B Members who are not members of the assembly and appointed by the County Governor, with the approval of the assembly. They should be not more than ten other. If the assembly has less than thirty members, the members should be One-third of the number of members of the county assembly. NB; Members of a county executive committee are accountable to the county governor for the performance of their functions and exercise of their powers. The appointed members of the county executive committee cease to hold office once the office of the county governor falls vacant. The election of a county governor. The county governor is directly elected by the voters registered in the county at a general election for a term of 5 years. To be eligible for election as county governor, a person must be eligible for election as a member of the county assembly. If re-elected, can serve for another final term of 5 years. Each candidate for election as county governor nominates a person as his her running mate to be the deputy governor. Removal of a County Governor from office. A governor may be removed from office under the following grounds; a Gross violation of the Constitution or any other law. B When the county governor commits a crime under national or international law. C When the governor abuses office or is accused of gross misconduct. D When he she suffers from Physical or mental incapacity that hinders performance of the functions of office. The office of the county governor falls vacant when the holder of office; a Dies. B Resigns, in writing, addressed to the speaker of the county assembly. C Is convicted of an offence punishable by imprisonment for atleast twelve months. D Ceases to be eligible to be elected as a county governor. E Is removed from office under the constitution. The deputy county governor assumes office as a county governor for the remainder of the term of the county governor when a vacancy arises. Where the deputy governor is unable to act or his office is also vacant, the speaker acts as governor and elections must be held within sixty days after the speaker assumes office. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 359 THE COUNTY ASSEMBLY The composition of a County Assembly in Kenya is as follows; A county assembly consists of Members one member per ward elected by the registered voters of the wards in a general election.


The deputy county governor assumes office as a county governor for the remainder of the term of the county governor when a vacancy arises. Where the deputy governor is unable to act or his office is also vacant, the speaker acts as governor and elections must be held within sixty days after the speaker assumes office. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 359 THE COUNTY ASSEMBLY The composition of a County Assembly in Kenya is as follows; A county assembly consists of Members one member per ward elected by the registered voters of the wards in a general election. Members of special seats no more than two-thirds of the membership of the assembly is of the same gender. Members of marginalized groups, including persons with disabilities and the youth. The Speaker, who is an ex officio member. Nb-The members for special seats and marginalized communities are nominated by political parties in proportion to the seats received in the election in a particular county. The functions of a county assembly a County assemblies make laws for the effective performance of the county government. B It acts as a watch dog over the county executive committee. C It receives and approves plans and policies for managing and exploiting the county s resources, and, developing and managing the infrastructure and institutions. Conditions that must be met by a person seeking for election to a County Assembly a The person must be a registered as a voter in his her county. B The person must have been a Kenyan citizen for atleast ten years before the elections. C The person must be able to read and write in English and Kiswahili. D He or she must be of sound mind. E The person must be of unquestionable morals and ethics f If a public officer, he she must relinquish his her public work. G The person must be nominated by a political party h If he she is an independent candidate, must be supported by at least five hundred registered voters in the Ward concerned. I The person must not have been declared bankrupt. J The person must not have served a sentence of imprisonment of more than six months. K The person must not have misused or abused a State or public office. Vacancy in the office of member of county assembly may happen if the member; a Dies. B Is absent from eight sittings of the assembly without permission, in writing, of the speaker of the assembly and is unable to offer satisfactory explanation for the absence.


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. E The Speaker, who shall be an ex officio member. The official languages of parliament are English, Kiswahili and Kenyan sign language. Parliament quorum is 50 members for the national assembly and 15 members for the senate. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 361 Office of parliament The following are the officers of parliament; Speakers and deputy speakers. Two Speakers, ex-officio member, one for each of the two houses. Each is elected by members of the respective house from among persons who are qualified to be elected as members of parliament but are not MPs. A deputy speaker is elected from among members of each of the houses by the mps. Their offices become vacant when; A new house of parliament first meets after an election. When he she resigns, dies. When a house resolution of two-thirds removes him her from office. The speakers Preside at any sitting of the house. In a joint meeting of the two houses, the speaker of the national assembly assisted by that of the senate presides over. The speaker has no vote in parliament and in case of a tie, The question is lost. The six speakers in Kenya since independence include; 1. 2008-upto date- Kenneth Marende. 2. 1993-2007- Francis Ole Kaparo 3. 1991- 1992-Professor Jonathan Ngeno 4. 1988- 1990-Moses Arap Keino 5. 1970 1987-Fredrick Mbiti Mati. 6. 1964-1969-Humphrey Slade became the first speaker of the single house. 7. 1963- Muinga Chokwe speaker of the upper house 8. 1963- Humphrey slade speaker of the lower house . Role of the speaker. A He she presides over the proceedings of the house and ensures that they are conducted in accordance with the rules of procedure. He enforces standing orders in the house. B The speaker disciplines members of the house who violate standing orders by ordering such them to leave the house or be barred from attending three house consecutive sittings. C Maintains order during debates and enforces rules which govern conduct of the house.


He enforces standing orders in the house. B The speaker disciplines members of the house who violate standing orders by ordering such them to leave the house or be barred from attending three house consecutive sittings. C Maintains order during debates and enforces rules which govern conduct of the house. The speaker interprets the rules of the house. D He she gives the MPs chance to contribute towards house debates to ensure that the minority are given a fair hearing before the will of the majority prevails. E He she represents and protects the authority of the house. F He she organizes and determines the business to be conducted in the house by receiving Bills, motions and questions for discussion in the house, and then prepares an order paper. G He she adjourns sittings if the house lacks a quorum. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 362 h He she keeps and maintains the attendance register and grants permission to MPs to be absent from sessions. MPs going out of the country must inform the speaker of their absence from Kenya. I He she heads the National Assembly department and takes charge of its general administration and welfare. He she is responsible for preserving dignity and order and for the comfort and convenience of the members and staff within parliament buildings. J He she chairs the speaker s committee, the committee of powers and Privileges and the Order Committee. K The speaker issues orders and makes rules for the regulation of visitors to parliament and represent parliament in its relations with foreign countries. L The speaker chairs the branches of the commonwealth Parliamentary Association, InterParliamentary Union and the Union of African Parliaments. He she represents Parliament at the commonwealth speaker s conference. M He she declares parliamentary seats vacant and issues writs for general elections and byelections. N He she receives and accepts letters of resignation from members of parliament. O He she swears in members of parliament before participating in the House deliberations. P He, summons parliament to a new when parliamentarians are on recess. Party leaders As part of parliament officers, there is the leader of the majority party and leader of minority party. The majority party leader is the person who is the leader in the national assembly of the largest party or coalition of parties. The minority party leader is the person who is the leader in the national assembly of the second largest party or coalition of parties. Role of party leaders.


The majority party leader is the person who is the leader in the national assembly of the largest party or coalition of parties. The minority party leader is the person who is the leader in the national assembly of the second largest party or coalition of parties. Role of party leaders. A They promote and uphold national unity through party activities. B They enforce adherence to principles of good governance, democracy and upholding human rights and fundamental freedoms and gender equality and equity. C The leaders work to advance the goals of the party and ensure their programme is carried out to the satisfaction of the party. D The leader of the majority party has to ensure and maintain support for legislation. E The leader of the minority party has to protect the rights of the minority. F The leader of the majority party has to ensure accountability and transparency in the party. And the government. Functions of parliament in Kenya. A The elected members of parliament Represents the will of the people, and exercises their sovereignty. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 363 b Parliament considers and passes amendments to the Constitution c It has powers to alter county boundaries as provided for in the Constitution. D Parliament has the duty to protect the Constitution and promote the democratic governance of the Republic. E Parliament is the sole body that has the power to make provision having the force of law in Kenya Functions of the National Assembly in Kenya. A The national assembly represents the will of the people and expresses their sovereignty since it represents people from the 290 constituencies and special interest groups. B The National Assembly deliberates on and resolves issues of concern to the people in the Constituencies and special interest groups. C The National Assembly enacts legislation that affect the nation-not the county government. For example the money bill may be introduced only in the national assembly. D The National Assembly determines the allocation of national revenue between the levels of government it controls revenue and expenditure in the republic. E It appropriates funds for expenditure by the national government and other national State organs it exercises oversight over national revenue and its expenditure. F The National Assembly reviews the conduct in office of the President, the Deputy President and other State officers It may initiate the process of removing them from office. G The National Assembly approves declarations of war and extensions of states of emergency. Functions of the Senate in Kenya. A The Senate represents the counties, and serves to protect the interests of the counties and their governments.


