I Banning of trade unions also frustrated the activities of nationalists. Where they were allowed to exist, they were monitored by the police. J The nationalists faced the challenge of movement restrictions through the pass laws that were introduced. K African Journalists were harasses and their newspapers proscribed by the government. LIVES AND CONTRIBUTIONS OF KENYAN LEADERS Jomo Kenyatta. Early life Jomo Kenyatta was born Kamau wa Ngengi to Ngengi wa Muigai and Wambui in Gatundu, Kiambu on 20th October 1891. His father died while Kamau was very young was adopted by his uncle Ngengi, who inherited his mother. When his mother died during childbirth, young Kamau moved from Ng'enda to Muthiga to live with his medicine man grandfather K ng wa Magana. He joined the Church of Scotland Mission CSM at Thogoto, as a resident pupil. In 1912, having completed his mission school education, he became an apprentice carpenter. In 1914, he converted to Christianity, assuming the name Johnstone Kamau. He left the mission later that year to seek employment as an apprentice carpenter on a sisal farm in Thika. To avoid forced recruitment as WWI soldier, he lived with Maasai relatives in Narok, where he worked as a clerk for an Asian contractor. He took to wearing a traditional beaded belt known as a 'Kenyatta', a Swahili word which means 'light of Kenya'. In 1922 Kamau adopted the name Jomo Kenyatta, and began working for the Nairobi Municipal Council Public Works Department as a store clerk and water-meter reader. Marriage and family. In 1919 he married Grace Wahu. On 20 November 1920 Kamau's first son Peter Muigai was born. Grace Wahu lived in the Dagoretti home until her death in April 2007 at the age of around 100. In 1942, he married Edna Clarke and Peter Magana was born in 1943. In 1951 Kenyatta married Ngina Muhoho, daughter of Chief Muhoho and was independent Kenya's First Lady, when Kenyatta was elected President. Kenyatta and politics.


In 1942, he married Edna Clarke and Peter Magana was born in 1943. In 1951 Kenyatta married Ngina Muhoho, daughter of Chief Muhoho and was independent Kenya's First Lady, when Kenyatta was elected President. Kenyatta and politics. Kenyatta joined the EAA in 1922 which disbanded in 1925.Kenyatta worked as editor of the KCA's journal between 1924 and 1929, and by 1928 he had become the KCA's general secretary. In May 1928 Kenyatta launched a monthly Kikuyu-language newspaper called Mw gwithania which was intended to draw all sections of the Kikuyu together. He also made a presentation on Kikuyu land problems before the Hilton Young Commission in Nairobi in the same year. In February 1929 Kenyatta was dispatched to London to represent the KCA in discussions with the Colonial Office. He wrote several letters and in the letter published in The Times in March 1930 set out five points:Key notes for the teacher and students- Cheloti 2013 Page 104 The security of land tenure and the return of the land taken by European settlers. Improved educational opportunities for Black Africans. The repeal of Hut and poll taxes. Representation for Black Africans in the Legislative Council. Freedom to pursue traditional customs such as female genital mutilation He returned to Kenya on 24 September 1930. He returned to London in 1931. In 1932 to 1933, he briefly studied economics in Moscow. At University College London from 1935 studied social anthropology. Kenyatta published his own book, Facing Mount Kenya in 1938. Kenyatta and pan-Africanism. In 1945, with other prominent African nationalist figures, such as Kwame Nkrumah of Ghana, Kenyatta helped organize the fifth Pan-African Congress held in Britain. Kenyatta and the struggle for independence. On arrival into Kenya in 1947, he became principal of Kenya Teachers College Githunguri. In 1947, he was elected president of the Kenya African Union KAU after James Gichuru stepped down. From 1948 to 1951 he toured and lectured around the country.


Sickness and Death President Kenyatta had suffered a heart attack in 1966. In April 1977, then well into his 80s, he suffered a massive heart attack. On 14 August 1978, he hosted his entire family, including his son Peter Magana who flew in from Britain with his family, to a reunion in Mombasa. On 22 August 1978, he died in Mombasa due to old age . He was buried on 31 August 1978 at a mausoleum on Parliament grounds. Kenyatta s tenure as president featured the following problems. A There was a great split within KANU due to his land policy. Kenyatta compromised with the whites over their property. The Land-buying companies formed to buy European farms favoured one community. B From the onset of independence, KADU advocated for Majimboism and therefore opposing national unity. C The 1966 term featured border conflicts with Somalia, and more political opposition. He made the Kikuyu-led KANU practically the only political party of Kenya. He placed several of his Kikuyu tribesmen in most of the powerful state and security offices and posts. D Increasing loss of confidence in his government suspected of complicity in murders of Pio Gama Pinto, Tom Mboya and J.M. Kariuki. MP and Lawyer C.M.G. Argwings-Kodhek and former Kadu Leader and Minister Ronald Ngala. E Poverty, ignorance and disease were serious problems in Kenya in the early years of independence. F There was shortage of manpower since the inherited educational policy left Africans illequipped for skilled employment. G Kenya did not have adequate funds to provide for is development needs. H There was a serious problem of poor transport and communication. I The existence of Banditry Shifta Menace in north-eastern kenya also shifted attention from economic development. Achievements. A Mzee Jomo Kenyatta is credited with leading Kenya to independence and setting up the country as a relatively prosperous capitalist state. B He oversaw a peaceful land reform process, oversaw the setting up of the institutions of independent Kenya, and also oversaw Kenya's admission into the United Nations.


