Meaning of the executive.
This is the arm of government which deals with the implementation of laws made by parliament. It is charged with the administration of affairs of a country as well as affairs which affect the country from outside.
The National executive comprises;
a) The president.
b) The deputy president.
c) The cabinet.
d) The attorney general.
e) The director of public prosecutions
f) The public service.
He is the Chief Executive Officer of the republic of Kenya. He is the head of state and government in Kenya. He is the commander-in-chief of the Kenya Defence Forces. He is a symbol of national unity.
He holds office for a five year term from the date of being sworn in to office and the term expires when the next candidate elected as president is sworn in. the constitution gives a two-five year term as the maximum period for the president’s position.
Qualifications for election as President in Kenya.
A candidate must also attract 25% of the votes cast in more than half of the counties in kenya in order to qualify to be a president.
Disqualifications one from vying for election as a president in Kenya
Assumption of office of the president.
The president-elect assumes office by taking two oaths namely;
Importance of a presidential election.
Powers and functions of the president of Kenya as derived from the constitution of Kenya.
The process of Removal of President by impeachment.
A member of the National Assembly moves a motion for the impeachment of the President on the following grounds;
The President continues to perform the functions of the office pending the outcome of the proceedings.
Within seven days, the Speaker of the Senate convenes a meeting of the Senate to hear charges against the President.
A special committee appointed by the senate investigates the matter; and report to the Senate within ten days.
If the special committee reports that the particulars of any allegation against the President have not been substantiated, further proceedings shall not be taken
If any of allegations against the President have been substantiated, the Senate, after according the President an opportunity to be heard, votes on the impeachment charges.
If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the President shall cease to hold office.
Reasons that may lead to a presidential by-election in Kenya.
THE DEPUTY PRESIDENT
The deputy president is nominated by the presidential candidate during a general election.
The process of Electing and swearing in of a Deputy President in Kenya.
Under the following circumstances, one can cease to hold the office of the Deputy President
Functions of the Deputy President in Kenya.
Functions and powers of the Public Service Commission.
- The Commission is responsible for establishment and abolishment of offices in the public service.
- It appoints persons to hold or act in Offices in the public service and confirm appointments.
- It exercises disciplinary control over and removes persons holding or acting in public offices.
- It promotes the values and principles throughout the public service.
- It investigates monitors and evaluates the organization, administration and personnel practices of the public service.
- It has the duty to ensure that the public service is efficient and effective.
- It develops human resources in the public service.
- 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.
- 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.
- It hears and determines appeals in respect of county governments’ public service.
Offices in the public service that are exempted from the regulation and control of the public service commission;
- State offices.
- An office of high commissioner, ambassador or other diplomatic or consular representative of the republic.
- An office or position subject to:
- The Parliamentary Service Commission.
- The Judicial Service Commission.
- The Teachers Service Commission
- The National Police Service Commission.
- An office in the service of a county government, with the exception of powers to create and establish offices.
Ways in which a public officer is protected by law while in service.
- A public officer shall not be victimized or discriminated against for having performed the functions of office in accordance with the Constitution.
- He/she shall not be dismissed, removed from office, demoted in rank or otherwise subjected to disciplinary action without due process of law.
Organs of national security.
Principles that promote and guarantee national security in Kenya.
- National security is subject to the authority of the constitution and parliament.
- Operations of national security must be consistent with the law and must respect the rule of law, democracy, human rights and fundamental freedoms.
- In performing their functions and exercising their powers, national security organs must respect cultural diversity of the communities within Kenya.
- Recruitment by the national security organs must reflect the diversity of the Kenyan people in equitable proportions.
National security organs in Kenya.
- The Kenya Defence Forces.
- The National Intelligence Service.
- The National Police Service.
National Security Council
Composition of the National Security Council
- The President.
- The Deputy President.
- The Cabinet Secretary responsible for Defence.
- The Cabinet Secretary responsible for foreign affairs.
- The Cabinet Secretary responsible for internal security.
- The Attorney-General.
