicts.

December 29, 1992: Moi is re-elected as President in Kenya’s first multiparty election. All foreign observers reports that KANU manipulated the voters and election in every possible way.

1993: International donors, IMF and the World Bank forces the government to start economic reforms in Kenya.

1994: Oginga Odinga dies. The opposition parties form a new coalition, but are still having strong internal disputes. Moi is becoming more and more clever in setting up opposition members against each other.

“We want to see our president”. A group of Masais demonstrates near Nakuru in 1995. Photo: Jacob Crawfurd.

1995: Paleontologist Richard Leakey forms Safina, a new opposition party. The Leakey family is famous for their archaeological findings in Kenya. Moi argues strongly against having white men in government.

1996: KANU announces a wish to change the constitution allowing Moi to stay in office for one more term.

1997: Demonstrations for democracy are frequent in Kenya.

August 14, 1997: 200 raiders attacks the police station in Likoni, Mombasa. Prisoners are freed, six police officers and seven civilians are killed. The violent attackers steels rifles and ammunition. In the following weeks horror rules on the coast with massacres and ethnic violence. Many people are on the run. Who started this, and why was nothing done to stop it?

1997: Daniel Arap Moi wins his 5th term as president in criticised elections. Once again Moi has succeeded to play opposition and ethnic groups against each other.

1997: The El Nino weather phenomena brings cascades of water to the Kenyan coast. Several thousands are left homeless.

September 8, 1997: President Mobuto Sese Seko of Zaire (D. R. Congo) loses his power and dies soon after. Mobuto was considered to be the richest man in Africa. According to an Ugandan newspaper, Daniel Arap Moi is a possible number two. (The Monitor, August 4, 1997)

August 1998: 230 people are killed when a bomb explodes in Nairobi’s US embassy. At the same time people are killed by a terror bombing in Tanzania. The bombings are later linked to Osama Bin-Laden and the Al-Qaeda terrorist network.

Kenya politics:
Human Rights Watch: Kenya report 2002
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Elections in Kenya
Listing of political parties in Kenya.
Learn more about the visions of ruling party KANU on their website.
Democratic Party of Kenya
Gado is a popular cartoonist in a Kenyan newspaper. Enjoy his satiric comments.
Search the Daily Nation newspaper archive (starting 1997)

1999: Richard Leakey becomes minister in the KANU government. He is tasked with fighting corruption in Kenya.

June 2001: Moi forms the first coalition government in Kenya. Opposition leader Raila Odinga becomes minister of Energy.

August 2001: 3 million people starves as Northern Kenya suffers from drought.

2001: Several anti-corruption initiatives are started in order to please the IMF.

October 2001: Uhuru Kenyatta (son of Jomo Kenyatta) is appointed to parliament and a cabinet post by President Moi. The inexperienced Uhuru Kenyatta is later appointed by Moi to be his successor in the presidential office.

2001: Ethnic clashes breaks out again. Worst in the Kibera slum area of Nairobi. As the violence continues the government stays passive. Some people fears that Moi would like to see chaos break out in Kenya after he gives up presidency.

The third president

December 27, 2002: Election in Kenya. Moi is leaving the office to opposition leader Mwai Kibaki.

Kibaki soon announces that Kenya will provide free primary schooling for all children.

Another important law from Kibaki is new rules for Matatu-owners. The matatus are privately-owned mini-busses. They are loud and colourful contributions to Kenyan culture, but also notorius for their high rate of accidents (more than 3,000 dies in road accidents every year). The new laws are made to improve traffic security, but the matatu owners have protested and paralysed the country with strikes and new high fares.

1904 MAASAI AGREEMENT
AGREEMENT, dated 10th August, 1904, between HIS MAJESTY’S COMMISSIONER for the EAST AFRICA PROTECTORATE and the CHIEFS of the MASAI TRIBE.