Achievements. A Mzee Jomo Kenyatta is credited with leading Kenya to independence and setting up the country as a relatively prosperous capitalist state. B He oversaw a peaceful land reform process, oversaw the setting up of the institutions of independent Kenya, and also oversaw Kenya's admission into the United Nations. Key notes for the teacher and students- Cheloti 2013 Page 106 c During his reign, the country was reasonably well governed, peaceful and stable, the economy developed and grew rapidly and attracted high levels of foreign investment, and a black Kenyan professional and business middle class was established. Failures a Kenyatta failed to mould Kenya, being its founding father, into a homogeneous multi-ethnic state. The country remains a de facto confederation of competing tribes. B His resettlement of many Kikuyu tribesmen in the country's Rift Valley province is widely considered to have been done unfairly. C His authoritarian style, with elements of patronage, favouritism, tribalism and or nepotism drew criticism and dissent, and set a bad example followed by his successors. D He had the Constitution radically amended to expand his powers, consolidating executive power. E He was also been criticized for ruling through a post colonial clique of his relatives, mainly African Kikuyu colonial collaborators from Kiambu, while giving scant reward to the real fighters for Kenya's independence. F Kenyatta has further been criticized for encouraging the culture of wealth accumulation by public officials their office influence, thereby deeply entrenching corruption in Kenya. G His policies are also criticized for leading to a large income and development inequality gap in the country favouring mainly Nairobi and the Country's Central Highlands, over others. Tom Mboya Thomas Odhiambo Mboya was born on August 15, 1930 in Kilimambogo, near Thika town. In 1942, he joined St. Mary's School Yala. In 1946, he went to the Holy Ghost College later Mang'u High School , where he passed well enough to proceed to do his Cambridge School Certificate. In 1948, Mboya joined the Royal Sanitary Institute's Medical Training School at Nairobi, qualifying as an inspector in 1950 and employed by the Nairobi City Council. In 1955, he attended Ruskin College, Oxford, where he studied industrial management.


In 1929 the family moved to Vishakani near Kaloleni, which was to be Ngala's home for the rest of his life. Ngala attended Alliance High School and Makerere University College where he gained a teaching diploma. He worked as a teacher and later became headmaster of Mbale Secondary School in Taita-Taveta. In 1952 he was transferred to Buxton School in Mombasa where he served as the principal. Political career Ngala was elected to the Legislative Council in 1957 to represent the Coast Rural constituency. He formed the African Elected Members Organization AEMO together with other elected African MPs. At a meeting held on May 14, 1960 in Kiambu he was elected as the KANU's treasurer, a position he declined to take. At a meeting held in Ngong on June 25, 1960, the Kenya African Democratic Union KADU was formed with Ngala as its leader, in opposition to KANU. At the 1961 legislative council elections Ngala formed the first African government. Ngala became Leader of Government Business and later Prime Minister. On 12 November 1964 The leaders of KADU, including Ronald Ngala, Masinde Muliro and Daniel arap Moi decided to dissolve KADU and join KANU. Ngala in the post independence period Ronald Ngala was made Minister of Cooperatives and Social Services in the Kenyatta government. He went on to become one of KANU s vice-presidents at the 1966 Limuru Conference. Ngala remained active in the government until he died in a road accident in 1972. The circumstances of Ngala's death in 1972 were suspicious. Daniel Arap Moi Early life and entry into politics Daniel Arap Moi was born on 2nd September, 1924 in Kurieng'wo in Sacho Location of Baringo County, raised by his mother Kimoi Chebii following the early death of his father. His elder brother Tuitoek played a guardian role, influencing him to go to school at an early age. In 1934, Moi joined African Inland Mission School, Kabartonjo. On October 20th 1936 he was baptised Daniel.


His elder brother Tuitoek played a guardian role, influencing him to go to school at an early age. In 1934, Moi joined African Inland Mission School, Kabartonjo. On October 20th 1936 he was baptised Daniel. In 1938, he transferred to African Inland Mission, Kapsabet and later to Government African School, Kapsabet where he was a school captain and a captain of the football team. He attended Tambach Teachers Training College. He worked as a teacher from 1946 until 1955. He was posted as a Head teacher at Kabarnet where he studied privately and passed London Matriculation Examinations. He was promoted in 1949 to the rank of P2 and transferred to Tambach Government African School as a Teacher Trainer. President Moi married Helena Lena Bommet in 1950 and they were blessed with 8 children; 3 daughters and five sons, Jennifer, Doris and adopted daughter June; Jonathan, Raymond, John Mark, Philip and Gideon . But they separated in 1974, before his presidency.. Lena died in 2004. Moi s long political career. In October 1955 the Electoral College selected Moi from a list of eight nominated candidates to fill a vacancy left by Joseph ole Tameno who resigned from the unofficial benches of the legislative council. In 1957, when elections were held, for LEGCO, Moi won with a landslideKey notes for the teacher and students- Cheloti 2013 Page 108 against Justus Ole Tipis and later joined AEMO. In 1959, he led AEMO members to visit Jomo Kenyatta in detention in Lodwar. In 1960 he founded the Kenya African Democratic Union KADU with Ronald Ngala to challenge the Kenya African National Union KANU led by Jomo Kenyatta. Moi was among the Kenyan delegation under the auspices of KADU who went to the London Constitutional talks of June 1960. Moi was elected to the Kenyan parliament in 1963 from Baringo North. Since 1966 until his retirement in 2002 he served as the Baringo Central MP and only served as a vice-president from 1967 until 1978 when he became the president.


