Constitutions and Constitution Making

1/12/2021

Constitutions and Constitution Making

ATIKA SCHOOL HISTORY AND GOVERNMENT NOTES

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.

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

Functions of a constitution

The constitution provides the legal ground from which the laws of the country are made.
It spells out the powers of government and its relationship to the governed.
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.

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

Advantages of a written constitution.

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.
In case of a crisis, the constitution provides very clear guidelines on the procedures to be followed, thus restoring stability in the country.
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.
It is fundamental to a newly formed nation so as to take off in an orderly and organized manner.
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.
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.

Due to its rigidity, it can fail to respond to changing circumstances and can therefore easily become obsolete.
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.
Some written constitutions are too detailed and rarely understood by the ordinary citizens.
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.

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
The Reform Acts of 1832 and 1834 which determine succession to the throne.
Customs. This refers to ancient or traditional practices or the common law. For example, the first born inheriting the throne.
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.
Customs of parliament. House procedures including standing orders and other regulations are part of the British constitution.
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.
The Conventions and Practices that have become respected over the years are also part of the British constitution.

Advantages of unwritten constitution

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

Disadvantages of an unwritten constitution.

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.
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.
An unwritten constitution tends to be vague and indefinite as compared to the written constitution.
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.

Definiteness; it must depict clear intelligence and one which facilitates thinking. It must define its content clearly.
It should be comprehensive/ it must be short but inclusive of all the issues involved in government operation.
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.
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.
Amendment procedure must be stated clearly.
The constitution must be representative of the diverse social and political spectrum of the people.
It must exhibit supremacy of the people/ it must make the will of the people as the basis of government.
It must stipulate the choice of government through free and fair elections
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;
- Africans demanded for true democracy, where one man would have one vote.
- The Arabs wanted to retain the ten-mile coastal strip, while Somalis wanted reunification with Somalia.
- 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;
- The future of the coastal strip that belonged to the sultan prior to colonialism.
- The future of North Eastern Province(North Frontier District)
- 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.

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.
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.
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.
The constitution recommended a multiparty system of government and the party with the majority of seats forming the government.
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.
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.
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.
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.
It provided for public service commission. The aim was insulate the civil service recruitment and promotions from abuse and corruption.
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;

The KBC shall observe fairness in providing balanced all-inclusive political views in the news coverage.
Membership of the Electoral Commission to be reviewed to accommodate the interest of the opposition.
Registration of Parties would be done without unnecessary delay.
The powers of the chiefs that would likely interfere with political activity at local level be contained.
The police Act be amended to provide for politically impartial police force
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.

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.
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).
23 February 2009 Members of the CoE were appointed by the President were later on sworn in,
On 17 November 2009 CoE released the draft to the public and invited views and comments on the draft constitution,
By 23rd February 2010. CoE had submitted the final draft of constitution to the Parliamentary Select Committee.
On 4th august 2010 Kenya held a Constitutional Referendum where the new constitution was overwhelmingly endorsed.
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.

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.
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.
Civic education. in 2001, the Ghai Commission was mandated and funded to provide civic education .
Convening of constitutional conferences. For example, The 2002 National Constitution Conference at Bomas of Kenya and other similar conferences.
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.
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.
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.

Reduction of president’s executive powers.
Devolution of power to regions (creation of county and national governments.)
Creation of the senate and national assembly to constitute parliament.
On Citizenship, Birth and registration are the only recognize ways of attaining Kenyan citizenship. Dual citizenship is now recognized by the constitution.
Recognition of the Kadhi’s courts as subordinate courts in the judicial court system.
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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Democracy and Human Rights

29/11/2021

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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;

