The Civic Education Bill, No. 4 of 2024

SPECIALISSUE

Kenya Gazette Supplement No.39(SenateBillsNo.4)

REPUBLICOFKENYA

KENYAGAZETTESUPPLEMENT

SENATEBILLS,2024

NAIROBI,28thFebruary,2024

CONTENT

| Bill for Introduction into theSenate- | PAGE | |-----------------------------------------|--------| | The County CivicEducationBill,2024 | 37 |

THECOUNTYCIVICEDUCATIONBILL,2024

ARRANGEMENTOFCLAUSES

Clause

PARTI-PRELIMINARY

• 1.Short title.
• 2.
• Interpretation.
• 3.Object.

PARTII-COUNTYCIVICEDUCATION

• 4.Role of National and county governments.
• 5.Mandatory civic education training.
• 6.County civic education programmes.

PARTIII-COUNTYCIVICEDUCATIONUNITS

• County civic education unit.
• 8.Functions of the county civic education unit.
• 9.Funding of civic education.
• 10.Management of the unit.

PARTIV-COUNTY CIVICEDUCATION PROVIDERS

• 11.Registration of county civic education providers.
• 12.Application for registration as a county civic
• education provider.
• 13.Consideration of application and registration.
• 14.Certificate ofregistration.

• 15.Effect of admission into county civic education
• programme.
• 16.Refusal to admit an entity into a county civic education programme.
• 17.Groundsfor de-registration.
• 18.Notice ofnon-compliance
• registration.

PARTV-MISCELLANEOUSPROVISIONS

• 20.False statements.
• 21.Monitoringand evaluation.
• 22.Regulations.

THECOUNTYCIVICEDUCATIONBILL,2024

A Bill for

AN ACTofParliament to providea legal framework forundertaking civil education in counties.

ENACTED by theParliament ofKenya,asfollows-

PARTI-PRELIMINARY

• 1.This Act may be cited as the County Civic EducationAct,2024.
• 2.In this Act,-

"Cabinet Secretary"means the Cabinet Secretary responsibleformattersrelatingtodevolution;

"county executive committee member"means the ememberresponsiblefor

countyexecutivecommittee mattersrelating to devolution;

"Unit"meansthe county civic education unit established under section 6;and

"Non-governmental organizationhas the meaning assigned to it under section 2 of the Non-Governmental Organizations Co-ordinationAct.

• 3.The object of thisAct istoprovide a framework
• for-
• (a)sustained citizens' engagement in the implementationof the Constitution;
• and in the operationalisation of the
• (b)improved understanding, appreciation engagement devolvedsystem ofgovernment;
• (c)institutionalisinga culture of constitutionalism;
• (d)knowledge of the transformed political system, context and implications;
• (e) enhanced knowledge and understanding of the electoral system and procedures;
• (f)enhanced awareness and mainstreaming of the Bill ofRightsand national values,
• (g)heightened demand by citizensfor service delivery by institutions of governance at the county level;

Short title.

Interpretation.

No.19 of1990.

Object.

• (h)ownership and knowledgeon the principal economic,social andpolitical issuesfacing county administrations and their form,structures and procedures;and
• appreciation for the diversityofKenya's communities as building blocks for national cohesion and integration.

PARTII-COUNTYCIVICEDUCATION

• 4.(1) The National and county governments shall
• promote civic education by-
• (a) collaborating to determine the contents of the curriculum for civic education taking into account
• (b) facilitating the establishment of channels and
• the provisionsofArticle33 of the Constitution;
• forums forcivic education;
• (c)mainstreaming civic education programmes in the governments'activities andprogrammes;
• (d) ensuring that a percentage of the budget of the National and county governments and other entities is set aside for civic education programmes;
• (e)creating and developing sustainable and innovative approaches towards civic education programmes;
• and
• promoting thelinkages between universities and research institutions andmembers of thepublicfor
• continuous civic education.
• (2) The county executive committee member shall for
• purposes of subsection(1)-
• (a) enter partnerships with local and international educational institutions in order to promote the
• growth of civic education;
• (b) establish programmes for the certification and admission ofnon-governmental organizations and other non-state actors into the county civic educationprogrammes;
• (c)establish online and otherplatforms for access to information;

Role of National

and county governments.

• (d) establish and develop online civic education programmes, access to fiscal and non-fiscal support;
• (e)keep and maintain a directoryofNonGovernmental Organizations and other non-state actorsproviding civic education;
• (f) put in place mechanisms to enable access to entities from marginalized groups to access civic educationprogrammes;and
• (g)put in place facilitative structures that ensure the access to civic education at the national and county levels.
• 5.Public officials,including elected and appointed officials at national and county levels shall undergo mandatory civic education and training on their roles, responsibilities,and obligations as public servants.
• 6.(1) In realising the objectives of this Act,every county government shall establish county civic education programmes.
• (2)The county executive committee member shall for purposes of subsection (1)-
• (a) establish online and other innovative platforms setting out information on existing civic education programmes;and
• (b)prescribe a criterion for the evaluation of entities, programmes and structures set up for the purposes ofimplementing this Act.

