March 22, 2023

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COMMUNITY PARTICIPATION KNEC NOTES

MEANING OF COMMUNITY PARTICIPATION It’s a process of involving community to participate in project initiation decision making, planning, implementation,  benefit sharing and evaluation all of giving the community to action the phase of project. IMPORTANCE OF COMMUNITY PARTICIPATION It makes the community members to understand their own problems and find ways of solving them. Enable the members to take care of their project Introduce them to the management of their project Enable members to do monitoring and evaluation  of their project Members will ensure sustainability of project and claim total project. To enable members to identify other project as a result of original one. Process of involving community in project development and management The social worker should be sensitive to the culture of the people get their supply and resources and how they solve. Identify leaders and know each other. They include chief, church leaders, group leaders etc. Identify the stakeholders and group i.e. those managing and supporting the projects and those to benefit from it. Utilize the influential people in the community whether they are leaders or not. Choose a method for electing committee members to ensure good representation of the community in the management_ committee which oversee the act of the project. The leaders and committee should be trained Train the leaders using known outsiders on the subject matter. The social worker should know how to set achievable goals and objectives. The social worker should develop a method of avoiding conflict by analyzing their cause people involved e.t.c. He or she should not make so to avoid conflict so that people can play a new role without conflict. In order to plan with the people involve all the project activities penetrate to the community through youth groups, opinion leaders and individuals These people should act as the representative come together and brainstorm to give out their ideas at random. At the end of the meeting all the ideas should be to them each can take the message to his/her people. The committee then should put all the mentioned activities in order and read to the forum how they will be performed in order of priority. The forum will be responded by discussing, proposing and passing it to people concerned i.e. the community member Areas where the community can participate problem identification Problem Identification The community members are the one who identifies the problem in the community leaders for the problem to be solved. Project selection The community are the one to identify the feasibility or the assessment of the project survival and the economic and social worthiness of the project, and the technical requirement. Planning for activities Because the community awareness of the resources available, in the community, they help in planning on the ways of  getting the resources to be used in the continuation of the project. Project implementation The community can assist in allocation of resources, organizing on ways of getting the resource, controlling, directing, and record and record keeping Monitoring and evaluation The community helps in monitoring the progress of the project and also judge the value of the achieved results and the affectivities and management of the project

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EVALUATION KNEC NOTES

Meaning of project evaluation Refers to the process of identifying or finding out the worthiness of the project during implementation and after. Its also judging the achieved results i.e. the effectiveness and the management of the project  should be concerned with the end results  and know in advance whether the project will succeed or fail. They should determine the procedure for evaluation and pass it down to the subordinate. Importance of evaluation 1)It helps to inform the members, the board and management the success or failing of the project. 2) It helps  the members and  implementers to where they  have gone wrong 3) It enables the members and management to re-design the project and make  some modification 4) Helps them to know the directions the project is taking  even before completion Reasons of evaluation Effectiveness Its done to reveal effectiveness of the project in the community i.e. if the activities are in line with the objectives. Results should show efficiency and promise other methods of solving other problems Impact Evaluation should show the impact cost  by the project whether positive or negative. Types of evaluation 1. Impact evaluation Is done  to find   out the to which  project activities  have affected  the area. Results can be  positive or negative need  with end results and mostly  done at the end  of an activity  or project  period. 2. Remedial / formative evaluation. Evaluation conducted from time to time  as the project  continues . it is mostly  occurs  during  monitoring  of activities  at the  implementation  stage. It is done to help in modification. 3. Terminal evaluation Evaluation carried out at the end of project operation period. It cover all the activities of the project from beginning to end. Evaluation of this structure is always required by donors and members of the project. Forms / ways of evaluation . project appraisal. This involves appraising  the planned  activities  of the project . in this system  you take each activity and analyze it then compare the results to find out whether they are according to  plans. In this case you have to cover  on each. Result  then make overall . Baseline study. One has to refer to the result  . the baseline  data  during  survey you   look at the problem  and the one effective  it has   on the communities  then compare  the effect  that the project  has brought  into the community  an  it was  before then write  your                             . monitoring. This system of evaluation  is continuous  step by step  ways  of the progress of  the project. It is done  in order to identify  whether  the project  is using the resources  properly  and at the right time. periodic review. This involves  looking  at the  program and activities  from time to time  in to check whether  you are on the   addition recurrent cost implied  by this activity. implementation  organization  continues  with the project  activity  and sustain  the benefit  beyond the expiry   of the external funds. . are here any political  obstacles  to the adoption  and successful  implementation  of the  programme or the project? N.B output- are those concrete  and tangible  products   that are needed  to achieve  the objectives  of the project  and that  happen  as a result of specific objectives   of the project  and that  happen  as a result  of specific objectives  e.g  well trained  nurses  or traditional birth attendant  (T.B.A) etc. Method – these are approach’s  to be used  technique  e.g workshops, seminars  , training  etc. Assumption- one assumes that if this is done  , a  given achievement will be obtained they are also the expectations. implementation plan. It includes resource  in  books, work plan , organization. It explains the details  of a programme  should specify all the resource  inputs  in term  of manpower , how many  members  of staff  etc  facilities  needed , equipment,  and operating  cost  which includes  what organization has well as the people  the programme/ project. Examples of a work plan. Health working  programme  and specific health information  system . this outlines  targets , activities  and schedules or timing. Target – it indicates what would  be the direct result or out put  of an activity . be sure that each result  or output   can be related  to the objectives   stated  in the goals  and objectives   section. Critical assumption. They state essential   conditions  that need  to be present for an activity  to take  and the target be achieved  e.g a printer, computer, photocopies , trained staff edit, audio radio, tapes etc. Indicator  of achievement-describe  the concrete  evidence  or source  of information  required  to demonstrate  that the activity  that has been  completed and it indicate  the extend  the target  has been  achieved. Indicators- show whether  you achieve  the objectives  or not e.g if you can fulfill  what you projected at. Timing- note in this is continuous or time specific e.g April to may  3 days, two weeks etc. be specific on timing. A work plan  involves  all activities . this depend on the type of project. Questions to ask one self: What resource are required  for  the project to function ? Which of this are already  in place and can be  put  to use? What are the activities to be carried  out? What are the intended result of this activity  ? (target / objective) What are the condition that must  be present  for the activity  to be undertaken? Critical  assumption  in the table. How can implementation of activities and achievement of target  be verified ?( indicators  of achievement also look at the organization) . Who is to do what ? go to the field.   Feed back– This is necessary  for leaning  from experiences. Finding and interpretation  must be communicated  to decision  makers in other levels  to and  improving  the situation. It is  also important  in the  community, their representation , leaders  and higher level  of administration. N.B information  is needed  for evaluation  purpose  as well  as control purpose  monitoring  during implementation aid in collection  , the right kind of information  when and where it is needed. Community programme design and evaluation. It deals  with

