LOCAL GOVERNMENT IN THE AFRICAN AREAS OF KENYA
| Published date | 01 July 1955 |
| DOI | http://doi.org/10.1002/j.1099-162X.1955.tb00099.x |
| Author | M. N. Evans |
| Date | 01 July 1955 |
AFRICAN
AREAS
OF
KENYA
123
Coast Government to allocate four
and
half million pounds for minor develop-
ment
in
the
next
five years' development plan,
but
the
difficulty is
that
the
more development there is
the
greater will be
the
yearly recurrent expenditure.
It might be advisable therefore to investigate systems of local
taxation
other
than
that
of England. There is, for example,
the
system of raising
revenues by additions to
the
national income tax,
and
the
system of municipal
income
tax
in Lagos, which is discussed by Professor Comhaire'.
In
Lagos
a flat
rate
was levied on all incomes up to £24 ayear, 3d. in
the
£on those
from
£25-£50,
higher incomes being subject to higher rates.
The
tax
could,
if this second
method
were adopted, be collected by
the
district
council;
and
might be assessed by a classification of persons into various income groups,
which if made at a central government level, would avoid
the
difficulty of
obtaining trained
property
valuers.
In conclusion
the
Gold Coast is in
the
fortunate position of being able to
profit by
the
mistakes of others,
and
in this modern age with its closer contact
between countries, a
study
of
the
methods of approach to similar difficulties
as have arisen here, might be of considerable help towards reaching asolution.
LOCAL GOVERNMENT IN
THE
AFRICAN AREAS
OF
KENYA
By
M. N. Evans
Deputy Commissioner for Local Government, Kenya
Application of English local gouernment principles
As
mentioned in
the
article on local government in
Kenya
in
the
Supplement
to Vol. IV
No.3
of
the
Journal
of African Administration,
Kenya
lacked strongly
developed organs of traditional government prior to
the
advent
of British rule
for
that
reason
the
African district councils are entirely
statutory
creations.
Such tribal organisation as existed was, for the most
part,
confined to informal
gatherings of elders
and
the office of hereditary chief was with one or two
exceptions, unknown. In these circumstances
the
principle of administration
by elected councils
and
also
the
committee system, is acceptable to African
opinion generally in this
territory
and
the
African district councils
have
had
arapid development. One feature of local government in
the
United Kingdom,
that
is the
important
part
played by the chief officers of a local
authority,
presents difficulties. At present it is not easy to find Africans with
the
requisite
educational background,
and
it is even more difficult, having found asuitable
candidate for
the
office of clerk or treasurer, to ensure
that
he receives an
adequate training. In
the
course of the last two or three years a few Africans
~lave
been sent to
the
United Kingdom for
attachment
to local authorities,
but
It cannot be said
that
this is
the
ideal solution to
the
problem, if only on
the
score of expense.
It
may
be possible, with
the
development of local govern-
ment in Kenva outside
the
African areas
and
the
considerable increase in
the
nUrnber of qualified chief officers employed by municipal authorities
and
county
COuncils
to arrange for
the
African officers of African district councils to receive
tr
..
alI1lI1g
in this country.
----
---------------------------
CIA:spects
of
Urban
Administration
in
Tropical
and
Southern
Africa,
by
Professor
olllhulre, School of
African
Studies,
University
of
Cape
Town,
1953, pAS.
124
JOURNAL
OF
AFRICAN
ADMINISTRATION
The role of the Provincial Administration
The
part
played by
the
Provincial Administration in
the
control
and
guidance
of African district councils remains very considerable.
The
provincial commis-
sioner is responsible for
the
appointment
of all councillors,
and
this is still
legally
the
position notwithstanding
the
fact
that
in all cases elections are held
and
a
majority
of
the
persons appointed by
the
provincial commissioner are
in fact those who
have
been previously elected by
the
people. A minority
of councillors consists of persons appointed by
the
provincial commissioner
without
election with
the
object of ensuring
that
all
important
interests
and
groups are adequately represented. The effect of this arrangement is
that
it
gives
the
provincial commissioner
the
power to veto
the
election of
any
person
but
in practice this power is rarely if ever required.
