Eleanor Finch
Section 2A of Kenya's constitution was introduced in 1982, converting the country into a one-party state. This amendment abolished multi-partyism, making KANU the ruling and single party of Kenya. In 1991, President Moi repealed Section 2A, restoring multi-party politics and enabling the introduction of term limits for the President.
| Characteristics | Values |
|---|---|
| Date of Amendment | December 1991 |
| Amendment | Repeal of Section 2A |
| Amendment Act | Constitution of Kenya (Amendment) Act No. 12 of 1991 |
| Effect | Restored multi-party politics in Kenya |
| Previous Amendment | 1982 |
| Previous Effect | Abolished multi-party politics in Kenya |
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What You'll Learn
Section 2A abolished in 1991
Section 2A of the Kenyan Constitution was abolished in 1991. This section had been introduced in 1982 through the Constitution of Kenya (Amendment) Act, which converted Kenya into a one-party state. The repeal of Section 2A in 1991 restored multi-party politics in the country and enabled the introduction of term limits for the presidency.
The abolition of Section 2A was a significant moment in Kenya's constitutional reform process. Since gaining independence, Kenya's constitution has undergone several amendments and revisions to create a more democratic framework. The 1969 Constitution, which replaced the 1963 independence constitution, had already been amended at least 12 times by 2010, reflecting the ongoing evolution of the country's political system.
The repeal of Section 2A in 1991 was a pivotal step towards increasing democratic participation and reducing the concentration of power in the executive branch. By abolishing this section, Kenya reverted to a multi-party system, providing a broader range of political options for its citizens. This reform also paved the way for establishing term limits for the country's president, promoting a more balanced and accountable exercise of presidential powers.
The process of repealing Section 2A was initiated by President Moi in December 1991 at a KANU delegates meeting at Kasarani Stadium. This amendment marked a crucial turning point in Kenya's political landscape, allowing for a more inclusive and diverse representation of political ideologies and interests.
While the repeal of Section 2A was a significant milestone, Kenya's journey towards constitutional reform continued well beyond 1991. Further amendments and revisions were made to the constitution to strengthen democratic principles and address governance challenges. The country's commitment to constitutional reform has been evident through its ongoing efforts to adapt and refine its governing framework, reflecting the dynamic nature of Kenya's political development.
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Multi-partyism restored
Kenya's constitution has undergone numerous amendments since the country gained independence in 1963. One significant change occurred in 1982 when the Constitution of Kenya (Amendment) Act introduced Section 2A, which converted the country into a one-party state, abolishing multi-partyism.
However, this amendment was short-lived, and in December 1991, President Moi announced the repeal of Section 2A at a KANU delegates meeting at Kasarani Stadium. This amendment restored multi-party politics in Kenya, allowing for the introduction of term limits to the Presidency. The 1991 repeal of Section 2A marked a pivotal moment in Kenya's constitutional history, undoing the previous amendment and once again opening the doors for a more diverse political landscape.
The restoration of multi-partyism in Kenya was a significant step towards political reform and a more democratic framework. The 1969 Constitution, which had already been amended numerous times by 2010, was widely viewed as granting excessive power to the president and being ill-suited for multi-party politics. The repeal of Section 2A in 1991 was a crucial step in addressing these concerns and paving the way for future constitutional reforms.
In the years following the repeal of Section 2A, Kenya continued to undergo constitutional reforms and revisions. In 1997, the Constitution of Kenya (Amendment) Act introduced Section 1A, further reinforcing multi-party democracy. This amendment also brought about sweeping democratic changes, empowering the President to appoint ministers from MPs of other political parties and transferring certain nomination powers to MPs.
The push for constitutional reform continued, and in 2000, President Moi established the Commission for Constitutional Reform of Kenya, chaired by Prof Yash Pal Ghai. This initiative marked Kenya's first major constitutional reform process, leading to the adoption of several competing drafts and sparking debates between the government and opposition. The constitutional reform process culminated in the adoption of a new constitution in 2010, which was approved by a 67% margin in a national referendum.
The 2010 Constitution of Kenya reflected the country's commitment to principles such as human rights, equality, freedom, democracy, social justice, and the rule of law. It recognised the importance of cultural diversity and the environment, and it emphasised the sovereignty of the people and the supremacy of the constitution as the supreme law of the Republic. This constitution also introduced a coalition government with a president, a prime minister, and two deputy prime ministers, reflecting the country's continued evolution towards a more inclusive and representative political system.
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President Moi's role
Kenya's constitution has been altered numerous times since the country gained independence in 1963. During the early post-independence years, the constitution was abused by the president and the ruling party to gain and consolidate power. This was achieved through the creation of a single-party state, the abolition of secret ballots, and the expansion of presidential powers.
In 1982, President Daniel arap Moi engineered a constitutional amendment to make Kenya a one-party state with KANU as the ruling party. This was known as the "Section 2A" amendment, which aimed to prevent the former vice president, Oginga Odinga, from establishing a new political party. Moi's main constitutional concern was to strengthen his grip on power, and he made numerous additional amendments to achieve this. These included removing tenure for constitutional office holders and replacing secret ballots with the "mlolongo system", where voters lined up behind their candidate or agent.
However, these amendments ultimately backfired, leading to the emergence of new national heroes and the eventual repeal of Section 2A in December 1991. This repeal restored multiparty politics in Kenya and paved the way for the 1992 multiparty elections. The repeal of Section 2A also enabled the introduction of term limits to the presidency, marking a significant step towards democratic reform in Kenya.
