UCC 201 Lecture Notes (PDF)

KARATINA UNIVERSITY UCC 201: NATIONAL COHESION AND INTEGRATION (Credit Units: 3) Course Outline Course Purpose To create an awareness and appreciation of human beings as a social entity who exist...

KARATINA UNIVERSITY UCC 201: NATIONAL COHESION AND INTEGRATION (Credit Units: 3) Course Outline Course Purpose To create an awareness and appreciation of human beings as a social entity who exists within a community. The course exemplifies the role of peaceful coexistence of individuals with diverse needs and aspirations in the society. The goal of the course is to promote a broad knowledge base that entails critical and analytical understanding of national cohesion and national values. Expected Learning Outcomes By the end of this course, the learner should be able to; i. Explain the importance of national cohesion and national values. ii. Demonstrate understanding of national cohesion and national values. iii. Appreciate the importance of the national values and principles of good governance. iv. Describe the symbols of national unity. v. Demonstrate the challenges of nurturing national cohesion and national values Course Content Nation, society and government: Foundation of the nation, State and government; Meaning of national cohesion and national values; Principles of good governance: The two levels of government: national and county. Evolution of values; Ethnic and national identities; Cultural diversity. Carriers and drivers of national values: Family; educational institutions. Strategies and approaches to effective implementation of national cohesion and national values. Constitutional provisions on national cohesion and national values. Nurturing national cohesion and national values. Symbols of national unity: Principles of social justice and democracy. Cohesion and national integration; nation building; managing cultural diversity: resource distribution, social justice and equity, national identity; political devolution. Kenyan socialization structures. Good leadership; Challenges to implementation of national cohesion and national values: Emerging issues in cohesion and national values. Mode of Delivery The course will be conducted using lectures, group discussions and individual/group presentations, etc. Instructional Material/ Equipment Audio-visual devices, computers/internet services, journals, newspapers, chalk/pens and white boards, flip charts, etc. Course Assessment CAT and Class Assignments 30% Final Exam 70% Total 100% 1 Course Textbooks and Journal 1. Nyairo, Joyce (2015). Kenya@50: Trends, identities and the politics of belonging. Nairobi: Contact Zones. 2. Mbondenyi, Morris K. and Ambani, John O. (2012). The new constitution of Kenya. Principles, government and human rights. Trenton, NJ: Law Africa Publishers. 3. Wa Wamwere, Koigi (2003). Negative ethnicity: from bias to genocide. Nairobi: Seven Stories Press. 4. Journal of Contemporary African Studies. Recommended Textbooks and Journal for Further Reading 1. Mungazi, Dickson A. (2005). We shall not fail: values in the national leadership of Seretse Khama, Nelson Mandela and Julius K. Nyerere. South Africa: Africa World Press. 2. Githuku, Nicholas (2015). Mau Mau crucible of war: Statehood, national identity, and politics of postcolonial Kenya. Lanham, MD: Lexington Books. 3. Therborn, Göran (2013). The killing fields of inequality.1st edition. New York: Polity. 4. Friedman Jean E. (2015). Abraham Lincoln and the virtues of war: how civil war families challenged and transformed our national Values. USA: Praeger. 5. Sreedharan, E. & Wakhlu, Bharat (eds.). (2010.) Restoring values: Keys to integrity, ethical behaviour and good governance. 1st edition. San Francisco: SAGE Publications. 6. Ongoya, Z. Elisha & Willis E. Otieno, (2012). A handbook on Kenya’s electoral laws and system: Highlights of the electoral laws and System established by and under the Constitution of Kenya 2010 and other statutes. Waterloo, ON; Canada: Centre for International Governance Innovation. 2 1.0. TOPIC ONE: INTRODUCTION 1.1 Overview The course is premised on the fact that for a long time there have been several unresolved issues which have affected the cohesiveness of the people of Kenya. Such issues include deteriorating family values, broken institutional, religious, cultural and societal values. It is in this light therefore, that national values have been identified by the Constitution as the vehicle for social transformation. The goal of the course is to operationalize core concepts and methods of delivery as well as provide customized material to the Kenyan situation for reference and further research. 1.2 Expected Learning Outcomes By the end of this topic, the learner should be able to: i. Define the concept of ethnicity and nation. ii. Discuss the key features of a state, iii. Distinguish between positive and negative ethnicity. iv. Assess the challenges of achieving national unity in a multiethnic state. 1.3 Definition of key concepts Government The term government is a broad concept. It refers to “the group of people who control and make decisions for a country, state, etc” or “a particular system used for controlling a country, state, etc” or the 'the process or manner of controlling a country, state, etc.' In general, the government is 'responsible primarily for making public policy for an entire society.' The government forms the policies that keep a particular society heading in the right direction. Institutions of the government 'regulate the relationships among members of a society and between the society and outsiders' and that they 'have the authority to make decisions for the society' to meet goals and maintain order. Whatever the case, whether referring to the system or institutions in operation, the group of people in charge, or the process in use, is the authority that sets rules for a society, helps its members relate to one another and to others, and keeps it running smoothly, securely, and peacefully. There are various forms of government ranging from liberal multi-party democracies, monarchy, one party system, authoritarian/dictatorship, military, theocracy, etc. Kenya has a democratic form of government where citizens elect the government every five years. State 3 A state may be defined as a politically organized body of people inhabiting a defined geographical entity with an organized legitimate government. A state must be free from all forms of external control to exercise its sovereignty within its area of jurisdiction. A properly constituted state has the following features. 1. Population: The most obvious essential feature of a state is its people. “States where the population shares a general political and social consensus (an agreement) about basic beliefs, have the most stable governments.” 2. Territory: A state or country or city has certain boundaries. Conflicts can arise between states and countries over where borders should be placed. Boundaries can also be changed due to war, purchase or territory, or negotiations between governments. 3. Sovereignty: Political sovereignty means the state has absolute supreme authority within the boundary of its territory. It can make laws, shape foreign policy, and make its own actions without the approval of a higher authority. 4. Government: A government “is the institution through which the state maintains social order, provides public services, and enforces decisions that are binding on its citizens.” 5. Permanence: A state must be relatively permanent, unlike the government which changes from time to time. This permanence makes it possible for a state to develop as it should. 6. Recognition: For a territory to be called a state, it must be recognized by other states and international organizations that surrounds it. This recognition will hinder any form of violence or war for boundaries and the likes. In the sphere of international relations its four basic credentials nationalism, territorial integrity, sovereignty and legal equality are fully recognized. Nation A nation can be defined as : ‘a human group conscious of forming a community, sharing a common culture, attached to a clearly demarcated territory, having a common past and a common project for the future and claiming the right to rule itself.’ A nation can objectively be defined as a group of people which possesses a shared and distinct, historically persistent cultural identity, and which makes up a majority within a given territorial area. Characteristics of a nation  It is descended from one ancestor/founder. Others may be occasionally grafted on the original stock by intermarriage.  A nation has a country or "land" which it calls its own e.g. Israel/Jews.  A nation has its own "language." This constitutes at once its unity in itself and its separation from others.  A nation is composed of many "families," clans, or tribes. NB: From this definition no African state (country), except Somalia and to some extent Swaziland and Lesotho qualify to be called a nation. This is because most African states comprise of diverse ethnic communities, some of whom are traditional arch-enemies. They are 4 not homogeneous but heterogeneous. All other African states, including Kenya are thus nation- states i.e. territories composed of various nations (ethnic groups) trying to create national identities and cohesion. A nation is thus an imagined political community. Ethnicity An ‘ethnic group’ can be defined as a group that regards itself or is regarded by others as a distinct community by virtue of certain characteristics that will help to distinguish the group from the surrounding community. Thus group share a similar culture (beliefs, values, and behaviors, traditions), language, religion, ancestry/common origin or other characteristic that is often handed down from one generation to the next. They may come from the same country or live together in the same area. Such traits contribute to a person or group’s identity. Ethnicity has been described as based on: The belief by members of a social group that they are culturally distinctive and different to outsiders. Their willingness to find symbolic markers of that difference (food habits, religion, forms of dress, language) and to emphasize their significance. Their willingness to organize relationships with outsiders so that a kind of ‘group boundary’ is preserved and reproduced –i.e.” ingroup-outgroup” dichotomy or “us-them” distinction. Ethnicity is not necessarily genetic. An individual might describe themselves by an ethnicity different to their birth identity if they reside for a considerable time in a different area and they decide to adopt the culture, symbols and relationships of their new community. Ethnicity is also a preferential term to describe the difference between humans rather than ‘race’. This is because ‘race’ is a genetically identical. Negative ethnicity (tribalism) is a major challenge in many African countries in many African countries, including Kenya. Negative ethnicity refers to a situation where members of a given group are proud of their ethnic group identity and culture while they look down upon other ethnic groups. They consider their group as the best and others as useless. Positive ethnicity is where people are proud and value their culture, traditions, history etc but still respecting other groups and cultures. Negative ethnicity or its perception brings about marginalization, distrust and heightens ethnic tensions and this can eventually leads to conflict or post-election violence over the sharing and allocation of power and national resources. Negative ethnicity refers to the deep-seated tensions between ethnic groups. It’s ethnicity that can used to injure, frustrate, ridicule and demean one ethnic group against another. It is also when one ethnic group engages in negative competition with another ethnic group with an aim of either suppressing the other or painting the wrong image of the other through stereotyping, discriminating or ignoring them through little or none inclusivity. No effective inter-ethnic cooperation or positive relationship can take place where there is negative ethnicity. 