Archives Management Notes
Archives Management Notes
Definition of terms
Record management
This refers to the selection and organization of records and other recorded materials.
It also refers to an organized system by which records are created, organized maintained and disposed off.
The program concern itself with a life of records from the time it is created to the time it is either condemned for
destruction or considered for permanent preservation.
Records
Are all books, papers, maps, photographs or other documentary materials made or received by any public or
private institution in pursuit on its legal obligation or in connection with truncation of its proper business and
preserved by that as evidence of its function, policies, decisions, procedures, operations or other activities because
of the information value of Data contained in them.
Archives
1. Records
Archives are records of any institution either public or private which are judged worth for permanent preservation
ie archive which has secondary value to other people than those who created them.
2. Archive as a building
3. Archive as an institution
DOCUMENT
MANUSCRIPT
This is a hand written document which can be recorded.
PUBLIC RECORDS
They are records of any ministry or government department, any commission office, board or other bodies
established under the government or act of parliament but not including records of the public trustees, records of
registrar general which belong to individuals or states.
Records of the high court, parliament and office are also public records.
REGISTRY SYSTEMS
REGISTRY
This is a place set aside in an organization to help in records management ie to mange records which are created
and received by the organization.
An organization can have registry or many depending on the size of the organization. Every organization requires a
registry because their raw materials are records.
4. Security
5. Furniture
6. Equipment
It should not have mixed up records because handling time become more for retrieval.
It carries out records appraisal regularly.
Have retention disposal list, Retention is the period each record category should be kept before disposal.
Have a high morale staff ie accommodate the staff properly by giving them proper chairs, tables etc
Provide information as soon as it has been asked for ie there should be very quick retrieval.
Have a good classification system ie the classification system should be simple to use
Conservation policy. This is to ensure records are not damaged or stolen
The registry should have a suggestion box. This acts as a communication channel for easy communication.
Functions of an ideal registry
There are different types of registries that can be adopted by organization which includes;
It is where all records of an organization are kept. It’s where the whole organization keeps its records.
It saves on cost because there are fewer employees hence less expenses on salaries.
It’s economical on space because all records are kept under one roof.
There is uniformity in filling procedures of records. Records are organized well in registry making easy
retrieval for users
Maximum supervision of records hence unauthorized people cannot have access to them
There is economy in use of registry resources ie everything acquired is put into use.
Greater flexibility in staff utilization ie you can easily cater for absentees without affecting the records
Elimination of work duplication ie there is no copying.
Disadvantages
The retrieval service can be poor in centralized system. This imply that one will take more time to retrieve
records
Inadequate Space. The records might be more due to rapid record growth hence insufficient space for
storage.
The staff may not be familiar with all records that are stored there because the record is too many. Most of
records in archives are not used frequently so the staff may not know the record existence
Tear and wear of records which are caused by congestion of records.
Decentralized/ departmental registries
Faster retrieval because there is no distance covered. Each department keeps its own records
Record security. This result to unauthorized accessibility to records
Staff members are able to know their records better and therefore give efficient service
Minimal misplacement/ loss of records. There is little misplacement of records because the records are
few in each department
There is little space problem in decentralized registry because each department keeps its own records
Staff promotion is faster in a decentralized situation the staffs are fewer in each department.
Disadvantages
In this type the managers of the department ensure that circulation, staffing, security and equipment are efficient
and economized.
To choose any of these registry systems there are certain factors that should be considered which includes;
If the organization has few departments then records can be accommodated in a centralized registry because they
are easy to maintain
2. Volume of records
If the organization produce many records than it is required it is likely they will affect the efficiency of the registry.
3. Space availability
To establish a centralized registry you need to a big space to take care of records at present and in the future.
4. Quantity of staff
Decentralized requires more staff than centralized registry. This is because decentralized registry has many
departments
Handling time which is between the question and the answer ie the time when the record is asked for and retrieval
time. Therefore clients should be served in a quick manner.
RECORD MANAGEMENT
There are various types of records found in registries and the record manager is supposed to identify all and
appraise all of them accordingly.
These records are collectively called;
1) Public records
They are called so because they are created by public organization. The categories of public records include;
Policy records
Operational records
House keeping records
Policy records
These are records that contain information about the organization itself under the following areas;
These are records that are produced during the day to day activities of an organization
During appraisal most of the functional records are retained about 75 %. 25 % are transferred to archives or
destroyed since their usefulness to the organization has ceased.
These are records created in the organization on day today basis. They support document that serve as evidence of
a short term activity but nevertheless relevant in this organization. Eg petty cash that purchases little things which
are not important
During appraisal 75% of house keeping records or more impact are destroyed. The 25% that are preserved could be
on financial issues.
LIFE CYCLE OF RECORDS
1. Stage 1-current stage/ active
2. semi-current
This means that;
The rate of use is moderate because they are not as active as before.
They are kept in registries but not close to the user
Primary value ie they are used for the purpose they were created for
The rate of accumulation is moderate
3. Dominant / inactive stage
At the apex there is continuation pointing to different directions with different colors
One direction should be in archives for storage because the records have secondary value.
The other direction is destruction because they have neither primary nor secondary value.
Disposal methods
After the main appraisal at the apex point records are supposed to be disposed off. There are several methods that
are used to dispose these records which include;
3. Security ie records cannot be easily accessed by intruders because one uses microfilm reader to access the
records
Disadvantages of microfilming
Mail management involves processing two kinds of mail ie incoming and outgoing mail in every organization
File is a carrier of related information which is systematically arranged according to date with the mostly recent on
top.
File creation
File organization
File movement
File
creation
Refers to making decisions in relation to what qualifies to be kept in files for future reference.
File organization
It follows after the file creation.
Organization is a reference to creating order within and among the files in the registry.
Inspection with intention of checking the content of the letter to establish its relevance
Indexing ie determining the number under which the record will be filled
Coding ie making the record with name or number decided on at indexing levels
Sorting. This is arranging the records in some order for the purpose of filling
Organization. This is putting the letters in a useable order that will help easy storage and retrieval.
Alphabetical system
Chronological filing system
Geographical filing system
Numerical filing system
Subject filling system
Factors to consider before deciding in classification filing system
Simplicity. The easier the system the fewer the mistakes the staff will make
Type of records involved and type of business organization you are working with
It’s a method based on the 26 letters of English alphabet. It ranges from A-Z.
This system is the simplest and it’s also the mostly widely used.
It is based on familiar things because it is exposed to everyone.
However for the system to be standardized in use there are certain rules that should be applied by all filling
organization. The rules include;
This is a rule used whenever alphabetical filling is used. Initial means beginning or fast.
Article means it’s a reference to a group of words. In the English language alphabet include; A, the and an.
The article at the beginning should not be considered in filling system, you move at the second word.
Numerical rule
This means if there are any numerals in the names and filling rewrite them in words.
Hyphen rule
This is a punctuation mark that is used to separate 2 compound words. All punctuation marks are not considered in
filling system.
Abbreviation
This is Use of initial letters that make up a name eg MIT, KCSE, UNESCO etc
Prefix rule
They are words that come before the actual name eg unfriendly here friend is the actual word
If there is a prefix accompanying the name it moves with the sir name eg Arap Moi Daniel.
It’s a direct access system ie the user retrieve the record direct to the shelves with ease and therefore quicker
method of retrieval.
Its expandable ie new entries can be inserted in the list without any problem
It’s the mostly widely used. This is because many organizations prefer it when filling their records.
Handling time is short because it is a direct access
Disadvantages
It become complex with time and therefore difficulty to work with as the organization grows
Mistakes are likely ie errors of retrieval becomes many with time
Rules are not easy understood thus making people fail to follow them thus misfiling can occur due to the
misunderstanding
This system can lead to uneconomical use of space because some letters of the alphabet have few entries eg Q, X, Y
and Z
ii. Numerical system
This method is indirect filing system where an index is required before retrieval can be done.
In a purely numeric system subject entries are given numbers consecutively ie one after the other and then a list is
prepared indicating the number and subject allocation.
Disadvantages
The numbers can be transposed ie changing the order of numbers thus ending with wrong numbers
It’s a system based on the subject matter covering the record filled alphabetically.
One determines subject matter of records by listing them and them arranging them alphabetically. Under each
subject area you have the subject matter covered
i. Brevity
ii. Accuracy
One should give the best and correct name for the subject.
There are two ways of doing subject filling. The subject can be arranged on Purely alphabetical bases that involves;
Dictionary arrangement
Encyclopedic method
In these methods related subjects are combined and one subject name is chosen to stand for them eg telephone,
email, telex, letter writing etc.
These are related subjects areas and one word for them is communication. This is done to avoid subject scattering.
Dictionary arranges subject alphabetically thus scattering related subjects.
Encyclopedia brings related subjects together.
Advantages of subject filling system
Brings related subjects together ie no subject scattering as happen with alphabetical filing
It’s easier in organization since they deal with subjects rather than people.
Disadvantages
It has impersonal kind of approach ie it’s more concerned with subject rather than people.
