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A HANDBOOK

FOR
CIVIC
EDUCATION

COUNTY GOVERNANCE AND


CITIZENS
PARTICIPATION

GOVERNMENT
OF
MAKUENI
COUNTY

A publication of
Republic of Kenya

Government of Makueni
County
Department of Education and Civic
Education
P.O box 78 90300
Makueni
Website: www.makueni.go.ke
Email:
education@makueni.go.ke

Acknowledgements
We thank the Governor of Makueni County Hon. Prof Kivutha Kibwana
and the Deputy
Governor Hon. Ms Adelina Mwau for ensuring that the County embarks on
civic education as a
way of ensuring that all citizens in the County understand and appreciate
the new form of
government towards their development.
We also thank the team that was engaged from the start to initiate a draft
and those who went
for a 3 day retreat to restructure, reconceptualize and refine the
original document with
enthusiasm and zeal. The team of Anthonny Ndolo, Julius Musyoka, Joyce
Mulu, John Sila,
Dominic Maingi, Dorothy Mutie, Mr Kimilu, Veronica lekopole, Tom Mutuse,
Eric Kilindi, Joseph
Katumo, Paul Mwaura under the leadership of Musau Wetheo did a
commendable job. They
deliberately worked to link every topic with the behavioral analysis of what
goes on, not only in
Makueni County but almost in the entire Ukambani region, if not the entire
Kenyan nation. All
your inputs and insights through the facilitator of the process were
thoughtful, incisive, focused
and linked to what needs to be changed in the County for an individual and
collective peoples
development.
Last but not least, to the Civic Educators in the County and those who could
not make to these
initial stages of developing the Handbook; this is just a start of a long
journey towards an
informed Makueni. Therefore your positive critique and inputs into the
Handbook will be highly
welcome as development starts to take shape with, by and for the people.
Feel free to share
your comments and inputs through the right County Government
channels, especially the

County Education and Civic Education Department.


To you all, civic education is a journey towards the Makueni County we need,
the Ukambani we
desire and the Kenya we deserve. Your invaluable commitment
towards this is well
appreciated.

Kawive, Wambua
County Executive Secretary
Education and Civic Education Department
Government of Makueni County

Foreword
Having desired to see development happen in Makueni for many years, we
appreciate that it is a
process of making informed decisions and choices individually and collectively.
Without information
people make misguided and misinformed decisions and choices and end up not
realizing their dreams of
development.
Appreciation goes to the Department of County Education and Civic Education to
make sure that its
citizenry make informed decisions and choices on issues related to the
governance of their affairs and
eventual development. This Handbook provides an avenue through civic
education, which is a vehicle
and a vital tool towards ensuring that timely information is gathered, shared
and disseminated to
individuals and groups to enable them make these informed decisions and choices
for development to
happen.
Citizens participation is a key pillar of Devolution. Gone are the times that
anyone would say
tunaombaserikali. This happened when decisions were centralized and
bureaucratic to the extent that
we, as citizens, did not know how government works and did not participate in
making decisions.
Time has come now for citizens to decide on development projects they want,
ensure that these
projects are allocated money, and participate in the actual implementation of the
projects. For this to
happen, all citizens must become their brothers and sisters keepers. It is the
business of citizens to find
out how much money was allocated for what project, and how the project will be
implemented.
The leaders that we have must of necessity become our servants. For
devolution to work, the
Mheshimiwa concept as was used in the past to mean that the person called
Mheshimiwa made

all decisions and then we followed; to mean that if you did not know or see a
Mheshimiwa your
matter/needs/projects would not be met or done has to be done away with. We
must all collaborate
and work together. It is the responsibility of citizens; everywhere they are, to
ensure that there is good
governance and therefore O kilanyumba, kalila!
As a Government, we commit to ensure continuous engagement with the people
in their respective
areas and to collaborate with the National Government under the principles
of distinctiveness,
cooperation and oversight. We believe that if decision making processes are
strengthened, the people of
Makueni can emerge as winners who are able to defend their livelihoods. This
therefore calls for us to
go through a process of behaviour change that will enable us to participate
effectively in governance.

God Bless you, God Bless Makueni.


3

H. E Prof. KivuthaKibwana
AdelinaMwau

H.E Ms.

Governor Makueni County


Governor, Makueni

Deputy

A Note to the User


This Handbook is a component of a continuous package of materials for
the Department of
County Education and Civic Education of the Government of Makueni
County. The Handbook is
meant to inform and create discussions around livelihood issues within the
County as well as
create avenues for continuous dialogue of the developmental process in the
County that must
involve all Makuenians towards change of behavior, attitudes and
perceptions on issues many
of us take to granted yet they touch on our individual and collective lives.
This Handbook targets all people, all generations, individuals and groups
in the County who
intend to inform themselves of some of the critical areas that the people
should know about
their daily lives in relation to civic education, understanding the constitution
and its place in our
daily lives, the land questions and the natural resources around us,
the Bill of Rights,
understanding the County Government and its relation to the National
Government, public
finance and budgeting process.
As the first such Handbook, it will have various versions to enable the
user to have an
interactive and friendly use. It provides practical case studies which are
relevant in Makueni
County, asks key questions to provoke the mind of the reader and also
outlines elements of
training methodology, instructions and tips for the trainers, additional
exercises and sample
training tools that can be used to deliver civic education in communities
and groups. The

Handbook is useful to all those engaged as civic education providers in the


County.
The Handbook users interested in obtaining copies should contact the
Department of County
Education and Civic Education of the Government of Makueni County.
Material contained in this Handbook may be freely quoted or reprinted,
provided credit is
accorded and given to the Department of County Education and Civic
Education, Office of the
Governor, Makueni County.

Table of Contents
Acknowledgements.......................................................................................................
................................2
Foreword.......................................................................................................................
................................3
A Note to the User
......................................................................................................................................
..4
Vision............................................................................................................................
.................................9
Mission..........................................................................................................................
................................9
Core
Value.............................................................................................................................
........................9
Objectives of this
Handbook.....................................................................................................................
....9
PART 1: THE ROLE AND PURPOSE OF CIVIC
EDUCATION............................................................................10
Introduction ..............................................................................................................
..............................10
The purpose and principles of civic
education .......................................................................................11
Aims of civic education
...........................................................................................................................11
Importance of civic
education ................................................................................................................11
Summary on Importance of Civic
Education...........................................................................................12
Mobilizing Communities for Civic Education
..........................................................................................13
Delivery
Methodologies..............................................................................................................
............15
Evaluation .................................................................................................................
..............................15
PART 2: UNDERSTANDING THE CONSTITUTION AND CONSTITUTIONALISM
.............................................17
Introduction ..............................................................................................................
..............................17

Purpose .....................................................................................................................
..............................17
Objectives .................................................................................................................
..............................17
Section A: What is a
Constitution? .........................................................................................................17
Brief History of Constitution making and Reforms in Kenya
..............................................................17
Significance of the Constitution and why
Constitutionalism..............................................................19
Section B: Overview of the
Constitution.................................................................................................21
Interpreting the
Constitution..............................................................................................................24
Amendment of the
Constitution.........................................................................................................24
Section C: Nationhood
............................................................................................................................24
Elements of Kenyan Nationhood
........................................................................................................25
PART 3: UNDERSTANDING THE COUNTY
GOVERNMENT ...........................................................................26
Introduction ..............................................................................................................
..............................26
Purpose .....................................................................................................................
..............................27
5

Objectives .................................................................................................................
..............................27
Section A: The County
Executive ............................................................................................................27
The Structure of County Government
....................................................................................................30
Makueni County Departments and their Mandate
................................................................................31
The County Public Service Board
(CPSB).................................................................................................32
Section B: The County Assembly
(CA) .....................................................................................................33
Qualifications of County Assembly
members .....................................................................................34
Role of County Assembly
....................................................................................................................34
Role of the Member of County
Assembly...........................................................................................34
County Assembly Committees
............................................................................................................35
County Assembly Service
Board..........................................................................................................35
Section C: The role of the Senate and the National Assembly in County
Governance...........................36
The Role of the National Assembly under Article 95
..........................................................................37
Section D: The relationship between the National Government and County
Government...................39
Intergovernmental Structures
............................................................................................................39
Delivery of Public Services
..................................................................................................................41
PART 4: LAND RESOURCES AND THE
ENVIRONMENT.................................................................................43
Introduction ..............................................................................................................
..............................43
Purpose .....................................................................................................................
..............................43
Objectives .................................................................................................................
..............................43

Section A: Classification of Land ownership in


Kenya.............................................................................44
Section B: The National land Commission and its role
...........................................................................44
Section C: Gender, Youth and Land
issues..............................................................................................45
Section D: Land, environment and natural resource disputes, conflicts and
resolutions ......................45
The
Environment.................................................................................................................
................46
PART 5: THE BILL OF RIGHTS
.......................................................................................................................47
Introduction ..............................................................................................................
..............................47
Purpose .....................................................................................................................
..............................47
Objectives .................................................................................................................
..............................47
Section A: What are human rights?
........................................................................................................47
Key Principles of human
rights............................................................................................................48
Section B: An Overview on the Bill of Rights
..........................................................................................49
6

Section C: Limitations of
Rights ..............................................................................................................50
Section D: Institutions involved in human rights protection
..................................................................50
Section E: The role of the individual, community and county government in
protecting human rights50
Methods to protect human
rights ......................................................................................................51
PART 6: PUBLIC FINANCE AND BUDGETING
...............................................................................................52
Introduction ..............................................................................................................
..............................52
Purpose .....................................................................................................................
..............................52
Objectives .................................................................................................................
..............................52
Section A: Public finance, sharing of revenue, borrowing and
grants....................................................52
Section B: Principles of Taxation and Local Revenue Sources
................................................................53
Section C: County planning and
budgeting.............................................................................................54
Institutions involved in budgeting process
...........................................................................................55
Section D: Expenditure control and
oversights ......................................................................................56
Oversight role of the County Assembly
..............................................................................................56
PART 7: COMMUNITY MOBILISATION AND ORGANISING FOR
CHANGE....................................................57
Introduction ..............................................................................................................
..............................57
Purpose .....................................................................................................................
..............................57
Objectives .................................................................................................................
..............................57
Section A: Defining and Identification of the Societys Development Issues and
Challenges................57
Section B: Solution Seeking through Community Mobilization and organizational
skills ......................59

PART 8: PUBLIC PARTICIPATION IN DEVELOPMENT


...................................................................................63
Introduction ..............................................................................................................
..............................63
Purpose .....................................................................................................................
..............................63
Objectives .................................................................................................................
..............................63
Section A: Understanding Public Participation
.......................................................................................63
Section B: Principles and Values of Public
Participation.........................................................................64
Section C: Approaches, Techniques and Benefits of an Effective Public Participation
..........................65
Section D: Some Areas that Demand Effective Public
Participation.......................................................67
PART 9: LAWS GOVERNING AND RELATING TO DEVOLVED SYSTEM OF GOVERNMENT
...........................69
Introduction ..............................................................................................................
..............................69
Purpose .....................................................................................................................
..............................69
Objectives .................................................................................................................
..............................69
7

The Laws Supporting County Governments


...........................................................................................69
Glossary........................................................................................................................
...............................75
References ...................................................................................................................
...............................76

Vision
A County where resources are sustainably harnessed and equitably shared
for the benefit of
every household O KilaNyumba, Kalila.
Mission
To engage all stakeholders in Makueni County in harnessing and
governance of resources in a
cost effective way for betterment of their lives through;
identification of behaviours and analysis for participatory change and
empowerment
civic education and sensitization
sustainable mobilization for informed public participation
Core Value
Integrity
Transparency
Accountability
Good governance
Competence
Respect for all
Fairness and Equity
Public participation
Objectives of this Handbook
To have an informed citizenry who actively and responsibly
participate in governance
affairs of the County
To transform behaviour, attitudes and enhance skills and
knowledge towards
sustainable livelihoods
To have an empowered citizenry exercising their rights with
responsibility and
accountability
To ensure transparent, accountable, effective and efficient
county government

institutions in service delivery

PART 1: THE ROLE AND PURPOSE OF CIVIC EDUCATION


Introduction
What does civic education mean to you?
What role does it play in development?
How does it benefit you as a person?
Human beings are endowed with different skills, knowledge and abilities.
Because of these
differences, they act, behave and analyze issues, conditions and situations
in different ways.
They make their decisions and choices based on what they have gone
through as their
experiences, what has influenced them and the environment they live in.
They also react to
these issues, conditions and situations differently and they may be
influenced by factors
beyond their control.
Due to this, learning together and sharing experiences and knowledge
becomes inevitable
particularly when it comes to matters related to public, public affairs and
provision of public
goods and services. Civic education therefore provides avenues for this
collective learning on
matters related to the public leadership, management, delivery of goods
and services.
Civic education in a democracy is education in selfgovernment where
citizens are actively
involved in their own governance. They do not just passively accept the
dictums of others or
acquiesce to the demands of others. It is a form of nonformal, formal and
informal education
which facilitates the acquisition of knowledge, skills, attitudes and
general awareness for
citizens to play their role effectively and efficiently in the development of
their society.
Civic education aims at imparting knowledge and skills that are
necessary for effective

participation in the community, government and politics. It does not lead to


an examination but
deals with issues of concern to the ordinary people of Kenya or a
Country, based on their
circumstances, conditions and situations. The end result of civic
education should be that
people are better informed and better equipped to take part in civic life as
individuals, groups,
associations or even cooperatives for it enables the members to learn
together for collective
development of their entity.
In this case, this Handbook on Civic Education is meant to equip the
people of Makueni with
information and knowledge to make informed decisions and choices, and
take effective part in
civic affairs of their County.

