Kenyan Woman Issue 8

1

Issue Number 08 • August 2010

Issue Number 08 • August 2010

Calling for Peace Seeking a non-violent environment in post-referendum …By Jane Godia

O

nce upon a time, no one could discuss women’s issues at any political meeting, government document or public rallies. Then, women were regarded as second class citizen with no rights and no issues worth attending to.

Hope Today, the women are holding hope in their hands. They are hoping against all odds that the Proposed Constitution will pass. They have faith that what is good in the new law supersedes all other bad things therein.

And as they nurse their hopes, the women are also hoping that peace will prevail. They want the new law but also want Kenya to be peaceful. What has happened in the country previously with Referendums and General Elections has left many women devastated by the acts of violence that reign. Often they have been beaten for voting against the wishes of their spouses. They have not been allowed to make free and independent judgment of what in their opinion is an informed choice.

With the Proposed Constitution, there are many positive gains for women. However, there are those who are not happy with the new law and tensions are building up as to what will happen to the losers and winners.

But women generally want peace whether the constitution passes or

not. There are those saying they will not vote for fear of violence. But will abstaining from taking the ballot during the Referendum on August 4 make life any safer for them?

Details emerging indicate that ru-

ral and slum women are afraid. Many will not vote but if there will be a conflict they will still be affected whether they voted or not.

However, whether the women will be from the slums, rural or urban

areas they will be affected in the same way if peace does not prevail.

Speaking at a Women’s Roundtable Talks at the Fairmont Norfolk

Women at the rally in Kibera dance to the gains as they called for calm during and after the referendum voting on Wednesday.

Picture: Correspondent

Continued on page 2

EDITORIAL

Women must sustain interest for reforms beyond referendum

A

lthough women constitute majority of the population and potential voters, there has been a strong perception that this constituency is not only detached from politics but shows little initiative to engage in public discourse around issues of leadership and governance.

Over the years, however, there has been a strong paradigm shift by women who now want to be part of the political processes. This has been made possible by a consciousness that the leadership of a country defines the living standards of the people.

Precedence has shown that generally women are more concerned with the needs of here and now; putting food on the table and

ensuring that the family enjoys a decent standard of living.

But with the consciousness that this is also influenced by what is happening in governance positions and processes, women have now more than ever embraced the idea of being active participants especially in reforms.

When Kenya was rocked by unprecedented violence in 2007, women and children were the most affected. They were subjected to violence and abuse. Many learnt bitter lessons from that experience and are aware that certain changes are needed in our institutions to ensure that such brutality never happens again.

It is this understanding that has inspired many women to receive civic education and to want to understand their role in the reform

processes, key among them being the Constitutional review.

It has been many years since the struggle for gender equality gained momentum and women have continued to express dissatisfaction with their representation in key decision making processes.

This referendum period is, therefore, a ripe moment for women especially in grassroots to play an active role in making history.

Since the Proposed Constitution was put out, numerous meetings have been held to ensure that women are not left behind as the country engages in a move forward gear.

It is, therefore, a major gain that in these meetings women have availed themselves in their droves and are seemingly giving this pro-

cess the seriousness it deserves.

The Proposed Constitution reflects an understanding of the marginalization of women and has made deliberate efforts to correct the injustice by incorporating a Clause on Affirmative Action.

The need for women’s empowerment through the most significant law of a country, the Constitution, cannot be overemphasized; it is not a battle of the sexes but an avenue to ensure that no gender is more exposed than the other.

Having a new Constitution in place is critical but it just the beginning. It is, therefore, important that the same zeal and enthusiasm that women have shown throughout the reform process does not wane after August 4.

2

Issue Number 08 • August 2010

The time for change is now, says minister are also other positions available that they would vie for.

“This is the best Constitution ever seen in the world, where all genders are taken care of. So as women let us support it and make it go through since we have the numbers,” she urged.

The minister said in Africa it is only Rwanda where parliamentarians are 50-50, with Uganda at 47 percent female representation. Tanzania is trying to balance but is not yet there and Kenya is still far away from getting there.

…By Henry Owino

W

omen have been challenged to take the initiative to ensure the Proposed Constitution goes through at the referendum.

“It is either now or never as time has come for Kenyans to forward,” said Ms Esther Murugi, Minister for Gender.

Democratic governance Speaking at the official launch of the third Gender and Governance Programme aimed at ensuring women enjoy their civil and political rights as well as participate in democratic governance, Murugi said women have the obligation to pass the Proposed Constitution.

Murugi reiterated the fact that women form about 52 percent of the Kenyan population and, therefore, can have the say come referendum. She said the Proposed Constitution has seats slotted for women only while at the same time there

“This is the best Constitution ever seen in the world, where all genders are taken care of. So as women let us support it and make it go through since we have the numbers.”

— Esther Murugi, Minister for Gender

Gender equality She outlined the disparate situation where there are only six female ministers out of 42 ministries. The minister encouraged women to take up positions in governance and stop looking back as if men were the only people created for leadership in the African continent.

Her Excellency Ambassador Heli Sirve, of the Embassy of Finland urged women to strive for

leadership positions since that is the only way to come up with good leadership, fight rampant corruption and end persistent wars in Africa.

“Women in leadership positions have demonstrated that they can lead others better than their male counterparts,” explained Sirve.

She said the Government of Finland is fully committed to the issues of gender equality and women’s rights. “Finland cherishes the ideals of equal protection of everyone one in society and equal participation in the governance and development processes of the country,” stressed Sirve.

However, the Ambassador expressed concern over the alarming numbers of girls dropping out of school especially in Nyanza and Western provinces. She challenged the Ministry of Education and other stakeholders to protect the girlchild from societal abuse “so that they too can achieve their dreams and become leaders of tomorrow”.

Women make their voices heard

W

…By Henry Owino omen from Nairobi Province have come out clearly to defend the Proposed Constitution of Kenya come August 4 2010.

The women conference came just three days to the final journey to the ballot box for Kenyans to decide whether they want to adopt the new constitution or be left with old one. They had this to say:

Mrs Benter Nyamwita Rogito, from Kasarani “The only reason I am going to vote ‘Yes’ for the constitution is the fact that men (husbands) will not just sell land without women’s (wives’) consent. Men have taken women for granted for a long time due to the restrictive constitution that Kenya has currently. Women have had enough family wars in land disputes when one wakes up in the morning to till the shamba, and a stranger stops them claiming the piece land had been sold to them. I cannot wait for the referendum day to come as I could even vote YES today.”

Ms Ruth Atsioya “I am happy in that I will have a say in deciding the country’s future.

The Proposed Constitution states clearly that abortion is not permitted unless in the opinion of a professional health practitioner when the life of the mother is in danger or any other written law. The clause is very clear and those who are misinterpreting it should stop doing so.”

Ms Betty Tett, former nominated Member of Parliament “Voting ‘Yes’ is the only way in which women will make their voices heard in Parliament as they will have numbers. They will also have equal representation of gender in all public offices. With the devolved government, more grassroots women will be represented at the county level and this will help check corruption in the government offices.”

Mrs Anastasia Otieno “Affirmative Action is good especially now that persons from marginalized and minority groups are going to be recognised in the proposed law. Women should not to stay at home on the day of the referendum and assume the proposed document has gone through. Every woman should ensure that she participates in the historical exercise for the sake of generations to come.”

Ms Naomi Wagareka, FIDA Kenya Chairperson “Women must vote for the Proposed Constitution peacefully as this is the only chance they have to make or break their future. The new law has a lot to offer for the women especially in Parliament as 47 seats will be set aside for women to vie and run against themselves. Those going round the country spreading lies to people to vote ‘No’ have a few days left to be shown that lies do not last. Kenyans are clever and times when politicians used to hoodwink them with freebies are long gone.”

Calling for Peace in post voting Hotel, women’s organizations leaders said: “As mothers, when all is said and done, we have Kenya to live in. When a woman is raped, it is neither ‘Yes’ nor ‘No’ that will be responsible for the consequences.”

Fears These fears in the final push to the referendum have left women’s organisations leaders all rallying the call for peace. Led by the FIDA Chief Executive Officer, Ms Grace Maingi-Kimani, the women sounded the drums for peace in the post referendum period. Women must work towards ensuring that peace prevails whether the Proposed Constitution is passed or not. “We must foster dialogue of the referendum and discuss peace because it is women that suffer the brunt of violence when there are chaos,” Kimani said.

And the call for peace reverberates not only in the country but across the borders of the Great lakes Region and the Horn of Africa. Whether they are speaking in Kisumu and Kuresoi within Kenya, or in Kampala Uganda, women said the most important thing for them is that there will be peace in the region.

“Sisi kina mama lazima tuombee nchi na vijana wetu ili tuwe na peace wakati wote (We must pray for our sons and the country so that peace prevails throughout),” said one woman in Keringet, Kuresoi.

It is the echo of peace that forms the foundation that marks the aftermath of the referendum in Kenya.

Women know that without a peaceful environment they cannot survive because they end up as the biggest casualties in times of conflict.

Upholding peace In 2005 when Kenya held the first referendum, women suffered political and sexual violence. They fear that the same thing could happen to them this year. They are calling on all political leaders to rally their followers to uphold peace. “As a country we are bigger than the ‘Yes’ or ‘No’ camps and therefore, we must remember that whichever side wins or loses, the country will remain with us,” said Ms Lisa Chelule, Women’s regional Assembly Coordinator in Keringet, Rift Valley.

Their words have been echoed by other women who do not want the country to fall apart just because of a Constitution despite its importance.

Speaking at the Fairmont Norfolk at the Women’s Roundtable Talks, Prof Wanjiku Kabira said there are anxieties and fears about the election.

“There is need to ensure that peace prevails irrelevant irrespective of who wins,” said Kabira.

She reiterated that the myths being said about the Proposed Constitution were creating fear. For instance, there are fears that with Kadhi’s Courts mosques are going to sprout everywhere in this country. She added that a lot of lies being spread were causing fears and there was need to promote peace and demystify the myths.

3

Ambassador of peace Issue Number 08 • August 2010

Deka Abdi leads women in the art of preaching calm …By Abdullahi Jamaa

C

onflict in the Horn of Africa is greater than in any other region within the continent. It has had disproportionate effects on the communities with women being the greatest victims.

The war in the region has left many people dead, many women widows and many children orphaned. However, there have also been cases of impunity where women have been raped and left suffering both psychological and physical effects.

Taking initiative On realising that they will continue to suffer if they did not take matters in their hands, women from the Horn of Africa took the cue to bringing peace in the region. The women from Nairobi, Addis Ababa, Mogadishu, Khartoum and Kampala came together under Women’s Leadership for Peace and Security in the Greater Horn of Africa.

In the volatile region where conflicts forced families to disintegrate, the women started playing the important role in initiating communal unity.

“Women in the Horn experienced the full impact of the conflict and are generally excluded from the decision-making processes that ignite wars and put an end to hostilities,” says Mrs Halima Sheikh, a civic leader in Wajir.

The guiding light to this process has been Mrs Deka Ibrahim Abdi, a veteran civil rights activist and community peace builder.

Abdi has spoken on issues affecting the predominantly pastoral Somali community that lives in the region. However, addressing peace is her priority.

Abdi started the fight for peace about two decades ago. She started by first setting pace towards peace building. At this time the region was groaning under the weight of protracted conflict fuelled by scarcity of resources such as water and pasture.

Setting an agenda Abdi was getting psychologically affected by the death and destruction that was taking place. She needed to set her agenda. “I started by holding peace vigils with signs that says ‘war is not the answer but peace’,” she says.

“Women, the elderly and children were the most vulnerable groups in tribal conflicts. We decided that to make our voices heard, we would be able to end what seemed like endless destruction,” she explains.