Moi was among the Kenyan delegation under the auspices of KADU who went to the London Constitutional talks of June 1960. Moi was elected to the Kenyan parliament in 1963 from Baringo North. Since 1966 until his retirement in 2002 he served as the Baringo Central MP and only served as a vice-president from 1967 until 1978 when he became the president. In 1976, the Kiambu Mafia, tried to infamously change the constitution to prevent the vicepresident automatically assuming power in the event of the president's death. However, Kenyatta withstood the political pressure and safeguarded Moi's position. Presidency When Jomo Kenyatta died on 22 August 1978, Moi became president. Political realities dictated that he would continue to beholden to the Kenyatta system which he had inherited. On 1 August 1982, fate played into Moi's hands when forces loyal to his government defeated an attempted coup d' tat by Air Force officers led by Hezekiah Ochuka. Moi took the opportunity to dismiss political opponents and consolidate his power reducing the influence of Kenyatta's men in the cabinet. He appointed supporters to key roles and changed the constitution to establish a de jure single-party state. Moi, his regime now faced an economy stagnating under rising oil prices and falling prices for agricultural commodities, singlehandedly convinced the KANU delegates at a conference at Kasarani in December, 1991 over the restoration of a multi-party system in 1992 and 1997, marred by political violence and absence of an effective and organized opposition, Moi had no difficulty in winning, skillfully exploited Kenya's mix of ethnic tensions. Mwai Kibaki was elected President on 29 December 2002 and Moi handed over power to him. Moi After retirement. After leaving office in December 2002, Moi lived in retirement but still retained some popularity with the masses. He spoke out against a proposal for a new constitution in 2005. On 25 July 2007, Kibaki appointed Moi as special peace envoy to Sudan. On 28 August 2007, Moi announced his support for Kibaki's re-election.


He spoke out against a proposal for a new constitution in 2005. On 25 July 2007, Kibaki appointed Moi as special peace envoy to Sudan. On 28 August 2007, Moi announced his support for Kibaki's re-election. Moi owns the Kiptagich Tea Factory, established in 1979, which in 2009 the factory was under threat of being closed down by the government during the Mau Forest evictions. Challenges and achievements The major test to His leadership was in August 1982 when a detachment of Airforce soldiers attempted to overthrow his government but they were crushed. Achievements Moi served as Chairman of the Organization of African Unity OAU for two consecutive terms - 1981 and 1982. He has also been involved in mediation between various conflicting sides in Uganda, Congo, Somalia, Chad, Sudan, Mozambique, Eritrea Ethiopia, Rwanda, and Burundi etc. He served as Chairman of Preferential Trade Area 1989-1990 , COMESA 1999-2000 , E.A. Co-operation 1996- 2002 and Inter-Governmental Authority on Development IGAD 1993 - 1998 . Key notes for the teacher and students- Cheloti 2013 Page 109 He has travelled widely, being called upon as a president to provide peace keeping forces in troubled parts of the world like Chad, Uganda, Namibia, Mozambique, Iran Iraq, Kuwait, Yugoslavia, Liberia, Morocco, Angola, Serbia Croatia, D.R. Congo, Sierra Leone and East Timor. Moi has supported the formation of regional economic bodies to increase trade and as a means for the developing countries to have a united voice in the global economy. On 30th December 2002, Moi handed over power to Mwai Kibaki in a peaceful transition that followed the Narc victory over Kanu in the December 2002 General Elections. Currently, Moi is setting up a foundation through which he hopes to participate in solving conflicts in the horn of African and the Great Lakes Region as well as help rehabilitate street children and those orphaned by HIV aids. Jaramogi Ajuma Oginga Odinga Oct.1911 Jan 20, 1994 .


On 30th December 2002, Moi handed over power to Mwai Kibaki in a peaceful transition that followed the Narc victory over Kanu in the December 2002 General Elections. Currently, Moi is setting up a foundation through which he hopes to participate in solving conflicts in the horn of African and the Great Lakes Region as well as help rehabilitate street children and those orphaned by HIV aids. Jaramogi Ajuma Oginga Odinga Oct.1911 Jan 20, 1994 . Early years and career Oginga Odinga was born at Nyamira Kang o, in Sakwa location in Bondo, in October, 1911. Christened Obadiah Adonijah, he later renounced his Christian names and became known as Ajuma Oginga Odinga. Young Odinga began his formal education in 1926, at Maranda. He sat for his common entrance examination in 1929. He Attended Maseno School where he sat his STD 8 exams in 1934. He enrolled at Alliance High School in 1935 upto, finishing his formal education with a diploma in education from Makerere University College in 1939. From 1940 to 1942 Odinga taught mathematics at the Church Missionary Society school, Maseno. From 1943 to 1946 he was headmaster of the Maseno Veterinary School. Odinga and Economic and social independence In 1944, he quit teaching and formed the Bondo Thrift Association in 1945. In 1947, he founded the Luo Thrift and Trading Corporation for commercial and political purposes, serving as its managing director until 1962. LUTATCO build their first shop, Maseno Store, posho mills at Ngiya, Bondo and Dudi. The company owned Ramogi Press in Nairobi in 1947, publishing a Dholuo newspaper, Ramogi, edited by Achieng Oneko, Odinga s student in Maseno School. They also published Nyanza Times, Radioposta, Sauti ya Mwafrika and Mumenyereri. Between 1956 and 1957, they built Ramogi House and Africa House Kisumu. He helped to form the Luo Union, which brought together all the Luo people.