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The purpose and principles of civic education


Civic education is meant to promote understanding of the ideals of
democracy and a reasoned
commitment to the values and principles of democracy. It is meant to
answer how civic life,
politics and government connect with each other while understanding the
foundations of a
societys political system. Many of these aspects have been established
by the Constitution
which embodies the purposes, values and principles of Kenyan democracy.
Civic education also helps one to understand the relationship of their
society to other nations
and to world affairs and what roles the citizens can play to advance
their society and
democracy with civic knowledge.
In Kenya, civic education is provided for in the County Governments Act
2012, Articles 98, 99,
100 to advance understanding of governance at the national and county
levels. It is intended to
promote empowerment and enlightenment of citizens on governance affairs,
ensure continual
and systemic engagement of citizens with their government, and entrench
values and principles
of good governance with quality leadership including at the County
Governments.
All these guarantee citizen participation in a democratic society, which
must be based on
information, critical reflection, understanding and acceptance of the rights
and responsibilities.
Some of the values and principles of civic education include;
Freedom to express ones views and opinions,
Transparency in all transactions that involve civic education activities,
Active public participation for all those involved in sharing of
experiences,
Responsiveness and respect of views of others,
Accountability of ones actions, duties, obligations and responsibilities,
Empowerment through knowledge, skills, information, ideas,

experiences among others,


Nondiscrimination and equality of all citizens
Aims of civic education
To sustain active citizen engagement in development of Makueni
County
To improve understanding, appreciation for meaningful
operationalization of the County
Government systems
To inculcate a culture of responsibility and rule of law
To change attitudes and behavior amongst citizens involved
To stimulate and consolidate democratic ideals
Importance of civic education
Case Study:
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At School XYZ, a parent took position that he could not attend any other
school meeting
because once he asks questions on the accountability around the Free
Primary Education Fund;
his children are always chased from the School. He was concerned of the
situation and he could
not find answers as to why they were always sent home. He therefore
opted to leave the
matter to his wife to be attending the meetings. This kept on haunting him
with no answers and
alternatives.
What do you think was
happening in this
school?

Are there similar cases in


your
area? Give examples.
How could this case have
been
handled?

Why was this


happening?
Who do you think was
mostly affected in this
matter and why?

What was the reaction of


the
other parents in the School?

Where else could the parent have sought


redress?
If it were you, what could you have done

Summary on Importance of Civic Education


It helps people to have a better understanding of their concerns,
living conditions and
situations
What
else
do youpeople
think istothe
importance
civic education
to you,intorelation
the
It
enables
make
informedofdecisions
and choices
group
or association
to their
socio
you belong,
the community
belong,
the business and business people
economic,
political andyou
cultural
affairs
you relate with, the
It empowers people to exercise their rights and roles with
farmers and workers you relate with, or the society you belong?
responsibilities
It equips people with the right information to demystify misinformation
for sustainable
change and development

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Mobilizing Communities for Civic Education


Civic education is important for the development of civic competence
among citizens. As such,
citizens have to be mobilized to participate in civic education initiatives.
Citizens mobilization is
an art, and if this goes wrong at the beginning, the effort will be
wasted. Here are some
guidelines
DOS
o Involve key stakeholders of the community
o Respect the cultural and religious sensitivities
o Be prepared
o Know your content
o Be flexible to adjustments in the work plan and intended activities
o Recruit residents of the target community to aid with the various
tasks, including
facilitation
o Use local resources for meetings
o Use community spaces, events etc.
o Employ locally, buy locally
DONTS
o Plan meetings on religious observation days. I.e. Sunday worshipping
Christians, SDAs,
Muslims etc.
o Avoid importing trainers, skills and services
o Dont antagonise existing leadership/authority lines/protocols
o Dont be officious and obscure in your dealings
For civic education to be effective, it should;
Be nondiscriminatory in nature. Civic education should be open to all
people. This is a
key human rights requirement and means that one should
understand his/her
participants, their concerns and interests. Their mix in terms of
gender, age, locality and
region, cultural orientations and educational levels should not be a
hindrance to their

participation. Those who are mobilized for any civic education activity
should therefore
have common interests and issues of concern.
Be conducted in a participatory manner to arouse interests and make
relevance to the
participants. Since it is a learning process, it should take place in an
environment where
the participants feel free to express their views, question issues and
seek answers to

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concerns. The learning has to be experiential, that is, drawing on the


experiences of the
participants while sharing ideas, viewpoints and opinions.
Have accessible venue. It is advisable for one to look for an appropriate
venue which can
accommodate the anticipated size of the group mobilized. The
venue should be
accessible to all including persons with disabilities (PWDs). Also one
should ensure that
security is guaranteed and that the necessary facilities are
provided for effective
learning.
Have well planned time frame with consideration of various elements
such as weather.
The time to conduct a civic education activity should be well set out
and participants
informed in time for them to prepare adequately. That is, the
participants must be
informed of the date and time of the activity. The possible time when
the event shall
start and when it will come to an end. Also civic education activities
planned during the
busy seasons of the year, like rainy season in Ukambani might not yield
much as many of
the participants are busy in their farms. During holidays the activities
may be effective
for different professions such as teachers who have closed
schools. So various
considerations should be taken into account.
Be adequately mobilized for. One should make sure that he or
she contacts the
participants well enough by ensuring that they have received the
right information
during invitation and what the civic education activity is meant to
realize in terms of
results (outputs). For instance, in a village, one weeks notice and
above can work well
with effective reminders.
Have the necessary materials for effective delivery. One should plan
for the resource he
or she needs to conduct the civic education activity. These
might include the

programmes covering the topics to cover, stationery, audiovisual


equipment, flipcharts,
felt pens, writing materials, pictorials and handouts, the trainers,
facilitators or experts
and their fee if any among other items. He or she should arrange
these properly while
ensuring that they are in working order.
Have clear budget .One should take note of any financial needs such as
transport for the
participants and whether meals will be covered or not including their
contingency. For
civic education activities undertaken in villages or at homes, financial
needs might be
minimal. These are very effective for the sharing of experiences is
based on what many
in the village know and the solutions they require. However, one
should know whether
they need extra financing and the sources of these finances especially
if the participants
are leaving their villages or homes and factor issues such as
transport, meals and
accommodation.
Therefore, participants, venues, finances, time and timing, physical and
interpersonal factors,
and materials should all be taken into consideration for an effective civic
education activity.
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Delivery Methodologies
Which ways do you think civic education can be delivered effectively??
There are various delivery methodologies applied in conducting civic
education. These might
depend on the time allocated, the participants and their level of
information, the needs the
civic education is meant to serve, the financial resources allocated among
other issues. Some
of the delivery methodologies include;
Workshops,
Focused Group Discussions (FGDs),
Theatre,
Songs and dances
Role play,
Debate,
Media including social media,
Poems,
Lectures,
Public Barazas,
Use of resource persons,
Brain storming,
Questions and answers,
Case studies,
Experience sharing,
Which other delivery methods do you think can be used to deliver civic
Use especially
of successfor
stories
education
the children, youths, persons with disabilities etc?

Evaluation
At the end of civic education sessions, it is important to assess and know
how the participants
understood the sessions and topics you took them through. This can be
done through various
forms including;
asking the participants what they have learnt;
what they have liked or disliked in the civic education session;

which areas need improvement in the civic education content;


what role they would play after the civic education activity;
how they intend to pass or disseminate the message or information
acquired;
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which areas and aspects they would change due to the civic
education intervention
among others
Important
This session is meant to assess the understanding of the participants on
what you have taken
them through and their actions after the activity especially towards change
of behaviours and

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PART 2: UNDERSTANDING THE CONSTITUTION AND


CONSTITUTIONALISM
Introduction
This part briefly explains the genesis of the constitutional reforms in
Kenya and why these
reforms were necessary. It also elaborates why constitutionalism should be
taken seriously for
the betterment of the country. It also creates linkages with the county
structures and the
county government. As the sovereign power belongs to the people of Kenya,
it can only then be
exercised in accordance with the constitution directly or indirectly through
their democratically
elected representatives.
Purpose
The purpose of this topic is to highlight the importance of the
constitution in terms of
connecting the people with the leadership and governance to ensure that
the rule of law is
guaranteed, respected and upheld in all aspects of the peoples livelihoods.
Objectives
To understand the significance of the constitution
To inculcate culture of rule of law
To create a linkage between the constitution and livelihoods
Section A: What is a Constitution?
Constitution can be described in different contexts. It can be defined as;
The supreme law of any country
A charter that defines and outlines governance and its instruments or
organs
An agreement or contract between the governed and their governors.
That which defines and binds relationships; outlines the power
distribution and confers
rights and obligations of the citizens and the state
Rules, principles and values that regulate the system of
government; provides for
powers to be exercised by various institutions and agencies and
provides for allocation
of powers, functions and duties among different institutions

Brief History of Constitution making and Reforms in Kenya


The journey to a new constitutional dispensation in Kenya can be traced
back to independence
especially if peoples participation is taken into consideration. The
independence constitution
came into force on 12th December 1963 and it was a product of negotiations
between Kenyas
political parties and the British Government. Although the independence
Constitution was
meant to acknowledge and assert the sovereignty of the people of Kenya
and transform the
colonial state from an instrument of domination to a democratic state with
consideration of

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peoples welfare, the end result was more of regional marginalization and
alienation resulting
to enormous developmental disparities through the divide and rule tactics.
The constitution was numerously mutilated through various
amendments which did not
represent a progression towards democratization and better protection
of rights than
personalization of power around the presidency. These
amendments encouraged
authoritarianism with lack of accountability that led to massive corruption
and abuse of public
resources.
The clamour for Kenyas constitutional change began in earnest from the
1990s. This was after
the push for the then repeal of Section 2A of the Constitution where both the
political and civil
society groups joined hands for this collective agenda. In 1991, this
section was repealed.
However this did not mean that the constitution reflected the aspirations
of the people and
therefore the civil society advocates regrouped and put new demands
to have a new
constitutional order. In 1996, the Law Society of Kenya (LSK), Kituo cha
Sheria and the Kenya
Human Rights Commission (KHRC) convened the first citizens forum under
the banner of Kenya
Tuitakayo. This saw the formation of the Citizens Coalition for Constitutional
Change (4Cs) with
the main objective of pushing for constitutional reforms in Kenya against the
wishes of the then
KANU regime.
Due to increasing demand by citizens to have a new constitution, there
was the formation of
the National Convention Executive Council (NCEC) to spearhead
constitutional change, bringing
together many Civil Society Organizations including activists groups, trade
unions, faith based
organizations and opposition political parties. In 1997, the Council came up
with the clarion call

of No reforms, No elections with the leadership of Prof. KivuthaKibwana,


Dr. Willy Mutunga,
Rev. Timothy Njoya among others. The push saw the formation of
the Inter Party
Parliamentary Group (IPPG) which saw minimal elections reforms including
review of the then
authoritarian Chief Authority Act. This minimal election reforms saw
political parties in
parliament then nominate representative commissioners to the defunct
Electoral Commission
of Kenya.
From 1998 to 2005, intensive discussions took place leading to the
establishment of the
Constitution of Kenya Review Commission (CKRC).Through the CKRC
process, a draft
Constitution was published and discussed at the National Constitutional
Conference held at the
Bomas of Kenya. Parliament debated the draft constitution and subjected it
to a referendum in
November 2005 which was rejected.

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The search for a new constitution did not end there. The next phase
towards the current
Constitution picked up after what the country underwent in 2007/8. After
the 2007 elections
and the mediation process by His Eminent Dr. Kofi Annan which
recommended promulgation of
a new constitution as one of the key agreements under the Coalition
Government through the
National Accord. The Constitution of Kenya Amendment Act was enacted
and set out the
framework for revolving the contentious issues and completing the review
process.
The Act reemphasized the 1998 values and principles to guide the review
process including
guaranteeing a free and democratic system of government, human rights
and gender equality,
peoples participation in Government and ensuring basic needs and well
being of Kenyans. It
also recommended the establishment of the Committee of Experts on
Constitutional review,
the Parliament Select Committee (PSC) in the National Assembly, the
Reference Group for the
According to you, why did Kenyans have to review their constitution? Among
nonstate actors and the Referendum where the People of Kenya
others;
would participate in
To ensure accountability and transparency through separation of
endorsing
rejecting the constitution. There were still intensive discussions
powers withoreffective
on thechecks
system
of balances to fight corruption
and
governance
and
it was closer
resolved
under
the Parliament
Select
Committee.
To bring
services
to the
people
with quality
leadership
To enhance equitable distribution of resources
The Committee of Experts revised the draft after the inputs from all Kenyans
and presented the
final draft to the National Assembly which passed it without any
amendments. The proposed
constitution was then subjected to a referendum in August 4 th 2010 and
adopted with almost
over 60% majority vote, leading to its promulgation on 27th August 2010.

Significance of the Constitution and why Constitutionalism


It binds all persons and all State organs at all levels of Government
It defines power and binds power relationships
Affirms the values and principles that should guide the Kenyan people
Provides for clear rights, responsibilities and duties of citizens
Confers powers to different institutions of governance hence providing
effective checks
and balances
Regulates the systems of government through separation of powers
Provides framework for operations of different Arms of the
Government including
security matters
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9

Recognizes the sovereignty of the people and their right to


determine the form of
Government they want
Sets out the peoples aspirations under a government based on
essential values
Gives citizens powers to participate in all governance issues
including recall of their
Some of the significant gains in the constitution;
representatives
under
clear Government
grounds for that
recall County)
Devolution
of power
(hence
of Makueni
Gives us power to plan and manage our resources
Creationof checks and balances on power relations
Enhancement of public participation in decision making as a right
Promotion of inclusivity and diversity e.g. protection of gender parity,
the marginalized,
persons with disability, minority and other vulnerable groups.

NB: The Constitution is a living instrument having a soul and consciousness


of its own It must
be construed in line with the lofty its makers framed it. A timorous
and unimaginative
exercise of the judicial power of constitutional interpretation leaves the
constitution a stale and
sterile document Prof. Yash pal Ghai on Kenyans Constitution as an
instrument for change.
A Case Study
Name
some of the
appointments
reflect
the above
The nomination
and nominations
appointmentand
of women,
youth, that
persons
with
indisability
the County
in the county
Assembly
of Makueni.
government
is provided in Article 177 (1) (b) (c) where the number of special
seat members and
How
would
you describe groups,
the effectiveness
and efficiency
of their and the
that of
the marginalized
including persons
with disabilities
representation
in
terms
of
youth should be
professionalism, integrity and competences?
guaranteed on the basis of proportional representation by use of party lists
respecting gender
Does the leadership and their representation measure up to the task?
parity in the priority in which they were listed (Article 90)

Example 2;
The Parliament of the Republic ABC during its 2010/2011 annual budgeting,
budgeted for over
50% of the resources to fund construction of parliamentary offices and
personal cars for the
Honorable Members. This was contrary to the Minister of Finance and the
President who had
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0

advised that the Republic needed to have a budget to construct National


Airport with 60% of
the revenue. The Honorable members went ahead to demand their share of
the revenue and
this was done without public consultations, the law which stated that the
Minister of Finance
Questions;
and the and
President
had the final say on the Appropriation of Republics
Checks
balances
Revenue.
Between the President, the Minister of finance and the parliament who
was supposed
to have the final say towards Appropriation of the Fund?
Citizen participation
Where the citizens of the republic of ABC supposed to be involved in
and informed of
the budgeting process? How?
Prioritization of projects
Between the construction of parliamentary offices and the airport,
which was the right
priority to the people of the ABC Republic?
Separation of powers
Whose responsibility is it to make budget of the Republic of ABC?

