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CONSTITUTION & GOVERNANCE
TOPIC – INTRODUCTION AND
OVERVIEW OF THE CONSTITUTION
(LESSON 1)
PREPARED BY: MR. E. O. OMANGA
www.businessclinic.co.ke
Definition
What is a constitution?
A national constitution is a set of values and institutions
which form the fundamental framework for the
organization and operation of the government in the
country
www.businessclinic.co.ke
Importance
Modern states cannot function without a
constitution discuss?
 It establishes authority and institutions for running of the
country
 It limits on the powers of the government
 It makes the government accountable to its citizens
 It defines democracy and the rights of its people
 The unity, stability and prosperity of the country depends
largely on the constitutionwww.businessclinic.co.ke
Major components of a
constitution
State
Citizens
Institutions
Rules
Values
www.businessclinic.co.ke
Phases of constitution making
process
 In some societies there may be no formal
methods of making rules.
 Rules may amount to understandings that
have developed among members of
society on matters that are essential to
their living together.
 These rules would vary from one
community to another depending on the
mode of existence i.e pastoralist
www.businessclinic.co.ke
Phases of constitution making
process cont’d
 On some matters the whole community
would make decisions, others would be left
to a smaller group perhaps the elders.
 Rules are based on understanding and
knowledge, in most cases reflecting the
culture and morals of the community.
www.businessclinic.co.ke
Phases of constitution making
process cont’d
As geographical scale of the society expands or
society becomes more complex, there arises the
need for more formal understanding on how it
should be organized.
 Who makes the rules
 Who decides disputes
 Who defends the community
“These rules we call the constitution.”
www.businessclinic.co.ke
Relationship
State • Institutions
Citizens • Values
Commu
-nities
• Resources
Constitution
www.businessclinic.co.ke
Conclusion
Over time societies are kept together by values, rules and
Institution.
They have principles to decide who has the power to make
and enforce rules and guidelines that govern relationships
within the society.
The constitution would define the relationship between the
state and the communities.
www.businessclinic.co.ke
Conclusion cont’d
There would usually be rules for the distribution of
resources and the protection of property and other
entitlement.
Disputes are inevitable and effective methods of
resolving them are essential if the community is to
survive.
Since few societies are completely self contained, there
may be rules governing the relations between society
with other groups, including trade.
www.businessclinic.co.ke
Conclusion cont’d
 The constitution has the status of a law and is usually
thought as the ‘supreme law ’
 Modern constitutions do more than set up a system
of government and dispute resolutions.
 They talk about the people and their rights
 They set guidelines for proper behavior for rulers
 They set guidelines for government policy
 They limit what governments may do
www.businessclinic.co.ke
END OF SLIDE SHOW
THANK YOU
www.businessclinic.co.ke

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Introduction to Kenya's Constitution

  • 1. CONSTITUTION & GOVERNANCE TOPIC – INTRODUCTION AND OVERVIEW OF THE CONSTITUTION (LESSON 1) PREPARED BY: MR. E. O. OMANGA www.businessclinic.co.ke
  • 2. Definition What is a constitution? A national constitution is a set of values and institutions which form the fundamental framework for the organization and operation of the government in the country www.businessclinic.co.ke
  • 3. Importance Modern states cannot function without a constitution discuss?  It establishes authority and institutions for running of the country  It limits on the powers of the government  It makes the government accountable to its citizens  It defines democracy and the rights of its people  The unity, stability and prosperity of the country depends largely on the constitutionwww.businessclinic.co.ke
  • 4. Major components of a constitution State Citizens Institutions Rules Values www.businessclinic.co.ke
  • 5. Phases of constitution making process  In some societies there may be no formal methods of making rules.  Rules may amount to understandings that have developed among members of society on matters that are essential to their living together.  These rules would vary from one community to another depending on the mode of existence i.e pastoralist www.businessclinic.co.ke
  • 6. Phases of constitution making process cont’d  On some matters the whole community would make decisions, others would be left to a smaller group perhaps the elders.  Rules are based on understanding and knowledge, in most cases reflecting the culture and morals of the community. www.businessclinic.co.ke
  • 7. Phases of constitution making process cont’d As geographical scale of the society expands or society becomes more complex, there arises the need for more formal understanding on how it should be organized.  Who makes the rules  Who decides disputes  Who defends the community “These rules we call the constitution.” www.businessclinic.co.ke
  • 8. Relationship State • Institutions Citizens • Values Commu -nities • Resources Constitution www.businessclinic.co.ke
  • 9. Conclusion Over time societies are kept together by values, rules and Institution. They have principles to decide who has the power to make and enforce rules and guidelines that govern relationships within the society. The constitution would define the relationship between the state and the communities. www.businessclinic.co.ke
  • 10. Conclusion cont’d There would usually be rules for the distribution of resources and the protection of property and other entitlement. Disputes are inevitable and effective methods of resolving them are essential if the community is to survive. Since few societies are completely self contained, there may be rules governing the relations between society with other groups, including trade. www.businessclinic.co.ke
  • 11. Conclusion cont’d  The constitution has the status of a law and is usually thought as the ‘supreme law ’  Modern constitutions do more than set up a system of government and dispute resolutions.  They talk about the people and their rights  They set guidelines for proper behavior for rulers  They set guidelines for government policy  They limit what governments may do www.businessclinic.co.ke
  • 12. END OF SLIDE SHOW THANK YOU www.businessclinic.co.ke