5 1.4 The origin of Kenya From the late 19th century European powers started competing for control of territories in Africa. This led to the Berlin Conference of 1884-85 which led to the partition of Africa among the various European Powers, with Britain and France getting the lion’s share. In 1895 Kenya was declared a British Protectorate under the name the British East Africa Protectorate. The territory then extended from ten miles off the Kenyan Coast to Naivasha. The ten miles Coastal strip was part of Zanzibar and was ruled by the Sultan of Zanzibar. In 1902 the Eastern Province of Uganda then stretching from Lake Victoria to Naivasha was ceded to Kenya. Thus, the border was extended to Uganda in 1902, and in 1920 the enlarged protectorate, except for the original coastal strip, which remained a protectorate, became a crown colony. During the colonial rule, the Rift Valley and the surrounding Highlands (comprising present day Kericho, Nakuru, Laikipia, Nyandarua, Trans-Nzoia and Uasin Gishu counties) became reserved for Whites. Colonial rule ended in 1963 when Kenya achieved her independence. The ten Mile Coastal strip was incorporated into Kenya after the government paid compensation to the Sultan of Zanzibar with a promise that the Muslims and Islam will be respected hence the inclusion of the Kadhis’ (Islamic) court in the Kenyan constitution. The modern state of Kenya is thus regarded as a colonial creation for the following reasons: 1. It’s the British who created the political entity referred to as Kenya by establishing specific boundaries. 2. The British incorporated diverse ethnic communities who hitherto were autonomous nations into one political entity called Kenya. Some of these communities were traditional archenemies but were now under the same political control. 3. The British introduced a new administrative system, policies, laws and regulations that all African communities had to adhere to. 4. African communities were not consulted in the creation of Kenya but rather they were forcefully incorporated. 5. The various ethnic communities had diverse and often conflicting culture which now they had to forgo and adopt the British way of doing things. 1.5 Revision Questions 1. Define negative ethnicity. 2. Discuss the key characteristics of a state. 3. Explain why Kenya is a nation-state and not a nation. 4. Assess the view that Kenya is a colonial creation. References 1. Braathen, E. (ed.). (2000). Ethnicity kills? The politics of war, peace and ethnicity in Sub-Saharan Africa. New York: Palgrave. 2. Nyaura, Jasper Edward (2018). Devolved ethnicity in Kenya: Social, economic and political perspective. European Review of Applied Sociology. Vol. 11, No. 16:17-26 6 2.0. TOPIC TWO: THE STRUCTURE OF THE GOVERNMENT OF KENYA 2.1 Expected Learning Outcomes By the end of this topic, the learner should be able to: i. Explain the three organs of the government of Kenya, ii. Discuss the functions of each of the three organs of the Kenya government. iii. Assess the achievements and limitations of devolution in Kenya. Kenya currently has a pure presidential system of government. There are three arms of government, each with distinct functions and membership. These are: The Executive, Legislature and Judiciary. In addition there are independent Constitutional commissions. Functions that are not devolved include: National Security; Education and National Assets. The three main organs of government – the Legislature (Parliament), Executive and Judiciary - operate independently of one another. To protect individual liberty and enhance efficiency, they each ensure that none has excessive power in carrying out its functions. Separating the functions of Parliament and the Executive means that neither Parliament nor the executive can act on its own. If the President intends to implement a particular policy, the approval of Parliament is necessary to ensure checks and balances. 2.2 The Executive Comprising the Presidency, Cabinet and civil service. Kenya has a two-tier government structure with national and devolved government headed by County Governors. This is the arm of government that implements Government Laws and Policies. The executive exists at both the National Government and County Government levels. The National Executive comprises the President, the Deputy President, the Attorney General, Cabinet Secretaries, Principal Secretaries and the entire National Civil Service. At the county level, it shall comprise of the Governor, Deputy Governor and the entire Public Service. The cabinet size is limited for both National Government and County Government. The Executive is distinct from the legislature. President’s power as Chief Executive is limited and “checked” e.g. senior Presidential appointments are vetted and approved by the National Assembly. 2.3 The Legislature The Constitution of Kenya 2010 establishes a legislature that is fundamentally different (in terms of structure, membership and powers) from the old constitution. The legislature exists at both the national and county level. At the national level, there is established a two-chamber Parliament consisting of the National Assembly and the Senate. Members of the Cabinet are now to be drawn from outside the legislature. There is significant increase in the total number of legislators through the introduction of special seats for women, persons with disabilities and the youth. It also has increased powers to approve key appointments to state offices as well as provision for the impeachment of the President. 7  2.4 The Judiciary The Judiciary is not devolved i.e. the County Governments do not have a distinct judiciary. A four tier structure is created at the top of which is the Supreme Court followed by Court of Appeal, High Court and last Magistrate Courts. A Judicial Service Commission has been created and is key to most judicial appointments. The Judiciary is headed by the Chief Justice who is the President of the Supreme Court. Other Courts include Court Martials (which handles cases involving military personnel), Kadhis Courts (which handles civil cases where litigants are Muslims). The Judiciary provides a check because it scrutinizes the actions of the executive and any laws passed by Parliament to see that they are constitutional. If they are not, the courts will declare them illegal. Other checks include regular elections, term limits and devolved governments. Devolved government means that executive power is shared between the national and devolved governments and requiring the National Assembly to approve senior government appointments. In addition, the National Assembly‘s power to dismiss Cabinet Secretaries is a check because cabinet members must have the support of the National Assembly and they face dismissal if they do not obey the law. 2.5 Power sharing and devolution The Kenya Constitution provides a two-tier system of government at both the National and the County level. Sharing of power can be defined as a political arrangement in which opposing groups in a society participate in government. This is the political arrangement that involves the two levels of government. Sharing of power describe a system of governance in which all significant segments or identity groups of society are provided a permanent share of power in terms of representation and decision making on common issues and a degree of autonomy over issues of importance. Sharing and devolution of power refers to ―a governance system in which power, political, economic and social resources are distributed between the national and county levels of government and which empowers people at the grassroots to make decisions on matters that affect them. There are 47 county governments each consisting of a County Assembly and a County Executive. The County Assembly comprises (a) one elected member for each ward (b) the number of special seat members necessary to ensure that no more than two thirds of the membership of the assembly are of the same gender (c) the number of members of marginalized groups, including persons with disabilities and the youth and (d) the speaker, who shall be an ex officio member. The County Executive consists of the governor, deputy governor and a maximum 10- member County Executive Committee that is appointed by the governor and approved by the County Assembly. Like the national president, a county governor can serve only two terms of five years each, and can be removed from office for serious misconduct, or incapacity. 8  The mandates of County Governments include to:  Promote democratic and accountable exercise of power.  Foster national unity by recognising diversity.  Give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them.  Recognise the right of communities to manage their own affairs and to further their development.  Protect and promote the interests and rights of minorities and marginalised communities.  Promote social and economic development and the provision of proximate, easily accessible services throughout Kenya.  Ensure equitable sharing of national and local resources throughout Kenya.  Facilitate the decentralisation of State organs, their functions and services, from the capital of Kenya.  Enhance checks and balances and the separation of powers.  Promote social and economic development and the provision of proximate; ensure equitable sharing of national and local resources throughout Kenya. Revision Questions a) Discuss the composition and functions of the three organs of the Kenya government. b) Explain the difference between a democratic state and authoritarian state. c) Why is Kenya regarded as a model democratic state in Africa? References Mbondenyi, Morris Kiwinda and Ambani, John Osogo (2012). The new constitution of Kenya. Principles, government and human rights. Trenton, NJ: LawAfrica Publishers. 