1. CIVIC EDUCATION CENTER FOR LEADERSHIP DEVELOPMENT AFRICA ( CLAD-AFRICA) Anna Mwaure & Pauline Lugaba Responsible Citizenship CLAD AFRICA

2. Why this Education? 1. “Knowledge is Power” … Sir Francis Bacon  And more so if it is shared 2. “People perish for lack of Knowledge” … Hos 4:6  So there is a necessity to pass on knowledge

3. Why Be Informed?  What you do not know will harm you.  Unless you know you will be taken advantage of by those who know. Ignorance is not bliss. For example, there are things referred in elections as Party Lists are very important. They are to be given to IEBC by or before nominations of candidates. If a popular party nominates you on the Party List, you are as good as elected if you among the top. If you are in the bottom you know you will not be reached easily.  Information is power and the knowledge empowers one to take appropriate action.

4. The right to ask  The prodigal son asked his father for his rights  It is right to ask for our rights  What is wrong is to misuse our rights like the prodigal son  There are numerous rights set out in the Constitution  If we do not know them they are of no use to us

5. The New Constitution  Our new constitution passed in August 2010 is the Supreme Law of the nation.  Article 3(1) provides - Every Kenyan should respect, uphold and protect the constitution.  And yet we cannot do that unless we know what it contains.

6. This presentation will cover:  Executive  Legislature  Judiciary  Devolution  Elections

7. Executive

8. Executive: Clauses 129 - 158  The National Executive will Consist of:  The President  The Deputy President (the Presidents running mate)  Attorney General – no security of tenure, appointed with approval of National Assembly  14-22 Cabinet Secretaries(ministers) who will not be members of parliament, unlike how it is now  These will be appointed by the President with the approval of the National Assembly.

9. Executive  President is elected on a threshold of: 1. 50% +1 vote 2. 25% vote of 24 counties  President can be impeached for gross misconduct  Cabinet of 14 to 22 members  Appointments by president must be approved by parliament  President, Deputy President and Cabinet are not Members of Parliament

10. Executive  Powers of the president(among others) are:  Head of state and government  Commander in Chief of the armed forces  Chairperson of the National Security Council  Symbol of National Unity  Chairs the cabinet  Receive foreign diplomats  Confers honors  Power of mercy

11. PRESIDENTIAL RE-RUNS  In Clause 138 ( 5) if no candidate wins elections a re-run will be held within 30 days after the previous elections  The re run will only be between the two top candidates.  The results of Presidential elections must be announced within seven days after elections  Swearing in must be within 14 days after announcement of elections if no petition or 7 days after the court declares elections valid  Swearing in must be in Public and must be conducted by the Chief Justice

12. ELECTION PETITIONS  Election petitions should be filed in the supreme court and should be filed within 7 days after declaring of the results.  Within 14 days after filing petition the supreme court must hear and determine the petition  60 days after petition is heard and determined fresh presidential elections will be held.

13. LEGISLATURE CL.93-128

14. Parliament  Parliament will be made up of 2 houses/parliaments  A)National Assembly  B)Senate The National Assembly Total of 349 Members and Speaker  290 members of parliament elected in each constituency  The Independent and Electoral Boundaries Commission (IEBC) has already delineated the Constituencies which are still not fully accepted by all the parties.  S27 ( 8) Not more than 2/3rds must be of one gender ( about 96)

15. Parliament  47 Women Representatives elected per County  12 Members nominated by Political Parties – (from Party Lists) based on proportion of Total Number of seats won  The Speaker elected by members of the National Assembly (The Deputy Speaker will be a Member of Parliament)  The Party Lists are to be submitted to the IEBC at the same time as nominations for the elections.

