DIR 412/DPS 412 KENYA’S FOREIGN POLICY/RELATIONS Ms. Cyprine Oduogo’s Lecture Notes The course will look at the determinants of Kenya’s foreign policy and foreign relations, the formulation of Kenya’s foreign policy, the influence of domestic actors on Kenya’s foreign policy behavior (the constitution, the executive, the legislature, the judiciary and civil society). The influence of external actors on Kenya’s foreign policy behavior (international law, international organizations, bilateral and multilateral donors and the international public As a combined course, this course will also take analysis of Kenya’s relations including the country’s interaction with other countries, issues in Kenya’s relations with her neighbours (Kenya and Africa affairs, Kenya as an actor in the international system and interactions with countries other than its neighbours, the continuity and change in Kenya’s foreign policy. Kenya: A Historical Background The republic of Kenya occupies an area of about 583,000 square kilometers and can be described as a low income country. The republic is located on the Indian Ocean sea board. It’s bordered by Tanzania in the south, Uganda in the west, Sudan and Ethiopia in the north and Somalia in the east. The external boundaries of Kenya on the other hand are a result of a series of international agreements promulgated in the late 19th and early 20th century. Kenya’s boundary with Ethiopia was for example agreed upon in 1907 and was amended as recently as 1963-64, while Sudan and Kenya reached an accord on a northern boundary in 1930 and the eastern boundary with Somalia dates from 1924. Before its occupation by Britain, Kenya was the habitat of African tribes some practicing settled agriculture and others pastoral nomads. All had but the slightest of contact with the outside world. Arabs in search of slaves and ivory provided the first of outside contacts. In 1885, the Berlin Act by which the great powers agreed on a general code of behavior to be followed in annexation of African territories set the stage for the ensuing “scramble” Britain was however not interested in acquisition of territories at first. In 1888, Sir William Mackinnon’s East Africa Association secured a charter to administer the interior of the British spheres and began work at the coast and in the interior as the Imperial East African Company (I. E. A. C). The company later found itself unable to administer the country successfully. The British government then stepped in and declared a protectorate over Uganda. The reason to the change of the policy was to be found in Britain’s strategic interest in the area of the upper Nile. To the British statesmen the route to India remained all important. By a logical extension the country controlling the head waters of the Nile became a key piece in the jig saw puzzle of international diplomacy and that country was Uganda. This came to be seen as an essential part of Britain’s overall strategy. Once Uganda was held, it was relatively a simple step to set up further protectorate over the territory between Uganda and the coast. The British government declared a protectorate over Kenya in July 1895. The European occupation was however met with much resistance. The most violent resistance was that of Mau Mau rebellion. Although, Kenyatta disassociated himself from Mau Mau, he was not trusted by the British authorities and imprisoned in 1953. The terrorist campaign however ended in 1956 and the state of emergency which had been imposed was lifted and Kenyatta released. Kenya was granted internal self government in 1963 and Kenyatta who had been the leader of the Kenya African national union-KANU became the prime minister and then the president after full attainment of the independence in 1964. He continued as the president until his death in 1978. Kenyatta was succeeded by the then vice-president Daniel T. Arap Moi who built on the achievements of his predecessor launching an impressive four year development plan. An attempted coup by junior air force officers in 1982 was foiled and resulted for a while in political detentions and press censorship. After the coup, the national assembly declared Kenya as a one party state. Moi ruled the country for 24 years and was succeeded president Kibaki in 2002. DEFINING THE TERM FOREIGN POLICY Like other nation states, Kenya has foreign policy that guides its interactions in the international system. While it cannot be specifically defined, foreign policy is said to refer to those actions of a state that are meant to achieve particular objectives involving other actors beyond the state’s own boundary. They are the cords of international relations. Although this definition of the term foreign policy can be termed as the generally accepted definition, what must be emphasized is that different people define foreign policy differently. Joshua S. Goldstein (1999) for example defines foreign policy as strategies used by governments to guide their actions in the international system. According to Goldstein, foreign policies are what spell out the objectives state leaders have decided to pursue in a given relationship or situation as well as the general means by which they intended to pursue those objectives. He concludes that the day-day decisions made by various arms of government are guided by the goal to implementing foreign policies. The nature of Kenya’s foreign policy John J. Okumu argues that, Kenya’s relations with the external world have been handled with a great deal of caution uncharacteristic of many African governments whose activities in the external affairs have been aggressive on issues concerning decolonization, non-alignment and liberation of African territories under the racists regimes. During the first years of independence. Okumu argues Kenya adopted an extremely moderate and indeed a cautious stance in handling her external affairs. She has effectively maintained a “low profile” on many African burning issues and elsewhere, a style of diplomacy that is best described as quiet diplomacy. It is a style that avoids radical aggressiveness which she cannot defend or promote. Determinants: The basic of post independent Kenya’s foreign policy is however found in the KANU manifesto of 1961 and 1963. In these documents Kenya’s foreign policies include: The need to protect her territory or territorial integrity against the threat of Somali secessionists in the Northern Frontier District today known as the North Eastern province. Need for economic development. Need to be non-aligned Need to promote good neighborliness According to John J. Okumu the interest of secessionists in Kenya’s North Eastern province alerted her to the primary need to consolidate her boundaries. Secondly, Kenya realized that a good neighbor policy based on mutual understanding was a logical step for the security of both her people and territory. Thirdly a policy of vigorous economic development at home and economic co-operation and cultural exchange with her neighbors would strengthen her position in Africa and help in improving her economy. Samuel M. Makinda adds that, from the beginning, Kenya’s foreign policy was shaped by the need to attract more foreign capital, maintain commercial links with neighboring states, ensure the security of her neighbors and consolidate the domestic political power base. In pursuance of those goals, he argues Kenya maintained her independence in two different ways. First there was a dependence on the wider East African market. Secondly, there was a security dependence maintained in a defense agreement with Britain. Vincent B. Khapoya on the other hand probes Kenya’s foreign policy by analyzing its relationship with the west particularly with the United States of America and by trying to determine the extent to which the relationship has mediated the Kenya’s foreign policy behavior. He emphasizes that Kenya’s concern has been to protect her borders and to improve the state of her economy. John Howell who is perhaps the first scholar to undertake a serious look at Kenya’s foreign policy in 1963 however, argues that two distinct policies have been guiding Kenya’s actions in the international system. In global terms he argues external policy has been characterized by a strong sense of morality and idealism, while in East African affairs, Kenya’s policy has been governed by a rather more conservative and legitimist thinking. Economic development and protection of her borders have been a concern to the country. He notes that, Kenya’s conservatism came to be reflected most forcibly in her display of determined nationalism towards Somalia. The border or territorial issues have also emerged between Kenya and Uganda in the past. 1. The need to protect her territory. Kenya’s need to protect her territorial integrity against the threat of Somali secessionists in the Northern Frontier District was the result of Kenyan-Somalis’ determination to reunite themselves with the Somali republic. The secessionists movement was started by the KenyanSomalis who regarded themselves as a different race and therefore demanded either a separate Somali state or integration into the republic of Somalia. Those who supported secession argued that, the Somali people are a kinship group that share a common ancestor, religion and speak the same language. According to them, identity does not prevent strife between cousins, but it does distinguish such strife from war against neighbors’ attempts at domination (Zartman 1985). As a result of the partition of the horn of Africa, the Somalis were divided among five different political units/entities namely: Somalia (Italian Somaliland), British Somaliland, French Somaliland and the Ogaden Somalis in Ethiopia and Kenyan Somalis in North Eastern Frontier District today known as North Eastern province. This division was however not acceptable to the Somali nationalists who began to claim the right to form a Somali state or a “greater Somalia” through the unification of Italian Somaliland and the other four branches. The idea was started by Sheik Mohammed