Abdi never knew how long it would take to heal the wounds of conflict but she nursed a brimming hope that one day, her community will embrace peace.

“It was a difficult for women to take the initiative of preaching harmony,” she says. “More comprehen-

sively we started to look out for opportunities to realise our mission and vision.”

In the summer of 1993 there was raging conflict between two clans in Wajir. There was widespread anarchy, fear and fire.

Peace campaign As fighting engulfed the community, Abdi and a group of women in Wajir hatched their peace campaign at a wedding hall in one of the villages.

“This was a turning point and it was around this time that we formed Wajir Peace Group. The wedding then provided an opportunity for us to unite and separate the conflict from the social fabric of our society,” she recalls.

Since that day, under Abdi’s leadership, the women have never missed an opportunity to stand with groups, friends and families to preach peace.

“We refused to be victims of conflict. We developed home-grown solutions and started going into homes to talk about the conflict and its effects,” explains Abdi.

True to her own words, the 46year-old mother of four helped develop a campaign of pragmatism to turn the battlefield into a beacon of hope and success.

Through building peace, Abdi learnt to work holistically and understood that from multiple perspectives they could transform the society from violence to peace.

A deserved award Abdi’s efforts in the fight against war and conflict have been globally recognised. She won the Hessen 2009 Peace Award in Germany.

“I think it is electrifying in the sense that I was getting recognition from the world as a person and above all as a Muslim woman who has contributed to peace building in these times,” she says.

The award came together with €25,000 and is one of most prestigious appreciations in recognition of persons advocating for peace and stability in the world.

She says: “It has never been an easy venture to preach peace in the province but all the while we had to rise above all obstacles to realise sanity.”

Her role as woman has seen remarkable achievement in the tireless efforts to engage an efficient response to anarchy.

Over the past few years, North Eastern Kenya, emerged from the

Deka Abdi has been at the forefront in lobbying and advocating for peace in Northern Kenya and the larger Horn of Africa region. Picture: Abjata Khalif edge of an abyss to become one of the most peaceful areas in the East African region.

There has been increased participation of Muslim women in building unity that has helped transform the region from a grisly crime zone to one under sanity.

“We are very much happy about the role women in our region have taken. We are happy that we are now enjoying peace and without them it would have been a hard nut to crack,” says Mr Musa Abdi, a village elder in Wajir. He adds: “I think it is neces-

“I think it is electrifying in the sense that I was getting recognition from the world as a person and above all as a Muslim woman who has contributed to peace building in these times.”

— Deka Ibrahim Abdi

sary that women should join men in the development process too.”

More efforts Like Abdi, many other courageous women from the Horn of Africa are trying to make a difference and at the same time confronting discriminatory cultural and traditional practices.

“There is an urgent need for peace in most of the region,” says Mrs Fatuma Aliyow, a peace crusader in Kenya’s border town of Mandera. “We realised that in every war, women are the worst victims.”

These struggling women living with a society largely shattered by negative feminism have one bold agenda — peace and solidarity for the troubled Horn.

“Our ongoing struggle portrays the advent journey to peace, which is the groundwork for development,” says Ms Amina Hassan, an official of Mandera Women for Peace.

Abdi has now become an inter-

national peacemaker and has started reaching out to the outside world to talk about Islam and peace.

“Many of the Western people have an ill-presumed presumption that Islam is volatile and they cannot imagine that a Muslim can advocate for peace,” says Abdi.

Greater ambition For one who has worked within the tenets of Islam, religion is the basis of her success and now her greatest ambition is to change the perception of the West.

“Over the years, I have loved to work with Muslim religious leaders. They have always allowed me to work within the conformity of my religion,” says Abdi. “It is now my role to preach to the West that Islam is peaceful and can make a peace maker.”

“I believe I won the award because my efforts were recognised as that of being a Muslim peacemaker,” she says.

4

Issue Number 08 • August 2010

No end in education on new law …By Malachi Motano

T

Fida founder member Ms Lillian Mwaura and current chair person Ms Naomi Wageraka and vice chair person Ms Judith Sijeny join women in song and dance at the civic education rally on the referendum in Kibera. Picture: Correspondent

Female mighty power comes to the fore …By Musa Radoli

I

t was a chilly morning. Temperatures had gone down. But nothing was going to stop the 3,000 women on their agenda of the day.

Women from all corners of Nairobi braved the deadly morning chill to go to Kibera in Lang’ata Constituency to indicate their support for the Proposed constitution.

The women’s power was not only asserted by the huge numbers of the women — young and old — who travelled to Africa’s largest slum. It was told by the ease with which they took complete charge of the rally.

The message to the rest of the country was that time had come when they must take control of their rights and destiny as promised by various sections in the Proposed Constitution whose fate is to be decided at the August 4 referendum.

The rally was organised by the Federation of Kenya Women Lawyers (FIDA) with support of its coalition partners in the G10 under the theme saying Building a Legacy of Women’s Rights Protection was a civic education exercise to enlighten the women on the contents of the Proposed Constitution. The meeting purposely sought to demystify contentious issues.

One of the organisers, Ms Immaculate Musya, who is the secretary of Slum Women’s Network says it only took two days to mobilise the more than 2,500 women from Lang’ata Constituency with 200 participants for the remaining constituencies in the city.

“This is just the beginning for the Kenyan women to assert themselves and show their might in the power of voting numbers,” said Musya. She added: “We have the ability to take charge and steer successfully not only the issues concerning women and children of this nation, but also national matters that are going to deter-

mine the destiny of our nation.”

The response demonstrated by the women from Nairobi when called to the rally was overwhelming and a clear demonstration that women indeed wanted change and there was no going back.

Empowerment Speakers told the women that compared to the current constitution, the proposed law is going to empower them. It will also empower young people and children right from the national level to the grassroots to end the perennial male domination of the country’s national issues.

In response to every question raised by speakers at the dais on whether to vote against or for the Proposed Constitution, the crowd roared back: “We want Yes! We want Yes! We want Change! We want Green!”

Former nominated MP, Ms Betty Tett said: “In the Proposed Constitution all of us in this country shall be equal. The document guaran-

“In the Proposed Constitution all of us in this country shall be equal. The document guarantees us all equal opportunity at all levels of governance as various socioeconomic opportunities aspects in our society. It gives power back to the ordinary people and not just a few.”

— Ms Betty Tett, Former nominated MP

tees us all equal opportunity at all levels of governance as various socio-economic opportunities aspects in our society. It gives power back to the ordinary people and not just a few.”

She added: “Considering the fact that women and the youth are the majority in our country, the proposed law is going to give us the power to equally determine the future and destiny of our country using the massive mighty power of our voting numbers which the current constitution has consistently denied the ordinary Kenyans who are the majority since independence.”

She urged Kenyans not be sidetracked by the propaganda of falsehoods as well as sideshows being peddled by those opposed to the document. Tett appealed to Kenyans to read the new law thoroughly and make informed decisions based on facts.

FIDA’s legal expert Ms Wambui Ng’ang’a said: “One of the areas that the document empowers the ordinary Kenyan is in the clause where voters of any constituency or electoral area in the country have the right to re-call nonperforming elected leaders.

Ng’ang’a said the document also empowers women with two thirds of the country’s leadership positions at all levels of elective governance including 47 positions in the National Assembly, 15 in the Senate in addition to those reserved for the youths, the handicapped and marginalized groups.

“There will also be open, free and fair competition for other elective positions right from the national to the grassroots levels,” Ng’ang’a told the women.

It is from this background that the country may experience for the first time the power of women vote that has for decades been consistently divided and never consolidated as a single powerful force to determine the destiny of the country.

he campaign for the Proposed Constitution intensified as the August 4 referendum date drew to a close.

Efforts to educate women on the gains and need to support the new law continued to gain momentum as the country engaged in the highest gear.

Women’s organisations under the G10 joined FIDA and the women from Nairobi and its environs in a major campaign to have them endorse the document.

The meeting was taken to the heart of the grassroots, in Kibera. This was meant to give a clear indication that the Proposed Constitution is not about class or location, but that it will benefit every woman in the country.

Speaker after speaker encouraged the women to accept the Proposed Constitution because for the first time the country’s history the law will allow proper representation of women in Parliament (47 seats). Women will also get genuine space within which they will contribute in Government and make general contributions in the national matters.

The women who are more informed were asked to encourage and help others understand the new law.

Sharing knowledge Lawyer turned politician, Ms Lillian Mwaura said: “It is true that there are people who still do not know how to read. Many times politicians will come and mislead them. Fellow country women do not allow your colleague to be misled. Share what you know with her.” She added: “We would not want the country to fail again in getting a new constitution. Therefore, I ask those who can read to share that God given knowledge with their colleagues.”

Former Nominated Member of Parliament, Ms Betty Tett said: “Let politicians stop empty politics. Kenyans are very bright and are ready to make accurate choices.” She reiterated: “I ask you all as the Interim Independent electoral commission (IIEC) has done in its motto to ‘Jisomee, Jiamulie na Jichagulie (Read it yourself, decide for yourself and vote by your consciousness).”

Themes Having broken down the Proposed Constitution into themes, leaders explained issues they thought were being used to confuse the women.

Addressing the gathering in a cold morning, Ms Wambui Ng’ang’a said devolution should not be an issue anymore.

She explained: “Look at the provincial administration. In the current constitution, a very long protocol is followed. From the office of the president, one goes to the provincial commissioner (PC), district commissioner (DC), district officer (DO) down to the area chief, sub-chief and village elder.”

Ng’ang’a reiterated: “However, in the Proposed Constitution from the Office of the President one goes directly to the county governments. It is easier at that level because the counties are small units to manage even if the provincial administration is there.”

Delving into the country’s history and the struggle for a new constitution over the last two decades, key speakers called for caution and deep understanding of contentious issues before voting for or against the Proposed Constitution.

5

Issue Number 08 • August 2010

Lack of information may affect women’s vote

…By Jane Godia

L

ack of information has been blamed for women’s lack of empowerment. This point has come out more clearly as the country is headed for the referendum vote.

When one does not have the right information then most probably they will operate from a point of misinformation. This seems to be the truth with women in their knowledge of the Proposed Constitution.

It means, therefore, that the way women will vote for the new law depends on the information that is reaching them. However, word from the streets has it that women are not getting the right information with regards to the Proposed Constitution.

Misinformation Speaking at the Fairmont Norfolk Hotel during a Women’s Roundtable Talks organised by FIDA, lawyer turned politician, Ms Lillian Mwaura said women were getting distorted information and needed platforms where issues could be clarified for them.

“Women’s gains have been overshadowed by contentious issues of abortion and Kadhi’s Courts,” said Mwaura. “Women in politics also feel that they do not have a platform to air their views.”

She added: “There is need to make effort and take information to women where they do not understand the Proposed Constitution.”

Reiterating the fact that women are getting the wrong information, Ms Immaculate Musya, chairperson of Slum Women Network said: “Women in the grassroots particularly in the slums are being lied to. They are being told that they will never benefit from the Proposed Constitution as it is only for the rich families.”

She urged: “It is important for the more informed women to go out and talk to women in the grassroots so that they can get the right information.”

Musya added: “The women are being misled along ethnic lines.

Even the people giving information are discriminating them along tribal leanings.”

Women’s leaders are open to the fact that the gains in the Proposed Constitution are not guaranteed and they may not get there. The women called for a concerted effort to change the attitude of both men and women in getting the right information to them.

Ignorance It clearly indicated that as much as women are not informed about what is contained in the proposed law, men are also ignorant of the facts in relation to the new Constitution.

