KCSE History and Government Notes All Form s

Chapter 15: Democracy and Human Rights

8/1/2017

What is democracy?

The is derived from the Greek word Democratia (Demos meaning people and Kratas meaning ‘rule or power’). It is a form of government where political decisions are directly in the hands of the citizens.

Key aspects of a real democracy.

Political aspect. The consent of the governed (expressed directly or indirectly through their elected representatives) must be sought when making political decisions. Public opinion must be given priority in governance.
Social aspect. Human dignity must be valued at all times. Every individual should be free to organize his own lifestyle, hold and express opinions, enjoy company of others and join associations.
Economic aspect. All citizens must be provided with equal opportunities. Exploitation of humans by fellow humans should be eliminated. Means of production should be nationalized to reduce inequalities between the rich and the poor.

Democracy and Human Rights

Types of democracy

Pure or direct democracy. This is where the people are directly involved and participate in decision-making. Such a democracy has an advantage in that the laws made are easily accepted by all the people since they feel they own the laws. This is common form of democracy in smaller organizations and was also used in ancient Greece.
Indirect democracy. This is a type of democracy where citizens exercise their right in decision making not directly as individuals, but through their agreed representatives, elected by the citizens. Parliament acts as the basic institution in this type of democracy. The elected may make Appointments of persons to fill other positions like the Cabinet or carry out Nomination (hand-picking of additional representatives to join the elected ones.
Constitutional Democracy. This is where democracy is exercised but within the limits of the constitution. The minority rights are guaranteed (freedom of expression, association and worship) It is also referred to as Liberal democracy and is a form of representative democracy.

Merits of democracy

It is founded on the concept of the people and therefore leaders cannot ignore the people from whom they get authority to rule. It is most popular form of government.
It recognizes equality among all the people without discrimination. It advocates equality before the law and anyone can rise to power regardless of one’s background or environment.
It promotes patriotism or national pride as it urges people to participate in their governance. This reduces chances of a revolution
It promotes liberty and peace as it advocates for peaceful coexistence. People develop a sense of cooperation. It can also promote international cooperation when extended beyond the borders.
Since it is based on moral and educative values, democracy helps individuals to develop their personality. It develops initiative of the people and their sense of responsibility.
Democracy balances the liberty of the individual with the power of the state.

Demerits of democracy.

Democracy promotes dictatorship by the majority. The majority government by fulfilling the election pledges to please the supporting electorate ends up neglecting the political, social and economic interests of the minority who did not vote for it.
Democracy encourages class struggle and corruption as only those that possess money can engage in intensive campaigns and get elected due to their influence. Then once elected, they pass laws that protect their interests.
A democratic government is usually slow and wasteful since consultations have to be made when making a decision. Time and public resources are used in the process of seeking the views of the majority.
The ethical value of democracy is questionable. It is not easy to find an honest, sincere man of good moral character being elected.
Democracy may perpetuate incompetence since it is numbers which matter when choosing a leader not the leadership qualities. Where a majority of the electorate is ignorant, they may make poor decision during elections thus promoting incompetence.
Although democracy is regarded as the rule of the majority, in essence, it is the elected minority who rule. Democracy is therefore as a form of dictatorship by the informed or elected minority.

Principles of democracy.
Principle-basic truth or general law.

Freedom of speech, debate and enquiry. The basic healthy political culture among a group of people is based on open debate among citizens where they can express their views without fear.
People’s participation as a whole in government. Through free, fair and regular elections, the government should remain a servant of the people and not master. Democracy is based on consent which can be withdrawn if the government fails to satisfy peoples’ expectations.
Open and accountable media. The media must be open in their agenda and be held accountable to the public. Media monopolies should not be allowed to develop.
Economic democracy. This implies the decentralization of economic power so that individuals and communities can be economically empowered to create and control their own wealth.
Equality before the law. Judgment should be made in accordance with a written law, rather than in an arbitrary manner. Each citizen also has an equal ability to seek and receive justice.

Human rights

Human rights refers to the accepted principles of fairness and justice- or the universal moral rights that belong equally to all people in their capacity as human beings regardless of sex, race, and tribe, and language, place of origin, age or political beliefs.

Why human rights are important.

Rights are necessary for human beings to achieve a dignified life, fulfill their potential and to satisfy both their physical and spiritual needs.
Rights are inherent to human beings. One has rights purely because they are human. They are not granted by the state.
Rights empower citizens and residents by giving them control in decision making organs of the state.
Rights justify special treatment of minorities and other special or disadvantaged groups or communities.
Rights provide guidance to organs of state regarding the exercise of state power.
Rights such as the right to vote, freedom of expression and of the press ensure the public access the necessary information necessary for the protection of democracy and ensure accountability of public authorities.
Respect for human rights limits internal and external conflicts and strengthens national unity.

Classification of Human rights.

Social economic and cultural rights. On the basis of these rights, the state is expected to pursue policies that enable individual, families or groups to earn a living and provide basic needs including education and medical care for themselves.
Solidarity rights. These are rights that focus on the whole community. They require that the state to pursue policies which do not destroy natural resource or waste financial resources but instead create conditions for peaceful co-existence. These rights include the right to clean, healthy and sustainable environment, peace, and development.
Civil and political rights. The rights include the right o vote, right to think and to have access to information. These rights ensure a secure space for the individual to pursue their values and interests.

Groups that monitor human rights in Kenya.

Lawyers and Judges and other professionals including teachers.
Religious groups
Journalists (The media-print and electronic).
The police force
Association and special commissions, e.g business associations, women groups, the Kenya National Human Rights and Equality Commission (KNHREC), among others.
pressure groups

Characteristics of human rights.

They are universal. Human rights apply equally to everyone by virtue of being a human being.
They are indivisible. One right cannot be applied if the other does not exist. They are inherent.
Incase circumstance demand they can be suspended. For example during war, or during disease outbreak like Ebola or other contagious diseases, one may be denied the right to freedom of movement.
Human rights have limitations. As people enjoy their rights, they should respect the rights of others.

United Nations Charter on human rights.

This is a document that contains the basic human rights to which every person by virtue of being a human being is entitled to. It also reaffirms the equality of the rights of all men and women.
The Universal Declaration if Human Rights was adopted by the United Nations General Assembly on 10th December 1948.. Member states that signed the document are supposed to publicize the declaration in their countries
The basic human rights contained in the Charter include;
All human beings are born free and equal.
Everyone is entitled to all rights and freedoms set forth in the declaration without discrimination on basis of sex, race, colour, sex, language, religion, political or other opinion, racial origin birth or any other status.
Everyone has a right to life, liberty and security.
No one should be held in servitude or slavery or perform forced labour.
Everyone has a right to recognition as a person before the law.
Every person is equal before the law and has the right to equal protection and equal benefit of the law.
Every person’s dignity should be respected and protected.
Everyone has a right to nationality. One is free to change nationality.
No person will be subjected to physical or psychological torture, corporal punishment or cruel and inhuman treatment.
Everyone has a right to free movement and residence within the borders of each state.
Everyone has a right to ownership of property alone as well as in association with others. State cannot take away ones property without proper compensation.
Every citizen has a right to peaceful assembly and association.
Every citizen is free to make political choices, which includes the right to form, or participate in forming, a political party and to participate in the governing process of the country.
Every person has the right to the highest attainable standard of health, which includes the right to health care services, including reproductive health care.
Every person has the right to accessible and adequate housing, and to reasonable standards of sanitation.
Every person has the right to be free from hunger, and to have adequate food of acceptable quality.
Every person has the right to clean and safe water in adequate quantities.
Every person has the right to social security
Every person has the right to education. Elementary education shall be compulsory while technical and professional education should be made generally available.
Every person has the right to a clean and healthy environment. It is our duty to ensure that the environment is protected for the benefit of present and future generations.
Every person, whether individually or as a group, has freedom to manifest any religion or belief through worship.
An adult has the right to marry a person of the opposite sex, based on the free consent of the parties. Parties to such a union enjoy equal rights.
Every person should be subjected to an efficient, lawful, reasonable and procedurally fair administrative action.
Everyone has freedom of opinion and expression.
Everyone has a right to seek and enjoy, in other countries, asylum from persecution. The right is however enjoyed only for political reasons.
Everyone has a right to a fair and public hearing by an independent and impartial tribunal in the determination of one’s rights and obligations.
Everyone has a right to protection of the law against interference or attacks against one’s property, home or correspondence.
Everyone has a right to work, to free choice of employment, to just and favourable conditions of work and protection against unemployment.
Everyone has a right to leisure, which includes reasonable working hours and periodic holidays with pay.ght to freely participate in the cultural life of the community, to enjoy the arts e.g drama, music, dance etc.
However every person has various duties to the community in which they live.
Freedom from torture and cruel, inhuman or degrading treatment or punishment.

Importance of the UN Charter on human rights.