PARTII-COUNTYCIVICEDUCATIONUNITS

• 7.The county executive committee member shall
• designate a unit to be known as the county civic education unit.
• 8.The functions of the unit shall be to-
• (a) develop a comprehensive civic education plan for the county,in collaboration withrelevant stakeholders,outlining the goals,objectives, strategies,and activities for promoting civic education and civic engagement among the citizens in the county;

Mandatory civic education training.

County civic education programmes.

Establishment of county civic education unit.

Functions of the

county civic education unit.

• (b) oversee the implementation of civic education programmes and initiatives within the county including civic education workshops,seminars and public awareness campaigns;
• (c) coordinate with public and private institutions the execution of county civiceducationprogrammes;
• (d) engage in resource mobilization efforts to secure funding,partnerships and other resources to support the implementation of civic education
• programmes in the county;
• (e)monitor and evaluate the progress and impact of civic education programmes in the county and provide regular reports to the county executive committeemember and the county assembly;
• f collaborate with relevant county government departments,agencies,and other stakeholders involved in civic education activities to ensure a coherentand integrated approachtocivic education in the county;
• (g)engage in public outreach and engagement efforts
• to raise awareness about civic education programmes,encourage civic participation,and promote civic values and principles among the citizens in the county;
• (h) including organizing public forums,debates, dialogues,and other civic engagement activities to foster a culture of democracy,human rights,and socialresponsibility;
• undertake capacity-building initiatives to enhance
• the knowledge,skills and abilities of civic education facilitators, trainers andother stakeholders involved in civic education programmes in the county;and
• provide regular reports on the progress and impact of civic educationprogrammes in the county.
• funding of civic education activitiesin the county.
• 9.(1) A county government shall ensure that part of the county government's annual budget is allocated towards

Funding of civic

education.

• (2) The National Government may issue conditional grants to county governments to build the capacity of county government entities and fund civic education activities in counties.

2. 10.The county executive committee member shall designate an officer within the department to be in charge of theaffairs of theunit.

PARTIII-COUNTY CIVICEDUCATION PROVIDERS

• 11.The unit shall be responsible for theregistration of Non-Governmental Organizations and other non-state actors providing civic education in the county as civic education providersunder thisAct.
• 12.(1) An entity that is eligible for registration as a
• civic education provider shall submit an application for registration in the prescribed form and may pay the prescribed fees.
• (2)An application for registration under subsection
• (1) shall include the followingparticulars-
• (a)a statementsetting out thefollowingparticulars-
• (i)the name of the entity;
• the proposedregistered office of the entity;
• (ii) theentity'splaceofincorporation or registration;
• (iv)t the entity'sregistration number;
• V theregistered officeof the entitytowhich all communicationsmaybe addressed,and
• (vi) a detailed description of the civic education programmeoffered.
• (3) The unit may require the applicant to submit such further particulars as the unit may from time to time
• determine.
• (4)The unit shall put in place mechanisms to ensure that the admissionprocess of an entity under this section is simple,efficient,accurate and transparentand may for this purpose-

Management of the unit.

Registration of county civic education providers.

Applicationfor registration as a county civic education provider.

• a) establish an online platform for the submission of the documents and information specified under

2. subsection (1);and 3. (b) devolve and decentralize the registration process to the lowest devolved unit and may establishsuch registration desks as may benecessary to enable access toregistration. 4. 13.(1) The unit shall within sixty days upon receipt of 5. an application under section 10- 6. (a) consider the application together with the required documents; 7. (b) conduct due diligence on the applicant;and 8. (c)if necessary,call for such further information or carry out such inspections as the unit may consider 9. necessaryfor the determinationof theapplication.

• (2) Where the unit is satisfied that an application meets the requirements for registration under this Act,the unit shall,subject to the provisions of this Act,enter the name and particulars of the applicant in the register of

11. county civic education providerskeptfor that purpose. 12. 14.The unit shall upon entering the name of an applicant in theregister,issue to the applicant a certificate ofregistration. 13. 15.(1) The certificate ofregistration issued by the unit under section 12 shall be conclusive evidence that the 14. entity- 15. (a) has met all the requirements for registration 16. specified under this Act;and 17. (b) has been duly registered in accordance with this Act unless it is proved that the registration has been cancelled. 18. 16.(1) The unit may reject an application for the admissionofan entitywhere- 19. (a) the entity has submitted false or misleading information in its application; 20. (b) theapplication does not complywith the 21. provisions of this act;

Consideration of application and registration.

Certificateof registration.

Effectof admission into county civic education programme.

Refusal to admit an entity into a county civic education programme.