G The National Assembly approves declarations of war and extensions of states of emergency. Functions of the Senate in Kenya. A The Senate represents the counties, and serves to protect the interests of the counties and their governments. B The Senate participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties. C The Senate determines the allocation of national revenue among counties It exercisesoversight over national revenue allocated to the county governments. D The Senate participates in the oversight of State officers by considering and determining any resolution to remove the President or Deputy President from office. The process of law making in Kenya. What is law making? This is the process of enacting new laws or amending the existing ones. The two conditions for the start of a law making process are a The presence of a speaker or his deputy. B A quorum of fifty members of the national assembly. C A quorum of 15 members of the senate. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 364 What is a bill? A bill is a proposed piece of legislation law . Bills originate in the National Assembly. A Bill not concerning county government is considered only in the National Assembly, and passed in accordance with the Standing Orders of the Assembly. A Bill concerning county government may originate in the National Assembly or the Senate, and is passed in accordance with the Standing Orders of the Houses. Bills are classified into two; a Public Bill- these deal with matters of public policy that affect all citizens of Kenya. They are also categorized into two; a. Government Bill-introduced by cabinet secretaries. B. Private member s Bill.-introduced by back-benchers in the national assembly a Private Bill.-this is a bill that affects a particular person, associations or people living in a small part of the country. Money Bill This a bill that has provisions dealing with taxes, payment of charges by public, appropriation , receipt ,custody or issue of public money, raising or guaranteeing of any loan, its repayment or other matters relating to such monies. The process The government departments and public offices to be affected by a bill consult first before it is drafted. A bill is then drafted by the government draftsman the parliamentary counsel in the attorney general s chambers. When the cabinet is satisfied with the draft, it is published in the Kenya gazette at least fourteen days before it is introduced to parliament.


The process The government departments and public offices to be affected by a bill consult first before it is drafted. A bill is then drafted by the government draftsman the parliamentary counsel in the attorney general s chambers. When the cabinet is satisfied with the draft, it is published in the Kenya gazette at least fourteen days before it is introduced to parliament. The main purpose of this is to give the public chance to view and criticize the Bill. The draft proposal is also presented to parliament to give members chance to research on it on preparation for a debate in thefuture. A Bill is first introduced by any member or committee of the relevant House of Parliament, but a money Bill may be introduced only in the National Assembly. Before either House considers a Bill, the Speakers of the National Assembly and Senate jointly resolve any question as to whether it is a Bill concerning counties and, if it is, whether it is a special or an ordinary Bill. When any Bill concerning county government has been passed by one House of Parliament, the Speaker of that House refers it to the Speaker of the other House. If both Houses pass the Bill in the same form, the Speaker of the House in which the Bill originated shall, within seven days, refer the Bill to the President for assent. The National Assembly may amend or veto a special Bill that has been passed by the Senate only by a resolution supported by at least two-thirds of the members of the Assembly. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 365 Within fourteen days after receipt of a Bill, the President assents to the Bill; or refer the Bill back to Parliament for reconsideration by Parliament, noting any reservations that the President has concerning the Bill. When a bill is referred back to parliament, the following procedure is followed; a Parliament may amend the bill in light of the president s reservations or pass the bill a second time without amendments. B If parliament amends the Bill after consideration of the president s reservations, the speaker must resubmit the bill to the president for assent. C Parliament could pass the bill without amendments or with amendments that do not fully accommodate the president s reservations if supported by; Two-thirds of the members of the national assembly, and Two-thirds of the delegations in the senate, if the bill requires approval of the senate. The bill then has to be submitted by the appropriate speaker to the president for assent within seven days.


B If parliament amends the Bill after consideration of the president s reservations, the speaker must resubmit the bill to the president for assent. C Parliament could pass the bill without amendments or with amendments that do not fully accommodate the president s reservations if supported by; Two-thirds of the members of the national assembly, and Two-thirds of the delegations in the senate, if the bill requires approval of the senate. The bill then has to be submitted by the appropriate speaker to the president for assent within seven days. If the president fails to assent the bill within seven days, the bill will be considered acted upon and therefore considered null and void. The process of the bill coming into force as a law. After presidential assent, a Bill becomes a law or an act of parliament. It is then published in the official gazette, the Kenya gazette, within seven days after assent. Sections of it may also be published in the local dailies so as to publicize the law t o all residents in the country. The Act of parliament then comes into force as a law on the fourteenth day after its publication in the Kenya Gazette unless the Act specifies a different date or time when it will come into force. The law then binds everybody in the country. Special Bills concerning county governments. Such Bills, when passed by senate, can only be amended or vetoed by National Assembly by a resolution of 2 3 of the members. When the veto or amend fails to pass, the speaker of the National Assembly must within seven days refer the Bill in the form adopted by the senate to the president for assent. Ordinary Bills concerning counties. If one house passes an ordinary bill concerning counties and the second house rejects it , the Bill must be referred to the mediation committee. A mediation committee refers to a committee comprising equal number of members from both houses appointed by the speaker with the task of formulating a version of the Bill that both Houses could pass. Both houses will then vote to pass or reject the formulated version. The Bill is considered rejected if the committee fails to reach an agreed version within 30 days. If the second House passes it in an amended form, the bill must be taken back to the orig inating house for consideration. If the originating house passes it as amended; it is referred to the president for assent within seven days. If it rejects it, it is referred to the mediation committee.


The Bill is considered rejected if the committee fails to reach an agreed version within 30 days. If the second House passes it in an amended form, the bill must be taken back to the orig inating house for consideration. If the originating house passes it as amended; it is referred to the president for assent within seven days. If it rejects it, it is referred to the mediation committee. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 366 Parliamentary supremacy Meaning of parliamentary supremacy This refers to the sovereign power exercised by parliament which makes law for the country. Parliament is supreme because, through elections, it has the people s mandate to legislate and govern on their behalf and is the only means through which people control government. How parliamentary supremacy is upheld in Kenya. A It is the only Body that makes and repeals laws. Technically, a constitutional court can overrule an act of parliament, but parliament can change the law to prevent that from happening. B Parliament can remove the president from office by impeachment. A member of the national assembly, with the support of at least a third of all the members, may move an impeachment motion. C Parliament through an amendment of the constitution, can limit the powers of the executive. It can also pass a vote of no confidence in the government, compelling the president and his her cabinet secretaries to resign. D Cabinet secretaries are accountable to the parliament for their activities in the ministries under their control. They have to answer questions in parliament about their ministries. E Bills prepared by the cabinet have to be legislated by parliament, which is a law making body. F Parliament has to approve government expenditure. The Cabinet secretary in charge of Finance annually presents the budget to parliament for approval by MPs. -. The public accounts committee scrutinizes government expenditure. The Auditor and controllerGeneral check the expenditure of all ministries and reports to parliament. NB; - The upholding of parliamentary supremacy however depends largely on the integrity and maturity of members of the national assembly. Ways in which parliamentary supremacy in Kenya is limited. A Parliament cannot make laws that contradict traditional customs and practices of the people, unless people want change. B Parliament cannot pass a law that contradicts the constitution. The supremacy of the constitution is upheld. C Increased power of the cabinet can reduce parliament s authority. If the cabinet is too powerful, it may influence parliamentary decisions. D The president can limit the supremacy by making independent decisions.


C Increased power of the cabinet can reduce parliament s authority. If the cabinet is too powerful, it may influence parliamentary decisions. D The president can limit the supremacy by making independent decisions. For example, the president has emergency powers which sidestep parliamentary supremacy. State of Emergency does not follow parliamentary directions. E Parliament supremacy can be limited by the application of international laws. Parliament may be forced to ratify a law out of necessity; failure to ratify an international law may invite punitive actions on the country. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 367 f Delegated legislation may also limit its powers, i.e. the operation of the county government by-laws may limit parliamentary supremacy although national legislation prevails over county legislation. G Referendum may be used to decide important issues as opposed to parliamentary decisions. Merits of parliamentary supremacy parliamentary system. A It increases harmony, since the legislature and the executive work together. This is realized when MPs, who represent the electorate, bring their views to the executive cabinet secretaries in the legislature. B This system allows ordinary citizens to participate in the governing process by electing their representatives to articulate their views on issues of national interest. C It ensures a responsible and responsive government since the cabinet is controlled by parliament in its actions. Cabinet cannot ignore public opinion, since people choose the MPs. Such could risk a vote of no confidence. D It instills a sense of responsibility in the executive since cabinet secretaries have to sit and answer questions in the house. E The system legitimizes actions taken by the government, particularly when such actions originate from recommendations passed by the MPs- the people s representatives. F A parliamentary system gives citizens a chance to participate in national political leadership through presenting themselves for election as members of parliament or county assemblies. G It provides for regular elections, giving the electorate the chance to reject non performing MPs and elect others who can perform. H Parliament is a training ground for effective leaders; the system enables Kenyans of ability and experience to prove their worth in parliamentary debates. Demerits of parliamentary supremacy. A It only works well where there are two parties; with one ruling while the other in opposition. In a case where there are more than two parties. A coalition government may be formed and this form of government is sometimes weak and unstable.