Most men fear that they will lose power over women with the gains that have been entrenched in the proposed constitution and especially in relation to women’s access to land

Thirsting for information, women get copies of the Proposed Constitution at the rally in Kibera. Picture: Correspondent. and property. The Executive Director League of Muslim Women in Kenya, Ms Maimuna Mwidau said: “There are genuine fears over women’s gains and men fear that with inheritance the women will no longer respect them.”

She added: “This is because the women are not clarifying issues on the ground. Women need to come out and speak everyday about the new law.”

She elaborated her lack of freedom to say women have not been able to move freely under the current constitution.

Siele indicated that the new law would ease life for women and they will be more empowered not only socially but also economically.

“Tuta pata nafasi ya kufanya vitu vya maendeleo kama tutaweza kupata hii katiba (we will be able to advance

our cause and have a better life with the Proposed Law)” she said.

When a debate on abortion came up and women needed clarification, Siele wondered what the debate was all about when doctors have always assisted pregnant women when their lives were in danger.

“Hivyo ndivyo mambo imekuwa na sijui watu wanapinga katiba mpya kwa nini (That is how things have

been and I wonder why people are opposed to the Proposed Constitution),” Siele wondered.

“Young people are not able to identify with the Constitution review process. Most of them have neither seen nor read the document,” said Matovu.

Information is power and this is what allows one to speak or make decisions from an informed positions.

Church This fact was echoed by Ms Wanjiru, from Daughters of Mumbi organisation who said that the challenge came from the fact that women are not able to read the Draft. “They have seen it but have not read,” Wanjiru said. “There is need to engage with women who have been unable to read the document.”

She also said that respect for church was affecting women’s views on the Proposed Law. This fact was reiterated by Musya who said it was a challenge to have women meeting because the church was always calling them. “The church has dominated women and getting them to attend a meeting is not easy as that is where their loyalty lies.”

The Executive Director of African Women’s Development and Communications Network (Femnet) Ms Nora Matovu reiterated that the gains in the proposed Constitution have made women more complacent. “If the Constitution is voted ‘No’, it will not be easy to get to a point where we are now.”

Grassroot women However, a few grassroots women are clearly aware of what the new law means for them. “Nina taka hii katiba mpya kwa maana tumekuwa tuki pimiwa hewa (I want this new law because we have been denied a lot),” said Ms Susan Siele during a Media Dialogue in Keringet, Rift Valley.

Most men fear that they will lose power over women with the gains that have been entrenched in the proposed constitution and especially in relation to women’s access to land and property.

A glittering light of hope for those married to non-Kenyans

…By Yash Ghai

A country is its citizens. Citizens have certain rights and privileges in any country that non-citizens do not have.

In most countries only a citizen can vote, and usually only a citizen can be an MP, or hold certain posts (for example many countries would not permit a non-citizen to be an army officer).

A citizen always has a right to be in their own country; other people have to get special permissions such as visas and work permits.

Citizens also have obligations over and above those they share with other residents (such as paying taxes). In some countries citizens have an obligation to serve in the national service, and are liable to be called to join or fight with the armed forces.

Although the general principle is that all citizens are equal, many Kenyans have been excluded from full citizenship. Many citizens, among women as well as minorities, complained to the CKRC about discrimination.

Although the Proposed Constitution has retained existing categories of citizenship, carrying differential rights, it removes some forms of discrimination, as follows: both men and women can pass citizenship to their children (Article 14(1)); both men and women married to Kenyan citizens may become citizens (Article 5)(1); a person born

outside Kenya is a citizen, provided that at least one parent is a citizen (though this could be limited by law to prevent citizenship passing from generation to generation through people who have no active connection with the country) (Article 14); all citizens are entitled to identity cards and passports (Article (1) 12(b)); How does this differ from the current Constitution?

Under the existing Constitution children born outside Kenya only become citizens if their fathers are citizens; now having a citizen mother will be enough. Until now a man married to a Kenyan woman had no right to become a Kenyan, but a woman married to a Kenyan man did (the foreign husband would have had to apply after living in the country for some years, in no different position from any person not married to a citizen).

Now a wife will have to wait longer to become a citizen, but both men and women married to Kenyans will be in the same position as far as becoming citizens is concerned.

At present the Constitution prohibits any person from holding Kenyan citizenship and that of another country (except for children, who can hold dual citizenship until they are 21 and then must decide).

It will now be harder for foreigners living in Kenya to become citizens in the sense they will have to wait longer (seven years’ continuous residence instead of four years in the pre-

ceding seven years).

The existing Constitution says nothing about adopted children or children whose parents are unknown.

Why dual nationality?

People sometimes feel that one ought to be — or even can be — loyal to one country only. A clear majority of those who expressed a view to the CKRC felt that it should be possible to have dual citizenship, though others felt that a person ought to make a choice. In the modern world many people spend part of their lives in one country and part in another.

That is good not just for them but for international understanding and international commerce. Dual nationality means that they can more easily travel between the countries in which they have an interest. The arguments in favour of dual citizenship include that such a person might actually be more inclined to retain a connection with Kenya if it is possible to retain citizenship.

Another issue in Kenya relates to pastoral peoples; some of these groups move across national boundaries with their herds. This may make it very difficult to obtain citizenship (because there is a tendency for officials to suggest that they ‘belong’ on the other side whereas the truth is that they belong on both sides of the border).

In reality many people even now do have two or more passports. Not to permit this to be done lawfully is an invitation to deception and corruption.

6

Issue Number 08 • August 2010

A chance to reclaim lost property

…By Valerie Aseto Almost two and a half years since the post-election violence rocked the country, most of the internally displaced persons (IDPs) are still languishing in various camps.

While there are those who are bitter with the government for not having resettled them and have vowed to turn down the Proposed Constitution, there are a few who think that it is only a new law that can change their situation.

Take the case of Ms Tabitha Ndigirigi, an IDP and a single mother of three. She is one of the IDPs in Nyahururu who despite living in deplorable conditions in the camp will have something to smile about if the Proposed Constitution is passed.

Though Ndigirigi cannot forget the ordeal she underwent in the election aftermath, she believes the past injustices surrounding land issues will be no more if the Proposed Constitution is passed. She laments having been chased out of a land that she bought and even holds a title deed, “I bought the land in Nyahururu where I built a house that I was staying in with my three children. I still have the title deed but I cannot stay there because I was told after the elections that I do not belong to that particular community and should move to where I belong,” she says.

Being a single mother, Ndigirigi says it is very difficult to live in such a landless state as she has no one to assist her. She believes women will never face such situations again if they

Women in IDP camps warm themselves to a fire during this cold period.

Many of them believe that it is only the new law that will save them from their current predicament. The same thoughts are shared by Tabitha Ndigiri (inset). Pictures: Correspondent

“Many IDPS are ignorant of what the Proposed Constitution entails and are being misled by people with selfish interests,” — Tabitha Ndigirigi

turn out in large numbers to vote in favour of the Proposed Constitution.

“Many IDPS are ignorant of what the Proposed Constitution entails and are being misled by people with selfish interests,” says Ndigirigi. She adds: “Many political figures come to the camps preaching falsehoods on contents of the proposed law.

She says: “They even try to discourage the IDPs from voting saying that there is nothing good in the draft.”

Ndigirigi claims that even though the civic education has opened up women’s understanding on the Proposed Constitution, most men have become more rigid, thinking that the new law favours the politicians.

Ndigirigi who had travelled all the way to Nairobi was speaking at a women’s civic education rally organised by FIDA in Kibera. She is happy with the clause on private land because it will enable her reclaim the land she bought in Nyahururu.

“I am very happy with Section 64 (a) that says private land consists of registered land held by any person under any freehold tenure, land held by any person under leasehold tenure, and any other land declare private under an Act of Parliament,” she explains.

Ndigirigi is also happy with the clause on right to life. For one who has miscarried three times following a series of ectopic pregnancies, she can identify with what the law is saying. “For someone who has never been pregnant, it is very difficult to know what a woman undergoes during that period. It is usually between life and death and, therefore, it is only the doctor who can tell what to do with both the baby and the mother.”

She notes that the article on right to life does not permit abortion and, therefore, those against it are unfaithful to the people of Kenya at this critical moment.

Ndigirigi is, however, calling on all women to join hands and vote in favour of the Proposed Constitution since it contains more benefits to all women.

Following Kenya’s post 2007 general election, more than 350,000 families were displaced from their homes and majority of them are still living in IDP camps.

Young women on the trail to ensure new law …By Faith Muiruri

T

he wave for a new constitutional dispensation in the country is unrelenting. From opinion polls to intensified campaigns and civic education, everyone is in high gear all in preparation for the historic moment slated for the August 4, 2010.

And with it, are emerging groupings that have been formed to either campaign for or against the proposed constitution. Among them is the Warembo ni Yes, a lobby group which was formed in April this year to aggressively campaign and rally young women into voting for the Proposed Constitution during the referendum.

According to Ms Grace Ngugi, President of Mbunge la Mwananchi Women Social Forum, the lobby group has embarked on a door to door campaign to make sure young women are not relegated to being passengers on the bus of change.

“The Proposed Constitution is about the emergence of a new phase.

It is also about the young women of Kenya who live through its challenges. So vital is the new document to this group that we cannot afford taking a back seat,” she said during an interview with the KenyanWoman in Kibera.

Ngugi was speaking at the women’s civic education rally organized by FIDA to sensitise women on the Proposed Constitution.

The campaigns by Warembo ni Yes will culminate in a major rally at the Kenyatta Internal Conference Centre (KICC) where about 5,000 young women are expected to attend.

Ngugi who was flanked by the group’s national coordinator Ms Beatrice Karore, said women stand to benefit immensely should the Proposed Constitution pass.

She said the Proposed Constitution eliminates discrimination of women in laws, customs and practices related to land.

“We are supporting the document because it addresses pertinent issues affecting most of us like poverty, poor education standards and unemployment,” Ngugi explained.

Even as she spoke, the issue of peace was key to the young women and they waved white handkerchiefs to underscore the need for a peaceful voting process and continued calm after the referendum.

Karore said that the lobby group will liaise with other organisations to make sure all provisions in the Proposed Constitution are implemented.

“We are now more concerned

Members of the lobby group Warembo ni Yes look at a poster calling for nonviolent acts against women during the referendum period. Picture: Florence Sipalla about post referendum situation. We need to know that even after passing of the Proposed Constitution, those in charge can still be entrusted with the management and implementation of this important document,” Karore reiterated.

She said they will work with other progressive Kenyans in pushing for

the implementation of the constitution as set out in the transitional clauses.

According to Section 261 (5) in the new law, any person may petition the High Court if Parliament fails to enact any particular legislation within the specified time.

Section 261 (6) further stipulates

that the High Court in determining a petition under clause (5) may make a declaratory order on the matter and transmit an order directing parliament and the Attorney General to take steps to ensure that the required legislation is enacted, within the period specified in the order and to report the progress to the Chief Justice.

7

Issue Number 08 • August 2010

It is time for Kenyan women to emulate their Sudanese counterparts …By Jane Godia

A

s Kenyans get ready for the referendum on August 4, many issues of concern have come up. One of the contentious issues is that of counties and devolved government.

The Proposed Constitution calls for a devolved government that is expected to accelerate resources to the grassroots and make access to governance easily accessible.

However, countries like Sudan that already have Federal Government in place claim that it has worked well for them and especially for the women.

Resolution 1325 Speaking in Kampala, Uganda at the conference to mark 10 years of the United Nations Security Resolution 1325, Ms Anisia Achieng from Southern Sudan looked at the situation of the Kenyan Constitution review process in the perspective.

Achieng who works for the Women Peace Network Southern Sudan, says: “The good thing about a Federal system is that it has a state and two government systems as is the case for Sudan.”

There is the Federal Republic of Sudan, the Government of Southern Sudan and the Government of Northern Sudan. The Federal Government came from the Comprehensive Peace Agreement (CPA) signed in 2005 that included the interim constitution, nation of Southern Sudan and the states.

