Professional Documents
Culture Documents
FOR
CIVIC
EDUCATION
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
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.
H. E Prof. KivuthaKibwana
AdelinaMwau
H.E Ms.
Deputy
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
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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 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
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
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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?
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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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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 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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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
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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.
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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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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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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2
9
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
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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Management
Trade, Industry,
Tourism
and Cooperatives
Transport and
County
Infrastructure
Water and
Irrigation
Services
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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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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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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
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
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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
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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
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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?
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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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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o List any other violations to clean and healthy environment you know
of around your
locality or area.
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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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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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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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.
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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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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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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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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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
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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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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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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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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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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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
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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
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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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
id=3979
Public Finance Management Act, 2013:http://kenyalaw.org/kl/index.php?
id=3979
http://www.kenyampya.com/index.php?c ounty=Makueni
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