9 3.0 TOPIC THREE: KENYA’S SOCIALIZATION STRUCTURES 3.1 Introduction This lecture introduces the learners to the concept of socialization and its importance in shaping personality. 3.2 Expected Learning Outcomes By the end of this topic, the learner should be able to: i. Define socialization ii. Discuss the importance of socialization. iii. Assess the challenges of socialization in the modern society 3.3 Socialization  Socialization is the process through which people learn the expectations of society. It’s a life-long process with consequences that affect how one behaves towards others and what one thinks of themselves.  It establishes self-concepts in terms of how one thinks of themselves being as a result of the socialization experiences one accumulates over time. One’s self-esteem and identity are established through socialization experiences.  It creates the capacity for role taking which refers to socialization being fundamentally reflective by involving self-conscious human beings seeing and reacting to the expectations of others.  It creates the tendency for people to act socially accepted ways. Through socialization people learn the normative expectations attached to social situations and the expectations of society in general.  Socialization creates some predictability in human behaviours and brings to some order to what might otherwise be social chaos.  It makes people bearers of culture. This because it is the process by which people learn and internalize the attitudes, beliefs and behaviours of their culture.  It is a two-way process in that persons not only are recipients of culture but also is the creator of culture who passes cultural expectations on to others.  The main product of socialization then is society itself. By moulding an individual, socialization forces perpetuates the society into which individuals are born.  Beginning at childhood, socialization contributes to the formation of a self, the self learns roles and rules and thus outfitted, the self becomes a bearer of culture, passing on all that it has acquired.  Westernization, industrialization and modernization and social mobility across the life course has changed the traditional socialization process.  Therefore socialization in the family may not be sufficient anymore for preparing for a flexible life course which consist of self-monitored learning and acting that depends on the person’s initiative and competence to select between new locations, networks, social and organizational environment. 10   Though the family is still the primary context for socialization, peer-groups, social networks and organizations in pre-schools, neighbourhoods and work setting are field of interaction that provide experiences and challenges for social identity formation. 3.4 Summary In this lecture we have discussed the socialization agents and their implication in the Kenyan context. Socialization agents are those who pass on social expectations. Everyone is a socialization agents since social expectations are communicated in countless ways and in every interaction people have whether intentionally or not. Socialization does not occur simply between individuals, it occurs in the context of social institutions. Institutions are levels of society above individuals which shape the process of socialization, including family and marriage, the work place, mass media, peers, religion, politics, sports and schools. 3.5 Task a. What is socialization? b. In your own views is the family sufficient enough for socialization process in Kenya? c. What are the challenges of youth socialization in Kenya? 11 4.0 TOPIC FOUR: MEANING OF NATIONAL COHESION AND PRINCIPLES OF GOVERNANCE 4.1 Introduction This lecture focuses on the meaning and importance of national cohesion and principles of governance in the Kenyan society. 4.2. Expected Learning Outcomes By the end of this unit, the learner should be able to: i. Define national cohesion and national values. ii. Explain the importance of national cohesion and national values. iii. Assess the challenges of promoting national cohesion in Kenya. 4.3. What is governance?  Governance: is the act of setting goals and mobilizing resources to achieve these goals. This may take place at any level, such as family, community organization, or at a higher and more complex level such as a corporation, country, district, province or country.  Governance entails the processes, mechanisms and institutions through which citizens and groups articulate their interests, mediate their differences and exercise their legal rights and obligations.  National Values and Principles of Governance are the fundamental norms and beliefs of Kenyans that guide choices, actions, relations and behaviours of citizens.  Values influence the way individuals relate with one another, how communities engage, and how citizens and government interact in promoting national cohesion, integration, peace and development. 4.4. What is national cohesion and integration?  Cohesion is defined as a conscious desire for diverse groups of people to belong together and affirm the condition of mutual dependence.  It encompasses the values of unity, equity, freedom, democracy, peace, social justice and rule of law.  National cohesion and integration is a process and an outcome of instilling and enabling all citizens in the country to have a sense as well as a feeling that they are members of the same country, community and institution.  These members engage in a common enterprise and face shared challenges. This is realized through the regulation and reconciliation of differences, competing interests and demands in a society.  It is based on the fact that societies and individuals can only achieve their full potential when living and working together. 4.5 Indicators of a cohesive society  Common vision and sense of belonging;  Peaceful co-existence among all members;  Appreciation and value for people’s diverse backgrounds and circumstances;  Similar life opportunities for those from different backgrounds; 12   Strong and positive relationships developed between people from different backgrounds. 4.6 Challenges to nurturing national cohesion and national values  Divisive ideologies;  Deteriorating morals and values;  Culture of greed and selfishness;  Community superiority/inferiority;  Negative ethnicity/ Tribalism  Negative cultural practices e.g. disregard for women.  Weakening of the family unity  Wealth worship  Corruption in high offices  Suppressing the poor and disadvantaged 4.7 Approaches for fostering institutional cohesion  Sharing and devolution of power;  The rule of Law;  Democracy and participation of the people;  Human dignity;  Equity;  Inclusiveness and non-discrimination;  Good governance;  Integrity;  Transparency and accountability. 4.8 Benefits of a cohesive and integrated nation  Institutional solidarity (togetherness);  Unity and harmony;  Unified approach in confronting external threats;  Commitment to institutional ideals;  Improved performance and well-being;  Promotion of equity in the sharing of available resources;  Building of a strong institutional identity. 4.9. Tools and processes for achieving national cohesion  Good governance  Instituting non-discriminatory practices  Reducing disparities in wealth and income across citizens  Embracing and implementing Kenya’s national values and principles of governance. 4.10. Revision Questions i) Are national values and cohesion necessary for development to happen? ii) Explain why this may be the case. 13 5.0 CHAPTER FIVE: NATIONAL VALUES AND PRINCIPLES OF GOVERNANCE 5.1 Introduction This lecture focuses on the meaning and importance of national cohesion and principles of governance in the Kenyan society. 5.2 Expected learning outcomes By the end of this topic, the learner should be able to: i. Define the concept of national values and principles of governance. ii. Explain the key national values in Kenya. iii. Appreciate the importance of the national values and principles of good governance. iv. Assess the challenges of achieving national values in Kenya. 5.3 National values and principles of governance  A value is a good thing or a quality that is continually desired and cherished, either by an individual or a society.  It is a conception of how a thing or reality or the state of affairs ought to be. It is the basis for the choice of subjective goals, the means to achieve these goals and activities performed in order to achieve them.  A value is therefore an attitude toward reality that shows human beings their true well- being and the possibility of a life that can bring them the greatest and most sustainable happiness.  It indicates to human beings the value of life. Since a value is the conception of how things ought to be, it also implies the conception of how things ought not to be.  Values guide human conduct and efforts to improve life. As such values arise from conceptions of the kind of life or society that would be considered most worthwhile by and for its members.  They entail the kinds of behavior patterns or attitudes expected of each member of society in order to realize the most desirable life for its members and the continuous existence of society.  A society or a country needs to embrace and/or cherish certain fundamental values that would guarantee a happy life for its members and the sustenance of a country. National Values and Principles of Governance are fundamental beliefs or ideals that guide the choices, actions and behavior of a nation. They are critical in building national identity and national character that guides the realization of national development. The can exert influence on the way individuals relate with one another, how communities engage one another and how citizens and government interact to promote peace, national unity and cohesion. The National Values and Principles of Governance espoused in Article 10 of the Constitution are:  Patriotism,  National unity  Sharing and devolution of power  The rule of law 14   Democracy and participation of the people  Human dignity  Equity  Social justice  Inclusiveness  Equality  Human rights  Non-discrimination and protection of the marginalized  Good governance  Integrity, transparency and accountability  Sustainable development. 5.4 Core values of as derived from African cultures and traditions  Hospitality  Generosity to others  Truthfulness and honesty in public and private lives  Parenthood or full family life  Love for children  Respect for the elderly  Respect for women  Wealth creation  Working hard 5.5 Core values as derived from Sessional Paper No. 10 of 1965  Social justice  Equitable distribution of national resources  Equality irrespective of race, colour, religion or creed  Human dignity to live a full, satisfying and respectable life  Absence of poverty and deprivation  Nation building  Unity in diversity  Mutual social responsibility  Self –reliance 5.6 Summary In conclusion, once good governance is in place, there is need to cushion it so as to prevent a slide back to bad governance. This calls for the preservation of the hallmarks of good governance through building bulwarks around institutions and practices that support and inspire government’s legitimacy, competence, accountability and respect for the rule of law. This can be accomplished through a people centered constitution, separation of powers and mainstreaming checks and balances. Bad governance on the other hand (such as autocracy or dictatorship) suppresses and oppresses the people, retards development and makes people poorer and more miserable. It must therefore be avoided at all costs. 