Abdullah Hassan (1900-1920). The Somalia republic thus claims self-determination for Somalis living outside Somalia namely the Ogaden Somalis in Ethiopia, the North Eastern province Somalis and the Somalis in Djibouti. Yousuf Juma for example writes that, the term Somali include all Somalis whether in Somalia or in disputed territories of Kenya, Ethiopia and Djibouti. The Somali nationalists in Kenya thus claimed that the North Eastern province ought to be detached from Kenya and annexed to the Somali republic. Their claim is centered on the principle of self-determination. The area in question comprises approximately a fifth of the territory of Kenya. Article 6 (4) of Somalia constitution adopted in July 1960 under Osman Shermake’s regime for example stipulated that, “the Somali republic shall promote by legal and peaceful means the union of Somali territories.” The principle was continued by Osman-Hussein’s administration 1964-1967, Sharmeken Egal administration and even Siad Barre’s regime 1969. Kenya however rejects the Somalis’ claims. The country from the time before independence was determined to safeguard its territorial integrity. It stands by the principle of territorial integrity which is based on the assumption that each state has fixed and safe boundaries which are not subject to any external violation. Article 2 (4) of the United Nations for example states that “All members shall refrain in their international relations from the threat of or use of force against the territorial integrity or political independence of any state or in any other manner inconsistent with the purposes of the United Nations. For the African states whose boundaries were artificially drawn by the Europeans to serve European power policies therefore, the principle of territorial integrity is to be respected. They have for example inscribed the Organization of African Unity Charter, Article 3 which stipulates that: “member states solemnly affirm and declare their respect for the sovereignty and territorial integrity of each state for its unalienable right to independence.” They argue that boundaries acquired at independence are to remain unchanged. Their acceptance of the artificial boundaries is largely based on a domino effect. It is assumed that allowing changes of boundaries of states or a state through conflict or otherwise no matter how legitimate would lead to similar demands among other contested boundaries in Africa. Kenya as a country has thus been very sensitive towards the demands for changes in its boundaries. It is against the so called wars of liberation if it is directed against it. Kenya thus has maintained her respect for legitimacy of the boundaries at independence. In 1962 for example, Jomo Kenyatta visited Somalia just before the country’s independence to square things out with the Somalia government. He made Kenya’s position clear and said that: “we and especially KANU feel and we have put it clearly before the Somali government that we regard the NFD as part of Kenya. We also regard Somalis who live in the NFD and elsewhere in Kenya as our brothers. They are part and parcel of Kenya in that fashion. This is a question which we can discuss with the Somalis in the NFD, this being a domestic affair of Kenya.” Any claim on the NFD in Kenyatta’s view thus constituted a violation of Kenya’s territorial integrity. The same theme was expressed during the OAU inaugural summit conference in Addis Ababa in May 1963. The Kenyan delegation for example warned that Somalia’s territorial claims were against Pan-Africanism and a most dangerous weapon for destroying African solidarity. They argued that Kenyan Somalis should either integrate with the rest of African Kenyans or they were perfectly free to leave Kenyans and their territory and cross the border with their camels to Somalia. According to the delegation, that was the best way Somalis in Kenya could exercise their legal rights of self-determination. They added that, if every territory to which people of the Somali tribe migrated had to become part of Somali republic then the world map would have to be redrawn. Korwa G. Adar therefore concludes that since independence, the protection of her territorial integrity has been the key model determinant of Kenya’s foreign policy toward Somalia. 2. The Need For Economic Development Another determinant of Kenya’s foreign policy in the post independence era was the need for economic development at home. At independence, Kenya’s economy by African standards though dependent, was a fairly developing economy. It had sizeable manufactured goods for export particularly to East African countries. The economy mostly relied on the export of coffee and tea. Lack of indigenous managerial and technical skills as well as technology and lack of adequate capital for investment was negated by these factors and the field for the penetration of external dependency wide open. Kenyan policy makers therefore pursued open policy through which Kenya externally made relations and sources of foreign aid could be diversified. Kenya also hoped to attract private investors who would stimulate rapid economic development. It was also believed that foreign aid or capital from abroad as well as increased borrowing from international financial institutions such as the World Bank would enhance development. In Kenyatta’s administration therefore, economic self interest was as important as territorial integrity. For purposes of economic development also, regional commerce became a major factor in Kenya’s foreign policy. Kenyan nationalists thus did not anticipate a major restructuring of the economy. After independence, they sought to preserve regional economic structures together with all the benefits that had been accrued before independence. The call therefore was for the preservation of the pre- independence regional system. The preservation was necessitated by the apparent precarious position in which Kenya found herself upon the attainment of statehood in 1963. Kenya’s special economic position in east Africa risked being challenged by Tanzania and Uganda following the departure of British colonialists who had created a dependency relationship among the East African states. Kenya by independence had developed into an East African metropol and Tanzania and Uganda constituted her periphery. . In turn Kenya formed the periphery that linked Tanzania and Uganda with metropolitan Europe and North America. Through such institutions as the East African Common Services Organization, the East African Currency Board and the East African Common Market, with a more or less uniform external tariff and a virtually free-trade system in the region Kenya completed the linkage. The headquarters of the Common Services including East African Post and Telecommunications were however in Nairobi, Kenya. Thus, Nairobi became the centre of economic and communication activities in post Second World War British East Africa. Foreign investors responded well investing their capital in Nairobi where industries’ manufactured goods for a protected East African market were. Consequently Nairobi became the centre for international capitalist penetration of East Africa. The inflow of capital into Kenya at the expense of her neighbors enabled Kenya to develop ahead of her neighbors. Tanzania and Uganda thus grew to form the peripheral that supplied the raw materials for use in the Kenya- based industries. They also constituted the principal markets for Kenya’s manufactured goods. In addition, foreign firms based in Kenya acted as middle men for major exports from Uganda. As Tanzania and Uganda developed to dependencies of Kenya, Kenya also became inextricably tied to external capital. After independence therefore, it was expected that Tanzania and Uganda would seek to redress the imbalance by adopting policies that would lead to regional economic re-organizations. Kenya’s policy of good neighborliness thus rose out of the recognition of this fact. Kenyan leaders quickly realized that a reckless foreign policy could endanger the economy which by any measure depended on the East African market, regional and internal stability and the continued inflow of western foreign private capital. Kenya thus decided that the status quo must not be changed. This decision soon led to the formation of the old East African Community for the purposes of promoting trade and good neighborliness in East Africa. Good neighborliness basically meant the maintenance of pre-independence status quo. Kenya therefore chose to dwell on peace, unity and liberty. The intention is to receive political good-will from the neighbors so that “plenty be found within our borders”. In terms of external trade, Kenya’s major trading partner since independence has been the European Economic Community, which absorbed 1/3 of Kenya’s exports which included coffee, tea, pineapples, cashew nuts, hides and skins, pyrethrum extract, fresh and processed horticultural produce, flowers etc. After independence also, Kenya aimed at attracting foreign investors. Since Kenya had opted for an open capitalist economy when it attained independence foreign investment was encouraged especially in priority industries. Both the British and Americans became the major investors. By 1986 for example, Britain had the largest stake in Kenya. In an endeavor to develop also, the Kenyan leaders emphasized the need to attract more foreign capital. Having been ruled by the British, most of Kenya’s foreign capital came from the United Kingdom in form of grants or aid. The British financial assistance to Kenya for example began immediately after independence. In 1963, the U.K aid program consisted of a mixture of loans and grants. In broad terms, this assistance can be divided into two phases with the first phase concerning the period 1963-1977 and the second phase starting from 1977-to date. The first phase mainly concentrated on the land transfer program and the assistance was used to buy out those British farmers who chose to go back to Britain after independence. In 1978, Britain decided to write off all outstanding loans to Kenya plus accrued interests. As a result of an assessment of Kenya’s per capita which had shown that Kenyan majority were living below the ‘poverty line’, Britain decided that all assistance to Kenya would be in form of grants effective 1975 and hence the writing off of the loans. Most of the British assistance to Kenya comes in form of project aid and trade provision, technical assistance, balance of payment, support and sector aid. Apart from Britain, Kenya has also since independence gotten her capital from the USA, Japan, China and other European and Middle East countries. The need to attract foreign capital thus has determined Kenya’s foreign policies towards those countries. From the time of independence therefore, Kenyan leaders believed that the country should borrow from any country technology and economic methods without commitment. It would also accept financial assistance from any source without any strings. 