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IMPLEMENTATION KNEC NOTES

Once the project has been planned and the project  proposal  has been developed  and accepted  and required funds  or resources   obtained  the challenges  ahead is project  Implementation. The challenge  is to undertake  project activities  with the budget  time schedule  and the scope  ‘’’ the objective  have been achieved  and  these objective  can be sustained after the project  is terminated. The activities in project  implementation  include  building  deliverable  monitoring , controlling  , time  management , cost  management, procurement management , risk management  and quality management. Steps Prepare for project formulation and implementation involves the following Obtaining approval of the project proposal document  g. donor  , government. Selecting and appointing the project  team leader  who will  assume  responsibility for subsequent  for the following  steps  of implementation. Recruit the staff  g. secret  a project and recruit  member  staff. Prepare operational  budget  for the first  phase  of the project. Order equipment and supplies which are known  to take  a long time  to procure. Importance of keeping records  for implementation  purpose. Account of programs kept in an orderly way. To measure the progress of the concern or to find  our certain  other facts , a history   of the firm  is needed . the past record , history  of the project , recount the dealings. Proper study of the position of the project . the preserved record  are the contributory  factors  without which  a good  proper  study  of the position  of the firm cannot be made  and statement cannot be prepared. Comparison of project. past record make it easy and possible  to compare  the performance  of one period with that of another  period by comparison  , one can know  there is  progress or not. Policy making. Past record , events , progress etc are very necessary  to decide future  policies  and lans  . in the absence  of record  the policies  and plans may not be successful. Legal requirement. Certain records are to be kept for a number of years  from the legal point of view. Evidence . records are good evidence in the court of law, in the case of suit.   Revision questions. What is project implementation? Describe project implementation process? Explain the importance of keeping records  for implementation purpose. Importance of keeping records for implementation purpose. Account of programs kept in an orderly way. To measure the progress of the concern or to find our certain  other facts , a history   of the firm  is needed . the past record , history  of the project , recount the dealings. Proper study of the position of the project . the preserved record are the contributory  factors  without which  a good  proper  study  of the position  of the firm cannot be made  and statement cannot be prepared. Comparison of project. past record make it easy and possible  to compare  the performance  of one period with that of another  period by comparison  , one can know  there is  progress or not. Policy making. Past record , events , progress etc are very necessary  to decide future  policies  and plans in the absence  of record  the policies  and plans may not be successful. Legal requirement. Certain records are to be kept for a number of years from the legal point of view. Evidence records are good evidence in the court of law, in the case of suit. Implementation purpose. PROJECT IMPLEMENTATION PROCESS 1. Organizing In order to implement  the plans  a sound  organization structure is required. Organizing  is the process of allocating  tasks  among  the members  of the group, establishing  authority-responsibility relationships  among  them and integrating  their  activities  towards  the common  objectives. Job description The data is collected through job analysis provides the basis for preparing job description and job specification. Job description is a functional description of what the job entails. It is descriptive in nature and defines the purpose and   scope of a job. Job  description is a written  record  of the appropriate and authored  contents of a job, it is a factual and organized statements describing  the job  in terms  of its title, location duties, responsibilities , working conditions, hazards and relationship with other job. The main object of a job description is to differentiate it from other jobs and to set out its outer limits. Uses of Job description Job grading and classification. Placement of new employees on a job. Orientation of new employees towards basic duties and responsibilities. Promotion and transfer. Definition and outlining care paths. Redressed of grievances relating to duties and responsibilities. Work measurements and work improvement. Contents of Job description Job identification- Job title, code number of the job, department or divisions where the job is located. Job summary – It describes the contents of a job in terms of the activities or task performed. Job duties and responsibilities. – It is the heart of job description. It describes the duties performed along with frequency of each major duty. Working condition- The physical environment of the job is described in terms of heat, light, noise level, dust and fumes. Social environment – size of work group and inter-personal interaction required to perform the job given. Machines, tools and equipment – the names of major machines, equipments and materials used in the job are described. Supervision – The extent  of supervision given  or  received  is stated  in terms of number  of persons to be supervised along with  their  job Relation to other jobs – the jobs immediately below and above is mentioned. It provides an idea of vertical workflow and channels of promotion 2. STAFFING RECRUITMENT AND SELECTION Recruitment   is the process   of searching for prospective employees and stimulating and encouraging them to apply for jobs in an organization. Features of recruitment Recruitment is a process or a series of activities rather than a single act or event. Recruitment is a linking  activity  as  it brings  together  those with  jobs  (employer) and  those  seeking jobs (employees) Recruitment is positive functions as it seek to develop a pool of   eligible persons from which most suitable   ones can be selected. Recruitment is