Section B: Overview of the Constitution


This overview of the Constitution is aimed at improving the knowledge on
how the constitution
flows for ease of internalization and understanding of the contents of the
constitution. This
enables and strengthens the case for implementation of constitution through
a committed and
informed citizenry.
The overview also enables an analyses of the style in which it is written with
an effort to make it
understandable to the people, its organization and knowing what the topics
deal with. It is a
summary of the government and governance structure and the basic
constitutional provisions it
contains. The overview also enables an understanding on what the
government and the people
have to do to implement it, the peoples rights, duties and roles of
different stakeholders,

resource generation and distribution.


The Constitution regards the people as the primary audience and is written
in a language and
style that ordinary people can understand unlike the previous
constitution that had legal
concepts and jargons. It is only Article 25 (d); right to an order of habeas
corpus that might be
unfamiliar to the ordinary Kenyans, which is an order issued by the court
for a person to be
produced alive or dead, if the person was detained without trial or in
undisclosed confinement.
Most words in the Constitution are used in their ordinary dictionary
meaning in the English

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1

language Article 259 (2) although a few words may have a special technical
meaning as defined
in Article 260 for example adult, affirmative action, child, contravene among
others.
The Kenya Constitution starts with a preamble which is a brief introductory
statement that sets
out the guiding purpose, principles and national goals to which we as a
people are committed
to. It also recognizes the supremacy of the Almighty GOD.
The preamble emphases and recognizes the peoples sovereignty and their
inalienable right to
determine their form of governance.
Overall, the Constitution consists of 18 chapters, 264 Articles and six (6)
schedules. These are
organized in the following order;
Chapter 1: Sovereignty of the People and Supremacy of the Constitution.
It declares that the
Constitution is based on the sovereignty of the people, and that all laws
must be based on the
Constitution (Article 1 to 3). Any law against the constitution is inconsistent,
null and void.
Chapter 2: The Republic and declares the nature of the Kenyan Republic,
the national values
national language and symbols (Article 4 to 11).
Chapter 3: on Citizenship and defines who is a Kenyan and who is
entitled to be a Kenyan
including dual citizenship issues (Article 12 to 18).
Chapter 4: The Bill of Rights or the peoples chapter. It recognizes the
rights of citizens and
others, says when rights may be limited and creates procedure for
protection of rights (Article
19 to 59).
Chapter 5: Land and Environment, creates the framework for land
ownership and
environmental management. Defines who may own land, emphasizes
rights of communities,
protects public land and how to deal with past land injustices especially on
public land through

the National Land Commission. It also lays down framework for protecting
environment (Article
60 to 72)
Chapter 6: Leadership and Integrity. Sets out the principles of conduct
for state officers to
combat and prevent corruption; lays down requirements to be able to hold
state office through
the leadership and integrity provisions (Article 73 to 80).
Chapter 7: is on Representation of the People, the rules and principles of
representation of the
people, who can vote, on fair election, and political parties; creates
electoral and boundaries
commission (Article 81 to 92).
Chapter 8: Creates the Legislature, the Parliament with national assembly
and the senate and
their roles. Says what their powers are and how they are to operate
including public
participation, including right of recall (Article 93 to 128).

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2

Chapter 9: Creates the Executive with a presidential system, with powers


and authority of the
President, functions of the President, elections of the president, term of
office for the
president, removal of president, functions of the deputy president, the
cabinet, principal
secretaries, the Attorney General, the Director of Public Prosecutions,
procedures for control
and impeachment (Article 129 to 158).
Chapter 10: Sets out system of the Judiciary and its authority,
independence, the courts
including the new Supreme Court; Court of Appeal, High Court and
Subordinate Courts. Says
how judges are appointed and dismissed, and how judicial independence
is protected, the
Judicial Service Commission and the Judiciary Fund (Article 159 to 173).
Chapter 11: Sets up system of County Government through Devolution:
the County Executive
Committee and the County Assembly as institutions of government,
their powers and
responsibilities (Article 174 to 200).
Chapter 12: States principles that govern Public Finance; sharing of public
finance; how public
money is controlled, who approves taxes and spending, procedures for
checking on how it is
spend: provides for fair sharing and emphasis on citizen participation (Article
201 to 231).
Chapter13: Sets out the values and principles that should guide Public
Service and how public
service is organized (Article 232 to 237).
Chapter 14: Sets out principles of National Security, sets up the national
security organs, the
National Security Council, Kenya Defence Forces, The National Intelligence
Service, the National
Police Service and the National Police Service Commission (Article 238 to
247).
Chapter 15: States how various Commissions and Independent Offices are
established and their
function (Article 248 to 254).
Chapter 16: States how the Constitution can be changed (Article 255 to
257).
Chapter 17: Contains the rules enforcing and interpreting the Constitution

(Article 258 to 260).


Chapter 18: Deals with how the Constitution will be implemented (Article
261 to 264).
Constitutional Schedules
First schedule: Establishes the 47 County Governments in the
Republic of Kenya
Second schedule: is on theNational symbols
Third schedule: is on Oaths and Affirmation
Fourth Schedule: is on distribution of functions between the National
Government and
the County Governments
Fifth schedule: is on timelines of legislation to be enacted by
parliament
Sixth schedule: is on Transition and Consequential provisions
NB: A constitution should be read in whole. You should not read one
article by itself for it is
likely to affect the meaning of other Articles. For example Article 37 and
Article 31 must be read

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3

together with Article 24 and Article 95 must be read together with Articles
96 and 101.(define
the articles)
Case study: Supreme Court ruling on revenue allocation bill. Senate
versus National Assembly
2013
Interpreting the Constitution
Article 259 (1) establishes the mechanisms of interpreting the constitution in
a manner that
Protects its purposes, values and principles;
Advances the rule of law ,and the human rights and fundamental
freedoms under the
bill of rights;
Permits the development of the law; and contributes to good
governance.
Amendment of the Constitution
Unlike the past, it is very difficult to amend the current constitution. There
are only two ways to
amend the Constitution;
through Parliamentary Initiative (Article 256) or
through Popular Initiative (Article 257)
The
relevance
of the constitution
in ouralivelihoods
Further
some constitutional
areas need
referendum to amend
If in255).
your village
(Article
Where people have been arrested, do they have any rights?
Why?
parliament is to amend the constitution, it would require two thirds (2/3)
If we
majority
ofhave
all evictees are they protected by the constitution?
If thetoforests
Mbooni
have been
depleted,
is the
environment
members
make e.g.
suchinan
amendment
,a grace
period
of at
least four
protected?
months and it should
facilitate public discussion about the Amendment Bill (Article 256 (1)c and d
and (2).

Section C: Nationhood
This section intends to inform you on historical background of Kenya,
patriotism, nation and
nation building.

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4

A nation is a group of people or a community with common cultures,


values, norms,
traditions, beliefs and share common resources for their survival
Nationhood is a process the population of a nation, state or county
develops a sense of
belonging and attachment to that nation, state or county. In this,
there is a sense of
pride in this attachment. It mostly occurs when people have
achieved a high level of
socio economic and political unity and the entire population feels
united or bound
Key discussions;
together by certain common values or norms.
What makes people feel the sense of togetherness?
Patriotism is the exercise and use of the common beliefs, values and
What
can you do if you see people cutting trees, when drugs are
norms
to advance
being stolen in
nationhood.
hospitals, when the water pipes are stolen, when cement for
constructing roads is
stolen?
To what extent do I feel I belong or do not belong to Makueni County?
What makes you
feel so?
How honest, open, effective and efficient are our institutions that have
been established
for managing our affairs?
What actions and activities can we undertake to enhance sense of
belonging to Makueni

Elements of Kenyan Nationhood


A common territory: Articles 5 &6(1) of the Constitution defines
what the common
Kenya territory is. Both the national and county governments have
the same security
organs and agents
A common history: Although different ethnic groups within state or
county may have
varying history, they can still have a significant common historical
experience e.g.
colonial experience and the struggle for independence was an

important factor in the


creation of a sense of nationalism and nationhood in Kenya.
What about
MakueniCounty? What makes us have common history, is it
famine, poverty, poor
infrastructure, management of public resources or what?
Common public property resources: Article 69, 70 and 71 defines the
role of the State in
relation to natural resources including rivers, forests, minerals, fauna
(animals) and flora
(plants). All these are sources of national or county prides. What are
some of the natural

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5

resources we have within our county? Issand, Mbooni forests,Tsavo


National park of
these resources?
Common language: Article 7 (1) defines our national language and
that a nation should
have a common language. Common language is used to bring
ethnic and cultural
differences together and to promote integration of all ethnic
groups. This increases
national and county identity and pride as happened with Kiswahili in
Tanzania.
Common cultural heritage: Ageold traditions, rites and rituals
create a sense of
nationalism and patriotism as elements of nationhood e.g. in
Kenya colonialism
introduced certain practices that can be considered as Western.
They are found in
areas of education, modern medicine and ethics, religions, dress
and rites such as
modern wedding ceremonies are examples of common traditions.
National dress: In some countries like Nigeria, Ghana, India, Scotland
and Mexico people
wear items of dress that constitute a national dress. In Kenya the idea
is still catching up
with appreciation of the national colours in dress codes.
National symbols: Article 9(1) (ac), (25) specifies what the Kenyan
symbols are and
they include;
o National flag
What
the Makueni
National
anthem County flag contain?
o does
Which colours does it have and what do they mean?
o Coat of Arms
o Public seal
o Others are the National currency, the National days and the
National Assembly
At the County level, the Makueni County symbols include;
a) the county flag;
b) county coat of arms; and
c) the county public seal

PART 3: UNDERSTANDING THE COUNTY GOVERNMENT


Introduction
This part is meant to enhance understanding and meaning of devolved
system of governance.
Under Articles 174 and 175 of the Constitution, the objects of devolution
include giving powers
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6

of selfgovernance to the people and enhancing the participation of the


people in the exercise
of the powers of the State and in making decisions affecting them.
Further it emphasis the
recognition of the right of communities to manage their own affairs and
to further their
development through the principles of county government that shall be
based on separation of
powers, with reliable sources of revenue to enable them to govern and
deliver services
effectively.
Purpose
The purpose of this part is to give meaning to Article 183 and 185 of the
Constitution in terms
ensuring that the County exercises its executive functions as provided for in
Article 186 and as
assigned in the Fourth Schedule of the Constitution and also the County
Government Act, Part
II.
Objectives
To enhance the understanding of County government structure,
functions and powers.
To enhance understanding of the role of people in County government
To understand the relationship between the National and County
Governments.
Section A: The County Executive
As outlined in Article 179 (2) (a)of the Constitution ,the County Executive
Committee comprises
of the County Governor, His or Her Deputy and County Executive Members
appointed by the
Governor with the approval of the County Assembly but who are not
members of the assembly.
The executive authority of the County government is vested in this
Committee with the
Governor being the Chief Executive.
PART V, Article 30 of the County Government Act, 2012 provides the
functions and
responsibilities of the County Governor as including;
o Diligently executing the functions and exercise the authority

provided for in the


Constitution and legislation
o Perform such state functions within the County as the president may
from time to time
assign on the basis of mutual consultation
o Represent the county in National and International fora and events
o Appoint with the approval of the County Assembly, the County
Executive Committee in
accordance with Article 179 (2) (b) of the constitution
o Constitute the County Executive Committee portfolio structure to
respond to the
functions and competencies assigned to and transferred to each county
o Submit the county plans and policies to the county assembly for
approval
o Consider, approve and assent to bills passed by the County Assembly
o Chair meetings of the County Executive Committee
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7

o By a decision notified in the County Gazette, assign to every


member of the County
Executive Committee, responsibility to ensure the discharge of any
function within the
county and the provision of related services to the people
o Submit to the county assembly an annual report on the
implementation state of the
county policies and plans
o Deliver annual state of the county address containing such matters as
may be specified
in county legislation
o Sign and cause to be published in the County Gazette, notice of all
important formal
decisions made by the Governor or the County Executive Committee
Under Subsection (2), the Governor shall
o Provide leadership in the countys governance and development
o Provide leadership to the county executive committee and
administration based on the
county policies and plans
o Promote democracy, good governance, unity and cohesion within the
county
o Promote peace and order within the county
o Promote the competitiveness of the county
o Be accountable for the management and use of the county resources
o Promote and facilitate citizen participation in the development of
policies and plans and
delivery of services in the county
The County Executive Committee and Departments in the County
Government
o A department in the County Government is an administrative
division tasked with a
specific responsibility in order to ensure more efficiency and
effectiveness in service
delivery to the citizens of that county.
o Article 179 (2) (b) of the Constitution constitutes the executive
committee members
who are appointed by the Governor with the approval of the County
Assembly after
which each member is assigned a specific department to head

and oversee its


administrative functions and roles.
Article 183 of the Constitution provides for the functions of The County
Executive Committee
(CEC) which include;
o Implementation county legislations.
o Implementation, within the county, national legislation to the extent
that the legislation
so requires
o Managing and coordinating the functions of the county
administration and its
departments.