15 5.7 Learning activities a. Discuss national values and demonstrate their importance b. Assess mechanisms used to promote national values in Kenyan communities. c. Examine the challenges faced by institutions in promoting national values and principles of governance. 16  6.0. TOPIC SIX: NATION BUILDING AND NATIONAL UNITY 6.1 Introduction This lecture introduces the factors that promote national unity in Kenya and symbols of national Unity. The lecture also looks at the importance of national unity and tries to show how national unity can be undermine. 6.2 Expected Learning Outcomes By the end of the topic, the learner should be able to; i. Describe the symbols of national unity. ii. Demonstrate the importance of national unity. iii. Assess the challenges hindering the achievement of national unity in the country. 6.3 Nation building  Nation-building is constructing or structuring a national identity using the powers of the state.  Nation building aims at the unification of the people within the state so that it remains politically stable and viable in the long run.  Nation-building includes the creation of national paraphernalia such as flags, anthems, national days, national stadiums, national airlines, national languages and national myths.  At a deeper level, national identity needed to be deliberately constructed by moulding different ethnic groups into a nation, especially since in many newly established states colonial practices of divide and rule had resulted in ethnically heterogeneous population. 6.4 Symbols of national unity  The National Anthem; this song is a prayer for Kenya. It expresses the hopes and wishes of Kenyans.  The National flag: Kenya’s national flag has four colours. Black represents the colour of the people of Kenya. Red represent the blood shed during the fight for independence. Green is the colour of our natural environment. White represent peace.  The Loyalty pledge: it expresses our loyalty and faithfulness to the country.  The Presidency: the position held by the president who is elected by the people to represent them.  The National currency: our currency is the shillings. It is unique and can only be used to buy and sell goods within the country.  National holidays: Special days when Kenyans come together to celebrate and commemorate on the country’s achievements and the contribution of great people to the country.  The Coat of Arms: it is a badge for national identity. It contains the following  Shield and two spears: shows Kenyans are ready to defend their country.  Two lions: our strength as a nation 17  A cockerel holding an axe: the first party that formed the government of Kenya after independence and our ability to work for the nation.  Agricultural crops: the agricultural wealth of our country and the ability of the Kenyans to feed for themselves.  Harambee: Kenya’s motto. It means working together. 6.5. Outside Kenya, the Kenyan Flag is flown at the following places;  Kenyan High Commission or embassy offices and Embassies.  Cars carrying Kenyan Ambassadors.  When National sportsmen and women win international sporting events.  Outside UN Headquarters in New York.  When the Kenyan Head of states is visiting another country.  It flies half-mast when a Head of state or prominent Kenyan dies. 6.6 Factors that promote national unity  A national language: a common language spoken by all the people living in one country helps to unite them. People speaking different ethnic dialects cannot easily unite if they cannot understand each other.  Education: while in school, children learn about their common history and culture. They learn about different parts of the country which exposes them to the beliefs of other communities as well as their way of life. This fosters unity.  Economic and social interaction: during economic and social activities like trade, sports and games, different communities are exposed to one another. This interaction helps foster a sense of unity. Games and sports helps to develop team among players.  The use of a single currency: this is a unifying factor, interaction takes place during trade as people exchange various commodities with money. Development of towns and urban centres brings together people from different communities.  The constitution: the constitution of Kenya is another symbol of unity. Within it, Kenyans have basic rights. Within it also, they pledge to build the nation together.  National assembly: this brings together Members of Parliament from every constituency in the country. This means that within the house the views of every adult Kenyans are represented through the people they elected  Participation in national events.  Freedom of movement  Equal distribution of national resources  The rule of law. 6.7 Factors that undermine national unity  Bad leadership: when leaders misuse their positions, they cause divisions among the people. For instance if a leader or the government openly shows favourism to certain group of people, it causes hatred among people thus undermining unity.  Power struggle: when there is power struggles between two individuals or two groups of people, it causes division in the society. 18  Racism: in a country where people belong to two or more races, it is important to avoid discrimination and treat all the races equally in provision of services and distribution of resources. This is in order to avoid suspicion and hatred and for the country to remain united.  Tribalism and nepotism: when people have strong loyalty to their ethnic, family or regional identity, it causes hatred between members of different regions or groups. This is because people tend to favour their own when giving services and allocating resources.  Scarcity of resources: if the resources that people depend on are in short supply, people compete for little that is available and this may lead to hatred and disunity. If resources are not equally distributed, there develops hatred and insecurity and lack of respect for one another all of which hinder unity.  Differences in religious beliefs: if people within a country have conflicting religious beliefs, it is important for them to respect one another’s beliefs and opinion without which there would be no national unity. 6.8 Importance of national unity  It promotes peace as people rarely engage in wars or conflicts with one another. This enables a country to prosper as resources are not wasted in settling disputes but are used for development purposes.  It promotes political stability and guarantees security as people have no suspicion towards one another. For instance, people may hold different political ideologies without hatred among them as political differences are not extended to other aspects of life.  National unity drives people towards a common goal for the good of all. It promotes growth.  If and when the country is attacked from outside, all the people fight together to defend the country.  National unity encourages freedom of movement, freedom to own property in any part of the country and freedom to interact with one another through intermarriages, trade and political activities. Such interaction promotes social, political and economic development.  National unity enables the government to serve people more effectively. People stand to benefit equally.  National unity promotes patriotism among Kenyans. It promotes cooperation among Kenyans regardless of their differences.  National Unity reduces chances of people discriminating one another according to tribe. People appreciate one another in the spirit of brotherhood. 6.9 Task i) Explain at least six factors which have promoted national unity in Kenya since 1963. ii) What do you consider as major threat to national unity in Kenya? 19  TOPIC SEVEN: PATRIOTISM AND NATIONAL UNITY 7.1 Introduction This lecture focuses on patriotism and national unity. It demonstrate how patriotism can be inculcated to the citizens and how it can be used to unify the citizens. 7.2 Expected Learning Outcomes By the end of this topic, the learner should be able to: i. Define patriotism and national unity. ii. Describe indicators of patriotism. iii. Assess the benefits of patriotism and national unity. iv. Evaluate the challenges to the achievement of national unity in the country. 7.3 Patriotism  Patriotism refers to loyalty to, love for, selfless service for, sacrifice for, devotion for, sense of belonging to, dedication to, sense of pride in, protection of one ‘s own nation. This is a major challenge in Africa in general. Africans prefer running away from their countries to more developed countries: cf: Ninajivunia kuwa mkenya vs najihurumia kuwa mkenya!” 7.3.1 Indicators of patriotism  Loyalty to the Presidency as a unifying factor;  Readiness to defend the Republic of Kenya;  Respect for the supremacy of the Constitution;  Appreciation to national symbols e.g. coat of arms and national flag; and  Spirit of volunteerism. 7. 3.2 Benefits of patriotism  Unified approach in confronting external threat to the nation;  Commitment to the promotion national interests e.g. sovereignty of the country;  Improved socio- economic and political development of the nation.  A shared sense of belonging. 7.3.4 Challenges to patriotism  Ineffective leadership;  Marginalization;  Increasing levels of corruption;  Impunity and lack of accountability;  Low social, political and economic development; 20   Undermined national interests; and  Deteriorating morals and values - higher levels of crime, fear of crime and anti-social behavior. 7.4 National unity  National unity refers to cohesion which results from shared values, vision, purpose and aspirations irrespective of the ethnic, cultural, economic, and religious or any other superficial status in a unitary state, while recognizing diversity. 7. 4.1 Indicators of national unity  Common vision and sense of belonging;  Shared challenges and opportunities;  Appreciation of cultural, communal and ethnic diversity.  Practicing equity in the sharing of state resources;  Appreciation of the national symbols; and  Use of the national language. 