We, the Undersigned, being the Lybons and Chiefs (representatives) of the existing clans and sections of the Masai tribes in East Africa Protectorate, having, this 9th day of August, 1904, met Sir Donald Stewart, His Majesty’s Commissioner for the East Africa Protectorate and discussed fully the question of a land settlement scheme for the Masai, have, of our own free will, decided that it is for our best interests to remove our people, flocks, and herds into definite reservations away from the railway line, and away from any land that may be thrown open to European settlement.
We have, after having already discussed the matter with Mr. Hobley at Naivasha and Mr. Ainsworth at Nairobi, given this matter every consideration, and we recognize that the Government, in taking up this question, are taking into consideration our best interests.
Now we, being fully satisfied that the proposals for our removal to definite and final reserves are for the undoubted good of our race, have agreed as follows:-
That the Elburgu, Gekunuki, Loita, Damat, and Laitutok sections shall remove absolutely to Laikipia, and the boundaries of the Settlement shall be, approximately, as follows:-
On the north, by the Loroghi Mountains.
On the west, by the Laikipia (Ndoror) Escarpment.
On the south, by the Lesuswa or Nyam and Guaso Narok Rivers.
On the east, by Kisima (approximate).
And by the removal of the foregoing sections to the reserve we undertake to vacate the whole of the Rift Valley, to be used by the Government for the purposes of European settlement. Further, that the Kaptei, Matapatu, Ndogalani, and Sigarari sections shall remove into the territory originally occupied by them to the south of Donyo Lamuyu (Ngongo), and the Kisearian stream, an to comprise within the area the Donyo Lamuyu, Ndogalani, and Matapatu Mountains, and the Donyo Narok, and to extend to Sosian on the west.
In addition to the foregoing, Lenana, as Chief Lybon, and his successors, to be allowed to occupy the land lying in between the Mbagathi and Kisearian streams from Donyo Lamuyu to the point where both streams meet, with the exception of land already occupied by Mr. Oulton, Mr. McQueen, and Mr. Paterson.
In addition to the foregoing, we asked that a right of road to include certain access to water be granted to us to allow of our keeping up communications between the two reserved areas, and further, that we be allowed to retain control of at least 5 square miles of land (at a point on the slopes of Kinangop to be pointed out by Legalishu and Masakondi), whereat we can carry out our circumcision rites and ceremonies, in accordance with the custom of our ancestors.
We ask, as a most important point in this arrangement, that the Government will establish and maintain a station on Laikipia, and that officers whom we know and trust may be appointed to look after us there.
Also that the Government will pay reasonable compensation for any Masai cultivation at present existing near Nairobi.
In conclusion, we wish to state that we are quite satisfied with the foregoing arrangement, and we bind ourselves and our successors, as well as our people, to observe them.
We would, however, ask that the settlement now arrived at shall be enduring so long as the Masai as a race shall exist, and that European or other settlers shall not be allowed to take up land in the Settlements.
In confirmation of this Agreement, which has been read and fully explained to us, we hereby set our marks against our names, as under:-
LANANA, Son of Mbatian, Lybon of all the Masai.
MASAKONDI, Son of Arariti, Lybon at Naivasha.
Signed at Nairobi, August 15, 1904:-
LEMANI, Elmura of Matapatu.
LETEREGI, ditto.
LELMURUA, Leganan of Kapte.
LAKOMBE, Elmura of Kapte.
LIMOISONG, Elmura of Ndogalani
LISIARI, Elmura of Ndogalani.
MEPAKU, Head Elmoran of Matapatu.
LAMBARI, Leganon of Ndogalani.
Naivasha, representing Elburgu, Gekunuku, Loita, Damat, and Laitutok:-
LEGALISHU, Leganon of Elburgu.
OLMUGEZA, ditto.
OLAINOMODO, ditto.
OLOTOGIA, ditto..
OLIETI, ditto.
LANAIRUGU, ditto.
LINGALDU, ditto.
GINOMUN, ditto.
LIWALA, Leganan of Gekunuki.
LEMBOGI, Leganan of Laitutok.
Signed at Nairobi, August 15, 1904:-.
SABORI, Elmura of Elburgu.
We, the undersigned, were interpreters in this Agreement:
C. W. HOBLEY, (Swahili).
MWE s/o LITHIGU (Masai).
LYBICH s/o KERETU (Masai).
WAZIRI-BIN-MWYNBEGO (Masai).
I, Donald Stewart, K.C.M.G., His Majesty’s Commissioner for the East Africa Protectorate, hereby agree to the foregoing, provided the Secretary of State approves of the Agreement, and in witness thereof I have this 10th day of August, 1904, set my hand and seal.