A It only works well where there are two parties; with one ruling while the other in opposition. In a case where there are more than two parties. A coalition government may be formed and this form of government is sometimes weak and unstable. Also where the legislature is dominated by one party, the cabinet tends to be dictatorial. B Such government may not be effective in times of emergencies. The head of government has to consult with the cabinet and the legislature before acting. C It weakens the executive. It compels the cabinet secretaries to spend most of their time in parliament instead of dealing with matters of their ministries. Terminative Role of Parliament in Kenya. This means that parliament has the power to impeach a president or pass a vote of no confidence in the government by a two-thirds vote majority of the national assembly, forcing the government to resign. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 368 Functions of the Parliamentary Service Commission a The Commission is responsible for providing services and facilities to ensure the efficient and effective functioning of Parliament b It is responsible for constituting offices in the house. C It prepares annual estimates of expenditure of the parliamentary service and submitting them to the National Assembly for approval, and exercising budgetary control over the service. D It is responsible for undertaking, singly or jointly with other releva nt organizations, programmes to promote the ideals of parliamentary democracy. E It performs other functions necessary for the well-being of the members and staff of Parliament; or prescribed by national legislation. THE EXECUTIVE Meaning of the executive. This is the arm of government which deals with the implementation of laws made by parliament. It is charged with the administration of affairs of a country as well as affairs which affect the country from outside. The National executive comprises; a The president. B The deputy president. C The cabinet. D The attorney general. E The director of public prosecutions f The public service. The president. He is the Chief Executive Officer of the republic of Kenya. He is the head of state and government in Kenya. He is the commander-in-chief of the Kenya Defence Forces. He is a symbol of national unity. He holds office for a five year term from the date of being sworn in to office and the term expires when the next candidate elected as president is sworn in. The constitution gives a twofive year term as the maximum period for the president s position.


The president becomes responsible and accountable to the electorate. He cannot go against public opinion. D The president enjoys legitimacy of power because it is derived from the people Powers and functions of the president of Kenya as derived from the constitution of Kenya. A As the Head of State, he performs the following functions; He represents the government and the people of Kenya both locally and internationally. He receives foreign diplomatic and consular reprentatives. B He is the head of Government. He nominates a deputy president to deputize him. He nominates and, with the approval of the national assembly, appoints or dismisses cabinet secretaries, the attorney general, the Director of Public Prosecutions, the secretary to the cabinet, Principal secretaries, High Commissioners, Ambassadors, and diplomatic and consular representatives, the chief justice and the deputy and all the judges in line with the recommendations of the Judicial Service Commission c He is the Commander-in-Chief of the Kenya Defence Forces He has powers to declare a state of emergency, declare war with the approval of parliament. He is the chairperson of the National Security Council of Kenya. D The President has the duty to safeguard the Constitution, ensure the protection of human rights and fundamental freedoms and the rule of law, safeguard the sovereignty of the republic, promote and enhance unity of the nation and promote respect for diversity. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 370 e The President has legislative powers to address the opening of each newly elected Parliament. He also addresses a special sitting of parliament once every year and any other time. F The President chairs Cabinet meetings and assigns responsibility for the implementation and administration of any Act of Parliament to a Cabinet Secretary. G He presides over national holidays during which he expounds on government policy. H He confers honours in the name of people and republic on men and women of Kenya for outstanding achievements. E.g. OGH, OBS, DSM, HSC and EBS. I He may, on petition of any person, exercise mercy powers in accordance with the advice of the advisory committee. E.g.; Grant a free or conditional pardon to a person convicted of an offence. Postpone execution of any punishment for an offender , for a specified period, or indefinitely Substitute a less severe form of punishment. Remit all or part of a punishment.


The Cabinet consists of a the President; b the Deputy President; For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 372 c the Attorney-General; and d Not fewer than fourteen and not more than twenty-two Cabinet Secretaries. The President nominates and, with the approval of the National Assembly, appoints Cabinet Secretaries. A Cabinet Secretary should not be a Member of Parliament. Secretary to the cabinet. This office is an office in the public service. The office holder is nominated and appointed by the president, with the approval of the national assembly. He she has the following responsibilities; a Taking charge of the cabinet office. B Arranging the business of the cabinet subject to its directions. C Keeping minutes of the cabinet. D Conveying decisions of the cabinet to the appropriate persons or authorities. E Serving other functions as directed by the cabinet. Principal Secretaries. Each state department is under the administration of a principal secretary. He she is nominated and appointed by the president from among persons recommended by the public service commission and approved by the national assembly. This office is an office in the public service. General Functions of the cabinet. A The cabinet Advises and assists the president in governing the country. B The cabinet Discusses matters of national and international concern with the president. C The cabinet Formulates government policies and programmes. During parliamentary debates, the secretaries defend the same policies, interpret them to the people and ensure their implementation. D The cabinet initiates new bills and table government bills in the National assembly. E Cabinet secretaries on their individual capacity give direction to operations within their ministries. F The secretary for finance formulates and prepares the national budget which he she then presents to the National Assembly. The principle of collective responsibility of the cabinet. A The cabinet does not work in the light of day. Cabinet must abide by oath of secrecy. B It requires that the cabinet must act together as a team. The cabinet must speak together with one voice on all matters of government policy. C All cabinet members are collectively responsible to parliament and to the people through parliament. One act of a cabinet secretary is taken to be an act of all the members of the cabinet. D A minister would resign if in his conscience he cannot abide by the principle of collective responsibility. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 373 The functions of the Attorney-General in Kenya.


One act of a cabinet secretary is taken to be an act of all the members of the cabinet. D A minister would resign if in his conscience he cannot abide by the principle of collective responsibility. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 373 The functions of the Attorney-General in Kenya. A The Attorney-General is the principal legal adviser to the Government. B He represents the national government in court or in any other legal proceedings to which the national government is a party, other than criminal proceedings. C He performs any other functions conferred on the office by an Act of Parliament or by the President. D The Attorney-General has authority, to appear as a friend of the court in any civilproceedings to which the Government is not a party. E The Attorney-General has duty to promote, protect and uphold the rule of law and defend the public interest. The Director of public prosecutions. The DPP is nominated and with the approval of the National Assembly is appointed by the president to hold office for a term of eight years and can t be re-appointed. He she does not require the consent of any person or authority for the commencement of criminal proceedings. His her powers may be exercised in person or by subordinate officers acting under general or special instructions. A person qualified to be appointed a DPP should have the qualifications to be appointed a judge of the High Court. The functions of the Director of Public Prosecutions. A The Director of Public Prosecutions has power to direct the Inspector-General of the National Police Service to investigate any information or allegation of criminal conduct. B The Director of Public Prosecutions exercises State powers of prosecution and may institute and undertake criminal proceedings against any person before any court other than a court martial in respect of any offence alleged to have been committed. C He has powers to take over and continue any criminal proceedings commenced in any court other than a court martial that have been instituted or undertaken by another person orauthority, with the permission of the person or authority. D He has powers to discontinue at any stage, before judgment is delivered, any criminal proceedings instituted by the Director of Public Prosecutions or taken over by the Director of Public Prosecutions. THE PUBLIC SERVICE The public service includes all state organs in both levels of government and all state corporations. Values and principles of public service a High standards of professional ethics. B Efficient, effective and economic use of resources.


THE PUBLIC SERVICE The public service includes all state organs in both levels of government and all state corporations. Values and principles of public service a High standards of professional ethics. B Efficient, effective and economic use of resources. C Responsive, prompt, effective, impartial and equitable provision of services. D Involvement of the people in the process of policy making. E Accountability of administrative acts. F Transparency and provision to the public, of timely, accurate information. G Fair competition and merit as the basis of appointments and promotions For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 374 h Representation of Kenya s diverse communities. I Providing adequate and equal opportunities for appointment, training and advancement at all levels of the public service, for women and men, members of all ethnic groups and persons with disability. The Public Service Commission. This is the body charged with the responsibility of recruiting, promoting and managing the affairs of the public servants in Kenya in order to make it a motivated and an efficient workforce. The commission consists of a chairperson, a vice chair person and seven other members appointed by the president with the approval of the National Assembly. The commission has a secretary who is the CEO and is appointed by the commission for a term of five years and is eligible for re-appointment. The following persons do not qualify for appointment to the commission; A person who in the proceeding five years, held office, or stood for elections as; i. A member of parliament or the county assembly. Ii. A member of the governing body of a political party. Iii. If the person holds any state office. Iv. A holder of an office in a political organization that sponsors or supports a candidate for election as Member of Parliament or county assembly. Functions and powers of the Public Service Commission. A The Commission is responsible for establishment and abolishment of offices in the public service. B It appoints persons to hold or act in Offices in the public service and confirm appointments. C It exercises disciplinary control over and removes persons holding or acting in public offices. D It promotes the values and principles throughout the public service. E It investigates monitors and evaluates the organization, administration and personnelpractices of the public service. F It has the duty to ensure that the public service is efficient and effective. G It develops human resources in the public service.