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PLANNING KNEC NOTES

Definition of project planning Project planning. Its an endeavor in which  human , material and financial  resources  are organized  in a better way  to undertake  a unique  scope  of work to a given specification within  constraints  of time , cost  and qualify  so as to achieve  intended  goal  or objective. This phase  is initial  in influencing  project  sustainability . its critical  for the project team to spend  adequate  time at the beginning  of study discipline , discuss and analyze  the project . this help to establish  a clear understanding  of what you are dealing  with and it may  be necessary  to research  how similar  project  , structured towards  project  planning  and implementation  and try to  brainstorm  with your project team. Scope involved in project planning. Project scope is defined as the appropriate  method for completing  the project are determined . following this, the duration  for the various  task necessary  to complete  the work  are grouped  into work  breakdown  structures . the logical  dependency  between  tasks are defined  using  activities   network diagram  that enables  identification  of critical path  in the project planning. The scope in the project planning  makes it necessary  for resources  to be estimated  and cost   for each activity  can be allocated to each  resource  giving the total  project cost. At this stage  project  plan  may be optimized  to   achieve  the appropriate  balance  between  resource  usage and project  duration to comply  with the project objective. The scope involved  in the project planning  is so wide  and once established  and agreed  the plan  becomes  what is known   as the baseline . progress will be measured  against  baseline  throughout  the life of the project. Analyzing  progress  compared  to the  baseline is known  as carried  value management. It goes beyond the input  of the project planning  phase which include  the project charter and the  concept  proposal . the outputs  of the project  planning  phase  include  the project requirement , the project schedule and the project management plan.   Short term and long term project planning. Project planning is part of project management which relates to the use of schedules to plan and subsequently report progress within the project  environment. Project planning can be divided into; Short term project planning Long term project planning. Short term project planning. Short term project planning is expected  to be  accomplished  in a short  period of time  such as  building  a water  tank  for a community  to store  clean water. The definition   of a short term project need not to relate  to any  specific  length  of time. In other words , one may achieve  project   within a day , week, month , year etc. the time frame  for a short  term project planning  relate to its  context  in the overall time line that is being applied to. Long term project planning. Project planning can be in terms of long term  which involves  planning decision  and may extend over a long period of time . for example , the decision  to buy  a particular piece of machinery  and equipment  is the result  of project planning. Project planning has a long  term effect  on the company  future  profitability  , capital expenditure analysis or cost – benefit  is technique  needed for project planning . In project planning , there are two  major  types of decision  selecting  new project  and secondary  replacing  existing  project  within the organization.   Steps in project planning. Establish the project objective Choose the basis strategy for achieving the objective. Break the project into sub units. Determine the required time to  accomplish the project. Determine the proper sequence  of completing  the sub unit  and the aggregate Determine the cost of the project Establish the required resource. Assign duties and responsibilities Duplicate the necessary policies and procedures Determine the yard strings for enacting the outcome   Time in planning. When planning time it helps to determine the shortest time necessary to complete the project. The project manager needs begging with the work breakdown structure and determine the sequence submit which must be completed and which one maybe under weigh at the same time. Features of Planning Planning is a process rather  than  behavior at a given point  of time, this process determine  the  future  course of action. It concerns  forecasting  of the future  situations in which  the organization has to function, therefore correct forecast, better  decisions  about  future  course of actions. Planning involves  selection of suitable  course  of  action  for achieving  particular Planning is required  at all levels  of the organization because all  levels  of mgt  are concerned with determination of  future  course of action. Planning is a  continuous  managerial  function  involved  analysis, communication and decision . Planning is flexible as commitment is based on future conditions which are always  dynamic PURPOSE OF PLANNING The purposes of planning are: It helps to increase  project  effectiveness  planning ensures  that resources are put  in action in a way  in which  there have been  specified thus  enabling project  to achieve  its objectives within the  given It is to assist in coordination of various   departments of the project planning   as they work in accordance  with  the overall plan. It helps in control- Planning  helps  in correction  of derivations to assure  the achievement  of objectives as set by the plans. It offset  uncertainty and change – It gears the  project  to look a head  over the change  to take  suitable  actions so  that it is  successful in  achieving  its It helps and leads all other  managerial function as all other functions are performed  to achieve the objective set  by the planning Its purpose  is to  forecast  on the project  objectives and direction of action for achieving  these Provides efficiency  is operated – planning  facilitates optimum  utilization  of available resources. As a rational  solution problem planning  results in the use of  most efficient  methods of work. Good  plans not only optimizes  productivity but  also provide  satisfaction in those  implementing It provides a basis  for decentralization – It helps  in the delegation  of authority to lower level of management. It encourages innovation and creativity

