Kenya's Emergency Powers: Legal Continuities in the Post-Colonial State, 1959–1969

Abstract Kenya's first post-colonial government, under Prime Minister Jomo Kenyatta, came to power in December 1963 having adopted emergency powers and security legislation that had been used in the colonial suppression of the Mau Mau rebellion. Kenyan nationalists opposed this authoritarian and often draconian legislation in the 1950s for its abuses of human rights and excesses of state powers. This article explains how Kenya's nationalists came to accept and adopt this legislation, illiberal emergency powers becoming a key element in the protection of the fragile bureaucratic-executive state after 1963. An account is given of how colonial security officers used emergency powers in the counterinsurgency against the Mau Mau. In the decolonization process, the continuing activities of Mau Mau's Kenya Land and Freedom Army, the shifta secessionist movement in the Northern Frontier District, and political opposition from within the Kenya African National Union (KANU) party threatened Kenyan stability. To combat these challenges, colonial officers and nationalists alike agreed to retain colonial security laws, especially the Preservation of Public Security Ordinance. The legacies of colonial law therefore remain prominent in Kenya's security legislation and have been used as recently as 2023 to deal with perceived threats to the bureaucratic-executive state.