3. Need to promote good neighborliness It is another factor that determined Kenya’s foreign policy after independence. This policy was promoted by Kenya’s geo-political location around the Indian Ocean. The position became a stabilizing factor and influenced its relations with the land locked neighbors in particular Uganda. According to Kenyan leaders, good neighborliness would help in settling border issues with Somalia, Uganda and Sudan. By forging a military alliance with Ethiopia also, Kenya hoped to maintain a balance of power around the Horn of Africa. The objective of maintaining a balance of power became visible in the way Kenya related to Idi Amin of Uganda despite his claims on Kenya’s territory. It is also evidenced in how Kenya handled relations with Ethiopia after the death of Emperor Haile Selassie, who was a personal friend of Kenyatta. Kenya for example maintained diplomatic and economic ties with Uganda throughout Amin’s reign of terror. Kenyatta especially goes to record for remaining silent on the internal affairs of Uganda except when the security of Kenyans in Uganda was involved and when claims were made on its territory stretching from Western Kenya to Rift Valley by Amin. Reacting to Amin’s claims, the Kenyan leader made it clear that Kenya would effectively defend itself even though Amin’s claims did not interfere with commercial interactions between Kampala and Nairobi. Kenya’s policy of good neighborliness was accompanied with the need to promote and consolidate international peace. Globally, Kenyatta’s administration undertook to promote international peace and cooperation through the United Nations and the Organization of African Unity. Within Africa therefore the guiding policy was African solidarity and unity of action within the framework of the Organization of African Unity. Kenya thus adopted an anticolonialist posture and opposed the apartheid policy in South Africa though not consistently. Due to the need to promote peace, Kenya also committed itself to support the liberation movements in parts of Africa. Kenyatta through his speeches promised to work together with other African states towards the gradual realization of continental unity. 1. The Need To Be Non-Aligned In the Cold War era it is another factor that determined post independence Kenya’s foreign policy. In its global relations Kenya chose to offer friendship to every country that would return it. But the policy of non-alignment would not mean neutrality in world affairs. Far from it, Kenya planned to participate fully in international development, supporting what the country believed was right and judging each case on its merits. In order to achieve this policy, Kenya would not permit the existence of foreign military bases on its soil. The country however, continued to commit itself to supporting world efforts for universal disarmament. Kenya’s adoption of non-alignment as the basis of her international policy thus experienced a sense of conservatism and uncertainty in a bipolar international system. The perceived threat of neo-colonialism which in the 1960s was thought to constitute a potential danger to formal political independence called for a posture that could protect the formal political independence especially when there was a doubt about the ability of the new states to defend their independence and sovereignty with military force. For Kenya therefore, non-alignment came to denote a policy as well as a strategy designed to avoid entanglement in the Cold War which characterized this bipolar structure of the new international system. Non-alignment sought to enable the new state to be an actor in the international system without losing her identity. As a part of collectivity, Kenya hoped to effectively pursue her international interests. The collective strength was however to derive from a moral force rather than military power. Rapid economic development also required diversification of both sources of trade and foreign aid. But such diversification meant increased politico-economic independence and security as it would enable the state to skirt the super powers camps. Thus Kenya saw non-alignment as a strategy to protect the nation’s independence and sovereignty from extra threat. Speaking at Makerere University on 17th August 1964, the late Tom Mboya objected to the policy of isolation or neutrality in international politics. Since Kenya belonged to the growing third World which believed in the policy of positive non-alignment, Mboya noted that her policy was also one of positive non-alignment. Kenya’s choice of non-alignment policy would thus ensure that it was not used as a tool of any of the rich nations nor would it be expected to align herself permanently and automatically with either the Western bloc or the Eastern bloc. Under the non-alignment policy also, Kenya promised that other elements of neo-colonialism and imperialism such as foreign military bases would not be. Non – alignment policy was in other words meant to achieve two basic international economic objectives. 1) The avoidance of economic imperialist 2) The facilitation of the diversification of both the market for our exports and sources of income whether of goods, capital or manpower. Positive non – alignment however required that Kenya’s relations with the major powers be carefully balanced so that the country’s ability to act in international affairs was not hampered mostly by the cold war. CONTINUITY AND CHANGE IN KENYA’S FOREIGN POLICY Kenyatta died in 1978 still believing in the above policies. His successor Daniel T. Arap Moi then came to power as kenya’s second president. The president declared that he would follow Kenyatta footsteps or Nyayo. He admired some of kenyatta’s legacy which according to him included love, peace, unity, justice, freedom and non – interference in domestic affairs and integrity of other states. In terms of foreign policy therefore Moi’s views came to be similar to those of Kenyatta. He for example became weary of policies that sought to adjust national boundaries. He thus condemned inter – African wars based on territorial claims. Under Moi also, Kenya’s posture of non – alignment remained the same. He for example gave support to NAM’s objectives while simultaneously intensifying relations with the west. Nairobi’s support for African liberations movements also remained strong. In fact it was graded to include inviting freedom fighters to national day celebrations and military pass – out ceremonies. Like Kenyatta also Moi became involved in direct efforts to mediate internal conflicts in the African sub – region. One feature that differentiated president Moi’s policies from Kenyatta’s however was presidential personal diplomacy. While Kenyatta had maintained a low profile in the management of foreign policy, Moi has been at the …………….25 of the management of foreign policy and visited many countries to kenya’s national interests. Moi broke a record in kenya’s diplomacy when he visited Russia and china. During kenyatta’s regime no visits were made to the two countries. Kenya’s objectives in eastern Africa equally remained traditional under Moi’s regime or administration. Emphases continued to be made on the preservation of territorial integrity and the creation of a regional environment that would enhance national economic development and political stability. Even though the old east African community had collapsed during the Kenyatta’s era, the impacts of its collapse became manifested mainly in “Nyayo” era. Kenya suffered a substantial loss in it’s inter – regional trade as a result of the border closures. All the same kenya under president Moi continued to put emphases on the need for good neighborliness and the need for promoting economic development through regional trade. As a result……………………………………………………………………………….26/27 (not clear) THE DOMESTIC ACTORS IN KENYA’S FOREIGN POLICY There are different actors in Kenya’s foreign policy namely domestic and external actors. The domestic actors include: the executive, the legislative, the judiciary, the constitution and civil society. The external actors include: international law, international organizations and multilateral donors together with international public opinion. These actors do influence kenyas’ policy behavior. What is to note however is that, the degree of influence of each of these actors vary depending on which institution wields much power than the other and on the personalities that head them from time to time. According to Godana (former foreign affairs Minister), the method or style of formulating and articulating foreign policy may vary from one country to another – in one case there may be a highly institutionalized and somewhat predictable system, while in another the system may be highly personalized and less predictable. In m any countries for example the executive arm of the government has the highest say in foreign policy matters. THE EXECUTIVE In Kenya, and elsewhere, the executive arm of the government is the chief actor in foreign policy making process and implementation. This arm of the