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PROJECT AREA ANALYSIS KNEC NOTES

Meaning of project area analysis Project area analysis refers to the process of collecting, analyzing, and interpreting information on the various valuable that characterize the geographical location  for which  project is intended to be implemented The purpose of the area analysis Helps facilitate identification Provide justification of the project We do project analysis to enable participation of the development issues To identify potential risk To document options To evaluate the potential risk To evaluate the potential of the object to meet Demography and occupation patterns of a project area We study population in terms of several variables. Age structure The population of age Population growth rate depends on fertility rate  mortality or dead rate Migration Diversity_ Varity of peoples culture Occupation This refers to the main sources of livelihood Economic infrastructure They include such service or resources around networks Social infrastructure They include counsel of elders  religious groups e.g. professional association community based organizations, maendeleo ya wanawake social society Land use pattern Agriculture animal industries recreation. Foodpath_ This documents the principals stage of food chain from product-storage-distribute consumers FOODPATH IN PROJECT AREA Footpaths aim to create paths to do two things. First, to support a right after our heart’s desire to change current unsustainable food systems especially around the area of King’s Cross. Second, to encourage university and Community to help each other. We deliberately naming this project the King’s Cross Movement is precisely to politicizes the whole process. The creation of a public sphere of active democratic participation, demands everyone’s contribution. It’s not merely about any individual but about you and me and us. And yet, Footpaths is not a fully signpost journey to a utopia, but paths that we all have to seek and find, like any other adventurous journeys that full of mud and perhaps uncertainties and insecurity, but at the same time excitement and fun. The good news is that we don’t have to try out everything from the scratch. London as a global city, it has so many talents, knowledge and resources around. It’s like when we travel together and we need to work together to overcome many obstacles and we need to help each other. It is great that we have a community kitchen in a community garden to start with. It is even greater that we can make this place or this project an exemplar to create the many paths towards our desired urban food systems, not to a few, but to everyone in the city.

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MEANING AND SCOPE OF PROJECT DEVELOPMENT AND MANAGEMENT KNEC NOTES

Meaning and scope of project development and management. Introduction. Concept of development and management. It’s a project sequence of unique activities having a goal or purpose and that it must be completed by a given time within budget and according to specification. It can also be referred to any new structure plan process system large or small also mean replacement renewal of any existing.   Management Refers to proper utilization of resources in a given situation organization or institution. Project management. It’s the planning scheduling monitoring and controlling of project activities. It’s the application of particular management knowledge, skills and technique to project activities to achieve project goals. Development It refers to the process of bringing change. The work breakdown structure represents a systematic and logical breakdown of the project into its component parts. Importance of project parameters. For effective planning by drilling the work into manageable elements which can be planned, budgeted, calculated. It helps in assigning responsibilities. Development of control and information / control.   TIME IN PLANNING When planning time it helps to determine the shortest time necessary to complete the project. The project manager needs to begging with the work breakdown structure and determine the time required to complete each sub-unit then determine the sequence submit which must be completed and which one maybe under weigh at the same time. Characteristics of a good project Distinct, single and deferrable goal The project must have a goal or purpose for which it has become necessary i.e. (SMART) Specific Measurable Attainable realistic Time Unique and interdependent activities Activities in a project are unique. A project thus has never happened before and it will never happen before and it will never happen again in the same conditions. Temporary undertaking to be within specified time A project is temporarily because once the goal is achieved it seizes to exist i.e. project has definite beginning and specified completion time Within the budget Project is temporarily because once the goal is achieved it seizes to exist i.e. project has definite beginning and specified completion time Sequence and correctness of   activities Project comprises of activities that must be completed in a specified order or sequence. An activity can be based on inputs and outputs of activities can be based on inputs and outputs of activities or resources to use and when to use them. Have a sponsor or customers Most projects have many interested parties or state holders but there should be one with first degree role of sponsorship Project sponsors usually provide the direction and also the funding for the project Importance of project management it helps people in the community to achieve desired goals It helps the community know how to use limited resources Equip people with knowledge of learning process Enhances mobilization and encourage participation by the community Equips the members with skills on budgeting project budgeting, project implementation and evaluation Roles of project in development Projects are started as a result highly felt need which may be water, health facilities, food e.t.c. Project fulfill the needs and improve the living standards of people which is the overall concept of development Therefore project are the wheels of any given area Project also helps the community to achieve the desired goods thus improving their living standards Project equips people with skills on budgeting project implementation and evaluation Project helps in identifying the available resources these are the intangible and tangible things that enable people to create goods and services to satisfy all needs. It enhances mobilization and encourages participation by the community Equips people with knowledge of planning process and how they can budget for their goods Helps in designing alternatives in project evaluation