This is where documents are filed according to their sources ie where they come from
The filling arrangement starts with the largest geographical area which consist of ;
Tertiary guide
Individual name
It allows for fast retrieval of information ie has a direct access and files are shared out
It’s easy to control the information because one knows how to indicate information as per geographical
regions
Disadvantages
It’s easy to confuse geographical names and this usually happen when the name change regularly
Wrong name spelling can cause problem filling system
Time is being wasted when deciding which province district and county the person come from
File movement
This is a process that determines the way the stored information will be given out to the officers in question and
how the same file will be received back after it has been used so that the next client can borrow it next time
It’s also referred to as a charging out and receiving them when are needed
Importance of file procedure
Lays in the fact that the file is created for the use in the organization so the stored files will continue to be asked for
as long as they are in their active and semi-active status
It’s importance therefore for the registry management to know where a particular file it is kept at any given time
There are various procedures of information the registry manager requires to be able to do the above effectively
There should be a charge out procedure in the registry to be used whenever a file is needed.
Once the file is returned the information on the charge out sheet is now useless ie is cancelled out
A borrowed file may be required by another officer while it’s still in the hands of the previous officer
Transit slip is a tracer sheet filled for the purpose of ensuring that the file does not get lost in between.
It enables a registry manager to know who is the current borrower of the file is
The transit slip is taken to the registry to update the old charge out sheet
Charge out system is a system within a system. Charge out helps during follows up ie sending a message to the
borrower to remind him the file is due.
If files are not properly charged out they can be lost within the organization and that seriously affect the running of
the organization
To avoid the loss of files the registry manager should ensure the following rules are fgfollowed;
Charge out sheet should be filled fully every time a file is borrowed
Officers should not send massagers to collect files in the registry unless the massager comes with a
requisition sheet fully filled and signed by the officer.
No files should change hands and root before it reaches at the right place. In case of agency a transit sheet
should be filled if a file has to change hands on the way.
The file should not be torn while in the custody of the officer until it is returned in the registry
SECURITY OF RECORDS
Security of records means the records in the custody of manager are protected against all the destructive elements
that can threaten their survival.
There are four categories of hazards that the manager should protect his records from;
A. Natural
C. Environmental hazards
D. Biological hazards
1. Natural hazards
These are also known as acts of God. Examples include; floods, earth quake, lightening, fire etc
Making sure that the registry is structured in a way that floods should not affect
The roof should not be flat because flat roofs tent to hold water
2) Earth quakes
3) Lightning
Put some fittings inform of lightening arresters
4) Fire as a result of lightning
Prevention
A file just disappears or get lost when it is outside the registry circulation
Prevention of theft
Install security machines that can check the users as they exit the archives or record center
User education ie inform the users that records are well used when they are centralized
Seal all the entrances
Use of penalties
Reporting all acts of theft into the administration
Create a procedure for lending out files
(c) Misplacement
Prevention
If there is a lot of misplacement re- accesses the methods of organization to find out whether the users do
not understand what is supposed to be done. You may change the procedure into a simpler method
(d) Muiltilation
(e) Defacing
Pouring substances eg ink so that the content cannot be read any more
(f) Business espionage
Prevention measures
Certain living things can destroy your materials eg insects, rodents, fungus, bacterial etc
(a) Insects
Prevention
You should not build registry in a termite invested area by looking whether the area has colons
Digging all the termites and destroy their source especially the queen
Use insecticides to spray the surrounding of the registry
(b) Rodents
They are mice and rats and can destroy your materials very easily
Prevention
Clear the bush around the area to prevent their breeding ground
Make sure that food bits are not left on the floor ie people should observe high standard of cleanliness in
the registry
They include;
Fire
Bombs
Floods
Earthquake
Lightning
Fire prevention
Alarm systems
Bombs prevention
Human related activities can be avoided if the following measures are taken
Separating confidential records from ordinary records by keeping them in a room which is locked every
time and managed by record managers
Floods
Lightning
4. ENVIRONMENTAL HAZARDS
High temperatures are destructive to records and are supposed to be controlled. This is by air conditioning the
environment
(b) Humidity
This is amount of water in a given amount of air. When humidity combines with heat it is very dangerous because it
encourages rapid increase in fungi, moulds and insects
Proper ventilation
Floor should never be dump. Use dump proof walls and floors
(c) Sunlight
Prevention
SURVEY OF RECORDS
This is investigation and evaluation of several things in relation to records so as to know whether the kind of
records created is relevant to an organization
The investigation is to find out the storage facilities for records
This is a type of a survey that is conducted by record managers in order to identify all the records of an organization
It is basically aimed at the active record storage as well as inactive record storage. The surveyor has administration
responsibility and authority over these records
Such a survey results in the creation of record retention schedules which lists all the records of an organization and
assign retention periods and storage location for each
Such document becomes the approved plan for the maintenance of organization records
2. Archival survey
It is carried out by an archivist and it deals with records for which the surveyor has administrative responsibility and
authority
It aims to separate archival records from non-archival records quickly and fast eg when an archivist is called upon
by an organization doing some renovations and would want the archivist to assess the value of records before their
disposition
In such circumstances an archivist must collect historically valuable records quickly and hence have no time to
prepare detailed retention schedules in the brief time allocated
Deals with materials in more than one archival institution. It involves surveying records of an organization which
the surveyor does not have administrative control
The survey is intended to identify materials listed in some way eg subject, geographical location etc
Such surveys are funded with outside grants and result in a published guide to aid researchers
4. Non-repository survey
Directed to records outside the archival repository. Usually conducted to achieve one or more of the following
objectives;
Make creators and custodians of records more aware of historical value of materials
Improve access to materials not in archives
Identify records for possible acquisition by the surveying institutions
Stages of survey
The words that are used differ eg we wish to come and have a survey on your records
The organization can also request for expert to come and see whether they are doing the right thing.
b. Preparation stage
This is to ensure that the survey is done well. The surveyors should consider the following in preparation stage;
Trained staff-how ready is the staff in a position to carry out the survey
Attitude– the surveyors must have a positive attitude when carrying out the survey. The surveyors must be
patient and social.
Work schedule-kind of timetable showing what will be done, when and by who
Letter of authority-it a permission letter to carry the survey and is obtained from the ministry
Survey activities
Are activities related to obtaining the necessary information. The activities involve the following;
Arrival ie creating the right atmosphere for doing survey by holding a meeting with the administration and
then staff
The purpose of this meeting is to create the right atmosphere to do the exercise and remove the fear
Collecting the data. This depend on how big the organization is
Data analysis interpretation in order to come up with the right conclusion so as to write a report
Writing a report should not take a long time because feedback is needed so that the organization should
correct itself in managing the records
The report should be produced in 3 copies because there are three people who are concerned with reports;
Surveyors
Record managers
Ministry in question
The original copy goes to record manager because its regarded the right answer concerning record management
c. Implementation stage
This is what should be done concerning the recommendation ie solutions to the problems in the record
management
d. Follow up stage
Finding out the recommendations been implemented
Financial problems- insufficient funds to train staff, buy stationery, transport and money to cater for
accommodation
Staff might be un-cooperative in that they may not give the required information to the surveyors
To aid researchers
This goal is a natural extension of the archivist mission of identifying, preserving and making available for research
records of enduring value
Survey helps researchers to carry out their activities in an effective manner thus saving their time
This is particularly applicable to a records management survey because fostering economy and efficiency are basic
goals of any record management program
A record manager tries to reduce the use of expensive office space and equipment
Administration efficiency also benefits an archivist who is able to easily identify and transfer archival records
therefore making the survey an important first step towards improving the efficiency of administration
This is an important part of any survey. The participants, surveyors and administrators are all educated and trained
as the survey is carried out
Record appraisal is a process of determining the value of records so that those still have value can be permanently
preserved and those that don’t have any value are destroyed after a specific period
The value in question is secondary value ie value that record has to users outside the organization
Before this time records are supposed to have primary value which is the value it was created for.
To determine the usefulness of the records in order to know the records which should be preserved and
disposed?
To enhance efficiency in retrieval ie promote speed and accuracy during record retrieval
To avoid congestion in the registry. This brings tear and wear of records
The appraisal should start with analyzing to understand the activities and objectives of the creating agency
This is done so that we can determine which records have the following value;
Administrative value
Legal value
Financial value
Evidential value
Badly arranged files ie files that are not systematically arranged according to the law of provenance and
originality. This aspect poses a challenge to users while retrieving the record
Missing file covers where appraisers waste time trying to know the file name
State condition of the records ie dormant records which are poorly stored might be torn and stinking
Lack of trained and qualified appraisers ie appraisers who don’t have skills and positive attitude towards
appraisal of records
Financial problem which should cater for accommodation of appraisers, transport cost, stationery etc
RECORD DISPOSAL
This an activity that involves taking action on the records after appraisal
Partial disposal
Total disposal
(a) Partial disposal
This a process of reducing the storage requirement for certain records ie changing the form of records from paper
form to microfilm state
Getting rid of records completely ie either destroying the records or transferring them to archives or an
intermediate centre
A disposal schedule should come in so that one can list all the records disposed off, indicating quantity, method of
disposal, the person in charge of that exercise, witness and a signature form.