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8

o Performing any other functions conferred on it by this


Constitution or National
legislation.
PART V, Article 35 of the County Government Act, 2012 adds more
functions to the County
Executive Committee to Article183 of the constitution including;
o Supervision of the administration and delivery of services in the
county and all
decentralized units and agencies in the county
o Carry out any functions incidental to any of the assigned functions
o In performance of its functions, a county executive committee shall
have power to
determine its own programme of activities and every member of the
committee shall
observe integrity and disclosure of interest in any matter before the
committee
o A County Executive may prepare proposed legislation for
consideration by the county
assembly and shall also provide the county assembly with full and
regular reports on
matters relating to the county

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9

The Structure of County Government

COUNTY ASSEMBLY (C.A)


(Elected MCAs, Nominated
MCAs and Speaker as Ex

County Assembly Service


Board
(CASB)
County Assembly

GOVERNOR/DEPUTY GOVERNOR
(Elected by the people in the
County)

COUNTY PUBLIC
COUNTY EXECUTIVE
SERVICE BOARD (CPSB)
COMMITTEE
Appointed by the
Appointed by the
Governor
Governor; Approved
Approved by the C.A
by
the C.A
DEPARTMENTS/OFFICES
Chief Officers, Appointed
by
CPSB, Approved by C.A
SUBCOUNTY
ADMINISTRATORS
Appointed by CPSB

WARD ADMINISTRATOR
(W.A)
Appointed by CPSB

VILLAGE ADMINISTRATOR
(V.A)
Appointed by CPSB

VILLAGE COUNCIL (35


persons)
Appointed by V.A, and
Approved

Towards a development conscious Makueni County:


o What is my role in enhancing the performance of the County
Government?
o What services do I expect from the County Government?
o Do I know the various departments and the officers heading them?
o Do I know the mandate and functions of CPSB?
Makueni County Departments and their Mandate
Makueni County has ten Departments which form the County Executive
Committee. Each
Department carries out specified functions and roles. Schedule Four of the
Kenyan Constitution
distributes the functions to be undertaken by the County Governments and
the Departments in
our County are aligned to this reality.
Department
Mandate
Finance and Social County budgets; Finance (audit and control of
The Departments
Economic Planning finances); Social
economic planning; County taxation and licensing;
Procurement,
Agriculture,
Food security; Revival of cash crop agriculture;
Livestock and
Food Security
Gender Issues,
Youth and
Community
Development
County Education
and
Civic Education

Health Services

Greenhouse
farming
Livestock production; Veterinary services; Crop and
horticulture
Youth employment; Youth groups enterprise fund;
Women groups
enterprise fund; Gender and youth
empowerment; Public
amenities
and recreation;
cultural
Ensure preprimary
education;Sports
Village and
polytechnics;
Home craft
centers;
Childcare facilities; County volunteer
services;
Entrepreneurial
training;
County
libraries;
Rehabilitation of county health services; County
medical health
issues; Primary health care; Ambulance services, to
offer
curative
Planning
for community land; Survey and titling of

Lands, Urban
Planning
land parcels;
and Environmental Afforestation; Urban planning; Rehabilitation of

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1

Management
Trade, Industry,
Tourism
and Cooperatives

streams; Sand harvesting; Sanitation and waste


management;
Sewerage
services; Street
Business nurturing;
Visionlighting
2030; Cooperative
services; County
marketing; Tourism

Transport and
County
Infrastructure

County roads; Housing; Sun and wind farming;


Energy; Electricity;
Public works

Water and
Irrigation
Services

General provision of water; Irrigation; Dams;


Borehole drilling;
Water harvesting

ICT Development Marketing Makueni as an ICT destination both


and
locally and
Special
internationally; Advise on all relevant matters
Programmes
pertaining to the
development and promotion of ICT; Capacity
building, including
Note:
Aside from the 10 Departments, Makueni County has the office of
the Cabinet Secretary
which is the chief administrative office of the County. The County
Secretary is the secretary to
the County
Executive
that is chaired by the Governor.
Towards
effective
serviceCommittee
delivery:
o What services do I expect from various departments?
o Which of the ten departments has rendered services to me/my
community/area/Ward?
o How accessible are the departments?
o How is the information flow from the departments, and how do I intend
it to be?

The County Public Service Board (CPSB)


The County Public Service Board is provided for in the County Government
Act, Part VII from
Sections 55 to 86. The Board works under the Executive and it is comprised
of;
A chairperson nominated and appointed by the county governor with
the approval of
the county assembly,

3 to 5 other members nominated and appointed by the county


governor, with the
approval of the county assembly and

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2

A certified public secretary of good professional standing nominated


and appointed by
the governor, with the approval of the county assembly
These appointments of the Board should be through a competitive
meritocratic process and
those appointed should meet requirement of Chapter 6 of the constitution
and should not be
State Officers.
The mandate of the CPSB is to;
establish and abolish county offices in the county public service,
appoint persons to hold or act in offices of the county public
service and confirm
appointments,
exercise disciplinary control over, and remove, persons holding or
acting in those
offices,
prepare regular reports for submission to the county assembly on the
execution of the
functions of the Board,
facilitate the development of coherent, integrated human resource
planning and
budgeting for personnel emoluments in the county,
Advice county government on implementation and monitoring of
the national
performance management system in counties and many others as
provided for in
Section 59 of the County Government Act, 2012.
Section B: The County Assembly (CA)
This is the legislative arm of the county government. The composition of
the Makueni County
Assembly includes 30 representatives elected from the 30 wards in the
County. It adheres to
the gender principle of 2/3 female and male representatives meaning at
least either 11 women
or men. The special interest groups representation includes youths (a man
and a woman), 2
persons with disabilities (a man and a woman), 2 minority or marginalized
persons (a man and a
woman) and the Speaker as an Ex Official. In total, the Makueni County

Assembly consists of
47 members and the speaker.
The Speaker is elected by the County Assembly members from applicants
who are not members
of the Assembly and the official language in the Assembly is English,
Kiswahili and the sign
language.

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3

Qualifications of County Assembly members


In compliance with leadership requirements in Chapter 6 of the
Constitution, a County
Assembly member ought to be honest, selfless, patriotic, accountable,
disciplined, committed,
competent, suitable, impartial, incorrupt and with good manners. He or she
should have a post
secondary qualification (certificate, diploma or degree) besides a secondary
certificate from a
recognized institution by the government. He or she should have moral and
ethical standing in
the society and be of a sound mind, with no bankruptcy judges and should
not have misused or
abused public office before. He or she should also be a registered voter.
Role of County Assembly
Just like the National Assembly, , the County Assembly is meant to make
laws and therefore the
role of the County Assembly is to make laws that govern public services
provision in the County
of Makueni. They also oversee the county executive organs while
receiving and approving
plans and policies for the County. They approve executive appointments
including the County
Cabinet and town committees, approve County budgets, approve
borrowings by County
Government before they are guaranteed by the National Government and
receive views and
opinions from the electorate and present them to the County Assembly.
Role of the Member of County Assembly
The law (County Governments Act 2012, Art 9 (1)) requires that every single
Member of the
County Assembly must:
(a)
maintain close contact with the electorate and consult them on
issues before or
under discussion in the County Assembly;
(b)
present views, opinions and proposals of the electorate to the
County Assembly;
(c)
attend sessions of the County Assembly and its committees;
(d)
provide a linkage between the county assembly and the electorate
on public service

delivery; and
(e) extend professional knowledge, experience or specialised
knowledge to any issue
for discussion in the County Assembly.
Discussion questions
1. What other roles can you think of for the MCAs?
2. Does the MCA of your Ward do what is outlined above as their role?
NB: As provided for in Article 9 (2) (a) and (b) of the County Governments
Act, County Assembly
members shall neither be involved directly or indirectly in the executive
function of the county
governments and its administration nor shall they deliver services as if they
were members of
the Executive, an officer or employee of the County Government. Therefore,
to ensure that the
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4

people in their Wards get services of education, good roads, water, health
services etc., they
can be actualized through the Executive Committee under the office of the
Governor. MCAs
therefore work closely with the Governor to effectively deliver on
development services.
MCAs
Councilors
They are state officers
They were not state officers
The difference between former Councilors and current Members of
Provide oversight on Executive
Made and executed decisions by
County Assembly (MCAs)
Committee
resolutions
decisions
made
in Council
Make lawsand
for executions
County Government
Made bylaws
forminutes
local authority
Vets and approve appointments
Have oversight role over the County
Executive

Formed Committees to employ workers


Were core implementers of
development
projects
Approves budget once done and
Recommended budget to the Local
presented to
Government
the Assembly
by the County
Ministry
Approves
borrowing
by Executive
the
Recommended
borrowing for approval
County
by the
Government
Local
Government
Ministry
Established by the Constitution
Created
by an Act of
Parliament
Chaired by the Speaker

Were Chaired by the Mayor or Council


Chairman

Discussion Question
What other differences are there between the Members of County
Assembly and previous
Councilors?
County Assembly Committees
It is important to note that the County Assembly, in doing its oversight, works
through
Committees.
County Assembly Service Board
Under Part III of the County Government Act, Section 12, there is the County
Assembly Service
Board for each County Assembly. The County Assembly Service Board
consists of;
o the Speaker who is the Chairperson,
o the leader of majority party or a member of the County Assembly

deputed by him or her


as the vice chairperson,
o the leader of the minority party or a member of the County assembly
deputed by him or
her,

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5

o one person resident of the county appointed by the County Assembly


from persons who
have knowledge and experience in public affairs but who is not a
member of the County
assembly.
The County
Assembly
clerk
the secretary
toCounty
the County
Service
Towards
quality
leaders
andisleadership
in the
at allAssembly
levels
Board
(CASB).
o Do you participate in elections? E.g. in school committee, churches,
youth group, CDF
etc?
o Did you participate in electing your ward representatives? And how?
o How do you arrive at electing your leaders and what criteria do you
use in electing
them?
o What are the factors that influence you in electing your leaders?

Section C: The role of the Senate and the National Assembly in


County Governance
The Constitution of Kenya establishes the senate as provided in Article 98.
The Senate consists
of:
a) Forty seven (47) members each elected by the registered voters of
the counties, each
county constituting a single member constituency.
b) Sixteen (16) women members nominated by political parties
according to their
proportion of members of the Senate elected under clause (a) in
accordance with Article
90;
c) Two members, being one man and one woman, representing the
youth.
d) Two members, being one man and one woman, representing persons
with disabilities;
and
e) The Speaker, who shall be ex officio member.
The members referred to (c) and (d) above shall be elected in accordance
with Article 90.

The role of Senate in County governance


The role of senate is to:
o represent counties; protect their interests and governments as well
as legislative law
making process as provided in the Constitution Article 96
o participate in the law making function of parliament by
considering, debating and
approving Bills concerning Counties, as provided in Articles 109 113
of the Constitution
o determine the allocation of National Revenue among Counties, as
provided in Article
217,
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6

o exercise oversight over national revenue allocated to County


government
o participate in the oversight of state officers by considering and
determining any
resolution to remove the President or Deputy President from office in
accordance with
Article 145
o Authorize suspension of a County Government as provided in the
Constitution under
Article 192 (2)(b) unless an independent commission of inquiry
has investigated
allegations against the County Government and the president is
satisfied that the
allegations are justified and the senate has authorized the suspension
o approves suspension of county governments in exceptional
circumstances as provided
for under Article 123 (10) of County Governments Act
o Suspend the County Government for a period not exceeding ninety
days, or until the
suspension is terminated in accordance with Article192 (4) of the
Constitution
o may at any time terminate the suspension of any County Government
o remove a County Governor as provided by the Constitution under
Article 181 following
the laid down procedure as provided by the County Government Act
2012, Section 33.
o terminate suspension of a County governorat any given period as
provided by the
County Government Act 2012, Section 129 and the Constitution
Article 192 (4) (5), 122
and 123.
What other roles are relevant for the Senator in relation to Makueni
County?
The Role of the National Assembly under Article 95
The National Assembly consists of;
o two hundred and ninety (290) members, each elected by the
registered voters of each
constituency in Kenya;
o forty seven (47) women representatives, each elected by the

registered voters of each


county;
o twelve (12) members nominated by parliamentary political parties to
represent special
interests including the youth, persons with disabilities and workers;
o the speaker, who is an exofficio member
The role of the National Assembly includes:
a) Representation of constituents and the people of Kenya
o MPs are a bridge between the electorate and the government hence
they relay issues
facing voters to the government for consideration and press for
action. On the other
hand, an MP is expected to communicate to the public the ongoing
government plans
and policies to address their concerns.
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7

b) Making legislation
o The National Assembly considers, refines and passes legislative Bills to
improve the lives
of Kenyans. MPs have responsibility to consider, debate and pass the
financial estimates
(budget) including taxation measures for raising revenue to finance
public development
programmes and projects presented by the Executive.
c) Oversight
o The oversight role extends to scrutiny of financial, administrative
and management
practices of public officers and other public institutions. In this,
parliamentarians hold
the latter to account for expenditure of such funds as approved by the
House to ensure
transparency and accountability.
d) Initiate impeachment of the President
o Parliament has the power to vote out (impeach) the Executive
through a vote of no
confidence. This is a powerful role upon which they can use to
determine the life of the
Government through exercising the ability to provide or withhold
support to either the
entire government or a member of the executive.
e) Other roles
o Promoting checks and balances in the executive, judiciary,
legislature (National
Assembly and Senate)
Approving of nominated members of regional assemblies e.g. East
o questions
Key
Africa
Assembly,
role doesPan
the member of the National Assembly have in
o What
Africa
Parliament
managing
devolved
funds
Vetting,
executive
presidential
appointments.
For
o e.g.
CDF,approving
Bursary Fund,
Uwezoand
Fund,
Kenya Rural
Roads Authority
Funds?
example the Cabinet
o Secretaries,
With the National
Assembly,
the Senate
and the County
Principal
Secretaries
and Constitutional
OfficeAssembly,
holders
howsuch
cost as
effective
members of
can
representation
be in Kenya?
Commissions
o Election of the Speaker of the National Assembly
o Approving borrowings

o Approving International laws and treaties

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8

Scenario
In MCT Constituency, the Member of National Assembly (MNA) proposed
construction of a
health facility which was funded through CDF. People organized harambee
were the money was
raised and used to purchase the land for construction of the health facility
foundation. Later a
donor supplied iron sheets for the same project. The health facility was
incomplete and all
resources had been spent. Later, the MNA forwarded the project to the
County Executive
member in charge of health for completion and staffing. The County
Government has not
budgeted for this project.