C In performing their functions and exercising their powers, national security organs must respect cultural diversity of the communities within Kenya. D Recruitment by the national security organs must reflect the diversity of the Kenyan people in equitable proportions. National security organs in Kenya. The national security organs are; a The Kenya Defence Forces. B The National Intelligence Service. C The National Police Service. National Security Council This is a body whose main responsibility is to exercise supervisory control over national security organs Composition of the National Security Council The Council consists of a. The President. B. The Deputy President. C. The Cabinet Secretary responsible for Defence. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 376 d. The Cabinet Secretary responsible for foreign affairs. E. The Cabinet Secretary responsible for internal security. F. The Attorney-General. G. The Chief of Kenya Defence Forces. H. The Director-General of the National Intelligence Service. I. The Inspector-General of the National Police Service. Functions of the National Security Council in Kenya. A It exercises supervisory control over national security organs. B It has duty to integrate the domestic, foreign and military policies relating to national security in order to enable the national security organs to co-operate and functioneffectively. C It makes assessment and appraisal, the objectives, commitments and risks to the Republic in respect of actual and potential national security capabilities. D The Council reports annually to Parliament on the state of the security of Kenya e With the approval of Parliament, The Council is responsible for deploying national forces outside Kenya for regional or international peace support operations; or other support operations. F It approves the deployment of foreign forces in Kenya. The Kenya Defence Forces. The Kenya defence Forces comprises; a The Kenya Army, established in 1963 and which protects the country against external land-based aggression. B The Kenya Air force, established in 1963, disbanded in 1982 and renamed 82 Air force. It helps in the control of locust invasion. C The Kenya Navy, based in Mombasa and created in 1964, patrols Kenya s territorial waters and is always on the alert for sea-borne invasions, and for illegal landings and departure, and unauthorized fishing by foreign vessels in Kenyan waters. Functions of the Kenya Defence forces. A The Defence Forces are responsible for the Defence and protection of the sovereignty and territorial integrity of the Republic.


C The Kenya Navy, based in Mombasa and created in 1964, patrols Kenya s territorial waters and is always on the alert for sea-borne invasions, and for illegal landings and departure, and unauthorized fishing by foreign vessels in Kenyan waters. Functions of the Kenya Defence forces. A The Defence Forces are responsible for the Defence and protection of the sovereignty and territorial integrity of the Republic. B They assist and cooperate with other authorities in situations of emergency or disaster. C They may be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly. D The forces also assist in the preservation of internal security. For example the handling of the attempted coup by the Kenya Army in 1982. E They participate in nation building activities such as road and bridge construction. F The military also assists the public during emergencies and calamities such as floods, famine, fire outbreaks, landslides and other disasters. For example during the E l Nino rains-construction of mobile bridge on Mombasa-Nairobi highway. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 377 g The Navy specializes in detecting and fighting off criminals who use water masses like the Indian Ocean to commit crimes within the Kenyan territory. E.g. Somali Pirates. H The Kenya Army takes part in peacekeeping Missions, such as the United Nations peace keeping operations in different parts of the world and also the African Union and Commonwealth. The Kenya Defence Council. Its composition is as follows; a The cabinet secretary responsible for defence is the chairperson. B The Chief of the Kenya Defence Forces. C The Three Commanders of the defence forces. D The Principal Secretary in the ministry responsible for defence. Functions. It is responsible for the overall policy, control and supervision of the Kenya Defence Forces. Challenges facing the Kenya Defence Forces. A There has being cases of indiscipline, such as the abortive coup attempt in 1982. B There have been rampant cases of corruption facing some members of the Kenya Defence Forces, especially on matters of recruitment of new members into the defence forces, purchase of military and police equipment and deployment of officers on specialized duties. C Tribalism, regionalism and nepotism have also been experienced in the Kenya Defence Forces, thereby demoralizing hardworking officers who are left out unfairly during promotions.


A There has being cases of indiscipline, such as the abortive coup attempt in 1982. B There have been rampant cases of corruption facing some members of the Kenya Defence Forces, especially on matters of recruitment of new members into the defence forces, purchase of military and police equipment and deployment of officers on specialized duties. C Tribalism, regionalism and nepotism have also been experienced in the Kenya Defence Forces, thereby demoralizing hardworking officers who are left out unfairly during promotions. D Sometimes the Kenya Defence Forces faces the problem of lack of adequate funds to equip the forces with good equipment to facilitate their work. E The majority of the military personnel are not provided with opportunities to acquire further education. F Piracy and militia attacks and raids at the Kenyan Borders also present a major security challenge to the Defence Forces. G Invasion of Kenya s territorial waters by foreign fishermen and foreign fishing vessels from the big nations challenges the ability of the Kenya Navy to curb illegal fishing. H The location of Moi Airbase at Eastleigh presents a big challenge to the air force. The Airbase was built by Britain in 1964 when the population in the area was scarce. Today the area has human congestion i The defence forces also face challenges related to allegations on violations of human rights. After the 2008 elections violence, the Kenya Army was deployed to restore peace in Mt. Elgon, where they were accused of violating human rights by killing people, destroying property, and sexually assaulting women. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 378 The National Intelligence Service. Initially called the Special Branch, This is an independent civilian government agency dedicated to protecting the national security interests of Kenya and safeguarding its citizens from threats such as terrorism and corruption. Function of the National Intelligence Service a It is responsible for security intelligence and counter intelligence to enhance national security. B It liaises with the National police CID to investigate some of the threats that have criminal implications e.g. terrorism. And lay the appropriate charges. C Information gathered by the NIS assists the government in decision making and planning. D The NIS in its operations protects human rights issues and the individual freedoms. Challenges facing the National Intelligence Service. A Lack of trust from Kenyan citizens.


D The NIS in its operations protects human rights issues and the individual freedoms. Challenges facing the National Intelligence Service. A Lack of trust from Kenyan citizens. The citizens are reluctant to provide information to NIS as they view it not to be any different from the former Special Branch which was known to be a tool of oppression and torture. B The body lacks financial credibility and political independence. The extent to which NIS is Neutral in its handling of sensitive affairs is questionable. C Lack of a clear distinction between accountability and necessary secrecy has sometimes brewed tension. It is difficult to audit the activities of the Body just like any other government organization, due to the nature of its tasks. D The growing volumes and complexity of communications presents a significant security challenge for national intelligence and government agencies that seek to intercept, process monitor and analyze it. E External and internal threats for example Al-shabaab militia from Somalia, Merille Warriors from Ethiopia and Al-Qaeda attacks. Internally, the refugees hosted in Kenya and the illegal migrants from Somali and Sudan are also a threat. The problem of drug trafficking is also a threat. F Continuous capacity building training is a necessity, given the complexity of the task. However this remains a challenge. G Limited financial and human resources since inadequate funds are allocated to the service. This limits its operations. Sometimes even the staff employed is incompetent. H Political interference- with the aim of using the service to gain political mileage. I Ignorance of the Kenyan people on the kind of tasks the service undertakes and the advice it gives to the government. For example, anytime the country has been faced with tension or violence as was the case in 2008, the public seem not to understand the role of NIS. J The organ does not have implementation powers and is limited in terms of the ability to follow up an implementation of the advice given to the government. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 379 The National Police Service. The East African Protectorate Police was first created in the 1890s. In 1920, it was renamed the Kenya Police. In 1953, control of the entire police force was placed under the Commissioner of Police. The National Police service was established in 2010 with a mandate to function throughout Kenya.


In 1920, it was renamed the Kenya Police. In 1953, control of the entire police force was placed under the Commissioner of Police. The National Police service was established in 2010 with a mandate to function throughout Kenya. It is headed by the Inspector-General who appointed by the president with the approval of the parliament. He She exercises independent command over the national police service The National polices Service Consists of; a The Kenya Police Service, headed by a deputy inspector general also appointed by the president in accordance with the police service commission recommendations. B The Administration Police Service, headed by a deputy inspector general also appointed by the president in accordance with the police service commission recommendations. Functions of the National Police Service a The National Police Service is responsible for the operations of the Kenya police service and the Administration police service in Kenya. B It has the duty of ensuring the highest standards of professionalism and discipline among its members. C It has the duty to prevent corruption and promote and practice transparency and accountability. D It has the duty to ensure that organs operating under it comply with constitutional standards of human rights and fundamental freedoms. E It ensures that the staff is trained to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity. F It fosters and promotes relationships with the broader society. Functions of the police service Kenya police service and administration police service . A The police maintain law and order to ensure that those who break the law are arrested. B The police protect the law in order to safeguard both life and property. C It investigates crime and prosecutes offenders in the court. D The police confines suspected criminals in remand as they await the hearing and judgment of their cases in the court. E The police regulate traffic and arrests traffic offenders. They also check for defective or unroadworthy vehicles on the road in order to safeguard life. F Provides assistance and relief services to victims of natural calamities such as floods, fire outbreaks and other emergencies. G Takes part in national projects such as road construction, bridges, hospitals and other national facilities. H The police take a leading role during public holidays. They control the crowd and entertain people. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 380 i They liaise closely with international police Interpol , in order to investigate and arrest international criminals such as terrorists and notor ious Somali pirates.