Protection of human rights, which is the core thing in the UN Charter, is important for the Establishment and maintenance of peace and security. Where there is violation of human rights, it becomes difficult to prevent conflict and maintain peace.
Respect for human rights is an important requirement for efficiency and effectiveness in governance. The principle of non-discrimination, principle of international human rights law, enables one to strive for more equitable societies even within the level of resources available.
Respect for human rights promotes development. National development strategies can only lead to tangible improvement in the lives of people if they have as their key objectives realization of economic, social and political rights.
The UN Declaration provides a guideline for collective action towards eradication of poverty.
The UN human rights mechanisms have given utmost attention to countering of terrorism as a way of protecting human rights.
A SOCIETY that observes respect for human rights reduces the chance of conflict outbreak.
The UN Charter on human rights is the foundation on which peace-making (peace-building and peace-keeping) is built. Any strategy to achieve peace anywhere is accompanied by strategies to uphold human rights like was the case in Yugoslavia.
In recognition of human rights, the UN has played a key role in giving humanitarian assistance to the people of different countries suffering from effects of natural disasters and other emergencies.
The UN Charter on Human rights promotes the rights of women and their empowerment by affirming the equal rights for women and fighting discrimination based on gender
The UN Charter champions the rights of vulnerable groups like the minority migrant workers, abused children, indigenous people and persons with disabilities.

The Kenyan Bill of Rights

This is a statement of human or civil rights in the constitution of Kenya. The Bill of Rights is covered in chapter four of the constitution of Kenya (2010).
Importance of the Kenyan Bill Of Rights.

a) States that every individual has the right to life
b) It guarantees liberty to all citizens by forbidding enslavement, detention without trial etc.
c) It protects the individual from all forms of torture and inhuman treatment
d) It guarantees the protection of private property and allows Kenyans to own property anywhere in the country.
e) It protects individuals’ freedom of conscience and religion.
f) It guarantees the protection of the freedom of speech and expression
g) It gives Kenyans the right to move freely throughout the country and to reside in any part of the country.
h) It guarantees individuals against any form of discrimination on the basis of colour, creed, and gender.
i) It protects individual against arbitrary search, arrest and entry into one’s property without his/her consent

Rights and fundamental freedoms contained in the Kenyan Bill of Rights. 1. Right to life.
Life begins at conception and no child should be deprived of life deliberately. Abortion is not therefore permitted unless occasioned by the need for emergency treatment or life of the mother is in danger.
People who attempt to commit suicide are also punishable on the strength of their right 2. Equality and freedom from discrimination
Every person is equal before the law and has the right to equal protection and equal benefit of the law. This means that both men and women are equal before the law. Any form of discrimination is illegal and is prohibited in the constitution.

3. Human dignity

Every person’s dignity should be respected and protected. One must not ridicule or embarrass other members of society.

4. Freedom and security of a person.

This right protects a person from being detained without a good reason and without trial. No person will be subjected to physical or psychological torture, corporal punishment or cruel and inhuman treatment.

5. Freedom from slavery, servitude and forced labour.

No one should be held in servitude or slavery or perform forced labour. Every employer should treat his or her employees with dignity and not to force them to work.

6. Right to privacy.

Every person has a right NOT to have him or herself, his or her property searched, or his or her possessions seized. Not revealing a person’s family or private affairs unnecessarily or private communications interfered with.

7. Right to assembly, demonstration, picketing and petition.

Every citizen has a right to assemble and participate in peaceful demonstrations and even present petitions to public authorities.

8. Political rights

Every citizen is free to make political choices, which includes the right to form, or participate in forming, a political party and to participate in the activities of, a political party.
Every citizen has the right to free, fair and regular elections based on universal suffrage and the free` expression of the will of the electors for any elective public body or office
Every adult citizen has the right, without unreasonable restrictions, to be registered as a voter; to vote by secret ballot in any election or referendum and to be a candidate for public office, or office within a political party and, if elected, to hold office.

9. Freedom of movement and residence

Citizens have a right to free movement and ownership of property in any part of the country. Anyone is also free to leave the country or enter and remain in the country

10. Economic and social rights

Every person has the right to the highest attainable standard of health, which includes the right to health care services, including reproductive health care.
Every person has the right to accessible and adequate housing, and to reasonable standards of sanitation.
Every person has the right to be free from hunger, and to have adequate food of acceptable quality.
Every person has the right to clean and safe water in adequate quantities. Every person has the right to social security
Every person has the right to education.
A person shall not be denied emergency medical treatment.
The State must provide appropriate social security to persons who are unable to support themselves and their dependants.

11. Consumer rights

Consumers have the right to goods and services of reasonable quality.
Consumers have the right to the information necessary for them to gain full benefit from goods and services.
Consumers have the right to the protection of their health, safety, and economic interests. Consumers have the right to compensation for loss or injury arising from defects in goods or services.

12. Right to fair labour practices.

Every worker has a right to fair labour practices like fair remuneration, reasonable working conditions, the right to join or practice in trade union activities and the right to go on strike.
Every employer has a right to join an employers’ association and participate in its programmes and activities

Responsibility.

One must respect the right to fair labour practices of one’s employees
Employees on the other hand must conduct themselves responsibly, even during strikes, to avoid causing physical injury to innocent people, or destroying property.

13. Right to clean and healthy environment.

Every person has the right to a clean and healthy environment. It is our duty to ensure that the environment is protected for the benefit of present and future generations.

14. Freedom of conscience, religion, belief and opinion.

Every person, whether individually or as a group, has freedom to manifest any religion or belief through worship, practice, teaching or observance, including observance of day of worship. One cannot be denied employment or educational opportunity because of belonging to a particular religion or because of one’s belief or religion.
A person cannot be forced to engage in any act that goes against his or her belief or religion. 15. Freedom of expression.
This guarantees all Kenyans the freedom to seek, receive or impart ideas or information. It also guarantees freedom of artistic creativity, academic freedom, and freedom to conduct scientific research.

16. Freedom of media.

The freedom and independence of the media is guaranteed. The state should not interfere with the media.

17. Access to information.

Every person has a right to access information held by the state, or by others, which may be required for the protection of any right or fundamental freedom. The state is expected to make public any important information affecting the nation.
Every person has a right to the correction or deletion of untrue or misleading information that affects the person.

18. Freedom of association.

Every person has the right to form, join and participate in the activities of an association of any kind, provided that the association is not engaged in illegal activities, such as stealing or killing. 19. Protection of the right to property.
Every person is entitled to own property either individually or as a group, in any part of the country. However the property has to be legally acquired.
This right provides all Kenyans a fair opportunity to invest in property and thus, prosper. 20. Right to language and culture.
Every person has the right to use a language, and embrace the culture of the person’s choice.
Every person has the right to form or join cultural groups.
Every person is also protected from being forced to join any such group.
Each linguistic group is free to use their language, practice their culture, and form associations and other organs of the civil society.
It is unacceptable to force another person to perform, observe or undergo any cultural practice or rite.

21. Right to family.

An adult has the right to marry a person of the opposite sex, based on the free consent of the parties. Parties to such a union enjoy equal rights. Both parties have a responsibility to respect the rights of their spouses during marriage and even in the event of its dissolution.
It is wrong to deny one’s spouse access to marital property after separation or divorce.
The constitution also recognizes marriages conducted under traditional, religious, personal or family law. Marrying of underage persons and forced marriages are outlawed in the constitution.

22. Fair administrative action.

Every person should be subjected to an efficient, lawful, reasonable and procedurally fair administrative action. This promotes efficient administration in public offices.

23. Access to justice.

Everybody should access justice and a reasonable fee will be charged to enhance this, if required. If this is not free, many people will not access justice which will continue to be a preserve of the rich people.

24. Right of arrested persons.
An arrested person has;

a) The right to be informed promptly in a language that the person understands of the reason for arrest, the right to remain silent and he consequences of not remaining silent.
b) The right to remain silent. – The right of a person to choose to talk or to remain silent.
c) The right to communicate with an advocate and other persons whose assistance is necessary (freedom of speech with all those who will assist him or her in the case.)
d) The right of not being compelled to make any confession or admission that could be used in evidence against the person.
e) The right t be held separately from persons serving a sentence ( should not be held in prisons alongside those already convicted)
f) To be brought to court as soon as reasonably possible, as but not later than twenty four hours after being arrested.
g) To be charged or be informed of the reason for the extension of detention or release, at the first court appearance.
h) To be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons as to why one cannot be released. 25. Fair hearing.
Every person has the right to have any dispute that can be resolved through a court hearing be resolved in such a manner that will accord him or her fair and public hearing. An accused person has the following rights;
a) To be presumed innocent until proven otherwise.
b) To be informed of the charges.
c) To have adequate time and facilities to prepare a defence.
d) To a public trial before a court.
e) To have the trial begin and be concluded with few delays.
f) To be present when being tried.
g) To be represented by an advocate and be informed of this right immediately. Depending on the circumstances, the accused may be assigned an advocate by the state and at the state’s expense.
h) To remain silent and not testify during the proceedings.
i) To be informed in advance, of the evidence the prosecution intends to present, and to have reasonable access to that evidence.
j) To challenge the evidence.
k) To refuse to give self-incriminating evidence.
l) To have the assistance of an interpreter if the accused person cannot understand the language used in the trial.
m) If convicted, to appeal, or apply for review by a higher court.