o Are there cases of duplication of tasks in the case study and how could
these be avoided
or addressed?
o From the case study, who was responsible for the project and
how was financial
accountability ensured?
Section D: The relationship between the National Government and
County
Government
This section deals with the relationship between the National Government
and the County
Governments as established in Article 6 of the Constitution and First
Schedule. In Article 6 (2),
the governments at the National and County levels are distinct and
interdependent and shall
conduct their mutual relations on the basis of consultation and cooperation.
Under Article 6 (3),
the National Government will make sure there is reasonable access to its
services in all parts of
the Republic.
The Fourth Schedule outlines the roles and functions of each
government and Article
186 and 187 outlines the procedure on how to transfer functions

between the two


levels of government
Article 189 explains the cooperation between the National and County
Government
Article 190 explains support of County governments by the National
Government
Article 191 explains when National legislation prevails over County
Legislation and vice
versa
Article 192 exonerates the suspension and termination of County
Governments
Article 212, borrowing by the Counties must be guaranteed by the
National Government
Intergovernmental Structures
The National and County Government Coordinating Summit is
the apex body for the
intergovernmental relations where the President or in absence the Deputy
President shall be
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9

Chairperson and the Governors of the 47 Counties as members. The vice


chairperson of the
summit is the chairperson of the Governors Council who is elected by the
Governors of the 47
Counties from among them.
The Summit provides a forum for;
consultation and cooperation between the National and County
governments,
promotion of national values and principles of governance,
promotion of national cohesion and unity,
consideration and promotion of matters of national interests,
evaluation of performance of national or county governments and
recommending
appropriate action,
monitoring the implementation of National and County Development
Plans,
recommend the appropriate action considering issues relating to
intergovernmental
relations referred to the Summit by members of public,
recommending measures to be undertaken by respective county
governments,
coordinating and harmonizing the development of County and National
policies,
facilitating and coordinating the transfer of functions, power or
competencies from and
to either level of government (Part 2 Sections 7, 8 and 9 of the
Intergovernmental
Relations Act.)
The Summit upon its meetings is required to submit its annual report to the
National Assembly,
the Senate and the County Assemblies within 3 months after the end of
every financial year
where upon receiving the report, the respective houses can make
recommendations to the
Summit as they consider necessary. The Houses can as well at any time
request information
from the Summit on any matter.
The Intergovernmental Relations Technical Committee

This is a technical team appointed by the Summit where the Principal


Secretary of the state
department responsible for Devolution is a member. This committee is
responsible for day to
day administration of the Summit and that of the Council of Governors
through facilitating the
activities and implementing the decisions of both the Summit and the
Council.

The Council of County Governors

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0

It is composed of the Governors of the 47 counties and headed by


chairperson and vice
chairperson who shall serve for a term of one year. The Council has among
others the following
functions:
consultations amongst County government,
sharing information on the performance of the Counties in the
execution of their
functions
initiating preventive and corrective action,
considering matters of common interest to County governments,
dispute resolution between Counties,
facilitate capacity building for governors,
monitoring implementations of InterCounty agreements,
consideration of reports from other intergovernmental forums on
matters affecting
national and County interest or relating to performance of counties
The National and County Governments may establish a joint committee with
specific mandate
where such committee is necessary for achievement of objects and
principles of devolution as
provided in article174 and 175 of the Constitution and which provide
for promotion of
democratic and accountable exercise of power, foster national unity by
recognizing diversity,
give powers of selfgovernance to the people and enhance participation of
people.
Delivery of Public Services
The assignment of functions to either government recognizes three
categories;
exclusive functions which can be performed by only one level of
government;
concurrent functions which can be performed by two or more levels of
government;
residual functions which reside with the original level of government
that existed before
the creation of the other levels of government (i.e. the national
government).

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1

Below is how the functions have been distributed and shared


National l functions County functions

Shared functions by
both
National policy
Social infrastructure Governments
Education
Regulationand
Service delivery
Transport
standards
Coordination of
Health facilities
Macroeconomic
community
Public
works
policy
participation
and
management
in local governance
investments
Foreign affairs
Community
National statistics
administrative
Defence
Disaster
capacity
Natural
management
building for public
resources
Energy regulation
participation in
National revenue
Environment
governance
Forestry
Local economic
Key questions
What other services do you expect from the national government?
What other services do you expect from the county government?
What is my responsibility in accessing quality services from the
national and the county
government?

PART 4: LAND RESOURCES AND THE ENVIRONMENT


Introduction
Article 60 of the Constitution starts by stating that land in Kenya shall
be held, used and
managed in a manner that is equitable, efficient, productive and
sustainable. These qualities
should also apply in Makueni County for sustainable development. Such
qualities demand that
people in their localities ought to know how land, as a main factor of
production, can be utilized
to support livelihoods, with connections to life support systems such as the
land itself, water
and water catchment areas, natural resources such as forests and air.
Part 2 of The Fourth Schedule has placed land surveys and mapping
under the County
Government and the County Department of Lands, Urban Planning
and Environmental
Management is in charge of planning for community land; survey and
titling of land parcels;
afforestation; urban planning; rehabilitation of rivers and streams; sand
harvesting; sanitation
and waste management; sewerage services and street lighting. This
means as a people we
ought to know what these means to us and prepare to work closely with
the Department for
proper and profitable utilization of our lands.
Purpose
The purpose of this part is to enhance understanding on equitable access to
land especially for
economic activities, ensure security of our land rights, create avenues
for sustainable and
productive management of land resources, ensure sound conservation
and protection of
ecologically sensitive areas such as forests and water catchment areas
and elimination of
gender discrimination in law, customs and practices related to land and
property in land while
also encouraging communities to settle land disputes through the
recognized local community
initiatives that are consistent with the constitution.

Objectives
o To promote the understanding of land, environment and natural
resources ownership in
the County
o To enable the people of Makueni settle land, environmental
issues and natural
resources disputes through local community initiatives
o To empower the people to sustainably and productively utilize and
manage land and
natural resources
o To enhance understanding on local initiatives towards settlement
of land related
disputes

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3

Section A: Classification of Land ownership in Kenya


Debating questions:
o How did you come to own your land?
o How do you own it now in terms of the constitutional definition under
Articles 62, 63 or
64?
o Do youth and women own land?
o Do you have land ownership document as a proof of ownership?
o What environmental and natural resources are available in your village?
o How are these environmental and natural resources utilized and
protected? Are they
public, communal or private? How do they benefit you?
o What is your role in soil, environment and natural resources
conservation?
All land in Kenya belongs to the people of Kenya collectively as a
Kenyan nation, as
communities and as individuals. As such, land has been classified as
public, community or
private. Articles 62, 63 and 64 of the Constitution have elaborated on what
this means.
It is important for the Makueni people to understand well the meaning
of public land as
provided in Article 62 and also community land under Article 63 as private
land is rather clear as
put under Article 64 of the Constitution.
Public land is vested in and held by a county government in trust for the
people resident in the
county and shall be administered on their behalf by the National Land
Commission if it is
classified unalienated government land; land transferred to the state by
way of sale, reversion
or surrender; land in respect of which no individual or community ownership
can be established
by any legal process; land in which no heir can be identified by any legal
process; land lawfully
held, used or occupied by any state organ.
Section B: The National land Commission and its role
The National Land Commission was created from the National Land Policy
that was created

with intensive consultations of land stakeholders in Kenya.


The National Land Commission has been established under Article 67 of the
Constitution. The
functions of the Commission include among others: to manage public
land on behalf of the
national and county governments; to advise the national government on
a comprehensive
programme for the registration of title in land throughout Kenya; to initiate
investigations, on
its own initiative or on a complaint, into present or historical land injustices,
and recommend

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4

appropriate redress; to encourage application of traditional dispute


resolution mechanisms in
land conflicts.
Scenario on addressing land injustices
Back in 1982 over 400 households were forcefully evicted from Kyulu hills to
protect the water
catchment area. Other 50 households were evicted from Kevanda in
Kikumbulyu North, Kibwezi
East. This was done for the purpose of expansion of University of Nairobi
Questions for debate
dry land research
o Do the cases provided qualify to be taken up by the National Land
department
Commission? and the families were not compensated.
o What would be your role in ensuring that such land injustices are
corrected and not
repeated?
o How has poor registration of land in Makueni enhanced economic
marginalization,
Debating questions:
o Should women and youth be entitled to land ownership in Makueni
County?
Section
C: has
Gender,
and Land
o How
land Youth
inheritance
and issues
ownership impeded poverty and
unemployment
alleviation in Makueni county?
o What initiatives/incentives can enable women and youth meaningfully
utilize land and
natural resources in Makueni County.

Section D: Land, environment and natural resource disputes,


conflicts and
resolutions
There are several cases of land, environment and natural resources
disputes at family, clan,
county, intercounty and even at the national government level. These
disputes and conflicts
have affected development work negatively and have also led to lose of
lives. Land conflicts and
disputes emanate from poor surveys, poor registration and even lack of
legal documents as

proof of ownership of the land and areas in question. However


environmental disputes and
conflicts may emanate due to lack of exercising responsibility. This can
be from either the
government side or the citizens side leading to filthy conditions of
livelihoods, which also may
lead to spread of diseases.

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5

Legally, some of the legal documents that address land and natural
resources conflicts and
disputes include the constitution, the Intergovernmental Relations Act, the
County Government
Act, EMCA among many others.
Discursive questions:
o Are you aware of any land disputes or conflict in your area?
o At what level is the conflict; family, clan, county, intercounty or
national government
level?
o How did it emanate or start?
o How was it resolved or it is still persistent?
o How were land disputes and conflicts settled traditionally?
o Can these mechanisms work today? If not, what can be done to
make them work

The Environment
It is the obligation of the Kenyan State to ensure sustainable
exploitation, utilization,
management and conservation of the environment and natural resources
while also ensuring
equitable sharing of the accruing benefits from the environment and the
natural resources.
Towards this end, the State should work to achieve and maintain a tree cover
of at least 10% of
the land areas of Kenya and the people also have a role to ensure that tree
planting is taken as
a national duty especially in the Counties that are ravaged by drought
occasionally.
The State
Debating
questions
o Have
you ever
witnessed
violation
the
right to cleanprotection
and healthy
should
encourage
public
participation
in of
the
management,
and
environment?
conservation of the
o Describe
what
happened,
where it
happened,
whencan
it endanger
happened
environment
while
eliminating
processes
and
activities that
and
who was
the environment
as
responsible.
per Article 69 of the Constitution. Any person can apply for court redress or
What
actions did you take to correct the situation?
anyoother
remedies
o Is charcoal burning rampant in the county and is it sustainable?
if he/she witnesses alleged violations of the right to clean and healthy
o What can be done by the County Government to make it
environment under
sustainable as a cheaper
Article 42 of the Constitution read together with Article 70.

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6

o List any other violations to clean and healthy environment you know
of around your
locality or area.

PART 5: THE BILL OF RIGHTS


Introduction
The Bill of Rights can be summed up as the integral part of Kenyas
democracy and the
framework for social, economic, political and cultural progression. It has
been well articulated
under Chapter 4 of the Constitution and it is covered from Article 19 to
59. The rights and
fundamental freedoms contained in the Bill of Rights belong to each and
every individual and
are not granted by the State. This Part of the Handbook therefore deals with
you the reader as
an individual person, with all rights enshrined in the constitution.
Purpose
The purpose of this part is to recognize and protect your rights and
fundamental freedoms as a
person, preserving the dignity of your individuality and those of
communities while promoting
social justice in realization of the human potential as human beings. This
can only be done
through understanding what human rights are; empowering others to know
of such rights and
fundamental freedoms as a people while promoting and protecting those of
the minorities and
the marginalized as espoused under Article 56 of the Constitution.
Objectives
o To enable and empower Makueni people to promote and defend their

rights
o To enlighten the people of Makueni to exercise their rights responsibly
o To transform attitudes, beliefs, traditions and mindsets
Section A: What are human rights?
Human rights those aspects and entitlements that make us human with
dignity. They are Godly,
inalienable and universal. They are also legal guarantees protecting
individuals and groups
against actions by any actors who interfere with fundamental freedoms
and human dignity,
especially so by governments.
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7

Human rights law obliges governments to do some things, and prevents


them from doing
others.
Some of the most frequently cited characteristics of human rights include
their focus on dignity
of the human being, their legal protection, they are guaranteed
internationally, they protect
the individual and groups, obliges States and State actors to act on them,
cannot be waived or
taken away by any other actor including the government, are equal and
interdependent, and
they are also universal in nature. Article 43 of the Constitution lays a
of rights and fundamental freedoms you know of?
o Give
strong
caseexamples
of what are
are these
and
fundamentalof
freedoms
o How
called
the basic
rightsrights
or the
firstgeneration
rights. observed or often
violated? By who?
o Have you had a case where your rights and fundamental freedoms were
violated?
Discussion
Questions
o What happened
and how was the violation redressed?
o Was justice served and through which institution(s)?

Key Principles of human rights


The key human rights principles that should inform and guide individuals
and groups when
talking of human rights include;
o universality and inalienability: all human beings are born free and
equal in dignity
(Article 1 of the Universal Declaration of Human Rights)
o indivisibility: all human rights cannot be split or divided even in the
civil, political, social,
cultural, economic spheres for human beings are all these
o interdependence and interrelatedness: human rights depend on
each other and
realisation of one right depends wholly or in part with the other rights
o equality and nondiscrimination: there should be no grounds

whatsoever for
discrimination on the basis of race, ethnicity, colour, age, sex and
sexuality, language,
location and locality among any other ground
o participation and inclusion: all human beings should actively, freely,
purposefully and
meaningfully participate and be included in their development
o accountability and rule of law: the right holders, which is the people,
have rights and
responsibilities, and the duty bearers or state actors have the same
as well although
they are answerable for the observance of human rights as per the
State obligations.
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8

Further human rights norms are increasingly becoming enforceable


against nonState
actors as well.
Section B: An Overview on the Bill of Rights
Article 19 to 59 speaks to us on the Bill of Rights with introduction on
Rights and fundamental
freedoms and how the Bill of Rights is applied into all law and binds all
State organs and all
persons. Every person ought to enjoy the rights and fundamental
freedoms to the greatest
extent consistent with the nature of the right or fundamental freedom.
Also every person has the right to institute court proceeding claiming
that a right or
fundamental freedom in the Bill of Rights has been denied, violated or
infringed or is
threatened as per Article 22 of the Constitution. He or she can do this as a
person or acting on
behalf of another person, a group or class of persons or acting in the public
interest. When such
an application is made, the High Court has jurisdiction to hear and
determine application for
redress of a denial, violation, infringement or threat to a right or fundamental
freedom.
Every person is equal before the law and has the right to equal protection
and equal benefit of
the law; even women and men have the right to equal treatment, including
the right to equal
opportunities in political, economic, cultural and social spheres as stated in
Article 27 of the
Constitution. The state shall not discriminate directly or indirectly against
any person on any
ground including race, sex, pregnancy, marital status, health status,
ethnicity, colour, age,
disability, religion, belief, language etc.
Article 43 makes a strong case for the economic and social rights for every
person while Article
45 is on family and what makes a family.

