ABSTRACT

This chapter discusses the constitutional developments in Kenya after the Second World War and the key constitutional challenges faced by the colonial government in maintaining British rule against intensified African political activity. It highlights the key constitutional changes enacted by the colonial government to stem the tide against colonial rule and the consequent Lancaster House constitutional negotiations towards the enactment of the Independence Constitution. The period after the Second World War saw phenomenal change in the colonial approach to governance in Kenya. This was largely influenced by the global political dynamics and lessons learned from the Second World War. Fundamentally, the form, content and processes of formulating both the Lyttelton and Lennox-Boyd Constitutions lacked any democratic credentials whatsoever. As a result, instead of resolving the crisis, they fomented a deeper political and constitutional crisis forcing the Colonial Office to accept a negotiated constitutional process. Constitutional developments in colonial Kenya fell grossly short of the key ingredients of democratic constitutionalism.