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CITIZENSHIP AND NATIONALITY

The law relating to citizenship and nationality is contained in the laws of Kenya under cap 179. Citizenship refers to a person political allegiance to some state in reform for which he is offered protection by that state. Ways of acquiring citizenship By birth; born to the country Descent; if the time of his/her birth the parents were citizen of that country By registration; one may apply or register and be granted citizenship or one who has been in the country for at least 5 years and he/she is from a specified African country or member of common wealth countries may be granted citizenship upon registration. Lose of citizenship If the citizenship was acquired through fraud, false or concealment of any material. When a person is in any case assisted the opponent during war revealing any secret concerning security of a country. When within 5 years of registration he/she has been convicted of an offence and sentenced for a term of 3 years and above. Terms and conditions for employment Many for Acts of Government Employment Act (chapter 226) Regulation of wages and condition Act (chapter 229); both the pieces of legislation make laws governing wages, housing, leave and rest, health and safety, the special session juevenism of women and termination of employment. The latter Act in addition set up process through which conditions and wage of employment can be regulated by the Minister in charge of such matters. Factories Acts (chapter 514 in laws of Kenya); this particular piece of legislation deals with the health safety of the employees who work in the factories. Work men’s compensation Act (chapter 236 in the law of Kenya); these laws provide ways through which the employer could compensate the employee who is injured on job/duty. Wages regulation Employment Act itself does not make any permission to the amount to be paid to employees. It does not stipulate the minimum of wages however through regulation of wages and condition of employment Act deals with this. The employment Act merely required that the wages be paid to Kenyan money/currencies to employee himself or to a person wished by the employee. Also the Act (employment) requires wages be paid in form accepted for reduction which are permitted by law. Authorized deductions include:- NSSF Pension scheme NHIF PAYE Conditions of the Employment Under the employee Act every employee is entitled to the following rights: Housing; every employee has a right to a reasonable housing and accommodation; the accommodation should be at a place of work or nearby. Leave and rest; employees have the right to leave and rest, this may include annual leave and public holidays, sick, maternity, compensation etc. Food and water; under the employment Act, the employee has a right to adequate supply of clean water at work place, where employer provides accommodation/housing there should also be water to the employee. Criminal liability of Agent or Employee of Employer’s penalty Reduction or damage or loss of property It is fairly common to employers to change employees with the value of any property damaged or loss by employee. Condition Employee must have deliberately caused the damage for loss. Employer must carry and properly investigate to ensure that the employee is reasonable for the damage. The employee must be given chance to explai8n his/her side of the story. Where the loss or damage amounts to a crime the employer must also report the matter to the office. The employer may also terminate the service if the loss or damage is serous. Absence of Duty An employee is supposed to appear as agreed days even if there is no work to be done. He/she may stay away from work if there is a genuine reason but should get leave every time he/she need to be absent from work. However reduction can only be made if the employee is absent the whole days. Over – payment of wages or shortage of money The employer may pay employee a short more than his/her wages by mistake; in this case, the employer may reduce over payment from employee future wages. When employee causes loss of money entrusted to him or her due to carelessness or dishonesty. The amount of shortage may be deducted from the employee’s wages. N/B: This only applies where the person was employed to deal with money, however an employee whose contract does not be forced to pay the money to that shortage work men.   Compensation Acts This requires that employee or a person is injured or killed in course of his work be compensated or his/her dependant. 1. Medical attention Employer is under a duty to ensure that medical attention is given when he notices that his/her employee is sick. It is also the duty to establish any sickness to be brought to his/her attention; employer is required to report to the labour officer or the district office any death of his/her employee. Any belonging of the deceased should be delivered to any individual who is responsible to it. 2. Occupational disease A work man who gets affected with the disease with the kind of work done is compensated. A certificate must be given by a medical practitioner in order for him to qualify as occupational disease. A work man who dies due to the disease is treated in the same way as one who suffered an accident during work. Lodging for a claim The processes of claiming compensation begin with giving notice of the accident or disease. The employee is required to give notice to employer of what has happened under the work man Act. The notice would be given before the end of 6 months from the date of accidents. N/B: The employer also has a duty to report the accident or death to the district officer. After receiving a notice the employer should arrange for medical examination and treatment.   Factories Acts Health and safety The factory Act prohibit over crowding at work place. The employer should ensure cleanliness, enough air,