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.
The right to remain silent. – The right of a person to choose to talk or to remain silent.
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.)
The right of not being compelled to make any confession or admission that could be used in evidence against the person.
The right t be held separately from persons serving a sentence ( should not be held in prisons alongside those already convicted)
To be brought to court as soon as reasonably possible, as but not later than twenty four hours after being arrested.
To be charged or be informed of the reason for the extension of detention or release, at the first court appearance.
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;
- To be presumed innocent until proven otherwise.
- To be informed of the charges.
- To have adequate time and facilities to prepare a defence.
- To a public trial before a court.
- To have the trial begin and be concluded with few delays.
- To be present when being tried.
- 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.
- To remain silent and not testify during the proceedings.
- To be informed in advance, of the evidence the prosecution intends to present, and to have reasonable access to that evidence.
- To challenge the evidence.
- To refuse to give self-incriminating evidence.
- To have the assistance of an interpreter if the accused person cannot understand the language used in the trial.
- 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 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
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.
A person with any disability is entitled to reasonable access to all places, public transport and information.
A person with any disability is entitled to use Sign language, Braille or other appropriate means of communication.
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.

Right to access relevant education and training.
Right to have opportunities to associate, be represented and participate in political, social, economic and other spheres of life.
Right to access employment.
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

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

Rights of older members of society in Kenya.

Right to fully participate in the affairs of society.
Right to pursue their personal development.
Right to live in dignity and respect and be free from abuse.
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 at least three but not more than nine members appointed by the president with the approval of the national assembly.

Objectives;

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

Functions of the Kenya National Human Rights and Equality Commission.

It has a duty to promote respect for human rights and develop a culture of human rights in the republic.
A duty to promote protection and observance of human rights in public and private institutions.
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.
It receives and investigates complaints about alleged abuses of human rights and takes steps to secure appropriate redress where human rights have been violated.
It acts as the principal organ of the state in ensuring compliance with obligations under treaties and conventions relating o human rights.
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.
It investigates complaints about abuse of power, unfair treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official conduct.

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WORLD WARS (WORLD WAR 1 AND 2)

28/11/2021

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FORM 4 ATIKA SCHOOL HISTORY NOTES

World War I

World War I or the First World War was a war fought by many countries, which is why it is called a "world" war. It started in 1914 and ended in 1918. 135 countries took part in World War I, and more than 15,000,000 people died in the war.

WORLD WAR CAVES

World War One - Causes

The First World War, which began in August 1914, was directly triggered by the assassination of the Austrian archduke, Franz Ferdinand and his wife, on 28 June 1914 by Bosnian revolutionary, Gavrilo Princip. This event was, however, simply the trigger that set off declarations of war.
The actual causes of the war were;

The system of Alliances - An alliance is an agreement made between two or more countries to give each other help if it is needed. A number of alliances had been signed by countries between the years 1879 and 1914. For example, the Dual Alliance signed by Germany with Austria and Hungary in 1879 and later joined by Italy in 1882 to become the triple Alliance. This system led to the division of Europe into two antagonistic power blocs. It led to fear and suspicion between nations. It transformed local disputes into a general conflict. The Triple Alliance of Germany, Austria-Hungary and Italy were directly opposed by the Entente powers of France and Russia and later included Great Britain to form the Triple Entente in 1907.
Imperialism - Imperialism is when a country takes over new lands or countries and makes them subject to their rule. By 1900, the British Empire extended over five continents and France had control of large areas of Africa. With the rise of industrialism, countries needed new markets. The amount of lands 'owned' by Britain and France increased their rivalry with Germany who had entered the scramble to acquire colonies late and only had small areas of Africa.
Economic rivalry - According to Marxism, the highest form of capitalism would ultimately lead to an inevitable war through economic rivalry. In the late 19th century, all European powers had industrialized or had started. Therefore, to match the needs of economy and industry, nations sought to expand their territory through imperialism in order to gain raw materials and markets. This then led to the clash of imperial interest between nations and ultimately led to conflict and war.
Militarism - Militarism means that the army and military forces are given a high profile by the government. The growing European divide had led to an arms race between the main countries. The armies of both France and Germany had more than doubled between 1870 and 1914 and there was fierce competition between Britain and Germany for mastery of the seas. The British had introduced the 'Dreadnought', an effective battleship, in 1906. The Germans soon followed suit introducing their own battleships. The German, Von Schlieffen also drew up a plan of action that involved attacking France through Belgium if Russia made an attack on Germany.
Nationalism - Nationalism means being a strong supporter of the rights and interests of one's country. The Congress of Vienna, held after Napoleon's exile to Elba, aimed to sort out problems in Europe. Delegates from Britain, Austria, Prussia and Russia decided upon a new Europe that left both Germany and Italy as divided states. Strong nationalist elements led to the re-unification of Italy in 1861 and Germany in 1871. The settlement at the end of the Franco-Prussian war left France angry at the loss of Alsace-Lorraine to Germany and keen to regain their lost territory. Large areas of both Austria-Hungary and Serbia were home to differing nationalist groups, all of whom wanted freedom from the states in which they lived.
Moroccan Crisis - In 1904 Morocco had been given to France by Britain, but the Moroccans wanted their independence. In 1905, Germany announced her support for Moroccan independence. War was narrowly avoided by a conference which allowed France to retain possession of Morocco. However, in 1911, the Germans were again protesting against French possession of Morocco. Britain supported France and Germany was persuaded to back down for part of French Congo.