Sudan has 25 federal states. In Southern Sudan, there are 10 states complete with their constitution and parliament.

In Southern Sudan, there is a national government structure with 32 ministries, out of which seven are headed by women. There are also Commissions such as that of Peace, Human Rights, Anti-Corruption, Disarmament, Demobilisation and Reintegration Commission and Economic Commission among others.

Achieng who is a resident of Equatorial State appreciates that the Federal Government has given visibility to women. Each state is headed by a governor with 12 ministries. “Out of these, three are headed by women which include the Ministry of Finance.,” says Achieng. She adds: “In lobbying, women should not look for small ministries but lobby for powerful ones. “It is important that women go for ministries where there are resources.”

Affirmative action In the Parliament of Equatorial Guinea, there are 42 seats and out of these are 12 women. While the Sudanese women have had the luxury of enjoying Affirmative Action right from the signing of the CPA, Kenyan women have been lagging behind in the region. The Proposed Constitution offers Kenyan women, for the first time an opportunity to at least one third of all elective positions.

The Sudanese interim constitution calls for 25 percent women representative. It also allows for women’s seats that are not contestable and allows women with the might to contest for seats where they can.

Achieng recalls the time immediately after signing of the CPA. “When the peace agreement was signed, ev-

eryone including the President was traumatised. As a women’s organisation we had to carry out training to disseminate the CPA so everybody could understand about wealth and power sharing for women to understand what was going on.” She adds: “We wanted women to understand how the 25 percent affirmative action would benefit them, We trained 40 trainers in one state.”

The awareness creation has helped in Sudan where generally women have managed to penetrate what is normally male dominated.

While the Ministry of Gender and Social development is headed by a woman, strong institution like Human Rights Commission and Anti-Corruption are also held by women. “These were not handed on a silver platter.

They came through advocacy and lobbying, With the 32 ministries, there are seven female ministers and that is not bad for a beginning,” she reiterates.

level. The executives are elected by women from all the districts.

“Through the women’s association there is a strong voice for women’s issues which can be lobbied to the State or the Ministry of Gender and these have been made possible by the Federal Government,” she reiterates.

Achieng explains: “The good thing about the Federal Government is that it has the State and the two government systems. At the State level you have the Constitution, Parliament and Judiciary. There is no need for one to go to the capital city in Juba.”

Affirmative Action has worked very well within the Federal System.

The women have gained freedom of expression. They are being recognised in terms of their contribution in family, State and even drafting of the constitution (currently on going).

There are women in government positions from as top as ministries.

Devolved government Achieng says the Federal Government has made access to services easy, especially for women who would have found it hard to travel to Juba or Khartoum to have their matters attended to.

“The Federal government makes it easy to communicate. It is easy to formulate issues at the grassroots and convenient for one to communicate with the Member of Parliament,” she explains.

“For the women there is only one the Ministry of Social Development at the national level. At state level, there is the Ministry of Gender and Social Development that is in Juba,” says Achieng.

She explains: “All these ministries have commonalities. At the national level it is about lobbying donors. At the state level it is the implementation stage.”

How the do the Sudanese women link with government institutions?

At State level is the women’s association which is the umbrella union for women in civil society. One gets to the women through the umbrella organisation which is registered at State

Women representatives at the rally in Kibera cannot hide their joy after learning of the gains entrenched in the Proposed Constitution.

Picture: Correspondent

The 25 percent women’s positions has not been used to the maximum although there are women directors at country level.

There is also a good number of women lawyers in the Judiciary. There has been an increase in the number of women recruited into the police force but not at higher levels of decision making. There are also more women in the other disciplined forces.

Women in the South are economically empowered and some of them own businesses such as hotels, depots for beers and they own huge trucks.

Women are also controlling small restaurants.

“This is very new to Sudan. In peace many women are leading reconciliation process though they are not in negotiation,” says Achieng.

Sudan put down its arms five years ago. They signed a Comprehensive Peace Agreement that called for women to get 25 percent Affirmative Action. Many institutions are just being put in place and women are making gains, though small.

Culture

“Let the Kenyan women look at themselves as women and daughters.

Let them get their voices heard. Kenyan women must allow the quota system and support all female aspirants to increase their numbers in leadership.”

— Anisia Achieng, Sudan Women’s Voice for Peace

Deeply entrenched in culture and traditions, South Sudan had denied women many rights. However, the new government and laws are helping women get what they would normally be denied under the guise of culture.

“Just about a month ago the Commission of Lands organised a review of the draft. They have given that women can now own and inherit land. The Sudanese are waiting for it to be passed in Parliament,” says Achieng.

However, Sudan has not been without challenges. Illiteracy is a big problem, and even women ministers have low levels of literacy. “To be in decision making one must have a good understanding of what is legal and illegal,” reiterates Achieng.

“Although we have a gender policy it has not been implemented because we have been concentrating on implementation of the CPA,” says Achieng.

Most women are in decision making and leadership positions because of Affirmative Action. She reiterates: “Women policy makers need empowerment to understand what is meant to be a law maker in Parliament.”

Culture has also been a big hindrance to peace building and leadership. “Women are sometimes not invited or allowed to participate in issues of war, marriage or inheritance,” she says.

Even the civil society organisations lack capacity especially in media.

CSOs do a lot of work but this does not get highlighted. “Even women in leadership hardly get media attention.

Due to cultural they will look at the way you are dressed to determine the way the media deals with you,” she adds.

Exemplary nation Sudan is the largest country in the African continent. Though just an emerging democracy it has a few things that Kenyan women could copy.

According to Achieng, compared to Sudanese women, a lot of Kenyan women are educated and are powerful. “Let the Kenyan women look at themselves as women and daughters.

Let them get their voices heard. Kenyan women must allow the quota system and support all female aspirants to increase their numbers in leadership.”

She reiterates: “It is important that the Proposed Constitution is passed so Kenyan women acquire and inherit land legally.

She adds: Women must not allow interference from the men candidates or political parties which draws attention away from themselves.”

The Sudanese woman who lived in Kenya during the 21 years that her country was at war says: “Women in Kenya have very good networks and should like South Sudan, mobilise women to campaign for women by going beyond their constituencies.”

8

Issue Number 08 • August 2010

What will a “Yes” vote mean for Kenya and Kenyans? …By Yash Ghai

T

he long struggle for a new Constitution for Kenya has not merely been for a new document, but for a new society. The Constitution cannot achieve that alone — it will depend mainly on the efforts of the people to use the Constitution.

The principles and values of the vision of that new society have been hammered out by activists, writers, professionals, and politicians, from the late 1980s, in conferences and negotiations in the 1990s, through the review process of 2000-2004, and finally in the aftermath of the post-election violence of early 2008, and the agreement that followed it.

These values are: 1. Democracy Participation — Here many people would stress that this does not mean just voting every five years, but involves something more active and continuous.

Constitutionalism and the rule of law — No-one is above the law, meaning that all laws, and the policies that underlie them must comply with the constitution, the laws must be obeyed and enforced — which means an end to impunity, requiring an effective judiciary and other enforcement mechanisms Good governance — including accountability of government, public servants and legislators, openness, and effective checks and balances between different parts of government 2. Human rights for all Equality — Including women, and persons with disability, and effective recognition of the need for affirmative action for disadvantaged

groups to achieve that equality in a true sense.

Respect for Kenya’s diversity — ethnic, linguistic and religious, which includes ensuring that everyone can be involved in the life of the nation, and the right to live the cultural life of one’s choice.

Satisfaction of the basic needs of the people — Which for many would involve enforceable right to health, food, housing and education, as well as equality of access to resources Deconcentration of power: Which people felt had become too focused in one place (Nairobi) and one position (that of the president); the implications of this include for many people (though by no means all) some sort of geographical devolution of power and some major change in the system of government.

Rectification of historic injustices: Most people would agree with these values — though some might differ on means to realize some of them.

The current Constitution The Constitution we have now is very weak in terms of express values. It could have been used to realise these values. Its human rights provisions are not bad, though not broad enough, and there is nothing in it that condones corruption and abuse of power.

It is tainted in some ways by its past; especially it is weak in terms of machinery for enforcement, and it sets up an excessively strong presidency.

It has come to symbolise everything that has been wrong in Kenya. The Proposed Constitution could be used to inspire a renewed belief in values, and in the possibility of a Kenya guided by those values.

In the Proposed Constitution Where do these values appear in the Proposed Constitution? Some might be seen as symbolic — but symbolism in a constitution is not unimportant. The present Constitution has no Preamble. The Proposed Constitution does — setting out a little of the aspirations of Kenyans, and twice invoking God. The Preamble has a very limited role in formal legal interpretation of a constitution, but a court can use it to help resolve a doubt. This preamble is unlikely to have any such role as all the words used appear elsewhere — many times. Its main function is to set the scene by its emphasis.

It may help to attach the people to the document — provided it is actually reflected in the “working parts” of the document.

National days are symbols – and the Proposed Constitution adds Mashujaa (Heroes) Day to the existing Madaraka and Jamhuri

The current Constitution has no Preamble and no express statement of national values. Only in the human rights chapter do we find anything that approaches a statement of values.

Symbolically that chapter appears after those in the President, Parliament, Executive and Judiciary. This constitution is primarily about machinery of government.

Women supporting reforms wearing green T-shirts at the rally in favour of the new law.

Picture: Correspondent

Days. Presumably the Heroes are intended to be those who struggled for Independence — but the day could be used to honour a wider range of national heroes and heroines.

Article 10 lists the “national values and principles of government” – which include most of the values identified above, plus patriotism and sustainable development. These values are supposed to be binding on “everyone” who applies the constitution or law, or makes or applies public policy.

The current constitution The current Constitution has no Preamble and no express statement of national values.

Only in the human rights chapter do we find anything that approaches a statement of values. Symbolically that chapter appears after those in the President, Parliament, Executive and Judiciary. This constitution is primarily about machinery of government.

Comment on the Proposed Constitution That binding force may be more political than legal. They will have to be used, by being relied upon in political argument, in order to have any effect. They can be used as mobilisation tools and to criticise the performance of leaders – especially of those who voted for the inclusion of values in the constitution!

A creative legal profession and judiciary can breathe life into these principles – by using them as criteria for evaluating behaviour in public life in court cases.

To make them more than words on paper, maybe they should be required by law to be inscribed over the entrance to every major public institution, including Parliament, on letterheads and so on. Maybe that way they may eventually be inscribed in the hearts of Kenyans and the consciences of the leaders.

9

Issue Number 08 • August 2010

…By Issa Haruni

I

n every undertaking there must be winners and losers.

In the case of the Constitution review, women from Northern Kenya are poised to be the biggest winners.

Women in North Eastern Province have long been marginalized and discriminated due to entrenched retrogressive cultural practices.

This is a region that has never found it worthwhile to elect women as legislators or civic leaders. This is bound to change if the Proposed Constitution goes through. It is offering a lifeline to women who are marginalised.

Women from marginalised communities to triumph with new law

pictures of north eastern women plus mug shots

Clan elders In an election pattern where a caucus of clan elders sit under a tree and endorse the preferred candidate forward and constituency, women have been locked out of the process due to religious, cultural and traditional bottlenecks that have been placed on their path.

It is imperative to note that since independence only three women have dared to challenge the status quo by running for parliamentary seats. However, they failed to impress voters in a region where women seeking public life are viewed with contempt and endure all sorts of embarrassment.

Mrs Rukia Subow (Wajir West 1997), Ms Sophia Abdi Noor (Ijara, 1997) and Ms Zainab Mohamud Idifle (Lagdera, 2007) are viewed as the region’s trail blazers.