government has the highest say when it comes to matters of foreign policy and what becomes foreign policy. The constitution of Kenya for example says that the Cabinet, which is consisting of the President (Chief Executive) and his ministers is collectively responsible to the national assembly…….for all things done by or under the authority of the president, vice-president or any other ministers in the execution of his office. The government’s job in other words is to determine the national interests in particular, the circumstances that they need to promote and that becomes foreign policy. Specifically however, the conduct of foreign affairs is the prerogative of the Chief Executive, the President of the Republic of Kenya. The independent government of Kenya therefore inherited all the prerogative powers that the Queen of England could exercise in relation to Kenya in 1964 via Section 16 of the old Constitution of Kenya, Amendment Act No. 28 of that year. Even under the new Constitution, the foreign affairs of Kenyan people is the prerogative of the chief executive i.e. the president of the Republic of Kenya. The power to conduct foreign affairs is thus part of the executive powers vested in the president. In the foreign policy making process also, the government of the day has the exclusive authority to manage the foreign affairs of the state subject to the laws made by and the control of the parliament and needs the criticism of parliament as much or as little as it thinks fit. What this means is that, the conduct of foreign policy in Kenya is exclusively the responsibility of the Executive which is answerable to parliament. Parliament however can only seek explanations from the governments about what it is doing and why. In addition, parliament as a representative organ of the people can only urge and recommend to the executive to meet certain obligations in its foreign policy making, but the executive is not under any compulsion to respect such recommendations. According to Kenya’s constitution also, the chief executive is the initiator, articulator and director of foreign policy. This requirement however applies universally and not only to Kenya. The president however does not usually make the foreign policies directly or alone but involves different departments of the government and his friends together with those whom he trusts hence foreign policies are not made by the person or the president, but in the office of the president. According to Maria Nzomo (1981) for example, the locus of decision making in general and foreign policy in particular did not reside in Kenyatta as a person but in the elaborate power structure which had been built around him to perpetuate the myth of his power and authority. Kenyatta according to Nzomo did not personalize foreign policy making, but instead involved people who were very close to him, and various departments of government. These people, Nzomo calls “The Palace Advisors” and they included cabinet ministers, prominent public servants, relatives and friends and most of them hailed from his ethnic community, The Kikuyu. The group comprised of individuals who the president trusted and with whom he had direct contact. This group usurped the role of the cabinet and performed the responsibilities of a formal cabinet. Throughout the 1960s therefore, the personalities who had the greatest influence in the foreign policy of Kenya were: Trusted Kikuyu ministers such as Njoroge Mungai, Mbiyu Koinange, Mwai Kibaki, James Gichuru, Charles Njonjo and Julius Gikonyo Kiano. Trusted non-Kikuyu ministers such as Daniel T. Arap Moi, Tom Mboya, Joseph Murumbi, Oginga Odinga and Bruce McKenzie and Trusted non-ministers such as Kariithi, the then head of public service and security to the cabinet. When Moi came to power in 1978 following President Kenyatta’s death, he became the main actor in both foreign policy making process and its execution. According to Maria Nzomo (1981), Moi seemed determined to put his personal mark on Kenya’s foreign policy. The president, she wrote, was at the center-stage in foreign policy management and under his regime, there was a shift to personal presidential diplomacy. Moi for example made a number of visits to overseas countries since taking office. He visited countries in several continents such as Asia, Western Europe, Africa and North America. The presidential diplomacy during this period was geared towards Kenya’s national interests such as pursuit of economic growth and promotion of regional peace and security (Okoth p.158). One of the major regional foreign policy initiatives undertaken by the president upon coming to power was the mediation in the Ugandan conflict between General Tito Okello and Yoweri K. Museveni in 1985. According to P.G. Okoth (2010), there were a number of reasons why Moi agreed to mediate in the Ugandan conflict and all of them were related to Kenya's national interests. First, there were economic reasons. In its trading transactions with Uganda, Kenya had for a long time enjoyed a favorable balance of trade. Kenya therefore wanted this to continue and this could be realized if peace prevailed in Uganda. Secondly, in undertaking to mediate in the conflict, Moi (and by extension, Kenya), wanted to balance the power and influence Tanzania enjoyed in East Africa. Tanzania’s image had been boosted by its involvement in conflict in other parts of Africa such as Mozambique, Namibia, South Africa and Angola. Kenya therefore felt that it was being sidelined in the region (158) hence, it wanted to correct the imbalance. Third, Moi decided to mediate in the conflict because he wanted to correct the damage to Kenya’s reputation in international circles. The most notable case is that of the country’s stand on the issue of the Apartheid regime in South Africa. Kenya, like many other countries the world over supported international sanctions imposed on South Africa by the international community. However, Kenya allowed planes going to South Africa to stop and refuel in Nairobi and Mombasa. This was in contravention of the resolutions passed by OAU. The Ugandan mediation therefore provided Kenya with an opportunity to correct its image internationally. These reasons explain why Moi undertook to mediate the Ugandan conflict. Moi’s involvement in the foreign policy process in Kenya and outside underscores the fact that the president was an important actor in the country’s foreign policy during the period under consideration. During the 1st decade of Moi’s rule therefore, the president remained the dominant actor in Kenya’s foreign policy as he personally conducted foreign policy on a number of occasions. In most cases therefore, the way Kenya established relations with other countries depended on Moi’s personal wishes. In its foreign policy activities, it must be noted that the president also works with different government departments and ministries to make policies and to ensure the implementation of the same. Foreign affairs ministry is particularly core and has the responsibility to advice the executive especially the president. The foreign affairs ministry’s responsibility is also the execution ministry in consultation with the president. The ministry may for example defend and articulate different policies and represent the president at various forums where foreign issues are discussed and debated and a stand taken on issues although the ultimate prerogative and privilege of initiating, directing and shaping foreign policy remains with the Chief Executive i.e. The President. Through foreign affairs ministry in conjunction with the approval of the president for example, the government of Kenya is free to negotiate treaties and other relations with foreign nations, subject only to the rule of incorporation into domestic law, where such incorporation is necessary. Save in such cases of incorporation into domestic law, there are wide and important areas in foreign affairs where the government is free of legal as opposed to political controls. These includes the declaration of war, the dispatch of armed forces, the annexation of territory, the conclusion of treaties, the accrediting and the reception of diplomats and the recognition of new states and revolutionary governments. All such acts sometimes called “Acts of States” fall within the scope of the prerogative to conduct foreign affairs and are assertions of state sovereignty in International Relations. The foreign affairs ministers who go on record to have played a prominent role during the Kenyatta regime in foreign issues are Njoroge Mungai and Munyua Waiyaki. Njoroge was appointed to the post in 1969 and was instrumental in the promotion of Kenya’s image in the western press. The country was viewed as being moderate and pro-Western and this earned plenty of foreign capital inflows by the end of the 1960s. Even though there may have been other aspects, this image may also have contributed to the location of the United Nations Environmental Programme (UNEP) secretariat in Nairobi, Kenya. This was the first time when the headquarters of a major UN agency was located in Africa. It was also around this time (1974) that Kenya was elected as a non-permanent member of the United Nations Security Council (UNSC). When Munyua Waiyaki succeeded Mungai after the 1974 general elections in Kenya, his approach was a complete departure from the previous conditions and moderate policy pursued by his predecessor. Waiyaki’s policy was more radical. In April 1975 for example, at a special OAU meeting on the future of Southern Africa, Waiyaki’s stance placed Kenya among the radical African states which abhorred dialogue with South Africa. In August 1975 also, Waiyaki showed the power that foreign affairs ministry can have in influencing foreign policy especially when there is approval of the chief executive. In this year, Waiyaki recalled Kenya’s ambassadors and high commissioners for a review of the country’s foreign policy. Even though this is a bi-annual event, the fact that it happened at a time when some new trends of events