7.4.2 Benefits of national unity  Increased national solidarity and togetherness in tackling national development issues;  Increased political stability;  Builds a strong nationalism;  Deconstructs mistrusts and stereotypes;  Enhanced social capital;  Common attitudes and positive cultural ethos;  Enhanced protection, promotion and prioritization of national interests; and  Satisfaction of the physical, emotional, psychological and spiritual needs of citizens; 7.4.3 Challenges to national unity  Polarization and division of the country along ethnic lines;  Unfair distribution of national resources;  Failure to address historical injustices;  Complexity in migration and settlement patterns;  Proliferation of organized gangs and militia;  Control of land, capital, technology and communication by the elites; and  Undermined national interests. 7.6 Learning activities: Quiz. i) State your individual contributions towards promoting national unity in Kenya. ii) List the characteristics of a patriot and identify two Kenyan patriots and give reasons why you think they are. iii) Discuss in groups your understanding of the term “national unity.” iv) What are indicators, benefits and challenges to national unity in Kenya? 21 8.0. CHAPTER EIGHT: SHARING AND DEVOLUTION OF POWER 8.1 Introduction This unit examines power sharing and devolution in Kenya. It explains the concept of power sharing and then discusses its implementation, achievements and challenges in Kenya. 8.2 Expected Learning Outcomes By the end of the topic, the learner should be able to: i. Explain the concept of power sharing and devolution. ii. Examine the achievements of power sharing and devolution in Kenya. iii. Assess the challenges of implementing power sharing and devolution in the country. 8.3 Sharing of power  Sharing of power can be defined as a political arrangement in which opposing groups in a society participate in government. In Kenya, the concept of sharing of power is a key flagship of the Constitution as espoused in Chapter 11.  It’s a political arrangement that involves the two levels of government i.e. one (1) National and forty-seven (47) County governments.  The goal of power sharing is the arrangement of political institutions to prevent the monopoly (permanent or temporary) of executive, legislative, judicial, military or cultural power. Any system that seeks to share resources between different groups in a society will have power at its center because without power, there can be no power sharing.  Sharing of power requires that the authority of the state be administered jointly, and not by only one narrow group. It requires the consent of a broad representation of groups in a given system.  It’s also used to describe a system of governance in which all significant segments or identity groups of society are provided a permanent share of power in terms of representation and decision making on common issues and a degree of autonomy over issues of importance. 8.4 Sharing and devolution of power  Sharing and devolution of power refers to ―a governance system in which power, political, economic and social resources are distributed between the national and county levels of government and which empowers people at the grassroots to make decisions on matters that affect them.  Kenyan’s persistent demands by the repressed political opposition and a robust civil society for a return to political pluralism as a means of fostering greater government accountability, along with global liberalizing pressure, led to the reintroduction of political pluralism in December, 1991.  The demands for extensive constitutional reforms, nevertheless, notably incorporating the devolution of government to sub-national agencies, were eventually realized on 27th August, 2010 when Kenya adopted a new Constitution 22  with far-reaching provisions for democratization, including the devolution of power from the Central Government to the forty seven (47) county Governments. 8.5 Objectives of sharing and devolution of power Article 174 of the Constitution states the following as the objectives of devolution are to:  Promote democratic and accountable exercise of power;  Foster national unity by recognizing diversity;  Give powers of self- governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them;  Recognize the right of communities to manage their own affairs and to further their development;  Protect and promote the interests and rights of minorities and the marginalized communities;  Promote social and economic development and the provision of proximate, easily accessible services throughout Kenya;  Ensure equitable sharing of national and local resources throughout Kenya;  Facilitate the decentralization of State organs, their functions and services, from the capital of Kenya; and  Enhance checks and balances and the separation of powers. 8.8 Benefits of sharing and devolution of power 8.8.1. Political benefits  It promotes democratic and accountable exercise of power.  It fosters national unity by recognizing diversity; it gives powers of self- governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them  It recognizes the right of communities to manage their own affairs and to further their development;  It protects and promotes the interests and rights of minorities and the marginalized communities;  It promotes social and economic development and the provision of proximate, easily accessible services throughout Kenya;  It ensures equitable sharing of national and local resources throughout Kenya;  It facilitates the decentralization of State organs, their functions and services, from the capital of Kenya;  It enhances checks and balances and the separation of powers.  It provides channels for the expression of regional sentiments and encourages national policies to become more sensitive to regional dynamics. 23   It provides the minority parties which have been excluded from political power the opportunity to exercise policy influence.  It empowers communities to manage their own resources more effectively and simultaneously strengthens local institutions.  It ensures that varying interests of stakeholders are balanced, and that the decisions are made in a rational transformed and transparent manner. The decisions contribute to the overall efficiency and effectiveness of the institutions.  It gives the right to communities to manage their own affairs and further their development. 8.8.2 Economic benefits  Devolved provisions in sub-national entities increase economic welfare of the constituents. This is because the level of welfare is often higher if consumption occurs at each jurisdiction than if any single uniform level of consumption is maintained across all jurisdictions.  Devolution assists in the reduction of poverty through the provision of a more effective governance structure for advancing pro-poor policies.  Since sub-national institutions are likely to be more familiar with the local circumstances and cost conditions, they are better equipped to distribute resources more equitably. In so doing, they address poverty more efficiently.  Devolved governments have the ability to effectively promote productive efficiency in the provision and use of public services and the allocation of resources. The logic is that sub-national entities by their proximity to the beneficiaries of policy outcomes can allocate and extract resources more efficiently than central governments. This is because they have better access to local information, are more directly accountable to local constituents and can more effectively identify and articulate regional needs.  Devolution may reduce opportunities for bribery and rent seeking by introduction of inter-jurisdictional competition. Such opportunities are often created by the lack of competition that the central government monopoly supply of public goods and services present. 8.8. 3 Social benefits i) It gives the people a sense of identity and self-empowerment. They will feel recognized in their contribution to the growth of their own county. ii) Devolution often creates new motivation on the local level for the citizens to commit and invest its engagement for local public interest. Thus, it helps to integrate citizens and to enhance nation building. iii) Devolution ensures gender equity. The Constitution of Kenya stipulates that not more than two-thirds of the members of any county assembly or county executive shall be of the same gender. This gives room for women to be considered in both local and national appointments either through competitive processes or by taking affirmative action. 24 8.9 Challenges to sharing and devolution of power 8.9.1 Political challenges:  If not properly designed and implemented, devolution may facilitate emergence of weak institutions based on patron-client relations, and increase the risk of local politicians at the local level to use resources at their disposal to perpetuate themselves in power. They achieve this by skewing allocations in favour of their kinsmen, supporters and sycophants to purchase political loyalty.  People power- control or participation: The demands of people power could be about controlling government without necessarily having an alternative slate of more efficacious development priorities or interventions, or even commitment to participation as an ideology.  Non-existent or weak sub-national institutions: The heritages of nature and/ or “bad ‘governance” may result in glaring regional inequalities in capacities to manage devolved responsibilities often forming one basis of the demand for devolution. The dilemma is that decentralizing reform in the face of such initial inequalities could either deepen the inequalities or lead to a suboptimal operation of the chosen devolution framework.  Transfer of inefficiency: Where the cause of poor service delivery is unclear, devolution is unlikely to be the solution since national level bottlenecks are replicable at sub-national levels. There must, for instance, be concern not to transfer national level corruption to sub-national levels.  Elite capture is a phenomenon where resources transferred for the benefit of the masses `are usurped by few individuals, usually politically or economically powerful groups. This impacts on the socio-economic development and provision of quality services at all levels of government. 8.9.2 Economic challenges  It might lead to excessive taxation. The Constitution provides for taxation and also gives County Governments power to generate revenue. The County Government may impose property rates, entertainment taxes and any other tax that it is authorised to impose by an Act of Parliament.  Devolution risks allowing greater levels of corruption and mismanagement of economic resources when a decision is moved further from local levels. It is evidenced where community members lack awareness as to their roles and capacity to execute them. For instance, corruption is higher in the absence of structures to enable the community effectively monitor and evaluate usage of funds.  Devolution may also ―diminish the power and value of the national government to redistribute resources which creates a drawback to the less developed units. This may result in dependency and eventually instability where dependency is chronic. 