They also published Nyanza Times, Radioposta, Sauti ya Mwafrika and Mumenyereri. Between 1956 and 1957, they built Ramogi House and Africa House Kisumu. He helped to form the Luo Union, which brought together all the Luo people. His efforts earned him admiration and recognition among the Luo, who revered him as Ker a title previously held by the fabled classical Luo king, Ramogi Ajwang, who reigned 400 years before him. Odinga became known as Jaramogi man of the people of Ramogi . Odinga travelled across the major towns in East Africa raising funds that resulted in the building of the Ofafa Memorial Hall in Kisumu in 1957 which became the headquarters of the Luo Union. Odinga s political contributions 1948-1963 In 1947, he won the central Nyanza African District Council elections. In 1948 he joined Kenya African Union KAU having been influenced by a Luo Union and KAU leader, Ambrose Ofafa. In 1957 and became the political spokesman of the Luo. The same year, he was elected member of the Legislative Council for the Central Nyanza constituency. He became the chairperson of AEMO formed by the eight African elected Members of the LEGCO. He with Mboya and Kiano formed the Kenya Independence Movement after AEMO began to disintegrate. Key notes for the teacher and students- Cheloti 2013 Page 110 After the 1960 Lancaster House Conference, attended by a unified African delegation, Odinga emerging as one of the radical group leader, dissatisfied Africans with the conference decisions. Odinga and other members of the legislative council formed the Kenya African National Union KANU . Odinga's KANU used its strong showing in the 1961 general elections to help gain Kenyatta's release. Odinga after independence. Kenya gained independence in Dec 1963, and Odinga was appointed minister for home affairs. When Kenya became a Republic in 1964, he was its first Vice-President. As VicePresident he did not agree with Jomo Kenyatta's government, and he resigned his post and quit KANU in 1966 to form the Kenya People's Union KPU . He openly challenged the government's use of private and foreign investment capital and its close ties with the West.


Kenya gained independence in Dec 1963, and Odinga was appointed minister for home affairs. When Kenya became a Republic in 1964, he was its first Vice-President. As VicePresident he did not agree with Jomo Kenyatta's government, and he resigned his post and quit KANU in 1966 to form the Kenya People's Union KPU . He openly challenged the government's use of private and foreign investment capital and its close ties with the West. Within KANU, a coalition formed against Odinga and in 1966 a KANU reorganization conference abolished his post of party vice-president. In October 1969, Odinga together with Achieng Oneko and other KPU members were jailed by the government. The KPU was banned, and he stayed in prison for 15 months. Odinga remained an opposition leader throughout the1970s. After Kenyatta's death in 1978, the new president, Daniel Arap Moi, tried to bring Odinga back into KANU. Moi, appointed Odinga as chairman of the Cotton Lint and Seed Marketing Board where he did not last long, because he was still outspoken against Kenyatta's policies. When Odinga was reinstated into the party in 1980, he attacked Moi and Kenyatta as corrupt and protested U.S. military presence in Kenya. Odinga attempted to register a political party in 1982, but his plans were foiled when Kenya was made a de jure single-party state in 1982, KANU party again banished Odinga. Throughout the 1980s, Odinga remained vocal in calling for democracy. In 1984, he tried to launch and register the Ramogi Development Trust RADET but the government denied it registration Odinga and the Struggle for multi-parytism in the 1990s In 1991, Odinga founded the National Democratic Party, but the government refused to recognize it and briefly jailed Odinga. Later that year Odinga and five other opposition leaders formed the Forum for the Restoration of Democracy FORD . But FORD split in 1992, and Jaramogi formed FORD-K finishing fourth behind Moi, Matiba and Kibaki. In 1993, Odinga's reputation suffered when he admitted taking a campaign contribution from a bank accused of bribing government officials.


Later that year Odinga and five other opposition leaders formed the Forum for the Restoration of Democracy FORD . But FORD split in 1992, and Jaramogi formed FORD-K finishing fourth behind Moi, Matiba and Kibaki. In 1993, Odinga's reputation suffered when he admitted taking a campaign contribution from a bank accused of bribing government officials. In the months before his death in January 1994, Odinga tried to reconcile his branch of FORD with KANU, but without success. Wangari Maathai Early life of Wangari Maathai. Maathai was born on April 1, 1940 in the Ihithe village, Nyeri County, in the central region to Muta Njugi, a farm labourer on a white owned farm in the rift valley. In 1950, she joined Ihithe Primary School for primary education in 1951, Maathai moved to St. Cecilia's Intermediate Primary School at the Mathari Catholic Mission in Nyeri where she studied for four years. During this time, she converted to Catholicism, taking the Christian name Mary Josephine. In 1956 she joined Loreto High School Limuru. She was chosen to study at American universities in September 1960 under the Kennedy Airlift or Airlift Africa. In 1964, she joined the University of Pittsburgh to study for a master's degree inKey notes for the teacher and students- Cheloti 2013 Page 111 biology. In January 1966, upon her return to Kenya, Maathai dropped her Christian name, preferring to be known by her birth name, Wangari Muta. In April 1966, she met Mwangi Mathai, whom she later married in 1969 and had three children with him. In 1971, she became the first Eastern African woman to receive a Ph.D., in Anatomy from the University of Nairobi. She was a member of the Nairobi branch of the Kenya Red Cross Society, becoming its director in 1973. In 1979, her husband, Mwangi Mathai divorced her, saying she was too strong-minded for a woman and wife and accusing her of adultery with another Member of Parliament. Wangari Maathai as political activist. In 1979, Maathai ran for the position of chairman of the National Council of Women of Kenya NCWK .