It is conventional wisdom that women cannot lead and all sorts of negative sayings exist to underpin and reinforce myths that women are poor leaders.

arid region to sell the draft document.

Speaking at a women’s forum in Garissa town Subow said: “Women must not relent in their efforts to ensure that the region backs the document en masse.”

A Somali saying goes ‘Nag Waa Ciyal Cagaweyn’ loosely translated (Women are just children but with big feet); another saying goes ‘Rer Eyy Nag Utalisey Wa Reer Baay (A community led by a woman is likely to perish) and a legion of other sayings are used to justify why women should keep from seeking leadership and elective positions.

Many women who spoke to the KenyanWoman said the Proposed Constitution if passed in the August 4 referendum, will emancipate them from the shackles of culture.

However, the three women who attempted to vie for Parliamentary seats have found other grounds to fight for women’s rights.

Subow is now the national chairperson of the largest women’s organisation Maendeleo ya Wanawake.

Abdi is currently an ODM nominated MP, becoming the first woman from North Eastern Province to enter the August house.

Idifle has not given up the fight for women representation and is currently at the vanguard for the agitation of the adoption of the new set of laws.

Imbued with the desire for change Subow and Abdi are now crisscrossing the vast arid and semi

Subow at the same time lashed out at men who are opposed to the document on the basis abortion and the Kadhi’s Court.

“It is disturbing that men talk about reproductive health when they are least qualified since the abortion clause seeks to protect the pregnant women in case of medical complications,” said Subow.

Abdi, who in the initial stages was opposed to the draft said the Proposed Constitution was a ‘God sent’ document that will liberate women and ultimately put them in all levels of decision making.

Abdi has thrown her weight behind the proposed law and is actively engaged in a series of public engagements to rally support for the document especially women.

The North-Eastern Province Maendeleo ya Wanawake chair person Mrs Zahra Ali Shurie said the proposed law will ‘disinfect’ the taints made against women by men who have dominated all spheres of public life by setting aside special seats for women, the disabled and other vulnerable groups in the society.

Somali sayings

Women from Northern Kenya at a civic education session in Garissa.

The women, from communities that are marginalised are going to reap heavily from the new law. Picture: Issa Haruni

She said: “It is regrettable that despite women in the region exhibiting superb leadership qualities men are yet to embrace the fact that women too can deliver on the leadership front.”

Due to ascetics and hermits of the society, women in the region have resorted to a stay at home attitude and accepted their place in the kitchen as dictated by traditions.

“It is regrettable to note that since independence 46 years ago, no single woman candidate has ever captured a civic or parliamentary seat except through political party nominations,” said Shurie.

Women sentiments

Female aspirant

“It is disturbing that men talk about reproductive health when they are least qualified since the abortion clause seeks to protect the pregnant women in case of medical complications.”

— Rukia Subow, chairperson Maendeleo ya Wanawake

Fatuma Abdille who sought the elders’ blessings in the past to vie for a civic seat expressed disappointment over the verdict made by the ‘election caucus’ saying that some of the questions posed were outright sexist.

She says one of the questions she was asked was what will happen to her electorate in her absence on the event of proceeding on maternity leave? The elders then argued that in their wisdom her absence will create a leadership vacuum.

According to an elder from Ijara Constituency, Mr Mohamed Bulle, once a person is elected into a leadership position an elaborate ceremo-

ny is conducted where the wining candidates is held in the air by elated members of the community to symbolize coronation. Bulle is emphatic that elected women cannot undergo such ceremonies as the conservative Muslim community cannot reconcile the sight of a woman being mobbed by men.

The predicament facing women in North Eastern province is shared by their counterparts in northern Kenya districts of Isiolo, Marsabit and Moyale which fall administratively in Eastern province.

A case worth noting is the multiple by-elections held in Saku, Laisamis and North Horr constituencies following the death of area MPs in a plane crash.

The spouses of deceased representatives hoping to ride on sympathy votes were dumbfounded to have lost to male candidates due to the same prejudices long held against women by the pastoralist communities.

Creating awareness The pastoralist women in Garissa got first hand information on the women gains in the constitution when they attended civic education workshop organised by AWCFS in Garissa town, Northern Kenya. The workshop brought together 30 women participants from Wajir, Mandera and Garissa districts.

10

Issue Number 08 • August 2010

Repercussion of Uganda bomb attack being felt in Northern Kenya …By Abjata Khalif

W

hen she woke up that morning, Ms Fatuma Yusuf was prepared to make the long journey to Nairobi.

Eight months pregnant, Fatuma was travelling to the capital city that has better health facilities to deliver her baby.

She had prepared herself to take the bus from Mandera to Nairobi that leaves the border town at 4.00 am. However, on reaching the bus terminus, being among 66 passengers travelling from the border town to Nairobi, she found an unusually long queue.

The journey to Nairobi from Mandera takes at least two days.

To leave a border town, passengers are normally subjected to security checks and have to show their national identity cards to officers manning the check point outside Mandera town.

As the bus left Mandera, it was flagged down by security officials some kilometres outside the town before it reached the official check point. Fatuma and the other passengers armed themselves with their document in readiness for screening.

Security check The security officers ordered all the passengers out of the vehicle before carrying out a thorough security search in the bus. The passengers were ordered to make two lines, one for women and another for men.

They were ordered to display only their national identity cards or passports. Those with police abstracts were ordered to go near the police vehicle.

The passengers were ordered to display their identity cards while their thumb was cross-checked with a gadget to see if it fits the thumb print on the identity card. The passengers sensed things were not normal as the people doing the screening were not the usual ones at the border. These were immigration officers.

“Sheket wa huntahayi. Mahajir manta (It seems thing are bad today.

What could be happening?”) a passenger asked in Somali language.

Fatuma and other elderly women travelling to Nairobi for specialized treatment demanded that the police screen them from inside the bus. But the security officials told them that things had since changed.

One police officer told the women to stop making demands for special screening because it would not work for them. “Nyinyi akina mama mwache mchezo. Mambo imebadilika na al-Shabaab wanataka kupiga Kenya (Hey ladies, this is not a joke.

Things have changed now and the al-Shabaab is planning to attack Kenya),” he told the women.

The passengers were not aware that the aftermath of the Kampala bombing that claimed76 lives was

Passengers boarding a bus bound for Nairobi undergo security screening vat Mandera border check point before departure. Security and screening of passengers to the city has been heightened after the Kampala bomb attacks. Picture: Abjata Khalif impacting on the Kenya/Somalia border towns. The al-Shabaab had claimed responsibility for the bombing. It is suspected that the Kampala bombers sneaked into Kenya before crossing into Uganda to carry out the heinous act.

The al-Shabaab are controlling Belet Hawa town in the Somalia side of the border, about 25 kilometres from the screening area. On hearing from the security officers the passengers attitude changed. Those demanding preferential treatment went silent and queued despite being inconvenienced.

Negotiation The police told some four men and six women holding police abstracts and other documents to accompany them to the police station so that their nationalities could be ascertained. This move forced some passengers accompanying the affected ones to cut short their journey and accompany their relatives to the police station.

It was not an easy task convincing the police officers that they had lost their IDs. One Abdirashid Ahmed said his son lost his identity card and that he had a police abstract from Mandera Police Station. He pleaded to no avail. “Tafadhali huyu ni mtoto yangu na kipande yake napotea.

Tafadhali wacha yeye (This is my son and he lost his ID. Please release him),” the man pleaded.

Security personnel would hear none of this despite the police abstract form having been signed by the OCPD. Just like the women, this man was told: “Wewe mzee, mambo imebadilika, tutaamua hii mambo kwa station (Hey old man, things have changed, we will resolve this matter at the police station),” one officer told him.

When they reached the official check point, after the first screening, Fatuma and the other passengers were ordered out of their bus again.

The passengers complained that they wasted two hours in both checkpoints as police checked documents and searched the bus of any dangerous materials being transported to Nairobi. The Nairobi bound bus was stopped and searched in various official and unofficial checkpoints between Mandera and Wajir.

Intense check The passengers were shocked when they were stopped by police in Lafaley area some five kilometres into Wajir town. They were ordered to alight from the bus where a female officer searched the women while a male officer dealt with the men.

The police ordered the conductor to bring down all bags and other luggage so they could be searched.

The search was more intense.

The police were also armed with gadgets that could detect small arms and light weapons as well as explo-

“The situation is horrible and all Somalis are being linked to the attack. We blame the suicide bombers and the al-Shabaab who sponsored such a heinous act. We are now victims as we will miss out on our education.”

— Mr Abdirahman Ali, student leader from Kampala

sive materials. The bus seats were screened by the gadget to detect if any dangerous materials or arms were concealed in them.

The passengers were ordered into the bus before undergoing another search at the main checkpoint in Wajir town.

The passengers learnt that they would be subjected to searches until they arrived in Nairobi. “The search will be worst between Wajir to Garissa town,” said the bus driver.

Hopeless Feeling tired and not having the energy to withstand more searches and the long queues Fatuma decided to drop off at Wajir and go back to Mandera.

“I am eight months into my pregnancy and I wanted to visit my brother in Nairobi so that I can get good maternal care,” explained Fatuma. She added: “Mimi siwezi hii shida. Sa naweza kuangusha mimba kwa hii line mrefu na kusimama sana. Afadhali nirudi Mandera nakuzaa huko (I cannot withstand this.

I fear for my pregnancy as I am being forced to stand for long before screening and the queue is also long.

It is better I go back to Mandera and give birth there).”

Since the Kampala bombing on the night of July 11 things have changed the economic, security and social landscape of northern Kenya.

As the bus from Mandera was subjected to a thorough search, another one from Nairobi arrived in Garissa town with 25 Kenyan-Somali students based in Kampala. The students are studying in various universities like Mbale Islamic University and Kampala International University. They were being threatened.

They claimed that the communities in Uganda were baying for Somali blood and linking every Somali to the attack.

Blame One of the student leaders Mr Abdirahman Ali said: “The situation is horrible and all Somalis are being linked to the attack. We blame the suicide bombers and the al-Shabaab who sponsored such a heinous act.

We are now victims as we will miss out on our education.”

The students are waiting to see if the situation in Kampala will calm down. However, there are others who have decided to call it quits and want to join universities in Kenya.

Ahmed Hassan said they were being called names by their colleagues from Uganda at the Kampala International University. He said: “They called us al-Shabaab and terrorists. We feared that they could collaborate with locals outside the campus and lynch us. We decided to leave as a group for Garissa where we came from.”

Concern

The students’ parents have taken bold steps of engaging the al-Shabaab so that they should not repeat such an act.

One parent who sought anonymity said: “We are engaging them through their emissary and we are sending a strong message to them that the local people are suffering due to the Kampala bombing.”

The elders have formed a group with a view of engaging other religious leaders from the province in denouncing violence and disassociating from the al-Shabaab attacks.

One of the elders, who gave his first name as Mahat said: “We will send a protest note to them as our sons and daughters have been sent away from Kampala due to their acts. If they do not desist then we will move from village to village and preach against al-Shabaab and ensure other people know that Somalis from northern Kenya are not part of them.”

11

Issue Number 08 • August 2010

Women want space in peace negotiations …By Jane Godia

T

he call for peace has been echoed even across the borders in Kampala, Uganda where a bomb killed over 74 people just as the world is marking 10 years since the United Nations Resolution 1325 was passed.

The women from Kenya, Uganda, Tanzania, Burundi, Rwanda, Sudan, Ethiopia, and Somalia said that peace was of utmost importance for the region.

They appreciated the Resolution 1325 that calls for women to be part of the peace processes within the region.

The meeting organized by the Eastern African Sub-Regional Support Initiative for the Advancement of Women (EASSI) called on the Eastern Africa heads of state to give women a chance to be part of peace meetings in the region as called for by Resolution 1325.