were emerging in international relations could be interpreted to mean that Waiyaki felt the need to review the country’s foreign policy so as to keep abreast with the changing world events. The new circumstances that came up included the call by the less developed countries (LDCs) for a New International Economic Order (NIEO), the energy crisis, the diminishing role and presence of the USA in the Far East and the state of calmer relations (detente) that was developed between the United States and the Soviet Union. Even though the review exercised did not culminate in a radical foreign policy shift, it demonstrated that Waiyaki was determined to see that Kenya’s role in international affairs was revitalized. It also demonstrated a sense of independent mindedness in the articulation of foreign policy, hence this is one case where a foreign minister acting through the power bestowed on him by virtue of his office, made efforts to re-orientate the country’s foreign policy as he deemed necessary. The other ministries known to influence Kenya’s foreign policy are External Affairs ministry, ministry of trade, ministry of agriculture, communication e.t.c. What is important to note however is that, despite the role that the ministry of foreign affairs together with the above named play in influencing foreign policy and despite the significant role played by significant individuals such as Waiyaki, the president remains the chief prerogative of Kenya’s foreign policy. He is the chief initiator, articulator and director of foreign policy at any forum or platform of his choice. The minister of foreign affairs, like any other minister of state may defend or articulate such a policy and represent the president in various forums where foreign policy issues are discussed and debated and a stand taken on issues, but the ultimate prerogative and privilege of initiating, directing and shaping foreign policy remains with His Excellency the President. The president especially has an upper hand also with the Kenyan public of explaining what the next Kenyan foreign policy will be; he is more likely to be listened to by the people because he is the officially countrywide elected fellow, nationwide consensus is thus more likely to be achieved through the chief executive president. What is to note further is that, the executive alone is placed to secure a national mandate for the country’s foreign policy. This is because the executive, founded on an electoral mandate is the organ which can claim to be responsible to a nation-wide electorate, which is capable of basing policy upon the widest possible agreement or consensus in the nation, and above all, which has its disposal the organization and information necessary for rational action amidst the tremendous complexities of international politics. The ideas of foreign affairs ministry alone or the statements made by the foreign minister without the approval of the chief executive can easily backfire on the said minister. In a situation where the minister articulates foreign policy that contradicts the president’s position for example, such a policy is likely to be frustrated. In 1965 for example, Mr. Murumbi, then Kenya’s foreign minister voted along with other foreign ministers in favor of Kenya and all other African states cutting diplomatic ties with the United Kingdom over the Unilateral Declaration of Independence by the Smith regime in Rhodesia. This was done without consultation with Kenyatta and it also happened that it did not reflect the president’s position. As a result, the foreign minister was compelled to retract his position. In the same year, Murumbi also happened to address the UN General Assembly and accused the United States of America of using Vietnam as a ground for testing newly made weapons and also of being hypocritical when talking about peace while in practice it engaged in military aggression which was a threat to international peace and security. The minister’s speech contradicted an earlier one made by the head of state to diplomatic corps in Nairobi in which he hailed the steps president Johnson had taken to bring the Vietnam question before the UN. Minister Murumbi was then instructed by Kenyatta to call the then U.S Secretary of State, Dean Rusk and make Kenya’s official stand clear. What the above situations show is that, even though the president can delegate the foreign policy making role to the foreign affairs minister and other senior government personalities, he still has the final say over foreign policy. The above analysis however reveals that, the main actor in Kenya’s foreign policy is the president and the other actors within the executive arm are the office of the president composed of the cabinet ministers, high ranking government officials, the president’s relatives and friends and more importantly, the minister of foreign affairs.With the president’s approval or full participation for example, the executive arm can make foreign policy decisions on behalf of the Kenyans. The government or the executive in other words can perfectly and single-handedly determine the direction the policy of Kenya takes. Kenyatta and Murumbi for example go on record for recognizing the People’s Republic of China as the bearer of the seat at the United Nations Security Council and moved ahead to establish cooperative relations with the USSR and her other allies. The executive also has the discretion to act on foreign policy decision, implementation and evaluation process, being believed to be a rational actor, and sometimes can act rationally, or irrationally therefore changing or influencing otherwise the behavior Kenya’s foreign policy might take. THE LEGISLATURE INFLUENCE ON FOREIGN POLICY The legislature is the law making arm of the government. It is a form of deliberative assembly with the power to pass, amend and respect laws. The law created by the legislature is known as the legislature or rather the statutory law. In the parliament form of government, the legislature is considered supreme and appoints a member from its house as the prime minister which acts the executive. The legislature in a presidential system of government is considered a power branch is coequal to independent of both the judiciary and the executive. In addition to enacting laws, the legislature has got exclusive power to raise taxes and adopt the budget and other money bills. The primary components of a legislature are one or more chamber or house assemblies that debate and vote upon bills The legislature also do play important role in the constitution dispensation to ensure better foreign policies. The legislature also is the key organ in foreign policy formulation process, in that it facilitates the formulation process of policy by allowing debates over the kind of policy to be adopted by a country and by the minister of the foreign affairs in particular In many countries also, it is the legislature that, the prescribes in modern days, the foreign policy jurisdiction through carrying out various legislatures, constitutional amendments and at time interpretation including the standing orders The legislature also controls what becomes policy by having controls over the budgetary allocation auditing of funds and though parliament debates. Bugdetory: the legislature is the main arm responsible for the allocation of funds to various departments including the foreign affairs ministry. The legal procedure is that all public expenditure must be authorized by the legislature or its equivalence for example American congress. Before authorization of the use of public funds, the legislature requires that a proposal to be written by the executive on what he/she requires which comes in form of a budget. The budget is thus used as a working document to facilitate debate on public expenditure. In the debate therefore, the legislature can refuse to allocate funds for implementing certain foreign policies. Auditing of funds: The legislature also audit the funds. Once authority is given to utilize public funds, it has to be utilized in the manner provided for by the same legislature i.e funds are located for a specific function and before use it has to be sanctioned by a specific authority. In auditing there is an appointed official in charge of investigating as to whether the expenditure was in line with the objectives of the intended functions. Then he compiles a report of expenditure and presents it to the legislature. The money allocated for specific activities can thus not be diverted by the executive aim to implement foreign policies that are not supported by the legislature and possibility the public. Parliamentary Debates: Through parliamentary debates also, the legislature can question certain policies that the executive wants to undertake. There are several occasions that can bring about public debates. These occasions include: the presidential opening of the legislature or parliament where his speech will contain public and even foreign policies. Another occasion is the budget speech, which provides the services that the government intends to undertake and its expenditure. Besides the speeches, a member of legislature can also contribute on matters of public concerned foreign policy. This gives members an opportunity to support or go against a foreign policy that the state is about to undertake. THE JUDICIARY AS AN ACTOR The judiciary also known as the judicial system or the judicature is the legal system of courts which executes the law in the name of sovereign states. The judiciary also provides for mechanism for the resolution of disputes. Under the doctrine of separation of powers, the judiciary does not actually makes laws which is the responsibility of the legislature, neither does it enforce law which is the responsibility justice is guaranteed to the people. The judiciary also interprets the constitution of country and due to this, what might have easily passed as foreign policy subject the judiciary interpretation might be barred especially if not constitutionally recognized. Many members of the united