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Understanding Kenyan Citizenship Rights

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0% found this document useful (0 votes)
11 views18 pages

Understanding Kenyan Citizenship Rights

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Uploaded by

vkoech
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

CITIZENSHIP

Specific objectives

By the end of the topic, the learner should be able to:


1. State ways of becoming a Kenyan citizen.
2. Explain how Kenyan citizenship can be revoked.
3. State the rights and responsibilities of a Kenyan citizen.
4. Discuss the values of good citizenship

 Citizenship is a legal right of a person belonging to a particular country.


Ways of becoming a Kenyan citizen
There are two ways: Birth and Registration.

1) Citizenship by Birth
This is acquired under the following conditions:

1. If the father or mother was / is a Kenyan citizen on the day of birth of the child.
2. A child gauged to be below eight years and whose nationality or parentage is not known.
3. A Kenyan citizen by birth but had lost citizenship by acquiring another country’s citizenship.

2) Citizenship by Registration
One can apply to become a Kenyan citizen under the any of the following conditions:

This is acquired under the following conditions:


1. A person who has been married to a Kenyan citizen for at least seven years.
2. A person who has lawfully resided in Kenya continuously for at least seven years.
3. A non-Kenyan child who has been adopted by a Kenyan citizen.
Reasons for revocation of citizenship by registration
1. If the person registered has been convicted of treason or an offence whose penalty is at least seven
year imprisonment.

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2. During war, he or she may have sold out Kenya’s secrets or even assisted the enemy.
3. If one is imprisoned for three years or more within the 1st five years after registration.
4. If the registration is fake or obtained through unfair means.
Reasons why Kenyan citizenship by birth may be revoked
1. If citizenship was acquired through fraud or false representation.
2. If it is discovered that the person was eight years and above, when found in Kenya.
3. If the nationality or parenthood of the person becomes known and reveals that he was a citizen of
another country.
Rights of a citizen
Rights are powers of free action by man.
They are legal claims that universally belong to all people from the time they are born regardless of their
place of origin, sex, tribe, age, political affiliations or beliefs.
The rights and freedoms of a citizen
1. Right to life
2. Right to equality and freedom from discrimination.
3. Right to Human dignity.
4. Right to freedom and security of the person.
5. Right to freedom from slavery, servitude and forced labour.
6. Right to privacy.
7. Right to freedom from conscience, religion, belief and opinion.
8. Right to expression.
9. Right to freedom of the media.
10. Right to access information.
11. Right to freedom of association.
12. Right to political rights.
13. Right to assembly, demonstration, picketing and petition.
14. Right to freedom of movement and residence.
15. Right to protection right to property.
16. Right to clean and healthy environment.
17. Right to economic and social rights.
18. Right to language and culture.

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19. Right to freedom to found or start a family.
20. Right to consumer rights.
21. Right to fair administrative action.
22. Rights of arrested persons.
23. Right to fair hearing
24. Rights of persons detained, held in custody or imprisoned.
25. Right to fair labour practices.
26. Right to access justice

NB/ The social rights of a Kenyan citizen include:

1. Right to health care services which are of reasonable standards.


2. Right to housing facilities which are accessible and adequate.
3. Right to have adequate food which is of acceptable quality.
4. Right to regular supply of water which is clean and safe.
5. Right to appropriate social security to persons who are unable to support themselves and their
dependents.
6. Right to accessible formal education in order to promote literacy.
7. Right to embrace culture / language of one’s choice regardless of his/her background.
8. Right to clean environment / sanitation which is free from pollution.

1. Right to life, which guarantees that all people have a right to live from the time of conception.

Conditions under which it can be taken away


1. When defending one’s life or country and property against violent attack or during war.
2. When the life of law enforcement officer is in danger when apprehending criminals.
3. Abortion can be done under emergency treatment or if the life of the mother is in danger based on
opinion of a trained health professional.
4. Mercy killing, where a person may be killed to bring his/her pain to an end.
5. If one is found guilty of an offence punishable by death, for example murder, treason and robbery
with violence.
6. When law enforcement officers are preventing the escape of lawfully detained person.

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7. When the police are preventing a person from committing a crime.
8. When law enforcement officers are suppressing a riot / rebellion / mutiny.

2. Right to Human dignity

This guarantees every individual’s dignity to be respected and protected. Ridicule and embarrassment
of a person is unlawful.

3. Freedom of expression, which guarantees all Kenyans the freedom to seek, receive or impart
information.
Can be deprived when:
1. If one makes untrue or malicious utterances about another (defaming).
2. If one publishes seditious documents or reveals governments secretes.
3. If one incites others against the government or other people.
4. Commenting on matters that are already in court.
5. When one publishes pornographic material.