In December 2007, choosing to run as the candidate of a smaller party Maathai was, defeated in the parliamentary election. The life of Wangari Maathai as an environmental conservationist. Following the establishment of the Environment Liaison Centre in 1974, Maathai became the chair of the board. In 1974, with her husband as the MP for Lang ata constituency, Maathai founded the Envirocare Ltd., a business that involved the planting of trees to conserve the environment. This led to the planting of her first tree nursery, in a government tree nursery in Karura Forest. On June 5, 1977, marking World Environment Day, Maathai led the NCWK in a procession from Kenyatta International Conference Centre to Kamukunji Park where they planted seven trees in honor of historical community leaders. This was the first "Green Belt" planted by what became the Green Belt Movement. Key notes for the teacher and students- Cheloti 2013 Page 112 In 1982, she was approached by Wilhelm Elsrud, executive director of the Norwegian Forestry Society. Who partnered with the Green Belt Movement and offered her the position of coordinator. In 1987, Maathai stepped down as chairman of the NCWK and focused her attention on the newly separate nongovernmental organization. In October 1989, Maathai learned of a plan to construct the 60-story Kenya Times Media Trust Complex in Uhuru Park. Her protests, some leading to her being harassed, led to the foreign investors to cancel the project in January 1990 In June 1992, both Maathai and President Arap Moi traveled to Rio de Janeiro for the UN Conference on Environment and Development Earth Summit where she became a chief spokesperson despite government protest. In 1998, Maathai protested against the privatization of large areas of public land in the Karura Forest. In August 16, 1999, when the president announced that he was banning all allocation of public land. On October 8, 2004, Maathai became the first African woman, and the first environmentalist, to win the Nobel Peace Prize for her contribution to sustainable development, democracy and peace. On March 28, 2005, she was elected the first president of the African Union's Economic, Social and Cultural Council and was appointed a goodwill ambassador for an initiative aimed at protecting the Congo Basin Forest Ecosystem.


In August 16, 1999, when the president announced that he was banning all allocation of public land. On October 8, 2004, Maathai became the first African woman, and the first environmentalist, to win the Nobel Peace Prize for her contribution to sustainable development, democracy and peace. On March 28, 2005, she was elected the first president of the African Union's Economic, Social and Cultural Council and was appointed a goodwill ambassador for an initiative aimed at protecting the Congo Basin Forest Ecosystem. Achievements of Wangari Maathai. A As a member of the Kenya Association of University Women, she was on the forefront in campaigning for equal benefits for the women while at the university and also as a member National Council of Women of Kenya NCWK . B she succeeded in stopping the government from encroaching on a public utility at Uhuru park to construct the 60-story Kenya Times Media Trust Complex. C She succeeded in pressurizing the government to release political prisoners through painful hunger protests at Uhuru Park. The prisoners were released in early 1993.. d Maathai was the first African woman, and the first environmentalist, to win the Nobel Peace Prize for her contribution to sustainable development, democracy and peace. E Maathai has been very instrumental in environmental protection through the Green Belt Movement. THE FORMATION, STRUCTURE AND FUNCTIONS OF THE GOVERNMENT OF KENYA. THE ELECTORAL PROCESS. Role of the Independent Electoral and Boundaries Commission in Kenya. A The Commission is responsible for conducting or supervising referenda and elections to any elective body or office. B It is responsible for continuous registration of citizens as voters and regular revision of the voters roll. C It Prescribes and reviews electoral boundaries in constituencies and wards at intervals of not less than eight years, and not more than twelve years. The constitution provides for 290 constituencies established under the following considerations;Key notes for the teacher and students- Cheloti 2013 Page 113 Community of interest, historical, economic and cultural ties Geographical features and urban centres Means of communication d It is responsible for regulation of the process by which parties nominate candidates for elections. E The commission is responsible for settlement of electoral disputes, including disputes relating to or arising from nominations. However it does not handle election petitions and disputes subsequent to the declaration of election results. F The registration of candidates for election.


E The commission is responsible for settlement of electoral disputes, including disputes relating to or arising from nominations. However it does not handle election petitions and disputes subsequent to the declaration of election results. F The registration of candidates for election. G Educate informs the public on the requirements for voters and contestants h Facilitation of the observation, monitoring and evaluation of elections. I It is responsible for regulation of the amount of money that may be spent by or on behalf of a candidate or party in respect of any election. J Identifies, appoints and trains election officials. K Verifies and announces election results l Prepares ballot papers and other election materials. M Identifies and recommends polling stations. Types of elections. There are three types of elections in Kenya; a General elections. These are elections held after every five years. Initially they were meant to be held on the second Tuesday in August on the fifth year. But this has since been altered due to the delay in new constitution implementation process b By elections. These are elections of new leaders to fill vacant seats left following deaths of occupants, resignation or annulment of their election through successful petition in court. C Re run elections- this are elections held exactly one month after the general elections involving only two presidential candidates in case of no clear winner in the general election. Why Kenyans elect their representatives to parliament every five years. A It is a constitutional requirement that Kenyans elect MPs after every five years. B The elections give Kenyans a chance to practice their democratic right of choosing their representatives. C It enables Kenyans control their elected representatives i.e. the fear of losing election ensures that elected representative serve the electorate well. D It enables Kenyans choose between representatives and between parties that express the policies that they agree with. E Through periodic elections, Kenyans are able to participate in activities of their government The following methods have been used in elections in Kenya. A Mololongo queuing b Acclamation c Secret ballot. THE 2007 ELECTIONS IN KENYA The electoral process that was adopted by the ECK under the stewardship of Samuel Kivuitu in the 2007 election was very unfair and yielded false results. This caused the outbreak of violence, bloodshed, destruction and loss of property.


