Governance, Institutions and the Human Condition

Rachel

Description

Strathmore University organised the Fifth Annual Ethics Conference on Governance, Institutions and the Human Condition. Research papers were presented in four sessions, corresponding to four key milestones in the crisis that almost tore Kenya apart in January - February 2008: Constitutional law, Institutions, Education and the Land Issue. This book compiles the papers presented at the Conference by outstanding scholars and renowned personalities.

Sujets

• Law

Informations

• Publié par: LawAfrica Publishing Ltd
• Date de parution: 29 décembre 2009
• Nombre de lectures: 1
• EAN13: 9789966031730
• Langue: English
• Poids de l'ouvrage: 2 Mo

Extrait

Elizabeth W. Gachenga
Governance, Institutions and the
Luis G. Franceschi
Migai Aketch
David W. Lutz
Human Condition
Governance, Institutions and the
Human Condition
TO THE MEMORY of Prof H. W. O. Okoth-Ogendo, a great teacher
and scholar. He chaired the session on Land during the Fifth Annual
Ethics Conference. He died on 24 April 2009, while this book was
being printed.
Strathmore University organised the Fifth Annual Ethics Conference
on Governance, Institutions and the Human Condition. Research
papers were presented in four sessions, corresponding to four key
milestones in the crisis that almost tore Kenya apart in January - Governance,
February 2008: Constitutional law, Institutions, Education and the
Land Issue. This book compiles the papers presented at the Conference by outstanding
scholars and renowned personalities. Institutions and the In Africa the constitution has been regarded primarily as the means for creating structures
and powers of the state, and the limitations on them. It seldom represents continuity in the
development of public power. The colonial constitution replaced traditional sources of
authority by alien rule. The independence constitution replaced the colonial with
democratic indigenous rule. None of them had much connection with the reality of Human Condition
where power was located or the manner in which it was exercised, any more than the
institutions of accountability had connection to the dynamics of society.
Yash Pal Ghai Editors
The innumerable mega-corruption scandals, violence, school unrest, tribalism and
ethnicity are all linked to a defective education system driven by a utilitarian philosophy Elizabeth W. Gachengathat emphasizes consumerism, self-centeredness and "diploma disease" - a condition
characterized by desire to have as many academic certificates as possible with the
misplaced belief that the more you have the more well-off you shall be. Luis G. Franceschi Justus Mbae
The frequent land clashes and the inability of some displaced persons to repossess their Migai Aketch
land after land clashes is a clarion call to Kenyans to deal with the land question before it
becomes unmanageable. Dealing with this question is not as much a matter of doing what
is legal as of doing the right thing in the circumstances. Legality must be tempered with David W. Lutz
ethics, equity and fairness.
Patricia Kameri-Mbote
ISBN 9966-7384-4-4
6 164000 597138 www.lawafrica.com



GOVERNANCE,
INSTITUTIONS AND THE
HUMAN CONDITION GOVERNANCE,
INSTITUTIONS AND THE
HUMAN CONDITION



Editors
Elizabeth W Gachenga
Luis G Franceschi
Migai Akech
David W Lutz





Published by:
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Website: www.lawafrica.com
© Strathmore University 2009

ISBN 9966-7384-4-4

TABLE OF CONTENTS
Page
Dedication...................................................................................... vii
Contributors................................................................................... viii
Acknowledgments.......................................................................... xi
In Memory of................................................................................. xii
Introduction
PART I: Constitutional Law
Creating a New Constitutional Order: Kenya’s
Predicament – Yash Pal Ghai.................................................... 13
Courts and Written Constitutions: Respecting the
Written Text – Richard G Wilkins........................................... 31
PART II: African Institutions and Ideals
Why is Post-Colonial Africa so cruel? And why are we
so silent? – Bethwell A Ogot ................................................... 55
Philosophical Foundations of Governance
Institutions –David W Lutz....................................................... 71
Ethics of the Rule of Law: Impunity, Public Perceptions
of Justice and Governance in Kenya –Migai Akech ................... 81
The Use of Traditional Conflict Management Methods in
the Nation-State Conflict in Africa – Emma Oketch................. 121
PART III: Education
Something is Rotten in the State of Kenya – Justus Mbae ............ 141
Education and the Problem of Moral Values: The Case
of Kenya – Christine Wanjiru Gichure...................................... 155
The Impact of Conflict on Learning in Northern
Uganda and Rwanda – Martyn Drakard.................................... 177
Addressing Human and Social Development: The Experience
of Strathmore University – Carlos Sotz ..................................... 195