D. Stewart
We, the undersigned officers of the East Africa Protectorate Administration, hereby certify that we were present at the meeting between His Majesty’s Commissioner and the Masai at Naivasha on the 9th August, 1904, and we further heard this document fully explained to them, and witnessed their marks affixed to same:
C. W. HOBLEY,
Acting Deputy Commissioner.
JOHN AINSWORTH,
His Majesty’s Sub-Commissioner, Ukamba.
S. S. BAGGE,
His Majesty’s Sub-Commissioner, Kisumu.
J. W. T. McCLELLAN,
Acting Sub-Commissioner, Naivasha.
W. J. MONSON,
Acting Secretary to the Administration.
I, Donald Stewart, K.C.M.G., His Majesty’s Commissioner for the East Africa Protectorate, hereby further agree to the foregoing parts of this Agreement concerning Kapte, Matapatu, Ndogalani, and Sigarari Masai, provided the Secretary of State approves of the Agreement, and in witness thereof I have this 15th. day of August, 1904, set my hand and seal.
D. Stewart
We, the undersigned officers of the East Africa Protectorate, hereby certify that we were present at the meeting between His Majesty’s Commissioner and the Masai at Nairobi on the 15th August, 1904, and we further heard this document explained to them, and witnessed their marks affixed to same:
C. W. HOBLEY,
Acting Deputy Commissioner.
JOHN AINSWORTH,
His Majesty’s Sub-Commissioner. Ukamba.
T. T. GILKISON,
Acting Land Officer.
W. J. MONSON,
Acting Secretary to the Administration.
I, the undersigned, hereby certify that I translated the contents of this document to the Masai Lybich, who, I believe, interpreted it correctly to the Masai assembled at both Naivasha and Nairobi.
JOHN AINSWORTH,
His Majesty’s Sub-Commissioner.
Reprinted from East Africa Protectorate, Correspondence Relating to the Masai, Command Paper No. 20360. Received 28 March 1910, House of Commons Parliamentary Papers, 1911 Volume LII pp., 730-731.
–
1911 MAASAI AGREEMENT
AGREEMENT
We, the undersigned, being the Paramount Chief of all the Masai and his regents and the representatives of that portion of the Masai tribe living in the Northern Masai Reserve, as defined in the agreement entered into with the late Sir Donald William Stewart, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, His Majesty’s Commissioner for the East Africa Protectorate, on the ninth day of August, one thousand and nine hundred and four, and more particularly set out in the Proclamation of May thirtieth one thousand nine hundred and six and published in the Official Gazette of June first one thousand nine hundred and six, do hereby on our own behalf and on behalf of our people, whose representatives we are, being satisfied that it is to the best interest of their tribe that the Masai people should inhabit one area and should not be divided into two sections as must arise under the agreement aforesaid whereby they were reserved to the Masai tribe two separate and distinct areas of land, enter of our own free will into the following agreement with Sir Edouard Percy Cranwill Girouard, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Member of the Distinguished Service Order, Governor and Commander in Chief of the East Africa Protectorate, hereinafter referred to as the Governor.
We agree to vacate at such time as the Governor may direct the Northern Masai Reserve which we have hitherto inhabited and occupied and to remove by such routes as the Governor may notify to us our people, herds and flocks to such area on the south side of the Uganda Railway as the Governor may locate to us the said area being bounded approximately as follows and as shown on the attached map.
(Not reproduced)
On the south by the Anglo-German frontier:
On the west by the Ol-orukuti Range, by the Amala River, otherwise called Eng-are-dabash or Eng-are-e-’n-gipai, by the eastern and northern boundaries of the Sotik Native Reserve, and by a line drawn from the most northerly point of the northern boundary of the Sotik Native Reserve to the south-western boundary of the land set aside for Mr. E. Powys Cobb on Mau;
On the north by the southern and eastern boundaries of the said land set aside for Mr. E. Powys Cobb, and by a straight line drawn from the north-eastern boundary of the said land to the highest point of Mount Suswas otherwise called Ol-doinyo onyoke;
On the east by the southern Masai Native Reserve as defined in the Proclamation dated June eighteenth one thousand nine hundred and six, and published in the Official Gazette of July first one thousand nine hundred and six.
