Abstract

In literal terms, the constitution of Kenya does not define Kenya as a federal nation or a federation. In this study however, I examine the federal structure of the Kenyan government under the Constitution of Kenya 2010 in comparison with that of the Federal Republic of Ethiopia. The study focuses on the constitutive criteria of a federal state as examined against Watts’ variations in federations.† The first part of the paper distinguishes or draws similarities between countries like Kenya on one hand which are not federations in their constitutional definitions and countries like Ethiopia on the other hand which are well defined in their constitutions as federations. In answering the big questions, ‘what is federalism’? the paper draws a line between quasi federal states and defacto federal states. While maintaining the theme of what drives the definition of a federal state, the second part of the paper delves into the formations of decentralized  countries of Kenya and Ethiopia. Being driven by pre- and post-independence politics in Kenya, the paper further examines the regional governments under the Independence constitution and the defining constitutional changes that abolished regionalism while comparing the text with the historical development of ethnic federalism in Ethiopia. Thirdly, the paper focuses on elements of self-rule as compared with elements of shared rule which are defining components of federations. Besides focusing on the comparator, Ethiopia, Kenya’s regionalism under the independence constitution is compared to devolution under the Constitution of Kenya 2010. Fourth, a key aspect of federalism is revenue and expenditure. This highlight on fiscal federalism while drawing basic assumptions from two scenarios. On one hand are countries where taxes are collected and put in a national revenue fund out of which each level is paid according to its expenditure needs whereas on the other hand are countries where taxes are assigned to various levels of government allowing them to cover their expenses. The main goal is economic equilibrium. While drawing a conclusion that Kenya meets the criteria set by Watts in typologies of federalism, this paper concludes by demystifying the thorny issue of secession as a radical solution in federations where conflicts are not solved between the levels of government.

Keywords: BRICS, G7, Global crisis, Geopolitics, Geostrategic competition, NATO, Soft lie diplomacy, Taiwan, Ukraine