Record centre is an information system that provides low cost and high density storage for in-active and semi-active
records in an organization
Semi-active records are those that are rarely used but must be retained for occasional reference and therefore
must be stored in less costly office space
Record centre is also a place where records are stored for short time as they await review so as to proceed to
archives or to be destroyed
To provide security of records against unauthorized access as well as to secure records against destruction
To protect stored records against the risk of natural disaster eg fire flood, earthquake
Cost of storage in the department in terms of floor, space, equipment, personnel and stationery
Availability of space in the department
Frequency of use
Security of records
The following are considered in establishing a record center
What is to be stored
Storage facilities
Reference services
Location
Types of record centers
Advantages
They are centers that house records from government ministries, departments and other public establishments eg
schools, hospitals, law courts, parliament, churches etc
The materials are referenced by government officers, creating agencies or researchers with special permission
Nairobi record center- it serves Nairobi, central Eastern and North Eastern.
They are purely established for business purposes and they provide variety of specialized services
Duplicating services
Microfilming
Facsimile transmissions
An organization may wish to use the services of a commercial record center for many reasons;
a. Stack areas-
are primarily all other areas where records are stored
b. Non-stack areas-
are primarily all other areas where records are not stored. These are areas primarily administrative and processing
areas designed to facilitate the efficient and economical storage of in-active records
Administrative areas
This space enables personnel to perform tasks required of them. Office to be equipped appropriately with
computers, desks etc
Receiving/processing areas
Provides temporary storage for records as they are received in the record center. The area should be suited near
the loading desk
It may also act as a processing room where records are accounted for and assigned a permanent address for
placement in the staff area
Staging area
It must be adjacent to receiving area. It act as intermediate storage area where boxes are stored after being
processed
Reference area
Provides users with a mini library with tables, chairs, copiers, microfilm, printers and readers for viewing the
records
Destruction/Disposition area
It’s where records which have reached the end of their lifecycle according to the retention schedule as kept
If the destruction is in-house a shredder and bailer may be situated in the area
Provide adequate security of organizations in-active records against vandalism/ unauthorized access
Provide plenty of cheap storage space and equipment for an organization’s in-active records
Provide adequate protection of records against agents of destruction
Provide quick reference to creating agency
Destroy valueless records in conjunction with the creating agency
Prepare disposition schedules
Transfer records to archives or arrange for their transfer
Organize for transfer of semi active records
Offer advisory services to creating agencies in record management
Acts as an intermediary between creating agencies and archival agencies
Record center operation
Involved in
shelving of records
Processing of records ie sorting, listing, boxing, labeling, accessioning
Secures authority for disposal
Selection of semi-active records
Main types of record centers
a. In-house record center-
are centers within the organization which are used for storing non-current records usually in the basements of the
houses
Offsite record centers-are record centers located away from the organization. It should be at a convenient
accessible and owned by an organization or commercial owners.
Advantages of in-house
More economical in terms of renting and building another record center
Distance-it is in a convenient location for the record creators in case there is need to consult these records
Accessibility-it is easily accessible in terms of short distance
Security of records is assured
Maximum control over the records since the owner is taking care of them
Self dependent and this aspect brings about pride to the organization
Disadvantages
There is a tendency of the organization of ignoring dormant records while concentrating on current
records .This may lead to the destruction of records even those with secondary value
b. Offsite cente
Advantages of offsite center
It’s a cheaper way of storing these records when considering the overhead expenses
The registry staff has time to concentrate on normal record movement. Their concentration is not divided
between the registry and the record center
Find out the extent to which they abide with the requirements of the record owners
Record transfer is physical movement of records from the creating offices to record centers
It also refers to movement of records from a high cost office to a low cost place. This can happen anytime
depending on the need for the space especially after a survey is done
Process
Decode which records should be transferred and which ones should not through conducting a record survey
Record survey is the look into the records and decides which ones to remain and the ones to go.
After the survey the record manager will provide each department with a retention/ disposal schedule giving the
information of the retention period of each record. This will accompany the records to the record centers
Each departmental head will receive standardized card board boxes. These are recommended boxes for transferring
records to the record center
The records are put in the boxes. Each box should be labeled carefully to show what type of files is in each box
There is also a transfer from prepared by each department in the organization to serve as a record of what has
been transferred
On the labels there should be an indication of which records are from which department and their retention
periods
Date of transfer
Box numbers
The record center should be conducted for specific transfer instructions before taking the records there
The records should officially handed over to the record center personnel i.e. signing of the transfer form/ list by the
record center personnel in duplicate accepting the records
After the records have been received the record center personnel computes the storage control card. This card
indicates the location of storage and instructions on retrieval
Review of records has to be done from time to determine which records should be disposed off from the record
center.
They provide good storage for dormant records to protect them from deterioration to prevent loss of
records
Help in appraisal for the records which have archival value and they take it to archives
They carry out quick retrieval of records since record managers save time while retrieving the records
They keep the staff happy since their morale is enhanced when they are working in a conducive climate in
terms of cleanliness
Reduce tear and wear since records are filled well in the registry thus reducing congestion of records
It reduces cost of maintenance of records because there are fewer records to store
This is physical movement of records from the office of creation to the record center on their onward journey to
the archives
It’s a continuous process in the record management which takes place every time there are dormant records in the
registry
The transfer is necessarily to create space for the new records. The transfer should follow a certain procedure so
that all the details necessarily can be recorded
It starts with information from the manager to the heads of department informing them of the expected transfer.
The HOD are consequently expected to identify records that need to be transferred from their respective
departments
It requires them to do a final appraisal of dormant records they have to arrive at quantity which is required
The record manager should provide necessary transfer equipment which include;
The records are packed neatly in the various boxes making sure there is enough space between them ie horizontally
one on top of other
Each box is then labeled with information about its content. The box label contains;
Type of records
Covering dates
This is a document prepared by an organization to indicate the number of records to be transferred. It’s normally in
triplicate ie
The necessary arrangements before transferring records from registry to a record center is to chose the most
appropriate record center and notify the record center staff concerning the record transfer.
The officer who receives the records should sign in appropriate space in the transfer list.
The records at this point belong to the record center. Processing and storing ie storing the records where they are
supposed to be kept
The 1st copy will be sent to the creating agency and the original will remain in the record center
ARCHIVES AND ADMINISTRATION
It’s a short history compared to the world especially in West Africa. There are two main reasons why they started
late;
Africans are by nature oral communicators ie speak face by face rather than writing
Missionaries brought literacy in 1844 trough Ludwig Kraft. In 1895 is when the 1st records were kept
Due to predominant Culture or lack of culture the records were not well managed and there were several attempts.
The government kept sending circulars to public offices to apply proper record management.
The 1st circular was sent in 1910. This circular was from the governor of Kenya called Percy Girourd and said that
there was need for proper record keeping and preservation
The circular was not implemented because war soon broke out in 1914-1918
The next circular was not implemented until 1929 and it was a reminder that was said before ie public records
should be protected against ravages of climate and other insecurities
Although there was no war to destruct this circular money was still a problem and there was no skilled manpower
In 1930 the information that came out was to destroy all dormant records. The officer didn’t implement this
because he ignored and gave reasons
In 1936 the circular came with instructions of appraisal and because there were no trained personnel for appraisal
the records were sent in Britain for appraisal. This continued up to 1963.
It was a useful dispatch because it provided a way of Kenya records although it was the beginning of migrated
record saga
In 1939 the records which were left were burnt due to break out of fire in public offices at Jogoo house
In the same year the Second World War broke out until 1945. Up to 1948 no archival related development had
been done
In 1952n a committee was appointed that did something notable called Grigg in Britain to advice British
government on the way forward in relation to record management.
The recommendation of this committee came out in 1954 and was as follows;
Finances be provided for the purpose for improving record keeping practices in Kenya
Proper archival legislation to govern the way forth ie a law be enacted to govern archival record management
Some type of archive services was started in Kenya when appraise for dormant records was set aside in the old
Jogoo house basement
An archivist was identified to work there and was given the responsibility of; appraising the records, retrieve and
process the records
People kept bringing their records but the archivist could not go far because of junk problem i.e., records were
mixed up hence difficult in maintaining them. He did very little organizing
Within one year (1957) the archivist was sacked by the government due to lack of funds to pay his salary
His place was taken by a reference librarian and quoted the issue of finance as the reason until the country became
independent in 1963
Between 1960-1963 all useful records were migrated to Britain which had negative development of archive
The new government after independence recognized the need for establishment of a National Archive
In 1965 further legislation was done. They came up with 2nd circular. The same year proper archival legislation was
done outlining in details the functions of an archival service
The law was called public archives act number 32 of 1965. The main function of archive department according to
this law was to preserve and care for all public records taken to the National Archive
Record centers were also established in provincial areas called provincial record centers
These centers were made to collect records from public office in the provinces, appraise and transfer them to the
National archives that had been established
It was established between Tom Mboya Street and Moi Avenue near hill tone hotel
They establish the nature and extend of quantity of records created in the offices
Advising record managers on the best way to manage their records
Provide advisory services to government officers and any other interested organization, registry operations, file
classification, record maintenance etc
Archive administration division
Examine all public records in order to advise the record managers on how the records should be handled
Control access of records ie he ensures that closed access is used in archival records
Market the information and services they offer to the public ie prepare publications and distribute them to schools,
institutions or use media to publicize through TV, Radio
Reservation of records ie films and other housing equipment which require special care
Providing necessary retrieval tools eg indexes, calendars and guides so that public can identify what they require
with ease
He leads any public archive material for display during special events like public holiday
Taking steps to acquire and have returned to Kenya any public records which have historical value which may have
been exported before the commencement of the act
Approving any institution whether private or otherwise as a place where public archives may be preserved
Offences related to the National Archives
Section seven of Kenya constitution states that any person who willingly destroys, defaces, mutilates or damages
any public archive he would have committed an offence
Any person who willingly destroys or disposes any public records without any permission of the director shall have
committed an offence
Any person who exports any public records will be committing an offence unless he has been issued with the
necessary license by the director
Any person who willing fully abstracts or disobeys any law of order given by the director shall have committed an
offense.