26. Rights of persons detained, held in custody or imprisoned.

A person, who is detained, held in custody or imprisoned under the law, retains all rights and fundamental freedoms in the bill of rights. Except those that are impractical and inapplicable under the circumstances.
A person who is detained or held in custody is entitled for an order Habeas Corpus- This is a law that states that a person who has been arrested should not be kept in prison longer than a particular period of time unless a judge in a court has decided that it is right. It is the right of the person who is detained, held in custody or imprisoned to be treated in a humane manner.

Application of the Kenyan bill of rights to specific groups of people in Kenya.

Rights enjoyed by Children in Kenya.

A child refers to a young person from birth to full physical development. The term also refers to a person who has not attained the age of eighteen. The rights of children are contained in the United Nations Convention on the Rights of the Child, and International Agreement on the Rights of the Child put in place in 1990.

The rights include;
a) Survival rights

Every child has the right to a name and nationality from birth.
Every child has the right to basic nutrition, shelter and health care.

b) Development rights

Every child has the right to free and compulsory basic education.
Every child has the right to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not.

c) Right of protection

Every child has the right to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour.
Every child has the right not to be detained, except as a measure of last resort, and when detained, to be held for the shortest appropriate period of time.
Every child has the right to separate from adults and in conditions that take account of the child’s sex and age.
Every child has the right to a child’s best interests are of paramount importance in every matter concerning the child.
Children should be protected from exploitation such as child labour.

Rights enjoyed by Persons with disabilities in Kenya.

(a) A person with any disability is entitled to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning. A person with any disability is entitled
(b) A person with any disability is entitled to access educational institutions and facilities for persons with disabilities that are integrated into society to the extent compatible with the interests of the person.
(c) A person with any disability is entitled to reasonable access to all places, public transport and information.
(d) A person with any disability is entitled to use Sign language, Braille or other appropriate means of communication.
(e) A person with any disability is entitled to access materials and devices to overcome constraints arising from the person’s disability.

Rights of the Youth in Kenya.

(a) Right to access relevant education and training.
(b) Right to have opportunities to associate, be represented and participate in political, social, economic and other spheres of life.
(c) Right to access employment.
(d) Youths are protected from harmful cultural practices and exploitation.

Rights of Minorities and marginalized groups in Kenya.

The constitution specifies a marginalized community as;
A community that because of its relatively small population has been unable to fully participate in the integrated social and economic life of Kenya as a whole.
A traditional community that, out of need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya.
An indigenous community that has retained maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy.
Pastoral persons and communities, whether nomadic or settled and because of their relative geographical location, have experienced only marginal participation in the integrated social and economic life of kenya as a whole.

Rights of Minorities and marginalized groups

a) Minorities and marginalized groups have the right to participate and are represented in governance and other spheres of life.
b) Minorities and marginalized groups have the right to be provided special opportunities in educational and economic fields.
c) Minorities and marginalized groups have the right to be provided special opportunities for access to employment.
d) Minorities and marginalized groups have the right to develop their cultural values, languages and practices.
e) Minorities and marginalized groups have the right to reasonable access to water, health services and infrastructure.

Rights of older members of society in Kenya.

a) Right to fully participate in the affairs of society.
b) Right to pursue their personal development.
c) Right to live in dignity and respect and be free from abuse.
d) Right to receive reasonable care and assistance from their family and the State.

The Kenya National Human Rights and Equality Commission.

This commission was entrenched in the Constitution of Kenya (2010) to replace the KNHRC. The commission constitutes atleast three but not more than nine members appointed by the president with the approval of the national assembly.

Objectives;

a) To protect the sovereignty of the people.
b) To ensure secure observance by all state organs of democratic values and principles
c) To promote constitutionalism

Functions of the Kenya National Human Rights and Equality Commission.

a) It has a duty to promote respect for human rights and develop a culture of human rights in the republic.
b) A duty to promote protection and observance of human rights in public and private institutions.
c) It monitors, investigates and reports on the observance of human rights in all spheres of life in the republic, including observance by the national security organs.
d) It receives and investigates complaints about alleged abuses of human rights and takes steps to secure appropriate redress where human rights have been violated.
e) It acts as the principal organ of the state in ensuring compliance with obligations under treaties and conventions relating o human rights.
f) It investigates any conduct in state affairs, or any act or omission in public administration in any sphere of government, which is alleged or suspected to be prejudicial or improper, or to result in any impropriety, or prejudice.
g) It investigates complaints about abuse of power, unfair treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official conduct.

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Chapter 14: Constitutions and Constitution Making

8/1/2017

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The term ‘constitution’ refers to a set of agreed principles and rules which state the structure and powers of a government
The constitution of Kenya is a supreme law that binds all people and all state organs at national and county level. It outlines the structure of government, defines the powers and prerogatives of the head of state, states the compositions, functions and powers of parliament, states the compositions of the executives and outlines the duties and rights of the citizens.
Constitutions vary in various countries depending on different experiences and their form is determined by the following.

a) The historical background of a country
b) Geographical factors. For example the numerous islands of Japan must be catered for in their constitution
c) Religious beliefs of the people. Some countries have the Islamic Sharia law in their constitution e.g Libya and Somali
d) Race composition of a country. For example, in South Africa the apartheid racial policy had been included in their constitution.

Functions of a constitution

a) The constitution provides the legal ground from which the laws of the country are made.
b) It spells out the powers of government and its relationship to the governed.
c) It spells out the rights and duties of all citizens. It also provides the options a citizen has, legally, if those rights and freedoms are violated.

Constitutions and Constitution Making

Types of constitutions.
1. Written constitution

This is a constitution in which the basic principles concerning the organization of government, powers of its various agencies and rights of the subjects are consciously written down in one document.
The first country to adopt a written constitution was USA after she attained political independence from Britain on 4th July 1776. France adopted it in 1791following the French revolution of 1789. The primary objective of these adoptions was to include the rights of the citizens to avoid abuse by those in power.
Other countries with written constitutions include many European, African, Latin American and Asian countries. Kenya also has a written constitution.

Characteristics of a written constitution.

a) It acts as a standard of reference to which the acts of the government of the day may always be compared.
b) It is a rigid document that cannot be altered easily.
c) It is only amended through a clearly spelt out procedure which is followed to the letter.
d) There must be a special body entrusted by the legislature with the work of drafting the constitution.
e) Once drafted the constitution must get the approval of the legislature.

Advantages of a written constitution.

a) Since the procedures of amending a constitution are clearly spelled out, it is not easy for politicians or other interest groups in the society to alter it.
b) In case of a crisis, the constitution provides very clear guidelines on the procedures to be followed, thus restoring stability in the country.
c) Since a written constitution is rigid, it therefore recognizes that there are fundamentals in a state, e.g rights of citizens, powers and duties of the president, which should never be easily changed. Change can only be done after adequate consideration.
d) It is fundamental to a newly formed nation so as to take off in an orderly and organized manner.
e) A written constitution is important to ensure that the identity of the various groups are preserved and maintained in a country with diverse racial groupings, religion and ethnic composition.
f) Since it is arrived at after thorough and careful consideration by all, it therefore unites the people in the nation as it would have acquired recognition and acceptance from the majority of the citizens

Disadvantages of a written constitution.

a) Due to its rigidity, it can fail to respond to changing circumstances and can therefore easily become obsolete.
b) A written constitution tends to make the judiciary too powerful as it I the only body that interprets the document. Where the executive and the legislature control the judiciary, the constitution can easily be manipulated.
c) Some written constitutions are too detailed and rarely understood by the ordinary citizens.
d) The procedure for amending the constitution is slow and costly. This causes delays which could lead to civil disorder in a society

2. Unwritten constitution

This is a constitution where the fundamental principles of the organization and powers of the government are not contained in one document but rather in several scattered documents to add to the customs of a country. For example, the British constitution.

Sources of British constitution.

a) Statutes. This refers to an Act of Parliament. Examples of statutes that comprise the British constitution are;
Act of Union with Scotland of 1707 that determined the territorial boundaries within which the United Kingdom’s constitution operates.
Parliament Act of 1911 that governs the relationship between the House of Commons and the House of Representatives
a) The Reform Acts of 1832 and 1834 which determine succession to the throne.
b) Customs. This refers to ancient or traditional practices or the common law. For example, the first born inheriting the throne.
c) Laws of precedents. Past accepted principles may be applied to a new set of facts in a judgment and this may eventually become part of the law of the land.
d) Customs of parliament. House procedures including standing orders and other regulations are part of the British constitution.
e) Historical documents. The following two Important documents form part of the British constitution;
- The Magna Carta (1215AD) that contained the promises by the England King that he would not levy taxes outside the three legal feudal taxes without the consent of the legal counsel.
- The Petition of Right (1628) in which King Charles I agreed not to levy taxes unless through the Act of Parliament.
f) The Conventions and Practices that have become respected over the years are also part of the British constitution.