The First Moroccan Crisis

The First Moroccan Crisis clearly indicated that Germany’s relation with France was at best fragile. In 1905 Morocco was one of the few African states not occupied by a European power. In May 1905 it was agreed that an international conference should be held on Morocco in Algeciras.

The Algeciras Conference of 1906

The main aim was to decide what was to be done with regards to Morocco. The two main protagonists at Algeciras were France and Germany. However, it soon became very clear to Germany that other European powers had sided with France – Britain, Spain and Italy. The Algeciras Conference ended on April 7th 1906.The Germans got very little out of the conference. The plan to create a triple alliance or even a quadruple alliance to isolate Great Britain failed. Arguably, by the end of the conference, Britain and France had even closer ties to one another. A German presence in North Africa had also failed to materialize. The French media portrayed Germany as an inferior nation, much to the concern of the more experienced politicians in Paris. The Algeciras Conference may have ‘resolved’ the crisis in Morocco but the outcome clearly defined Europe into certain camps. At this conference Germany publicly lost out.

The Agadir Crisis of 1911 (the Second Moroccan Crisis.)

The Agadir Crisis occurred in 1911 just four years after the First Moroccan Crisis. Germany’s attention was diverted after the 1905-06 crises by other issues, mainly building up her navy so that it rivaled the Royal Navy. As a result France spent five years having far more influence in Morocco than Germany. They backed the corrupt Sultan, Abdul Aziz, who was accused by some of his countrymen of selling out Morocco to the French. The half-brother of Aziz, Mulay Hafid, took a stand on behalf of the Moroccan people who proclaimed him Sultan in January 1908. Fez also came under attack. In April 1911 a decision was made in Germany to send troops to Fez to support the foreign contingent living there. The plan was to send German warships to Agadir and Mogador ostensibly to defend German citizens in Morocco. A gunboat, the ‘Panther’, was sent to Agadir on July 1st 1911.
What part did the Agadir Crisis play in the outbreak of World War One?
The episode proved that Germany was hell-bent on trying to dominate Europe as a whole. Winston Churchill and David Lloyd George were among those who believed this.

7) Bosnian Crisis

In 1908, Austria-Hungary took over the former Turkish province of Bosnia. This angered Serbians who felt the province should be theirs. Serbia threatened Austria-Hungary with war. Russia, allied to Serbia, mobilized its forces. Germany, allied to Austria-Hungary mobilized its forces and prepared to threaten Russia. War was avoided when Russia backed down. There was, however, war in the Balkans between 1911 and 1912 when the Balkan states drove Turkey out of the area. The states then fought each other over which area should belong to which state. Austria-Hungary then intervened and forced Serbia to give up some of its acquisitions. Tension between Serbia and Austria-Hungary was high.