D The Inspector-General of the National Police Service. E Both Deputy Inspectors-General of the National Police Service. Functions of the National Police Service Commission a The Commission recruits and appoints persons to hold or act in offices in the service. B The commission confirms appointments, and determines promotions and transfers within the National Police Service c It observes due process, exercises disciplinary control over and removes persons holding or acting in offices within the Service. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 381 Possible solutions to challenges facing the national security organs. A The security organs have acquired modern telecommunication equipment and vehicles to improve transport and communication in the security force. B Introduction of the post of public Relations Officer Spokesman in the organs to coordinate and disseminate information. C Raising of qualification requirements for anybody aspiring to join the security organs. This has paved way for employment of university graduates in the forces. D Introduction of professional training programmes for officers with the aim of improving the effectiveness of the organs of national security. E The terms and conditions of service for the members of the security organs have been improved f Community policing has-been introduced to help the security forces to get information from the public through hotlines and suggestion boxes. G There is increased patrolling by the Kenya navy as far north as Somali border to address maritime defence more seriously. H The aviation experts have recommended the relocation of Moi Airbase from its current location which id congested. Correctional services. The Correctional service Department in Kenya has its origins in the adoption of the India Prisons Act in Kenya in 1894 by the colonial government. Initially, prisons were under the supervision of the provincial Administration. In 1963 the Prisons Act was enacted to harmonize the treatment and conditions of offenders in Kenya s penal institutions. The Act s milestone provisions were; a Youth corrective training centres b Extra-mural and penal employment c Provision for organization, discipline, power and duties of prisons officers. Correctional services in Kenya are provided by the former Kenya Prisons Service. The Kenya Prisons Reform Programmee in 2001 adopted The Open Door Policy under which the following reforms were initiated. A Interactive collaboration with all stakeholders in the administration of criminal justice such as courts of law and members of the National Police Service.


Correctional services in Kenya are provided by the former Kenya Prisons Service. The Kenya Prisons Reform Programmee in 2001 adopted The Open Door Policy under which the following reforms were initiated. A Interactive collaboration with all stakeholders in the administration of criminal justice such as courts of law and members of the National Police Service. B Improvement in the management and conditions of the prisons, including rehabilitation programmes, with a view to empower prisoners with knowledge and skill, hasten their reintegration into society and empower them to be law abiding citizens upon release. The functions of Correctional Services in Kenya. A They Rehabilitate correct criminals through counseling. B They deter known criminals from committing other crimes. C They administer Punishment to sentenced criminals as prescribed by the court rulingsimplement the decisions of the courts regarding treatment of prisoners. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 382 d They confine prisoners convicted by the courts of law to ensure that the rights and freedoms of the public are protected. E They provide vocational training for prisoners in fields that they make them productive citizens of the country at the end of their jail term. F They keep watch over he behaviors of suspected criminals whose cases are still pending in the law courts. G They take care of the welfare of prisoners by providing them with the necessary medical attention. H They confine suspected dissidents who are a threat to state security. Challenges facing correctional services in Kenya a The challenge of overcrowding in prisoners on the rise, overcrowding in correctional facilities has been inevitable. This results in poor living and sanitation conditions for inmates. B Disease outbreak is a very common problem in our prisons mainly caused by inadequate and congested facilities. HIV and AIDS is rampant in prisons c Mistreatment of inmates by warders. This has once happened at Kingongo when some inmates were allegedly tortured and killed by warders when they attempted to escape. D Food shortage, inadequate medical facilities and poor clothing further compound the situation in prisons. The following reforms have been undertaken to improve the conditions of correctional services in Kenya. A Improvement in the quality of food, medical services and living conditions for prisoners. B Provision of sufficient beddings and clothing. C Introduction of extra-mural Penal employment for petty offenders to ease congestion in the prisons. D There has been supply of new and comfortable motor vehicles for efficient transport in the correctional services department.


B Provision of sufficient beddings and clothing. C Introduction of extra-mural Penal employment for petty offenders to ease congestion in the prisons. D There has been supply of new and comfortable motor vehicles for efficient transport in the correctional services department. E Petty offenders have been constantly released to ease congestion in prisons. For example the release of a record 11,500 prisoners in December 2003. Death row inmates who have also been in jail for over ten years have been released. F Easing of access to prisons visits by members of the public relatives. G Introduction of public Relations office to disseminate information. H Streamlining the hearing of cases with a view of keeping prisoners in remand for a short period before sentencing them. I The national government has also become directly involved the affairs of those receiving correction services. THE JUDICIARY. Judicial authority and legal system. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 383 Judicial Authority is derived from the people and is vested in courts and tribunals established by the constitution. Principles that guide Judicial Authority in Courts and Tribunals in Kenya. A Justice must be done to all, irrespective of status. B Justice shall not be delayed. C Alternative forms of dispute resolution must be pursued including reconciliation, mediation, arbitration and even traditional dispute resolution mechanism. D Justice shall be administered without undue regard to procedural technicalities. E The purposes and principles of the constitution must be protected and promoted. Ways in which the traditional Dispute resolution is limited in Kenya. A The mechanisms used in traditional dispute resolution should not contravene the Bill of RIGHTS. B The traditional court should not operate in a way that is repugnant to justice and morality or results in outcomes that are regnant to justice or morality. C The operations of the traditional courts should not be inconsistent with the constitution. The structure of the judicial system in Kenya. The Hierarchy of the court system in the Kenyan judiciary is in accordance with; a The seriousness of the cases the courts handle. B The punishment they give out c The geographical area of operation. The courts have either original or appellate jurisdiction. Difference between original and appellate jurisdictions. Original jurisdiction refers to the ability of a court to hear cases brought to a court for the first time.


The courts have either original or appellate jurisdiction. Difference between original and appellate jurisdictions. Original jurisdiction refers to the ability of a court to hear cases brought to a court for the first time. Appellate jurisdiction is the powers of a court to hear appeals brought in from a lower court. The Judiciary consists of the judges of the superior courts, magistrates, other judicial officers and staff. The Head of the Judiciary is the Chief Justice with the Deputy Chief Justice as the Deputy Head of the Judiciary. Chief Registrar of the Judiciary is the chief administrator and accounting officer of the Judiciary. The System of courts is as follows 1. Superior Courts Supreme Court consisting of the Chief Justice who is the president of the court, the Deputy Chief Justice-the vice-president of the court; and five other judges. Appointment to the Supreme Court requires the following qualifications; a. Degree in law from a recognized university or an advocate of the high Court of Kenya. B. Atleast fifteen years experience as a superior court judge or a distinguished academic, judicial officer, legal practioner and or other relevant legal field. C. High moral character, integrity and impartiality. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 384 Supreme Court Judges retire at the age of seventy Five Years. Functions of the Supreme Court of Kenya. A The Supreme Court has exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President. B It has appellate jurisdiction to hear and determine appeals from the Court of Appeal; and any other court or tribunal. C The Supreme Court gives an advisory opinion at the request of the national government, any State organ, or any county government with respect to any matter concerning county government. D It has of right in any case involving the interpretation or application of the Constitution. E All courts, other than the Supreme Court, are bound by the decisions of the Supreme Court 2. Court of Appeal consisting of judges, not fewer than twelve, a president of the Court of Appeal elected by the judges of the Court of Appeal from among themselves. The court of Appeal has membership of 30 Judges currently . Each judge to be appointed to the court of Appeal should have ten years experience as a superior court judge or atleast ten years as a distinguished academic or legal practioner. The court of appeal does not have original jurisdiction except on an application for a stay of execution pending appeal to it on contempt proceedings. Function of the Court of Appeal in Kenya.


The court of Appeal has membership of 30 Judges currently . Each judge to be appointed to the court of Appeal should have ten years experience as a superior court judge or atleast ten years as a distinguished academic or legal practioner. The court of appeal does not have original jurisdiction except on an application for a stay of execution pending appeal to it on contempt proceedings. Function of the Court of Appeal in Kenya. The Court of Appeal has jurisdiction to hear appeals from the High Court; and any other court or tribunal as prescribed by an Act of Parliament. 3. High Court headed by a Principal Judge of the High Court, who shall be elected by the judges of the High Court from among themselves. Functions of the high court of Kenya. A The High Court has unlimited original jurisdiction in criminal and civil Matters. B It has jurisdiction to determine the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened. C It has jurisdiction to hear an appeal from a decision of a tribunal appointed to consider the removal of a person from office. For example, appeals from the courts martial, Business and rental Tribunals on matters related to the constitution. D It has jurisdiction to hear any question respecting the interpretation of the Constitution including the determination of the question whether any law is inconsistent with or in contravention of this Constitution; e It determines any matter relating to constitutional powers of State organs in respect of county governments and any matter relating to the constitutional relationship between the levels of government. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 385 f The High Court has supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function, but not over a superior court g It listens to appeals from the lower courts when the parties involved are not satisfied. H It deals with disputes that take place outside Kenya's territorial wate rs maritime. I It hears appeals from decisions made by professional disciplinary tribunals involving advocates of the high court and other members of the profession. J It acts as a constitution court by determining whether a case brought before it is constitutional or unconstitutional. K It listens to appeals from special courts when the parties are not satisfied with the decision made. L It corrects amends the irregularities in decisions made by lower courts. M It hears cases that carry death sentences involve large sums of money.