Advantages of unwritten constitution

a) It is flexible and adaptable to changing circumstances in the society. This is especially valuable during periods of rapid socio-economic and political changes.
b) It is indigenous and therefore suited for a state.
c) It can be changed by ordinary legislative process.
d) It provides continuity with the nation’s traditions and is therefore accepted and respected by the people.

Disadvantages of an unwritten constitution.

a) It gives the courts too much work in handling matters as they search for constitutional principles not only in judicial decisions but in different statutes and customs.
b) Because of the nature of the unwritten constitution, it is not easy to protect the rights of people effectively as the fundamentals of the state are not recorded in a few or a single document.
c) An unwritten constitution tends to be vague and indefinite as compared to the written constitution.
d) An unwritten constitution presupposes that the people are politically conscious and alert and will ensure that their rights and liberties are respected.

Features/qualities of a good constitution.

a) Definiteness; it must depict clear intelligence and one which facilitates thinking. It must define its content clearly.
b) It should be comprehensive/ it must be short but inclusive of all the issues involved in government operation.
c) Should be durable and elastic/ it should neither be too rigid to amend or change nor so flexible as to encourage interference of its basic principle.
d) Should be able to protect fundamental rights and freedom of citizen/a bill of rights must be provided for in the constitution, showing the extent to which the government can interfere with individual rights.
e) Amendment procedure must be stated clearly.
f) The constitution must be representative of the diverse social and political spectrum of the people.
g) It must exhibit supremacy of the people/ it must make the will of the people as the basis of government.
h) It must stipulate the choice of government through free and fair elections
i) Statement of national wealth. /It must have a clear statement on how resources are to be managed and how wealth created is to be distributed.

Constitution making process in Kenya in pre-colonial, colonial and post colonial eras.

Pre- colonial era.

The rules and regulation that formed the constitutional basis of pre-colonial communities in Kenya were mainly formulated by the councils of elders and then handed down from generation to generation.
The constitution was unwritten constitution guiding only the political, economic and socio-cultural activities

Colonial Era (1885- 1960)

Kenya was under the British colonial rule after the Berlin Conference upto 1963. The constitutional developments in the country were greatly influenced by the settlement of immigrant communities like the white settlers, the Asians and Christian missionaries. These communities competed with the Africans for control of economic resources and political power.
The turning point in Kenya’s pre-colonial constitutional developments was the outbreak of Mau Mau war and subsequent declaration of a State Of Emergency on 20th October 1952 by Sir Evelyn Barring.
When the colonial secretary Oliver Lyttelton visited Kenya in 1954, he proposed the following constitutional reforms.
Establishment of a multi-racial council of ministers representing the three races setting ground for two Indian and one African minister (B. A Ohanga became the first African Minister)
It Proposed direct representation of Africans in the LEGCO
Lifting the ban on African political parties/district associations.
In 1958, a new constitution was proposed by Lennox Boyd. The constitution led to increased number of elected Africans in the legislative council (from 8 to 14). It led to introduction of multi-racial representation in the legislative council. It led to the increase of the number of African ministers to two.
The African elected members demanded for a constitutional conference culminating into the independence constitution.

The independence constitution (1960-1962)
The first Lancaster House Conference (1960)

Attended by all members of Legco and two nominated members, the conference received the following demands;
- a) Africans demanded for true democracy, where one man would have one vote.
  - b) The Arabs wanted to retain the ten-mile coastal strip, while Somalis wanted reunification with Somalia.
    - c) Michael Blundell, representing a section of Europeans demanded for a multi-racial government while Captain Briggs representing the white extremists demanded for creation of provinces along racial lines.
All these proposal were moderated by the British government
The period after the first Lancaster House conference witnessed a lot of differences among Africans and among other races. Among the Africans, the differences culminated into the formation of KANU in March 1960 at Kiambu with James Gichuru as president and KADU in Ngong Town with Ronald Ngala as the president.
The main difference between KADU and KANU was that while KANU was advocating gor a unitary government, KADU wanted a federal system

The second Lancaster House conference (1962).

When KANU refused to form government despite winning the elections, demanding for the release of Jomo Kenyatta, KADU formed a rather minority government that was heavily dominated by the colonial officials. Such a government was rejected by most people thus creating instability that led to the British Authorities calling for the second Lancaster House Conference.
The following important issues were discussed;
- a) The future of the coastal strip that belonged to the sultan prior to colonialism.
  - b) The future of North Eastern Province(North Frontier District)
    - c) Security of the minority.
The participants in the formulation of the independence constitution were representatives of various political parties: - Paul Ngei (APP), KADU and KANU. Others were representatives of the Asian and European communities.
The 1962 conference settled for a federal structure with a strong central government.
A coalition government was formed briefly but when the 1962 constitution was promulgated, it was followed by a general election in May 1963.
The third and final conference in 1963 resulted in the drafting and adoption of Kenya's first independent Constitution by the British Parliament
The 1963 constitution established a parliamentary system with executive powers vested in a cabinet headed by a Prime Minister,
The Queen of England remained Head of State.

Independence (1963)

Kanu won the May elections and Kenya Attained internal self-government with Jomo Kenyatta as the first Prime Minister on 1st June 1963. Kenya attained full independence on 12th December 1963 when the Queen ceased to be the head of state.
Kenya has been using the Independence Constitution upto August 2010 though with so many amendments.

Main provisions of the independence constitution of Kenya.

a) The independence constitution provided for a regional/majimbo government with each of the seven regions having a regional assembly and president. The boundaries of the regions were given protection in the constitution.
b) It also provided for a bicameral parliament consisting of the senate and the house of representatives/upper house and lower house. The lower house comprised 117 elected members and 12 special members. The senate comprised 41 members representing the 41 administrative districts and one representing Nairobi city though the senate was subordinate to the House of Representatives, it had powers to authorize declaration of a state of emergence, 65% of the senators were required to approve the amendment of constitution. Also all Bills required approval of both houses.
c) The constitution stipulated that the Prime Minister (appointed by the governor) was to be head of Government and Queen the Head of State, represented by the Governor General. The powers of the governor were defence of the country, foreign affairs, internal security and approval of legislation.
d) The constitution recommended a multiparty system of government and the party with the majority of seats forming the government.
e) It contained the Bill of Rights, which protected the individual’s rights. The Bill of rights was modeled on the European convention on Human Rights and Fundamental freedoms.
f) The constitution provided for an elaborate scheme to protect the minority rights. The minorities in this case were the Europeans, Asians and some indigenous communities.
g) Independent Electoral commission was set up consisting of the speakers of the two houses and a nominee of the Prime Minister. Also it comprised nominees representing the regions. This was to ensure impartiality and honesty in elections.
h) The constitution provided for an independent and impartial judiciary to ensure justice and prevent corruption. Judges were accorded security of tenure which was extended to the Attorney General, the government’s principal legal advisor.
i) It provided for public service commission. The aim was insulate the civil service recruitment and promotions from abuse and corruption.
j) An independent land board.

Post –colonial Era (1963-2010).

From independence to Mult-party democracy period (1963-1991)

Like many former British colonies, Kenya started off with a west Minister system of government.
The first Constitutional amendment in independent Kenya was in 1964. Kenya became a republic and the executive became presidential. The senate and regions were also abolished. A Constitutional review in June 1982 officially transformed Kenya into a one-party state.
A parliamentary act in December 1991 repealed the one-party system provisions of the constitution and effectively established a multiparty system.
The period after 1992 was influenced by Global issues like the decline of the cold war, collapse of the Soviet Union in 1989 and the intensified struggle for democracy all over the world.
In 1997, the Inter Party Parliamentary Group (IPPG) was formed with membership from the Opposition and KANU mps. The aim was to come up with minimal constitutional reforms to level the ground before the 1997 general elections

The following reforms were approved;

a) The KBC shall observe fairness in providing balanced all-inclusive political views in the news coverage.
b) Membership of the Electoral Commission to be reviewed to accommodate the interest of the opposition.
c) Registration of Parties would be done without unnecessary delay.
d) The powers of the chiefs that would likely interfere with political activity at local level be contained.
e) The police Act be amended to provide for politically impartial police force
f) To repeal a number of laws restricting civil and political rights, ad abolition of the offence of sedition

In 1997, a constitutional review commission, called the Constitution of Kenya Review Commission (CKRC), was established to provide civic education, seek public input and prepare a draft constitution. In October 2000, parliament passed a Bill entrenching the CKRC into the independence constitution. It was now headed by Professor Yash Pal Ghai and comprised 15 commissioners. In June 2001, the CKRC was expanded to include other groups like the People’s commission following the amendment of the 1997 Constitution of Kenya Review A ct. The CKRC act specified a 2 year time frame for completion of the review process. However, its activities were marred by controversy in 2002 and the ultimate dissolving of parliament in October 2002 by president Moi. He even attempted to dissolve the commission, thanks to its being entrenched in the independence constitution. When the NARC government took over power in 2003, the review exercise was reviewed. The National Constitutional Conference was convened at Bomas of Kenya and came up with what came to known as the Bomas Draft constitution. However the political elite did not support the Bomas Draft. In 2005, Parliament amended the constitution of Kenya Review Act to allow the Attorney General to come up with the Proposed New Constitution, popularly known as the Wako Draft The draft constitution was ultimately rejected by Kenyans at the constitutional referendum in 2005 because of disagreements amongst various stakeholders. In December 2007, kenyans participated in the general elections that were followed by Post Election Violence caused by the controversy that surrounded the results of the elections.