The rights of arrested persons have been articulated in Article 49 and they
include the right to
be informed promptly in a language one understands, of reason for arrest,
the right to remain
silent and the consequences of not remaining silent; access to a lawyer
and informing third
parties of their arrest and being produced in a court of law within 24 hours.
The rights of children are given under Article 53 including right to a name
and nationality from
birth, to free and compulsory basic education, to basic nutrition, shelter
and health care.
Article 54 is on rights of persons with disabilities and rights of the youth in
Article 55. The rights
for the minorities and marginalized are covered in Article 56 while for the
older members of the
society in Article 57.

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9

Section C: Limitations of Rights


A right or fundamental freedom in the Bill of Rights cannot be limited except
by law and to the
extent that the limitation is reasonable and justifiable based on human
dignity, equality and
freedom as articulated in Article 24.
There are fundamental rights and freedoms that cannot be limited. These
are freedom from
torture and cruelty, inhuman or degrading treatment or punishment,
freedom from slavery or
servitude, the right to a fair trial and the right to an order of habeas corpus
(order issued by the
court for a person to be produced alive or dead, if the person was detained
without trial or in
undisclosed confinement)
Legislation may limit the application of the rights and fundamental
freedoms for persons
serving in the Kenya Defence Forces or the National Police Service in
relation to privacy,
freedom of association, assembly, demonstration, picketing and petition,
labour relations,
economic and social rights and rights of arrested persons [Article 24 (5)].
Section D: Institutions involved in human rights protection
o County and National Government institutions
o Ethics and AntiCorruption Commission
o Kenya National Commission on Human Rights
o National Land Commission
o Public Procurement Oversight Authority
o The National Police Service
o Which
The Independent
Police Oversight
Authority
other institutions
do you think
are involved in protection of
o
o
National
Environment
Management
Authority
human rights in your
o locality?
National Gender and Equality Commission
o
doand
theyTribunals
protect these rights?
o How
Courts
o Kenya Forest Service
o Kenya Wildlife Service
o Civil Society Organizations (including media, faith based, among others )
Discussion Questions

Section E: The role of the individual, community and county


government in
protecting human rights
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0

Discussion Questions
o What are some of the most unreported cases of human rights
violations in Makueni
County?
o What is your role in protecting other peoples rights?
o What are some of the ways to enhance protection of human rights?
o What do you think is the role of the county government in protecting
Methods to protect human rights
Some of the methods to protect human rights include;
o Documentation and monitoring: broad terms used to describe
active collection,
verification and immediate use of information to address human
rights problems or
violations. This includes gathering firsthand information about incidents,
observing events,
visiting sites where such violations occur and taking all the
necessary and relevant
information on the case. This is important for any necessary redress
including discussions
with the County Government authorities in pursuant to any remedies or
compensations.
Any person can document and monitor human rights violations and
report the same to the
relevant County Government or National Government agencies but
factual information is
mandatory including doing followups.
o Fact finding and field missions: involves a process of drawing
conclusions of fact from
monitoring activities. This is more specific than monitoring and entails
a great deal of
information gathering in order to establish and verify the facts
surrounding an alleged
human rights violation. It also involves pursuing reliability through the
use of generally
accepted procedures and by establishing a reputation for fairness and
impartiality.
o Observation: refers to the more passive process of watching events
especially those
related to the fundamental freedoms such as freedom of assembly,
association, elections
and demonstrations. It is requires an onsite presence.

Individual and community roles


o Knowing the fundamental freedoms and rights
o Uphold human rights values and principles
o Organizing themselves to protect human rights
o Forming cooperatives for economic emancipation
County government role
o Promote, protect and regulate fair trade
o Providing storage facilities for farm produce
o Embracing modern technology
o Value addition to products from the County
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1

General Discussions
o What are some of the factors that hinder promotion and protection of
human rights in
Makueni County?
o What are the common forms of human rights violations?
o Name some of the perpetrators of these human rights violations?
o What actions have been /can be taken to address human rights
violations?
PART 6: PUBLIC FINANCE AND BUDGETING
Introduction
This part discusses the framework of financial matters with particular
reference to openness,
accountability and public participation to an equitable society.
Purpose
The purpose of this part is to ensure that people understand elements
and processes of
budgeting, ways of raising revenue even at the County Government and
their role in overseeing
public expenditures.
Objectives
o To enhance citizen participation in revenue generation, budgeting,
expenditure and
control of resources
o To enhance sustainability of County income
o To empower people to ensure there is transparency and
accountability of County
resources
Section A: Public finance, sharing of revenue, borrowing and grants
The public finance system exists to promote an equitable society by ensuring
that the burden of
taxation is shared fairly, the revenue raised nationally is shared equitably
among national and
county governments and expenditures promote the equitable
development of the country,
including by making special provision for marginalized groups and areas.
The burdens and
benefits of the use of resources and public borrowing shall be shared

equitably between
present and future generations with prudent and responsible use of public
finances.
Sharing of Revenue
The revenue raised nationally is to be sharedequitably with county
governments being
allocated not less than 15 per cent of the revenue [Article 203, (2)]
calculated on basis of the
most recent audited accounts of revenue received, as approved by the
National Assembly.
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2

In the Equalization Fund, there shall be 1.5% of revenue collected by the


national government
which is paid every year initially for a twenty year period. The monies in the
Equalization Fund
will be used to uplift the quality of basic services such as water, roads,
electricity and health in
marginalized areas to levels as enjoyed by the rest of the country.
Borrowing
County Governments may borrow only with the approval of their respective
county assemblies
and if the national government guarantees the loan. Under Article 212 and
213, Counties are
allowed to get loans but have to be guaranteed by the National Government.
Grants and donations
County governments may receive donor grants or aid either from foreign
governments, non
governmental agencies, corporate institutions, philanthropists and
individuals to support their
social and economic development programmes. Donor aid can be captured
and appropriated as
revenue or appropriations as revenue or appropriationsinaid in the
annual budget and
forward budgets of County Governments.
Section B: Principles of Taxation and Local Revenue Sources
The principles of taxation include
o Effectiveness: means the capability to produce the desired results on
taxation. It is about
doing the right things on taxation including setting the costs, time
and efforts to be
applied on taxation.
o Efficiency: means taxation ought to be accomplished with a
minimum expenditure of
time and effort. The ratio of the work done or energy deployed in
taxation should not be
consuming more time and energy than the amount of money being
raised. It is about
doing taxation in the right way.
o Reasonable: this means taxation ought to be agreeable to logic,

reason or sound
judgment, not exceeding the limit prescribed by reason. Taxation
ought to be judicious,
moderate and having rationale or justification.
o Realistic: taxation ought to be based on what is real or practical given
the situations and
condition of various factors in the society.
o Enforceable: taxation laws ought to be kept or put in force to
ensure that revenue is
collected for public service delivery. The Government of Makueni
County has a right or
an obligation to enforce its taxation laws enacted by the County
Assembly if those
supposed to pay do not comply with the legal process. It can even
impose legal actions
and processes to ensure compliance.
General discussions
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3

Do you contribute in raising revenue for your county? How?


How does the revenue you contribute benefit you?
What are some of the natural resources that can be used to raise
revenue?
Who owns and controls the natural resources in Makueni County?
How else can Makueni County expand its revenue base?
Is the amount generated from the natural resources in Makueni County
commensurate
Sources of Revenue for the County Government of Makueni (see the
Government of Makueni
County Finance Act, 2013 and its subsequent Finance Acts)
The Government of Makueni County raises its revenue through
imposition of taxes and
charging fees for services offered including;
o Agricultural cess
o Livestock fees
o House rents
o Market rents and fees
o Single business permits fees
o Traditional brew permits fees
o Service delivery charges
o Road maintenance levy
o Parking fees
o Rent for conference halls
o County parks and related facilities
o Environmental conservation tax
o Antidumping taxes
o Charges and fees from publicprivate partnerships such as concessions
o Management
contracts
Which
other ways are
used or and
can leases
be used to raise revenue for the County
Government?
Read more in the County Government Finance Act, 2013
Section C: County planning and budgeting
The county planning and budgeting process is stipulated under the Public
Finance Management
Act, 2012, Sections 117, 118 and 125. The County Treasury prepares the
County Budget Review
and Outlook Paper for each financial year and submits this to the County
Executive Committee
by the 30th September of that year.

The county budgeting process entails

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4

o development of the County Integrated Development Plan which


includes both long term
and medium term plans;
o establishment of the financial and economic priorities for the county
over the medium
term;
o making an overall estimation of the county government's revenues and
expenditures;
o adoption of the County Fiscal Strategy Paper. It is the County Fiscal
Strategy Paper that
informs the budgeting process. It is prepared by the County Treasury
and submitted to
the County Executive Committee for approval.
o The County Treasury then submits the approved Fiscal Strategy
Paper to the County
Assembly by the 28th February of each year. In preparing the
County Fiscal Strategy
Paper, the County Treasury is guided by the views form the
Commission on Revenue
Allocation, the public, any interested persons or groups and any
other forum that is
established by legislation.
o preparation of budget estimates for the county government and
submitting the
estimates to the county assembly then follows;
o the county assembly then approves the estimates;
o the Assembly then enacts the Appropriation law and any other
laws required to
implement the county government's budget;
o implementation of the County government's budget then follows with
o accounting for, and evaluating the county government's budgeted
revenues and
expenditures
The County Executive Committee member for finance shall ensure that
there is public
participation in the budget process.
Institutions involved in budgeting process
o Commission on Revenue Allocation is in charge of initiating the
allocations for each
financial year
o County Treasury is in charge of preparing the County Budget Review

and Outlook Paper


and the County Fiscal Strategy Paper
o Controller of Budgets
o Office of the Governor (the Finance Department)
o Budget Appropriation Committee of the County Assembly
o County Assembly through the Speaker
o Office of the Governor to assent to the Appropriation Law
o Citizens: they give their views through the County Executive
Committee member for
finance who should ensure that there is public participation in the
budget process

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5

Section D: Expenditure control and oversights


In each county government, there is established a County Revenue Fund
where all money
raised or received by or on behalf of the county is paid except money
excluded by an Act of
Parliament.
Withdrawals from the Fund is guided by an Act of Parliament or by
County Legislation and
authorized by an appropriation by legislation of the county.
Money can be withdrawn from the Fund only with the approval of the
Controller of Budget and
county governments must maintain proper and adequate financial
management systems to
ensure controls. County governments must be fully accountable to the
public on the
expenditure and utilization of the funds of the county.
Oversight role of the County Assembly
The County Assembly has the oversight role over the executive and any
other county executive
organs. As such the County Assembly must respect the principle of
separation of powers while
overseeing the County expenditures.
Further, the County has an Internal Audit whose function is to ensure
that there is both
expenditure control and transparency in all county government financial
operations. Internal
auditing is one of the established systems of providing the required
financial controls in the
county government institutions. The National and County governments are
supposed to make
their own budgets and give the period by which it is supposed to be
submitted to parliament as
per Article 220 and 221.
Each County Government is supposed to prepare and adopt its own
annual budget and
Appropriation law as stipulated in Article 224 with details on
responsibilities of the County
Government in Public Finance Management Act.

The County may establish other public funds with the approval of the
Executive and the County
Assembly and the County Treasury is obligated to submit to the County
Assembly a statement
setting out the debt management strategy of the County Government over
the medium term
by 28th February of each financial year. The statement ought to include its
actual liability and
potential liability in respect of loans and how to deal with them. Important to
note, by 15th June
of each financial year, preparation of the annual cash projections for the
County for the next
financial year should be submitted to the Controller of Budget.

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6

PART 7: COMMUNITY MOBILISATION AND ORGANISING FOR CHANGE


Introduction
This Part gives the role and responsibility of individual citizens to mobilize
and organize for
collective change and development of their localities. Individual and
community roles have
been entrenched in the constitution through the public participation clauses
in Articles 1 (4);
10(2); 11(7); 35; 118; 119; 174; 184 (1); 196; 201; 232 among many others
in the Constitution.
Further the national values and principles of governance are strong points on
the role and
responsibilities of individual citizens to promote and protect these values and
principles. Also
devolution can only work and have meaning if the role and responsibilities of
individual citizens
in development is guaranteed.
Purpose
The purpose of this part is to ensure individual and collective transformation
of attitudes,
beliefs, culture and behaviour towards a better Makueni County where all
structures and
organs of the government work with the people and stakeholders for
collective development of
the county starting from the households. To this regard, Article 174 on all
objects of devolution
remains that critical.
Objectives
o To create and enhance awareness on the importance of individual and
community
identification and definition of their developmental challenges
o To illustrate on the place of individual and community mobilization and
organizing for
socioeconomic and political change from an informed point of view
o To nurture a culture of individual and collective responsibility, with
ownership and
sustainability of development projects and programmes

Section A: Defining and Identification of the Societys Development


Issues and
Challenges
a) Identification and definition and of the society problems might look easy
but this is where
many things go wrong for lack of proper definition and identification of the
problem.
Understanding the problem and what it entails is important. They say a
problem known is
half solved.
Therefore care should be taken in establishing whether the societal problems
or issues relates
to;

poor accessibility of the public services deserved by the people;


5

lack of affordability of the services (e.g. health, education, etc.);


poor quality of the services;
lack of adequacy of the services or
lack of its availability among other human rights based qualities.