25 8.9.3 Social challenges  Devolution if inappropriately applied can undermine national unity and inflate ethnic, religious and cultural tensions. It has the potential to lead to even greater marginalisation and discrimination of minorities and minorities within minorities especially in county level decision making and resource allocation.  Decentralisation may bring development prioritization nearer prospective beneficiaries who are assumed to know that may inflame tensions and ultimately violence and thus hamper service delivery to the citizens.  Deepening of Inequalities: Poorly applied devolution could create socio- economic and political inequality and hence feelings of discrimination and marginalisation. This is one of the drivers of conflicts and violence. 8.9.4 Technological challenges i. Where devolution creates inequalities among counties or institutions that are not equipped with infrastructure and technological facilities. ii. Lack of technological capacity. iii. Manipulation of technology for personal gain. 8.9.5 Legal challenges i. Lack of capacity to formulate legislations. ii. Conflicting and unharmonised legislation. iii. Lack of participatory decision making. 8.9.6 Ecological challenges i. Competition for resources within and across counties ii. Pollution due to proliferation iii. Deforestation iv. Human-wildlife conflicts v. Lack of adherence to institutional and legal frameworks to ensure environmental protection. 8.10 Learning activities a) Explain which government services have been devolved and how they are being executed in their respective counties. b) Discuss in groups your understanding of the terms “sharing of power” and “devolution of power. c) Assess in which ways devolution has succeeded and or failed in their respective counties. 8.12 References Caroll, W. E. (2012). Is devolution universal? A comparative analysis of regionalization and Sub-national governments. Oxford: Oxford University Press. Sisk, T. D. (2003). Power sharing and international mediation in ethnic conflicts. Washington, DC: Palgrave Macmillan. 9.0 CHAPTER NINE: DEMOCRACY AND PARTICIPATION OF THE PEOPLE 26  9.1 Introduction This unit discusses the concepts of democracy and participation of the people, as well as the benefits and challenges towards the promotion of the principle of democracy and participation of the people. 9.2 Expected learning outcomes By the end of this unit, the learner should be able to: i. Explain the concepts of democracy and participation of the people. ii. Provide examples of practice of democracy iii. Assess the challenges to democracy in Kenya. 9.3 Democracy and participation of the people  Democracy and participation of the people refers to a political culture of involving people at all levels of decision making; where everyone is equally bestowed with the powers to exercise personal skills, access information, utilize opportunities, elect their representatives, express their views, and participate in governance without prohibition.  It also refers to the right to contribute to societal and national issues particularly in reference to leadership and governance.  Democracy and participation of the people go hand in hand. The key role of citizens in a democracy is to participate in public life.  Citizen participation is one of the key building blocks of sustainable democracy.  Citizens have the right to be informed about public issues, to watch carefully how their political leaders and representatives use their powers, and to express their own opinions and interests.  It is widely recognised that the active and meaningful participation of citizens in public affairs is the distinguishing feature of democratic societies. 9.4 Types of democracy There are two main types of democracy, namely: i. Direct democracy ii. Representative democracy. a. Direct democracy  Direct Democracy is a system where the people make the key political decisions by themselves. This abolishes any distinction between the state and the citizens as it is a form of self-government.  The effectiveness of this model of democracy is directly proportional to the extent of popular participation. In a direct democracy, the people’s influence on the state is not limited to electing representatives to the parliament or government.  Citizens can express their views and intervene directly on their representatives’ activities through a popular initiative and/or referendum. b. Representative democracy 27   Representative democracy is a form of indirect democracy in which professional politicians act for or on behalf of the people.  This is typically expressed through a system of regular and democratic elections which enable politicians to be removed and made publicly accountable.  It seeks to ensure that government and parliament reflect and respect the opinions of the people. Politicians seek legitimacy from elections.  Representative democracy is the most prevalent form of democracy in the world today. 9.5 Elements of democracy Democracy as a system of government has four key elements namely: i. A political system for choosing and replacing the government through free and fair elections; ii. The active participation of the people as citizens in politics and civic life; iii. Protection of the human rights of all citizens; and iv. A rule of law, in which the laws and procedures apply equally to all citizens. 9.5.1 Indicators of democracy and participation of the people  Good governance;  Regular, free and fair elections;  Participation of the people in elections and public decision making;  Adherence to the rule of law;  Protection of fundamental freedoms and rights;  Improved welfare of the citizens;  Freedom of assembly, demonstration, and open public discussion on all issues;  Majority rule and respect of the rights of the minorities;  Respect of human dignity and sanctity of life. 9.5.2 Methods of citizen participation  Participation of the people in voting during elections.  Offering oneself as a candidate for political office.  Debating public issues.  Attending community meetings.  Petitioning the government and even protesting.  Active membership in independent non-governmental organizations or civil Societies.  Paying of taxes by the citizens.  Monitoring and evaluation of governance processes and activities including legislations, policy development, implementation and interpretation. 28  9.6 Benefits of democracy and participation of the people  Increased citizen participation in local governance which leads to improved service delivery.  Democracy gives citizens a guarantee that the will of everyone in the community shall be duly considered and that no one shall be neglected by the government.  Democracy is an avenue for public education, stimulates interest and it provides a platform for information sharing.  Participation promotes ownership of the decisions made.  Participation promotes transparency by enabling checks and balances that guard against abuse of office by public servants and political leaders.  Public participation bridges the gap between state actors and non-state actors such as the civil society, private sector and the general public.  Public participation encourages civic and community responsibility.  Democracy and participation of the people empowers vulnerable groups to demand and exercise their rights.  It is essential for good governance as it improves information flow, accountability, due process, and gives greater voice to those most directly affected by public policy. 9.7 Challenges to the principle of democracy and citizen participation  Inadequate and inappropriate international approaches in supporting democratic development. The delivery of international support is not always compatible with the national values of democracy.  Inability to establish and in some cases re-establish, the political infrastructures and ideologies that support sustainable democracy and participation of the people;  Inability by some democratic countries to enhance a self-nourishing relationship between authority, accountability and responsibility.  Electoral conflicts and political violence that reflect the problems of transition to democracy associated with managing elections and building institutions of competition that are widely accepted by winners and losers.  Political parties that have weak internal processes and lack internal democratic system and acrimonious inter-party relations and weak civil society involvement in the electoral cycle.  In some democratic societies, institutions that get involved in elections and other political processes exhibit weaknesses, for example, election management bodies that appear to lack capacity, public trust and in some cases legitimacy.  Poor political leadership resulting from disrespect for the constitution.  The lack of resolve by the democratic countries to empower important social economic actors that could mitigate against economic conditions such as the abject poverty, illiteracy, deprivation and hunger shocks.  Democratisation takes place in often still authoritarian environments that resist change, in countries with weak states that provide insufficient security to their 29  citizens, in countries with incomplete processes of nation-building, and in countries with poorly developed or skewed economies.  Lack of sufficient attention to the non-existent or poor economic and social infrastructure including the building of roads, railways, harbours and communication systems.  Inability by the democratic countries to achieve economic self-reliance and independence as a result of internal and external mismanagement of the economy. 9.8 Tasks i) Name and discuss indicators of democracy and participation of the people. ii) Assess the challenges faced in your county in the promotion of democracy and participation of the people. iii) Discuss the benefits of democracy and participation of the people. iv) Propose possible solutions to challenges faced in the promotion of democracy and participation of the people. 30 10. TOPIC TEN: GOOD GOVERNANCE AND INTEGRITY 10.1 Introduction The topic introduces the learners to the issue of good governance which incorporates accountability and transparency. It applies principles of good governance and integrity to Kenya. 10.2 Expected Learning Outcomes By the end of this unit, the learner should be able to: i. Explain the concepts of principles of governance, good governance and integrity. ii. Appreciate the benefits of good governance and integrity. iii. Share experiences on good governance and integrity in their respective organization. 10.3 Good governance  Governance is a process in which societies or organizations make their important decisions, determine whom to involve in the process and how to render them accountable. It is about how governments and other social organizations interact, how they relate with citizens and how decisions are taken and implemented. A legitimate state is founded on separation of powers, checks and balances and participation of citizens in political processes.  