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LAW OF PERSONS

Legal personality Artificial persons Natural persons Incorporated association Legal personality This refers to an attribute given to a person /an organization as described by law, such a person or an organization has legal obligation upon whish his/its behavior or conduct is governed. Artificial person This also refers to a person or organization as defined by law; the law give such individual/organization a different status as relates the legal obligation that determines rights and duties e.g. a company registered under laws of Kenya has a legal personality and has separate entity from its members and can sue or be sued in a court of law and there considered as law of persons. Natural persons This refers to an individual or persons as described by nature e.g. birth, character as incorporated. This referred to non – registered association i.e. they have no legal personality and thus cannot act as a person (artificial persons) and cannot sue or be sued in the court of law as a separate entity from its memLegal system of Marriages1. Statutory MarriaThese are types of marriages that are conducted and regulated by written laws and they are two types. Christian (church marriage) These take place between two people who proclaim a Christian faith and the marriages are carried out accordance with practice of particular denomination. The marriage certificate is usually issued to the party and a copy of it sent to Attorney General Chamber. Civil or registrar wedding These kinds of marriages are conducted by the registrar of marriages at the Attorney general’s office in the DC’s office and the copies of the certificates are sent to the registrar of marriages. Features of Statutory marriages Must be monogamous; when parties are married under statutory marriage they cannot conduct another marriage when they are still alive hence they commit a crime known as bigamy which is punishable for 5 years imprisonment. A notice of the intended marriage should always be given. The parties to the marriage have to be single. They have to be opposite gender Also to be 18 years and above Objection to the marriage is possible i.e. when a person has a good reason to object or stop the marriage he/she may do so within 21 days. Rights and Duties under statutory marriages The partners have the right to engage in sexual intercourse with one another (conjugal rights). Be faithful to each other. If the life contributes to the acquisition of the matrimonial properties, then she is entitled to sharing of that property. Customary marriage Kenyan law recognizes that different communities have different ceremonies for marriages and they recognize these marriages. However, one or both parties to that marriage must be linked to that community whose customs their party relies; both parties must consent or agree to be bound by these customs. Ceremonies for customary marriages The type of ceremony differs from community to community but in most communities the marriages have symbols of payment of dowry. There is no set of age limit but most communities consider puberty age to be right for marriage; however the children act opposes this act. Customary marriage is potentially polygamous i.e. the man can marry as many wives as he is able to take care of. Under this marriage, the man has a duty to take care of the wives and also own everything including the wives. In customary marriages husbands are entitled to rectify the injustices i.e. beat (wife who commit an offence). Women to women marriage Some African communities encourage women to women marriages especially when she is wealthy and barren. She may marry another woman to bare children and the choice of a man she likes. Islamic marriages The assistant registrar in a mosque conducts this kind of marriage. The parties then sign a register and are then issued with the cert5ificates. Condition for Islamic marriages A man is allowed to have four wives at a time. The parties to the marriage must profess the Muslim faith. The parties intending to marry must not be related. The dowry to be paid to the bride. There must be an offer by the groom and acceptance by the bride and there should exist a genuine agreement. There must be two witnesses during marriage session. Hindu marriages There is an act in Kenya which has reenacted Hindu marriage and divorces. A Hindu marriage is monogamous features one man one wife. The parties must be single and not related in one way or the other. Come we stay marriage Where a man and a woman live together without any form of ceremony they are said to be cohabiting. This kind of marriage has been given recognition under the law of venture of communal law provision and the law presumes that when two such people stay together for a long period their intention is marriage; that such presumption of staying together uninterruptedly for a period of more than 2 years. The judicial and separation and divorce At times marriages do not last until the parties apart and such instances would hold. The law of judicial and separation divorce; judicial separation s where a couple seeks a court order to allow them stay apart temporarily for a given time due to disagreement; it is a mere break in cohabitation. Divorce is a permanent separation among the couples. Grounds for separation and divorce Cruelty; if one of the parties to a marriage is cruel to another then the offended party can apply for divorce or separation; cruelty can be physical/psychological. Adultery; this is where one party have sexual intercourse outside marriage; since it is difficult to catch adulterers and fragrance depict of the act, courts always lie on circumstantial evidence to determine the adultery. Desertion; this is where one spouse leaves the other for unreasonable or unjustifiable long period, then one can apply for divorce i.e. after 3 years of desertion. Insanity; this associate with mental disorders where the husband deals/commits rape or unnatural sexual offences. Conditions of Separation under African customary