K It listens to appeals from special courts when the parties are not satisfied with the decision made. L It corrects amends the irregularities in decisions made by lower courts. M It hears cases that carry death sentences involve large sums of money. N It deals with cases that concern land succession disputes. O It hears election petitions. P It exercises divorce jurisdictions in matrimonial matters, q It hears appeals from tribunals E.g. Rent Restrictions, Business Premises Rent Tribunal. Termination of the services of a judge from office. A judge can be dismissed from service on the following grounds. A Inability to perform the functions of the office arising from mental or physical incapacity. B A breach of a code of conduct prescribed for judges or superior courts by an act of parliament. C Bankruptcy. D Incompetence. E Gross misconduct or misbehavior. The process of removal of a judge from office. Such a process is initiated by the Judicial Service Commission on its own initiative or on petition of any person to it based on any of the dismissal grounds. The commission, if satisfied with the petition or initiative, forwards the matter to the president, who will suspend the said Judge, within Fourteen Days after receiving the petition and on advice of the Judicial Service Commission. A tribunal is then appointed to determine the case. If the Judge is aggrieved by the decision of the Tribunal, he she may appeal to the Supreme Court within ten days after the tribunal has made its recommendation. The president will finally act in accordance with the recommendation of the tribunal. 4. Subordinate courts. A The Magistrates courts. Its jurisdiction in both Civil and criminal cases is limited to geographical areas. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 386 However the courts have unlimited Jurisdiction in proceedings concerning claims under customary law such as dowry, divorce, legitimacy, inheritance and the administration of estates of the deceased person. They have unlimited jurisdiction in dealing with matters related to land, adultery and inheritance. These are the courts responsible for sentencing persons who have broken law of the land. Reasons why a person who has broken the law should be sentenced by a court. I. To deter the criminal from future crimes. Ii. To deter others from committing similar offences since they would have known the punishment for breaking the law. Iii. To secure for the public a period o protection from the offender who is in prison. Iv.


Iii. To secure for the public a period o protection from the offender who is in prison. Iv. To reform the criminal through counseling and corrective training v. To satisfy the demands of the people for retribution through punitive justice. B The Kadhis courts. The courts are headed by a Chief Kadhi and not fewer than three Kadhis Qualifications for appointment as a Kadhi. A. One must profess the Muslim religion. B. One must possess such knowledge of the Muslim law applicable to any sects of Muslims. The jurisdiction of the Kadhis Court is limited to the determination of questions of Muslim Law relating to personal status, marriage, divorce or inheritance in proceedings in which all concerned parties profess to the Muslim religion. C The Courts Martial. This is a subordinate court that was established under the Armed Forces Act after the abortive 82 Air force coup. It has penal or disciplinary powers to ensure discipline within the armed forces. They try cases involving assisting an enemy, cowardice, desertion, insubordination, neglect of duty, drunkenness, malingering and absence without leave. There is no right to appeal to the high court against the decisions of the courts martial unless they involve constitutional cases. Industrial Court Juvenile Court The Judicial Service Commission. Membership of the JSC is as follows. A The Chief Justice who is the Chairperson of the Commission. B One Supreme Court judge elected by the judges of the Supreme Court. C One court of appeal judge elected by the judges of the court of appeal. D One High Court Judge and one magistrate, of whom one must be a woman and one a man elected by members of the association of judges and magistrates. E The attorney General. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 387 f Two advocates , one woman and one man each with atleast fifteen years of experience, elected by members of the statutory body responsible for the professional regulation of advocates LSK g One person nominated by the public Service Commission. H One woman and one man to represent the public, not being a lawyer, appointed by the president with the approval of the national assembly. I The chief registrar of the Judiciary, who will be secretary to the commission.


For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 387 f Two advocates , one woman and one man each with atleast fifteen years of experience, elected by members of the statutory body responsible for the professional regulation of advocates LSK g One person nominated by the public Service Commission. H One woman and one man to represent the public, not being a lawyer, appointed by the president with the approval of the national assembly. I The chief registrar of the Judiciary, who will be secretary to the commission. Members, except the AG and Chief Justice hold office for a term of 5 years and can be reappointed for one further term Functions of the Judicial Service Commission a The Judicial Service Commission promotes and facilitates the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice. B It recommends to the President persons for appointment as judges. C It reviews and makes recommendations on the conditions of service of judges and judicial officers, other than their remuneration; and the staff of the Judiciary. D It appoints, receives complaints against, investigates and removes from office or otherwisediscipline registrars, magistrates, other judicial officers and other staff of the Judiciary. E It prepares and implements programmes for the continuing education and training of judges and judicial officers. F It advises the national government on improving the efficiency of the administration of justice. The concept of Independence of the Judiciary in Kenya. A In the exercise of judicial authority, the Judiciary is subject only to the Constitution and the law and not to the control or direction of any person or authority. B The office of a judge of a superior court cannot be abolished while there is a substantive holder of the office. C A member of the Judiciary is not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function. The Judicial Act protects Judges and Magistrates against any form of victimization and molestation. D There is a separate system of command for the judiciary unlike other government departments. E Appointment of the magistrates is done independently by JSC, which is independent of PSC. The president in consultation with the Judicial Service Commission appoints the Judges. F The judges are bound by the Oath of Allegiance to perform their duties without fear or favour. G Judges enjoy security of tenure.


The president in consultation with the Judicial Service Commission appoints the Judges. F The judges are bound by the Oath of Allegiance to perform their duties without fear or favour. G Judges enjoy security of tenure. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 388 h Statutes fix salaries and allowances of Judges. Challenges facing the judiciary in Kenya. A There is constant Conflict between the three arms of government. This hinders the just operation of the judiciary. Too much interference from the Executive has undermined the independence of the Judiciary. B The long court processes have always delayed dispensation of justice in Kenya. C Corruption. This is common among the Judges who sometimes compromise their integrity due to greed Public doubts of its impartiality due to rampant corruption d Inadequate personnel. There are few qualified judges. For example in 2002, there were 47 judges serving a population of 30 million people. This causes delay in hearing of cases. E There is constant termination of cases by the Attorney General thereby denying justice to some genuine cases. F Poor co-ordination within the court system g Incompetence of some judicial officers. E.g. poor and inconsistent judgments. This has been attributed to flawed appointments and promotion procedures. H Lack of adequate funds to cater for the needs of the judiciary. This has led to inadequate court structures and facilities such as equipment, chairs, libraries etc. I Lack of continuous legal education to keep them a breast of the latest legal development and skills in information technology. J There is a lot of ignorance among the public in Kenya on judicial affairs and their legal rights ignorance on the legal rights. Members of the public fear the courts and the court language. K Information on the judiciary has not been made available to the public and it appears to be a preserve of a few. L Litigation fees are high limits public s access to the courts. Solutions to the problems facing Kenya s Judiciary. A There has been increased legal education given to officers and members of the public by the judiciary and other bodies like Kituo Cha Sheria, which releases information booklets and offers free legal advice to people. B The terms and conditions of service for judges and other officers were improved in 2002 in order to make them work better.


Solutions to the problems facing Kenya s Judiciary. A There has been increased legal education given to officers and members of the public by the judiciary and other bodies like Kituo Cha Sheria, which releases information booklets and offers free legal advice to people. B The terms and conditions of service for judges and other officers were improved in 2002 in order to make them work better. C The government also set up a committee led by Justice Aaron Ringera in what was famously referred to as Judicial Surgery, to investigate the conduct of judges. Those who were adversely mentioned in the report were suspended. D The government has recruited more legal officers to reduce the backlog of cases in courts. E The passing of the Vetting of Judges and Magistrates Act, 2011 VJM Act In March 2011, established the Judges and Magistrates Vetting Board, chaired by Sharad Rao ,which is carrying out the vetting exercise to restore public confidence in the Judiciary. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 389 Some of the mile stone decisions undertaken to restore public confidence in the judiciary include; The suspension of Deputy CJ Nancy Baraza and her final resignation for harrassing an innocent security guard. Dropping of President of the Kenyan Appellate Court Justice Riaga Omollo for political bias and authoritarian demeanor while carrying out his activities on the bench. Dropping Judge Samuel Bosire for condoning torture of suspects during Coup trial in 1982. Dropping of Court of Appeal Judge Emmanuel Okubasu for being unsuitable to continue holding office. Joseph Nyamu Justice Mohammed Ibrahim, though Praised as impartial and immune to corruption, was dropped for having an overflowing in-tray of cases Appellate judge Roselyn Nambuye was kicked out due to delays in delivering more than 270 judgements and being too wordy in her ruling. However Nambuye and Mohammed Ibrahim successfully appealed against the decision which once more saw their reinstatement on 21at September 2012 pending further investigations. The Rule of Law. Meaning of the Rule of Law . This is the absolute supremacy or predominance of regular law as opposed to arbitrary power. The concept is associated with the view of Albert Venn Dicey who published a book, The Law of the Constitution in 1895, in which he presupposes the supremacy of the law. That all persons whether individual or in government, are subject to the law.