Providing that nothing in this agreement contained shall be deemed to deprive the Masai tribe of the rights reserved to it under the agreement of August ninth one thousand nine hundred and four aforesaid to the land on the slopes of Kinopop whereon the circumcision rights and ceremonies may be held.
In witness whereof and in confirmation of this agreement which has been fully explained to us we hereby set our marks (finger impressions) against our names as under:-
Mark of.SEGI, son of Ol-onana (Lenana), Paramount Chief of all the Masai.
Mark of.OL-LE-GELESHO (Legalishu), Regent during the minority of Segi, head of the Molelyan Clan, and chief spokesman (Ol-aigwenani) of the Il-Kitoip (Il-Merisho) age-grade of the Purko Masai.
Mark of.NGAROYA, Regent during the minority of Segi, of the Aiser Clan.
Mark of.OL-LE-YELI, head of the Mokosen Clan of the Purko Masai, and one of the spokesmen (Ol-sigwenani) of the Il-Kitoip (Il-Merisho) age-grade of the Purko Masai.
Mark of.OL-LE-TURERE, head of the Mokesen Clan of the Purko Masai.
Mark of.OLE-LE-MALIT, one of Masikondi’s representatives, of the Lughumae branch of the Aiser Clan of the Purko Masai.
Mark of.OL-LE-MATIPE, one of Masikondi’s representatives, of the Lughumae branch of the Aiser Clan of the Purko Masai.
Mark of.OL-LE-NAKOLA, head of the Tarosero Clan of the Purko Masai.
Mark of.OL-LE-NAIGISA, head of the Aiser Clan of the Purko Masai.
Mark of.MARMAROI, uncle and personal attendant of Segi.
Mark of.SABURI. The Prime Minister of the late Chief Ol-onana (Lenana) and principal elder of the Southern Masai Reserve.
Mark of.AGALI, uncle of Segi, representing the Loita Masai.
Mark of.OL-LE-TANYAI of the Tarosero Clan, chief spokesman (Ol-sigwenani) of the Lamek (Meitaroni) agegrade of the Purko Masai.
The above set their marks to this agreement at Nairobi on the fourth day of April nineteen hundred and seven.
A. C. HOLLIS,
Secretary, Native Affairs.
OL-LE-MASIKONDI, head of the Lughumas section of the Aiser Clan: chief elder of the Purko Masai, called in the former treaty of 01 Oiboni of the Purko Masai.
OL-LE-BATIET, head of the Aiser Clan of the Purko Masai on Laikipia, Ol aigwenani of the age known as Il Merisho.
The above set their marks to this agreement at Rumuruti on the 13th day of April nineteen hundred and eleven.
E. D. BROWN
Assistant District
Commissioner,
Laikipia.
Witnesses:
J. M. COLLYER
D/C. Laikipia.
His Mark:.OL-LE-LENGIRI, of the Aiser Clan Purko Masai.
His Mark:.OL-LE-GESHEEN, head of Tarosero Clan of Purko Masai.
His Mark:.OL-LE-SALON, brother of Ol-le-Kotikosh, as a deputy for Ol-le-Kotikosh.
The above set their marks to this agreement at Rumuruti on 19th. day of April 1911.
E. D. BROWNE,
A.D.C., i/c Laikipia.
We, the undersigned, certify that we correctly interpreted this document to the Chief, Regents, and Representatives of the Masai who were present at the meeting at Nairobi.
A. C. HOLLIS,
OL-LE-TINKA, of the Il-Aiser Clan.
We the undersigned certify that we have correctly interpreted this document to the Representatives of the Masai at Rumuruti.
A. J. M. COLLYER,
District Commissioner.
OL LE TINKA. His mark.
In consideration of the above, I, Edouard Percy Cranwill Girouard, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Member of the Distinguished Service Order, Governor and Commander in Chief of the East Africa Protectorate, agree on behalf of His Majesty’s Government but subject to the approval of His Majesty’s Principal Secretary of State for the Colonies to reserve for the exclusive use of the Masai tribe the area on the south side of the Uganda Railway as defined above and as shown on the attached map, which area is coadunate with the Southern Masai Native Reserve and to further extend the existing Southern Masai Native Reserve by an addition of an area of approximately three thousand and one hundred square miles, such area as shown on the accompanying map the approximate boundaries being on the south the Anglo-German Frontier, on the west the eastern boundary of the aforesaid Southern Masai Reserve, on the north and east by the
