In 1964 immediately after independence, the Independent Parliament amended the Constitution to make Kenya a Republic, and the Majimbo system was heavily eroded. Power was concentrated in the presidency and Jomo Kenyatta Created the basis of a single-party system.
Between 1964 and 1991, successive amendments to the constitution, sought and did achieve to recreate the Colonial Order in Kenya, only this time, a Kenyan was the Monarch, Jomo Kenyatta.
Even after independence, Colonial repressive laws remained unchanged. Colonial Administrative system remained intact. The political system became a wealth – creating system for the elite through corruption. That is why Jaramogi Odinga said “Not yet Uhuru”.
Between the short period covering 1963 and 1991, the Kenyan Constitution was amended several times. Constitution amendment threshold was reduced from 90% to 65% in Senate and 75% to 65% to make it easy to amend the constitution.
The appointing authority of Judges was given absolutely to the President. Requirement for consultation with at least 4 Regional presidents before appointing CJ was also removed. Through further amendment to the constitution, Greater and wider derogations of fundamental rights and freedoms were permitted by the removal of the provision calling for reasonable justification for imprisonment to allow for detention without trial; so as to deal with opponents.
Moi even made laws, specifically to protect his cronies e.g. Paul Ngei, by Extending the Presidential prerogative to include annulling disqualifications arising out of a ruling of the Elections Court.
Moi and his cronies introduced Amendments to the Constitution of Kenya – (Amendment) Act No 7 of 1982 which Introduced Section 2A that changed Kenya from a de facto to de jure one party state making Kenya a one-party state by Law, and even removed the Definition of a Political Party in the constitution.
They made the method of nominations for General Elections amended making them a preserve of KANU. They entrenched torture of Political prisoners in the Criminal Justice system to silence any descenting voices.
The political space in this country was growing smaller and smaller with Moi’s Rule. Raila could no longer take it any more.
The people who were killed in 1982 died in the hands of Moi’s military men. Those were freedom fighters who were fighting for the diminishing freedoms in this country, with Raila as the driving force. Moi wanted to perpetually govern this country, through an oppressive one party dictatorship system. The only way to remove him from power was not through democracy, but by any other means, including mutiny.
The political space (you and your ever ungrateful jubilee politicians who keep insulting him), are enjoying now were brought about by sacrifices made by him (Raila) and other change exponents.
In 1991, Moi under pressure from People like Raila, James Orengo etc. Repealed Section 2A of the Constitution hence ending the de jure one-party rule in Kenya but brought back the Turn Coat Rule (Fifth Amendment). The nomination procedure leading to elections of the National Assembly and Presidency were amended to accommodate multi-partism. A definition of a political party was brought back.
Because Moi and his cronies still controlled parliament. They brought Amendments meant to:
1. Strengthen the Executive relative to the other arms of government.
2. Emasculate other arms of government.
3. Derogate fundamental human rights and civil liberties.
They had made the president more powerful than a King. This Led to manipulation of both the legislature and the judiciary. The Presidency controlled distribution of national resources. The people (Civil Society) had no say on (policy formulation and implementation).
Sycophancy and Corruption were institutionalised there was less protection of Human Rights and these made it difficult for democracy to thrive as Citizens were cowed by forces of oppressive laws. Elections were manipulated. Tribalism and Ethnic animosity institutionalised through quota system of governance. There were many Kikuyus who played a big role in the fight against Moi.
It is only people who don’t understand the history of Raila’s struggle who demonize him. They pretend to have forgotten. People like Uhuru and Ruto, Drunk Dwale, did not play any part to bring about these freedoms, and now that they are ruling, they’d rather we go back, to the way his father (Uhuru) oppressed his opponents and curtailed the freedoms of citizens of this nation. That’s what Millie told Uhuru.
When people exercise their constitutional rights and go to the streets to protest against oppressive laws, and the government orders that they be shot,… It’s the government which is infringing on their freedoms.
When they kill the citizens of this nation… their subjects, while exercising their rights, it’s the rulers who should be blamed and not Raila.