4. Freedom of Association, which provides all the citizens the freedom to form, join or participate in
activities of an association of any kind.
Can be deprived when
1. When one is a convicted criminal.
2. A suspected criminal and in custody.
3. When maintaining law and order.
4. Controlling the spread of a contagious disease.
5. During curfew or state of emergency.
6. When one is of unsound mind.
5. Freedom of conscience, religion, belief and opinion, which gives a citizen the freedom to
manifest any religion or belief through warship, practice, teaching or observance, including the day
of worship.
Can be deprived when:
1. If it is being used to cause hatred among people.
2. If the religion is not registered.

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3. If it is going or teaching against humanity and African norms.
4. Devil worshipping is not allowed.

6. Right to clean and healthy environment, which guarantees a citizen the responsibility to ensure
that our environment is clean.
7. Right to language and culture, which guarantees a citizen the freedom to use the language, and to
embrace the culture of his choice.
8. Right to family, which guarantees an adult with the freedom to marry a person of the opposite sex.
9. Right to assembly, demonstration, picketing and petition
Freedom to assemble and participate in peaceful demonstration and even present petitions to
public authorities.
But the demonstrators should not interfere with the peace of the others
10. Political Rights
The rights enable us to make political choices like forming and joining political parties.
11. Freedom of the media
This is the print and electronic media.
Media owners and those who work for the media, have the freedom to operate without being
paralyzed for their opinion.
Can be deprived when:
1. One is not allowed to incite others to violence / hate speech.
2. No one is allowed to publish obscene information / pornography.
3. No one is allowed to reveal state secrets / confidential information.
4. No one is allowed to spread false information / rumours / defamation.
5. Wrongful access to information / hacking classified information.
12. Access to information
This gives all individuals a right to access information held by the state and others, which affect
the nation.
13. Protection of Right to property
A citizen can own property individually or as a group anywhere in Kenya.
Can be deprived when:
1. If the property is illegally acquired.

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2. In need for use by the government/public, for example, the construction of a road.
3. Administrative intervention, for example, distributing to the neglected like children.
4. When one defaults to pay debts like a loan.

14. Right to fair labour practices


This gives the workers the freedom to enjoy fair remuneration, reasonable working-conditions,
join or participate in trade union activities and right to go on strike.
15. Freedom of movement and residence
This gives an individual the freedom to move and reside anywhere in the country.

Can be deprived when:


1. Areas of state security like state house.
2. Private farms.
3. During state of emergency / curfew.
4. During crisis, an area can be declared a no-go zone.
5. By the government to compel one to attend court proceedings.
6. When transferring suspected person to another country (deporting a suspect).
7. Controlling spread of a disease.
8. When one is a minor.
9. When one is a Vagrant.

16. Freedom from slavery, Servitude and forced labour


This right gives an individual the freedom not be held as a slave or perform forced labour.

Can be deprived when:


1. One is convict.
2. One is a culprit / court order or sentence.
3. Paying for goods or services.
4. As part of communal or civil commitments.
5. Under lawful detention, he may be asked to clean his environment.
6. Members of armed forces, in the course of their duty.

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7. During war.

17. Right to Privacy


This guarantees an individual the right not to have himself, herself, his or her home or property
searched, or his or her possession seized.
Information pertaining one’s family or private life should not be revealed unnecessarily, or private
communication interfered with.
Can be deprived when:
1. One is of unsound mind.
2. Drug addict.
3. One has an infectious disease.
4. One is suspected to have committed, about to commit, or caught committing an offence.
5. Court of law orders for one to be held in custody.
6. One is a minor / under 18 years.
7. If one is a vagrant.
8. If one is a convicted criminal.
9. To prevent illegal entry of persons in to Kenya.

18. Freedom and security of the person


This guarantees an individual the right to protection from being detained without a good reason and
without trial, and from being subjected to physical or psychological torture, corporal punishment or
cruel and inhuman treatment.