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CRIMINOLOGY

This is the study of crime; it is a social science that studies the different branches of criminal justice system. It is therefore a body of knowledge aimed at scientific explanation of criminal, deviant and delinquent formed at social behavior. It includes within its cover the processes of making laws, breaking them and the societies’ reactions towards the breaking of laws and thus includes the following three main branches. Criminal etiology This is the scientific analysis of causes of crimes. Penology This comes from the word penal; it concerns the control and prevention of crimes. It is the study of punishment; it discuses aims, principles of the philosophies of punishments. It therefore discusses retribution in capacitation, rehabilitation, treatment, corporal punishment etc. 3. Correction methods The methods applied to reform the offender and they offer an explanation of the treatments of offenders in prisons, probations, approved schools etc.   PENOLOGY It is the study of punishment; it discusses aims, principles and philosophies of punishment. Aims of punishment Deterrence (discouraging) There is general and individual deterrence; general aims at deterring other people in the society from committing an offence, individual deterrence on the other hand occurs when one is deterred from committing future crimes e.g. he/she is sent to prison not to commit future crimes. Incapacitation When a criminal is in jail, in real the society is protected from the wrong deeds; it is the aim to make an individual unable to commit crime or protect the society from such crimes. Rehabilitation Those who commit crime are believed to be sick and they are crude to be treated so the treatment process is referred to as rehabilitation. Crimes are viewed as product of advices environment and criminals are not responsible for their actions and thus criminals need to be rehabilitated or treated in order to reform them. This treatment is both beneficial to the offender and to the society. There are rehabilitation homes such as approved schools, prisons, hospitals etc. Modern correction methods Conditional discharge Under this, one is tried on conditions that he/she does not commit the same crime /offence again or else otherwise taken to prison. Through Fines It is the most common correction method and involves payments of money as a result of being found guilty of an offence. This is a price to many criminals and it is based on its principle that one who has committed an offence should be made to pay the society the equivalent of the wrong. A person who pays in fine feels the pain of losing money but the money assists the society. This deters individuals from repeating crimes in future. Through community service A working definition for in community service may be the non salaried service by an offender for non profit making agencies. This is to be considered to be a person of retribution or pay back to the wronged society. It is an alternative to short prison sentence and can always be ordered by a court in case any person is sentenced to imprisonment for six months or less. The offender must report to a community service officer who administrates the service and the individual as to the place, measure and time for work. Probation This is punishment given to offenders i.e. they are released under the supervision of a probation officer. N/B: It was decided in Kenya in 1946 and set up an act of parliament. The period for which a person can be released on probation is between 6 months and 3 years. N/B: No punishment is imposed initially but the offender is a given a fixed period of time to process that he/she can change or can be rehabilitated. During this period he/she is under the supervision of probation officer who is to advice, assist and befriend the offender. If the offender completes the penalty satisfactorily, then no further action is taken against him/her but if he is found unsatisfactory then further court action is taken. Corporal punishment This includes strokes of cane etc. But before this is administered to an offender, a doctor must write a certificate to certify this. Imprisonment According to prison rule number 1 the purpose of sending some one to prison is for training and treatment of the convicted prisoner so that he can lead a good useful life on discharge. The aim of prison sentence includes healthy rehabilitation, incapacitation, punishment and deterrence. Once imprisoned, there are several pains one goes through:- Deprivation of liberty i.e. lack of freedom. Deprivation of goods and services. Deprivation of heterosexual relationship Deprivation of authority; the inmates are subject to a body of rules and common which are designed to control their behavior. Deprivation of security; prisons are dangerous and hardens criminal. The extend and magnitude of crime Criminal statistics are more complicated to comprehend because of the complexity and the scope of the definition of crime. The perception of what is a criminal act depends on who and where the act is committed and thus in order to determine criminality, criteria should be used and this involves one determination of the seriousness of act, determine the frequency of committing, and determine the attitude of the offender. The interpretation of crime also varies by cultural groups; generally a crime is widespread but officially it is not and this is because it is actually in dark figure. What we know about crimes is only from official records that are the police, the law courts, prisons, the children homes, profession homes and other government and non governmental agencies homes. Most of crimes are in the society never reported in these agencies or institutions; the next obvious fact is that crime is a lower class phenomenon. People from slums are five times likely to be apprehended for crime ort criminal acts than people from wealthy estates. Most criminal theories derive definition of crime from official records which are heavily against the poor. The officers mention earlier the nature and extend of crime. The nature of crime may

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CRIMINAL LAW

Crime; this is a wrong that is prohibited by law; it is a wrong that is of public interest, it may be defined as the wrong against the state laws. It is therefore an intentional human act or omission prohibited by the public law for the protection of the public. A crime is punishable by the state in a judicial procedure; it involves behavior and in this case behavior is identified in terms of law. Unlike the evidence specified by law is present and proved beyond reasonable doubt, an individual should not be convicted of a crime. Factors that must be met for an act to be considered a crime Actus Rea; there must be an act or omission prohibited by law. Mens Rea; there must be intention to committing the act or (the criminal intention or guilty mind). The acts and the mind must go together i.e. if the Actus Rea and the Mens Rea occur then a crime is said to have been committed. However, in must be proved beyond any reasonable doubt. The law must prohibit the conduct or act. The conduct must constitute a social disharmony i.e. must be injuries to the state or the people. The conduct must be punishable and the punishment should be specified in advance by the law. N/B: The cordial principle of criminal law is in the maximum that an act does not make a person guilty unless the mind is guilty. Ignorance of the law has no defense. Criminal law is therefore a body of specific laws by government or a state to govern human behavior. They are very specific and they specify the wrong versus the punishment that requires. Criminal law is very uniform, it applies to all people without discrimination of race, colour, gender, status and nationality.   N/B: All people are subjected to the same laws and punishments is satisfied only if the offender has rufringed the rights of others and the law should guarantee the rights of the accused at all stages of the trial.   PRINCIPLES OF CRIMINALITY AND PRINCIPLES OF CRIMINAL LIABILITY These principles answers the quiz of when does a person become a criminal. According to the Kenyan law, a person becomes a criminal when he or she is convicted of the same by the court of competent jurisdiction. These principles are rules that execute a criminal behavior for punishment or liability. There are five (5) general principles of criminal liability and they include:- The principle of insanity The principle of infancy The principle of compulsion force The principle of necessity The principle of mistakes of facts.   The principle of insanity Any individual that is insane is not liable for a criminal act or may not be convicted of the same in a court of competent jurisdiction. The principle of infancy The law assumes that an individual below the age of 18 years is not liable for a criminal act and cannot be convicted of the same in a court of competent jurisdiction. This is because the law assumes that he/she does not know what is right or wrong. However a child committing an offence in companionship with an adult is capable of committing an offence and can be tied in a court of law. The principle of compulsion force If you are forced to do something that amounts to a criminal act and can actually prove that you were forced, then you are not guilty of that offence. It is the accused to prove that actual physical force were present to force him/her to do the same i.e. the act. The principle of necessity If you commit an offence out of necessity and you can prove that then you are not guilty of such an offence. This fall under the self defense (i.e. killing one to save many, killing those who attacked you to save your life. The principle of mistakes of facts This is about doing something out of fact e.g. killing somebody while in real sense you know the facts or the reasons of doing that. Types of Offences Criminal offence This is a public crime i.e. a crime committed against the state and in this case the state is the prosecutor. Civil offence These are wrongs that are committed against individuals’ e.g. torts, breach of contract etc. Mala – in – se Are wrongs that are evil not only that they are forbidden but they are also evil in nature e.g. robbery, arson, rape etc. Mala prohibitor These are wrongs that are forbidden or prohibited but they are not immoral e.g. trespass Immoral offences Are emotional crimes and they includes prostitution, homosexuality, abortion, incest, adultery, fornication, drug addiction etc. Traffic offences Are crimes against the traffic rules. Felony Any crime that takes one in prison for 7 years and above; it is a very serious crime for which the offender may be sentenced to long imprisonment or death. They include robbery with violence, hijacking, kidnapping, treason (attempt to overthrow the government), rape etc. Misdemeanor A less serious offence for which a fine or a short prison sentence which may be provided in a local detention facility e.g. theft of farm produce, attempted suicide etc.

