Documente Academic
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on Constitutional Review
FACILITATORS
MANUAL for Civic Education
Consultants
Gideon Ochanda Content Developer/Lead Consultant
Ngari Gituku Message Developer
Clara Momanyi Translation - English to Kiswahili
John Nyagah Illustrations
Lilian Ohayo Graphic Design and Layout
Acknowledgenemts 8
Section One
Institutional expectations 13
Section Two
Techniques 31
Section Three
Delivery Topics 63
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Foreword
W
hen the Committee of Experts (CoE) was tasked to unlock the process
that would ultimately pave way for a new constitution, its mandate
by extension included bequeathing Kenyans a long-drawn dream. It
is therefore incumbent upon every Kenyan to take note of the spirit and letter
espoused in the Proposed Constitution.
To appreciate the shift from old to new and acknowledge the adjustments to the
constitution Kenyans have hoped for over the years, it is necessary to make a quick
comparison between the current and the proposed law. Whereas in the current
Constitution sovereignty is placed on the Republic, thus limiting the rights of
individuals, in the proposed law, sovereignty belongs to the people. The benefits of
this shift guarantee that Kenyans will enjoy a wider range of rights once the new
law becomes effective.
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The structures of governance in the Proposed Constitution will take power closer
to the people and involve them in determining the course of their destiny whilst
providing for transparency as well as better checks and balances in the conduct of
public affairs. In addition, ownership of property, and the right to prosper and
benefit from one’s efforts has been streamlined in the proposed law. This will mark
the end of unfair distribution of wealth. Besides, both personal and communal
property are protected in the proposed law.
As opposed to the current Constitution, the proposed law provides for stronger
political parties with a national character and capacity to unite Kenyans. The new
law also contains provisions made for greater dialogue and participation of wananchi.
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T
his manual is meant to aid educators who have already been trained on its
use and are conversant with contents of the handbook and the Proposed
Constitution, as well as the process. It is intended to guide educators in
delivering civic education for the Proposed Constitution of Kenya, 2010.
The manual contains information on how to conduct civic education sessions. The
sessions are fitted in one day 5-hour schedule. However, the educators are advised to
use their discretion in managing time, especially when available time is more than
the 5 hours recommended. In the event that time is limited, the educator must be
able to repackage content to fit available time. The manual, therefore, has provided
tips on how to maximize on opportunities.
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communication techniques.
evaluation.
Section two deals with techniques of handling call-ins and invitation on short notice.
These techniques will equip educators who participate in fora a not necessarily
organized by them.
Section three contains delivery topics treated as sessions. The sessions correspond to
the curriculum topics and sub-topics.
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Acknowledgement
T
he Manual, Handbook and Curriculum on Civic Education on the Proposed
Constitution are the handiwork of team effort. It has definitely taken quite some
burning of midnight oil, thought and skill. The current look and tone of this
Handbook is indeed a fine mosaic of valuable expertise. I am therefore confident that the
content herein, will speak to all Kenyans, and inform them on the Proposed Constitution ahead
of the referendum.
For a great job done within record time, I wish to thank the Committee of Experts, specifically
Members Bobby Mkangi, Dr. Chaloka Beyani, Abdirashid Abdullahi and Prof. Christina
Murray, for both setting the tempo of this document, and finding time to moderate the content
thereof. Without the leadership and dedication of CoE’s Deputy Director in charge of Civic
Education, Mobilization and Outreach department (CMO), Veronica Nduva; Programme
Officer, Ida Rob; and all the CMO staff, this effort would not have borne such fruit. I applaud
the technical support offered by the legal drafters, Gad Awuonda, Peter Musyimi and Gicheru
Ndoria, who ensured the technical soundness and clarity of the document. Special gratitude
goes to Maureen Mhando for her dedicated and meticulous editing of all the civic education
reference materials.
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My special gratitude goes to the team of consultants who domesticated terms and kneaded
technical data to give the Handbook a wider value in the public arena. This team of men and
women worked tirelessly and in harmony, to bring to life CoE’s dream.
I am also indebted to the development partners and the Government Ministries who have
walked with the CoE and ultimately made it possible for the production of this Handbook.
In particular, I am thankful to the Coordination Liaison Office team, under the leadership of
Amb. Nana Effah-Apenteng, through which the various development partners contributed to
the UNDP-Kenya basket fund and the Ministry of Justice, for their invaluable contribution.
Thank you CoE members of staff, for without your dedicated efforts in your various
designations, this Handbook would not have seen the light of day.
A constitution is only made once in a lifetime! I urge Kenyans to participate with knowledge,
in the making of their Constitution.