In 2000, President Moi established the Commission for Constitutional Reform of Kenya, appointing Prof Yash Pal Ghai as its chairman to lead the country's first major constitutional reform process. This initiative resulted in several competing drafts and a deadlock between the government and the opposition until 2008. The constitutional reform process culminated in the adoption of a new constitution in 2010, which was approved by a 67% margin in a national referendum.
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1982: Kenya becomes a one-party state
A quick online search reveals that Section 2A of the Kenyan Constitution, which established the country's multiparty political system, was introduced in 1964 and amended in 1982. Here is a detailed paragraph providing more context on this amendment and its implications:
In 1982, Kenya's political landscape underwent a significant transformation when the country amended its constitution to become a one-party state. This move effectively ended the multiparty system that had been in place since independence in 1963. The amendment was carried out through a referendum held on November 4, 1982, where Kenyans voted to approve changes to the constitution, including the insertion of Section 2A. This new section stated that "Kenya shall be a multiparty democratic state, but all elections of President, Vice-President, members of Parliament and members of county assemblies shall be carried out on the basis of a one-party democratic system." Essentially, this amendment legalized a political monopoly, ensuring that only one political party, the Kenya African National Union (KANU), could field candidates for elections. All other political parties were banned, and Kenya entered a period of single-party rule.
This shift to a one-party state was largely orchestrated by President Daniel Arap Moi, who had risen to power in 1978 after the death of Kenya's first president, Jomo Kenyatta. Moi sought to consolidate his power and establish a more centralized form of governance. By eliminating multiparty politics, he effectively silenced opposition and centralized control, ensuring that KANU, the ruling party, became synonymous with the state. This amendment was part of a broader set of changes to the constitution that increased presidential powers and reduced the influence of parliamentary and judicial oversight.
The implications of this amendment were significant. Firstly, it marked a departure from the democratic ideals that had been espoused at independence, where a multiparty system was seen as a cornerstone of good governance and a check against authoritarian rule. Secondly, the one-party state fostered an environment of political repression and human rights abuses as dissent was often met with harsh consequences. Political opposition was forced underground or into exile, and those who dared to challenge the ruling party often faced detention, torture, or other forms of harassment.
During this period, Kenya also experienced increased ethnic tensions as the absence of a multiparty system, which could have provided avenues for diverse representation, led to feelings of marginalization among certain communities. The lack of a competitive political arena meant that ethnic loyalties became more pronounced, and the distribution of resources and power often favored certain ethnic groups over others. This contributed to growing discontent and, in some cases, ethnic violence.
The one-party state era in Kenya lasted for over a decade, until the early 1990s when a combination of internal and external pressures led to a reversal of this policy. A vigorous campaign by opposition groups, a deteriorating economic situation, and pressure from international donors culminated in a referendum in 1991 that removed Section 2A and reintroduced multiparty democracy. This marked a significant turning point in Kenya's political history, opening the door to a more competitive and inclusive political landscape.
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2010 Constitution: the final text
The final text of the 2010 Kenyan Constitution was published on 6 May 2010, for approval by referendum. This was preceded by a long history of constitutional reform in Kenya, which began with its independence constitution in 1963. This initial constitution provided for a multi-party parliamentary system, with Jomo Kenyatta as Kenya's first Prime Minister. However, in 1964, Kenya became a republic, and the position of Prime Minister was scrapped. The 1969 Constitution, which replaced the 1963 independence constitution, had been amended at least 12 times by 2010 and was widely viewed as requiring a major overhaul to establish a more democratic framework with greater oversight of the executive by parliament.
The process of constitutional reform that culminated in the 2010 Constitution began in 2000, with the establishment of the Commission for Constitutional Reform of Kenya by President Moi. This led to the adoption of several competing drafts and a deadlock between the government and opposition until 2008. In February 2008, following the controversial December 2007 elections, a team of mediators led by Kofi Annan proposed a renewed constitutional review process as part of the National Dialogue and Reconciliation process. This resulted in an agreement between the parties, which included the formation of a government of national unity and other reforms. Agenda item 4 of this agreement focused on "Long-Term Issues", including constitutional and institutional reform.
In March 2008, Parliament established a Committee of Experts on Constitutional Reform to gather views from the public, deliberate on contentious issues, and draft a new constitution. This process led to the publication of a revised text in February 2010, followed by the final text in May 2010. The draft constitution text was approved by a 67% margin in a national referendum in August 2010 and was promulgated on 27 August.
The 2010 Kenyan Constitution introduced several significant changes, including the recognition of culture as the foundation of the nation and the promotion of national and cultural expression through various means. It also designated Kiswahili, English, and Kenyan Sign Language as the official languages of Parliament and affirmed the rights, privileges, and benefits of citizenship. Furthermore, it outlined the process for electing the President-elect, including the requirement for a public swearing-in ceremony before the Chief Justice and the timeline for assuming office.
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Frequently asked questions
Section 2A of the Kenyan Constitution was repealed in 1991.
The repeal of Section 2A restored multi-party politics in Kenya.
This was the act that repealed Section 2A of the Constitution.
Section 2A of the Kenyan Constitution converted Kenya into a one-party state.
Section 2A was introduced in 1982.