Steps towards realization of a new constitution in Kenya from 2008.

a) On 28 February 2008 The National Accord and Reconciliation Act (NARA) was signed by President Kibaki and Prime Minister Raila Odinga .Agenda No 4 of this arrangement was a new process to finalize the long awaited constitution of Kenya The main provisions of the National Accord were:
- Establishment of a grand coalition government with two parties; PNU and ODM sharing power.
  - Raila Odinga was to become Kenya’s second Prime minister after the position was created in the accord arrangement
    - Two deputy Prime Minister Positions would be filled by the PNU and ODM parties respectively.
      - Provision for An expanded cabinet with the two parties being accorded slots as per their proportion in the house.
b) In 2008 the Constitution of Kenya Review Act 2008 was passed and a Committee of Experts (CoE) was established as the main technical constitutional review organ to drive the process.
c) The CoE was chaired by Nzamba Kitonga, the deputy chair was Ms Atsango Chesoni, other members were Ms Njoki Ndung'u, Mr Otiende Amolo,Mr Abdirashid Hussein, Mr Bobby Mkangi, Professor Christina Murray (South Africa), Dr Chaloka Beyani (Zambia) and Dr Frederick Ssempebwav (Uganda).
d) 23 February 2009 Members of the CoE were appointed by the President were later on sworn in,
e) On 17 November 2009 CoE released the draft to the public and invited views and comments on the draft constitution,
f) By 23rd February 2010. CoE had submitted the final draft of constitution to the Parliamentary Select Committee.
g) On 4th august 2010 Kenya held a Constitutional Referendum where the new constitution was overwhelmingly endorsed.
h) On 28th august 2010, the new constitution was promulgated and became operational making Kenya the first independent African state to depart from the independence constitutions.

Stages in the constitution making process in Kenya since independence.

1) Debate over contentious issues. Issues like the entrenchment of section 2A in the independence constitution in 1981 raised concerns among various stake holders and groups. The issue of whether to include the position of Prime Minister or not has also been debated for many years.
2) Collection of public views. The Saitoti commission (the Constitution review commission established by Moi in 1990) had the objective of collecting views of Kenyans concerning how KANU was to operate in the best way possible. In June 2001, the CKRC, chaired by Yash Pal Ghai was mandated to collect views as part of the constitution review process.
3) Civic education. in 2001, the Ghai Commission was mandated and funded to provide civic education .
4) Convening of constitutional conferences. For example, The 2002 National Constitution Conference at Bomas of Kenya and other similar conferences.
5) Drafting of the constitution. This involved both local and international experts who drafted the constitution between 2000 and 2010. This was mainly the work of the Ghai led CKRC and the Committee of experts led by Nzamba Gitonga.
6) The referendum. During the 2005 referendum, the Wako Draft constitution was rejected. In August 2010, another referendum was held and the 2010 proposed New Constitution was approved.
7) Promulgation of the constitution. On 27th of August 2010, President Mwai Kibaki presided over the promulgation of the new constitution of Kenya.

Constitutional Changes in Kenya since independence upto 2010.

The 1963 independence constitution marked the end of colonial rule and transformed the colony into a dominion. It established a parliamentary system with executive powers vested in a cabinet headed by a Prime Minister, who is appointed by the Queen of England from the majority party in Parliament. The Queen of England remained Head of State as represented by the Governor General who was also the Commander-in-Chief
By the 1st amendment Act 28 of 1964, published in November 1964, Kenya became a republic and the executive became presidential. The amendment outlined the criteria to be met by a presidential candidate. It made provision of a Vice President who would be appointed by the president from among the members of parliament. Jaramogi Oginga Odinga became the first occupant of that office.
By The 2nd amendment Act 38 of 1964 published on 17th December 1964, the senate and regions were also abolished.
3rd amendment Act 14 of 1965, published on 8th June 1965, altered parliamentary Majority required for approval of a state of emergency to only a simple majority from the previous 65%. The term ‘region’ was replaced with ‘province.’ The amendment altered the title of Supreme Court.
By the 4th amendment Act 16 of 1966, published on 12th April 1966, commonwealth citizens became eligible for Kenyan citizenship. Also any legislator jailed for six months or more or missed to attend eight consecutive parliamentary seatings without the speaker’s permission had to forfeit his/her parliamentary seat.
On 28th April 1966, an amendment was passed, published on 30th April, to compel MPs who defected from sponsoring party, to resign from parliament and seek re-election. This amendment targeted Kenya People’s Union (KPU) of Jaramogi Odinga that had been formed that year. The amendment was published, tabled, debated, passed and received presidential assent within 48 hours. (it was nicknamed ‘the KPU amendment’).
In May 1966, the Public Security Act was passed, published on 7th June 1966, empowering the president to detain a citizen without trial on grounds of being a threat to state security. The president also acquired power to control freedom of the press.
In 1966, a constitutional amendment abolished the Bicameral Legislature and replaced it with a Unicameral Legislature, chosen directly by the electorate. The Act was published on 4th January 1967. The voting majority to change the Constitution was lowered to two-thirds of the MPs.
In 1968, by the 9th amendment, published on 12th April 1968, the president was empowered to alter provincial and district boundaries. The act abolished the provincial councils and all representatives to the provincial and district boundaries. This marked the end of regionalism.
In 1968, by the 10th amendment, Act 45 published on 12th July 1968, the procedure for presidential elections and succession in the event of his death was laid down. Also, that all candidates for a general election should be nominated by a political party. The act also gave the president power to nominate 13 MPs to replace the 12 specially elected members of the House of Representatives.
In 1974, the age qualification for presidential candidates was also lowered to 35 from 40 years. The minimum voting age was altered from 21 to 18 years.
In 1975, an amendment of the constitution empowered the president to pardon any election offender at his own discretion. This was done to favour Paul Ngei who been found guilty of an election offence. It was named ‘the Ngei Amendment’. The bill went through all the stages in one afternoon and received presidential assent the following day.
In 1975, Kiswahili was declared the national language of the national assembly.
In 1977, the Kenya court of appeal was established after the breakup of the East African Community.
The 18th amendment Act passed in 1979 was the first one under president Moi. It provided that public officers had to resign six months in advance in order to qualify as candidates for parliamentary elections.
In 1979, both Kiswahili and English were declared languages of the national assembly.
By The 19th amendment Act of 1981 published in 1982, Kenya became a de jure one party state. KANU became the only lawful party in Kenya. The infamous section 2A was introduced in the constitution. (Kenya had been a de facto one party state between 1969 and 1982). The post of Chief Secretary was created to head the public service. The first occupant being Jeremiah Kiereini.
By the 1985 20th amendment Act, the High Court began acting as a Court of Appeal.
The 21st amendment Act passed in 1985 repealed Section 89 of the constitution which provided for the acquisition of Citizenship for anyone born in Kenya after December 11th 1963.
In 1987, the security of tenure of the Attorney General, Chief Secretary, The Comptroller and Auditor–General was removed. The president could now dismiss them at will. Office of chief secretary was abolished.
In 1988, the security of tenure of Puisine Judges and Chairman of Public Service Commission was removed. The removal of security of tenure of the above officers sparked a lot of condemnation from LSK and main stream churches.
In 1988, an amendment was passé that provided the police with powers to hold a suspect in custody for upto fourteen days before taking him/ her to court if the crime constituted a capital offence. This is what led to detaining of persons suspected of opposing the government in the dingy basement of Nyayo House where some were tortured to death.
1990- Security of tenure of the offices of AG and Controller and Auditor –General was reinstated.
A parliamentary act in December 1991 repealed the one-party system provisions (section 2A) of the constitution and effectively established a multiparty system. Multiparty elections were held the following year in December.
In 1991, an amendment that was passed limited the tenure of the president to a maximum of two-five year terms.
After 1997 elections, Parliament, on the initiative of the government, passed the Constitution of Kenya Review Act that set the pace for comprehensive constitutional reforms.
A constitutional review commission, called the Constitution of Kenya Review Commission (CKRC), was established to provide civic education, seek public input and prepare a draft constitution.
In October 2000, parliament passed a Bill entrenching the Constitution of Kenya Review Commission (CKRC) headed by Professor Yash Pal Ghai into the independence constitution.
In 2005, Parliament amended the constitution of Kenya Review Act to allow the Attorney General to come up with the Proposed New Constitution, popularly known as the Wako Draft
The draft constitution was ultimately rejected by Kenyans at the constitutional referendum in 2005 because of disagreements amongst various stakeholders.
The rejection of the draft constitution by Kenyans in the referendum of 2005 meant that the 1963 constitution (as amended) remained the basic law of Kenya. .
28 February 2008The National Accord and Reconciliation Act (NARA) was signed by President Kibaki and Prime Minister Raila Odinga to end violence that erupted after the December 2007 presidential elections. Agenda No 4 of this arrangement calls for a new process to finalize the long awaited constitution of Kenya
In 2008 the Constitution of Kenya Review Act 2008 was passed and a Committee of Experts (CoE) was established as the main technical constitutional review organ to drive the process. The CoE was chaired by Nzamba Kitonga, the deputy chair was Ms Atsango Chesoni, other members were Ms Njoki Ndung'u, Mr Otiende Amolo,Mr Abdirashid Hussein Mr Bobby Mkangi Professor Christina Murray (South Africa) Dr Chaloka Beyani (Zambia) and Dr Frederick Ssempebwav (Uganda.
On 28th august 2010, the new constitution was promulgated and became operational making Kenya the first independent African state to depart from the independence constitution.