Can be deprived when:


1. Religious law takes course like Sharia for Islam
2. Customary law takes course like traditional / cultural
19. Equality and freedom from discrimination
This gives an individual the freedom not to be discriminated on whatever ground. All persons are
equal before the law.
20. Economic and social rights

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Include Right to health care services, Accessible and adequate housing, freedom from hunger, clean
and safe water, social security and education.
21. Consumer rights
Consumers have a right to reasonable-quality goods and services, and information to enable them
gain from it, right to protection of their health, safety and money, and compensation in case of loss or
injury arising from use of products with defects.
22. Fair administrative action
This is the right to efficient, lawful, reasonable and procedurally fair administrative action.
23. Access to justice
A reasonable fee will be charged, if required for judicial justice.
Sheltering criminals, bribing law enforcers, aiding a criminal from arrest, concealing criminal acts,
and lying to help culprits to evade punishment are acts against this right.
24. Rights to arrested persons
1. The arrested should be informed in a language he understands of the reason for his arrest.
2. To remain silent and be informed of the consequences of remaining silent.
3. Right to get legal assistance from a lawyer.
4. Right to refuse to be forced to make a confession or admission before a trial as this could
be used against the person.
5. Right to be held separately from persons serving jail terms.
6. Right to be brought before court of law within 24 hours after arrest.
7. Right to be informed of the charges one is facing.
8. Right to be released on bond or bail pending trial unless there are good reasons for refusal
to be released.
9. Right not to be remanded in custody for an offence that is punishable by a fine only or by
prison term not exceeding six months.
25. Fair hearing for an accused person
1. One is innocent until proven otherwise.
2. Have adequate time and facilities to prepare a defense.
3. To be informed of the charges that he is facing.
4. To be personally present when being tried.
5. To be represented by an advocate and to be informed of this right immediately.

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6. To remain silent and not to testify during the proceedings.
7. To be informed in advance, of the evidence the prosecution intends to present, and to have
reasonable access to the evidence.
8. To challenge the evidence being used against him/her.
9. To refuse to give self-incriminating evidence.
10. To have the assistance of an interpreter if the accused person cannot understand the
language used at the trial.
11. To have trial begin and concluded in the shortest time possible.
12. If convicted, to appeal to, or appeal for review by a higher court.
13. Right to remain silent when being tried and not be forced to testify.

26. Rights of persons detained, held in custody or imprisoned


This person retains all the rights contained in the Bill of Rights except those that are impractical
under the circumstances.
This individual has a right to an order of habeas corpus (a suspect should not be detained beyond a
certain given time before being sentenced by court of law).
He should be treated in humane manner

Responsibilities of citizens of Kenya


1. To participate in all democratic process in the country like elections and referendum to ensure good
governance.
2. Should contribute positively one’s views on issues affecting the community like taking part in
debates.
3. Promoting rule of law by report law breakers and those intending to break the law to the police.
4. To promote and protect the rights and freedoms of all people in the society for harmonious co-
existence.
5. Maintaining high moral and ethical standards in the society, fighting corruption or promoting
proper utilization of resources for all and not telling lies.
6. Participating in community development activities to improve the welfare of the people in the
community.
7. Paying tax to the government to ensure smooth financial operations.

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8. To contribute to positive development of the country through hard work, regardless of the work
one is doing.
9. Ensuring proper use of public and private facilities and property or taking care of the environment
for a healthy living.
10. Being mindful of other people’s welfare, like helping the disabled, the aged, visitors, the children
and the less fortunate in the society.
Values of a good citizen
1. Being patriotic, thus to volunteer for a national cause like helping the country in times of war,
hunger walks.
2. Upholding national unity by participating in activities to preach peace.
3. Participating in democratic process either being elected or voting.
4. Maintain and protect human dignity, by respecting others like not abusing them, not undressing them
in public.
5. Respect of social justice like protecting the environment, protest against grabbing of public land.
6. Inclusiveness in the society like supporting the whole community being consulted on issues that
affect them in prioritizing projects.
7. One should promote equality of all citizens, as all members of the society should be given equal
chances in economic, social and political opportunities.
8. Respect of human rights, which also includes fighting for others rights who cannot fight for their
own.
9. Support good governance by paying taxes to finance activities for the benefit of all.
10. High level of integrity, thus desisting from corrupt practices.
11. Support the government by taking part in projects that ensure sustainable development in the
country.
12. A good citizen should help to enhance transparency and accountability in the society, thus being
responsible and accountable for their actions whether they are in the public or private sector.

Revision questions
1. Define ‘citizenship’.
2. Identify two types of citizenship accepted by Kenyan law.
3. Give two ways by which one can become a Kenyan citizen.

