In this section of the East Africa , we are finding a very interesting trend arising  just as it did in the past in  the 1940s and 1970s.The issue of Federations and Devolved Government. Who should be consulted?

I think this is an issue where the present governments have shot themselves in the foot .

The Present Governments have a rule that they recognize the customary law of all tribes only if the custom is not inhumane and against natural justice.

Yet just by recognizing the Law of another , you are recognizing the sovereign authority.

Law is only made by the Sovereign .The Parliamentary system cannot do away with the Sovereign’s power .That is why Parliament is an arm of the Sovereign.

The law of your Managing director only applies in your company , it cannot apply nationally. But the Law of the sovereign applies wherever that sovereign rules.

Thus Customary Law is only made by the Customary sovereign in some communities this is the council of elders or kings.

Now we have numerous kings in a country like Kenya who are all subject to the State .The question is, when the State takes an initiative that is against the kings , do not the Kings have a right to stand up against  it ?

The problem of the current system is that it exalted the State to a Deity where every thing is does is just when that  is not the case.


Now the East African Community is a new front which concerns sharing power .It is actually a devolved government under one name called East Africa.

To whom does the EAC make consultations ? well theoretically it is the State but realistically it should consult the tribes or nations.

This is because tribes are nations .Yet what we see is a principle of subordination that was created by the Colonialists and now carried on by the post colonial governments  to their own detriment.

The big nations like the Luhya, Luo, Kikuyu, Kamba were all made subordinate to the Colonial Nation called Kenya.

The  big colonial nations like Kenya, Uganda , Tanzania, Rwanda, Burundi , South Sudan are going to be made subordinates under the new nation called East Africa.


The big colonial nations like East Africa and North Africa and West Africa will be subordinates under the New African Union and the New African Union will be subornidate under the nation called United Nations.

Yet this general method of doing things may bring tensions as there are some tribes and nations that are not in for integration.

For example many Tanzanians are not for the East African Community and there are some tribes in Kenya and Uganda crying for self autonomy and not regional autonomy .

Yet the Sovereigns of the se states will carry on with the integration without considering the views of the other sovereigns such as the tribal sovereigns. Will not this spell rebellion ?

I think it will and what I see coming is many secessions , either bloody or peaceful , as people will seek for self autonomy when the current State autonomy is either dissolved into the Regional autonomy called East Africa. Prepare for ground shaking changes in East Africa.

This is why the East African Community is playing very subtly and cleverly like the Camel that fully  entered into the tent just by its small head. The dissenting nations will realize it when it is too late.

Arthur Owiti