Key changes in the New Constitution.

a) Reduction of president’s executive powers.
b) Devolution of power to regions (creation of county and national governments.)
c) Creation of the senate and national assembly to constitute parliament.
d) On Citizenship, Birth and registration are the only recognize ways of attaining Kenyan citizenship. Dual citizenship is now recognized by the constitution.
e) Recognition of the Kadhi’s courts as subordinate courts in the judicial court system.
f) Expansion of the citizens’ Bill of Rights to guarantee equal representation for either gender in all governance structures.

FEATURES OF THE NEW CONSTITUTION.

Why there was need to have a new constitution in Kenya.
The need to meet the changing needs of the Kenyan society, e.g. due to population growth.
The rise of gender sensitivity in Kenya/The need to address the rights of women which had not been adequately addressed in the outgoing constitution.
The constant misuse of executive authority by the Moi and Kenyatta regime/ the need to give less or more power to the executive.
The need to depart from the colonial policies that found their way into the outgoing constitution.
The need to safeguard against social vices like corruption and land grabbing.
The need to enhance unity and realize a liberal society due to political maturity.

Problems that Kenya faced in realization of a new constitutional dispensation.

Party differences have been transferred to the constitution making process e.g. the NARC fallout, the ODM wrangles between Raila and Ruto. Etc.
Sectarian interests based on tribe, religion, age, sex which is hard to satisfy. E.g in relation to creation of counties, Kadhis court and land laws.
Attempts to project personality, individual or group interests rather than national interest into the process.
Direct misinformation of the public and propaganda by politicians and other groups with selfish interests.
Illiteracy and ignorance of the electorate and therefore easily misled.
Tension and sometimes violence marred the whole review process.
Limited financial resources and personnel
Lack of unity of purpose and co-operation among existing political parties hence difficulty in hammering out compromise..
Inadequate civic education/wrong civic education.
Lack of consultation with all the interested stake holders.
An attempt to tie the constitutional review process with election time-table, political programmes and interests.

Why Kenya’s new constitution is regarded as supreme.

The Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government.
No person may claim or exercise State authority except as authorized under the Constitution.
The validity or legality of the Constitution is not subject to challenge by or before any court or other State organ.
Any law, including customary law that is inconsistent with the Constitution is void to the extent of the inconsistency, and any act or omission in contravention of the Constitution is invalid.
The general rules of international law shall form part of the law of Kenya.
Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.

Functions of the Kenyan constitution.

It is the fundamental law of Kenya.
It has helped in establishing the philosophy, character and structure of the Kenyan government.
It has laid down principles which determine government power and duties.
It r regulates, distributes and limits the functions of different institutions of the state.
It spells out the basis of relationship between the Kenyans and the government and what rights should be in that relationship.

Role played by the Kenyan constitution in governing the country.

It protects the interests of the weak in the society from those who would want to dominate them.
It checks the powers of the dictatorial rulers.
It defines how to rise to power hence preventing unnecessary power struggles.
It provides for the separation of powers between the three arms of government.
It defines the powers of those in authority hence preventing misuse of power.
It defines relations with other countries
It specifies on how a government is to be formed.

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Chapter 12: Urbanisation

3/1/2017

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This is the process by which people are attracted to live in towns or large settlements. An urban centre is any area with a human population of 20,000 people or more.

Early Urbanization.

Some of the early urban centres in Africa included Cairo, Meroe/Merowe and Kilwa.

Urbanization

Factors that influenced development of urban centres in Africa.

Existence of transport routes-Meroe/Merowe located at an intersection of transport routes.
Availability of water for irrigation which increased food production and influenced growth of towns e.g. Cairo.
Industrial development –areas of industries grew up as towns since they attracted laborers e.g. Cairo.
Commercial activities like trade-location along trade routes.
Strategic location which ensured security and thus ample growth e.g. Kilwa.
Growth of religion –some grew rapidly because they were religious centres.
Mining –led to development of towns’ e.g. Meroe, Johannesburg.

Cairo.
This is the capital city of Egypt. The city was founded in 969 AD when the conquerors from Tunisia, ‘The Fatimid Dynasty’ invaded and conquered Egypt

Factors for the growth of Cairo.

The Nile River provided water for domestic use and was also a means of transport. This enabled Cairo to grow.
Availability of water for irrigation which increased food production and influenced growth of Cairo.
Industrial development –various industries developed in Cairo. Food processing industries and construction works. The industries attracted migrants from rural areas.
Fertile Nile Valley. the Valley had adequate rainfall and the river always carried silt which it deposited downstream to provide
The Suez Canal which was opened in 1869 opened a new trade route which encouraged the arrival of thousands of Europeans. Commercial, administrative and public buildings were constructed during this time.
Commercial activities like trade-location along trade routes. The Strategic location along the Nile attracted caravans which would pass through Cairo from North, west and Central Africa
The opening of the Aswan High Dam in 1902 enhanced food production through irrigation thus influencing Cairo’s growth.
The effects of the two world wars which disrupted Egypt’s trade with other countries thus compelling her to find ways of substituting imports. This boosted industrialization
Cairo is a cultural centre being home to treasures preserved from the early Egyptian civilization and Islamic culture in their museums. ‘The city of a thousand Minarets’.
Cairo also grew as a centre of education and medicine. Several institutions of higher learning such as the University of Cairo, American University and Azar University contributed to this.

Functions of Cairo.

It was a national capital and a political centre of the Arab world.
It serves as the transport and commercial centre of North Africa and the Middle East.
It is a recreational centre housing many recreational facilities like stadiums and entertainment halls
Cairo has been a historical centre being the house to the Egyptian civilization for over 5000 years
Cairo serves as an industrial centre. Many of these developed during the industrialization process. For example, textile, vehicle and communication equipment assembly plants.

Cairo faces the following problems today;

High population. Cairo is the largest city in Africa and the Middle East. One fifth of Egypt’s population stays in Cairo. In 1988, her population was 11 million.
Scarcity of food. The high population in the city has caused food shortage.
Unemployment. The number of unemployed people in Cairo is increasing every year mainly due to the high rate of migration to the city and the natural population increase.
Housing problems. Between the Nile and the main airport, between 250,000 to 900,000 poor people have put up shanties. This area is commonly reffered to as the ‘city of Death’.
Traffic jams.
Pollution from the industries, vehicle exhaust, desert storms and garbage burning.
High crime rate. This is mostly due to the high unemployment level

Solutions to the problems facing Cairo.

The food shortage problem is being tackled through reclaiming land for agriculture. The Aswan high Dam provides water for irrigation.
The housing problem is being addressed by constructing industries in the suburbs to reduce the population in the city.
Traffic jams have been eased through the launching of the Cairo Metro in 1987, which was Africa’s first subway system, which serves the Ramses station to the north and Helwan area to the south. It conveys 60,000 passengers per hour.

Meroe/Merowe.

This was the second capital of the kingdom of Kush and emerged as a city in 650 BC. It rose to become an important industrial centre and specifically iron working producing weapons, hunting and farming tools.

Factors for growth of Meroe.

Existence of transport routes-Meroe/Merowe was located at an intersection of transport routes (from east via the red sea and from north via Egypt). This promoted trade with other parts of the world.
Abundance of wood fuel, from the heavily forested Blue Nile / white Nile intersection area, which was a key to the prosperity of the iron-working industry.
Mining –Merowe was located in a region endowed with a lot of iron.