16. Senate

17. The Senate  Consists of: 68 Persons  47 Members elected by one each by the Counties  16 Women members nominated by Political Parties (from Party Lists) based on proportion of Total Number of Seats Won out of the 47 above  2 Youth Representatives Nominated by Political Parties – (from Party Lists) based on proportion of Total Number of Seats won

18. The Senate  2 Representatives of Persons with Disabilities Nominated by Political Parties – (from Party Lists) based on proportion of Total Number of Seats won  Speaker elected by Members of the Senate (the Deputy Speaker will be member of the Senate)  Please note that the President will not be a member of the National Assembly or the Senate

19. Judiciary-Clauses 159-173

20. Judiciary  Supreme Court, headed by the Chief Justice  Court of Appeal, headed by the President of the Court of Appeal  High Court and other Superior Courts(labor, land and environment)  Magistrates court and Kadhis courts  Judicial Service Commission

21. DEVOLVED GOVERNMENT S 174-200

22. Devolved Government The County Assembly This will be the parliament of the County. It will make up the laws for the County. It will be made up of:  Ward Representatives (Member of the County Assembly) elected one each per ward.  Nominated Representatives (whether women or men) to be nominated by Political Parties (from Party Lists) to ensure that 2/3rds of the members are not of the same gender. Where the 2/3rds rule is not fulfilled nominations must be done.

23. Devolved Government  2 Youth Representatives and 2 other Marginalized groups (including people with disabilities) Nominated by Political Parties (from Party Lists) as described in the Elections Act  Speaker elected by Members of the County Assembly  2/3rds rule to influence size of assembly

24. Devolved Government The County Executive This is the Cabinet of the County. It will consist of:  County Governor (also called Chief Executive)  Deputy Governor (also called Deputy Chief Executive)  Executives appointed by the County Governor, and approved by the County Assembly, not Members of the County Assembly  Not to exceed 1/3 rd of the number assembly or 10 if members are more than 30  Their role is to implement County Laws and County Administration.

26. Elections

27. Who will be on the ballot box in the elections? 1. President (with his running mate for Deputy President) – must get majority votes and 25% of votes cast in at least ½ of all counties. 2. Member of Parliament for your constituency 3. Women Representative of your County in the National Assembly 4. Senator for your County, to sit in the Senate 5. Governor (with a running mate for deputy governor) 6. Member of the County Assembly for your ward.

28. Elections  Each of these will be elected at a General Election, and will serve for 5 years.  President, Deputy President, Governor, Deputy Governor, must have degrees.  Unfortunately the Elections Act does not say whether it MUST be an academic degree or whether Honorary Degrees are good enough!  All other candidates must hold “post secondary school qualifications recognized in Kenya.”  What does this mean? A diploma, a certificate perhaps!

29. NOTE  The functions of the County Government are set out in the Fourth Schedule of the Constitution and include:  Agriculture  County Health Services  Control of Air Pollution, Noise Pollution.etc.  Cultural Activities  e.t.c

30. NOTE  Devolution: 1. Is meant to ensures accountable exercise of sovereign power 2. Grant self-governance to the people 3. Protect minorities, marginalized groups 4. Ensure equitable sharing of resources 5. Bring services closer to the people

31. Devolution National Responsibilites  Foreign Affairs  Immigration and Citizenship  Police Services  Defense  National Referral Hospitals County Responsibilities Agriculture and Livestock Health County Roads Fire Fighting County Public Works County Transport

32. Call to Action  Vetting of leaders - civil as well as political leaders; evil prevails when good people keep quiet  Governance – run for office; work with somebody who is running; support good candidates.  Lobby – make a difference or talk to somebody who can.  Change of Laws – be involved in the “public participation” phase, which the constitution provides  Assist in making just laws at the County level

33. Be Involved, Not Indifferent  Vote in and vote out  Insist on proper implementation of Laws and of the constitution itself  Write to the newspapers, e.g. on the current issue of abortion, prostitution, same-sex relations and marriages – other than thinking about it what have you done?  Participate in bringing about the change we want! Occupy until He returns. If you do not, somebody else will.

34. Conclusion  Also be a person of integrity as you cannot remove a speck from another’s eye if there is a log in yours.  Vet leaders proactively  Pray for your country  As Christians we allow evil to prosper when we keep quiet.  Let our light shine in the dark world.

35. NOW YOU KNOW. THINK AND ACT NOW!