Do:
uphold credibility and dignity that would enable you to command the respect of your audience.
disseminate accurate information and correct any erroneous notions promptly.
use simple and clear language ensuring you are audible to each of your trainees.
be sensitive to cultural values and beliefs while engaging in fair and balanced communication
activities that foster and encourage mutual understanding.
observe ground rules e.g. keeping your phone away during training sessions.
acknowledge effort and good work from your audience. This encourages participation.
give every trainee equal attention and space; be impartial.
engage trainees in an atmosphere where they will be comfortable.
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Do:
acknowledge sources and purposes of all information disseminated to the public.
protect confidential information where disclosure of information may affect the welfare of others.
keep time.
end sessions with breaks and fun activities.
Don’t:
use confidential information gained as a result of professional activities for personal benefit and do
not represent conflicting or competing interests.
receive undisclosed gifts or payments for professional services from other than from your employer.
guarantee results on issues beyond your capacity or authority.
do guesswork; seek clarification whenever in doubt of the content of your references.
dress provocatively or indecently.
address trainees anonymously; memorize some of their names if not all.
monopolize the show; make your sessions interactive.
use indecent jokes and examples.
personalize anything.
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Section One
Institutional expectations
Adult learning
Communication
Civic education
activities
Methodology
Evaluation
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1
Section one
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Activists-plunge into action for Blockers-think their ideas are the best
immediate results. They are driven to and will not allow others to share theirs.
act and believe that the end justifies the For them, there is nothing new anyway.
means. Know-it-all-give all the answers all the
Theorists-seek to fit everything into time and dominate.
existing paradigms of knowledge. They Individuals are not either one or the other.
provide the stuff that energize activists. The educator needs to be aware of the
personality types, how they can affect a
training event and how to utilize their
approaches and capabilities.
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Cobweb
Participants form a circle. One is given a
ball of string, yam or cord and is asked
to say their name, occupation,workshop
expectations and their likes or dislikes. Next,
they hold the end of the string and throw-
or pass the ball to another participant. The
Introductions receiver introduces themselves, then passes
Introductions are geared towards increasing the ball to another person.This goes on
the participants’ knowledge of each other. until all participants are interwoven into
This is important because a workshop a cobweb. The variation of this exercise
is composed of people from different involves disentangling the cobweb in the
backgrounds. However, introductions are reverse order in which it was formed.
also useful when learners know each other
but wish to probe deeper.
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Key Principles
In summary, the key principles to observe as an educator are:
Know the audience. What is their background? What are they
bringing into the learning situation?
Establish rapport.
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2
Section Two
Techniques
Specific Techniques
Activities
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2
Section Two
Specific techniques
In the end, the educator will be able to
determine the most appropriate method for
different audiences.
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• Introduction of topic: highlight major issues It allows for individual note taking.
to be covered. The learner does not feel invaded.
• Present lecture.
• Conclude by: The presenter maintains control.
- Summarizing main points of the lecture There is scope for use of visual and
- Providing references to audience for
audio-visual aids.
more information. Indicating topic for
next lecture. It enables the use of one specialist to
- Issuing handouts. reach a larger group of people.
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There is limited feedback to trainer from Proper time budgeting for content to be
audience. covered.
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Ensure that the visual aids are Determine topic and the need to use
appropriate. audio-visual aids.
Use locally available materials to make Test the materials in training site and
the aids. layout.
Study the materials thoroughly before
use.
Design objectives to be achieved and
tasks for participants.
Brief participants on topic.
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Design tasks for participants on the case. It can be presented in different forms.
Allow participants to go through the It is useful for discussing things about
case individually and/or in groups. ourselves in a non-threatening way.
Guide plenary discussion of issues from It can be created/composed.
the case.
Limitations of the Case Study Method
Summarise and de-brief.
It may not be representative of all the
Strengths of the Case Study Method relevant variables.
It is easy to relate to. It can be misinterpreted.
It is illustrative of reality. It can be personalized.
It triggers critical thinking. It is time consuming if long and
It contains lessons to learn. complicated.
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Examples of creative methods are: Role play refers to the use of short
drama; illustrative dramatic scenes exploring
a specific element.
song and dance;
drawing; Steps in Using a Role Play
sculptures and models; Choose relevant topic or theme.
games; Discuss the topic and develop a story
line and a short script.
stories and
Divide roles among group members.
role play.
Rehearse the play.
The role play should not last more than
10 minutes.
De-role and de-brief to return
characters to their real identities and
draw lessons.
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Advantages of Using the Role Play Disadvantages of Using the Role Play
It enhances memory. It is time consuming.
It enhances participation. It may sometimes fail to convey the
It is cheap. message if poorly planned and executed.
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Disadvantages
It can lead to conflict.
It can be misleading if not well de-
briefed and is time consuming.