8) The Assassination of Archduke Franz Ferdinand

A secret society called Ujedinjenje Ili Smrt, ('Union or Death') or Black Hand was founded in Belgrade, an outgrowth of an older Serb nationalist group: Narodna Odbrana. When it was learned that the Heir-Apparent to the Austrian throne, Franz Ferdinand, was scheduled to visit Sarajevo in June of 1914, the Black Hand decided to assassinate him. Three young Bosnians were recruited, trained and equipped: Gavrilo Princip, Nedjelko Cabrinovic and Trifko Grabez. The murders of Franz Ferdinand and Sophie brought Austro-Serbian tensions to a head. As Vienna took a hard line against Serbia, the other powers in Europe took sides. The wheels of war gained speed. The Crisis of July turned into world war, just over thirty days after Franz Ferdinand and his wife Sophie were shot.

System of Alliances.

By 1914, Europe had divided into two camps.

The Triple Alliance was Germany, Italy and Austria-Hungary.
The Triple Entente was Britain, France and Russia.

1) The Triple Alliance

The alliance between Germany and Austria was natural. Both spoke the same language - German - and had a similar culture. Austria was in political trouble in the south-east of Europe - the Balkans. She needed the might of Germany to back her up if trouble got worse. Italy had joined these countries as she feared their power on her northern border.
Each member of the Triple Alliance (Germany, Austria and Italy) promised to help the others if they were attacked by another country. By the close of the war the Central Powers had been extended to incorporate Bulgaria and Turkey

2) The Triple Entente

The Entente Powers comprised a military alliance - driven by a variety of inter-related treaties - of France, Great Britain and Russia.
The Entente alliance sprang from the military concerns of Germany's neighbours to east and west. Russia and France; accordingly in 1894 they signed an alliance based upon fears of growing German power. Britain subsequently forged alliances with both Russia and France once it became clear that Germany intended to construct a navy to match the Royal Navy in the late 1890s. Thus the Entente Alliance was not a formal alliance. The term was later replaced by the more general 'Allies' to include other nations including Italy and Japan.

THE COURSE OF THE WAR.

The war was fought in three continents; Europe, Africa and Asia and both on land and on the sea. In Europe, the war was fought in two fronts
The Western Front was where most of the fighting between Germany and the Allies happened.

The war in western front was fought in Belgium and France as per the Schlieffen plan. Count Alfred von Schlieffen, mastermind of the Schlieffen Plan, served as Germany's Chief of the Imperial General Staff from 1891 to 1905. It was Schlieffen's plan, long after he retired from army (1906) that was used for the August 1914 attack on France that was to trigger World War One. The Schlieffen Plan entailed an attack on France (while Russia mobilized her army) followed by an attack on Russia. The plan meant that Germany could place the bulk of her military might on one frontier and then move it to another.

The basic mechanics of Von Schlieffen’s plan were;

A devastating attack on France via neutral Belgium as soon as Russia had announced her intention to mobilise, which would take six weeks.
A holding operation on the Russian/German border to be carried out if necessary and if required.
Germany was to use 6 weeks to defeat France. a massive and successful surprise attack against France would be enough to put off Britain becoming involved in a continental war
Germany would then use her modernised rail system to move troops quickly from the French operation to the Russian front. Russia would then be attacked and defeated.

The Schrieffer Plan was daring but it had a number of glaring weaknesses:

a) The actions of Russia determined when Germany would have to start her attack on France even if she was ready or not.
b) It assumed that Russia would need six weeks to mobilise. But she mobilized faster than it was assumed.
c) It assumed that Germany would defeat France in less than six weeks.