Uganda Railway zone from the Athi River to Sultan Hamud Railway Station thence in a line drawn from the said station to the north-west point of the Chiulu Range thence along the Chiulu Range to the south-eastern extremity thereof thence by a straight line to the meeting point of the Eng-are-Rongai River and the Tsavo Rivers thence by the Eng-are Rongai River to the Anglo-German frontier and to undertake on behalf of His Majesty’s Government to endeavour to remove all European settlers from the said areas and not to lease or grant any land within the said areas (except such land as may be required for mining purposes or for any public purpose) without the sanction of the Paramount Chief and the representatives of the Masai tribe.
In witness whereof I have hereunto set my hand and official seal this twenty-sixth day of April one thousand nine hundred and eleven.
Signed sealed and delivered by the within named Sir Edouard Percy Cranwill Girouard in the presence of
C. HOLLIS
E. P. C. GIROUARD
We, the undersigned were present at a meeting between His Excellency the Governor and the Masai at Nairobi on the fourth day of April one thousand nine hundred and eleven, and we heard this document explained to the Chief and the representatives of the Masai who entered into this agreement of their own free will and with full knowledge of the contents thereof.
R. M. COMBE
Crown Advocate.
C. W. HOBLEY,
Provincial Commissioner, Ukamba.
JOHN AINSWORTH,
Provincial Commissioner, Nyanza.
C. R. W. LANE,
Provincial Commissioner, Naivasha.
S. L. HINDE,
Provincial Commissioner, Naivasha.
J. W. T. McLELLAN,
Provincial Commissioner, Kenya.
A. C. HOLLIS,
Secretary for Native Affairs.
C. C. BOWRING,
Treasurer and M.L.C.
Reprinted from East Africa Protectorate, Correspondence Relating to the Masai, Command Paper No. 20360. Received 28 March 1910, House of Commons Parliamentary Papers, 1911 Volume LII pp., 719-722Judgement of the High Court Of The East Africa Protectorate in the Case brought by the Masai Tribe against the Attorney General of the Protectorate and Others; Dated 26th May, 1913.
Presented to both Houses of Parliament by Command of His Majesty.
July 1913.
In His Majesty’s Court at Mombasa
East Africa Protectorate
Civil Case No. 91 of 1912.
Ol le Njogo and 7 others………………….……………..Plaintiffs,
The Honourable the Attorney-General and 20 others…Defendants.
JUDGEMENT
The action having been set down for argument on a preliminary point of law only on the issue of jurisdiction as raised on the pleadings by the Attorney-General, the only question that I have now to decide is whether the claims of the plaintiffs are recognisable by this court.
Mr. Home (Forester v. Secretary of State 1. A., 1872, p. 10; Musgrave v. Pulido, 5 App. Cases, p. 102) has argued on their behalf that it is not sufficient for the government merely to plead “Act of State,” but that it is incumbent on the court to scrutinise those acts which are alleged to be Acts of State so as to be able to decide whether they in fact are or are not Acts of State, and that for this purpose it will be necessary to take evidence generally; and particularly, on the point of the alleged fiduciary relationship between the Secretary of State and the Masai tribe, he wishes to put in evidence speeches in the House of Commons.
I agree that the court must satisfy itself as to the real nature of the acts which are claimed to be Acts of State, but here all the facts relied on are fully set out by the defendants in the pleadings, so that, in my view, the court is in a position to form an opinion regarding their true nature without the necessity of taking evidence generally, or considering speeches in the House of Commons, which do not create legal obligations.
Now, for the contention of the government to succeed it must be shown on the facts pleaded that the acts of which the plaintiffs complain are really such Acts of State as are not cognisable by any municipal court.
These facts are shortly as follows:-
In 1904 the then Commissioner of the Protectorate entered into an agreement with the Chief and certain representatives of the Masai tribe by which, inter alia, it was arranged that certain sections of the tribe should remove to a reserve at Laikipia. This removal took place and the tribe was consequently divided in two.
In 1911, the then Governor of the Protectorate entered into another agreement with the Chief, his regents, and certain representatives of that portion of the tribe living at Laikipia, by which it was arranged that the sections of the tribe which under the former agreement had removed to Laikipia should move south into one reserve with the remainder of the tribe.
Both of these agreements were made by the government acting on instructions from, and with the sanction of, the Secretary of State.