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Group work refers to the groups will present their results to the
involvement of participants plenary and allow for reporting back.
organised in small groups to
discuss and prepare presentations Allow responses from the plenary
based on their discussion. Summarise the ideas presented.
Advantages
Steps in Using Group Work Enhances participation.
Determine tasks for each group and Allows the quieter participants to share.
instruct carefully.
Allows participants opportunity to
Divide participants into manageable practice and apply new knowledge.
groups (about 5-8 members is optimal).
Enables gathering of a cross-section of
Ensure appropriate spatial arrangements ideas.
for the group work and presentation.
Contributes to team building support
Give groups ample time to go through
from others and ice breaking. Has
tasks.
element of fun and is motivating.
Monitor the progress of groups and
Enables coverage of different topics
adjust time if necessary. Clarify how
simultaneously hence time saving.
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This means talking with learners about What did we just do?
what they experienced during the session.
What was the objective?
A review allows you to assess and reinforce
learning. It also allows learners to ask How did you feel about this
questions. It may include summarizing what session?
was said and drawing the groups’ attention
What did you learn?
to key points and issues. Ensure you review
any session that may seem to cause conflict. Do you still have any questions?
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explain the methodology to be used. varied training events shows the following
familiarise participants with one another are critical for the success of a session:
by including ice-breaking exercises.
Content
distribute workshop resources
Have thorough knowledge of the
to participants and assign them
subject.
responsibilities.
Deliver in a logical sequence.
explain and establish the boundaries and
norms. Preparation
Have resource materials ready.
The Session Carefully plan the introduction.
In the active execution of a session, Budget the time so the session is not
there is interaction between and among overloaded or under-loaded.
the following key elements: participants,
Plan participation.
facilitator, information, time and space
(indoor and outdoor and all that it contains). Plan time for questions and answers.
The delivery must therefore systematically
balance this interaction for achievement
of the session objectives. Experience from
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Ice -breakers: to break barriers and of gender dimensions and how they
make participants feel comfortable with affect our lives.
one another.
Games for fun.
Warm-ups: undertaken in the morning
Problem-solving games: to
to get participants prepared mentally
demonstrate approaches to tackling
and physically.
problems and what happens when a
Energizers: done as interludes group tries to do it together.
to sustain energy levels and break
Games for relaxation and
monotony.
meditation.
Communication games: to illustrate
Perception games and exercises:
aspects of communication.
to show how and why people look at and
Games for creativity: to bring out interpret things the way they do.
participants’ potentialities.
Games for conflict management:
Team building exercises: to create to reduce tensions and resolve
a sense of togetherness and eliminate disagreements.
unhealthy competition and conflict.
Games for evaluation: to provide
Gender sensitization games and feedback on the value of the training.
exercises: to make participants aware
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The delivery of the Proposed Constitution Prepare talking points and have them in
content will often be done in situations different small cards. The cards should
that educators will be invited to make be numbered, or use different colours for
presentations. Many of these situations each talking point card.
are characterised by limited time, little
Time each talking point to help you fit
knowledge of the audience, the event
in all talking points in the overall time
purpose, and the audience expectations. An
frame.
event of this nature requires the educator
to be extremely sensitive and careful about Always have with you all the resource
many things. material i.e. the Proposed Constitution,
the Hand Book, Manual and
Curriculum.
Use your presentations during your Introduce yourself very well. Who
self made-long time trainings as you are. Where you are from i.e. the
experiments, to help you in timing, appointing organization and what the
content catch up, interest of participants, organization does.
etc.
Acknowledge the invitation.
Do ‘dry-runs’ as part of practice.
Explain the purpose of your presence
Mind your body and physical frame.
Present a summary of what you want to
Get to the venue a little bit earlier present. This helps to raise anxiety and
than the actual time. It helps you to expectations of the audience. You can
acclimatize, build confidence, tidy up, use titles of the talking points to do this.
and makes the organizers at ease.
Get back to the talking points one after
the other.
Presentation
Know the amount of time given. Check on the time after every talking
point.
Quickly fill your mind frame/talking
notes to the time frame.
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Section Three
Delivery Topics
Introduction
Sessions
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3
Section Three
Session 1:
Introduction and Background Information
Session Objectives
To enable the participants warm up to
the session (s).
Objectives
To enable the educator build up
Introduce yourself and your intention.
participants’ expectations.
i. Give your name and title.
To enable the educator present the
ii. State why you are there. background to the core presentations.
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Objective - Conferences
- Commissions/committees
Identify the organs and describe the
process of the Proposed Constitution. - Parliament, etc.
Constitution making in Kenya – main
Connect the need for change to the
elements/landmarks (pre- colonial
constitutional history.
and colonial).
Indicate the weaknesses in the current
Independence Constitution
Constitution.