The societal problem can as well be the individual problem hence the need
for collective
approach. Article 43 of the Constitution can also create entry point to what is
required in
problem identification and definition in terms of accessibility, availability,
affordability,
adequacy, quality among others. These might as well require needs
assessment and mapping
techniques, including ranking or prioritization to know which ones are critical
to deal with.
NB: Under this item, it is important to know the Contents of the Makueni
County Integrated
Development Plan and what it says about addressing some of the
identified and defined
County Issues (problems). This would create and open avenues towards a
closer working
relationship with the County Structures and Organs as they implement the
County Integrated
Development Plan.
b) Research and identify all the knowledge and information that might help
you to know more
about the problem. By this it means doing research and gathering any
information, data and
what the Constitution says about the problem, the parliamentary Laws
and Acts, the County
Laws and Policies, and Programmes say about the problem including any
interventions that
might be planned or ongoing.
c) Identify the stakeholders who relate and connect with the problem
including those
supporting or opposed to the proposed solution to the problem. The list of
stakeholders can
be very broad depending on the interests identified and defined per each
problem defined.

Make sure that the list of stakeholders is exhausted to the best of your
abilities and the
interests they represent on the problem.
d) Define possible intervention strategies towards sustainable solution to the
problem then
move to Section B below.

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8

Key Questions:
o What are some of socioeconomic and cultural challenges you face in your
area?
o What are the underlying causes to these challenges?
o What have you done about these challenges?
o What do you think should be done to address these challenges?
o What do you think the County Government can do to address the
challenges?
o Has the problem been addressed in the County Integrated Development
Scenario of Twone Vaasa Cooperative Society
Due to poor marketing of mangoes in Kitumbi Location, the families in
the location came
together and formed a group known as Twone Vaasa Self Help Group to seek
where to market
their produce. They wrote a proposal and took it to agents who could
facilitate the export of
their mangoes. After ground discussion, the agent agreed to buy the
mangoes from the
members of the group at Kshs. 10/= per piece. The Self Help Group
has grown and the
Agricultural
Development
Board
(ADB)
has helped
linkproblem?
the Group with
How did
the families of
Kitumbi
location
identifyto
their
the Agents. This
What motivated them to form the Twone Vaasa Self Help Group?
stands up to today and it is a successful story. The Self Help Group aims to
lessons
be anWhat
example
of acan you learn from Twone Vaasa Self Help Group?
WhatCooperative
new ideas can
you share
Vaasa Self
Help Group
successful
Society
in thewith
longTwone
run, involved
in large
Mangofor
their
growth?
Business.
Discussions

Section B: Solution Seeking through Community Mobilization and


organizational
skills
a) Individual and Community mobilization
It is your duty and responsibility to come up with different projects and
capacities within your

locality or from outside that would lead towards solution seeking to the
problem earlier
identified and defined. Groups such as youth groups, selfhelp groups and
women groups,
including other community based organizations have greater abilities of
mobilizing for
community resources and actions towards development with less reliance on
external inputs
for sustainability unless they are faced with technical challenges. Although
groups are in a
better position of getting support from other development agencies,
utilization of local

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9

resources bring about creativity and leads to greater sustainability.


Community mobilization
and organizing skills are highly required here, including knowing what is in
the community.
b) Prioritization of projects and interventions to undertake
Chances are you might have various projects that need your action.
Therefore prioritization is
vital. It is your responsibility to actively participate in the decision making
process, especially in
identification of genuine priorities to be undertaken for development. Thus
you should involve
yourself in listing issues that affect you in farming, business, trade, schools,
health, roads,
forests, natural resources etc. Prioritizing interventions in selection of the
right projects which
need to be initiated to solve the community issues identified is that critical.
c) Development of an action plan on a specific prioritized project
or intervention
It is important to note that action plans and actions are what will bring about
the actual desired
change whether of behaviour, attitudes and traditions towards collective
social, economic and
political development. This can be cyclic and may include;
o List of the number of activities to be undertaken towards the desired
change
o Definition of when and what time should which activity be undertaken
o Identification of who is responsible and who should be informed
o Identification of the resources required including money, time ,facilities
and equipments
and human capital
o Identification of how long should the activities take to avoid boredom
o Provision of avenues for tracking results
o Provision of avenues for evaluating and lesson learning for all members
(taking note of
what is changing or not changing)

o Organizing for replanning and sustaining the best practices


d) Resource Mobilization
All those involved have to mobilize the resources to be utilized during the
projects
implementation process. The resources may be in form of human labor,
technical experts,
material and financial support. Use of local resources enhances the sense of
ownership of the
project because they have contributed towards its success as well as leads to
sustainability of
the project in terms of what role each plays before, during and after the
project completion.

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0

e) Implementation
It is your responsibility to be involved in the implementation and
management of the project
activities for its success. This can greatly improve the efficiency of
development work and
eliminate many of the problems regarding proprietorship of development
activities at the
community level. During implementation, care should be ensured that all
parties and members
are involved and engaged to avoid alienation and desperation. At this stage
also ensure there is
effective public relations and communication with feedback. The public
should be with you and
following what you are doing in relation to their desired change. Many people
might as well join
in for collective success especially when benefits are foreseen. Also
assignment of
responsibilities, documentation, keeping proper records for future reference
and reporting on
what is happening at every stage of development goes into this, especially
under the
monitoring element.
f) Monitoring, Evaluation and Learning
You should be actively involved in monitoring and evaluating all community
projects as the
beneficiary. You will be in a good position to know the progress of the project
and take required
action towards improving any activity for the success of the project. Also you
should be
involved in community project evaluation to determine whether you are
achieving the planned
results, objectives and goals.
Effective monitoring and evaluation calls for public participation. This is
critical as it provides for
lesson learning with involvement and information sharing, correcting what
might be going
wrong and sharing successes and failures together.
g) Networking

You should have networks and contacts that would provide avenues for
strengthening your
work. Better linkages between communities and development institutions,
including the County
Government officers is helpful. Approach the government or NGOs to
support your work with
any support like technical skills or funds to make the project implementation
easy and results
oriented.
Other areas for community mobilization for collective development
include;
o Participating in election and referenda
The citizens also have the responsibility to practice their sovereign power
and political right as
per Chapter 4, Article 38 of our Constitution by registering as voters and
participating in
elections process of their representatives as they play a critical role in the
projects you might be
engaged in for development. They provide oversight as well.
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1

Teaser
o You go to a polling station at 10am to vote. The polling station is closed
and when asking
for permission to vote you are blocked and told, You dont need to
vote, we did it for
you What will you do in such as case? Who will you talk to?
o Give other examples were your right to elect your leaders of choice are
often violated or
you saw others being violated?
o Recalling non performing representatives
In Article 104, citizens have the right to recall Member of Parliament
representing their
constituency before their term is over in case he or she does not perform as
per their
expectations. Even members of the County Assembly can be recalled under
that County
Government Act, Part IV, Section 27 and 28.
o Petitioning Parliament and County Assembly
Under Article 119 every person has a right to petition parliament to consider
any matter within
its authority, including enacting, amending or repealing any legislation and
County
Governments Act, Part III, section 15 respectively.
o Paying taxes and levies
The citizens have the obligation to pay taxes and levies to sustain their
governments (both the
national and county).

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2

PART 8: PUBLIC PARTICIPATION IN DEVELOPMENT


Introduction
This Part enables the reader to understand the meaning and purpose of
public participation in
development. Connected to Chapter 7, this Chapter strengthens the process
that provides
private individuals and groups an opportunity to influence public decisions for
their collective
development, which is a long term component of a democratic decision
making process. Also as
a means, public participation ensures that citizens have a direct voice in
public decisions where
terms like "citizen" and "public," and "involvement" and "participation" are
often used
interchangeably. The use of public participation is preferred due to the
expansive nature of
citizens hence placing roles and responsibilities on individuals, hence still
emphasizing Articles 1
(4); 10(2); 11(7); 35; 118; 119; 174; 184 (1); 196; 201; 232 of the
Constitution among many
others.
Purpose
The purpose of this part is to enhance understanding on what public
participation is and what it
entails, the principles and values that promote public participation, some of
the approaches to
an effective public participation and some of the key development sectors
that demand
effective and efficient public participation for transformative development,
with change of
attitudes,
beliefs, Questions:
cultures and behaviours.
Key
Discussion
Objectives
o In your own view and understanding, who is the public and what is
participation?
To enhance understanding on public participation and the principles
public
andovalues
thatit be exercised effectively and efficiently?
How can
it
o promote
Is it happening
in our Makueni County through the devolved system of
government and
To localize and relate public participation to the development
how?
challenges and needs in
o How are individuals, groups and communities informed and involved of
Makueni County
their

To assist in identifying some of the approaches to effective public

participation and the


link to development activities, projects and programmes.
Section A: Understanding Public Participation

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3

people be paid to participate?


o What can I (we) do to improve and promote our participation in
development work in
our county?
In development processes, the public starts with an individual person to
include groups and
communities whether mobilized/organized or not. Through the community
lenses, the public
can be categorized into five groups including:
the organized public (these are the selfhelp groups; community based
organizations;
chamas, among many others, with clear goals or objectives to be met)
the general public as individuals (they largely act spontaneous and
dissolve once their
objective is realized. Others might take achievement of their objective
or goal as a tool
towards mobilizing and organizing for other activities, projects or
programmes);

community or local politicians and leaders;

public interest groups (as nongovernmental organizations pursuing any


goals, activities,
projects;
faith basedorganizations;
community
and groups;
What
principles
and values ought tobusiness
be considered
to guarantee
public
among
others).
participation in
These are largely legally recognized through their mandates and roles;
development?
What demonstrates that people are participating in their development
local experts who take various professions and are based in the
activities,
communities. They are
projects and programmes
also taken as opinion shapers in the communities they are in;
What illustrates that people are developed economically, socially,
politically,
culturally,
Section B:
Principles and Values of Public Participation

Some of the values and principles that sustain active citizen participation in

development
include;
o Transparency and accountability of the leadership and the members as
well
o Inclusiveness of all members in the activities of the organization or
group
o Integrity of the leadership and the members as well
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4

o Rule of law when conflicts emerge that cannot be solved as per the laid
down
procedures
o Good governance and best practices of the group to motivate the
members
o Nondiscrimination and equality of all persons who intent to join
o Public participation of all members
o Consultation of and by the leadership
o Enabling environment to generate ideas with creativity and motivation
o Respect for human dignity and rights
o Capacity building of the weak members to be leaders of the group
o Sustainability of the initiated projects and programmes
o Unity of the members as a strength of the group or association
Section C: Approaches, Techniques and Benefits of an Effective
Public Participation
The approaches to public participation are largely classified into;
The technocratic approach or the top down approach. This is
applied largely in the
technical and scientific knowledge where expertise, techniques and
other technical
methods to problem solving are involved. It exploits the extrapolation
or estimates of
scientific knowledge and issues, and is concerned with the resolution of
important
normative or societal issues. It has mixed results both technical and
value components,
for some facts are hard to challenge due to the scientific approaches
and tendencies
involved.
The democratic approach or the bottom up/middle up
approach. It is democratic as it
assumes that all those who are affected by a given decision have the
right to participate
in the making of that decision. Through this, public participation is

either direct or
indirect through their representatives. It is anchored on the
accessibility of the
processes and/or the responsiveness of the policy directions to those
who are affected
by it, rather than the efficiency or rationality of the decision. Many of
the socio
economic and political development projects prefer this approach for
its people driven
and centered.
Based on these two broad approaches highlighted above, the techniques to
an effective public
participation include
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5

Publicity: this is purely designed to persuade and facilitate public


support, for the public
to buyin to a development event, activity, project or programme. It
assumes that the
public are passive consumers due to their low levels of information or
awareness; hence
they ought to be aroused to participate in the processes with very
minimal feedback if
any.
Public Education: this is more of awareness raising, presenting
relatively complete and
balanced information so that citizens may draw their own conclusions
to the activity,
project, programme or course being advocated for or advanced. It is a
precursor to
effective participation as people are made aware with an objective,
impartial and non
partisan information and knowledge.
Public Input: this solicits ideas and opinions from the public. It is most
effective when
combined with feedback mechanisms which inform the planner and the
participants of
the extent to which their inputs have influenced or will influence the
ultimate decisions
towards the future. A good example is how the Makueni County
Integrated
Development Plan was developed with the public giving their inputs
and feedback.
Public Interaction: this facilitates the exchange of information and
ideas among the
public, planners, and the decision makers. When this technique is
effectively utilized,
each participant has the opportunity to express his or her views,
respond to the ideas of
others, and work towards a consensus. It takes time but achieves more
clear
What are some of the benefits of an effective public participation?
with
Which
these
benefits
been realized
in your locality and in which
resultsof
being
seen
by allhave
participating
parties.
activity, project
Public
Partnerships: this offers the public a formalized and
or programme?
recognized role and

responsibilities in shaping their ultimate decisions. It is the desired


plateau for
democratic development and all parties are informed and actively
playing their roles in
all sectors of development (health, education, infrastructure, water,
food, housing,
environment, sanitation, natural resources among many others).
It is important to note and appreciate that all these techniques can be used
interchangeably
e.g. public meeting can have inputs, education and interactions at the same
time although
publicity rarely has these. Also the technique to be used depends on the
number of participants
targeted, the information to be passed and feedback being sought.
Discussion questions

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6

What approaches and techniques were used to ensure effective public


participation in
the activities, projects or programmes mentioned above?
Through these approaches and techniques, what is the place of public
participation to
the development work in the County?
Under what forum or platform will you ensure effective public
In development work, public participation has taken centre stage throughout
the whole process
of project management, starting with the identification of the projects to their
implementation,
monitoring and evaluation. Public participation ensures and builds credibility
of the activities,
projects and programmes to be identified for development, their
implementation including
those to be affected by the projects. Through it, public concerns and values
are identified and
help to develop consensus among the projects affected persons, hence
reduces tensions and
conflicts by informing while producing better technical decisions and
enhancing democratic
practices.
In the project planning process, public participation provides information and
ideas on public
issues, enables public support for planning decisions, avoids protracted
conflicts and costly
delays and acts as a reservoir of good will which can carry over to future
decisions while
enhancing spirit of cooperation and trust between the agencies involved and
the intended
beneficiaries.
Section D: Some Areas that Demand Effective Public Participation
Largely all areas that touch on public affairs demand effective public
participation. These
include;
The health sector: this is an area of keen interest to individuals, groups
and communities
and especially under the community health management system

The education sector: kindergartens, nurseries, primary schools,


secondary schools and
even tertiary colleges
The water and sanitation sector: the management of all water
resources and sources,
wet lands among others
The natural resources and environment management especially public
lands, sand, trees
and forests. This is an area of attention as it relates to charcoal burning
and the need for
reforestations.