The
provincial commis-
sioner also appoints
the
president of a council
and
at present in every case it
is
the
district commissioner who has been so appointed. Certain supplementary
estimates are approved by provincial commissioners in exercise of a delegation
of powers to
them
by
the
Minister. As regards
the
relation of district commis-
sioners to African district councils, it will be appreciated
that
as presidents of
the
councils,
they
exercise a good deal of influence, although it is
the
practice
in most cases for
the
deputy
president-an
African-to
preside for a
substantial
part
of every meeting. Unfortunately owing to
the
difficulty mentioned in the
preceding
paragraph
in training Africans to fill the places of clerk
and
treasurer,
agreat deal of executive work also falls to
the
lot of
the
district commissioners
and
district officers
and
takes up time which
they
can ill afford. One or two
of
the
more progressive councils in
the
Nyanza Province
have
recently asked
that
the
presidency of
the
council should be given to an African.
The
Pro-
vincial Administration however, feel
that
the
time is
not
yet
ripe for this
development
and
their advice in
the
matter
has been accepted. As an alterna-
tive, steps are being taken to enhance
the
prestige of
the
office of
deputy
president.
Taxation
Although
the
Ordinance empowers African district councils to raise revenue
by a
variety
of means this aspect of
the
subject none
the
less does present
difficulties.
The
principal source of direct
taxation
is
the
poll rate,
but
it is
obvious
that
in conjunction with
the
poll
tax
of
the
Central Government
there is a limit to
the
amount
which can be levied in this
matter
with equity.
Two councils have, in connection with
the
1955
draft
estimates, resolved to
introduce asystem of
graduated
poll rate.
The
fact
that
certain African
district councils have spontaneously
adopted.
this principle represents a con-
siderable advance, because when
the
question of a
graduated
poll
tax
was
under discussion in
the
Legislative Council some little while ago,
the
African
Members considered it premature. The assessment of a
graduated
rate
would
necessarily be somewhat rough
and
ready,
but
it does seem
that
there would
be advantages in allowing African district councils to experiment with this
form of taxation. There are, however, treasury objections to
the
imposition
by a local
authority
of a form of income tax, however rudimentary,
and
It
has not
yet
been decided whether
the
African district councils shall be allowed
to proceed with such an experiment. The Local Government
Department
IS
anxious
that
African district councils should make a
start
with
the
rating of
land which must, in
the
course of time, supersede
the
poll rate. This too
presents difficulties, especially in a densely populated area where holdings
are small
and
seriously fragmented. Nevertheless, it is felt
that
experiments
in this direction would be worthwhile
and
would pave
the
way to a fully
fledged system of
land
rating which will be greatly simplified when individual
titles to
land
become a commonplace. In default of a
rate
on property
and
a
AFRICAN
AREAS
OF
KENYA
125
graduated
rate,
the
levying of cesses on various forms of agricultural produce
continues to be an
important
source of revenue for
many
African district councils
and
has
the
advantage of being arough
and
ready
tax
on means.
Public service, whether
paid
or unpaid
It
cannot be said
that
the
African public generally readily accepts
the
idea
that
public service as a local councillor should be unpaid
and
indeed from time
to time demands are made
that
there should be payment. Those comparatively
few Africans, who from time to time, are selected to
tour
the
United Kingdom
and
who see something of British local government in action,
return
impressed
by
the
amount
of public service which is voluntarily given,
but
it cannot be
said
that
there is
any
indication
that
the
African public as a whole accept
this view.
Councillors and
staff
As has already been
stated,
considerable difficulty is experienced in obtaining
staff of
the
right calibre
and
with
the
necessary qualifications
and
therefore
the
role of
the
councillors vis-a-vis
the
council staff cannot as
yet
be fully
developed, because
the
councillors rely to a
great
extent
on
the
individual work
and
advice of
the
district commissioner who is also president of
the
council.
There are, however indications
that
when sufficiently experienced
and
qualified
African staff are available,
they
and
the
councillors will play their
part
satis-
!actorily.