Good governance involves transparent and accountable management of human, natural, economic and financial resources for the purposes of equitable and sustainable development. It is also the process and behaviors that ensure an organization performs by achieving its intended purpose and conforms to all relevant laws, agreements and directions, and meets the expectations of the society.  Good governance ensures that the processes for the identification and delivery of goods and services are concrete in terms of being; a) Responsive to public needs and demands; b) Transparent in the allocation of resources; c) Equitable in the distribution of goods and services; d) Sustainable in exploitation of natural resources and opportunities; e) Public participation and accountability; f) Political stability and absence of violence; and g) Control of corruption. 10.4 Integrity  The word integrity is derived from the Latin ―integritas which literally means wholeness, soundness, oneness, completeness, uprightness etc. When applied in reference to human attributes, it refers to honesty, moral uprightness, purity, incorruptibility, goodness, sincerity, virtue and decency.  Integrity is the consistency between one’s values, words and action and includes soundness of moral principles and character, as shown by a person’s dealing with others. 31   Integrity could also be defined as the quality that enables a person to do the right thing at all times even when he is not being watched i.e. the quality of being honest and having strong moral principles … the condition of being whole and not divided.  Public sector integrity encompasses among others, pursuing wider moral principles in the public interest, such as justice, fairness, individual rights, equity, respect for human dignity, and pursuit of the common good.' Without this underlying moral purpose, integrity remain a nonstarter. 10.5 Qualities of a person of integrity According to General Leadership and Integrity Code set out under part II of the Leadership and Integrity Act, 2012, a person of integrity:  Observes the rule of law;  Promotes public interest at all times;  Takes personal responsibility for their actions and omissions;  Accountable and transparent in the discharge of duties;  Efficient and effective in their work;  Maintains high standards of professionalism;  Upholds high moral and ethical standards;  Take care of public property in their custody or possession;  Impartiality and objectivity in the discharge of duties;  Gives honest, accurate and impartial advice;  Conducts private affairs in a manner that maintains public confidence;  Does not engage in conflict of interest;  Maintains accurate records; and  Does not compel or coerce others to act wrongly or unlawfully. 10.6 Principles of good governance and integrity  Openness: strengthening and liberalizing communication policies to facilitate accessibility of the general public to the decisions of the government;  Participation: involvement and ownership by stakeholders – citizens, parliament, private sector, vulnerable groups, national and county governments, faith based organizations, community based organizations, civil society Organizations and media;  Fairness: all men and women have equal opportunities to improve or maintain their well- being;  Decency: rules are implemented without harming people;  Accountability: political actors are responsible for actions to the electorates; and  Efficiency: use of limited resources for greatest outputs and for public good. 10.7 Benefits of good governance and integrity i. Promotes community confidence People are more likely to have confidence in their organization/government if decisions are made in a transparent and accountable way. This helps people feel that their 32  organization/government will act in their interests, regardless of differing opinions. It also encourages governments to remember that they are acting on behalf of their community and helps them to understand the importance of having open and ethical processes which adhere to the law and stand up to scrutiny. ii. Leads to inclusive decisions Decisions informed by participation, openness, fairness decency, accountability and efficiency will generally reflect the broad interests of the community. This will be achieved through sharing of information and data which enables stakeholders to have an open and honest debate before a decision is made. iii. Helps organizations meet their legislative responsibilities If decision-making process is guided by principles of good governance, it is more likely that organizations will comply with the relevant legal requirements. iv. Supports ethical decision making Good governance creates an environment where leaders ask themselves “what is the right thing to do” when making decisions? Making choices and having to account for them in an open and transparent way encourages honest consideration of the choices facing those in the governance process. This is the case even when differing moral frameworks between individuals means that the answer to “what is the right thing to do” is not always the same. v. Other benefits of good governance include: Enhanced social economic development; reduced crime rate; political and social stability; increased investor confidence and lower cost of living. 10.8 Challenges to the realization of good governance and integrity  Weak policy, legal and institutional frameworks;  Corruption;  Lack of visionary and ethical leadership;  Impunity;  Political patronage;  Inadequate political will;  Breakdown/erosion/perversion of societal values and norms;  Tribalism, favoritism, nepotism and cronyism;  Misuse of discretionary power vested in individuals or offices; and  Weak civil society and public apathy. 10.9 Tasks i) Explain the concepts of good governance and integrity. ii) Share your experiences in accessing government services. iii) Assess the challenges of integrity in the civil service. iv) Suggest possible solutions to challenges to the realization of good governance and integrity. 33 TOPIC ELEVEN: EQUITY, EQUALITY, SOCIAL JUSTICE AND INCLUSIVENESS 11.1 Introduction This topic focuses on the values and principles of equity, equality, social justice and inclusiveness. It provides the definition of the concepts, the indicators, the benefits and the resultant challenges in their promotion. 11.2 Expected Learning Outcomes By the end of the topic, the learner should be able to: i. Explain the concepts of equity, equality, social justice and inclusiveness. ii. Identify the indicators, benefits and challenges on the realization of equity, equality, social justice and inclusiveness. iii. Appreciate the contribution of equity, equality, social justice and inclusiveness in the promotion of a just and inclusive society. 11.3 Equity  Equity refers to the quality of being fair and impartial and has attributes such as fairness, justice, impartiality and egalitarianism.  It is the quality of being reasonable and fair in all decisions and actions. In law, it is about natural justice and fair conduct. It detects biasness, favoritism and unjustified preference.  Equity is not always about treating everyone in the same way; it’s about treating people in such a way that the outcome for each person can be the same.  This means putting measures in place to support people achieve similar outcomes. Quality of outcome can be achieved by ensuring that everyone has access to resources and decision making and at the same time be recognized, valued and respected. 11.3.1 Indicators of equity  Reduced disparities in wage and incomes.  Comparable development in all regions.  Fair distribution of infrastructure among groups.  Social cohesion and harmony.  Fair distribution of resources.  Good governance. 11.3.2 Benefits of equity  Poverty reduction;  Reduced cases of marginalization;  Improved self-esteem;  Balanced economic growth;  Efficient and effective utilization of resources amongst others; 34  Social cohesion and harmony; and  Enhanced gender balance. 11.3.3 Challenges to achievement of equity  Bad governance.  Corruption and unethical behavior.  Ignorance on issues of equity.  Limited resources. 11.4 Equality  Equality exists where all people within a group have the same status in a certain respect. It includes equal rights under the law such as right to security and voting, freedom of speech, access to education, health care and other social securities.  It also includes equal opportunities and obligations.  Equality implies absence of social class or caste boundaries and the lack of unjustified discrimination motivated by an inalienable part of a person's identity. For example, gender, age, origin, caste or class, income or property, language, religion, convictions, opinions, health or disability must not result in unequal treatment under the law and should not reduce opportunities unjustifiably.  Equality is ensuring individuals or groups of individuals are treated fairly and equally and no less favourably.  Equality as a national value represents a common national interest in an equal society. 11.4.1 Indicators of equality  Equal access to opportunities and resources;  Equal treatment of citizens;  Equal opportunities in employment;  Involvement of all in decision making;  Inclusiveness in the society;  Balanced socio-economic development across regions; and  Equal representation at all levels of governance. 11.4.2 Benefits of equality  Fostering nationalism/ patriotism and the enhancement national unity;  Social economic, technological and  industrial development;  Individual development and self-fulfillment;  Social equality and responsibility;  Improved service delivery;  Improved standards of living 35   Reduced levels of crime and improved security. 11.4.3 Challenges to achieving equality  Inadequate financial and human resources;  Lack of political goodwill;  Corruption and unethical behavior;  Nepotism and tribalism;  Ignorance on the provisions of law;  Cultural/ religious barriers; and  Ethnic conflicts and tensions. 11.5 Social justice  Social justice refers to creating a society that is based on the principle of equality, where human rights and the dignity of every citizen are recognized.  It’s about a society which gives individuals fair treatment and a just share of the benefits of society. This includes access to education, health care, social security, labour rights, as well as a broader system of public services, progressive taxation, control of monopoly, encouragement of competition and regulation of markets to ensure fair distribution of wealth and equality of opportunity.  It also denotes the enjoyment of the rights that enhance the well-being of an individual in all aspects of their interaction with one another and promotes solidarity.  It also refers to philanthropy and other initiatives to address injustice and poverty.  It enables people to lead fulfilling lives and actively contribute to the development of their community. 