Meaning of the Rule of Law . This is the absolute supremacy or predominance of regular law as opposed to arbitrary power. The concept is associated with the view of Albert Venn Dicey who published a book, The Law of the Constitution in 1895, in which he presupposes the supremacy of the law. That all persons whether individual or in government, are subject to the law. In Kenya, all citizens and residents are subject to and governed by the same law irrespective of their status, race and religion Elements of the rule of law. A The principle of legality. The state can only exercise those powers granted to it by the law. It should be a government of laws and not of men. B Separation of powers of the three arms of government. This refers to the practice of dividing the powers of government into the executive, legislature and judicial functions equally and putting in place a system of checks and balances to ensure they control each other. The three functions are to be independent of each other. C Equality before the law. Everyone should be treated equally under the law. D The judiciary must work without favour or the fear of intimidation in the administration of justice. The principles of the Rule of Law. Joseph Raz in an article titled, The Rule of Law and its Virtues outlines the following eight principles of the rule of law. A All laws should be prospective and open. A new law should only apply in future. B Laws should be durable and not changing every other day. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 390 c No centre of power, and specifically parliament, should enjoy monopoly right in making laws for citizens of a country, the judiciary should scrutinize parliament. D The independence of the judiciary should be protected. E The principal of natural justice should form an important element in the judicial system of a country. F There must be easy accessibility to the courts of law. They should neither be expensive nor intimidating. G The security forces should not use force in contravention of the law. Meaning of the concept of Natural Justice. It refers to the requirement that the bodies that resolve disputes adhere to at least minimum standard of fair decision making Two principles govern the Concept of Natural Justice. 1. The person affected by an impending decision must have the right to a fair hearing prior to the decision being made. 2. The person or body hearing the case should act in good faith and without Bias.


The person affected by an impending decision must have the right to a fair hearing prior to the decision being made. 2. The person or body hearing the case should act in good faith and without Bias. The right to fair hearing a The accused must be given prior notice of the case against him and given a chance to respond. B The accused must be given chance of knowing the case against him and stating his own case. C The person charged should have opportunity to consider, challenge and contradict any evidence, being fully aware of the allegations leveled against him. D The person has a right to legal representation by a legally qualified person. E All legal decisions should have reasons within the law.. The rule against Bias. Full inquiry must be conducted into the circumstances involved before the Arbitrator makes a decision. The decision made should be impartial with the adjudicator lacking interest in the outcome. A person is presumed innocent until proven otherwise and the police have no right to beat up suspects. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 391 HISTORY FORM FOUR NOTES World War World War I or the First World War was a war fought by many countries, which is why it is called a "world" war. It started in 1914 and ended in 1918. 135 countries took part in World War I, and more than 15,000,000 people died in the war. World War One - Causes The First World War, which began in August 1914, was directly triggered by the assassination of the Austrian archduke, Franz Ferdinand and his wife, on 28 June 1914 by Bosnian revolutionary, Gavrilo Princip. This event was, however, simply the trigger that set off declarations of war. The actual causes of the war were; 1 The system of Alliances An alliance is an agreement made between two or more countries to give each other help if it is needed. A number of alliances had been signed by countries between the years 1879 and 1914. For example, the Dual Alliance signed by Germany with Austria Hungary in 1879 and later joined by Italy in 1882 to become the triple Alliance. This system led to the division of Europe into two antagonistic power blocs. It led to fear and suspicion between nations. It transformed local disputes into a general conflict.


The Congress of Vienna, held after Napoleon's exile to Elba, aimed to sort out problems in Europe. Delegates from Britain, Austria, Prussia and Russia decided upon a new Europe that left both Germany and Italy as divided states. Strong nationalist elements led to the re-unification of Italy in 1861 and Germany in 1871. The settlement at the end of the Franco-Prussian war left France angry at the loss of Alsace-Lorraine to Germany and keen to regain their lost territory. Large areas of both Austria-Hungary and Serbia were home to differing nationalist groups, all of whom wanted freedom from the states in which they lived. 6 Moroccan Crisis In 1904 Morocco had been given to France by Britain, but the Moroccans wanted their independence. In 1905, Germany announced her support for Moroccan independence. War was narrowly avoided by a conference which allowed France to retain possession of Morocco. However, in 1911, the Germans were again protesting against French possession of Morocco. Britain supported France and Germany was persuaded to back down for part of French Congo. 7 Bosnian Crisis In 1908, Austria-Hungary took over the former Turkish province of Bosnia. This angered Serbians who felt the province should be theirs. Serbia threatened Austria Hungary with war. Russia, allied to Serbia, mobilized its forces. Germany, allied to Austria-Hungary mobilized its forces and prepared to threaten Russia. War was avoided when Russia backed down. There was, however, war in the Balkans between SPECIAL COVERAGE The First Moroccan Crisis The First Moroccan Crisis clearly indicated that Germany s relation with France was at best fragile. In 1905 Morocco was one of the few African states not occupied by a European power. In May 1905 it was agreed that an international conference should be held on Morocco in Algeciras. The Algeciras Conference of 1906 The main aim was to decide what was to be done with regards to Morocco. The two main protagonists at Algeciras were France and Germany. However, it soon became very clear to Germany that other European powers had sided with France Britain, Spain and Italy. The Algeciras Conference ended on April 7th For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 393 1906.The Germans got very little out of the conference. The plan to create a triple alliance or even a quadruple alliance to isolate Great Britain failed.


However, it soon became very clear to Germany that other European powers had sided with France Britain, Spain and Italy. The Algeciras Conference ended on April 7th For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 393 1906.The Germans got very little out of the conference. The plan to create a triple alliance or even a quadruple alliance to isolate Great Britain failed. Arguably, by the end of the conference, Britain and France had even closer ties to one another. A German presence in North Africa had also failed to materialize. The French media portrayed Germany as an inferior nation, much to the concern of the more experienced politicians in Paris. The Algeciras Conference may have resolved the crisis in Morocco but the outcome clearly defined Europe into certain camps. At this conference Germany publicly lost out . The Agadir Crisis of 1911 the Second Moroccan Crisis. The Agadir Crisis occurred in 1911 just four years after the First Moroccan Crisis. Germany s attention was diverted after the 1905-06 crises by other issues, mainly building up her navy so that it rivaled the Royal Navy. As a result France spent five years having far more influence in Morocco than Germany. They backed the corrupt Sultan, Abdul Aziz, who was accused by some of his countrymen of selling out Morocco to the French. The half-brother of Aziz, Mulay Hafid, took a stand on behalf of the Moroccan people who proclaimed him Sultan in January 1908. Fez also came under attack. In April 1911 a decision was made in Germany to send troops to Fez to support the foreign contingent living there. The plan was to send German warships to Agadir and Mogador ostensibly to defend German citizens in Morocco. A gunboat, the Panther , was sent to Agadir on July 1st 1911. What part did the Agadir Crisis play in the outbreak of World War One? The episode proved that Germany was hell-bent on trying to dominate Europe as a whole. Winston Churchill and David Lloyd George were among those who believed this. 1911 and 1912 when the Balkan states drove Turkey out of the area. The states then fought each other over which area should belong to which state. Austria -Hungary then intervened and forced Serbia to give up some of its acquisitions. Tension between Serbia and Austria-Hungary was high.


The states then fought each other over which area should belong to which state. Austria -Hungary then intervened and forced Serbia to give up some of its acquisitions. Tension between Serbia and Austria-Hungary was high. 8 The Assassination of Archduke Franz Ferdinand A secret society called Ujedinjenje Ili Smrt, 'Union or Death' or Black Hand was founded in Belgrade, an outgrowth of an older Serb nationalist group: Narodna Odbrana. When it was learned that the Heir-Apparent to the Austrian throne, Franz Ferdinand, was scheduled to visit Sarajevo in June of 1914, the Black Hand decided to assassinate him. Three young Bosnians were recruited, trained and equipped: Gavrilo Princip, Nedjelko Cabrinovic and Trifko Grabez. The murders of Franz Ferdinand and Sophie brought Austro-Serbian tensions to a head. As Vienna took a hard line against Serbia, the other powers in Europe took sides. The wheels of war gained speed. The Crisis of July turned into world war, just over thirty days after Franz Ferdinand and his wife Sophie were shot. System of Alliances. By 1914, Europe had divided into two camps. 1 The Triple Alliance was Germany, Italy and Austria-Hungary. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 394 2 The Triple Entente was Britain, France and Russia. 1 The Triple Alliance The alliance between Germany and Austria was natural. Both spoke the same language German - and had a similar culture. Austria was in political trouble in the south-east of Europe - the Balkans. She needed the might of Germany to back her up if trouble got worse. Italy had joined these countries as she feared their power on her northern border. Each member of the Triple Alliance Germany, Austria and Italy promised to help the others if they were attacked by another country. By the close of the war the Central Powers had been extended to incorporate Bulgaria and Turkey 2 The Triple Entente The Entente Powers comprised a military alliance - driven by a variety of inter-related treaties - of France, Great Britain and Russia. The Entente alliance sprang from the military concerns of Germany's neighbours to east and west. Russia and France; accordingly in 1894 they signed an alliance based upon fears of growing German power.


