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    Culture For Sustanable Development

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    Culture For Sustanable Development

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    dansymon83
    20 views28 pages

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    Culture for Sustanable Development

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    20 views28 pages

    Culture For Sustanable Development

    Uploaded by

    dansymon83

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    © All Rights Reserved
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    Download as pptx, pdf, or txt
    of 28

    CULTURE FOR SUSTANABLE DEVELOPMENT

    KCAU 006

    CAT ONE
    GROUP L.
    Group members;

    1. George gore 21/09109


    2. Angwenyi jones 22/07008
    3. Bravin amonga 21/08062
    4. Betty wariara 22/06785
     Elias toto odula 16/09349
    1. Chauntelle nyambura 22/06535
    2. Jared olambo 22/06618
    3. Jeremiah bravis 22/07958
    4. Laibuni mickey 22/07377
    5. Linus chacha mwita 22/06535
    6. Mitchael ityeng 22/06174
    7. Risper wambui 22/05938
    8. Victor mwai 21/06411.
    The constitution & culture.
    Intro;
     The Kenyan Constitution & culture intricately weave together the legal
    framework & societal norms that shape the nations identify.Enacted in 2010,
    the constitution stands as a beacon of democratic principles, emphasizing
    human rights,equality & devolved governance.This document reflects Kenya’s
    commitment to fostering a just & inclusive society.Culture deeply rooted in
    Kenya’s diverse ethnicities, traditions & beliefs, plays a pivotal role in shaping
    the nations identity.The dynamic interplay between the constitution & culture
    raises thought provoking questions about the balance between modern
    governance & preserving historical roots.
    Cont;

     Kenya’s Constitution in article 11 recognizes culture as the foundation of the


    Nation & as the cumulative Civilization of the Kenyan people & Nation.The
    article commits the government to promote all forms of national cultural
    expression & to protect the intellectual properly rights of the Kenyan
    people.The placing of the culture in the constitution is indeed a milestone,as
    cultural development matters now have a legal basis & a better chance of
    legislation enacted & better funding.Article 2 in the kenyan constitution aims
    at ensuring the fullest possible expression on culture & heritage in all their
    facets including equal access for all cultures to scientific & technological
    knowledge including digital forms.
     It commits the government to promote all forms, national & cultural
    expressions through literature,the Arts, traditional celebrations, science,
    communication, information,Mass media, publications & libraries.
    The state shall;

     Promote all forms of national & cultural expression through Literature, the
    Arts, science, communication, information , Mass, Media, Publication & other
    Cultural heritage;
     Recognizes the role of science & Indigenous technologies in the development
    of the nation
     Promote the Intellectual property rights of the people of Kenya.
    Parliament shall act legislation to;

     Ensure that communities receive compensation or royalties for the use of their cultures
    & cultural heritage;
     Recognizes & protect the ownership of indigenous seeds & plants varieties,their generic
    & diverse characteristics & their use by the commuties of Kenya.
    Cont;

     The previous constitution adopted after independence did not have a chapter
    on culture,however the current constitution promulgated in 2010 devotes
    chapter 2 on cultural matters that identify the nation & creates unity & peace
    hence several bills are yet to be drawn to facilitate implementation of issued
    to drive the sector,several other parts of the constitution supports the
    development of culture.Scope of the measure:Local,Regional,National main
    feature of the measure are to be implemented by communities receiving
    compensation or royalties for the use of the cultures & cultural heritage.
    Cont;

     The constitution obligates the state to promote all forms of national &
    creative expression through literature,the Arts,celebrations,science,media,
    communication,heritage & Libraries.It behoves the state therefore to initiate
    & support in the advancement of culture, creativity & innovation,build the
    requisite infrastructure,source markets for creative goods & services & put in
    place incentives for the growth of the sector.
    Cont;

     Creative work thrives best in an atmosphere of freedom.Therefore any


    legislation targeting the sector ought to be within the parameters set out in
    Article 24 of the constitution.Moreover ,it must take into account Article 10 of
    the constitution(on national values & principles of governance) & Article
    33(on freedom of expression which encompasses the freedom to seek, receive
    or impact information or ideas; freedom of artistic creativity).The fact that
    artistic creativity is mentioned is significant.In the past
    novelists,poets,cartoonists & playwrights have been imprisoned because of
    expressing their ideas on corruption, inequalities & misuse of power by public
    officers.This right is now constitutionally guaranteed.
    Cont;

     Media are critical to culture & the Arts.Article 34 sets out the freedom of the
    Media & further provides that the state shall not exercise control over or
    interfere with any person engaged in broadcasting,the production or
    circulation of any publication or the dissemination of information by any
    medium;penalize any person for any opinion or view or the content of any
    broadcast, publication.In addition, Article 34 of the constitution mandatorily
    restricts the state from interfering with any broadcast.
    Cont;

     The constitution is anchored on culture & the people,whose supremacy is underlined


    severally,The foundation function of the constitution means that all political,
    economic, social, technological & artistic elements manifest our collective way of
    becoming.Indeeed all state actions ought to be guided by the mutually agreed &
    constitutionally protected cultural principles & values & all public officers at the
    national & county levels have the responsibility of ensuring adherence to the unity of
    national purpose enshrined in the constitution & especially under National values &
    principles of governance.The constitutional provisions echo the sentiments of many
    cultural scholars involved over the years in ensuring that culture & artistic freedom
    were protected in the constitution.The ideas of these scholars started coalescing
    around the constitution of
     Kenya Review Commission, The Ad hoc Committee on Culture at the Bomas of Kenya
    Constitutional Conference & the consultative Committee on Culture & the
    constitution.The freedom to imagine & create art & culture is correctly viewed by
    these scholars as integral to political & economic transformation.
    Cont;

     The constitutional cultural implications in Kenya involve the alignment and


    tension between the legal framework outlined in the constitution and the
    diverse cultural practices and norms within the country. Kenya’s 2010
    constitution aimed to address historical injustices, promote inclusivity, and
    respect cultural diversity. This includes recognizing customary law alongside
    formal legal systems. However, challenges may arise in balancing
    constitutional rights with traditional practices, especially in areas such as
    gender equality, minority rights, and land tenure. Scholars and legal experts
    often analyze these implications to assess the effectiveness of the
    constitutional provisions in fostering a harmonious coexistence between the
    legal and cultural spheres in Kenya.
    Conclusion;

     The synergy between the Kenyan Constitution & culture epitomizes the
    delicate dance between progress & heritage.The constitution provides a legal
    framework for a democratic nation,while culture infuses the society with rich
    traditions & values.As Kenya navigates it’s path forward,it is essential to
    continually engage in dialogue that ensures constitutional principles a lign
    with cultural nuances.By acknowledging & embracing the multifaceted layers
    of identity,Kenya can stride confidently towards a future that harmonizes
    modern governance with the tapestry of it’s diverse cultural heritage.
    References

     Appiah,K.A.1992.In My Father’s House: Africa in the philosophy of culture.New York


     Ghai,Y.P & Ghai,J.C.2011.Kenya’s Constitution:An Instrument for Change.Nairobi:The Katiba


    Institute.

     Deacon,H.2016.”A comparative Review of Cultural Rights Provisions in the Kenyan


    Constitution;Report for the project cultural rights & Kenya’s New Constitution,based on a desk
    study.

     Belder,L.& Porsdam ,H.2017.Negotiating Cultural Rights.Issue at stake,Challenge &


    Recommendations.

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