Acquisition of archival materials refer to take possession of all historical public records from the various
government offices by the archivist
The following are procedures and guidelines followed in the acquisition of these materials
This is methods where by the archivist collects materials which has archival value from public offices and take them
to archive
Purchasing
The archives receives money from government for acquiring materials from personnel eg Joseph Murumbi
Collection which was acquired by Kenya National Archives
Donation/gifts
These are materials which have archival value received from people at a given time. The archivist examines such
materials and approves their value before accepting them
Once accepted a form is filled called a gift deed to ensure that donation is not reclaimed by the former owner or his
descendants
Dates
Description of gift in details
Signature of the donor
Signature of the recipient
Instruction on use if applicable
Loans from other institutions
Bequests
Migrated archive
It’s a method of acquisition where by migrated records are reclaimed from a country eg Kenya reclaims the
migrated records from Britain
Accessioning
It’s a process of recording basic information about every record acquired in the National archive
This recording is done in accession register. The information recorded in the accession register is called the 1st level
of control as far as archives are concerned.
It provides the physical and intellectual control of the archives such that the archivist is in a position to know the
source of the records, dates it was acquired. Intellectual control refers to knowing the content of records received
in archive.
The accession list should contain the following information;
The date when the records were received and owned by the archive
The type of records
Quantity i.e. the how many records they are. This is done in cubical linear feet according to the number of boxes
The formats of the record ie are they in book form or non book form (tapes, microforms, DVD)
Place of origin ie provenance, origin or source
Column of method of acquisition
Coverage ie the earliest and latest records
A brief explanation of the content
Remarks column
Signature
Fumigation
It’s a cleanup process which exposes records received in an archive to gaseous chemical components with a view of
killing any micro organism that may have accompanied the records eg termites, cockroaches, fungal infections, rats
etc
The process involves putting the records in a fumigation chamber over-night and later dried out. This makes them
easier to work with
Arrangement
This is the process of physically organizing records in accordance with accepted archival principles ie original order
and provenance
Original order involves arranging records without mixing them with others from other institutions
Importance of provenance
Sometimes it’s not easy to tell where some records are from because the name may not appear clearly or the
organization might have changed its name in course of the time
It refers to arranging the records following the order of arrangement practiced in the creating agency ie do not
attempt to change the classification system that was used
Records in the archive should be arranged in the order in which they were in the creating agency
Description of records
It’s a process of establishing intellectual control over the archival holdings through the preparation of finding aids
The first document used in description is called series description sheet. The purpose of this series description
sheet is to record detailed description list of nature, collection and format of each record series
A series description sheet will contain the following information including the above;
It will record the name of organization, person or family who created the series. This information links this series
with similar series from the same source
There should be also a series number. This is a particular number allocated to a group or related records to identify
them from any other series
Series title
This is simply the name given to this group of records which reflects the type of records and their functions
If there is no assigned title the archivist should design one and indicate accordingly
Date range
It shows the earliest and latest date of material ie a date when an item was created
Series quantity
This takes the shape of recording the shelf space occupied by this series in meters
Series arrangement
Chronologically
Numerically
Alphabetically
If the classification system is not disenabled then the archivist cannot impose one and record it accordingly.
Shelf list
It is included in series description list. It shows the content of each container of the list to indicate where the
records are.
Shelves have numbers and under each shelf there is an indication of what contain in each shelf
Boxing
Putting records in various archival boxes and labeling them with the content name
Files are put in a horizontal arrangement in the boxes making sure there is space among them to allow for air
circulation so as to reduce friction which may result to heat hence affecting the records
This is a process of putting labeled boxes into their respective places in the repository
When materials are placed on the shelf it should be numbered on the container and put on one corner of the shelf
Finding aids are descriptive media such as registers, inventories, guides and indexes
Finding aids establish physical and intellectual control over the holdings of archive and make it possible to retrieve
particular records from the archive
The finding aids present this information and other additional information to help users locate the records they
require
Guide
It’s the commonest type of finding aid in archives. It provides a summary of every record of archive with enough
description to help in locating the records
Subject guide
General guide
Organizational guide
Subject guide
It contains particulars of subjects. It lists the various topics in a subject area where they are located in archive
General guide
It provides an over-view of whole archival holding. All subjects are listed in general guide
This is used to find out all general collection of subjects found in general guide
Indexes
An index is a finding aid found in archive specifically in the repository area.
It contains the reference numbers of every record in the repository. The reference numbers are arranged in a
systematic way to help in easy location of information
Location registers
This is archival finding aid that shows the exact location of the record in the archives
The archives staff uses the location register to identify where specific record is located
Shelf list
It gives the list of all the records in a given shelf in an archive
It is put on the side way of each shelf facing the pathway within the repository
Inventory list
It’s a comprehensive list of all the record an archives owns
Each entry is accompanied by a brief description of the item and other locating information
Calendars
It’s a guide in the archive that contains information about the various records in the archive including the dates that
are significant in respect to each record
Calendar is a finding aid because rather than showing dates it gives the descriptions of the record
It’s a place set aside in archive for dissemination information. There are various services provided in search room
which include following;
User registration
In order to register members in search room they pay an annual fee which ranges from 100-200 ksh depending on
the status of the user
Student researchers
Kenyan citizens
Non-Kenyans
Orientation
It’s a service that is supposed to familiarize the new users of the services available in the archives, how to access
them and the expected conducts ie exposure to rules and regulations governing the users
Information dissemination
This is the main function of an archive. The methods used are open and closed access
Open access
Users can access the information materials direct to where they are located
Closed access
It is indirect because the user applies for the service he/she wants. He fills in the requisition sheet by filling in
descriptive information materials, personal identification information and location
After this he hands in the requisition sheet to the staff so that the information material can be retrieved
The security personnel sit in a strategic place in the archives to observe how readers are utilizing the information
materials
The security discourage users from mutilating, deface and folding of archival materials in order to prolong their life
span.
The security also ensure that people are not noisy so that they do not disrupt peace in the archive
User Accommodation
This deals with user comfort in the archive. The users require comfortable chairs, tables and furniture for reading.
The users are provided with proper lighting, conducive environment with fresh air, and enough space for reading
Clean environment
The environment should be kept clean and swept using a vacuum cleaner to prevent dust from landing on the
information materials
They are multimedia where readers can access non-book materials eg computers, websites, microfilms and
microfiche readers etc
Reserve services
It’s a service where by information material is kept by supervisor until the next day if the reader had not finished
using it.
Information desk
It’s where an old and new member registers their name when they enter in a search room
Induction section
It’s a place where people register themselves by paying some amount to be given the services
Supervisor desk
It’s where security guard stays to ensure order in the archive. For instance he/she ensures no one mutilate
information materials in search room
It’s where audio visual materials are accessed by users eg videos, CDS etc
Reading section
It’s a place where users are accommodated as they do their research. There must be standard tables and chairs for
reading, fresh air, cleanliness
One should be a Kenyan citizen by whatever means for instance by birth or Nationalization
He/ she is supposed to be an adult of sound mind
Should have full identification ie one should have a National ID, valid passport or a valid driving license
Must have a permanent residence ie one must have a home
Have two names of referees with their addresses. The referee act as a mediator in case one loose a book the
referee is the one who is responsible to answer such questions
Take a passport colored photograph
Rules and regulations for users
One can only access public archives by permit only ie one must be a registered member and the permit renewed
annually
The opening hours for archive on Monday-Friday is 8.15am-4.30am, and on Saturday from 9.00am-10.00pm
One can only borrow a maximum of six documents at any given time
Publication of documents will be held over one night ie 48 hrs
Researchers can only use pencils and ball point pens. Fountain pens are excluded because they don’t want their
materials to be defaced
Smokers are not allowed to use archival materials
No noise
One should not carry water in the archive
One should not be accompanied by their children because small children do not obey rules instead they may tear
archival materials which are delicate
Receiving Mobile phones is not allowed due to noise
Sleeping on information materials/books is discouraged
Security of archival materials
Archival materials are supposed to be taken care of even more seriously than the registry materials because they
are old materials that become delicate with time
They are very important-they contain crucial information that cannot be found in any other document ie they can
be used for evidence in a court of law
Some of them may be confidential-meaning they are not yet free for circulation
They are fragile-they are weak because they are very old
Archival materials are exposed to same destructive agents like the other materials and these agents of destruction
can be classified as;
Biological agents
Environmental agents
Chemical agents
Mechanical forms
Biological agents
Fungi
It grows on materials depending on the level of humidity, temperature and light available in the storage area.