- The Chief of Kenya Defence Forces.
- The Director-General of the National Intelligence Service.
- The Inspector-General of the National Police Service.
Functions of the National Security Council in Kenya.
- It exercises supervisory control over national security organs.
- 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.
- It makes assessment and appraisal, the objectives, commitments and risks to the Republic in respect of actual and potential national security capabilities.
- The Council reports annually to Parliament on the state of the security of Kenya
- 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.
- It approves the deployment of foreign forces in Kenya.
The Kenya Defence Forces.
- The Kenya Army, established in 1963 and which protects the country against external land-based aggression.
- The Kenya Air force, established in 1963, disbanded in 1982 and renamed 82 Air force. It helps in the control of locust invasion.
- The Kenya Navy, based in Mombasa and created in 1964, patrols Kenya’s territorial waters and is always on the alert for sea-borne invasions, and for illegal landings and departure, and unauthorized fishing by foreign vessels in Kenyan waters.
Functions of the Kenya Defence forces.
- The Defence Forces are responsible for the Defence and protection of the sovereignty and territorial integrity of the Republic.
- They assist and cooperate with other authorities in situations of emergency or disaster.
- 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.
- The forces also assist in the preservation of internal security. For example the handling of the attempted coup by the Kenya Army in 1982.
- They participate in nation building activities such as road and bridge construction.
- 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.
- 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.
- The Kenya Army takes part in peacekeeping Missions, such as the United Nations peacekeeping operations in different parts of the world and also the African Union and Commonwealth.
The Kenya Defence Council.
- The cabinet secretary responsible for defence is the chairperson.
- The Chief of the Kenya Defence Forces.
- The Three Commanders of the defence forces.
- The Principal Secretary in the ministry responsible for defence.
It is responsible for the overall policy, control and supervision of the Kenya Defence Forces.
Challenges facing the Kenya Defence Forces.
- There has being cases of indiscipline, such as the abortive coup attempt in 1982.
- 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.
- Tribalism, regionalism and nepotism have also been experienced in the Kenya Defence Forces, thereby demoralizing hardworking officers who are left out unfairly during promotions.
- Sometimes the Kenya Defence Forces faces the problem of lack of adequate funds to equip the forces with good equipment to facilitate their work.
- The majority of the military personnel are not provided with opportunities to acquire further education.
- Piracy and militia attacks and raids at the Kenyan Borders also present a major security challenge to the Defence Forces.
- 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.
- 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
- The defence forces also face challenges related to allegations on violations of human rights. After the 2008 elections violence, the Kenyan 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.
Function of the National Intelligence Service
- It is responsible for security intelligence and counter intelligence to enhance national security.
- 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.
- Information gathered by the NIS assists the government in decision –making and planning.
- The NIS in its operations protects human rights issues and the individual freedoms.
Challenges facing the National Intelligence Service.
- 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.
- The body lacks financial credibility and political independence. The extent to which NIS is Neutral in its handling of sensitive affairs is questionable.
- 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.
- 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.
- 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.
- Continuous capacity building training is a necessity, given the complexity of the task. However this remains a challenge.
- Limited financial and human resources since inadequate funds are allocated to the service. This limits its operations. Sometimes even the staff employed is incompetent.
- Political interference- with the aim of using the service to gain political mileage.
- 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.
- 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.
The National Police Service.
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;
- The Kenya Police Service, headed by a deputy inspector general also appointed by the president in accordance with the police service commission recommendations.
- 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
- The National Police Service is responsible for the operations of the Kenya police service and the Administration police service in Kenya.
- It has the duty of ensuring the highest standards of professionalism and discipline among its members.
- It has the duty to prevent corruption and promote and practice transparency and accountability.
- It has the duty to ensure that organs operating under it comply with constitutional standards of human rights and fundamental freedoms.
- 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.
- It fosters and promotes relationships with the broader society.
Functions of the police service (Kenya police service and administration police service).
- The police maintain law and order to ensure that those who break the law are arrested.
- The police protect the law in order to safeguard both life and property.