A Mololongo queuing b Acclamation c Secret ballot. THE 2007 ELECTIONS IN KENYA The electoral process that was adopted by the ECK under the stewardship of Samuel Kivuitu in the 2007 election was very unfair and yielded false results. This caused the outbreak of violence, bloodshed, destruction and loss of property. The Kreigler commission that was formed to look into the causes of the 2008 violence reportedKey notes for the teacher and students- Cheloti 2013 Page 114 the following weaknesses. A Irregularities in the voter register which excluded 30 of the potential voters the register contained names of deceased persons. Women who had attained the voting age were found to be under represented. B Imbalanced distribution of registered voters among constituencies. Some constituencies like Embakasi had over 200, 000 registered voters while others like Mandera East had less than 20,000 registered voters. C Rampant cheating where in some cases the votes cast were more than 100 of the registered voters. D Existence of exclusive strongholds with some electoral areas being out of bounds for some political parties. E There was a defective system of voter tallying and relaying of information. Some of those declared winners finally lost their seats through election petitions. F Incompetence of the ECK officials with even the chairmen stating clearly that it was impossible to establish who won the elections. G The results relayed sometimes faced integrity queries. Some officials relayed cooked results. H The composition of the ECK raised suspicion especially among the opposition. The principles that govern the electoral process in Kenya. A All citizens have the freedom to exercise their political rights b Not more than two-thirds of the members of elective public bodies shall be of the same gender. C Persons with disabilities must receive fair representation. D There must be universal suffrage based on the aspiration for fair representation and equality of vote. E The elections should be free and fair and will be by secret ballot, free from violence, intimidation, improper influence or corruption. F The elections will be conducted by an independent body, transparent; and administered in an impartial, neutral, efficient, accurate and accountable manner. Legislation on Elections. The following legislations govern the electoral process in Kenya.


F The elections will be conducted by an independent body, transparent; and administered in an impartial, neutral, efficient, accurate and accountable manner. Legislation on Elections. The following legislations govern the electoral process in Kenya. A The constitution of Kenya-that is a sovereign state and republic with the people owning all sovereign power directly or through democratically elected leaders. B The national assembly and presidential elections Act- it outlines the steps to be followed in the registration of voters, nomination of candidates, polling and counting of votes and other related processes. C The local government act- it gives the procedure and rules for conducting elections for county, municipal and town councils. D The electoral offences Act. It lays out the election offences like bribing of voters, threatening voters, voting more than once or causing violence on polling day or during campaigns. Voter registration. Qualifications of a voter in an electoral process in Kenya. A One must be an adult citizen at least 18 years old. B He she must be a Kenyan citizen in possession of an identity card or passport. Key notes for the teacher and students- Cheloti 2013 Page 115 c He she must be a registered voter. D He she must been registered at only one registration centre e One must not be an insane person. F He she must have been convicted of an election offence during the Preceding five years. Voter and civic education. Voter education refers to the provision of information, materials and programmes to voters with the intention of informing them about the specifics of voting process for a particular election. For example, information on who is eligible to vote, where and how to register. Civic education is aimed at conveying knowledge to the citizens about the country s political system and context. For example, information about the system of government, the nature and powers of the elective offices, to be filled in an election. Nomination of candidates. There are two categories of Nominations a Party nominations b IEBC nominations Party nominations This refers to the selection of political party candidates to contest in an election. It is done through queuing, acclamation or secret ballot. It may involve nomination for county, parliamentary or presidential elections. IEBC nominations Once the political parties have nominated their candidates, they are presented to the IEBC for formal nomination to contest the presidential, parliamentary or county civic elections.


E If one is of unsound mind. F If one is declared bankrupt. G Is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election. H If one is found, in accordance with any law, to have misused or abused a State office or public office. An elected MP may lose his her seat in parliament under the following circumstances. A When he she ceases to be a Kenyan citizen. B He she receive a jail sentence exceeding 6 months or death penalty from a court of law. C When he she resign, through writing to the speaker, from the national assembly. D When he she is declared bankrupt by a court of law. E When he she is found to be of unsound mind. F When he she resigns from the sponsoring political party or as an MP. G When he she fails to attend 8 consecutive sessions during the life of a particular parliament without permission from the speaker. H When he she defects from one party to another. I When he she having been elected to parliament as an independent candidate, decides to join a political party. Campaigns. The campaign periods starts immediately after IEBC nomination of candidates and ends 12 hours before the polling day. The main purpose of campaigns is to give the voters chance to assess aspiring candidates and their party policies and strategies and then decide the right candidate. Polling Voting is done in the polling station. It takes place from 6.00am to 6.00 pm on the Election Day. Counting of votes begins after the closure of the exercise. The presiding officer then announces the number of votes garnered by each candidate. The returning officer, the election officer in the constituency then tallies the total votes from all the polling stations and announces per candidate in the constituency. He she declares the elected mp for the constituency and councilors of each ward. He announces the number of votes per candidate for the presidential elections. The IEBC then declares the validly elected candidates for the presidential, National Assembly and Senate. Factors likely to interfere with free and fair elections in Kenya. A Ethnic loyalties polarization Party loyalties. People may be compelled to vote along tribal lines, in total disregard of the leadership records or accomplishment of those they elect. B Illiteracy of some voters. This curtails their ability to mark the ballot papers correctly.