The Attorney-General contends that these agreements were in effect treaties while the plaintiffs prefer to call them agreements, though in their concise statement the 1904 agreement, on which they rely, is called by them a treaty. For the present I will call them agreements.
Now,. both these agreements were entered into by the representatives of the Crown in the East Africa Protectorate, in which the King exercises powers by virtue of the Foreign Jurisdiction Act, 1890, and for which with the advice of his Privy Council he ordered in 1902 that-
“The Commissioner shall administer the Government of East Africa in the name and on behalf of His Majesty, and shall do and execute in due manner all things that shall belong to his said command, and to the trust thereby reposed in him, according to the several powers and authorities granted or appointed to him by virtue of this Order and of his commission, and according to such instructions as may from time to time be given to him under His Majesty’s Sign Manual and Signet, or by Order of His Majesty in Council, or by His Majesty through a Secretary of State, and according to such laws as are or shall hereafter be in force in the Protectorate.” (Order in Council 1902(3).)
The Commissioner therefore in 1904, and the Governor (with like powers) in 1911, were both consequently acting within their authority in entering into the agreements mentioned “on the instructions of His Majesty through a Secretary of State.”
Now, the other parties to these agreements were persons whom the Commissioner and Governor, acting on behalf of the Crown, chose as representatives of the Masai tribe who with the Crown could enter into such agreements. The Masai tribe as living within the limits of the East Africa Protectorate are not subjects of the Crown, nor is East Africa British territory. But East Africa being a Protectorate in which the Crown has jurisdiction is in relation to the Crown a foreign country under its protection, and its native inhabitants are not subjects owing allegiance to the Crown but protected foreigners, who, in return for that protection, owe obedience.
For this view as to the status of a protectorate “which has never been acquired by settlement, or ceded to, or conquered, or annexed by His Majesty, or recognised by His Majesty as part of his dominions,” and of the status of the native inhabitants thereof, 1 need only refer to the case of the King v. the Earl of Crewe (2 K. B., 1910, p. 577).
The real parties to these two agreements are therefore on one side the Crown, and on the other the Paramount Chief and leading representatives of a native tribe in a foreign country under the protection of the Crown.
The main matters which are the subject of the agreements are the areas which the protecting power of the country is to reserve for that tribe as apart and distinct from the subjects of the Crown living in the same country.
In my opinion there is here no legal contract as alleged between the Protectorate Government and the Masai signatories of the agreements, but the agreements are in fact treaties between the Crown and the representatives of the Masai, a foreign tribe living under its protection. I will now consider the plaintiffs’ claims and the acts of which they complain.
The plaintiffs claim as individuals and also on behalf of the Masai of Laikipia, and also on behalf of the Masai tribe generally, that the treaty made between the Masai and His Majesty’s late Commissioner, Sir Donald Stewart, in 1904, is still in force and effect, and that the obligations undertaken therein are still binding on His Majesty’s Government. The defendants Nos. 2-19 are brought on the record as signatories to the agreement made in 1911 whereby they agreed that they and the other Masai should leave Laikipia; these defendants having no authority to enter into such an agreement and such agreement being void except as regard the said defendants.
The first three plaintiffs and the other Masai of Laikipia have been and are being wrongfully removed from the Laikipia district in breach of the said agreement of 1904.
The plaintiffs therefore claim:
I. A declaration against the defendants Nos. 1, 20 and 21 that the plaintiff and the other Masai of Laikipia and the other members of the Masai tribe generally, with the exception of the defendants Nos. 2 to 19 inclusive, are still entitled to-
(a) The Laikipia district extended as aforesaid as equitable tenants in common in unbarable entail; and
(b) To an easement of road as aforesaid between the Northern and Southern Masai Reserves; and