nation have for example ratified the UN convention against corruption; the UN convention corruption contains an explicit reference to the important relationship between judiciary independence and accountability. It stipulates that “bearing In mind the independence of the judiciary and its crucial role in combating corruption, each state party shall in accordance with the fundamental legal principles of its system and with prejudice to judicial independence, take measures to strengthen integrity and prevent opportunity for corruption among members of the judiciary. Such measures may include rules with respect to the conduct of members of the judiciary These UN conventions got to be interpreted by each country’s judiciary that ensures that they become law. This means that to a large extent these interpretations can impact also on what becomes that country’s foreign policy. As nation states relate with each other therefore they must know how to fight these UN demands into their foreign policies Sometimes also the nation states might try to make foreign policy that contradict the united nation’s convention, when such dilemma occurs then it is the judiciary that is called upon to solve the dilemma The Kenya –Uganda relations Kenya-Uganda relation goes back to the period of colonialism, after independence however the two countries relations like most African countries relations have been marked by conflict and cooperation. Domestically the two countries have been pre-occupied with issues pertaining to national unity, national building the establishment and maintenance of viable economies, political stability and peace. In other quest to achieve the above factors, however the two countries relations have been characterisized by conflict and cooperation The two countries relation are however the result of the following factors economic, political geopolitics geographical, ideological and chaotic political environment in Uganda Economic factor: Kenya –Uganda relation hinge strongly on economics. The economic factors behind the two countries cooperation and conflictual include: 1) Ready markets: Uganda provides Kenya with ready market for its products. Uganda aim for a long time however has been reduce, If not overcome its status of being the economic backyard of Kenya. Economically both Uganda and Tanganyika had long complained about the regional economic imbalance which was heavily weighted in Kenya’s favour following colonialism of the three east African countries. The British colonial policy had deliberately stunted industrial development in Uganda and Tanganyika in order to develop Kenya as an east Africa’s industrial center. Kenya therefore formed the periphery that linked Uganda and Tanganyika with metropolitan Europe and north America (katete orwa 1989).the result was that by 1958 of 474 companies registered in east Africa 404 were in Kenya .Uganda thus provided the market that Kenya need for sell most of its products. That market promoted the cooperation Kenya –Uganda relation, although in other occasions it made Uganda jealous, an attitude that promoted conflict The Uganda market was also the result of the chaotic situation in the country. Before Obote was overthrown Uganda was in good economic shape between 1960 and 1965 for example it had the highest rate of growing of income per head in east Africa. This healthy economy collapsed during Idi Amin’s regime. The gross mismanagement of Uganda economy was however beneficial to Kenya .Kenya capitalized on that economy to run stupendous trade balances against Uganda, in addition to using the economic weapon more frequently in order to solve political problems between the two countries, Kenya especially was making so much profit from Uganda that closing the border could not be done for a long time and would be tantamount to killing the proverbial goose that was laying the golden egg The collapse of Uganda vibrant economy did not happen overnight. It was the result of extravagance and a series of blunders which Amin executed in spite of advice. By around 1974 the economy was so bad that the state marketing boarder could not pay promptly for cash crops which led former to loss enthusiasm which in turn set motion a distinct slump in agriculture product on which the state depended. By 1977, all key agro-based, manufacturing and copper industries were producing far below expectations. By 1977 also tourism which in 1972 attracted 100000 visitors had no visitors at all. Even more marked was the reduction in industrial output. The cumulative effect of this run down of Uganda economy was first the emergence in random of spiraling inflation and a chronic shortage of consumer goods such that during the 1979 OAU heads of states summit in Kampala, Uganda had to import from Kenya such basic items as toilet paper, soap, dental cream dry cell batteries, shoe polish and even razor blades because Uganda had stopped all significant export to Kenya while increasing its import from that country, the two countries trade patterns made a dramatic shift in Kenya’s favour. According to katete orwas( 1989)Uganda economy increasingly become hostage of Kenya Despite promoting cooperation with Uganda the need for market also created conflict between the two countries, the shortage of consumer goods in Uganda engendered a flourishing black market and stupendous smuggling of Uganda coffee by both Kenya and Uganda high official .although Kenya does not grow Robusta coffee for example the available data on Kenya show that country recorded the export of 16000 tons of Robusta coffee in by 1978. The conflict between the two countries was also a result of the nationalization of many companies in Uganda. Amin for example expelled the Asian in 1972 from Uganda, some of whom were Kenyan nationality. Amin also nationalized several foreign companies which included a Kenya enterprise, car and general. The other nationalized companies were consolidated holdings limited which were also Kenyan and had majority shares. Uganda argus news paper ltd and print pale Uganda limited .No amount of Kenya representation, however highly placed could make amin reconsider his decision Need for cooperation/merger: another factor that has contributed to the conflictual cooperative relation between Kenya and Uganda is need for cooperation/merger. Even before 1962 and 1963 when Uganda and Kenya got their independence respectively, both countries had already clashed over British attempts to merge them. As far as back 1899, the British government had instructed sir harry Jonhson the special commission to Uganda to survey the possibilities of federation. Again after World War 1 the undersecretary for colonies, L.S Amery had pushed hard for the union of the two countries because of Uganda’s worry of possible Kenyan dominance. both instances of efforts to merge the two countries failed. There commissions were even formed to help explain why the two countries were at loggerheads. The commission were the ormsby,Gore commission of 1925,the Hilton young commission of 1927. All the three commissions, concluded that although the settler community in Kenya and the European constitutional association in Tanganyika were in favour of the federation. the Africans in Kenya and Uganda were strongly opposed to the ideas Uganda was particularly worried that the radical segregation so suspicion in Kenya could spill over as a result of the union even the parliamentary select committee which Whitehall established could not resolve the impasse The main reason behind the impasse there was the fear in Uganda and Tanganyika that Kenya might subsequently dominate them in the proposed merger part of the controversy hinged on the fact that having grown at the expense of Uganda to a subordinate status for example in 1902 the entire eastern province of Uganda containing large chunks of the “white highlands and extending to include lakes Naivasha, Elememtaita, Nakuru and Baringo had been transfer to Kenya allegedly to centralize the administration of the Uganda railway. In other areas also an amalgamation process involving several activities in both territories had also started postal services (1909)defense(1902),custom(1917).postal and telegraph services (1932)and a joint air services (1937). To top it up, Nairobi was being developed as east Africa’s commercial and industrial center. The favours that Kenya was receiving on behalf of the other two east African countries angered Uganda and even Tanzania. According to Okoth (2010), it become clear to Uganda that the disequilibrium that had been built into the east African economic system could not be merely glossed over by political totalism Distribution of power/ resources: The need for cooperation was further affected by the wrangling over the distribution of power and Kenya’s resources following the amount of investment that the British made in Kenya. The conflict between the two countries started on the issues of distribution of power and resources when finally the three east Africa countries agreed to form the east African community. Before British had set the exact date for Kenya’s independence, the three east Africa leaders namely Milton Obote, Julius Nyarere and Jomo Kenyatta declared in Nairobi on June 5th 1963 that would federate the east Africa states by the end of that year. They set up a working party to draft the federal constitution and after meeting for only two days it announced on every issues. Two months later one of its members, a Ugandan by the name Mr Adoko --------- stated publicly that there was disagreement on the composition and distribution of power in the proposed bi-cameral legislature on citizenship, control of foreign affairs the civil services, the site of the federal capital, ministerial. Agriculture and residual power that is just about everything that was agreed upon by the three leaders In this struggle, Kenya and Tanzania wanted the center to hold more power than the constituent units on the other hand, Uganda wanted a loose decentralized arrangement because of the fear that as the smallest of the three