Fungus pores are naturally in the atmosphere and when environment is conducive they start growing on other
paper or non paper services
The archivist should ensure the temperatures in storage areas is not lower than 30c
The humidity should not be higher than 95 percent. Fungus can be killed by high temperatures
As far as paper is concerned some types of paper encourage the growth of fungus even when the temperatures
and humidity are right
Some papers contain chemicals like dextrin, starch, carbohydrates and gelatin
This particular danger can only be controlled at the record creation stage. The archivist is supposed to advice the
record creators on the type of paper to use during record survey exercise
However as soon as fungus is noticed on paper it should be treated straight away ie by drying it up
They are living things and include; cockroach, silver fish, termites, book worms, rodents etc
These insects are present in archival materials because of age . They attack the cellulose on paper and weaken the
paper to tear easily
Ensure that archive is termite free. Archive should be built in termite free hills
Ensure there is no openings around the building ie ensure the archive is wire meshed
Ensure that after work the doors are air tight
People should not eat in the archive ie discourage people from eating in archive to avoid food being spit in the floor
Poison the rats after informing the staff
Use traps to catch the rats
Security of non-paper materials in the archive
These non-paper involve plastics which require protection as well so that they can last longer
Examples include;
Microforms are small forms of information materials produced from paper materials through the microfilming
process
The archivist ensures that the materials used has no nitrogen component because it encourages deterioration
Archivist must buy microforms which has acetate because it does not have nitrogen
The archivist ensures he uses white and black films for durability purpose
Storage
Films are sensitive to environmental condition like humidity & temperature levels, dust, heat, light, fire and water.
So the archivist must be careful where he stores his films
The storage room should be air conditioned ie the place where archival materials are temperature, humidity, dust,
heat; light should be kept at the right levels
The storage fire equipment of microfilm should be of metallic because they not easily attacked by fire
Install fire extinguishers in store room and ensure they are working
The storage room should not be painted with oil based paints because they are flammable
Water based paints are recommended because they do not catch fire easily
Microfilms should be dust free because dust affects their quality by making them dry and crackly
Sound recordings
They include tapes ,CDs, videos etc. They constitute part of archival materials and require adequate protection
The causes of damages in sound recordings result from the manufacturing and storage processes, environmental
factors
Preventive measures
Chemical elements used during manufacturing process should be kept away from sound recordings because they
cause faster deterioration
Bare hands should not handle sound recordings because they contain dust, sweet which can affect the sound
recordings
Speedy manufacturing process should be discourage due to impurities left which cause paper deterioration
The archives administration is supposed to acquire specific types of equipment for their records
Boxes
These boxes are of standard size and they accommodate loose papers, files, cards etc
The boxes are supposed to be acid free but not too alkaline ie they should be balanced
Shelves
They can either be metallic, strong plastic or wooden. They should be treated with anti-corrosive agent and rust
paint
If wooden shelves are used they should be treated against wooden eating insects
The archivist should avoid using wooden shelves because of the risk of fire. However they are good for absorbing
excessive moisture
The shelves should be a standard height but if they are high additional equipment may be bought to help in
reaching the high top. The tools are known as stepping ladders
Drawer cabinets
They can be made from strong plastic, steel or wood. They are usually for storing confidential records because are
lockable
They can be used for storage of files or known paper materials like tapes, CD, disks
Drawer cabinets should be raised from ground by 10cm from the ground to avoid contact with water and moisture
When wooden cabinets are used, should be well treated to protect them against damage by insects ie apply
wooden varnish
Care should be taken in storing archival material which include;
Avoiding congestion ie tightness while storing materials to reduce pressure between the materials and also allow
free air circulation among the materials
Equipment for transportation
Trolleys
They are for transporting archival materials. They are equipped with wheels to enable them to move smoothly
They are used for transporting large boxes from one place to another for shelving purposes
Just like other information centers the archive institutions are supposed to promote its services to the public
because they are financed from public funds and the information they keep is made for the country’s citizen
There are various methods of publicizing public archival materials. They include the following;
So there is need to raise people awareness about archival services and the challenge falls on archival administrators
The following are some the ways the archivist should use to publicize archival materials
The archivist should pay visit to institutions from primary level to university level in order to hold talks on the
importance of archival services
Greater use of mass media should be encouraged ie the archive should have a habit of paying space in newspaper,
radio, print media etc
They should encourage visit to National archives by people of all caliber
Use of posters in all public places eg hospitals, market, home etc
Problems faced by archivist concerning publicizing archival materials
Finances-Archives do not get enough money to advertize. They are not well funded
Poor management ie the leaders don’t have the responsibility to lead people
Functions
Staff/ managers
These are all information centers which serve different or specific clients or users
Type of users
Users of archive are members of public who are above 18 years and are of sound mind
They could also be citizen of respective countries. They discriminate some members
Libraries serve everybody ie they do not discriminate neither children nor adults
Type of managers
Functions
Museum preserves endangering species of animals for heritage for the next generation to see and to be told
history of the animals
In libraries information materials are organized are organized according to Library of congress or Dewey
decimal classification systems
Museum arrange their materials by assigning each item a specific place as they come and put
identification mark that gives the source, names and background
The curators allocate numbers to these items as they come but the number has no relationship with item.
The number is for the purpose of keeping inventory records
Archives, museum and libraries act as protectors of the materials in their custody
ADMINISTRATIVE HISTORY OF ARCHIVES
East Africa is a region of the African continent lying to the East of the continent. It comprises of 3 countries ie
Kenya, Tanzania and Uganda
Tanzania was initially called former Tanganyika and Zanzibar. The region is boarded to the East by one of the largest
water masses ie Indian ocean in the East and in West
It is boarded by DRC Congo Kinshasa. To the North it is boarded by 3 countries ie Somali, Sudan, and Ethiopia. To
the south there is Zambia, Malawi and Mozambique
The Bantu– They are one of the largest group in East Africa. They are in East African countries
They are kikuyu, Meru, Kamba, Kisii, Kuria, and Luhyas. In coastal we have Mijikenda and Taita
In Tanzania we have Chakas and Nyamwezi. In Uganda we have Bungadas and Banyoro
They are from Somalia and moved westward from Somalia ie the Somalis are the largest group
The people of East Africa were mainly traders and they used to trade among themselves and the kind of trade used
not to involve money ie they exchanged goods for goodsbarter trade
They were just hunters and gathers. The trading commodities were;
Gum cupules
Tortoise shells
Ivory
Minerals eg gold and copper
The traders of these goods sometimes came from very far across the sea ie Arabia, Persia, and Portugal but at first
they were trading among themselves
They brought their religion and culture to the Coastal region of East Africa. They could not move further inland
because of certain reasons
Aridity of the area ie very dry and hot
Tropical diseases
Lack of necessary transport/un-navigable rivers
Fear of being attacked by man eating animals
The region of East Africa remained without influence from outside until the coming of the Arabs and this region
was called oral history meaning there were number of records that were created during this time
People used to pass information from one person to another through word of mouth. Major historical events were
passed from father to son or mother to daughter
The history for this period before 19th century is obtainable from other sources not written sources and these
sources include;
Archeological sources
Cultural sources
Songs
Riddles
Anthropological source ie study of man
Linguistic ie study and analysis of language, sound, structure, formation and relationship among various
language groups
Oral tradition ie study of the past as revealed by what was heard by word of mouth from one generation
to another through; songs, proverbs, riddles, myths
Colonial East Africa
The first missionary group in 1844 and they had come from the church mission society from German
The two missionaries landed along the Coast of East Africa from Ethiopia ie Dr. Lidwin, John Rebman, Enhardt
They stabilized there after making friends with the Arab ruler Said Said. They had already learnt the Arab language
and there was no problem in communicating with Arabs
They attempted to travel to the interior part of East Africa and they managed to reach Mt. Kenya region as well as
the Kilimanjaro region
One of them had to go back home after falling sick from tropical diseases which had actually killed his wife and
child. He also left because of hostility of Kamba people
Before they left they had made a mark along the Coast by building a church at Rabai and also translated the bible in
Kiswahili
The Missionaries who came after the Christian Missionary Society had left were the Holy Ghost fathers in 1863.
They had come from inland in India. Their main concern was to rehabilitate free slave trade.
In 1864 the 3rd group of missionaries followed ie University missionary. They had come from Malawi where they
had left because of hostility of Arabs slave trade
They moved to Tanzania and build mission stations at two places at Masasi and Magila
The Presbyterian church of Scotland in 1975 was under Dr. David Livingston. They went inland to lake Malawi and
build their settlement
The various Europeans missionaries from different part of the world were competing over converts and also
recognition from the current rulers they found on the ground but the mother countries got involved to protect
their people
The first thing the mother countries did was to sent representatives of trading companies like the royal
geographical society to come to East Africa and survey it’s potential
At this time European had just been industrialized so they were in need of raw materials.
