CIVIC EDUCATION

CENTER FOR LEADERSHIP DEVELOPMENT AFRICA ( CLAD-AFRICA) Anna Mwaure & Pauline Lugaba

Responsible Citizenship

CLAD AFRICA

Why this Education?

1. “Knowledge is Power” … Sir Francis Bacon

And more so if it is shared

2. “People perish for lack of Knowledge” … Hos 4:6

So there is a necessity to pass on knowledge

Why Be Informed? What you do not know will harm you. Unless you know you will be taken

advantage of by those who know. Ignorance is not bliss. For example, there are things referred in elections as Party Lists are very important. They are to be given to IEBC by or before nominations of candidates. If a popular party nominates you on the Party List, you are as good as elected if you among the top. If you are in the bottom you know you will not be reached easily.

Information is power and the knowledge empowers one to take appropriate action.

The right to ask The prodigal son asked his father for

his rights It is right to ask for our rights What is wrong is to misuse our rights

like the prodigal son There are numerous rights set out in

the Constitution If we do not know them they are of

no use to us

The New Constitution Our new constitution passed in

August 2010 is the Supreme Law of the nation.

Article 3(1) provides - Every Kenyan should respect, uphold and protect the constitution.

And yet we cannot do that unless we know what it contains.

This presentation will cover:ExecutiveLegislatureJudiciaryDevolutionElections

Executive

Executive: Clauses 129 - 158

The National Executive will Consist of:The PresidentThe Deputy President (the Presidents

running mate)Attorney General – no security of tenure,

appointed with approval of National Assembly

14-22 Cabinet Secretaries(ministers) who will not be members of parliament, unlike how it is now

These will be appointed by the President with the approval of the National Assembly.

Executive President is elected on a threshold of:

1. 50% +1 vote2. 25% vote of 24 counties

President can be impeached for gross misconduct

Cabinet of 14 to 22 members Appointments by president must be

approved by parliament President, Deputy President and

Cabinet are not Members of Parliament

Executive Powers of the president(among

others) are: Head of state and government Commander in Chief of the armed forces Chairperson of the National Security

Council Symbol of National Unity Chairs the cabinet Receive foreign diplomats Confers honors Power of mercy

PRESIDENTIAL RE-RUNS In Clause 138 ( 5) if no candidate wins

elections a re-run will be held within 30 days after the previous elections

The re run will only be between the two top candidates.

The results of Presidential elections must be announced within seven days after elections

Swearing in must be within 14 days after announcement of elections if no petition or 7 days after the court declares elections valid

Swearing in must be in Public and must be conducted by the Chief Justice

ELECTION PETITIONS Election petitions should be filed in the

supreme court and should be filed within 7 days after declaring of the results.

Within 14 days after filing petition the supreme court must hear and determine the petition

60 days after petition is heard and determined fresh presidential elections will be held.

LEGISLATURE CL.93-128

Parliament Parliament will be made up of 2

houses/parliaments

A)National Assembly B)Senate

The National AssemblyTotal of 349 Members and Speaker 290 members of parliament elected in each

constituency The Independent and Electoral Boundaries Commission

(IEBC) has already delineated the Constituencies which are still not fully accepted by all the parties.

S27 ( 8) Not more than 2/3rds must be of one gender ( about 96)

Parliament 47 Women Representatives elected per

County 12 Members nominated by Political Parties –

(from Party Lists) based on proportion of Total Number of seats won

The Speaker elected by members of the National Assembly (The Deputy Speaker will be a Member of Parliament)

The Party Lists are to be submitted to the IEBC at the same time as nominations for the elections.