People may be compelled to vote along tribal lines, in total disregard of the leadership records or accomplishment of those they elect. B Illiteracy of some voters. This curtails their ability to mark the ballot papers correctly. C Inadequate civic education. The lack of adequate sensitization of the voters can lead to ineffective election process. Key notes for the teacher and students- Cheloti 2013 Page 117 d Violence. Harassment of voters by rival groups Insecurity fear instilled in candidates. All forms of chaos makes accessibility to voting stations by voters difficult. E Corruption of candidates and their supporters. This is through bribing of voters to vote for certain candidates. F Incompetent election officials. Some election officials are partisan and therefore unable to preside over elections competently. G Rigging. On many occasions aspiring candidates or their agents have complained of rigging. H Transport difficulties. The electoral process in Kenya has been faced with the problem of Inaccessibility of some polling stations i Communication problems. During the voting day, some remote areas experience communication problems between the headquarters and the polling stations. J Extreme weather conditions. Delivery of polling materials has sometimes been affected by bad weather. K Gender insensitivity. For a long time, women have not been given a fair share in the electoral process in Kenya. L Use and misuse of mass media. Some politicians own some media houses, sometimes they have subjected them to misuse. There has been also the problem of imbalance when it comes to media coverage of elections. Electoral guidelines and regulations that may help minimizeirregularities. A Whatever voting method is used, the system must be simple, accurate, verifiable, secure, accountable and transparent. B The votes cast must be counted, tabulated and the results announced promptly by the presiding officer at each polling station. C The results from the polling stations must be openly and accurately collated and promptly announced by the returning officer. D Appropriate structures and mechanisms to eliminate electoral malpractices must be in place, including the safekeeping of electoral materials. Electoral disputes The following must be observed as pertains to election disputes: a Electoral petitions, other than in a presidential election, must be filed within 28 days after the declaration of the election results by the IEBC. B Service of a petition may be direct or by advertisement in a newspaper with national circulation.


D Appropriate structures and mechanisms to eliminate electoral malpractices must be in place, including the safekeeping of electoral materials. Electoral disputes The following must be observed as pertains to election disputes: a Electoral petitions, other than in a presidential election, must be filed within 28 days after the declaration of the election results by the IEBC. B Service of a petition may be direct or by advertisement in a newspaper with national circulation. ELECTION OFFICIALS The following are the officers appointed by the IEBC to assist in administering elections. 1. District election coordinators. -. Officials responsible for all electoral matters at district level. They act as a link between people at the grassroots level and the IEBC headquarters. 2. Registration officers. They register voters in each constituency and issue them with voter s card. 3. Returning officers. Are in charge of elections in a constituency which has several polling stations. They perform the following functions: a They set up polling booths in each polling station. B They receive nomination papers from prospective candidatesKey notes for the teacher and students- Cheloti 2013 Page 118 c They distribute ballot papers and boxes to polling stations. D They supervise the voting and counting of votes in the constituency. E They appoint the presiding officers in each polling station. F Announcing the results of the elections. 4. Presiding officers. In charge of polling stations. And perform the following duties; a They conduct the polls in an orderly, free and fair manner at the polling station. B They ensure that every eligible voter votes only once. C They help illiterate voters mark ballot papers. D They seal the ballot boxes and transfer them to a central point in the polling station where the votes will be counted. E They maintain law and order at polling stations and report any irregularities to the returning officer. F They ensure that there is impartiality in conducting. 5. Polling clerks. On the polling day, they assist and guide voters, particularly those who are illiterate. 6. Security personnel. Police officers maintain law and order during the polling and counting of votes. 7. Counting clerks. They sort out ballots and then count the ballots per candidate. 8. Party agents. They represent candidates or political parties in a polling station or counting hall to ensure that the polling and counting procedures are transparent , orderly , free and fair. 9. Observers.


They represent candidates or political parties in a polling station or counting hall to ensure that the polling and counting procedures are transparent , orderly , free and fair. 9. Observers. These are neutral persons who make observations and write reports on the polling and counting exercise to indicate if the elections were free and fair or not. FORMATION OF GOVERNMENT NATIONAL GOVERNMENT Kenyans directly or indirectly exercise their sovereign or absolute power through their democratically elected representatives. This power is delegated to the state organs or arms of government namely; a The parliament and the legislative assemblies in the county assemblies. B The national executive and the executive structures in the county government. C The judiciary and independent tribunals. The process of National government formation. After every election, the party with the majority of seats in the house forms the government by appointing cabinet secretaries from among professionals not among elected MPs with the approval of the National Assembly. The president then appoints the judiciary with the advice of the JSC. The president-elect is sworn in by the chief Justice and the members of the three arms of government also take oath. The three arms of government operate independently and work on checks and balances The executive is responsible for running the country by developing and implementing policies that lead to national development. Even after dissolution of parliament after its expiry, the cabinet exists until a new one isKey notes for the teacher and students- Cheloti 2013 Page 119 appointed. This is to ensure that there is no power vacuum and that government operations continue. Role of government in Kenya a Government ensures that social and economic development is undertaken by putting in place policies to improve schools, hospitals, agriculture, trade, housing and industry. B It upholds human rights and freedoms and ensures that all citizens live in peace and harmony through the administration of justice and maintaining law and order. C Government organizes an effective defence force to protect the country from internal and external aggression. D It also has a duty to establish sound foreign policies to promote international cooperation with other countries by setting up foreign embassies and high commissions. E It has a duty to foster national unity by recognizing diversity and ensuring equitable sharing of national and local resources. F Government protects and promotes the interests and rights of the minorities and marginalized communities. COUNTY GOVERNMENT The county government is composed of County assemblies, county executive committees and county public service and exist in each of the 47 counties throughout Kenya.