vi Governance, Institutions and the Human Condition

PART IV: Land
The Land Question in Kenya: Legal and Ethical
Dimensions – Patricia Kameri – Mbote..................................... 219
Landholding and Ethics: Critical Issues for Kenya’s
Rural Economy – Tom M Konyimbih 247
Land Tenure Ethics and Land Value Taxation- JA Ainsley .......... 269
Evidence based Policy: How does the Draft National
Land Policy measure up? – Michael Norton – Griffiths,
Thomas Wolf and Raul Figueroa.............................................. 305
Bibliography................................................................................... 331DEDICATION
To the late HWO Okoth Ogendo. A great scholar and fondly remembered
teacher.
CONTRIBUTORS
Bethwell Ogot is professor emeritus from Maseno University and currently the
Chancellor of Moi University (Kenya). Ogot was educated at Makerere University,
St. Andrews University and the School of Oriental and African Studies, University
of London. He has been Chair of the Department of History, University of
Nairobi. He has authored several books touching on various aspects of Kenyan
history.
Carlos F Sotz holds a degree in Education and a PhD from the University of
Navarre (Spain). He was the Principal of Strathmore College from 1992 until 2003
when it became a University. He then became the University Secretary responsible
for the finance and administration and is currently the Vice Chancellor: Planning
and Development.
Christine W Gichure is Associate Professor at Kenyatta University in the
Department of Philosophy and Religious Studies (Philosophy Section). Her area of
specialization is Applied Ethics with particular interest in the Promotion of Business
Ethics in Africa. Professor Gichure is a former Chairperson of the Department of
Philosophy (Kenyatta University) and a Fulbright Senior Scholar in the area of
Leadership and Business Ethics.
David W Lutz received his MBA and PhD in philosophy from the University of
Notre Dame. He is Senior Lecturer in Philosophy and Management at the
Catholic University of Eastern Africa. He is also a co-editor of this book.
Elizabeth W. Gachenga is an advocate of the High Court of Kenya and the
Faculty Manager of the Institute of Humanities, Education and Development
Studies, Strathmore University, Nairobi. She holds a Master of Laws Degree in
Environmental Law. She is a co-editor of this book.
Emma Laura Awino Oketch is an assistant lecturer at the Institute of Diplomacy
and International Studies University of Nairobi where she has taught since 2002.
She holds a Bachelor of Arts Degree in Political Science and English Literature, and
a Master of Arts Degree in International Studies from the Institute of Diplomacy
and International Studies. She is currently pursuing a doctorate at the same
Institute. Her areas of specialization are International Conflict Management,
Continental African Politics, African International Relations and Social Science
Research Methods.

Contributors ix

John Ainsley holds a Bachelor of Science degree in Chemical Engineering from
the University of Manchester, United Kingdom. A Master of Science in Automatic
Control Systems Theory, and a PhD in the Theory of Supercalendering (a branch
of Applied Physics) from the University of Manchester. He has presented papers in
several conferences in Kenya on the land issue. He is currently based at Strathmore
School. His research areas of interest include: land, taxation, monetary reform,
community currencies, globalisation and economic justice.
Justus Mbae is an Education and Cultural Affairs specialist, at the Embassy of the
United States, Nairobi. He holds a Bachelor of Education from Kenyatta
University, a Master of Arts in Philosophy, University of Nairobi, and a PhD in
Philosophy (National University of Athens, Greece). His area of specialization is
Ph