- It investigates crime and prosecutes offenders in the court.
- The police confines suspected criminals in remand as they await the hearing and judgment of their cases in the court.
- The police regulate traffic and arrests traffic offenders. They also check for defective or unroadworthy vehicles on the road in order to safeguard life.
- Provides assistance and relief services to victims of natural calamities such as floods, fire outbreaks and other emergencies.
- Takes part in national projects such as road construction, bridges, hospitals and other national facilities.
- The police take a leading role during public holidays. They control the crowd and entertain people.
- 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
- The police lack adequate transport and communication equipment necessary to discharge their duties. Lack of facilities such as radios, motor vehicles etc.
- Frequent road accident and congestion on roads add pressure to police work.
- Many members of the public in Kenya have Negative attitude towards the police making it difficult for them to discharge duties.
- Poor conditions of work and remuneration demotivates the police force.
- The police force has been accused of Corruption, sometimes demanding for money from the public. This undermines the maintenance of law and order.
- Easy access to dangerous and sophisticated weapon by criminals makes police work more difficult.
- Terrorism is a serious challenge to the police in Kenya. Some of the terrorists have targeted members of the police force.
- Political interference in the work of the police compromises the integrity of the police force.
- Modernization and advancements in ICT also some with major challenges for the police. Incidents of cyber crimes have escalated in the world, including kenya.
- Lack of regular – in service training for police officers to cope with emerging challenges. This challenge is even compounded by the problem of recruiting of people with low academic qualifications into the force and who can’t deal with sophisticated cases.
The National Police Service Commission.
The structure of the National Police Service Commission.
- A person who is qualified to be appointed as a High Court Judge, and who is appointed by the president.
- Two retired senior police officers, each of whom is appointed by the president.
- Three persons of integrity who have served the public with distinction, each of whom is appointed by the president.
- The Inspector-General of the National Police Service.
- Both Deputy Inspectors-General of the National Police Service.
Functions of the National Police Service Commission
- The Commission recruits and appoints persons to hold or act in offices in the service.
- The commission confirms appointments, and determines promotions and transfers within the National Police Service
- It observes due process, exercises disciplinary control over and removes persons holding or acting in offices within the Service.
Possible solutions to challenges facing the national security organs.
- The security organs have acquired modern telecommunication equipment and vehicles to improve transport and communication in the security force.
- Introduction of the post of public Relations Officer/ Spokesman in the organs to coordinate and disseminate information.
- Raising of qualification requirements for anybody aspiring to join the security organs. This has paved way for employment of university graduates in the forces.
- Introduction of professional training programmes for officers with the aim of improving the effectiveness of the organs of national security.
- The terms and conditions of service for the members of the security organs have been improved
- Community policing has-been introduced to help the security forces to get information from the public through hotlines and suggestion boxes.
- There is increased patrolling by the Kenya navy as far north as Somali border to address maritime defence more seriously.
- The aviation experts have recommended the relocation of Moi Airbase from its current location which id congested.
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In 1963 the Prisons Act was enacted to harmonize the treatment and conditions of offenders in
Kenya’s penal institutions. The Act’s milestone provisions were;
- Youth corrective training centres
- Extra-mural and penal employment
- Provision for organization, discipline, power and duties of prisons officers. Correctional services in Kenya are provided by the former Kenya Prisons Service.
- Interactive collaboration with all stakeholders in the administration of criminal justice such as courts of law and members of the National Police Service.
- Improvement in the management and conditions of the prisons, including rehabilitation programmes, with a view to empower prisoners with knowledge and skill, hasten their reintegration into society and empower them to be law abiding citizens upon release.
The functions of Correctional Services in Kenya.
- They Rehabilitate/correct criminals through counseling.
- They deter known criminals from committing other crimes.
- They administer Punishment to sentenced criminals as prescribed by the court rulings-implement the decisions of the courts regarding treatment of prisoners.
- They confine prisoners convicted by the courts of law to ensure that the rights and freedoms of the public are protected.
