RAPID RESULTS INITIATIVE:
CONSTITUTION AND NATION
BUILDING
By: Prof. Amb. Maria Nzomo – Team Leader
Dr. Stephen Ochiel - Member
Prof. Tabitha K. Nganga - Member
Hon. Justice Nancy Baraza - Member
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INTRODUCTION
Nation building not only requires shared values,
aspirations, common language, symbols, and a
common historical narrative, but also:
 Common sense of loyalty and pride of belonging to
one geographical entity/state/country, such as Kenya.
 Common sense of identity and belonging that goes
beyond the more partial identities and less uniting
social identities based on gender, religion, ethnicity
etc.
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CONT’D.
 The Constitution of Kenya 2010 articulates and epitomizes our
shared national identity and citizenship both necessary for
nation building
 The Constitution provides a uniting and inclusive framework
that is meant to guide the process of nation building.
 It is not only a legal document, but also a moral and ethical
compass and anchor for nation-building.
 It is the pillar against which those in leadership should be
measured and judged.
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CONT’D.
 The sections of the constitution are the
key building blocks of nationalism & if
well implemented as envisioned by the
constitution, would effectively
contribute to the goal of nation-building
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THE PREAMBLE
 The Preamble summarizes the basic spirit,
philosophy, principles, values and national
goals of the Kenyan people.
 The Preamble affirms our aspirations as
Kenyan people and lays the basis for us to
chart a common destiny.
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CHAPTER 2: THE REPUBLIC
This chapter recognizes that Kenya is a sovereign,
multiparty democratic Republic/State founded on the
national Values and Principles, which are contained at
Article TEN (National Values and Principles of
Governance).
Article 10(2) outlines the basic national values that
include: patriotism, national unity, human dignity,
equity, equality, non-discrimination, inclusiveness,
human rights good governance integrity, transparency
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CONT’D.
 The chapter establishes the core values that
unite us as Kenyans.
 It recognizes the diversity of our cultural
heritage & our shared national aspirations
which are critical components of our identity
and basis for building national cohesion.
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CHAPTER 3: CITIZENSHIP
Citizenship denotes an identity that creates the link
between a person and a legally recognized State.
Possession of citizenship is normally associated with
the right to work, live and to fully participate in the
political, social & economic life of a given country.
Citizenship is embodied in the constitution, which
provides for both rights and duties
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CONT’D.
 Rights/ entitlements of citizens include the right to:
any document of registration or identification issued
by the State; right to enter, exit, remain in and reside
anywhere in Kenya; to fully participate in Kenya’s
political, social & economic life; own land and other
property in any part of the country; be elected and be
appointed to any public office.
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CONT’D.
 In Article 23 of the Kenya Citizenship and Immigration
Act of 2011, the duties of citizens are summarized as
follows: allegiance to the state and constitution,
obedience to the laws of Kenya, payment of taxes;
protection and conservation of the environment;
respect and promotion of the dignity and rights of
other persons; national integration and unity,
peaceful co-existence; and the values and principles
prescribed in the Constitution
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CHAPTER 4: BILL OF RIGHTS
The Bill of Rights is perhaps the most important chapter of
the Constitution as it spells out the fundamental &
inalienable rights and freedoms of the Kenyan people.
The Chapter underscores that the purpose of recognizing
and protecting human rights and fundamental freedoms is
to preserve the dignity of the individuals and communities
and to promote social justice and the realization of the
potential of all human beings.
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TYPES OF RIGHTS
 The chapter binds the state organs and all public
officers to have the duty to address the needs of
vulnerable groups within society.
 Citizens have the right to institute court proceedings
if a right or fundamental freedom in the bill of rights
has been denied or is being threatened.
 The Bill of Rights applies to all laws and binds all state
organs and all persons.
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TYPES OF RIGHTS
The Chapter recognizes all categories of rights:
 First generation rights-civil and political rights
 Second generation rights-socio-economic and
political rights
 Third generation rights-cultural/indigenous rights
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EQUALITY, EQUITY, AA
& NON- DISCRIMINATION
 Article 27 guarantees freedom from discrimination,
equality before the law & the right to equal
protection & equal benefit from the law & equal
enjoyment of all rights and fundamental freedoms
 Article 27(3) guarantees gender equality & 27(6 &8)
obligates the State to take legislative measures to
ensure gender equity via Affirmative Action (AA).
 Article 27(4& 5) forbids any form of discrimination
 Article 28 guarantees
respect
and protection
of
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human dignity of all which it recognizes as inherent.