- Background
Outline what the process expects of - Main features/Provisions.
them. - Amendments.
Content The current Constitution
- Main provisions
The organs and their roles in the review
- Challenges
process.
- Need for change.
Meaning and importance of
Attempted reform processes.
Constitutions.
The current position
Constitution making processes i.e.
- The Proposed Constitution.
through
- Constituent Assemblies The purpose of this civic education.
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Objective Content
Explain the foundation and the The foundation of the Proposed
overall framework of the Proposed Constitution.
Constitution.
The set principles and what it
Explain the extent to which the proposes to achieve.
Proposed Constitution departs from The preamble, sovereignty,
the current Constitution. supremacy of the Constitution,
National Values.
Identify the potential benefits the
Proposed Constitution has for the The Republic.
people.
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Objective Objective
Explain citizenship and ways of Explain and describe what human
becoming a Kenyan citizen. rights are.
Explain how citizenship can be lost. State why human rights are important.
Explain how the bill of rights is applied,
State the rights and obligations of
implemented and enforced.
citizens.
Show the limitations to rights.
List the rights and fundamental
Content
freedoms provided in the Proposed
Prior citizenship status Constitution.
Birth Content
- Born of both or either of the parents
Definition of human rights.
who are citizens by birth.
- 8 year child of unknown parentage Importance of recognition of human
found in Kenya. rights.
Application.
Registration and criteria.
Implementation and enforcement.
Dual citizenship.
Limitations.
Rights of citizens.
Rights and fundamental freedoms
Obligations and responsibilities of citations.
citizens. National Human Rights Commission.
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Objective Objective
Appreciate land as property and define need and purpose of elections.
subject to property rights.
know election schedules.
Identify different land tenure/ownership
arrangements. know voter requirements.
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Objective Objective
Explain what political parties are. Describe and appreciate the overall
system of government, functions and
Outline the role of political parties.
structure.
Explain what is required of political
Describe the role of national
parties.
government and its structures.
Explain how political parties are
Explain the relationship between the
funded.
structures and the people.
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Objective Objective
Explain the purpose and need for two Explain and appreciate the
chambers of Parliament. composition and functions of the
Executive.
Identify the number, the processes and
the need for various categories and Explain and discuss the roles and
Players in the two Houses. occupancy of individual offices under
the Executive.
Illustrate the processes used by the two
chambers of Parliament. Content
Content Offices within the Executive.
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Objective Objective
Explain and discuss the principles of Discuss and explain the role of national
the judicial system. public service.
Describe the court system. explain the values and principles of
public service.
identify court Levels.
Content Content
Judicial functions/authority. Nature of public service.
The tribunals.
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Session 13: National Finance Session 14: Other Nat. Ins. Offices
Objective Objective
Identify the source of national Explain how constitutional and State offices
government revenue. are established and protected.
Explain the principles of Public Describe the functions of the Commissions
Finance. and Independent Offices.
Content
Content The Attorney General.
Sources of national government Director of Public Prosecutions.
revenue. National Security Services
The Consolidated Fund. Controller of Budget.
Auditor-General.
National annual estimates and
budget approval processes. Commissions
- Kenya National - Judicial Service.
Expenditure controls and audit.
Human Rights and - Revenue Allocation.
Equality. - Public Service.
- National Land. - Salaries and
- Independent Remuneration.
Electoral and - Teachers Service.
Boundaries. - National Police
- Parliamentary Service.
Service.
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Objective Objective
Explain the principles of devolution. Explain the establishment and nature
of the county assembly.
Explain the structures and functions of
the counties.
Explain election processes and how
Content
county positions are filled.
Composition of the assembly.
Content Qualifications for election.
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Objective Objective
Explain the establishment of the Explain the role of county public
county executive committee. service.
Identify the sources of finance for
Content counties.
Composition. Content
The county governor/deputy
governor. County staffing.
i) role Sources of county revenue.
ii) election
Share of the national revenue.
iii) vacancy/removal.
Management of county finance.
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Objective Objective
Identify areas of transition. Explain how the Constitution can be
amended in future.
Explain transition processes and
activities.
Content Content
Governance until 2012 elections. Meaning of amendments.
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Objective
Content
Definition of a referendum.
Difference between a referendum and
elections.
Conduct of the referendum.
Date of the referendum.
The polling process.
The promulgation of the Constitution if
‘Yes’.
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COMMITTEE OF EXPERTS ON CONSTITUTIONAL REVIEW
Delta House Waiyaki Way, Westlands
P.O. Box 8703 00200 Nairobi
Tel: 020 444 32 14/15/16, 252 7152; Fax: 020 444 32 11/ 252 6959
info@coekenya.go.ke
www.coekenya.go.ke