In 1885 Britain and other Europe nations had some kind of informal influence in East Africa through their
missionaries
They had also established a relationship with the Sultan and Zanzibar because they had stopped slave’s trade in
East Africa
In some times this European nations were interested in taking the whole Africa but soon after colonization started
through the petition and scramble of Africa by the various European nations
East Africa particular was shared out between Britain and Germany. Britain took over the present day Kenya,
Uganda and Tanzania with the exception of Zanzibar but also present day Rwanda and Burundi
Kenya
Kenya was called British East Africa before it became Kenya colony in 1920. Between 1888-1894 this region had
been under the control of a trading company by the name Imperial British East Africa Company
In 1895-1904 the British government settled down to the administration aspect and Kenya was not regarded. They
took time to settle because the country was very arid and unproductive.
They were referring to this region as stony highway to Uganda or a desert. After the change of boundary between
Kenya and Uganda in 1902 part of the fertile highlands became part of Kenya
Until this time the administration of British East Africa was in Zanzibar because it did not have a place to settle in
The construction of railway line from Mombasa to lake Victoria also changed the reputation of this region by
opening it up
The first formal colonial administration started in 1901 and the commissioner was called sir Charles Chariot who
injected the change of boundary in 1902
Charles first mission was to establish an administrative structure that saw the nomination of village headman from
the administration structured. He was followed by chief, district officer, DC, PC, governor who was represented by
the queen
The main responsibility of the chief and the headman was collection of tax from the village. They became
responsible in recruiting of labor in the firms of the British
The Europeans started by taking over not just the administration of the land but also ownership of the
administration of the but also ownership of the land
The ownership of the land was legalized in 1902 when the crown land ordinance .this allowed the commissioner
dispose of the land in the protection to the white man and this was beginning of land grabbing
The newly acquired Eastern province of Uganda ie from Lake Victoria to Naivasha was given to the White and
converted into the name white highland
In 1903 very many settlers arrived from overseas and South Africa. They included war veterans of ex-soldiers. This
is the period that the famous Lord Delamea came from South Africa
The governor allowed these settlers to do as they wish with land and the people around them. Their understanding
was that this land was unoccupied and they had a right to take it
Lord Delamea set an association with other settlers called planters and farmers association as soon as they came in
1903. This was meant to help them push for their requirement with the government
Later the association was renamed colony association and through this they had to grab a lot of land and obtain
free labor
Eliot ruled Kenya until 1904 and was succeeded by Donald Stewart. He continued with the same style of
administration ie favoring the settlers
He initiated African reserves policy that was meant to further alienate the African from their land. They were kept
in separate settlement called reserves from where they migrated forever in European firms. They did it in fear of
invasion
Donald continued with this kind of approach and even wanted to declare British East African and called it British
colony. However he did not succeed in having Kenya declared as a colony
This happened later in 1920. There was certain success however for the settler because they were able to change
some land laws and also to have administrative power transferred to a colonial office from foreign office of Kenya
Steward also set up a legislative council and executive council (Legico). The number of this law was making bodies
derived from settlers
In 1910 the settler through their Legico tried to force their will on the government through passing continuation of
association in order to get power from government
This law was passed in 1915 and it allowed the white to claim the highland by whites. The native legislative
ordinary introduced in the famous Kipande system. This was a certificate for every male African to ensure that;
They did not move to areas that they were not supposed to stay in.
Control of labor
In 1917 the same Legico established in 1905 passed a law that only Europeans could vote in the Legico ie Africans
were not allowed to cast their votes
In 1919 he was succeeded by another governor called Northy who ruled from 1919-1923. Just like the previous
governors Donald Steward and Eliot governor Northy continued with the same policy of racialism ie discrimination
of black man and actually had Kenya change from the status of protectorate to colony in 1920
The change of status from protectorate to colony encouraged more settlers to come and take over land in Kenya.
Within no time there was resistance of Africans who felt that the white man had gone too far
The grievances from Africans were many and varied and they included;
Heavy taxation because they were made to pay tax and not benefiting
Double taxation- they paid two different types of tax ie poll and hut tax
The Kipande system faced African men to stay in one place next to his master
The compulsory labor. If they didn’t work they would pay tax
Land alienation ie they had been pushed into the reserves
Racial discrimination/ racial segregation ie Africans lived separately as whites could not share schools,
roads
The earliest resistance was in 1920 which was lead by Harry Thuku in the name of young Kikuyu
association. He was arrested soon after and detained in a police station overnight. Around 25 people were
shot died protesting for his release
Harry was transferred from Nairobi to Kismaiyu. That incident reached Britain. He could not give a satisfactory
answer. A meeting was held in Britain chaired by the Duke of Devoash and a declaration was made in 1923 that
contained information that could have changed things in the colony but did not.
This declaration was called the Devonshire white paper of 1923 and this was its content. Primary Kenya is an
African country and arrest of African native must be paramount and what Africans wanted was to be followed
However they continued with their usual way of treating Africans. Grievances continued to be felt. The degree also
allowed Indians to have a representation in the Legico of the colony
The white paper prepared the way for future independence of Kenya
The reasons of Devonshire failure was lack of the will to implement the content of that paper in full because if
there was will Kenya would get independence soon. They had very little influence on the colonial government
Other resistance after the Devonshire white paper was implemented as expected ie white paper didn’t stop
mistreating the black
In 1923 there was another uprising and it was called Kikuyu central association. It’s intention was the same as the
Young Kikuyu Association ie they were expressing the same grievances but they decided to follow a different way of
doing things in order to avoid confrontations
There was no demonstration but forcing dialogue talks. Their leader called Kamau Ngegi who became the first
president of Kenya ie Kenyatta
Their fresh demand was to be allowed to grow cash crops like coffee, tea, pyrethrum, sisal etc
The release of Hurry Thuku
They wanted the missionaries center school to stop interfering with African culture practices
Because they did not want confrontation with Kikuyu council of association decided to sent their grievances to
Britain to be presented to the queen
They sent Kenyatta as a secretary and there was positive answer and Hurry Thuku was released
Kikuyu Council Association went on and established independent schools for Africans who could not be admitted to
the white schools
Teachers for independent schools were trained at Kenya teachers training college (KTTC)
The situation remained the same until the broke up of 2nd world war in 1939 and adults Africans were recruited to
fight the world war against the British
Although Africans lost their lives during this war they also gained in terms of understanding the white man better.
They came back more enlightened in regards to their rights as human beings especially the understanding that
white men could also fight among themselves ie in this war Britain was fighting against Germany
They realized that other countries were also fighting for their freedom independence Indians who were fighting
Britain
The war also had real gains because in 1944 Africans got their first representative in Legico ie Eliud Mathu a highly
educated African. In fact he was an oxford University graduate
There were constitutional changes in the Legico . The labor movement also gained from this time onwards
In 1945 the Nationalist war continued because they were not satisfied with one representative in Legico
After the end of war the Germany and Africans came up with another association known as Kenya African Union
(KAU) chaired by James
In 1946 Kenyatta returned to Kenya after 15 years stay in Britain. He came back and became a teacher before he
was employed by government. His message to country at large after he came back was they should engage in
economical activities like farming, fight for their rights and also go to school
Kenyatta encouraged Kenyan citizen that with unity and strength Kenya was going to be independent
The political movement was very strong as well as the labor movement during this period. There were strikes in
Mombasa caused by labor movement
They were opposing the change of Nairobi from town to city from 1950. There was a lot of oath taking among the
Africans Nationalists. The oath was taken by a split group called Mau Mau Association from KAU. It was determined
to fight for independence instead of asking for it
It was formed by a group of young men known as forty group ie they had been circumcised in 1940s. Their aim was
to sensitize Africans about their rights
Soon this movement was banned by government in 1950 because their way of spreading fear among the people
adjitating for war and also killings of the white farmers but it did not die. Instead the movement went underground
and continued with its activities
They came up very clear that they were a large revolution army and wanted to restore the independence, dignity of
a black man in Kenya which had been destroyed by the colonies
The governor at that time was Sir Henry and he declared a state emergency ie restriction of movement for 12 hours
a day curfew as it was meant to curtail the activities of the Mau Mau
On the first day of emergency the leaders of KAU was rounded off. KAU as a party was banned and its leaders were
taken in detention including Kenyatta
Kikuyu were transported from European firms into reserves and this was a way of controlling Mau Mau. In 1952-
1956 was the time for war
In 1956-1960 there was dialogue and state of emergency ended in 1960 and we met the war of liberation. About
10,060 were killed and 100,00 Africans were detained. Only 32 whites were killed
The cost of war estimated 60 million pounds. During the war there were some constitutional changes
In 1954 ministerial position was given to Africans to pursued them but they turned down. In 1957 Mboya was an
elected vote in Nairobi. He and others became members of Legico but refused to become ministers in white Legico.
They called that institution diluted democracy
In 1958 more Africans were elected as members of parliament which included Oginga Odinga and Shikuku.