Participation The meeting in Kampala was held to create awareness on implementation of UNSC Resolution 1325 in the Eastern Africa sub-region; To identify entry points for advocacy in the 1325 +10 Review Process; To deliberate on regional and sub-regional approaches to addressing gender concerns on peace through regional integration efforts; and to discuss the proposed East African Protocol on Gender Equality.

This meeting was intended as a forum for participants from the Eastern African sub Region on UNSCR 1325 at ten and to make recommendations and contributions that will contribute to the discussions at United Nations Level in October 2010.

Gender equality The meeting was also called to discuss entry points for mainstreaming gender in the regional integration process in the East African Partner States. EASSI has launched the campaign for a Protocol on Gender Equality in East Africa while EASSI’s members from Ethiopia, Somalia and Eritrea are advocating for the Horn of Africa Declaration on Gender Equality. In spite of 15 years of the Beijing Platform for Action and ten years of 1325, much more effort needs to be exerted to change the status quo of women.

The UNSC Resolution 1325 was adopted by the United Nations General Assembly on October 31, 2000.

It is a landmark resolution which among other things details the United Nations commitment to take steps towards addressing the causes and consequences of armed conflict on women. In addition, it recognises that an understanding of the impact of armed conflict on women and girls, effective institutional mechanisms to guarantee their protection and full participation in the peace process can significantly contribute to the maintenance and promotion of international peace and security.

Speaking in Kampala immediately after the recent terrorist bomb attack, women in the region reiterated the fact that the situation of women and girls in the Eastern African subregion as a result of armed conflict remains varied. However what is clear is that women increasingly bear the burden of armed conflict and experi-

Ms Deborah Okumu, Executive Director Caucus for women’s Leadership and board member Eassi, leads group discussions during the conference held in Kampala Uganda last month to look into the impact of UN Security Resolution 1325 on the Eastern Africa region. Picture: Correspondent ence it in a different way from men.

In a statement read by the EASSI chairperson Ms Akinyi Nzioki, the women said: “Armed conflicts often exacerbate inequalities that exist in different forms and to varying degrees in all societies and that make women particularly vulnerable. Documented evidence from across the region attests to this.”

They added: “Recognizing that 2010 has been declared the Year of Peace and Security in Africa by the African Union, we urge all the countries in the region to reiterate among their populations the need for peace and for brotherhood within the shared borders.”

“We call upon all peace initiatives taking place within and across our borders to ensure the full participation of women not only as observers but also as negotiators and mediators, in line with our governments’ commitment under the landmark UN Security Council Resolution 1325.”

Involvement The EASSI chairperson Ms Akinyi Nzioki said in her opening remarks: “Women bear the brunt of conflict yet their identity obscures the role they play in peace building.

Women should no longer be sidelined in peace building.” She added: “Democracy and peace are essential in achieving gender equality.”

The chief Guest at the meeting, Mrs Margaret Sekaggya, who is also the UN Special rapporteur on human rights said that many times people fail to understand that women’s rights are also human rights. These rights are vital for the creation of a healthy culture.”

Sekaggya reiterated the fact that

conflict affects women and men in different ways. She called for stringent measures of dealing with impunity by perpetrators. “Sexual violence against women reverberates across borders as rape and abuse remains systematic weapons of war in the region.”

Representation The Somali women present called for the international community to come to their aid so the guns may fall silent. “We need the world to come to our help as we are at risk of sinking into the abyss of violence,” said the Somali women who requested anonymity. They added: “Women are taking up too much responsibility due to lack of an effective government.”

The communication directed to the heads of State reiterated that the Resolution urges Member States to ensure increased representation of women at all levels of decision making in national, regional and international institutions and mechanisms for the prevention, management and resolution of conflict.

“We urge the use of existing traditional justice systems in peace building, conflict resolution and reconstruction processes in the region, and ensure measures that support local women’s peace initiatives and indigenous processes for conflict resolution, and that involve women in all of the implementation mechanisms of the peace agreements,” the women said.

Ms Jebbeh Foster, Unifem representative in Kampala reiterated the importance of women’s full and equal representation in peace building.

Foster said: “Resolution 1325 provides a framework for integration of gender perspectives into peace and security.”

“We call upon all peace initiatives taking place within and across our borders to ensure the full participation of women not only as observers but also as negotiators and mediators, in line with our governments’ commitment under the landmark UN Security Council Resolution 1325.”

— Ms Akinyi Nzioki, Eassi chairperson

The women also reiterated the fact that there was need to protect women as a group with specific needs and concerns.

However, Ms Jennifer Masis from Kenya said that at the grassroots resolution 1325 is not visible. “Unifem and EASSI should disseminate information so that the process of 1325 is carried by women at the grassroots

for advocacy and lobbying,” reiterated Masis.

Foster said women must find space within the negotiation table.

She added: “If women are not at the right place things will not work for them. To counter issues of being abused by warring factions, women must take the issue of security in their hands by joining the security forces.”

12

Issue Number 08 • August 2010

African leaders must make financial commitment on maternal health blame for the high maternal mortality in the continent.

According to Mauela Garza-Ascencio of the International Budget Partnership organisation, even the available resources in Africa do not prioritise maternal health.

“This is why Africa is being cited as one of the continents with high maternal deaths,” says GarzaAscencio.

One of Africa’s leading physicians, Dr Fred Sai, who has devoted Dr Fred Sai is calling for more political and financial his career to issues of health and recommitment to maternal health within the African productive rights says that women continent. Picture: Rosemary Okello in Africa are dying when political leaders and policy makers have not …By Rosemary Okello made it a priority to devote resources in the achievement of the Millennium Develven as maternal, child and infant opment Goal (MDG) 5. health dominated the African Union Using the Ghanaian mythology which says; Summit in Kampala, Uganda, there “when your mother dies, if you do not start is a call for acceleration on reversing crying, no one will cry,” Sai said. African govthe statistics on maternal death in the conti- ernments are not putting resources and money nent. where it matters.

Africa leaders are being asked to commit “We want donors to support yet sponsors themselves to putting in more resources to ad- are also not seeing African governments makdressing the problem and embrace accountabil- ing maternal health a priority,” he reiterated. ity.

During an exclusive interview with KenyanUnder the theme of Maternal, Infant and Woman at the Women Deliver Conference in Child Health and Development in Africa, re- Washington in June, Sai said: “If through the productive health experts lament that lack of Africa Union, African leaders can double the political will has been evident when it comes resources committed to maternal health then to financial commitment. This, they said, is to we can see a reduction of maternal mortality in

E

Africa by 70 percent and death of the new-born by 30 percent.”

Sai, a reproductive health expert said African leaders have numerous case studies to learn from. A case in point is Rwanda where political will was evident in prioritising family planning.

Despite decades of civil war and widespread genocide in the mid-1990s which devastated the country’s health care system, Rwanda is working towards saving mothers.

Government priority Working with the World Health Organisation, the Rwanda Ministry of Health has prioritised hiring and training community health workers to provide family planning education, services and counselling to men and women throughout the country. This has seen Rwanda’s maternal mortality rate fall by more than 25 percent in five years.

“If Rwanda can do it, then political will is necessary in reducing maternal deaths,” reiterates Sai. He is very categorical that unless African governments prioritise family planning, they should forget about maternal deaths being reduced.

“Governments have truly been looking at death in the eye and yet they still wonder at World Health Organisation (WHO) report that more than 240,000 mothers die annually in Africa while giving birth,” says Sai. The same sentiments are shared by UN Secretary General, Mr Ban Ki Moon. In his address to delegates at the Women Deliver Conference,

Ki Moon called for partnerships between the G8, G20 and African Union in dealing with maternal health. He asked for renewed commitment from the governments by increasing investments to make sure MDG 5 is achieved.

For the UN Secretary General, and for someone who was born at home in a small village in the Korean countryside, women should not continue to die in childbirth. That is why he has asked for renewed commitment through the Joint Action Plan. “Improving maternal and child health is one of the best investments we can make,” says the Secretary General.

Just like in Korea, many women in Africa face death everyday and are afraid. “I remember as a child asking my mother why women who were about to give birth would gaze at their simple rubber shoes, which they left at the back door as labour intensified. My mother explained that women wondered if they would ever step into those shoes again. Giving birth is so risky they feared for their lives.”

These words made the Secretary General start a journey to help every women step back into their shoes after giving birth. It is through the call for partnership that Africa governments can also make women step back into their active lives after delivery.

It is the hope of the many women that this time round the AU Summit will comeup with concrete measures on how women’s lives can be saved through proper policy and political goodwill that can translate rhetoric into action.

To hell and back: Sarah Omega is the ambassador of fistula …By Rosemary Okello

S

he walks with her head held high and with a steady gaze. Although she has endured immense pain — both physically and emotionally — Sarah Omega exudes confidence and is not ashamed of telling her harrowing story of having had to live with obstetric fistula for 12 years.

Obstetric fistula is a severe medical condition where a woman passes urine uncontrollably, making it difficult for her to enjoy normal social and economic life.

Omega is bold enough to share her experience and tell of the dehumanising effects of fistula on women. She is a source of hope and comfort to more than 300,000 women in Kenya whose lives have been affected by vaginal fistula. She shares her experience by visiting women who are too ashamed to speak of their condition and end up dying in silence.

“I came alone to this meeting and though I was the only one who has gone through the pain of being a woman, there are many of us here and many others out there.”

Omega, from the Rift Valley Province of Kenya addressed delegates at the Women Deliver conference held in Washington, USA. The Conference brought together more than 3,000 delegates from 140 countries to look into delivering solutions for girls and women on reproductive health issues.

“I am 33 years old, the seventh of nine children. I was orphaned when I was 11,” said Omega during a session dubbed, Their Life, Their Words, Their Stories.

The death of her parents forced her to drop out of school due to lack of fees. Three years after their death and aged 14, she was shocked when her teacher ask for her hand

in marriage.

“This forced me to run away to my elder sister but little did I know that I was jumping from the frying pan into the fire.”

“While at my sister’s place, I was raped and impregnated by a religious leader.

When it was time for delivery, I spent 20 hours in labour before gaining access to a local hospital,” she said with tears rolling down her face.

Obstructive labour When she arrived at the hospital, she spent another 18 hours with obstructive labour and by this time she had already lost her baby.

“I was informed the hospital did not have a theatre for emergency surgery. They referred me to another hospital where doctors were able to perform a Caesarean section.”

But three days after the C-section, Omega realised she could not control her bladder and urine was flowing out uncontrollably.

To her this was triple tragedy. “First I experienced the worst rape which no one in their sound mind can even survive, second I lost my baby and third I now could not control my urine.”

She says: “I did not know who to run to, what to do and at night when my bed got wet from uncontrolled urine. My pillow also got wet from endless tears due to the pain in my genitals.”

The community was also not kind to her. “Each day carried its own humiliation and every day I wished I could die instead of being rejected and shunned by those who were supposed to give me support.”

Omega endured pain and humiliation for over a decade. In 2007 she was hospital-

ised with depression.

“While in the hospital, I learnt of the fistula repair and the same institution referred me to a fistula specialist,” says Omega. “I had a successful surgery that changed my life. It is one surgery that will forever remind me of what being a woman feels like.”

From this experience Omega learnt that rather than keep quiet, it is better to talk as one will get knowledge and assistance of how to manage fistula. “I decided immediately that once I recovered I would take it upon myself to let others with fistula know that treatment is available.”

Even as she traverses the world as the ambassador of hope for fistula survivors, many questions remain unanswered for Omega.

Suffering She asks: “Why should other women suffer the way I suffered and experience what I experienced while the world has the ability to end such suffering?”