E It has a duty to foster national unity by recognizing diversity and ensuring equitable sharing of national and local resources. F Government protects and promotes the interests and rights of the minorities and marginalized communities. COUNTY GOVERNMENT The county government is composed of County assemblies, county executive committees and county public service and exist in each of the 47 counties throughout Kenya. A county government consists of; a Members one member per ward elected by the registered voters of the wards in a general election in Kenya. B The Speaker, who is an ex officio member. C Members appointed by the county governor, with the approval of the county assembly, from among persons who are not members of the assembly. The structure of the executive arm of the county government. The executive authority of the county is vested in the county executive committee. The committee consists of; a The county Governor and the Deputy County Governor who are the chief executive and deputy chief executive of the county respectively. 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. Key notes for the teacher and students- Cheloti 2013 Page 120 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.


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. 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.


The Composition and membership of the National Assembly. The National Assembly consists of; a Two hundred and ninety members, each elected by the registered voters of single member constituencies. B Forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency. C twelve members nominated by parliamentary political parties according to their proportion of members of the National Assembly to represent special interests including the youth, persons with disabilities and workers. D The Speaker, who is an ex officio member. Membership of the Senate The Senate consists of; a forty-seven members each elected by the registered voters of the counties, each county constituting a single member constituencyKey notes for the teacher and students- Cheloti 2013 Page 122 b Sixteen women members nominated by political parties according to their proportion of members of the Senate elected. 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. 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.


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. 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. Key notes for the teacher and students- Cheloti 2013 Page 123 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 standing 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.


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. 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. 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 inKey notes for the teacher and students- Cheloti 2013 Page 124 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.


E Parliament is the sole body that has the power to make provision having the force of law inKey notes for the teacher and students- Cheloti 2013 Page 124 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. 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 exercises oversight 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. 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 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 assemblyKey notes for the teacher and students- Cheloti 2013 Page 125 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 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 the future. 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.


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. 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. 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. Key notes for the teacher and students- Cheloti 2013 Page 126 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 to 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.


Sections of it may also be published in the local dailies so as to publicize the law to 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 originating 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. 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.


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 ofKey notes for the teacher and students- Cheloti 2013 Page 127 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. 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. 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.


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. Key notes for the teacher and students- Cheloti 2013 Page 128 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. 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.


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 theKey notes for the teacher and students- Cheloti 2013 Page 130 republic, promote and enhance unity of the nation and promote respect for diversity. 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. J The President ensures that the international obligations of the Republic are fulfilled through the actions of the relevant Cabinet Secretaries. NB-the constitution provides the president with immunity from criminal proceedings during the tenure of office in respect of anything done or not done in exercise of the powers granted by the constitution. But this immunity does not extend to a crime for which the president may be prosecuted under any treaty to which Kenya is part to, and which prohibits such immunity.


The office holder is nominated and appointed by the president, with the approval of theKey notes for the teacher and students- Cheloti 2013 Page 132 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. 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 civil proceedings to which the Government is not a party.


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 civil proceedings 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. Key notes for the teacher and students- Cheloti 2013 Page 133 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 or authority, 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. 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 h Representation of Kenya s diverse communities.


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 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. Key notes for the teacher and students- Cheloti 2013 Page 134 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 personnel practices 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. H It reviews and makes recommendations to the national government in respect of conditions of service, code of conduct and qualifications of officers in the public service. I It evaluates and reports to the President and Parliament on the extent to which the values and principles that govern public service are complied with in the public service. J It hears and determines appeals in respect of county governments public service.


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. 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 function effectively. 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 territorialKey notes for the teacher and students- Cheloti 2013 Page 136 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.


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 El Nino rains-construction of mobile bridge on Mombasa-Nairobi highway. 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. 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.


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. Key notes for the teacher and students- Cheloti 2013 Page 137 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. 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. 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.


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. Key notes for the teacher and students- Cheloti 2013 Page 138 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. 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.


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. I They liaise closely with international police Interpol , in order to investigate and arrest international criminals such as terrorists and notorious Somali pirates. Challenges facing the National Police Service a The police lack adequate transport and communication equipment necessary to discharge their duties. Lack of facilities such as radios, motor vehicles etc. Key notes for the teacher and students- Cheloti 2013 Page 139 b Frequent road accident and congestion on roads add pressure to police work. C Many members of the public in Kenya have Negative attitude towards the police making it difficult for them to discharge duties. D Poor conditions of work and remuneration demotivates the police force. E The police force has been accused of Corruption, sometimes demanding for money from the public. This undermines the maintenance of law and order.