SOCIAL & ECONOMIC RIGHTS
Article 43 guarantees a range of social and economic
rights of all citizens of Kenya, that include the
following the rights to:
 a) Health( including free emergency treatment for all)
 b) accessible & adequate housing & sanitation
 c) Food of acceptable quality
 d) clean, safe & adequate water
 e) Social Security f) Education
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PERSONS WITH DISABLILITIES
 Article 54 (1b) of the constitution of Kenya 2010
provides for the rights of persons with disabilities to
access educational institutions and facilities
integrated into society to the extent compatible with
the interests of the person.
 Further, groups such as women, persons living with
disabilities, children, the elderly, the youth, the
minorities among others are guaranteed their rights.
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MINORITIES &
MARGINALIZED GROUPS
 Article 56 of the constitution obliges the State to:
 put in place AA programs for the minorities and
marginalized groups.
 provide special opportunities in education and
economic fields.
 Provide special opportunities for access to
employment and to develop their cultural values,
languages and practices.
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THE RIGHTS OF YOUTH
Article 55 of the Constitution of Kenya 2010 states that
“The State shall take measures, including AA
programs, to ensure that the youth :
 Access relevant education and training;
 Have opportunities to associate, be represented and
participate in political, social, economic and other
spheres of life;
 Access to employment and protection from harmful
cultural practices
and exploitation.
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OLDER PERSONS’ RIGHTS
 Article 57 recognizes rights of older members of
society and obligates the state to take measures to
ensure that they participate in the affairs of society,
pursue personal development, live in dignity, respect
and free from abuse and neglect.
 Similarly, Article 43(3) obligates the State to: “provide
appropriate social security to persons who are unable
to support themselves and their dependants.”
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CHAPTER 6: LEADERSHIP
& INTEGRITY
 This chapter is tailored on and assumes the upholding
of national values and principles as outlined in article
10.
 The basic principles of leadership and integrity are
clearly spelled out at Article 73 (2)of the 2010
Constitution. They include: personal integrity,
honesty, competence, objectivity, impartiality,
selfless service, accountability, discipline &
commitment in public service.
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ROLE OF UNIVERSITY OF
NAIROBI IN NATION BUILDING
 The University of Nairobi is a microcosm of the
Kenyan State and the society.
 The University of Nairobi stands in a strategic and
influential position to lead the country in
implementing provisions of the constitution that
relate to nation-building
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UON & NATION BUILDING
 In this regard, it is important to note that National
ROLE OF UNIVERSITY OF
Values and
Principles
as outlined
in the Constitution
NAIROBI
IN NATION
BUILDING
are in many ways similar to the Values and Principles
of Governance of the University Of Nairobi (UoN)
e.g. the 2013 UoN Charter and the Strategic Plan 20132018.
 The University of Nairobi is indeed awesome in terms
of size, history but also wealth.
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NATIONAL VALUES & PRINCIPLES
 Need to mainstream and institutionalize national
values & principles in our teaching curricula, as a
means for developing a common identity based on
shared values.
 Identify, select and utilize the best out of our
multiculturalism to build a strong UoN culture and
ethos that that mirrors our Kenyaness.
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UON: OUR COMMON HERITAGE
 Understand & internalize the historical symbols,
milestones and the historical significance of the UoN
to create a sense of pride & shared identity. E.g.
significance of names such as, the Gandhi Wing, the
‘Box’, Stella Awinja Hostels etc.
 Develop a sense of ownership and desire not only to
utilize but also protect the resources of the University
of Nairobi
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NATIONAL VALUES&PRINCIPLES
ON SYMBOLS
 Encourage NATIONAL
and develop
the spirit
of patriotism
VALUES
& PRINCIPLES
through the use of symbols to develop an identity.
 Examples of these symbols include the UON Emblem,
Colors, Motto (Unitate te labore), fountain of
knowledge, e.t.c
 Have a university wide compulsory program during
orientation of new students to introduce them to the
UoN’s commonISO
heritage
&25culture.
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NATIONAL VALUES & PRINCIPLES
ON EDUCATION
 UON can make institutionalize the teaching of NVP in
all our Curricula, especially in the Common
Undergraduate Courses.
 Create a regular platform through which UON
Community can learn the Constitution and help them
internalize it especially the National Values and
Principles.
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ON CITIZENSHIP
 In implementing citizenship, the UON should not
focus on excelling in claiming rights/ entitlements, but
rather in fulfilling our obligations as citizens.
 In assessing the extent to which as a university
community we have complied with requirements of
good citizenship, we need to take a closer look at our
performance in enforcing our own policies on good
corporate governance and social responsibility
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CITIZENSHIP (contd.)