Even though fistula is not being given the prominence it deserves in the health arena, there are 3,000 cases which occur every year in Kenya.

Omega has made it her responsibility to raise awareness among women in the rural areas, where she identifies those with fistula and links them to treatment centres. Omega has been going around the world talking about her experience to raise awareness on the impact of fistula on women’s lives.

In July 2009, she addressed a high level segment of the UN Economic and Social Council in Geneva where she spoke to more than 400 ambassadors and ministers, bringing her story and message to the importance of maternal health to the global stage.

Ms Sarah Omega, a fistula survivor is now encouraging other victims to live positively. Picture: Rosemary Okello.

Factfile on fistula A fistula is a hole. An obstetric fistula of the kind that occurs in many developing countries is a hole between a woman’s birth passage and one or more of her internal organs.

This hole develops over many days of obstructed labor, when the pressure of the baby’s head against the mother’s pelvis cuts off blood supply to delicate tissues in the region.

The dead tissue falls away and the woman is left with a hole between her vagina and her bladder (called a vesicovaginal fistula or VVF) and sometimes between her vagina and rectum (rectovaginal fistula, RVF).

This hole results in permanent incontinence of urine and/ or faeces. A majority of women who develop fistulas are abandoned by their husbands and ostracized by their communities because of their inability to have children and their foul smell.

An obstetric fistula can be closed with intravaginal surgery.

If the surgery is performed by a skilled surgeon, a fistula patient has a good chance of returning to a normal life with full control of her bodily functions.

13

Issue Number 08 • August 2010

When a woman’s life is in danger. . .

forcing them to stay in hospital for a longer time,” explained the doctor.

He noted that delivery under this condition requires that the mother undergoes caesarean section as if left to normal delivery then the mother will die as the placenta will come out first leaving the foetus behind.

“In this case we do not wait until the mother goes into labour as any delay will definitely cause her death given that most mothers come straight from their homes with severe bleedings,” he added.

Ectopic pregnancy — a pregnancy outside the uterus — commonly takes place in the tubes but often outside the intestine as well is also a dangerous condition for expectant mothers.

Kudoyi said that when such cases are reported they are straight away taken to the theatre for surgery as they bleed profusely and the blood fills their stomach hence putting the mother’s life at risk.

“The condition is often common with women who are desperately in need of a child and who normally hop from hospital to hospital as they hardly listen to advice from physicians,” he added.

…By Duncan Mboya

T

he debate on abortion with regards to right to life has dominated the case for those advocating against the Proposed Constitution.

As church leaders and a group of citizens who are opposed to the enactment of Kenya’s draft constitution, medical experts now warn that whereas the two groups are entitled to their opinion, they are treading on unfamiliar grounds.

In their view, church leaders are jittery at the sentence “abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the health of the mother is in danger, or if permitted by any other written law”.

According to Dr Walter Kudoyi, a consultant obstetrician/gynaecologist at Kenyatta National Hospital, no trained medical personnel in his or her right senses will want to be involved in termination of a pregnancy unless the mother is in danger of losing her life.

“However, when the pregnancy is said to pose a threat to the mother’s life or foetus or when the pregnancy poses to be highly perilous for both the pregnant woman and the foetus, then termination is allowed,” explained Kudoyi.

Heart ailment

Premature rapture He observes that in case the mother has a premature rapture of the membrane that keeps the unborn baby unsafe as it will be exposed to infection, the mother’s life must be saved at all costs as chances of the unborn baby surviving are minimal.

“Once the baby keeps on drinking, breathing into it and also urinating into amniotic fluid that cushions its life, the rupture of the membrane places the foetus and the mother in danger and the pregnancy must be terminated as pus will have developed where the rupture is,” he said.

The doctor said under such circumstances the infection in the mother’s vagina will affect the muscles, leaving the amniotic fluid to leak out uncontrollably hence necessitating the termination.

There are also certain medical conditions that do not allow a woman to carry a pregnancy to full term. In the case where a mother conceives and yet she has diabetes, the foetus must be terminated as insulin tablets that the mother uses in controlling the condition are toxic to the unborn baby.

“Doctors will be forced to keep watch at the foetus as low or high sugar level is a big threat to the life of the unborn child,” he explained.

He said that in this case the mother’s blood sugar level is checked every two hours but in most cases if they are left to carry the pregnancy, the baby may be born with abnormalities that could include no eyes, open head, open spinal cord and missing limbs.

Kidney problem Mothers with severe kidney problems too are not allowed to carry a pregnancy as the kidneys will fail to produce chemicals that cause blood clot.

“In the end, due to lack of chemicals that cause clotting, the unborn baby terminates itself as the mother bleeds profusely from the nose, ears, anus and vagina,” explained the doctor.

Kudoyi said mothers with sickle cell anaemia are also at high risk of having their pregnancies terminated as their red cells do not carry oxygen that is much needed by the unborn baby.

“Once they fail to carry the oxygen, they produce abnormal red cells that block the blood vessels. It normally happens at the placenta hence killing the unborn child very fast,” Kudoyi explained.

He said that normal cells last three months but for those with anaemia it will last 30 days.

A Samburu woman admires her 10-month old baby. Many women are never able to hold their pregnancies to full term due to various medical reasons. Picture: Correspondent Kudoyi noted that the termination of pregnancy can also take place once a mother has pregnancy induced hypertension where the body immunologically considers the foetus as an enemy.

Under this condition as the mother’s blood pressure goes up, the blood vessels narrow up hence denying the kidney of enough blood.

“The blood pressures later on causes swelling in the middle of the brain causing the heart to fail and the brain collapses,” he explained.

Kudoyi observed that the condition is the major cause of stroke that cuts off the blood supply to the placenta causing the foetus to suffocate.

He said that mothers with pregnancy induced hypertension need to visit health facilities where there is a gynaecologist, as their kidneys, brain and liver need thorough and routine monitoring.

He said such conditions normally start showing up at four and half months of preg-

nancy and the mother’s recovery can only start once the foetus is out of the womb.

“But if the foetus has reached six and half months, it can survive inside the incubator which has the same temperature as the womb of the mother and be fed on milk,” he added.

Kudoyi said that if left for a long time, the mother ends up getting admission at the Intensive Care Unit (ICU) as majority have about 90 percent of their kidneys affected as others have a lot of blood in their brains.

Another condition that may also force qualified physicians to terminate pregnancy is when a mother has a problem with the placenta and starts to bleed profusely at the sixth month of pregnancy.

Kudoyi said this condition is often caused by low–line placenta that is normally placed at the cervix or next to it hence causing bleeding without pain.

“Mothers surprisingly just notice that they are wet and do not feel any pain whatsoever

“Once they fail to carry the oxygen, they produce abnormal red cells that block the blood vessels. It normally happens at the placenta hence killing the unborn child very fast,” — Dr Walter Kudoyi, a consultant obstetrician/gynaecologist

Kudoyi who is also a lecturer at Nairobi University warns that women with severe heart ailments and those who were born with a hole in their hearts are also likely to have their pregnancies terminated as their hearts are weak and do not pump blood and oxygen properly as the demands increases with pregnancy.

He said that under normal circumstances, a normal heart pumps five litres of blood but for a pregnant woman, they normally pump seven litres that is far too much for the condition of a pregnant mother with a defect in her heart.

“In most cases we do not terminate the pregnancy and opt to give the expectant mother drugs until she delivers though they are unable to push during delivery,” he explained.

“This condition is equivalent to walking in a land mine and is the most feared state for expectant women worldwide,” he added.

Kudoyi revealed that the condition is increasing in the country due to poverty, rheumatic cases and eating lifestyles.

Women who report to hospital with spontaneous abortions are also at risk of having their pregnancies terminated.

In this case, the foetus often threatens to come out ahead of placenta hence causing too much bleeding that usually does not stop until the uterus is cleaned. This condition is more risky when the mother is below six and a half months of pregnancy.

Open cervix Women who report to hospital with an open cervix are also at greater risk as they bleed profusely and can easily die if left unattended within 12 hours.

“Under this situation it is advisable that the foetus is terminated to save the life of the mother as the bleeding is unlikely to stop until the foetus is out of the womb,” he explained.

Kudoyi, however, said that pregnant women who go to clinic regularly from the beginning to the end often do not have challenges as their problems are detected early and attended to.

He said drugs for heart conditions are recommended for those seen to have signs of heart diseases to prevent them from developing heart failures.

He further said that those who give birth in hospitals prevent obstructed labour caused by bigger babies who are incapable of passing through the pelvis.

Kudoyi said that women’s lives are more threatened during the reproductive period but added that those that have passed reproductive age lives longer as their bodies are re-engineered to withstand diseases than men.

14

Issue Number 08 • August 2010

Women of Mt Elgon exorcise the ghost of SLDF

…By KenyanWoman Writer

L

ike any mother, Felista Yego was happy that her daughter had reached Fourth Form.

She knew that if all went well, her daughter’s life would be better than hers. However, this was not to be as her daughter’s dreams were cut short by what has turned out to be a nightmare for the family. The girl was raped by members of the militant group Sabaot Land Defence Force (SLDF), an incident that left her pregnant.

What Yego keeps pondering about is if there will ever be justice for her daughter whose bright future was nipped in the bud by a gang that has no respect for human dignity. Today, Yego’s husband keeps reminding her that she is to blame for what happened to her daughter.

“To this day my husband blames me for the child born to our daughter as a result of rape,” says Yego. She regrets that the incident ruined her daughter’s future as she was already in Form Four.

“I am speaking about this for the first time so that the anger and despair in me can calm down. I thank the TJRC for this opportunity to allow us to speak of these experiences as women as it will strengthen us,” she added.

SDLF Yego’s daughter is just one among thousands of victims of the SLDF. The SLDF emerged as an armed group immediately after the December 2002 general elections. Recruitment of fighters began in March 2003 and training at camps in the forest, began in July 2003. However, violent attacks did not begin in earnest until 2006.

The SLDF took up arms to defend land seized during the controversial Chebyuk settlement scheme, a government plan to re-settle landless people that was marred by corruption and arbitrary landgrabbing. They would kill or maim anyone who they perceived to be an enemy. Women and children were not spared. They would be raped indiscriminately and the community feared them so much. Anyone who dared raise a voice would have a limb chopped off if they were lucky.

Majority ended up being killed instead.

In March 2008, the Kenyan army was deployed in March 2008 to quell the insurgency, in an operation dubbed Operation Okoa Maisha (Operation Save Lives).

Emotions were rife when the Truth Justice and Reconciliation Commission (TJRC) visited Mt Elgon region and began taking statements from victims of the SLDF. Other women told how they suffered rape and were traumatized by the cruelty meted out by the Sabaot Land Defence Force (SLDF) and the Administration Police; of daughters who had their education and hopes for a better future cruelly snuffed out by pregnancies resulting from rape.

The TJRC Vice chair person, Mrs Tecla Namachanja Wanjala emphasised to the women the importance of documenting their experiences with the TJRC statement takers.

Cheptais Women’s Groups from Mt. Elgon District sing during their merry go round. The women from the region recently held a meeting with Commissioners from the Truth Justice and Reconciliation Commission (TJRC) where they were able to share the sufferings they underwent in the hands of the Sabaot Land Defence Force. Picture: Correspondent

“You are brave and strong women. I urge you to go a step further and ensure that all your experiences are documented so that they form part of the historical record of Mt Elgon,” Namachanja told the women. She added: “Do not let this opportunity pass and be sure to include your thoughts on how this violence can end.”

The meeting convened solely for women in the male dominated region, aimed at sensitising them on the need to engage with the Commission’s statement takers and have their experiences documented.

It was attended by over 50 women from all divisions of the district and across the main ethnic groups of Bukusu, Sabaot and Teso.

The Commission heard of the horrors committed against women and people of the region as well as their continued suffering.

