CS Intermediate Level
Public Sector Governance, Policy and Administration flashcards
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Complete Flashcard Reference
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What are the three grounds of judicial review classified in the GCHQ case?
Illegality: the decision-maker must correctly understand and give effect to the law empowering it to act. Irrationality (Wednesbury unreasonableness): a decision so unreasonable that no reasonable authority could have made it. Procedural impropriety: failing to follow fair procedure or the rules of natural justice. Judicial review examines the legality of a decision, not its merits.
What are Kenya's two levels of government under the Constitution, 2010?
National government: functions of national scope, such as defence, foreign affairs and national economic policy. County government: one of 47 devolved units, each with an executive (the governor) and a legislature (the county assembly), responsible for the functions assigned under the Fourth Schedule.
What are the five stages of the policy cycle?
Design: identifying the problem and the options available. Formulation: choosing among the options and specifying the policy in detail. Implementation: putting the policy into effect through administrative action. Monitoring: tracking whether implementation is proceeding as intended. Evaluation: assessing whether the policy achieved its intended results.
How do Medium-Term Plans and County Integrated Development Plans fit together?
Medium-Term Plans (MTPs) are five-year national plans implementing Vision 2030 in phases. County Integrated Development Plans (CIDPs) are each county's own five-year development plan, required by the County Governments Act, 2012, and the basis for county budgeting. Counties are expected to align their CIDPs to the national direction.
How does the rational model of policy analysis differ from the incremental model?
Rational: systematically identifies all options, weighs them against objectives and selects the optimal one. An idealised standard rarely fully achieved. Incremental: makes small adjustments to existing policy rather than starting from a blank slate, reflecting real political and administrative constraints (Lindblom's 'muddling through').
What are the four principles of genuine public participation?
Timeliness: early enough to actually influence the decision. Accessibility: information and forums are reasonably reachable by the affected public. Inclusivity: open to all affected groups, not a select few. Good faith: government genuinely considers the input rather than treating participation as a formality.
Which body enforces Chapter Six of the Constitution, and under which statutes?
The Ethics and Anti-Corruption Commission (EACC), established under the Ethics and Anti-Corruption Commission Act, 2011. Alongside the Leadership and Integrity Act, 2012, it enforces Chapter Six, investigating and pursuing violations of leadership and integrity requirements by state officers.
Which statute governs each stage of the public resource cycle?
Overall framework and budgeting: the Public Finance Management Act, 2012. Spending (acquiring goods, works and services, and disposing of assets): the Public Procurement and Asset Disposal Act, 2015. Oversight: the Public Audit Act, 2015.
How does privatisation differ from divestiture?
Privatisation: transferring full or majority ownership of a public enterprise to private hands. Divestiture: the state reducing or disposing of its ownership stake, which may fall short of full privatisation. The difference is one of degree: be precise about which a scenario describes.
How should you approach a public sector case study?
First identify which part of the machinery the problem sits in: administrative capacity, policy design, citizen participation, governance, resource stewardship or the public enterprise structure. Then apply that chapter's concepts and legal framework to the facts, citing the specific constitutional provision, Act or institution (Article 10, the PFM Act, the EACC, the Auditor-General).
Trace the evolution of public administration theory.
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What does Luther Gulick's POSDCORB stand for?
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Distinguish authority, power and influence.
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What does the Fair Administrative Action Act, 2015 do?
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What did the GCHQ case hold about decisions made under the royal prerogative?
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What are the main challenges of public administration?
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What is the legal framework for devolution in Kenya?
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Why must separation of powers not be confused with devolution?
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Which coordinating structures does the Intergovernmental Relations Act, 2012 establish?
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How must a dispute between national and county government be resolved?
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Give examples of national and county functions under the Fourth Schedule.
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What is public policy, and what justifies it?
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What is agenda setting, and who shapes it?
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How does policy design differ from policy formulation?
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How do classical and neoclassical development models differ?
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What does political economy analysis add to the study of development policy?
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What are the characteristics of effective plans and policies?
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Why must a policy problem be diagnosed and defined before solutions are assessed?
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Name four tools of public policy analysis.
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What is the purpose of stakeholder analysis in the policy process?
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Distinguish civic education from public participation.
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What is the legal basis for public participation in Kenya?
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What did Robert N. Gakuru & others v Governor Kiambu County & 3 others [2014] eKLR decide?
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What challenges commonly undermine genuine public participation?
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Why does the stakeholder model of governance suit public entities better than the shareholder model?
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Distinguish a rules-based approach to governance from a principles-based one.
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What did Mumo Matemu v Trusted Society of Human Rights Alliance & 5 others [2013] eKLR hold?
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How can a public entity handle ethical and integrity challenges?
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Distinguish revenue from debt as sources of public resources.
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What framework do public budgets follow, and what is the annual cycle?
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How is public spending held to account after the fact?
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What are the cases for state provision and for market provision?
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What is a soft budget constraint, and why does it matter?
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What is commercialisation of a public enterprise?
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What is a public-private partnership?
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How is a public enterprise in Kenya governed?
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Why check whether a case study is set at national or county level?
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