Early on July 31, Russia began a full mobilization of its forces in preparation for war with Austria-Hungary. On August 1, Germany declared war on Russia and German troops began moving into Luxembourg in preparation for invading Belgium and France. On August 2, Germany contacted the Belgian government requesting free passage through Belgium for its troops. This was refused by King Albert and Germany declared war on both Belgium and France on August 3.
The German Army went into Belgium on the 4 August. On the same day, Great Britain started a war on Germany, because Britain was a friend of Belgium. When the Germans got to the Belgian city of Liège, they did finally push the Belgians out of the city, but it had taken longer than the German generals had planned.
On December 24-25, 1914, there was a temporary halt to the fighting on parts of the Western Front. This was the Christmas truce.
The initial force behind the Christmas Truce came from the Germans. Christmas was celebrated in full, with men visiting across the lines and gifts of food and tobacco being exchanged.
As Christmas ended, both sides reluctantly returned to war, the bonds forged at Christmas slowly eroded as units rotated out and the fighting became more ferocious. By 1915, the Western Front had become a stalemate as both sides engaged in trench warfare. The men on both sides took spades and dug lines of trenches went all the way from Switzerland to the North Sea, because they did not want to be killed. In front of the trenches, there was barbed wire that cut anyone who tried to climb over it, and mines that blew up anyone who tried to run across the "no man's land" that was in between the trenches. Gas was also an important weapon used.
The war in the west was static in the next three years and attempts by the military commanders on both sides to break the stalemate led to deaths of many soldiers. At the battle of the Somme in 1916 60,000 British men died in a single day. It was one of the bloodiest days in the history of the British army.
Seeking to shatter the Anglo-French lines, the German Chief of Staff, Erich von Falkenhayn, began planning a massive assault on the French city of Verdun. The Battle of Verdun lasted from February 21, 1916 until December 18, 1916 and was one of the longest and bloodiest battles of World War I. A brutal battle of attrition, Verdun cost the French an estimated 161,000 dead, 101,000 missing and 216,000 wounded. German losses were approximately 142,000 killed and 187,000 wounded.

2. The Eastern Front was fought in Central and Eastern Europe and was one of the main places where World War I took place. The start of the war on the eastern front involved an attack on Russia on 1st of august 1914. On August 6, Austria-Hungary declared war on Russia and six days later entered into hostilities with France and Britain. The Russians were decisively defeated by allied forces of Austria and Germany at the battle of Tanneberg in august 1914 and at the battle of Missourian
Lakes in September 1914.

Importance of Britain’s supremacy at sea

The British naval forces assisted in blocking the central powers particularly the Germans from accessing food and raw materials from other parts of the world. This derailed their war plans.
Her naval supremacy enabled the allies to capture colonies of the central powers.
The sea blockade enabled the allies to maintain uninterrupted communication with other allied forces, as well as safeguard the British food and raw material supplies from other parts of the world.

The final phase of World War 1

The final phase of the war was a second Germany onslaught on France in 1918 where the Germans were decisively defeated in the hands of USA soldiers.

End of World War I.

Two events that led to the end of World War I were:

Russia’s withdrawal from the war after the Great Russian revolution.
The declaration of war by the United States of America against the central powers.

The First Russian Revolution

In 1917, there was a revolution in Russia. The Russian people didn't want to fight anymore, because the war had been putting burdens on them, and many of them were poor and hungry.

The Second Russian Revolution

Two factions fought to rule over Russia. The passive Mensheviks lost against radical Bolsheviks. The leader of the Bolsheviks was Vladimir Lenin (1870-1924) which was Communist who followed the ideas of Karl Marx. The new government sued the Germans for peace, and signed a peace treaty called Brest-Litvosk with the Central Powers in March 1918 at the city of Brest Litovsk.
The Germans and Russians stopped fighting. This gave Germany lots of land in Eastern Europe and the Baltic Sea

USA entry into the war.

The German generals using submarines named U-boats (underwater boats) attacked American ships (Lusitania) that were carrying food and weapons to Great Britain. Some Americans were killed by the submarines.
Germany also wrote a secret telegram note to Mexico suggesting that the two countries work together to attack the United States (the Zimmerman Telegram- because the person who sent it was named Arthur Zimmerman-the German foreign minister).
Other reasons why USA entered the war on the side of the Allies were;

America was concerned with safeguarding her trade with Britain. (US– Anglo relationship was strong). USA was fully aware that the a defeat of Allied powers would cost her financial and industrial institutions
The USA and British intelligence were able to link some Germany sympathizers with the industrial sabotage in factories and trade unions in the USA.
Cruelty of the Germans led to the growth of anti-Germany feelings in the United States. Many of the Allies sympathizers had relatives in either France or Britain.