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THE KENYAN CONSTITUTION AND ADMINISTRATIVE LAW

Constitution of Kenya A constitution is a public document which regulates the relations between the state and its citizens as well as the relations between the organs of the state. The constitution of country is considered the fundamental or basic law of the land and thus the constitution may be defined as “A body of principles and rules, written and unwritten, that enables people within the state to live together in order and harmony. It expresses the agreed content of the political system by prescribing the principles and the basic structure upon which the system is founded and setting out the rules and procedures for setting differences without resources to force or violence. According to Lord Bryce the constitution “consists of those rules and laws which determined the form of its government and the respective rights and duties of the government towards the citizens and of the citizens towards the government.” Nature and the Scope of the Kenyan constitution The constitution of Kenya was enacted on the 12th Dec 1963. It was amended on the 12th Dec 1964, in order to establish a republic with a president as the Head of state. The further amendments were included in a constitution of Kenya act in 1969. Since 1969 some more amendments have been made in Kenyan constitutions which are included in the annually revised editions of the volumes of the laws of Kenya. The section 47 of Kenyan constitution empowers parliament to make amendments by the votes of not less 65% of all the members of National Assembly which also requires the accent of the president. The Kenyan constitution is quite long and consists of 128 sections. The Kenya constitution contains the following parts. CHAPTER                                                       CONTENT I                                                                      The Republic of Kenya II                                                                      The Executive III                                                                      The Parliament IV                                                                      The Judicature V                                                                      The protection of Fundamental rights and Freedoms of the individuals. VI                                                                       The citizenship of a country VII                                                                      The Finance VIII                                                                    The Public service IX                                                                       The Trust Fund X                                                                       The General XI                                                                      The Transitory   The constitution of Kenya is that source of law from which all other laws derived their validity. Thus any law that conflicts with the constitution is void or invalid. In Kenya, this is not exception; the constitution of Kenya sets unity and guidelines on how the country on how the country is to be governed and lays down the guiding principles on the laws of the land e.g. Selection of three of the Kenyan constitution states that any law which contradicts the constitution is void. This therefore means that all other laws of the land have to be based on and support the provisions of the constitution. The Executive It is the arm of government which deals with the execution or implementation of laws made by the legislature; it consists of president, vice president, cabinet and civil servant. Roles of Executive The handle the general administration of the country including internal and external affair. Roles of president Head of state Head of government Chairing cabinet meeting Legislative power Commander in chief Judicial power Emergency power Presiding over national holiday The judiciary Is one of the three organs of government; it consists of the judge, magistrate and other officers of superior and sub ordinates courts. Functions of the Judiciary Settles legal disputes among individuals or between individuals and the state. It guarantees the rules of law (which stipulates that all Kenyan are governed by the same land) by exercising justice. Help in the development of laws. It administers justice. It is guardian of our constitution. The legal system arrange for the administration of the estate of deceased person by appointing guardians or trustees of estates. The Legislature This is also referred to as parliament and is the law making organ in Kenya. It comprises in National Assembly and the president. Functions of Legislature Legislative functions Control of revenue and expenditure Terminative roles Check on executive and judiciary Control of revenue and expenditure Bridge between people and the judiciary Creation of statutory bodies Shaping political leadership Promotion of good governance Election of the speaker

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