Social effects of the growth of Merowe.

The Merotic language developed to replace the Egyptian language previously used by the Nubian founders of Merowe.
New architectural developments took place in the region. These were characterized by tombs where rulers were buried after death, ruins of temples, palaces and homes.
Other industries developed besides the iron working industry. For example, weaving of cotton, cloth and pottery

Functions of Meroe during the colonial period.

Meroe was a centre of iron working hence an early industrial centre.
A mining centre since Meroe had iron ore, which it mined.
A religious function since it had many temples where people worshipped their gods. The priests who headed the Meroe church had their headquarters in Meroe.
It was a centre of trade.
It was an administrative and political centre.
Transport centre-major trade routes converged and radiated from Meroe.

Factors that led to decline of Merowe.

The rise of Axum kingdom of Ethiopia which denied her access to the red sea.
The increasing desertification of the region, perhaps due to the rapid deforestation. The city began declining in 350 BC.

Kilwa.

The town is among the city states that developed along the east African coast. Her greatness was due to the Persian influence. One of its Shirazi rulers from Banadir Coast in Persia, Ali Ibn Hassan, transformed the town into a large city.
The sultan erected a stone citadel to protect the island from external enemies. He also forced other conquered city-states to pay tribute to Kilwa.
Later on Sultan al-Hassan Ibn Sulaiman I built the Great mosque of Kilwa in 1270 AD and a luxurious palace referred to by historians as Husuni Kubwa.

Factors influencing the growth of Kilwa.

Exemplary leadership provided by the Shirazi Leaders who kept enemies off and forced the neighbouring city-states to pay tribute to Kilwa.
The strategic location of Kilwa enabled her to attract merchants as it was a convenient stopping place.
Monopoly of the sofala Gold Trade. The control of the Sofala Gold trade had fallen in the hands of Kilwa by 1300 AD
The gleaming buildings of Kilwa such as the great Mosque and palace made her the Jewel of the Zenj Coast, minting her own coins to add to her prosperity.. the mosque became a tourist attraction later own

Functions of Kilwa.

It was a major trading centre flourishing mainly due to the gold trade.
It was a major defence centre since it was heavily fortified against external aggression by a stone citadel.
It was a religious centre. Mosques for Islamic worship were located at Kilwa e.g the great mosque.
It was an administrative centre which housed palaces for the rulers and other rich people. However 14th C AD, Kilwa’s prosperity began to decline due to the following reasons.

Factors that led to the decline of Kilwa.

Disruption of the Gold trade/ civil wars among communities.
Dynastic rivalries/ family feuds.
Series of rebellions among some of the towns.
Conquest by the Portuguese who even burnt the towns.

Factors that led to the collapse of early urban centres in pre-colonial Africa

Collapse of state system and kingdoms for example Kush collapse and the coastal city states.
Collapse of trade and their economic systems e.g. the trans-Saharan trade and long distance trade.
Collapse of Arab influence I east Africa and east Africa.
Impact of Portuguese conquest leading to destruction of towns like manda and decline of others.
Introduction of new types of trade e.g. legitimate trade which replaced slave trade.
European colonization brought in a new social political and economic order.
Exhaustion of mineral resources e.g. gold as in case of sofala and Kilwa as well as Meroe. Some minerals lost value.
Changes in transport routes as new roads by-passed some towns thus diverting trade to other centres e.g. Timbuktu
As a result of stiff competition, some towns dwindled as others expanded.

Early urban centres in Europe

Athens.

This is one of the early states in ancient Greece that flourished after the Persian wars of between 490-480 BC.
Athens developed from a farming settlement situated in a defensive site. It had many beautiful buildings such as the Parthenon (a large temple built between 460 and 430 BC in honour of Athena, the goddess of Athens). The acropolis was the highest part of the town.
Athens had narrow streets and some of its houses were made of unbaked bricks or mud and thatched roofs.
There were frequent outbreaks of diseases due to poor sanitation.
The concept of democracy first developed in Athens. At the centre of the city was a market, Agora, which was used as an assembly hall for debates.
Athenians were divided into four classes.
- a) First class –the richest that were the most heavily taxed.
- b) Second class- provided the cavalry for the army.
- c) Third class- provided the soldiers for the infantry.
- d) The fourth class- the poorest and who paid no taxes.
Athens began to decline due to the Peloponnesian wars (431-404 BC). It was finally crushed in 338 BC by Phillip of Macedonia.
Currently Athens is the capital of Greece with a population of 4 million.

Factors that led to growth of Athens.

Trade and commerce. Their soils of the surrounding areas were infertile and, therefore could not support agriculture. The Athenians therefore resorted to trade to obtain foods in exchange for wine, wool and olive oil.
Security. Athens was located in an easily defensible place. The town was surrounded by water, valleys and highlands making it difficult for an external enemy to attack.
Religious activities. The area was a worship centre. People coming to the Parthenon temple contributed to the growth of the town.
Accessibility and communication network. The port of Athens was located about six kilometres from the city thus making Athens a transport centre.
Availability of water.

Functions of Athens.

It was a cultural centre. The Greeks loved to watch play. In Athens, there was the great theatre of Epidaurus.
An educational centre. In Athens, every person was taught how to read and write. Athens became a centre of scholarly work producing great thinkers like Socrates, Plato, Pythagoras, Archimedes and Aristotle.
Athens was a sports centre. There were Gymnasiums where boys were taught games which were developed into what came to be known as Olympics.
Religious centre. The Parthenon temple was a great manifestation of this function. People coming to the Parthenon temple contributed to the growth of the town.

London.

The capital city of England, it is situated on the estuary of the river Thames. Its name is derived from the name Llyn Dun which means ‘Celtic Lake Fort’. The town developed during the Roman rule in Britain in A.D 43.
By 314 AD London had become an early centre of Christianity.
In 1381, the city was adversely affected by a serious peasant, revolt that led to massive destruction of property.
By 18th c, London had emerged as an elegant city though however also with numerous urban related problems. In 1890, it hosted the world’s first electric train.

Factors influencing growth of London.

Trade-money obtained from trading was used to build the city.
Industrialization-industry such as textile, ship building, metal works, etc led to the growth of London.
Improved transport –London is well served by a network of railway and roads. This facilitated the movement of goods and people.
Shipping activities-there are many harbours in London enabling expanded loading and unloading activities
Population growth.
London was the seat of government for a very long time.

Functions of London.

It was a transport and communication centre. The city was inter-connected with roads which served various parts of Britain. The city houses the main international airports on UK. E.g Heathrow- the busiest airport in the world.
It is a political and administrative capital with offices for the Prime Minister and cabinet. The Monarchical offices are also located here.
It is a commercial centre. Many financial institutions such as banks and other commercial and trading activities attract a lot of traders.
An industrial centre. London was an early centre of the textile industry. There are light service industries in the city.
It is an educational centre, housing institutions like the oxford university, the University of London, founded in 1836, etc.
London is a historical centre. The city has theatres for the performance of cultural activities and museums which display artefacts of Historical importance.

Problems of London.

Like many large cities worldwide, London has its share of problems:
overcrowding,
Unemployment has continued to increase with the growing population. In 1988, for example, nearly 1 in 8 people were unemployed throughout London and the situation in the inner city was worst
Poor housing and homelessness. This has led to development of slums.
Transportation is another problem. However, an excellent public system has helped to alleviate this.
Air pollution continues to be a major challenge.
Rural-urban migration by the job seekers causing overcrowding in the city.
Poverty. This was a greater problem in London in the initial stages.

Modern cities in Africa.

Nairobi.
Nairobi developed as a depot and camp for the railway workers during the construction of the kenya-Uganda railway

Factors influencing the growth of Nairobi

Excellent location in an area almost midway between Mombasa and Lake Victoria.
There was adequate supply of water.
The land was suitable for construction of workshops as it was flat.
The climate was suitable for Europeans. Cool temperatures at an altitude of 1700m.
It was surrounded by a fertile countryside producing adequate foods.
Transfer of the seat of the colonial government in 1907.

Functions of Nairobi.

It was a transport and communication centre. The city is inter-connected with roads which served various parts of the country. The city houses the main international airport- JKIA.
It is an administrative capital with offices for the head of state, cabinet, parliament and department of defence.
It is a regional headquarter of various international bodies like UN, ILO etc.
It is a commercial and financial centre. Many financial institutions such as banks and other commercial and trading activities attract a lot of traders.
An industrial centre. Nairobi’s industrial area hosts many key industries in Kenya and east Africa.
It is an educational centre, housing institutions like the University of Nairobi, kenya polytechnic and other key institutions
It is a tourist centre. The town boasts of various tourist attractions such as the Nairobi National Park, National Museums etc.