11.6 Indicators of the realisation of social justice  Empowered citizens who can earn their own living;  A wage system that enables employees to afford a decent living;  Fair distribution of tax burden;  Subsidies on basic goods and services;  Enjoyment of public services for example health, education and infrastructure;  Support to the vulnerable members of the society such as the aged, persons living with disability and orphans among others; and  Empowerment of segments of society such as hawkers, pastoralists, artisans among others. 11.6.1 Benefits of social justice  Enhanced social cohesion;  Reduced political conflicts;  Improved living standards of individuals and communities; 36   Improved public confidence in the state; and  Sustainable national development. 11.6.2 Challenges to achieving social justice  Political differences and competition;  Legal impediments and challenges;  Limited resources;  Corruption and unethical behavior;  Ignorance to the provisions of the law; and  Poor governance and practices. 11.7 Inclusiveness  Inclusiveness refers to affording all people an opportunity to participate in activities that affect their lives including decision making.  It is a sense of belonging and feeling respected and valued for who one is. It engages each individual and makes him or her feel valued and is essential to the success of a group, an organization or a country.  Inclusiveness therefore means that every person has an opportunity to make his or her contribution to the society’s development agenda.  The process of inclusiveness engages each individual and makes people feel valued and essential to the success of a group or an organization.  In a society where there is inclusiveness, individuals’ function at full capacity, feel valued and included in the general mission of their society. 11.7.1 Indicators of inclusiveness  Involvement of all stakeholders in decision making.  Citizen participation in political processes.  Reduced feelings of marginalization among citizenry.  Enjoyment of public services by all citizens.  Balanced development across regions and groups. 11.7.2 Benefits of Inclusiveness  Creation of investor confidence;  Promotion of human capital that is necessary for socio-economic development;  Boosting of self-esteem and self-confidence in individuals;  Promotion of equitable distribution of resources;  Enhancement of cohesion and social harmony;  Promotion of public participation on national issues;  Promotion of sustainable development; and  Reduction on the levels of crime. 37 11.7.3 Challenges to achieving Inclusiveness  Corruption and unethical behavior;  Misplaced priorities of programmes, projects and activities;  Nepotism and tribalism;  Limited financial and human resources;  Lack of political goodwill;  Poor communication; and  Exclusion at societal, cultural, geographical, economic and political arena. 11.8 Tasks: i) Explain your individual roles in the promotion of equity, equality and inclusiveness. ii) Share examples of inequality and social injustices in your community. iii) Discuss indicators of Social Justice. 38 12. TOPIC TWELVE: NON-DISCRIMINATION 12.1 Introduction This unit discusses the concept of non-discrimination and its application to Kenya. It presents scenarios to compare discrimination and non-discrimination ad their impact on the society. 12.2 Expected Learning Outcomes By the end of the topic, the learner should be able to: i) Explain the concept of non discrimination. ii) Demonstrate the need for nondiscrimination policy. iii) Assess the challenges of implementing nondiscrimination policy in Kenya. 12.3 Non-discrimination  Refers to fairness in treating people without prejudice irrespective of their gender, ethnic, class, religious, race, geographical or even generational differences.  An act or policy of not engaging in discrimination. All decisions, programmes and activities whether by public or private institutions must avoid any form of discrimination whatsoever. 12.4 Forms of discrimination  Unequal access to public goods and services such as education and healthcare;  Discrimination in access to employment opportunities and unequal treatment at the work place;  Discrimination in land ownership exhibited through homelessness, housing, unsettled land claims and squatters;  Discrimination in access to security;  Unequal enjoyment of human rights; and  Exclusion in political participation and decision-making. 12.4.1 Causes of discrimination  Limited resources.  Ethnic prejudices/ stereotypes/ bias.  Cultural socialization.  Levels of education and exposure.  Geographical location.  Political affiliation. 12.4.2 Sources of discrimination  Gender;  Ethnicity/ race;  Education levels;  Social status; 39   Political persuasion;  Age;  Religion;  Marital status;  Language;  Geographical location. 12.5 Indicators of non- discrimination  Free expression of cultural values, language and practices by the members of the community;  Access by all to public goods and services;  Participation by all-in decision-making processes;  Access to opportunities for all;  Equitable distribution of resources;  Free association and interactions in public and social places;  Access to social justice; and  Equality. 12.5.1 Benefits of non-discrimination  Nationalism/patriotism and the enhancement of national unity;  Balanced development across all regions;  Respect for and development of Kenya’s rich and varied cultures;  Creation of an environment for exploitation of individual and group potential;  Motivation of citizens to participate in the national economic growth activities;  Political stability; and  Expression of free will. 12.6 Challenges to the realization of non-discrimination  Limited resources;  Lack of political goodwill;  Illiteracy and ignorance;  Deep seated religious, cultural beliefs and practices;  Corruption and unethical behaviour;  Tribalism, nepotism, favouritism; and  Radicalisation and terrorism. 12.7 Protection of the marginalized  Being marginalized refers to being separated from the rest of the society and not being involved in the affairs of the larger society. 40   Article 260 of the Constitution defines a ―marginalised group as a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the grounds in Article 27 (4).  Marginalization is a process by which individuals and groups are ignored or relegated to the sidelines of political debate, social negotiation and economic bargaining.  Homelessness, age, language, employment status, skill, ethnicity, race and religion are some of the basis that has historically been used to marginalize.  Marginalized groups tend to overlap; groups excluded in one arena, for example exclusion in the political arena, may lead to exclusion in other arenas such as in economic activities. 12.8 Who are the marginalized? In most societies, categories of marginalized persons include: -  Women;  Youth;  People living with disabilities;  Minority groups;  People living in agriculturally low potential areas;  The elderly;  People with low academic attainments;  People in the low-income bracket;  People suffering from terminally ill diseases; and  People living in arid and semi-arid regions. 12.8.1 Protection of the marginalized in Kenya  The Government has put in place requisite legislation for affirmative action programmes designed to ensure participation and representation of minorities and marginalized groups in governance and other spheres of life.  All persons are equal before the law and have the right to equal protection and benefit of the law. The consequence of this provision is that all Kenyans, regardless of their ethnic or social origin, race or other status, will be protected equally. The state and other persons shall not discriminate any person on the grounds of ethnicity, health or other social status.  In order to give full effect to the realization of the rights guaranteed under the Bill of Rights, the state has the obligation of taking legislative and other measures, including affirmative action and policies designed to redress any disadvantages suffered by individuals or groups because of past discrimination.  Parliament has enacted the requisite legislation for the institutionalization and operationalisation of non-discrimination and protection of the marginalised. The enactment of the National Cohesion and Integration Act, 2008 for example has advanced the actions of government in protecting the marginalized and advancing the principle of non-discrimination. 41   Other institutions that play a key role in militating against marginalization include: The Kenya National Commission on Human Rights, the Commission on Revenue Allocation, Ministry of Devolution and Planning and the Directorate of National Cohesion and National Values, among others. 12.8.2 Indicators of protection of the marginalized  Existence of special opportunities for the marginalized in educational and economic fields.  Access to employment opportunities for the marginalized.  Affirmative action and special programmes.  Existence of policies and legal framework(s) for enforcement. 12.8.3 Benefits realized from the protection of the Marginalized  Poverty reduction amongst marginalized persons, communities and regions.  Enhanced social cohesion.  Reduction of political conflicts.  Enhanced well-being of individuals and communities.  Proper utilization of national resources.  Enhanced national development.  Social inclusion.  National identity. 12.8.4 Challenges in protection of the marginalized  Natural or physical barriers to access to opportunities and resources.  Weak enforcement of legislation.  Corruption and unethical behaviour.  Limited resources.  Bad governance.  Tribalism.  Inadequate policy, legal and institutional frameworks that support protection of the marginalized. 12.9: Task Quiz: Imagine you have been appointed County Secretary in your County, discuss how you will deal with the issue of discrimination in the county. 42 13. TOPIC THIRTEEN: CHALLENGES AND STRATEGIES FOR THE PROMOTION OF NATIONAL VALUES AND PRINCIPLES OF GOVERNANCE 13.1 Introduction Topic discusses the opportunities that could facilitate the promotion of national values and principles of governance besides identifying the possible challenges in the promotion processes. 13.2 Expected Learning Outcomes By the end of the topic, the learner should be able to: i. Identify the existing opportunities for the promotion of national values and principles of governance. ii. Assess the challenges in the promotion of national values and principles of governance; iii. Propose strategies to address the existing challenges in the promotion of national values and principles of governance. 13.2 Challenges towards the promotion of national values This unit focuses on the challenges affecting the promotion of national values in the country. It also suggests measures that can be used to deal with the challenges. 13.2.1 Political challenges i. Impunity  Impunity remains an obstacle to the promotion of national values. There have been incidences where some individuals and groups have been found to engage in activities that are in complete disregard of the rule of law.