When the Germans got to the Belgian city of Li ge, they did finally push the Belgians out of the city, but it had taken longer than the German generals had planned. On December 24-25, 1914, there was a temporary halt to the fighting on parts of the Western Front. This was the Christmas truce. The initial force behind the Christmas Truce came from the Germans. Christmas was celebrated in full, with men visiting across the lines and gifts of food and tobacco being exchanged. As Christmas ended, both sides reluctantly returned to war, the bonds forged at Christmas slowly eroded as units rotated out and the fighting became more ferocious. By 1915, the Western Front had become a stalemate as both sides engaged in trench warfare. The men on both sides took spades and dug lines of trenches went all the way from Switzerland to the North Sea, because they did not want to be killed. In front of the trenches, there was barbed wire that cut anyone who tried to climb over it, and mines that blew up anyone who tried to run across the "no man's land" that was in between the trenches. Gas was also an important weapon used. The war in the west was static in the next three years and attempts by the military commanders on both sides to break the stalemate led to deaths of many soldiers. At the battle of the Somme in 1916 60,000 British men died in a single day. It was one of the bloodiest days in the history of the British army. Seeking to shatter the Anglo-French lines, the German Chief of Staff, Erich von Falkenhayn, began planning a massive assault on the French city of Verdun. The Battle of Verdun lasted from February 21, 1916 until December 18, 1916 and was one of the longest and bloodiest battles of World War I. A brutal battle of attrition, Verdun cost the French an estimated 161,000 dead, 101,000 missing and 216,000 wounded. German losses were approximately 142,000 killed and 187,000 wounded. 2. The Eastern Front was fought in Central and Eastern Europe and was one of the For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 396 main places where World War I took place. The start of the war on the eastern front involved an attack on Russia on 1st of august 1914.


2. The Eastern Front was fought in Central and Eastern Europe and was one of the For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 396 main places where World War I took place. The start of the war on the eastern front involved an attack on Russia on 1st of august 1914. On August 6, Austria-Hungary declared war on Russia and six days later entered into hostilities with France and Britain. The Russians were decisively defeated by allied forces of Austria and Germany at the battle of Tanneberg in august 1914 and at the battle of Missourian Lakes in September 1914. War in the seas Some of the fiercest battles between the Allies and the central powers took place in the sea. By May 1916, Germany s main fleet was stationed in the North Sea to attack Britain s fleet. However, the British intelligence decoded the German wireless code and was able to prepare the royal navy to fully counter Germany s challenge. Both sides suffered causalities in the war that followed. 11 german ships and 14 British ships were lost. Importance of Britain s supremacy at sea a The British naval forces assisted in blocking the central powers particularly the Germans from accessing food and raw materials from other parts of the world. This derailed their war plans. B Her naval supremacy enabled the allies to capture colonies of the central powers. C The sea blockade enabled the allies to maintain uninterrupted communication with other allied forces, as well as safeguard the british food and raw material supplies from other parts of the world. The final phase of World War 1 The final phase of the war was a second Germany onslaught on France in 1918 where the Germans were decisively defeated in the hands of USA soldiers. End of World War I. Two events that led to the end of World War I were: 1 Russia s withdrawal from the war after the Great Russian revolution. 2 The declaration of war by the United States of America against the central powers. The First Russian Revolution In 1917, there was a revolution in Russia. The Russian people didn't want to fight anymore, because the war had been putting burdens on them, and many of them were poor and hungry. The Second Russian Revolution Two factions fought to rule over Russia. The passive Mensheviks lost against radical Bolsheviks. The leader of the Bolsheviks was Vladimir Lenin 1870-1924 which was Communist who followed the ideas of Karl Marx.


The Second Russian Revolution Two factions fought to rule over Russia. The passive Mensheviks lost against radical Bolsheviks. The leader of the Bolsheviks was Vladimir Lenin 1870-1924 which was Communist who followed the ideas of Karl Marx. The new government sued the Germans for peace, and signed a peace treaty called Brest-Litvosk with the Central Powers in March 1918 at the city of Brest Litovsk. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 397 The Germans and Russians stopped fighting. This gave Germany lots of land in Eastern Europe and the Baltic Sea USA entry into the war. The German generals using submarines named U-boats underwater boats attacked American ships Lusitania that were carrying food and weapons to Great Britain. Some Americans were killed by the submarines. Germany also wrote a secret telegram note to Mexico suggesting that the two countries work together to attack the United States the Zimmerman Telegram- because the person who sent it was named Arthur Zimmermanthe german foreign minister . Other reasons why USA entered the war on the side of the Allies were; a America was concerned with safeguarding her trade with Britain. US Anglo relationship was strong . USA was fully aware that the a defeat of Allied powers would cost her financial and industrial institutions b The USA and British intelligence were able to link some Germany sympathizers with the industrial sabotage in factories and trade unions in the USA. C Cruelty of the Germans led to the growth of anti-Germany feelings in the United States. Many of the Allies sympathizers had relatives in either France or Britain. American people decided that they wanted their country to enter the war to punish Germany. On April 6, 1917 the United States declared war against Germany and became part of the Allies. The socialist politicians declared Germany a republic and met with the Supreme Commander of the allied forces on 7th November 1918, Ferdinand Foch, to negotiate for end of the war with very stiff terms to the Germans. The stiff terms given to the Germans included; a Germany to withdraw from all occupied territories, including overseas colonies. B All German forces west of the Rhine to be withdrawn. C All German warships to surrender to the Allies. D Occupation of some parts of Germany by the Allies. E All Allied prisoners of war to be released. The Germans were given 72 hours to either accept or reject these stiff conditions.


D Occupation of some parts of Germany by the Allies. E All Allied prisoners of war to be released. The Germans were given 72 hours to either accept or reject these stiff conditions. Protesting bitterly, they signed an armistice on 9th November 1918. At 11:00 AM on 9th November 1918, the war ended. Reasons why the allies won World War I. a Allied powers had many supporters drawn from 25 states some of which were Britain, France, Belgium, Russia, Italy, USA, Japan and Portugal. They had more manpower than the central powers. B Germany failure to effectively control her expensive colonies and others turned against her. C USA entry into war on the side of the allies accelerated the defeat of the central powers. The industrial might of USA and her economic wealth helped the Allies to force the central powers to their knees. For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 398 d The Allies had able and focussed political leaders like Lloyd George-the British Premier and Georges Clemenceau, the French Premier. E Germans axis powers made serious technical mistakes like invasion of the neutral Belgium by Germany which turned the world opinion against the central powers. F Superior naval power of the Allies. The superiority of the British Royal Navy enabled the Allies to enforce a naval Blockade that caused severe food shortages among the central powers. G Germany fought the war on many fronts. H Germany was badly led down by her colleagues like Italy who decamped and Bulgaria and Austria-Hungary who had to be assisted all the time. Turkey on her part easily accepted defeat. I The Allies had financial and industrial resources in Europe and in their colonies which were used to great advantage during the war. J The Allies had powerful weapons e.g. they used Tankers, Aircraft and Battleships. K The allies were united under the Command of General Foch which disadvantaged the central powers. German also used young and inexperienced soldiers after 1918 due to heavy causalities. L The central powers were surrounded by the Allies as they lay in the centre of Europe. They also lacked an extensive coastline and thus were easily blockaded. The Peace Treaties. In January 1918, Woodrow Wilson, President of the USA, outlined, in his speech to the congress, the fourteen points that were essential in maintenance of world peace.


They also lacked an extensive coastline and thus were easily blockaded. The Peace Treaties. In January 1918, Woodrow Wilson, President of the USA, outlined, in his speech to the congress, the fourteen points that were essential in maintenance of world peace. Among these were three great principles that formed the basis of world peace namely; 1. Self-determination of all peoples, i.e, the right of peoples all over the world to determine their own fate. 2. The need to make public all diplomatic and international agreements. 3. The need to establish a League of Nations which would provide an avenue for discussing all international problems, protect small states from aggression by large ones. In January 1919, statesmen from the 27 Allied powers converged at Paris, France to determine the fate of the defeated central powers. The central powers were not party to the discussions but were required to sign on the final draft. The Key personalities at the conference were; a Lloyd George PM of Britain b George Clemenceau PM of France c Woodrow Wilson President of USA d Vittorio Orlando PM of Italy Five treaties were signed with each of the central powers separately as follows; a The Treaty of Versailles with Germany 28th June 1919 b Treaty of St. Germaine with Austria 10th September 1919 For free KCSE Notes, Exams, and Past Papers Visit https: Teacher.co.ke 399 c Treaty of Neuilly with Bulgaria 27th November 1919 d Treaty of Trianon with Hungary 4th June 1920 e Treaty of Sevres in 1920 and Lausanne in 1923 with Turkey. The Treaty of Versailles. It should be noted that all the above treaties were generally referred to as the Treaty of Versailles. Terms of the Versailles Treaty of 1919. A The treaty declared Germany an aggressor who was supposed to pay reparations and whose military capability was to be reduced. B She lost all her colonial passions with the African colonies being taken from her and put under supervision of the League of Nations. C The treaty of St. Germaine provided for the creation of Yugoslavia, Bosnia, Herzegovina and Malta as mandated territories. D Germany was totally disarmed and only allowed to retain a force of 100,000 soldiers and her navy was disbanded.