• (c) the entity does not meet the criteria specified under this actfor theprovision ofcivic education;
• or
• (d) theobjectof the entity arelikelytobepursued for an unlawful purpose or used for a purpose incompatiblewithpublicinterest.
• (2)The unit shall notify the applicant,in writing,of the decision to reject an application for admission within fourteen days ofsuch rejection.
• 17.(1) The unit may subject to the provisions of
• section 16,de-register an entity registered under this Act as a civic education provider where-
• (a) the unit has reasonable cause to believe that the entity orits intended civiceducationprogramme has among its objects the pursuit of a civic education programme outside of the framework prescribedby section100oftheCounty Governments Act,an unlawful cause or a purpose prejudicial topublicinterest;
• (b) the entity fails to comply with any directive issued by the unit to ensure compliance with the provisions of this Act;
• (c) themembers of theentity fail to comply with the provisions of their constitution or rules or the provisions of this Act;
• (d) the entity fails to submit any information required under thisAct orrequested by theunit in order to ensure compliancewith this Act;or
• (e) the unit determines that the entity submitted false information or statementsatthetimeof registration ofthecivic educationprogramme
• (2)The unit shall de-register a civic education programme whose parent entity has ceased operations
• under this Act.
• 18.(1) The unit shall,before de-registering a civic educationprogrammeunder section15,issue to the entity a compliancenoticein theprescribed form.

Grounds for de-

registration.

No.17of2012.

Notice of noncompliance.

• (2)A compliance notice specified under subsection (1)shall-
• (a) be in writing;
• (b)notify the entity of the non-compliance and the steps it is required to take in order to ensure compliance;and
• (c)inform the entity of theperiod within which it is required to complywith thenotice.
• (3)The unit may upon request by the entity and where
• there are sufficientgrounds shown by the entity,extend the period ofcompliance for suchperiodas the unitmay considernecessary to ensure compliance.
• 19.(1) A person who is aggrieved by the decision of the unit under this Part may within thirty days of being notified of the decision,apply to the county executive committeememberforareviewofthedecisionoftheunit.
• (2) The county executive committee member shall determine an application under subsection (1) within sixty days ofreceipt of the application under subsection (1) and may confirm,vary orreverse the decision underreview.

PARTV-MISCELLANEOUSPROVISIONS

• 20.If an application made under this Act contains any
• matter which is false in any material fact known to any person signing it,that person commits an offence and is liable on conviction to a fine not exceeding five hundred thousandshillingsor to imprisonment fora term ofone year,ortoboth.
• 21.The unit shall submit an annual report to the county executive committeemember on the progress and impact ofcivic education programmes,and the utilization ofallocated resources.
• 22.(1) The Cabinet Secretary may make regulations generallyfor thebetter carryingout of theprovisionsofthis Act.
• (2 Withoutprejudice to the generality of subsection (1),the Cabinet Secretary may,in consultation with the
• Council of County Governors,makeregulations-

Applicationfrom anorderofrefusal

or de-registration.

False statements.

Monitoring and evaluation.

Regulations.

• (a) to set minimum standards and develop guidelines
• for civiceducation in counties;
• (b)toprovideforpayment ofregistrationfees;
• (c) to provide for civic education dissemination in educational institution curriculum;
• d)for the monitoring and evaluation of civic education programmes and initiatives,including the developmentofindicators,methodologies,and tools for measuring the impact and effectiveness
• of civic education activities;
• (e) for thereporting and accountability of county civic education programmes,including the submission ofperiodic reports on the progress and impact of civic education programmes,and the utilization of allocated resources;
• (f) for the coordination and collaboration among county civic education units,national government agencies,non-governmental organizations,civil society organizations,and other stakeholders involved in civic education programmes and initiatives;
• (g)on any other matters necessary for the effective implementation ofthis.
• 23.A county assembly may enact county legislation to give further effect to the provisions of this Act in the respective county.

County legislation.

MEMORANDUMOFOBJECTSANDREASONS

Statement of the Objects and Reasons for theBill

Thepurpose of thisBill is to establish a legal frameworkfor the promotion of civic education in Kenya as an essential tool for building responsible citizenship,civic engagement,and democratic values among the citizens.

Civic education plays a critical role in shaping the attitudes, behaviours and values of individuals towards their community,country and the world at large.It enables citizens to understand their rights and responsibilities,participate activelyin the governance of their country and contributeto thedevelopmentoftheircommunities.

Despite the importance of civic education,Kenya currently lacks a comprehensive legal framework that provides for its promotion and regulation. Civic education activities are often fragmented,ad hoc and insufficiently funded resulting in low levels of civic awareness and

engagement among the citizens.

ThisBill seeks to address this gap by establishing a legal framework in civic education,including the national and county governments and

that defines therolesandresponsibilities ofvarious stakeholders involved non-governmental organizations.

The enactmentof thisBill into lawwill contribute significantly to the promotion of responsible citizenship,civic engagement,and democratic

values among the citizens of Kenya,which are critical for building a prosperous,peaceful,and democratic nation.

Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms

The Bill confers on the Cabinet Secretary the powers to make

regulations under the Act.The Bill does not limit fundamental rights and freedoms.

Statement on how the Bill concerns county governments

The Bill concerns county governments in terms of Article 11o(1) (a)

of the Constitution as it contains provisions that affect the functions and powers of the county governments.The Bill providesfor the role of county governments in relation to civic education which is provided for under section 100 of the County Governments Act,2012.The Bill therefore concerns countygovernments.

Statement that the Bill is not a money Bill,within the meaning of

Article 114of the Constitution

This Bill isnot a money Bill within the meaning of Article 114 of the

Constitution.

Dated the22ndFebruary,2024.

ESTHER OKENYURI, Senator.