 In so doing, we need to critically assess our
performance for example,
in respect to our
ON CITIZENSHIP
objectivity and impartiality in decision making, in a
manner devoid of nepotism, favouritism and other
improper motives or corrupt practices.
 We need to strengthen the existing mechanisms and
perhaps create an objective & overarching oversight
organ that regularly monitors & evaluates our
performance in this regard
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CITIZENSHIP: Mentoring &
Community Service
 How many of us engage in mentoring students
beyond the class room, so that they can be both
competent professionals and good future leaders of
this country?
 If we do, is out of our own volition or part our official
work?
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ON EQUALITY, AA & NONDISCRIMINATION
 To the credit of the UON on the principles of equality
and non-discrimination, its policy documents
including the Charter, the current Strategic Plan, as
well as the Gender Policy document, all underscore
the importance of equality and non-discrimination.
 Significant efforts have also been made to comply
with the AA principle in respect to admissions of
female students to the university.
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EQUALITY, AA & NON-DISCRIMINATION
 However, in respect to the composition of UON
management and decision-making structures,
especially at top management levels is not optimal.
 Furthermore, patriarchal cultural values that
undermine the goal of gender equality and nondiscrimination remain & needs to be addressed
through regular sensitization of the University
Community on gender relations, rights & obligations.
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ECONOMIC RIGHTS
 The University needs to establish viable and
institutionalized links with industry for internships,
exchange programs to gain experience. These should
be mainstreamed in the curriculum.
 The University needs to establish, institutionalize and
nurture incubation centers through which students
can develop entrepreneurial skills.
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RIGHT TO LIVELIHOOD & HOUSING
The University of Nairobi can help implement
this constitutional provision through:
 Increased research into drought resistant
crops, high yielding crops and animals,
intensifying production from its agricultural
firms and so on.
 Food for Work Programs for under privileged
students.
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RIGHT TO LIVELIHOOD & HOUSING
 The UoN can help the realization of this constitutional
right by entering into partnership with the private
sector to build cheap high-rise apartments for use by
these students.
 Institutionalize graduate teaching assistantship and
tutorial fellowships to assist needy students to study
& earn a livelihood.
 Revise academic curriculum to make them industry
oriented and geared towards entrepreneurship.
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RIGHT TO HEALTH
 The University of Nairobi as the biggest trainer of
medical staff has a huge role in the implementation of
the right to health provision of the constitution.
 Increase the production of quality medical
practitioners.
 Need to continue to strengthen the healthcare
facilities and efficiency in healthcare provisioning, to
ensure every member of its community access &
enjoy the right to quality healthcare.
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PERSONS LIVING WITH
DISABILITIES
 Need to create proper infrastructure to facilitate
movement and learning for persons with disability.
 Most of the buildings in the university are not
accessible to those with physical challenges.
 The University needs to ensure it has Braille and other
facilities’ in all its colleges as a matter of right for
these people.
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VULNERABLE/ DESTITUTE
STUDENTS
 The University can help contribute to nation building
by intensifying research into best practices of social
protection for the various vulnerable students.
 The University should put in place, policy
mechanisms to source for bursaries, scholarships
and other work programs so that no student is
denied this basic right due to lack of fees.
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GOVERNANCE & MANAGEMENT
 UoN Management at all levels should be fully
compliant with Article 10 & Chapter 6 of the
Constitution.
 Within the framework of the UoN Anti Corruption
Policy, there’s a concerted effort to ensure that at
every level of administration, there is an active anticorruption Unit. But having policies & mechanisms is
only a first step on the challenging journey of
rooting out corruption.
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GOVERNANCE & MANAGEMENT
 With respect to students exam cheating in the University,
proven cases have led to students being expelled from the
University. But there seems to be no mechanism for mechanism
who may collude with students
 To underscore its commitment with respect to combat
plagiarism, UON has put in place an Intellectual Property (IP)
Policy & secured a software for detecting plagiarism
 There is a need to create an equal platform of sharing of rights
and obligations between and across hierarchies of management
administration/Management/decision making/support staff, in
order to enhance the cohesiveness in imparting the core values
of the University.
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CONSERVING
THE ENVIRONMENT
 Develop of a university culture of environmental
conservation ,e.g. picking trash and putting it in the
garbage bin as we walk around the University?
 Tree-planting and related activities should become a
regular feature of UON Activities
 UON need to strengthen the Wangari Maathai
Institute, to become a centre of excellence on
environmental research, e.g. energy saving
innovations
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