Problems facing Nairobi

Rural-urban migration by the job seekers causing overcrowding in the city.
Unemployment has continued to increase with the growing population.
Poor housing. The population growth in Nairobi to 3 million has not corresponded to the development of housing.
Inadequate social services including health services and educational facilities.
Congestion on roads caused by an increase in the number of vehicles on the roads while the road network is not expanding.
Poor town planning has led to poor drainage, especially during heavy rains when a lot of flooding occurs
Pollution continues to be a major challenge in Nairobi. The factories located in the city are a cause of air and noise pollution.
Water shortage caused by the high rate of expansion in the town and the depletion odf water reservoirs.
The rate of HIV/AIDS infection is very high.

Solutions to these problems.

New housing projects are being developed. For example the Mathare slums upgrading project.
The education and other social services are being provided through a cost-sharing scheme between the government and the town dwellers.
The government is addressing the transport/congestion problem through the upgrading of the Thika superhighway to an eight lane highway; the Nairobi Syokimau Railway service was commissioned by president Kibaki I November 2012 to de-congest jogoo road. Etc.
The government is encouraging the expansion of the informal sector as an alternative source of employment.
The government is rehabilitating street families by taking them to schools to acquire relevant skills to make them useful to the nation.
New water projects have been put in place. For example, the third Nairobi water Project from River Chania.
The government is sensitizing, through NGOs and GOs, civilians about responsible sex as a measure to curb the spread of HIV/AIDS.

Johannesburg.

The city started as a mining camp in 1886 after the discovery of gold in the Witwatersrand. This attracted thousands of people coming to prospect for minerals and seek for employment.
By the end of 19th c, the population of Johannesburg had risen to 166,000 people.

Factors which contributed to the growth of Johannesburg

Existence of minerals/discovery of gold in the Witwatersrand which resulted in a rush of people to the area.
Availability of energy i.e. coal which was an important source of energy to the mines, industries and homes.
Excellent location in the veldt/plain making construction work easy.
Its proximity to Vaal River which supplied plenty of water to industries and domestic use.
Area around Johannesburg is fertile and therefore agriculturally productive ensuring steady supply of food.
The organization of the city council which has ensured that financial control and revenue collection is effectively and the city able to manage its growth problems.
Government policy of supporting industrial development. This has favored its growth.

Functions of Johannesburg.

It was a transport and communication centre. The city has a highly developed network of transport lines since it served the mining industry. In June 2010, it became the first city in Africa to house an electric train service.
An industrial centre. Its manufacturing functions include mining, metalwork, engineering, diamond cutting, jewellery manufacturing and food processing.
It is a commercial and financial centre. Many financial institutions such as banks and other commercial and trading activities attract a lot of traders. It is also a major shopping centre in South Africa.
It is an educational centre, housing institutions like the University of Witwatersrand, teacher training colleges and other key institutions.

Problems facing Johannesburg.

The problem of racial segregation. The black Africans who work around Johannesburg were often treated almost as slaves though they were the majority in the country.
Poor housing. Most of the workers who work in and around Johannesburg live in shanties , mainly because of underpayment
Unemployment has continued to increase with the growing population. Though the city is an industrial town, her industries have failed to provide sufficient employment for all people in the town.
Rural-urban migration by the job seekers causing overcrowding in the city.
A large gap between the affluent class, especially the Europeans and the poor people who majorly are African
Congestion on roads caused by an increase in the number of vehicles on the roads while the road network is not expanding.
The city has the highest crime rate in the world.
Inadequate social services including health services and educational facilities.
Water shortage caused by the high rate of expansion in the town and the depletion of water reservoirs.
The rate of HIV/AIDS infection is very high.

Solutions to the problems.

The apartheid regime was ended in 1994 thus ending the problem of racial segregation.
The new government of South Africa is trying to come up with better housing estates.
Crime has been contained by creating more job opportunities.
The government is sensitizing, through NGOs and GOs, civilians about responsible sex as a measure to curb the spread of HIV/AIDS

Impact of agrarian development on urbanization in Africa.

The practice of agriculture forced people to adopt a sedentary lifestyle. Such settlement formed the basis of the earliest urban centres.
Early agriculture led to specialization. The areas where the potters, iron smelters weavers and fishermen did their work grew up into urban centres
From the agrarian revolution, there was adequate food for town dwellers.

On urbanization in Europe

The revolution in Europe led to a landless society who moved to urban centres seeking employment. This promoted urban growth.
Increased agricultural production ensured steady supply of raw materials to the new industries hence further growth of the industries.
Agricultural expansion meant the big farmers had to borrow loans hence the expansion of banking facilities in towns leading to further growth.
Agricultural produce entering and leaving countries had to be handled in ports hence towns near coasts grew.

Impacts of industrial revolution on urbanization in the world.

The establishment of many factories drew many people to towns in search of employment the mining industry attracted many people to work in the mines. The mining camps soon grew up into towns.
Industrial revolution stimulated innovations in transport and communication ensuring faster movement of people to further expansion of trading towns.
The growth of industry has led to expansion of port towns to handle increased manufactured goods for export and raw material for factories e.g. growth of London, Budapest, Marseilles, Lagos and Cairo.
The use of machines replaced human labour and caused layoffs. Those who lost their jabs sometimes became a security risk hence an increase in crime.
The many inefficient factories that came up after the revolution have caused massive air and water pollution.
Rural urban migration has exerted pressure on the limited resources and services the towns can offer.

Consequences of urbanization on European communities during the 19th c.

Rural –urban migration by Africans looking for better opportunities led to increased crime levels and insecurity for the Europeans.
Air pollution which also affected them.
Creation of employment for the Europeans in the developing industries.
Creation of markets for agricultural produce due to increased urban population.
Europeans were deprived of cheap African labour as most of them moved to urban areas.

KCSE History paper 1 and 2 with marking schemes now available

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Chapter 15: Democracy and Human Rights

​What is democracy?

Key aspects of a real democracy.

Types of democracy

Merits of democracy

Demerits of democracy.

Principles of democracy.Principle-basic truth or general law.

Human rights

Why human rights are important.

Classification of Human rights.

Groups that monitor human rights in Kenya.

Characteristics of human rights.

United Nations Charter on human rights.

Importance of the UN Charter on human rights.

The Kenyan Bill of Rights

3. Human dignity

Application of the Kenyan bill of rights to specific groups of people in Kenya.

Chapter 14: Constitutions and Constitution Making

Functions of a constitution

Types of constitutions. ​1. Written constitution

Characteristics of a written constitution.

Advantages of a written constitution.

Disadvantages of a written constitution.

2. Unwritten constitution

Sources of British constitution.

Advantages of unwritten constitution

Disadvantages of an unwritten constitution.

Features/qualities of a good constitution.

Constitution making process in Kenya in pre-colonial, colonial and post colonial eras.

Independence (1963)

​Post –colonial Era (1963-2010).

Steps towards realization of a new constitution in Kenya from 2008.

Stages in the constitution making process in Kenya since independence.

Constitutional Changes in Kenya since independence upto 2010.

Key changes in the New Constitution.

FEATURES OF THE NEW CONSTITUTION.

Problems that Kenya faced in realization of a new constitutional dispensation.

Why Kenya’s new constitution is regarded as supreme.

Functions of the Kenyan constitution.

Role played by the Kenyan constitution in governing the country.

Chapter 12: Urbanisation

​Early Urbanization.

Factors that influenced development of urban centres in Africa.

Factors for the growth of Cairo.

Functions of Cairo.

Cairo faces the following problems today;

Solutions to the problems facing Cairo.

Meroe/Merowe.

Factors for growth of Meroe.

Social effects of the growth of Merowe.

Functions of Meroe during the colonial period.

Factors that led to decline of Merowe.

Kilwa.

Factors influencing the growth of Kilwa.

Functions of Kilwa.

​Factors that led to the decline of Kilwa.

Factors that led to the collapse of early urban centres in pre-colonial Africa

Early urban centres in Europe

Factors that led to growth of Athens.

Functions of Athens.

London.

Factors influencing growth of London.

Functions of London.

Problems of London.

Modern cities in Africa.

Factors influencing the growth of Nairobi

Functions of Nairobi.

Problems facing Nairobi

Solutions to these problems.

Johannesburg.

Factors which contributed to the growth of Johannesburg

Functions of Johannesburg.

Problems facing Johannesburg.

​Solutions to the problems.

Impact of agrarian development on urbanization in Africa.

On urbanization in Europe

Impacts of industrial revolution on urbanization in the world.

​Consequences of urbanization on European communities during the 19th c.

KCSE History paper 1 and 2 with marking schemes now available

Archives

What is democracy?

Principles of democracy.
Principle-basic truth or general law.

Types of constitutions.
1. Written constitution

Post –colonial Era (1963-2010).

Early Urbanization.

Factors that led to the decline of Kilwa.

Solutions to the problems.

Consequences of urbanization on European communities during the 19th c.