Kenya's Colonial Chapter
An in-depth exploration of the Colony and Protectorate of Kenya, detailing its history, administration, and legal framework under British rule, presented for higher education students.
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Overview
Establishment
The Colony and Protectorate of Kenya was formally established on 23 July 1920, succeeding the East Africa Protectorate. This administrative restructuring consolidated British control over the region, integrating the interior lands as a Crown colony while maintaining a nominal protectorate status over the coastal strip leased from the Sultan of Zanzibar. It encompassed approximately 639,200 kmยฒ (246,800 sq mi).
Demographics
In 1921, the population was estimated at 2,376,000, comprising roughly 9,651 Europeans, 22,822 Indians, and 10,102 Arabs, alongside a substantial indigenous African population. By 1960, the population had grown significantly to over 8 million.
Linguistic Landscape
English served as the official language, reflecting British colonial administration. However, Swahili was widely spoken, alongside numerous indigenous languages such as Kikuyu, Kamba, Luhya, Luo, Gusii, Meru, and NandiโMarkweta, highlighting the region's rich linguistic diversity.
Historical Context
Colonial Consolidation and Tensions
The formal establishment in 1920 marked a shift from protectorate status to direct Crown colony rule. This period saw increasing tensions, particularly concerning the reservation of the fertile White Highlands for European settlement, which disenfranchised the indigenous African population and fueled resentment.
W.E.B. Du Bois's Observations
In 1925, W.E.B. Du Bois vividly described the socio-political climate, noting the land alienation, forced labor through taxation, and the burgeoning racial conflict between European settlers, Indian immigrants, and the African majority. He highlighted the rise of African political consciousness and the complex interplay of imperial interests.
Mau Mau Rebellion and Independence
The period was marked by significant resistance, culminating in the Mau Mau Rebellion (1952โ1960). This uprising against colonial rule involved widespread violence and atrocities committed by both sides. Investigations, such as Caroline Elkins's work, revealed the existence of concentration camps and systematic human rights abuses by the British administration. The Colony and Protectorate formally ended on 12 December 1963, when Kenya declared independence, transitioning to a republic the following year.
Governance Structure
Colonial Governance
The colony was headed by a Governor, advised by an Executive Council. The Legislative Council served as the primary legislative body. By 1948, the Executive Council included ex-officio members and appointed representatives from European, Asian, and African communities, reflecting a tiered system of representation.
Administrative Reforms
Significant reforms occurred in 1954, establishing a Council of Ministers as the main governmental instrument. This council comprised official members and unofficial members appointed by the Governor, aiming to increase local participation, though still under colonial oversight.
Military Presence
Various military units were established, including the King's African Rifles and the Kenya Regiment, composed largely of European settlers. These forces played roles in colonial defense and internal security operations, notably during the Mau Mau Uprising.
Legal Framework
Corporal Punishment
Corporal punishment, including flogging, caning, and birching, was a prevalent legal sanction in colonial Kenya. It was particularly applied to young offenders and, at times, to local chiefs deemed disobedient by colonial officials. This practice reflected a punitive approach often prioritizing control over rehabilitation.
Judicial Practices
Judges often eschewed imprisonment, viewing it as detrimental to convicts' morality and potentially leading to recidivism. The application of corporal punishment by authorities, such as Colonel Algernon E. Capell against a Kikuyu chief, exemplified the power dynamics and disciplinary methods employed during the colonial era.
Further Reading
Scholarly Works
- Kitching, Gavin N. Class and economic change in Kenya: The making of an African petite bourgeoisie 1905โ1970
- Lonsdale, John, and Bruce Berman. "Coping with the contradictions: the development of the colonial state in Kenya, 1895โ1914."
- Mungeam, Gordon Hudson. British rule in Kenya, 1895โ1912
- Ochieng, William Robert. A history of Kenya
- Ochieng, William Robert, and Robert M. Maxon, eds. An economic history of Kenya
- Wolff, Richard D. Britain and Kenya, 1870โ1930: The Economics of Colonialism
External Resources
Official Sources
- The British Empire โ Kenya (opens in new tab)
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References
References
- Kenya Protectorate Order in Council 1920 (SR&O 1920/2343), dated 13 August 1920, S.R.O. & S.I. Rev. VIII, 258, State Pp., Vol. 87, p. 968
- Kenya (Annexation) Order in Council 1920 (SR&O 1920/2342), dated 11 June 1920
- "Commonwealth and Colonial Law" by Kenneth Roberts-Wray, London, Stevens, 1966. p. 762
- Brennan, James R. "Lowering the Sultan's Flag: Sovereignty and Decolonization in Coastal Kenya." Comparative Studies in Society and History 50, no. 4 (2008): 831รขยย61.
- Morgan, W. T. W. "The'white highlands' of Kenya." Geographical Journal (1963): 140รขยย155. in JSTOR
- Owino, Meshack. "The impact of Kenya African soldiers on the creation and evolution of the Pioneer Corps during the Second World War." Journal of Third World Studies 32, no. 1 (2015): 103-131.
- T.F. Mills, regiments.org, archived copies via Wayback Machine.
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