American people decided that they wanted their country to enter the war to punish Germany. On April 6, 1917 the United States declared war against Germany and became part of the Allies.
The socialist politicians declared Germany a republic and met with the Supreme Commander of the allied forces on 7th November 1918, Ferdinand Foch, to negotiate for end of the war with very stiff terms to the Germans.
The stiff terms given to the Germans included;

Germany to withdraw from all occupied territories, including overseas colonies.
All German forces west of the Rhine to be withdrawn.
All German warships to surrender to the Allies.
Occupation of some parts of Germany by the Allies.
All Allied prisoners of war to be released.

The Germans were given 72 hours to either accept or reject these stiff conditions. Protesting bitterly, they signed an armistice on 9th November 1918. At 11:00 AM on 9th November 1918, the war ended.

War in the seas

Some of the fiercest battles between the Allies and the central powers took place in the sea. By May 1916, Germany’s main fleet was stationed in the North Sea to attack Britain’s fleet. However, the British intelligence decoded the German wireless code and was able to prepare the royal navy to fully counter Germany’s challenge. Both sides suffered casualties in the war that followed. 11 German ships and 14 British ships were lost.

Reasons why the allies won World War I.

Allied powers had many supporters drawn from 25 states some of which were Britain, France, Belgium, Russia, Italy, USA, Japan and Portugal. They had more manpower than the central powers.
Germany failure to effectively control her expensive colonies and others turned against her.
USA entry into war on the side of the allies accelerated the defeat of the central powers. The industrial might of USA and her economic wealth helped the Allies to force the central powers to their knees.
The Allies had able and focused political leaders like Lloyd George-the British Premier and Georges Clemenceau, the French Premier.
Germans/axis powers made serious technical mistakes like invasion of the neutral Belgium by Germany which turned the world opinion against the central powers.
Superior naval power of the Allies. The superiority of the British Royal Navy enabled the Allies to enforce a naval Blockade that caused severe food shortages among the central powers.
Germany fought the war on many fronts.
Germany was badly led down by her colleagues like Italy who decamped and Bulgaria and Austria-Hungary who had to be assisted all the time. Turkey on her part easily accepted defeat.
The Allies had financial and industrial resources in Europe and in their colonies which were used to great advantage during the war.
The Allies had powerful weapons e.g. they used Tankers, Aircraft and Battleships.
The allies were united under the Command of General Foch which disadvantaged the central powers. German also used young and inexperienced soldiers after 1918 due to heavy causalities.
The central powers were surrounded by the Allies as they lay in the centre of Europe. They also lacked an extensive coastline and thus were easily blockaded.

Continued ... The Peace Treaties, League of Nations...

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Constitutions and Constitution Making

​Constitutions and Constitution Making

ATIKA SCHOOL HISTORY AND GOVERNMENT NOTES

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.

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.

WORLD WARS (WORLD WAR 1 AND 2)

FORM 4 ATIKA SCHOOL HISTORY NOTES

World War I

World War One - Causes

The First Moroccan Crisis

The Algeciras Conference of 1906

The Agadir Crisis of 1911 (the Second Moroccan Crisis.)

7) Bosnian Crisis

8) The Assassination of Archduke Franz Ferdinand

System of Alliances.

1) The Triple Alliance

2) The Triple Entente

​THE COURSE OF THE WAR.

​Importance of Britain’s supremacy at sea

​The final phase of World War 1

​End of World War I.

​The First Russian Revolution

​The Second Russian Revolution

​USA entry into the war.

War in the seas

​Reasons why the allies won World War I.

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Constitutions and Constitution Making

Types of constitutions.
1. Written constitution

Post –colonial Era (1963-2010).

What is democracy?

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

THE COURSE OF THE WAR.

Importance of Britain’s supremacy at sea

The final phase of World War 1

End of World War I.

The First Russian Revolution

The Second Russian Revolution

USA entry into the war.

Reasons why the allies won World War I.