countries it stood the greater risk of being swamped by the others Uganda selfishness also added salt to the wound of the three east Africa countries; Uganda was in the best financial position. Additional its budget was balanced and its high standard of living had already attracted an influence of Kenya immigration worker Uganda was apprehensive that federation could actually unbalance its economy since the ‘spill-over effect so that would allegedly accurate to it and Tanganyika were more imagined than real The position of Kenya’s economy following the European investment in the country was also at the continued contention, Uganda felt that Kenya had been favoured by the British. The two countries complaints had earlier prompted commission under sir Jeremy Riesman to recommend in 1961 the establishment of a distributable pool of revenue to be founded from “a fixed percentage of customs and exercise duties and corate income taxes collected by each of the countries which would supposedly allow some redistribution of income the offset in some degree the benefits derived by Kenya from the common market This proposition was however not fully accepted by Kenya, but in order to please its two neighbours and the international community, the Kenyan leadership reluctantly accepted the redistribution of its colonial investments to patch up matters. Obote, Nyerere and Kenyatta met in Kampala –Uganda in April 1964 and again in Mbale 1965. They agreed that certain major industries should be distributed within the three east Africa countries manufacturer of tyres, radios, Lorries and tracks going to Tanzania. Bicycles and fertilizer went to Uganda while Kenya retained light bulbs. secondly Uganda and Tanzania were permitted to place quotes on several agreed Kenya products (beer, cigarettes, galvanized iron, shoes etc) to protect their nascent industries (Roinchild(ed)1968) Kenya dissatisfaction with the distribution of its investment was not hidden making the euphoria that accompanied the signing of the Kampala-Mbale agreement to be short lived. First Kenya was so bitter at the restriction on inter territorial trade implied in the agreements that it refused to ratify them. In addition and contrary to the letter and spirit of the agreements it announced plans to build its own tyre factory which prompted Tanzania to unilateral slap in port restriction on 14 products of which Kenya manufactured ten. Even more serious, psychologically the three countries made simultaneous decision in June 1965 to establish separate national currencies by now the federation ideas had actually been abandoned Despite the wrangles between the three countries the need for cooperation was not completely abandoned. In order to prevent a total breakdown of the idea of common market the three leaders (Obote, Nyerere, Kenyatta) set up another commission under Kield Philip to suggest new meaningful avenues of economic cooperation. On the basis of in the report of the commission , the three leaders signed the treaty of east African cooperation on June 6 th 1967, whose main feature was the transformation into publics corporation of several services which had hither to been concentrated in Nairobi The headquarters were districted with Kenya retaining east Africa railway and east African airways, Uganda came off with the east Africa posts and telecommunication and the east African development bank while Tanzania took the community headquarter and secretariat and the east African harbor corporation. In addition Uganda and Tanzania were permitted to apply a pre-determinant transfer tax on certain Kenya goods to encourage location of new industries in these countries. Despite the establishment of east African community treaty however, the community benefits continued to be disproportionately shared, Kenya was still accumulating large trade balance against Uganda and Tanzania making the conflict to continue. From the beginning therefore, Kenya knew that treaty would breed problems hence when the provisions of the treaty seemed to conflict with Kenya’s development objectives they were violated altogether by 1970 therefore relations between Kenya and Uganda had cooled considerably. Uganda territorial claims on Kenya: This is another factor that here contributed to the conflictual relation between Kenya and Uganda. In the year 1975 the conflictual relation between Kenya and Uganda were strongly brewing over Idi Amin’s claim on Kenya territory. In that year Kenya press continued its relentless attack on Idi Amin. To get out of this difficult Amin decision on a confrontation with Kenya. In February 1976, Amin pointed out in deliberately proactive radio broadcast to that large tract of land in Kenya form western Kenya to rift valley and loudly wondering whether people living in that region would want to remain part of Kenya, a statement that made Kenya’s president Mzee Jomo Kenyatta very angry. Kenyans were so alarmed that they closed the border on February 23rd stopped the handling and transporting of Uganda goods and gave Amin 48 hours to apologize. to the Kenyan people’s surprise Amin relented almost immediately and urgently sought for normalization of relations with Kenya. Even more surprising, Kenya quickly reopened the border on February 30th and ended the boycott on March 3rd. according to Okoth Kenya’s guide to respond to reopen the border was influenced by the amount of profit the country was making out of Uganda and closing of the border was tantamount to killing the proverbial goose that laying the golden egg. Migingo: more territorial claims by the Uganda government have been over the Kenya island of Migingo. The controversy over the ownership of this island came to the fore no march 2009. Both Kenya and Uganda claimed the rocky island of no more than a hectare. There were reckless talks especially by politician both in Kenya and Uganda which amounted to a call for war between the two countries over the ownership of the Migingo Island. The demands made by some Kenyan politician include the mobilization of the Kenya navy to take over the island and defend it from Uganda invasion. Various factors explain the Uganda claim over Migingo. According to P.G okoth (2010), Migingo is not a mere rock, wealth abounds around it in the form of fish. It is therefore clear that control of this bounty is at the heart of the international exchange of verbal artillery. Moreover, in case of confrontation , the island itself can serve as Gibrator has done for Spain and England providing exceedingly handy as landing place a place for loading , unloading and reloading combatants as the war progresses if in case it broke out President Museveni angered the Kenya mps when in an interview with the British Broadcasing Corporation (BBC), made a reference to “mad jaluos” and appeared to concede that whereas the island might be in Kenya the surrounding waters were in Uganda. Despite the conflict, Kenya leadership quickly worked on improving the relation with Uganda and verse versa. The east Africa community is important to the two countries, making both Kenya and Uganda to be able to gain more from united region than picking unreasonable fight in the name of protecting territorial integrity. According to Okoth Kenya and Uganda realized that the Migingo dispute would be too costly for both Kenya and Uganda. CHAOTIC POLITICAL ENVIRONMENT IN UGANDA Despite the conflict characterizes Kenya Uganda relation especially on the issue of economic cooperation. Things improved when Idi Amin took power in Uganda. According to P.G Okoth (2010) while Tanzania had refused to recognize Amin’s regime and chose to give asylum to obote habour train and arm anti-Amin rebels, Kenya kept clear of the quarrel claiming that it recognized states and not governments Kenya and Uganda, thus had a good start when general idi Amin came to power. Through Kenya therefore Amin got regional recognition he coveted so much and the Kenyans got Obote off their mind given the nature of conflict that characterized the two countries’ relation when Obote was Uganda’s president for about two years therefore after Amin took the leadership of Uganda the two countries had cordial relations. The temporary warm relation between Kenya and Uganda were however the result of the following factors (1) Uganda vulnerability: Uganda was conscious of the vulnerability to a possible blockage by Kenya if Uganda tried to antagonize Kenya (2) Kenya realized that it was also depending on Uganda as Uganda provide a vital outlet for Kenya export and ______.in 1971 for example Kenya exported kshs 19.1 million worth of goods to Uganda compared with kshs 78.8 million to extra east African markets (D.W Nadudere(1981) (3) For a long time also Kenya had been dependent on Uganda for one third of its total electricity power consumption. In the year 1970 for example available data on Kenya shows that out of total consumption of 760.163.00 kwh of electricity 512943 kwh were domestically generated and 220,000 kwh were imported from Uganda(Kenya economic survey 1971 pg 166) (4) For more than two years after Amin coup, there were at least 100,000 Kenya migrants’ workers predominantly of the luo origin in Uganda. These workers could either expelled or held hostage in event of a serious conflict with Kenya. According to Samuel Makinda the dependence between Kenya and Uganda was complementary, the two countries needed each other especially in terms of economic development Tension between Kenya and Uganda following the chaos in Uganda first surfaced in 1973 after the security situation broke down. The tension was brought about by (1) The disappearance of Kenyans in uganda (2) Expulsion of Kenya immigrants from Uganda (3) Nationalization of Kenya related companies/industries Several Kenyan employees of the east Africa community had disappeared. Amin response to the concern in Nairobi was to accuse the luos in Uganda of colluding with Obote to destabilize Uganda almost of the same time, Uganda foreign minister Wanume Kibedi flew to Kenya with a special message for president Kenyatta and Amin