Infrastructure such as roads and communication systems


6

Discussion points
Do we have public lands in Makueni County? Where are they and how
are they
managed?
How is the preprimary education, primary and secondary schools
management in your
locality?
What are some of the challenges witnessed in the management of the
above public
institutions?
Why do these challenges occur? Where are the gaps in ensuring that
they are effectively
run and managed?

What is your role and responsibility in ensuring that the above public

PART 9: LAWS GOVERNING AND RELATING TO DEVOLVED SYSTEM OF


GOVERNMENT
Introduction
This Part anchors the civic education, community mobilization and
organizing, public
participation and all other related development processes under the laws
that govern Kenya as
a country and the County Government. Of critical importance being Chapter
Four and Eleven of
the Constitution on Bill of Rights and the Devolved Government, chapters
that link and relate
directly with peoples foundations, dreams and aspirations, not underrating
the other Chapters
as the Constitution is the supreme legal documents directing all operations of
the devolved
government and the Kenyan State. This Chapter only highlights some of the
essential
devolution laws and this is not exhaustive. The reader should keep on
advancing their legal
knowledge on more related laws for legally informed discussions,
deliberations and
engagements with both the national and county governments.
Purpose
The purpose of this chapter is to highlight some of the key devolution laws
that should guide
the people and the devolved government in respecting, protecting, fulfilling
and even providing
the desired peoples services at the county level, with accountability,
transparency and public
participation. The laws give powers of selfgovernance to the people through
their county
governments and recognize the right of communities to manage their own
affairs and to further
their development under the rule of law principles.
Objectives
To provide avenues for legal knowledge to the devolved system of
governance and how
it should be realized and protected
To provide basis for legal interventions towards enhancing promotion
and protection of

rights of the people at the county level


To highlight the legal basis for public participation in the management
of all public
affairs while also providing avenues towards mobilization and
organizing for change and
development.
The Laws Supporting County Governments
The Constitution: this is the Supreme Law of Kenya, binds all persons and
all state organs at
both levels of government. All Acts of Parliament, Legislative assemblies
including those of
County Assemblies and County Governments should derive their authority
from the
Constitution.

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The Basic Education Act, No. 14 of 2013: this is the law that gives effect
to Article 53 of the
Constitution on the rights of every child in Kenya including free and
compulsory basic
education. The Act provides for accreditation, registration, governance and
management of
institutions of basic education such as preprimary educational institutions
including nursery
schools. It also provides for the establishment of the National Education
Board, the Education
Standards and Quality Assurance Commission and the County Education
Board. This is a law
that should be read and understood in the contexts of what is happening at
the county level in
terms of basic education including adult education which has been placed
under the County
government. The management of basic education in the county, just like in
any other place in
the country, had been neglected yet it remains that essential as the
foundation of continuous
learning and education. As people of Makueni, this is a law we should read
and understand to
participate and promote quality management of the preprimary educational
institutions.
The Constituencies Development Fund (CDF) Act, No. 30 of 2013: the
purpose of this Act is to
ensure that infrastructural development, wealth creation and the fight
against poverty at the
constituency level is enhanced. From the national fund, the CDF is of an
For discussions
amount not less than
2.5%
(two and
half percent)
allCounty
the national
government
revenue
What
is composition
of of
the
Projects
Committeeordinary
and what
is the
collected
in
every
role of the
financial
year. TheinCDF
additional revenue
to the county governments as
Committee
the is
management
of the CDF?
under Article 202 (2)
Should the Constituency Development Fund be coordinated, managed
of
the
Constitution and it should be administered by the Constituencies
and administered
Development Fund
by and through the County Governments?
Board at the national level. At the Constituency level, there is the
How effective is the ward development committee in your locality and
Constituency Development
Fund Committee, which is supposed to list all the proposed constituency
based projects to be
covered and submits these to the Board through the chairman of the
Constituency

Development Fund Committee. Individuals, groups, communities and the


public in every
constituency must participate to propose and agree on the projects to be
submitted to the
Board. And also they should inform themselves of those funded and
supported for proper
implementation, monitoring and auditing, while ensuring accountability and
transparency, as
the projects must be community based and community owned

The County Governments Act, No. 17 of 2012: this is one of the


essential laws in understanding
devolved system of government as it gives effect to Chapter Eleven of the
Constitution,
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provides for county governments' powers, functions and responsibilities to


deliver services.
Under this Act, county governments are responsible for county legislations,
exercising executive
functions as provided for in Article 186 and assigned in the Fourth Schedule
of the Constitution
among many other functions including establishing and staffing of its public
service. This Act
expounds Chapter 3 of this Handbook and the public should enhance their
understanding by
fully reading the Act.
The County Governments Public Finance Management Transition Act,
No. 8 of 2013: this Act
provides for the framework transition to the devolved system of government
including the
establishment and functions of Transition County Treasuries, the transition
county budget
processes and the transition revenue raising measures and expenditures for
county
governments. It also highlights the responsibilities of Transition County
Accounting Officers and
the receivers of revenue. As was highlighted in the Auditor Generals report,
many things
happened during the transition period and left marks of accountability in how
the transition
was effected.
The Division of Revenue Act, No. 31 of 2013: this Act provides for the
equitable division of
revenue raised nationally between the national and county governments
under Article 203 of
the Constitution and also for the drawing of unconditional and conditional
grants from the
share of revenue of the National Government including the financing of
services in accordance
with Articles 187 of the Constitution. The role of the Senate in the Division of
Revenue was
emphasized by the Supreme Court after the National Assembly had pushed
to arrogate itself
the powers singularly ensure the division of the revenue remains under its
armpits.

The Intergovernmental Relations Act, No. 2 of 2012: the Act


establishes a framework for
consultation and cooperation between the national and county governments
and amongst the
county governments. It also establishes mechanisms for the resolution of
intergovernmental
disputes pursuant to Articles 6 and 189 of the Constitution. The
intergovernmental relations
should be guided by principles of the sovereignty of the people as provided
for under Article 1
of the Constitution, inclusiveness and participatory governance while
promoting equality and
equity in service delivery. Under this, there is the National and County
Government
Coordinating Summit which is the apex body for intergovernmental relations.
The National Government Coordination Act, No. 1 of 2013: this Act
establishes the
administrative and institutional framework for coordination of the national
government
functions at the national, county levels and other decentralized units of
governance. The Act
gives effect to Articles 131 and 132 of the Constitution. Under the Act, the
national government
should ensure reasonable access to its services in all parts of the Republic
through the cabinet
secretaries and principal secretaries who are heads of departments. The
National Government
Administrative Officers include the county commissioner in respect of every
county, the deputy
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county commissioner in respect of every subcounty, an assistant county


commissioner in
respect of every ward, a chief in respect of every location, an assistant chief
in respect of every
sublocation and any other national government administrative officer in
respect of a service
delivery unit established under the Act.
The Public Finance Management Act, No. 18 of 2012: this is one of the
essential and extensive
Acts with 210 sections of the law to promote accountability and transparency
in the
management of public funds through events, activities, projects and
programmes. It provides
for the effective management of public finances by the national and county
governments, the
oversight responsibility of Parliament and the county assemblies and
different responsibilities
of government entities and other agencies. Under this Act, it is the National
Treasury that
administers the Consolidated Fund in accordance with Article 206 of the
Constitution and the
Equalization Fund, with the Cabinet Secretary of Finance being in charge of
Contingencies Fund.
The Act also establishes the County Treasury comprising of the County
Executive Committee
member for finance, the Chief Officer and the department or departments of
the County
Treasury responsible for financial and fiscal matters. The County has the
Revenue Fund and can
also establish the County Emergency Fund. Section 125 of the Act provides
the process through
which the County government prepares the budget through stages that must
have public
participation.
The Transition County Allocation of Revenue Act, No. 6 of 2013: this
law provided for
allocations for wages and administration costs for the county executive and
county assemblies
for the period between March and June, 2013. It also spelt out the
responsibilities of the
national and county governments under the said period in relation to wages

and administration
costs. It also provided for sharing of revenue raised nationally among the
county governments
for the purpose of wages and administration costs and any other expenses
for the county
executive and county assemblies during the transition period and facilitated
the transfer of
county allocations from the Consolidated Fund to the relevant County
Revenue Fund during the
stated period.
The Transition County Appropriation Act, No. 7 of 2013: this Act
provided for appropriation of
funds during the transition to the County Governments. The Act authorized
the issue of money
out of the relevant County Revenue Fund and its application towards the
service of the year
ending 30th June, 2013 as from 1st January, 2013. During the period ending
30th June 2013,
Makueni County required Kshs. 224, 836, 164 for salaries and other
expenses. The County now
has its Appropriation Act to guide in all revenue use.
The Transition to Devolved Government Act, No. 1 of 2012: the Act
provided a framework for
the transition to devolved government as per section 15 of the Sixth
Schedule to the
Constitution. The Act provided a legal and institutional framework for
coordinated transition to
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the devolved system of government while ensuring continued delivery of


services to citizens
and also for the transfer of powers and functions to the national and county
governments. It
also provided policy and operational mechanisms during the transition period
for audit,
verification and transfer to the national and county governments, among
these being the assets
and liabilities, human resources, pensions and other staff benefits of
employees of the
government and local authorities, including closure and transfer of public
records.
The Urban and Cities Act, No. 13 of 2011: the Act defines what an urban
area and city is, giving
meaning to Article 184 of the Constitution. The Act provides for the
classification, governance
and management of urban areas and cities and also provides for the criteria
of establishing
urban areas while ensuring principles of governance and participation of
residents, while also
providing room for repeal of Cap 265 the Local Government Act. Under this
law, urban area is
a municipality or a town. A town has a population of at least ten thousand
residents according
to the final gazetted results of the latest population census and should
demonstrate economic,
functional and financial viability, a municipal has a population of at least two
hundred and fifty
thousand residents and a city has a population of at least five hundred
thousand residents. The
city status should be applied for, with an integrated urban area or city
development plan
among other requirements as listed in the law.
The National Land Commission Act, No. 5 of 2012: the Act provides for
the functions and
powers of the National Land Commission as per Article 60 of the Constitution
and the National
Land Policy, and gives effect to the objects and principles of devolved
government in land
management and administration. The Act gives functions of the Commission
as among others

manage public land on behalf of the national and county governments,


recommend a national
land policy to the national government, advise the national government on a
comprehensive
programme for the registration of title in land throughout Kenya, initiate
investigations, on its
own initiative or on a complaint, into present or historical land injustices, and
recommend
appropriate redress. The Commission is mandated to establish offices in the
counties and even
at the subcounty levels where it considers necessary. Also, in consultation
and cooperation
with the national and county governments, establish County Land
Management Boards for
purposes of managing public land. A member shall be appointed to such a
Board for a single
term of five years and shall not be eligible for reappointment. It will be
important for the
citizens to play critical roles in the County Land Management Boards, as they
shall, subject to
the physical planning and survey requirements, process applications for
allocation of land,
change and ensure extension of usage, subdivide public land and renew land
leases as well as
perform any other functions assigned by the Commission or by any other
written law.
NOTE: These laws among others should be read together with other Kenyan
laws such as the
National Police Service Commission Act, 2011, the National Police Service
Act, 2011 and the
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Independent Policing Oversight Authority Act, 2010 that touch on security


matters of the
country. Further, laws keep on changing and it would be important for the
reader to keep
abreast with the changes being made or proposed, and how they affect their
livelihoods.

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Glossary
CA...County Assembly
CASB..County Assembly Service Board
CEC.County Executive Committee
CDF.Constituency Development Fund
CIDPCounty Integrated Development Plan
CKRC..Constitution of Kenya Review Commission
CPSBCounty Public Service Board
FGDsFocused Group Discussions
ICT.. Information, Communication Technology
IPPG.InterParty Parliamentary Group
LSKLaw Society of Kenya
MCAMember of County Assembly
MNAMember of National Assembly
NCEC..National Convention Executive Council
NGOs..NonGovernmental Organizations
NLC..National Land Commission
PSCParliamentary Select Committee
PWDs..Persons with Disabilities
4CsCitizens Coalition for Constitutional
Change (Culture)

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References
World Vision, Kenya. A Guide for NonState Actors in Devolved
Governance. 2012
http://reliefweb.int/report/kenya/guidenonstateactorsdevolved
governance
Coudouel, Dani, and S. Paternostro, eds. 2006. Poverty and Social
Impact Analysis of
Reforms: Lessons and Examples from Implementation. Washington, DC:
World Bank.
Goldsmith, William W. 1999. Participatory Budgeting in Brazil. New
York: Planners
Network.
http://www.plannersnetwork.org/htm/pub/working
papers/brazil/brazil_goldsmith.pdf.
Leonardo Avritzer (2012): The different designs of public participation in
Brazil:
deliberation, power sharing and public ratification, Critical Policy
Studies, 6:2, 113127.
http://dx.doi.org/10.1080/19460171.2012.689732
Africog.Public Participation and Parliamentary Oversight: Legal Reforms
and Policy
Options. http://www.africog.org/sites/default/files/Final_Policy_Brief.pdf

Planning Analysis: The Theory of Citizen


Participationhttp://pages.uoregon.edu/rgp/PPPM613/class10theory.htm

United Nations: A New Partnership: Eradicate Poverty and Transform


Economies
through Sustainable Development, 2013. New York. http://
un.org/publications

Constitution of Kenya: http://kenyalaw.org/kl/index.php?id=398

County Government Act, 2012: http://kenyalaw.org/kl/index.php?


id=3979

Intergovernmental Relation Act, 2012: http://kenyalaw.org/kl/index.php?

id=3979
Public Finance Management Act, 2013:http://kenyalaw.org/kl/index.php?
id=3979

Kenya Vision 2030: http://www.vision2030.go.ke/

Makueni County Integrated Development Plan 20132017:


http://www.kenyampya.com/userfiles/Makueni%20CIDP
%20sept2013%281%29.pdf

Makueni County Finance Act, 2013 http://www.makueni.go.ke/


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Making Informed Choices, A Handbook for Civic Education (2001),


Nairobi, Kenya.

Uraia Trust Handbook in Civic Education

Kenya Law Reports: www.kenyalaw.org

County Government Website: http://www.makueni.go.ke

http://www.kenyampya.com/index.php?c ounty=Makueni

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