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4. Give conditions for the two ways above.
5. Give reasons why a Kenyan citizenship may be revoked.
6. What are the responsibilities of a good citizen in Kenya?
7. Explain the importance of being a good citizen in Kenya.
8. What are the values of good citizenship?
9. Identify the rights of a Kenyan citizen.
10. Under what conditions can a Kenyan citizen be deprived of the following rights:
(a) Right to life.
(b) Freedom of expression.
(c) Freedom of association.
(d) Freedom of conscience, religion, belief and opinion.
(e) Freedom of the media.
(f) Protection of right to property.
(g) Freedom of movement and residence.
(h) Freedom from slavery, servitude and forced labour.
(i) Right to privacy.
(j) Freedom and security of the person.
(k) Right to equality and freedom from discrimination.
11. What are rights of an arrested person in Kenya?
12. What are the rights of an accused person in Kenya?
13. What are the rights of a person detained, held in custody or imprisoned according to the Kenyan
law?
14. Define ‘citizenship’.
15. Identify two types of citizenship accepted by Kenyan law.
16. Give two ways by which one can become a Kenyan citizen.
17. Give conditions for the two ways above.
18. Give reasons why a Kenyan citizenship may be revoked.
19. What are the responsibilities of a good citizen in Kenya?
20. Explain the importance of being a good citizen in Kenya.
21. What are the values of good citizenship?
22. Identify the rights of a Kenyan citizen.

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23. Under what conditions can a Kenyan citizen be deprived of the following rights:
(l) Right to life.
(m) Freedom of expression.
(n) Freedom of association.
(o) Freedom of conscience, religion, belief and opinion.
(p) Freedom of the media.
(q) Protection of right to property.
(r) Freedom of movement and residence.
(s) Freedom from slavery, servitude and forced labour.
(t) Right to privacy.
(u) Freedom and security of the person.
(v) Right to equality and freedom from discrimination.
24. What are rights of an arrested person in Kenya?
25. What are the rights of an accused person in Kenya?
26. What are the rights of a person detained, held in custody or imprisoned according to the Kenyan
law?

NATIONAL INTEGRATION
Specific objectives

By the end of the topic, the learner should be able to:


1. Explain the meaning and importance of national integration.
2. Describe the factors promoting and limiting national unity.
3. Describe the process of resolving conflict.

National integration is the process of bringing together people of diverse backgrounds in a country.
It leads to National Unity.
Importance of national integration

1. It promotes rapid social and economic development in a country / enables people to develop a
country.

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2. It promotes peaceful co-existence of different ethnic groups and races in a country.
3. It helps a country to develop a sense of national direction with the national goals being
communicated through the spirit of national integration.
4. It enhances easier and more efficient way of communication through the spirit of togetherness.

National unity
This is the state of being together to form one nation, inspite of the differences in various communities

Factors that promote national unity in Kenya


1. The unitary constitution provides for equality of all Kenyans before the law.
2. One government which is recognized by all Kenyans and thus, runs the affairs of the country, hence
promoting unity.
3. The institution of the presidency which is recognized by the constitution as the spokesperson and the
international representative of all Kenyans.
4. One education system promotes unity through the use of one curriculum in all public schools, use of
one medium of instruction (English and Kiswahili), common national examinations, Centralized
training and deployment of teachers and existence of national schools. Teaching of subjects like
History and Religion as well as drama and music activities in schools also promotes national unity.
5. The economic growth that includes equitable distribution of resources like schools and health
services and provision of water, urbanization where people live in unity regardless of their
backgrounds, employment opportunities and use of common currency.
6. Use of Kiswahili and English as official languages enables Kenyans to interact freely and with ease.
7. Existence and commemoration of national activities like national holidays, agricultural and other
shows as well as games and sports.
8. The mass media, thus modes of communication that are used to pass information to a large number
of people at the same time. They include newspapers, magazines, radio and television. They enable
all Kenyans from any part of the country to contribute to national debates before decisions of
national importance are made.
9. Various symbols of national unity like the national anthem, national flag, Public/national seal and
Coat of arms promote a sense of belonging, thus unity.

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How the constitution promotes national integration
1. It guarantees equal opportunity to all Kenyans.
2. It provides protection to all individuals against any form of discrimination / Bill of rights.
3. Through enshrining the bill of rights.

Symbols of national unity


1. The national flag
2. The national anthem
3. The coat of arms
4. Public / National seal

Importance of National unity


1. It creates unity for national development.
2. It promotes peaceful co-existence.
3. It promotes patriotism and nationalism.
4. It enhances communication as it involves an official language.
5. It promotes political stability.
6. It eliminates suspicion.