Together they adjusted for the release of Jomo Kenyatta from detention
In 1960 a meeting held at Lancaster house in London was the first meeting of politicians of the country and the
colonial government. They had gone to negotiate the future of this country and the main agenda was
independence under majority rule
A common voter row for all Kenyan races ie all adults could vote in future
This was the first step to what majority rule in Kenyan because Africans were the majority in the country and if they
were allowed to vote alongside other races they would win
This resolution was a threat to the settler occupation because they called it a victory of Mau Mau
Distribution of ministries in the government was resolved in at this conference. That the ministerial position in the
Legico would be distributed according to the number of races
The ministries were distributed at a position of 4:3:2 ie 4 for Africans, 3 would be Europeans and 2 for the Asians
After Lancaster conference Africans had to come up with new political parties ie KANU lead by Gichuru since
Kenyatta was not legible
Jaramogi Oginga Odinga was the vice president and Mboya was the secretary
KADU was the 2nd party. This was a party for the small tribes but the initiator was the white man. They feared the
majority for an idea of settling
They wanted to have a party they could relate with, perpetuate and divide rule policy. KADU was led by the Late
Ronald Ngala, Muliro and former president Moi.
The main difference between these two party was that they were ready for independence but their system of
government was different ie they had different manifesto
KADU advocated for majimboism / regionalism otherwise both party were united in the release for Kenyatta and
advocated for land
In the following year 1962 elections were held and the contestants were KANU, KADU and the minor party ie
caredish party
The first government of Kenya was a majimbo government. In 1961 later in the year around November Kenyatta
was released and immediately he was elected in LEGICO and was given a position and soon after became the
leader of KANU
In 1962 new election was held. Before that election a 2nd Lancaster house was held in 1962. The aim of the 2 nd
Lancaster was to reunite the two strong parties before the elections which was held in 1963
KANU won with 82 seats and KADU lost. Kenyatta was the prime minister of the country. Kenya was the sole leader
of the country after the election in 1963
The country still had its ratio position and the settlers felt scared of the outcome of the election. They wanted to
leave but Kenyatta assured them for their safety and the reason was that Kenya needed to repair for economic
independence and their Africanization in the economic sector.
In 1964 the country become fully independent. In June first 1963 is when we got internal government and in 1964
Kenya became independent republic
When Kenya attained its independence in 1963 both parties were in one government ie multi-party
KADU dissolved herself and joined the government and we became one party state with a central type of
government
This one party has an executive president, vice president, cabinet minister and members of parliament. There was
only one parliament and therefore federal constitution was changed to a publican constitution with a central
government
The republic of Kenya is a unitary state meaning a country with a centralized government
Kenya has unicameral legislature meaning it has only one house ie one house as opposed by bi cameral legislature
which has two houses (lower and upper house)
This one house comprises of 158 elected representative and nominated members which has increased to 210
The legislature is the supreme authority in far as law making is concerned and it out mate goal for good governance
in Kenya through ensuring proper laws are made
The Constitution
This constitution has several sections but most important section is section 3. This section e of Kenya states as
follows;
his is the constitution of the republic of Kenya and it has the force of law throughout the republic and if any other
law is inconsistent with this constitution, that law will not be valid
The constitution has 3 distinguishable organs that are supposed be independent of each other
These are;
1. Executive
2. Legislature
3. Judiciary
Executive
It comprises the president, cabinet ministers. Executive is responsible for initiating and directing national policies
The government department are under control of ministers and are staffed by civil servants
Government departments are responsible for general control of ministers and are staffed by civil servants
Government departments are responsible for general administration at the National level
At local levels we have local authorities that are headed by the minister for local government
Judiciary
He determines common law and interprets the statutes. It is independent of both legislature and executives
Modern political association in Kenya can be traced from as early as 1907 when Europeans settlers formed what
was known as the colonialists association
This association later became part of conventional association formed at district level. This was formed to promote
the interest of European settlers
The Africans had no representation. The settlers interests were paramount at this time and those were powerful
among Europeans became leaders of those district associations
These associations were also the settlers parliament because they used to discuss bills and amend them where
necessary
The governor used to precede in such meetings and conclusion arrived at those meetings were submitted in the
LEGICO (legislative council)
The Indians also had their own associations during this time called Indian congress party. It had deep roots with
congress party in India
Its main focus was to champion for human equality ie the right representation in the LEGICO and also amend
description in commercial and residential in Kenya
It was closer to the feelings and aspiration of Africans than the settlers in India. It worked with East African
association, Kikuyu central association, Kavirondo tax payers welfare association
The activities of this congress reached their climax at early 1920s resulting to political uprisings.
There was no looking back especially for Africans associations and by 1946 Kikuyu council of association had
developed into KAU and its political activities became openly visible
There was a brief interruption during the emergency from 1930-1955 but soon after the political parties emerged
again but because the country was still under colonialism these political associations were allowed to operate only
at district level
The idea of limiting the party at district level was made to strengthen the district at the expense of National
because Europeans view was that;
Africans were not yet politically experienced to have a National association because they were immature
The promoters of colonialism believed that this district association would develop into strong units each
representing local parties to National levels
Between 1955-1960 African district associations were powerful in their own district except in Central district ie
Murang, Nyeri, Kiambu and Kirinyaga
Other than these there was party for Nairobi known as Nairobi People convention which was led by Tom Mboya
This had been encouraged in the past in Lancaster house conference in 1960. However they could not form one
party for the whole country because of ideological differences
Both parties KADU and KANU were united in the need of independence of whole country and the release of
political detainees led by Kenyatta
They all had a common structure because they had grown out of district political association. KANU however was
more dynamic both in numbers and leadership because it was led by people like the late Tom Mboya, Oginga
Odinga and Gichuru etc
It also had a different ideology from KADU to unitary state with a strong central government
The KADU itself was for federal central government. The KADU idea was more popular to the Europeans which
feared a strong central government under African leadership
They were also influencing the smaller tribes who feared domination by larger tribes who feared domination by
larger tribes
KANU was mainly a Kikuyu and Luos affair. Competition among these parties ended in 1964 where KADU dissolved
itself voluntarily and joined KANU. This was after Kenyatta release and assumption of KANU leadership. It was also
because KANU had promised protection of fundamental rights of individuals and did matter where individual
belonged
After 1964 we had one party system ie 1965-1966 and this one system was KANU party
However this party lasted up to 1966. Soon after another party emerged in 1966 out of struggle of KANU party ie
Kenya people party lead by Jaramogi Oginga Odinga which brought a disagreement with him and Kenyatta
There was a mini general election in June 1966 and after this election KPU lost miserably and this was KANU
intention to prove that KPU was weak.
However KPU remained until 1969 and Kenya went to one party system ie Kenya continued like this until 1992
when the country adopted a multiparty constitution
Law is the rule of human conduct imposed upon and enforced among the members of a given country
It also a body of rules or correct behavior that are designed to regulate human conduct within a given state
Purpose of law
To provide protection to the citizen of a given country in relation to their rights as human beings, their
lives and properties
Provide a fundamental frame work for society to develop within the limit and social economic justice
Sources of law
According to judicature chapter 8 of laws of Kenya the sources of law are as follows;
The constitution
Common la
Doctrine of equity
African customary law
Muslim law
Acts of parliament
A. The constitution
It acts as a source of law because it provides the framework upon which laws are formed.