met luo representatives in Kampala to assure them of their safety. After the diplomatic visit and exchange the two countries relations become cozy again Following the humiliation Amin suffered following his territorial claims on Kenya’s land deliberates harassment of Kenyans started culminating in the death of a Kenyan student at Makerere University. The following month Uganda troops killed 5 Kenyans at Kapenguria, inside Kenya and escaped back to Uganda with herd of cattle. More seriously in may two Ugandan helicopters carrying 17 solders landed inside Kenya, the pilot claiming they had run out of fuel. The Kenya became suspicious, particularly after a military spokesman in Kampala said that the real reason was bad weather. After this a services of accusation led to readily rising tempers until June when a Uganda police post at the border was attacked probably as Kenya said by cattle rustlers. The military convinced otherwise and they announced that henceforth Uganda troops had been instructed to destroy complexly any aggression from Kenya. Expulsion of Kenya migrants: the security situation in Uganda continued to worsen to the extent that , by 1975 thousand of Ugandan had on ready fled into exile, including Wanume Kibedi himself and the minister for finance Emmanuel Wakweya. Obote however, annoyed the Kenyan leadership by scuttling the federation talks in 1963, expelling thousand of Kenya migrant workers in Uganda in 1966 and 1970. The president of Uganda also nationalized several companies, some of which were Kenyan based in his socialist drive of 1969 -1970 or what is commonly referred to as the common man’s charter. It is hardly surprising therefore that Idi Amin’s coup of January 25th 1971 as received in Kenya and Kenyan government preventing Obote from getting back into Uganda from Singapore, to recognize his troops for a counter- coup The Entebbe raid by Israelis: the conflictual between Kenya and Uganda was also worsen by Uganda’s accusation that Kenya had given support to the Israelis’ who raided Entebbe. Amin suspected Kenya of complicity with the Israelis’. The fact that fuel and medical facilities where readily available for the Israelis in Kenya at Embakasi airport made the Kenyan protestation of innocence highly suspicious. Uganda immediately action was to accuse Kenya of conspiracy at the united nation and the organization of African unity (OAU)and to mobilize and ring the alarm bells in Washington D.C. whining days Libya and Somalia announced that they would support Uganda in case of attack. In response, the United States of America sent a frigate to Mombasa ordered six of the 7 th fleet battleships into the Indian Ocean and provide at least reconnaissance a substantial contingent of arms to Kenya. By the late 1970’s therefore the conflict between Kenya and Uganda had been internationalized Blockades: To Kenya’s surprise, without a warning, Amin sent a telegram to Kenyatta on July 21st asking for normalization of relations. This call was due to the fact that Kenya had affected the blockade and road links with Uganda had been cut and supplies especially of fuel could not get through Uganda’s transport system was dislocated to the extent that it was promoted to seize 30 oil tanks in transit to Rwanda Zaire and Sudan. Although the OAU intervened and secretary general Mr. William Etelsi took personal charge of the mediation efforts, Kenya set even stiff conditions which Uganda had to satisfy, including payment in cash for all products and purchased from Kenya, early in august, Uganda signed” a memorandum of understanding “in Nairobi virtually accepted all of the Kenyan demands and condition for doing business with Uganda Sales of weapon: more conflict between Kenya and Uganda was triggered by the weapon sold to Uganda by the Soviet Union. In September 1975, Uganda signed a new agreement with the USSR for the purchase of wide range of military hardware and some long-range military aircrafts prompting Kenya to express concern to the Soviet Union’s embassy in Nairobi. When in October 1975, Uganda commissioned two new squadrons of soviet supplies mig-17s and mig 21s fighter aircrafts, Kenya panicked and requested to United States to urgently supply it with jet fighter and interceptors. President jimmy carter agreed and announced in Washington D.C in March, that the USA would provide Kenya with f-s fighter aircrafts and because the USSR had supplied arms to other African countries a regional arms race which had started several years, now went into top gear. Amin’s overthrown: the relationship between Kenya and Uganda however improved when Idi Amin was overthrown. Even though Kenya had managed to have both cooperative and conflictual relations with Uganda under Idi AMin’s rule, Okoth notes that things changed immediately Anim was overthrown. On the very day Tanzania captured Kampala on April 11th 1979 ---------- vessel “a stor” carrying 10 Soviets tanks and 150 tons of ammunitions destined for Kampala was blocked. Kenya refused the consignment to proceed claiming that it was strictly observed the international law of neutrality. The “stor” then proceeded to Durban where the South African government confiscated the cargo. This bold steps that Kenya made after Idi Amin, made it to start well with Y.K Lule’s government. Shortly after becoming the prime minister the Lule’s government Oteno Alimadi traveled to Nairobi for talks on reviving the bilateral relations. Kenya responded favorably by providing Uganda with generous economic assistance and by accepting to extradite several fugitives of Amin’s government wanted in Uganda. This new accord from Nairobi was based on the assumption that lule and many of his cabinet ministers were antiTanzanian socialism and anti Obote. Two months later however lule was toppled and replaced by Godfrey Bineisa, whose government was not so welcomed by Nairobi bringing about a sharp exchange between Kampala and Nairobi, after when using the pretox of an armed robbery in Nairobi suburb, Kenya rounded up 4000 Ugandans and dumped them at the border. Tension between Kenya and Uganda build further leading to a temporary closure of the border in October 1979. Buneisa did not last long either he was overthrown by pro-Obote government led by Paul Muwanga. Conflict rose between Kenya and Uganda government with Muwanga claiming that Kenya was secretly training some Uganda in guerrilla warfare. This prompted Kenya to close its border holding up Uganda bond Vail tanker and preventing Uganda coffee from crossing into Kenya When Museveni come to power, his regime was at first hostile Kenya. The two governments started on December 10th 1987 with armed shooting at Busia. Addressing diplomats and journalist at the state house –Entebe over the Uganda /Kenya border violence, Museveni warned that Uganda would take appropriate measures if Kenyan security force did not stop firing at Ugandan troops, civilians and territory On Moi’s part, he accused Uganda of “interfering in Kenya’s internal affairs. He also alleged that 20000 so Kenyan children had been taken to Libya for military training through Uganda where they were issued with passports. Moi further claimed that Uganda was engaging in destabilizing Kenya and concluded by calling the Kenyan people to be ready to fight the enemy. The tense border situation had fuel rationing in Uganda, to Kenya sealing off its border and to food shortage on both sides of the border. It was not until the two presidents went on December 28th at Malaba that the conflict was resolved with the launch of the east African community. However Kenya-Uganda relations improved until Uganda claim on Migingo in 2009. Geopolitics/geographical location: Geopolitical location of Kenya and Uganda also influenced the nature of their relations. Due to the fact that Uganda is landlocked and therefore has to depend on Kenya for its international trade out, let Kenya had for a long time taken advantage of this to constantly threaten Uganda with economic blockade. Uganda has thus attempted to find an alternative outlet, but with difficult. Even if Uganda was to find a paramount alternative root, Kenya would not be happy because this would mean losing a substantial amount of charge on the handling and transportation of Uganda goods. Kenya thus closes its border conflict only if its security is seriously compromised. Even during the chaotic years in Uganda, Kenya hardly closed the border and when it did it never lasted long. Most of Kenya’s goods to the rest of eastern region, Rwanda, Burundi and even to central Africa mostly pass through Uganda. Hence even Kenya cannot afford to lose trade in those regions. The conflicts thus, worsen when each of the countries tries to close the border, but at time the threat to close also improves the two countries relations. Ideological differences: another factor that explains the conflict relations between Kenya and Uganda is ideology. The late 1960s saw increasing ideological rift between Kenya and Uganda and also with Tanzania. The same period also witnessed leftist developments in Somalia and Sudan. This ideological change in eastern Africa convinced the Kenyan leadership that the Kenyan state was in constant danger of socialist encroachment. Because Kenya and Tanzania had for a long time been competitors for regional dominance, the coming closer of Uganda and Tanzania often displeased Kenya in two major ways (1) In Kenya’s eyes this would complete the so called east African “socialist circuit” (2) Such a development has both economic and military implications which would tilt east African balance of power in favour of Tanzania This explains the constant alarm I Nairobi whenever Uganda and Tanzania appeared to be moving closer to each other especially under Obote and Nyarere’s leadership.with the end of cold war and the changes that have taken place in Tanzania (both of Nyerere turn to the capitalist system) however ideological differences between Kenya and Uganda and even Tanzania no longer exists and hence not key in determining the nature of the two countries’ relations