Factors that may limit or undermine national unity


1. Tribalism can create disunity and suspicion in a nation inherited by different ethnic groups as it leads
to discrimination and favourism based on ethnicity.
2. Nepotism can lead to divisions, hence disunity arising from favouring one’s relative in employment
and other spheres of life.
3. Discrimination based on one’s race creates disunity among people of a country since it arouses
division, hatred and suspicion among the people of different races.
4. Religious conflicts and fanatics may lead to differences between individuals from different religions,
thus causing disunity.
5. Party membership / affiliations which may lead to discrimination based different party loyalties,
hence disunity.

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6. Greed or corruption on the side of political leaders due to personal interests may arouse mistrust and
suspicion, thus leading to disunity.
7. Ignorance arising from lack of information limits effort towards national unity, hence divisions and
disunity in the society.
8. Poverty which may lead to vices like theft can cause disunity since people become suspicious of
each other.

How poverty undermines national unity in Kenya


1. It creates a sense of fear/suspicion
2. It creates violence/lawlessness
3. It divides people on basis of their economic status

Conflict resolution
A conflict is a disagreement, dispute or discord between two people or groups.
Conflict resolution is the process of settling a dispute / discord / disagreement when it occurs.

Causes of conflicts
1. Religious differences
2. Nepotism
3. Tribalism
4. Racism
5. Party loyalties
6. Irresponsible statements by leaders or abuse of office by leaders

Political causes for conflicts in Kenya


1. Greed of power
2. Lack of democracy
3. Many political parties
4. Exclusion from government/leadership

Levels of conflicts
1. Individual vs. individual

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2. Individual vs. group
3. Country vs. country / State vs. state
4. State vs. group
5. Group vs. group
6. State vs. individual

Effects of conflicts
1. Many deaths as a result of war among the conflicting parties or groups.
2. Destruction of property during violence, leaving the people hopeless.
3. Displacement of people or internally displaced persons as they are pushed out of their homes and
land.
4. Insecurity, fear and poor relationships develops as people lose trust in each other.
5. It undermines national unity as people take sides in the conflict.
6. Enmity and hatred erupts among people and some keep the grudge to revenge in future.
7. Violation of people’s rights and freedoms especially the weak and vulnerable.
8. Economic setbacks or Lack of development in the society as economic activities are neglected due to
fear and insecurity.

Peaceful methods of resolving conflicts


1. Reconciliation or Conciliation
2. Negotiation
3. Arbitration
4. Mediation
5. Litigation or Court system

a) Arbitration
This involves solve any kind of conflict out of court with a neutral person intervening.

Advantages of arbitration
1. It is flexible and fast, since one chooses the time to meet.
2. One can choose his own arbitrator.

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3. It is private and confidential or no publicity.
5. One chooses his rules.

b) Mediation
This involves resolving conflicts arising from political factors for example between political parties
or international conflicts leading to signing of agreements.
c) Reconciliation or Conciliation
2. The parties agree on issues, but not necessarily with facts.
Legislation
This involves passing of legislations by parliament to criminalize certain activities.

d) Litigation or Court system


 It involves the use of a legal panel to listen to the 2 parties and make a judgment.

e) Negotiation
The parties try to come up with a solution for the conflict through compromise as they discuss and agree
on certain issues.
f) Community Policing
Security officers keep vigil/patrol in the area affected/Community policing.
g) Armed forces
Armed security officers use force to stop the conflict.

Process of solving conflict by mediation


1. Accept that conflicts do exist.
2. Diagnosing the conflict to establish the nature and causes.
3. Examine the causes and symptoms critically (grievances).
4. Determine how far the conflict has advanced, thus depth and stand of the parties involves.
5. Manage the conflict by:
 Defining the problem and presenting all the possible solutions available.
 Implement the solution.
 Follow up to see how effective the solution is.

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 Evaluate, thus reasons for failure or success.

NB. If in court, court procedures have to be followed before prosecution is reached / done.
Violent ways of solving conflicts
Subjugation

a. One side loses and another one wins.


b. Order can come from above-for one side or both to stop hostility or else force be used.
c. May not be effective since mistrust and hostility may continue.
Revision questions
1. Define ‘National integration’
2. How is national integration important to development?
3. Explain the steps taken by Kenyan government to promote national integration since
independence.
4. Name the four symbols of national unity in Kenya.
5. Explain the factors that promote national unity in Kenya.
6. Explain the factors that limit/undermine national unity in Kenya.
7. How does the Kenyan constitution promote national unity?
8. Outline the causes of conflicts.
9. State the levels of conflicts.
10. Identify the peaceful ways of resolving conflicts.
11. Identify the violent methods of conflict resolution.
12. Explain the effects of conflicts.
13. Explain the peaceful methods of resolving conflicts

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