Not
the
least of these indications is
the
fact
that
all
the
most
Important
councils are showing considerable eagerness to have selected Africans
training for specific posts. There is a corresponding reluctance to agree to
the secondment of qualified European treasurers or financial advisers, acourse
Whichis rendered necessary by
the
growing scale
and
complexity of
the
finances
of some councils.
In
the
few cases where efficient staff exists,
the
relationship between
them
and
the
councillors is satisfactory
and
each plays
their
own
part,
without
friction, to
the
general benefit of
the
councils concerned.
Special relationships
The presidents
and
the
executive officers of all councils work in harmony,
but.
at
present, except in one or two isolated cases, it is
the
president who
adVIses
the
executive officer
and
not vice versa. This
state
of affairs will
gradually rectify itself as
and
when
trained
executive officers are available
and there is no reason to believe
that
relationships will in
any
way deteriorate
as a result.
It
is difficult to forecast
what
the
result will be of Africans taking over
the
responsibilities of presidents. The relationships between presidents
and
councils
and presidents
and
committees are universally good.
Neither councils
not
committees have dealings with government
depart-
mental heads.
The
committees advise
the
full council, who
instruct
their
~xecutive
officer or president, as
the
case
may
be, to approach
the
commissioner
Or local government, as necessary.
Co.mmittees co-opt experts, with
the
object of obtaining
their
advice, as
~equIred.
It
is usual for committees to request
the
attendance
of government
ech~ieal
officers, such as
the
local veterinary officer, agricultural officer,
~edIc~l
officer of health, etc.,
and
those officers are always only too glad to be
oaSSIstance
and
readily give any advice or help
that
is asked of them.
126
JOURNAL
OF
AFRICAN
ADMINISTRATION
Standard of
debate
Only four councils have adopted standing orders of debate
and
in each of
these cases
the
orders are working fairly well
and
are being for
the
most
part
adhered to. At present
the
authority
for making rules of debate rests with
the
Minister of Local Government
and
it is, perhaps, for
that
reason
that
most
councils have
not
adopted such rules, as for a
variety
of reasons,
the
same rules
will
not
suit every council.
In
order to encourage
the
making of rules by more
councils, it is proposed to amend
the
law by removing
the
authority
for making
rules of debate from
the
Minister of Local Government
and
placing it upon
the
councils themselves. Thus, each council will be able to make
their
own
rules to suit themselves, according to how advanced or how primitive
they
are.
In
this
way
the
adoption of standing orders of debate will be hastened
and
as a result
the
general
standard
of debate will improve.
The extension of
local
services
It
was
stated
in
the
supplement referred to above
that
the
African district
council is a multi-purpose local authority, constituted
at
a level corresponding
to
the
county,
and
some reference was also made to
the
development of smaller
units in
the
shape of locational councils. This is an aspect of African local
government which is considered to be of
paramount
importance. Although
the
locational councils still have no
statutory
existence
they
have continued
to progress in
the
last two or three years
and
it is becoming clear
that
they
fulfil a need
and
have popular support.
It
is
not
to be expected
that
all
the
functions which an African district council is empowered to perform are best
suited to an area corresponding to
the
county in size
and
there seems little
doubt
that
many
of
them
can be more effectively discharged
at
the
locational
level. There has been a considerable spread of the practice whereby a loca-
tional council requests the African district council to levy a special
rate
on
the
inhabitants
of the location for expenditure on schools, water supplies, sports
and
so on. Annual estimates of expenditure
and
revenue are prepared
and
simple accounts kept.
It
is considered
that
the time has come when these
locational councils should be given a
statutory
existence.
It
is still desired
to approach
the
matter
in an experimental way
and
it is accordingly proposed
to amend
the
African District Councils Ordinance so as to empower
the
Minister
by Order to establish alocational council in such area as he
may
see fit,
and
to
endow it with such powers and duties as
may
be considered appropriate. This
will ensure flexibility
and
will permit of experimentation. The
important
point
about
these location councils is
that
they bring local government close
to
the
people
and
the response is encouraging.
Elections
There is, as yet, no uniformity
throughout
the
country
in
the
method of
election to African district councils, nor is
the
Government in
any
hurry
to
encourage such uniformity.