Senate

The SenateThe Senate

Consists of: 68 Persons47 Members elected by one each by the

Counties16 Women members nominated by

Political Parties (from Party Lists) based on proportion of Total Number of Seats Won out of the 47 above

2 Youth Representatives Nominated by Political Parties – (from Party Lists) based on proportion of Total Number of Seats won

The Senate2 Representatives of Persons with

Disabilities Nominated by Political Parties – (from Party Lists) based on proportion of Total Number of Seats won

Speaker elected by Members of the Senate (the Deputy Speaker will be member of the Senate)

Please note that the President will not be a member of the National Assembly or the Senate

Judiciary-Clauses 159-173

Judiciary Supreme Court, headed by the Chief

Justice Court of Appeal, headed by the President

of the Court of Appeal High Court and other Superior

Courts(labor, land and environment) Magistrates court and Kadhis courts Judicial Service Commission

DEVOLVED GOVERNMENT S 174-200

Devolved GovernmentThe County AssemblyThis will be the parliament of the County. It will make up the laws for the County. It will be made up of:

Ward Representatives (Member of the County Assembly) elected one each per ward.

Nominated Representatives (whether women or men) to be nominated by Political Parties (from Party Lists) to ensure that 2/3rds of the members are not of the same gender. Where the 2/3rds rule is not fulfilled nominations must be done.

Devolved Government2 Youth Representatives and 2 other Marginalized groups (including people with disabilities) Nominated by Political Parties (from Party Lists) as described in the Elections Act

Speaker elected by Members of the County Assembly

2/3rds rule to influence size of assembly

Devolved GovernmentThe County ExecutiveThis is the Cabinet of the County. It will consist of:

County Governor (also called Chief Executive)

Deputy Governor (also called Deputy Chief Executive)

Executives appointed by the County Governor, and approved by the County Assembly, not Members of the County Assembly

Not to exceed 1/3rd of the number assembly or 10 if members are more than 30

Their role is to implement County Laws and County Administration.

Elections

ElectionsWho will be on the ballot box in the elections?1. President (with his running mate for Deputy

President) – must get majority votes and 25% of votes cast in at least ½ of all counties.

2. Member of Parliament for your constituency3. Women Representative of your County in the

National Assembly4. Senator for your County, to sit in the Senate5. Governor (with a running mate for deputy

governor)6. Member of the County Assembly for your

ward.

Elections Each of these will be elected at a General

Election, and will serve for 5 years. President, Deputy President, Governor,

Deputy Governor, must have degrees. Unfortunately the Elections Act does not

say whether it MUST be an academic degree or whether Honorary Degrees are good enough!

All other candidates must hold “post secondary school qualifications recognized in Kenya.”

What does this mean? A diploma, a certificate perhaps!

NOTE The functions of the County

Government are set out in the Fourth Schedule of the Constitution and include: Agriculture County Health Services Control of Air Pollution, Noise

Pollution.etc. Cultural Activities e.t.c

NOTE Devolution:1. Is meant to ensures accountable

exercise of sovereign power2. Grant self-governance to the people3. Protect minorities, marginalized

groups4. Ensure equitable sharing of

resources5. Bring services closer to the people

Devolution

National Responsibilites Foreign Affairs Immigration and

Citizenship Police Services Defense National Referral

Hospitals

County Responsibilities• Agriculture and

Livestock• Health• County Roads• Fire Fighting• County Public

Works• County Transport

Call to Action Vetting of leaders - civil as well as political

leaders; evil prevails when good people keep quiet

Governance – run for office; work with somebody who is running; support good candidates.

Lobby – make a difference or talk to somebody who can.

Change of Laws – be involved in the “public participation” phase, which the constitution provides

Assist in making just laws at the County level

Be Involved, Not Indifferent Vote in and vote out Insist on proper implementation of

Laws and of the constitution itself Write to the newspapers, e.g. on the

current issue of abortion, prostitution, same-sex relations and marriages – other than thinking about it what have you done?

Participate in bringing about the change we want! Occupy until He returns. If you do not, somebody else will.

Conclusion Also be a person of integrity as you

cannot remove a speck from another’s eye if there is a log in yours.

Vet leaders proactively Pray for your country As Christians we allow evil to prosper

when we keep quiet. Let our light shine in the dark world.

NOW YOU KNOW.THINK AND ACT NOW!