- They provide vocational training for prisoners in fields that they make them productive citizens of the country at the end of their jail term.
- They keep watch over he behaviors of suspected criminals whose cases are still pending in the law courts.
- They take care of the welfare of prisoners by providing them with the necessary medical attention.
- They confine suspected dissidents who are a threat to state security.
Challenges facing correctional services in Kenya
- The challenge of overcrowding in prisoners on the rise, overcrowding in correctional facilities has been inevitable. This results in poor living and sanitation conditions for inmates.
- Disease outbreak is a very common problem in our prisons mainly caused by inadequate and congested facilities. HIV and AIDS is rampant in prisons
- Mistreatment of inmates by warders. This has once happened at Kingongo when some inmates were allegedly tortured and killed by warders when they attempted to escape.
- Food shortage, inadequate medical facilities and poor clothing further compound the situation in prisons.
- Improvement in the quality of food, medical services and living conditions for prisoners.
- Provision of sufficient beddings and clothing.
- Introduction of extra-mural Penal employment for petty offenders to ease congestion in the prisons.
- There has been supply of new and comfortable motor vehicles for efficient transport in the correctional services department.
- Petty offenders have been constantly released to ease congestion in prisons. For example the release of a record 11,500 prisoners in December 2003. Death row inmates who have also been in jail for over ten years have been released.
- Easing of access to prisons/visits by members of the public/relatives.
- Introduction of public Relations office to disseminate information.
- Streamlining the hearing of cases with a view of keeping prisoners in remand for a short period before sentencing them.
- The national government has also become directly involved the affairs of those receiving correction services.
Chapter 15: Democracy And Human Rights
Chapter 16: European Invasion And The Process Of Colonization Of Africa
CHAPTER 17: ESTABLISHMENT OF COLONIAL RULE IN KENYA.
CHAPTER 18: COLONIAL ADMINISTRATION
CHAPTER 1: INTRODUCTION TO HISTORY AND GOVERNMENT
CHAPTER 20: Political Developments And Struggle For Independence In Kenya (1919-1963)
CHAPTER 21: Rise Of African Nationalism
CHAPTER 22: EMERGENCE AND GROWTH OF NATIONALISM IN AFRICA
CHAPTER 23: The Formation
CHAPTER 24: WORLD WARS
Chapter 25: International Relations
Chapter 26: Co-Operation In Africa
Chapter 27: National Philosophies (Kenya)
Chapter 28: Social
Chapter 32: The Electoral Process And Functions Of Governments In Other Parts Of The World
CHAPTER 4: AGRARIAN REVOLUTION
CHAPTER 5: THE PEOPLES OF KENYA UPTO THE 19TH CENTURY
Economic And Political Developments And Challenges In Africa Since Independence
ECONOMIC AND POLITICAL DEVELOPMENTS AND CHALLENGES IN KENYA SINCE INDEPENDENCE
HISTORY AND GOVERNMENT FORM 1 TOPICS
HISTORY FORM 1 NOTES
Industrialization In Britain
INDUSTRIAL REVOLUTION IN EUROPE
LIVES AND CONTRIBUTIONS OF KENYAN LEADERS
Local Authorities In Kenya
MULTI-PARTY DEMOCRACY IN KENYA SINCE 1991
ORGANIZATION OF AFRICAN UNITY (OAU)
PUBLIC REVENUE AND EXPENDITURE IN KENYA
Structure And Functions Of The Government Of Kenya
THE AFRICAN UNION
The Coming Of The Portuguese
THE COMMON MARKETS FOR EASTERN AND SOUTHERN AFRICA
THE EAST AFRICAN COMMUNITY
THE ESTABLISHMENT AND IMPACT OF OMANI RULE AT THE EAST AFRICAN COAST
THE LAND ENCLOSURE SYSTEM
THE NON-ALIGNED MOVEMENT
THE PAN-AFRICAN CONGRESSES (1900-1945)
The Scientific Revolution.
THE SECOND WORLD WAR
WORLD WAR 1 CONTINUED....