(c) That the 1911 agreement is not binding on the plaintiffs and the other Masai of Laikipia and the other members of the Masai tribe generally with the exception of the defendants Nos. 2-19.
II To £5,000 damages against the 1st defendant for failing to provide the road as agreed in the 1904 agreement; and
III To an inquiry as to damages against the 1st, the 20th, and 21st defendants-
(a) arising from the death of stock occasioned by such stock being illegally removed from the Laikipia district;
(b) arising from the depreciation on the value of stock wrongfully removed from the said Laikipia district.
IV. All necessary accounts and inquiries and such further and other relief as the nature of the case may require.
V. As against the 20th and 21st defendants an injunction restraining them from preventing the return of the plaintiffs and their stock to the Laikipia district; and against them compelling any of the Laikipia Masai and their stock to move from the said Laikipia district.
VI. Costs.
The above reliefs with the exception of No. V are claimed against the Crown, and Nos. I, III and V also against the 20th and 21st defendants on the grounds that the government having by the 1904 agreement become trustees for the Masai, they failed to execute their trust, but entered into another agreement in 1911 contrary to the former one and derogatory to the interests of their castor qua trusts, and that the later agreement was obtained by duress, and is further not binding as it has not received the approval of the tribe, and that the losses they allege they have suffered are due to the government executing the terms of the second agreement in violation of the first, which still continued to exist.
Now, are the acts of defendants complained of by the plaintiffs Acts of State?
The answer to this is, in my opinion, contained in my finding that both the agreements are in fact treaties. For it follows from that finding that there was no such contractual relationship as alleged between the parties, and that in this action the plaintiffs are seeking by means of the court to enforce the provisions of a treaty. The Paramount Chief himself could not bring such an action, still less can his people (Feather v. Queen, 35 L. J. K. B., 208 and Buron v. Denman, 2 Excheq. 167).
As regards the plea of duress and the want of approval of the tribe to the second agreement, as affecting its validity, it is not within the competence of this court, having held the agreement to be a treaty, to consider its validity as affected either by the pourparlers before its signature or a want of authority on the part of the signatories.
As to the alleged losses incurred by the plaintiffs, they themselves plead that defendants 20 and 21 were the agents of the government acting in pursuance of the orders of the government or Secretary of State in carrying out the second agreement, which pleading is accepted by both of these defendants as their defence. Such an action as against them is founded on tort and will not lie, and their acts in carrying out the terms of a treaty having been on instructions from and adopted by the government are as much Acts of State as the treaty itself. Relief V claimed as against these defendants for similar reasons is not one that this court could grant as it would in its crudest form be an injunction to officers of the government to prevent them carrying out an Act of State.
The remaining defendants on the record are merely nominal as signatories to the 1911 agreement and no relief is claimed as against them.
I hold therefore on the issue before me that the acts of the defendants complained of by the plaintiffs are in fact Acts of State which are not cognisable by a municipal court.
The Crown, acting through its Commissioner, first made one treaty with the Masai, and subsequently acting through the Governor modified that treaty by another, and 1 cannot do better than adapt to the present case the concluding words of Lord Kingstown in giving judgement in the Privy Council in the case of Secretary of State for India v. K. B. Sahaba (XIII Moore 22): “It may have been just or unjust, politic or impolitic, beneficial or injurious, taken as a whole, to those whose interests are affected. These are considerations into which this court cannot enter. It is sufficient to say that even if a wrong has been done, it is a wrong for which no municipal court of justice can afford a remedy.”

The action is dismissed with costs.
R. W. HAMILTON.
26 May, 1913.
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