For
the most
part
elections are direct
and
they
are
open-that
is to say
the
candidates merely
stand
in open baraza
and
t.h~1r
supporters line up behind them for counting. In the more advanced 10calltles
there have been experiments with the secret ballot which have proved populari
the
difficulty of illiteracy on
the
part
of voters being overcome by
the
use 0
colours or symbols. In certain areas, notably
the
Kikuyu districts, where
previously there
had
been open elections, it became necessary even before
t~e
outbreak
of the Emergency, to
substitute
indirect election for direct,
si~c~
11
was found
that
open elections were becoming liable to abuse by pohtlca
societies. Accordingly asystem of indirect elections through electoral colleges
(in some cases
the
locational councils) was instituted
and
owing to
the
Emer-
THE
REASONABLE
MAN IN
BAROTSE
LAW 127
gency no
further
development in this direction can be expected in
the
Central
Province for an indefinite time. Where
the
direct
method
of election is in force,
the
franchise is limited to
adult
males
at
present,
but
it
is
the
policy of provincial
commissioners to
appoint
one or two African women to
most
councils.
~uture
develop~ent
Prompted
no
doubt
by
theintroduction
of
the
county
council
system
in
the
Highlands, some African district councils
have
put
forward a
demand
for
county
status,
probably
without
realising
the
fact
that
the
powers of an African
district
council are, if
anything,
even more comprehensive
than
those of a
county
council
or a
county
district council. Despite
this
fact, it does seem likely
that
in
the
years to come local
government
in
the
African areas will be assimilated to
the
county
system. This would imply
the
taking
over of responsibility by
the
councils for
the
administration
of townships
and
trading
centres, which
at
present form enclaves in
the
area
under
their
jurisdiction. This could
not
come
about
unless
the
African district councils were
prepared
to accept representation
of
other
races on
their
councils,
but
this
seems to be a
natural
and
logical
development in a multi-racial community.
The
final stage of development of
local government in
the
African areas
may
therefore be multi-racial
county
councils with, of course, a
substantial
majority
of African councillors,
with
urban
district councils consisting of
the
townships
and
trading
centres,
and
rural districts based on
the
present locations or possibly in some cases groups
of locations.
THE
REASONABLE
MAN
IN
BAROTSE
LAW
By Professor M ax Gluckman.
2. The Case
of
the Eloping
Wife
OUI~
textbooks of law
take
as their
units
of analysis a series of
abstract
Concepts like right
and
duty,
marriage, property, care
and
negligence, guilt,
contract,
crime;
and
they
analyse legal rules grouped
under
these concepts.
The anthropologist's
units
of investigation are social
positions-such
as
husband
and
wife, owner, thief, councillor, king,
and
so forth. These social positions
are linked
together
by rights which
the
incumbents of
the
positions can claim
an~
by duties
they
should fulfil.
The
anthropologist studies how rights
are
claImed
and
duties fulfilled,
and
how breaches of
their
rules are enforced, in
relation to all
the
social positions in a community. So
that
he regards
the
same facts from a viewpoint which differs from
that
of
the
lawyer.
Now
everyone
of these social positions carries
with
it
certain
ideals-a
~ouncillor
is
grave
and
impartial, aking is
brave
and
just,
there
are
the
perfect
Us~and
and
the
perfect wife.
Human
frailty, alas, acting in
the
vicissitudes
of life, is such
that
few people can live up to
the
ideals of
the
positions
they
OCCUpy.
But
fortunately
the
law,
both
in
England
and
in Barotseland, only
demands
that
we
attain
these ideals up to a reasonable
standard,
so
that
most
~~
us, despite
our
deserts, escape whipping. Therefore, trials often reduce to
equestion was
the
defendant
areasonable councillor? areasonable husband?
~h ~ife?
or
f~ther?
Even
before
that
stage of
the
trial
is reached,
the
judges in
terr cross-examination begin to assess litigants'
behaviour
against
these
s
a~dards.
And
because as an anthropologist Iam
dominantly
interested
in
SOCIal
positions, Icame to
concentrate
in my
study
of
Barotse
law on
the
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