It a public document which regulates the relations between the state and its citizens as well as organs of the state
B. Acts of parliament
This law begins as a bill. A bill is a a draft law which parliament intends to debate on in the legislative assembly
I. Government bill
This type of bill is presented to parliament itself so that members of parliament can debate it and if it is passed it
becomes a law
There are several stages involved into turning a bill into a law
a. Publication stage
This is a stage at which a bill is published in Kenya gazette to inform the public about the intention to have
it as law
Officially the bill should take 14 days in this stage but in some circumstances a bill can be debated before
14 days are over as contained in the study order number 98
The day for next reading is fixed according to studying order number 101. The bill is presented in the
parliament
It the second time bill is taken to parliament for discussion. During this time the merits of the bill are
debated and any necessary changes may be made during this reading
These changes should be consented to by the parliament through voting process and if the majority
supports the bill it passes on to the next stage
d. Committee stage
Ita stage during which some members of parliament or the whole house take charge of the bill to examine
it closely
e. Reporting stage
The selected committee takes the bill to the house according to the act 101. The committee chairman
reports the bill to the house
f. Third reading
During this stage the bill is looked into. The proposals of the bill are voted for and if passed by the majority
the bill moves to the next stage
During this stage the president looks at the bill critically and assents to it by signing against it to take it to law
NB; The president is not bound by any law to give this assent even though parliament passes it
The law may or may not be effected immediately. It can take time before it is effected
Misuse of parliament executive ie president and his members. This is where members of parliament are used as
rubber stamps for what executive wants
The representation of people views may not be apparent ie the representatives of public may not be there
Parliament may lack the time to know how to debate on matters of technical nature
It 鈥檚 also a time consuming process even with the necessary studying orders some argent matters may be delayed
unnecessary
It is prone to bias ie it may be influenced by selfishness for one gender representative
C. Legislation as a source of law
This is the process of law making through parliament or any other body specially constituted for the purpose
Legislation can be direct or indirect. Direct legislation is the law making by parliament known as a statute or an act
of parliament
Indirect legislation is where the law is made through powers derived from the statute or act known as enabling act
eg by-laws made by local authority
By-laws
These are laws made by local authorities such as the city council on behalf of parliament
Rules
Are laws made by government with assistance of technical officers in their ministries
Orders in council
Are made by leaders of the country like in United Kingdom is Queen, Kenya we have president
They compensate for parliament lost time though parliament is source of making law there are not always
there. Therefore they delegate duties to other bodies
Some time there is an argent law need to be made but parliamentary process is long so subsidiary legislation can
be used
Some matters are very technical and parliamentarians are not able to handle them because they not expert
therefore the law require experts
Flexibility of delegated legislation
These are laws made by either local councils or ministers and can be changed when they are no longer required
Are said to be democratic in nature because the people who pass these laws are not elected and therefore
the laws can affect everybody
These laws made by these delegated bodies are not subject to the principles of nullification in court ie
court cannot declare null and void
Inadequate publicity meaning people are not given time to know that there is a law that is coming and
therefore people are affected by these laws
These laws can be unreasonable and excessive because people making them are not representatives of
citizens
Control over delegated legislation thus has to be controlled by parliament
UNWRITTEN LAW SOURCES
They include;
African customary law
Common law
The doctrine of equity
African customary law
Are laws based on customs and traditions of the various ethnic groups in African indigenous people
These African Kenyan laws are applied in Kenyan courts under the following conditions;
They are applied as long as they don 鈥檛 contradict with the existing law
The parties involved in this case must either be party to that customary law or affected by that law
The law should not be discriminating
Customary laws are applied in certain cases, namely
Civil matters eg
Divorce
Dowry payment
Marriage
Pregnancy of unmarried woman
Adultery
Adoption of children
Legitimacy of children
Ante-state succession ie no will for reference
Common law
It also law that was applicable in England and practiced by the various communities leaving there
NB; The term common law originated from the ancient custom of England and came to Kenya with Europeans
during colonialism. It can be called customary law of Britain
Equity means fairness or justice. When it is combined with doctrine means that body of English law that was
developed by the court in Britain to supplement and it came in Kenya during colonialism
To supplement means it was made to fill the gap was not filled by common law. It was also made to introduce
fairness where common law was unjust
Case laws
These are laws that are made by judges in high courts through the judgments that they pass
Case laws are applied when circumstances are completely the same
Case laws are also borrowed eg Kenya can use Indian case laws
Case law provide certainty and consistency in the application of law normally called the rule of law ie law
should be applied fairly to everybody
It acts as good reference to judges of law court who might be clear about them
It provides for growth in law without necessary going to the whole process of law making
Case law reflect changes in the society ie things do not remain static
Disadvantages
Lack of flexibility in the law ie judges might follow the same strategy in handling the cases
It can result to unfairness in sense that may a judge neglect some things concerning certain case
The idea of administering East Africa has been there for a long time but each time attempts to do this they
developed barriers to federation even today the 3 African territories are still separate politically
However economical attempts have been made in creating associations supposed to remove trade barriers in the 3
territories
The first attempt at federation took place in 1924. This was done by the British colonial under a secretary by the
name L.S Amery. He established a commission to examine the possibility of bringing together the 3 federation in
East Africa
At the time Tanganyika was recovering from Germany administration and the governor in Tanganyika was not in
support of federation because he had the mandate to protect Tanganyika from settler influence which was rampant
in Kenya
However the governor of the 3 countries in East Africa agreed to form an association called the governor 鈥 檚
conference which was made to forge co-operation of a sort of economic front
They were supposed to meet once per year to discuss matters of common interest among the 3 East African states
This continued until 1927 when a second attempt to federate the 3 countries because they were still under the
same colonial power. This was led by Sir Hilton but still the things remained the same
In 1929 a third attempt was made a and still Tanganyika was not willing to co-operate. They co-operated in matters
of postal facilities, custom services, transport and communication
During the war 1939-1945 attempts were made to bring other countries into the East African fold ie Malawi and
Zambia. They called this co-operation a joined economic council for East Africa
This was done for the purpose of Second World War. It was not made to last. It was a way of pulling resources by
Britain
After the war the colonial was dissolved and countries began to operate separately. Things were quiet until 1948.
This is a land mark in co-operation because a body called East African high commission was formed
Its mandate was to pursue the idea of economic co-operation in East Africa. In order to improve efforts on co-
operation along communication lines, custom, postal services this had been there before
In addition they included metrological matters, statistics, higher education, currency money and research
It had its headquarters in Nairobi. It run its own legislative council and it was made to pass laws
In 1961 the body changed its name to East African common services organization (EACSO). The change of
name was done to reflect its function
One of the countries had became independent ie Tanganyika in 1961. The organization continued its
services until the 3 remaining had became independent and even after.
In 1967 after all 3 countries had become independent there they formed another body called East African
community one
It had now became clear that political co-operation would never unit because the 3 presidents wanted to
govern their own countries
East African was created through the commission of another community called Philip commission which
came up treaty for East African commission
That a bank to be established called East African development bank. The purpose of this bank was to promote
equitable distribution of industries through equal financing
Promote a common market of East Africa to ensure free movement of goods and services, labor, capital etc
Establish a common time barrier against trade with countries outside East Africa in order to protect trade in East
Africa for competition made to promote and protect development of East African industries
As a result of establishment of East African bank the 3 countries set up a trading organization owned by
government
They also encourage East Africans to own commercial and industrial organization that would be financed through
their trading organization in each country
In Uganda a trade organization called African business promotion limited was set up
In Kenya industrial and commercial development co-operation was formed in order to promote business
In Tanganyika they established international Trading Company of Tanganyika. This pushed economic in East Africa
The Co-operation of Tanganyika concentrated in higher education which by that time included secondary,
University and technical education but specifically a University known as East African University in 1963
Each territory had branch of this University. In Kenya dad Nairobi University, Uganda Makerere and Tanganyika had
Darussalam
The number of graduates in these colleges rose to over 60,000 in 1970 and because of growth in number. The 3
colleges were authorized to work as independent.聽 in 1975 unfortunately East African community collapsed
The collapse of East African Community happened in 1977 and lasted until 2000
In 1999-2000 another economic body was formed. It was a renewal of earlier treaty of East African community but
precautions were taken to avoid the pitfalls from the past
The treaty of establishment of East African community was signed by 3 heads of state on November 30th 1999 in
Arusha Tanzania
This treaty marked the lodging of another East African community body. The goals of this second community were
the same as before namely;
To widen and deepen co-operation among the partner state in political, economic, social and cultural fields,
research and technology, security, legal and judicial affairs
To create wealth and enhance competiveness through increased production trade and investment in the
region. The 3 states could therefore compete effectively in the world economy as one region
i. Custom union
ii. Common market
iii. Monitory union
iv. Political union
The following principles were o be observed by each community
i. Mutual trust
ii. Political will to do things
iii. Peaceful cohesion
iv. Peaceful settlements of disputes
v. Good governance
vi. Equitable distribution of benefits
Enhancing and strengthening the participation of the prime sector in the economy
Streamlining of gender in all government programs and enhancement of the role of women in the
government
To achieve these objectives the East African community established the following institutional
organizations
Summit
This was an organization comprising of 3 heads of states of government and its main function is to give general
direction to development to lead into achievement of these goals
Council of ministers
It consists of ministers responsible for regional co-operation. This was a policy organ of the community to ensure
promotion, monitoring and review of program implementation
Co-coordinating committee
It consisted of permanent securities for regional co-operation. They were required to write reports to the council of
ministers on the progress of the activities of the co-operation
Sectarian committees
Prepared comprehensive programs in their respective areas, monitoring their progress of these programs and then
reporting to coordinating committee
Ensured common interpretation and adherence to the law and mostly important compliance to the treaty
It is the most executive organ of East African and it oversees the performance of all organizations above
All these bodies were supposed to have priority over individual country matters as far as the community is
concerned
i. There would be trade liberalization meaning that one was allowed to trade anywhere
ii. Standardization in quality assurance meaning that all goods produced by various countries are equal
It a situation whereby two countries or more have come together to trade without any form of taxation. They
therefore constitute a common market ie a market for all the members
East Africa is free market where members can trade without no restriction
Here each country has to pay a certain amount of tax to the member country
The member country may not be equal thus some countries are disadvantaged
Tanganyika is a member of South Africa development co-operation (SADC) which is a free trade area for Southern
and Central Africa states
If Tanzania chooses to remain a member of SADC there would be conflict of interest because it has its own rules
and East African community has its own rules
SADC is very strong because there is gold. If East Africa has to be strong in economic areas it has to work together
with SADC
COMESA- Common East Africa Market Area is another strong trading area and can be a threat to future working
community
The early existence of mistrust slowed down growth of trade in the 3 East African communities
The 3 states are still at different economic level ie there is complains of trading imbalances and this can seriously
threaten the growth of trade of East African community
There is great hope that East African community will sustain itself even for political reasons. This is because the
benefits are many;
i. Poverty elevation in the region ie removal of poverty hence greater market for jobs opportunities
ii. Greater social responsibility ie there is no idleness in that people will have jobs
iii. People standard of living is heightened ie uplifted due to job opportunities
iv. Goods are also cheaper and therefore affordable because there are no tax, factories are producing goods
in large quantities and they enjoy economic scale
v. Faster economic development for the member country ie the rate of economic is high because people
have money to invest in industries