Despite their sufferings, the women still had the energy to welcome the commissioners with song and dance.

Their plaintive songs described the tragedy of what the community went through in the hands of the SLDF,

praised the military for ending the impunity and impressed upon the Commission their expectations of justice, unity, lasting peace and reconciliation.

Commissioner Mrs Gertrude Chawatama assured the women of full confidentiality in the statement taking process.

Chawatama said she understood that many of the women had gone through horrific experiences that and could be blaming themselves for having failed their families.

“You should never give up. You are still great mothers and good wives again. Do not let what happened to you make you give up for then the warlords will have won,” she reiterated.

A civic leader from the region Councillor Salome Senten said there were women who were living with serious injuries sustained from attacks by the militant group. They had not sought medical attention because they had either been threatened with death or were too far away from any medical facility.

Will there ever be justice for my daughter whose bright future was nipped in the bud by a gang that has no respect for human dignity. My husband blames me for the child born to our daughter as a result of rape by the members of the Sabaot Land Defence Force.”

— Felista Yego, a woman from Mt Elgon region.

“We request the TJRC to push the Government to resolve the land problem in Mt Elgon because it is used as a tool for political gain,” said Senten.

She added: “The 2007 violence resulted in many people being displaced internally and we would like to know how the Commission can help those whose homes were destroyed and property taken.”

The TJRC The mandate of the Truth Justice and Reconciliation Commission is to inquire into human rights violations including those committed by the state, groups or individuals. It includes but is not limited to politically motivated violence, assassinations, community displacements, settlements and evictions.

It will also inquire into major economic crimes, in particular grand corruption, historical land injustices and the illegal and irregular acquisition of land especially as these relate to conflict or violence, between December 12, 1963 and February 2008.

The Commission will receive statements from victims, witnesses, communities, interest groups, persons directly or indirectly involved in events or any other group or individual; undertake investigations and research; hold hearings and engage in activities as it determines to advance national or community reconciliation.

And others advocated that women needed to be empowered to be able to deal with what will arise out of

TJRC. Ms Jane Chepkorong said the women would get together and write a memorandum to the Commission.

However, she emphasised the importance of empowering the women of Mt Elgon.

Women fund “A special fund for the women should be set up so as to empower them to look after themselves and their children especially the orphans and children born out of wedlock.

The Commission can also use the women in the area to monitor the situation and avoid a resurgence of violence,” Chepkorong said.

However, many mothers wondered how they would rehabilitate the children who were forced or tricked into joining the militant group.

“What do we do with our children who were tricked into fighting, underwent training and are now too traumatised to pick up from where they left?” posed Ms Brigit Oduori.

Her sentiments were echoed by Ms Catherine Chepkone who told how two of her sons went for training in Uganda and since their return the difference between them and their siblings was alarming.

The TJRC was to train statement takers an exercise which will be rolled out countrywide and form the foundation for the Commission’s hearings and recommendations for the promotion of peace, justice, unity, healing and national reconciliation.

Additional information from TJRC and the Internet

15

Issue Number 08 • August 2010

Which way for women in Kenya’s Vision 2030?

…By Huldah Ouma

T

he disparity faced by Kenyan women in jobs and access to facilities such as income generating activities remains gross.

Majority of Kenyan women remain disadvantaged when it comes to access to meaningful employment or other income-generating opportunities; or access to land and other capital assets which can be translated into income generating opportunities.

Kenya women are still significantly underrepresented in public universities, technical, industrial, vocational and entrepreneurship training (TIVET) institutions.

As at the year 2000, women were estimated to constitute only 29 per cent of those in wage employment, compared to men at 71 per cent.

Women, then, were disproportionately represented amongst those in the informal and agricultural sectors where returns are low and uncertain, and enforcement of labour protections complicated, if not non-existent.

By 2006 the situation was largely the same with female representation of wage employment estimated at 30 per cent (roughly 43 per cent of male employment).

Disparities As at 2009/10, provisional figures published by the government, put female representation at university level at an estimated 37.9 per cent. At the regional polytechnics, females were found to make up approximately 39.6 per cent of the student body.

In other TIVET institutions (including youth polytechnics) they made up approximately 49.8 per cent of the student population. These disparities have been attributed to lower secondary and tertiary colleges’ completion rates among females. There is also the issue of lower achievement levels as a function of socio-cultural biases and practises which favour boys and neglect the productive achievements of girls.

If this is the situation, then what does Vision 2030 portend for the capabilities and development potentials of Kenyan women in the immediate to longer term?

This is a question that a report by the Society for International Development (SID) tries to answer in their audit of Kenya’s Vision 2030.

The report, launched in July, looks at the social and economic pillars of Kenya’s Vision 2030, and tries to interrogate how the Vision addresses gender inequalities. It specifically looks at issues that have hindered women from realising their potential and contributing to the development agenda as equal agents with men.

Janet Mmoji, a casual labourer counting the few shillings she has made out of her small scale chapati business. Vision 2030 needs to empower women like Janet to greater heights in business. Picture: Annie Waite regard.

However, the outcomes of the audit carried out by SID would suggest that women are still yet to be seen as a key constituency for triggering development progress. Though Vision 2030 does evidence a greater cognisance of gender issues than the ERS, women’s contributions, or lack thereof, in the economic development of Kenya, still remains invisible.

Challenges The women’s burdens and the day to day challenges they face are in the main, largely discounted. Their poor health and educational performances are seen as non-substantial to the take-off of this country. The Vision 2030 seeks to transform Kenya into a ‘newly-industrialising middle-income country, providing a high quality of life for all its citizens, in a safe, secure world’.

However, the proposed strategies do not provide ways of ensuring that women are brought onboard as both contributors and beneficiaries of this plan.

Under the economic pillar of the Vision 2030 (the Vision is pegged on three pillars- economic, social and political); two key issues stand out about the choice of priority sectors and flagship economic projects that are projected to bring about economic transformation. First is that the selection of sectors was grounded in the understanding that the given sectors account 50 per cent of those in formal employment.

Second, these sectors have been attributed to be responsible for 57 per cent of the country’s Gross Domestic Product (GDP). Yet as at 2005/2006 Kenya’s labour force was predominately located in the agricultural and informal sectors; not the formal sector. Yet, as at 2005/2006, the distribution of the working population between the modern (formal), informal

Gender mainstreaming Growing recognition of the gender dimensions of development paradigms and policies during the 1990s created the momentum for a consensus on gender mainstreaming — the incorporation of gender perspectives into all aspects of development theory and practice — as a key strategy to achieve gender equality and sustainable development.

However, many governments today still grapple with the parameters of gender-mainstreaming in the formulation of their development strategies.

It was hoped that the launch of Vision 2030 would portend new possibilities for Kenyan women, following the poor performance of the Economic Recovery Strategy for Employment and Wealth Creation-2003-2007 (ERS) in this

and agricultural sectors, was estimated at 14 per cent, 46 per cent and 41 per cent respectively.

Women were found to dominate only one sector that is the agricultural sector where they mainly work as small scale farmers, or labourers in other people’s farms, or as unpaid domestic workers, as a function of their limited ownership of land.

Based on the 2005/2006 figures, it would appear that the targeted sectors (albeit they generate a significant portion of the country’s income), represent under one-fifth of the current working population; a population which is male-dominated.

The economic challenges and solutions under the Vision 2030 have retained the thinking that such issues are gender neutral, notwithstanding clear evidence of the differences along gender lines in access, ownership and control of productive resources, of employment and other income generating opportunities, as well as differences in capabilities.

The lack of gender analyses of issues of con-

Barriers

Efforts to address gender equity are limited mainly to the education and training subsector of the social pillar. Even so, they stop short of articulating sufficiently radical solutions to the problems that would offer women greater autonomy and voice and a greater ability to exercise agency.

Student Enrolment in TIVET Institutions By Sex, 2003-2008 Institution National Polytechnics

2003 M

F

M

F

2005 %F

M

F

2006 %F

M

F

2007 %F

M

F

2008 %F

M

F

%F

36.4 11,963 7,163

37.5 12,629

7,619

37.6 12,914 7,581 37.0 13,189

8,095 38.0 13,822

9,098 39.7

Technical Training Institutes 7,436

5,648

43.2

9,653

8,350

46.4

9,846

8,684

46.9

9,925

8,731 46.8 10,818

9,517 46.8 12,132

9,876 44.9

Institutes of Technology

4,799

3,927

45.0

4,715

3,755

44.3

4,904

3,943

44.6

4,961

4,104 45.3

4,473 45.3

4,768 45.1

Youth Polytechnics

7,171 13,255 64.9

8,605 13,918 61.8

8,691

14,916 63.2

Source: Ministry of Education, EMIS

12,845 7,358

2004 %F

cern under the economic pillar, or use of sexdisaggregated, or gender-specific data, translated into solutions which are gender-blind. Therefore, whilst the Vision 2030 provides an elaborate investment programme, it does not provide for mechanisms that can ensure that women are able to access the new opportunities these developments would present. Without these mechanisms, it did not achieve much by way of progress for women in terms of their ability to engage more expansively and profitably within the economy and in development (outside the narrow bounds that they currently occupy).

The audit of the social pillar elicited slightly better results but still falls short of gender mainstreaming. This pillar contains a number of subsectors: education and training; health; water and sanitation; housing; and environment, all of which are critical to individual development capacities. However there is very little effort made to identify the gender differences and inequalities that exist within these sub-sectors, which has determined the current status of each of them.

8,741 14,210 61.9

5,407

5,807

9,528 15,489 61.9 12,154 17,543 59.1

There are important determining factors such as socio-cultural barriers education and training by girls and women; factors behind the significantly higher HIV/AIDS prevalence rates among females relative to males; disparities in ownership of housing and land; and the impacts of lack of access to basic utilities such as water and electricity upon the time burden of females.

However, only some of these issues are explored and only minimally, with very limited solutions suggested.

Efforts to address gender equity are limited mainly to the education and training sub-sector of the social pillar. Even so, they stop short of articulating sufficiently radical solutions to the problems that would offer women greater autonomy and voice and a greater ability to exercise agency. The other sub-sectors (health, water and sanitation, housing, and environment) do not provide concrete ways of engaging marginalised individuals into mainstream development processes by measures that can either improve their access to assets such as land, or cheap housing.

Nor do they attend to the challenges the instituContinued on page 16

16

Issue Number 08 • August 2010

What are governments spending on the MDGs? Petition to demand budget transparency …By Helena Hofbauer

I

t is just about 10 years since governments committed to poverty eradication through Millennium Development Goals.

However to monitor if the governments are walking the talk there is a campaign that has been launched to put them on check.

The Ask Your Government Campaign is an effort to examine what happens when citizens request from their governments specific budget information related to development issues, including issues addressed in the MDGs. Over the past four months, civil society organisations in 84 countries have simultaneously posed to their government six questions related to MDGs 5 (to improve maternal health), 7 (Ensure environmental sustainability) and 8 (Develop a global partnership for development).

Training expenditure Two of the information requests inquire about expenditures on training midwives and the procurement of drugs to reduce maternal mortality. Two questions focus on the predictability and volatility of development aid, and the final two questions focus on government expenditures on environmental protection agencies and fossil fuel subsidies.

Without public access to budget information about government actions to realise the MDGs, citizens, civil society organisations, other stakeholders and even the UN itself are prevented from holding governments and donors to account.

In the lead up to the MDG Summit in 2010, UN Secretary General, Mr Ban Ki-moon recently released a draft Joint Action Plan that highlights the concern for ensuring greater accountability in the process of achieving MDG goals 4 (Reduce child mortality) and 5.

We believe that the Secretary General has an opportunity, once again, to provide leadership toward the realisation of the inclusive ideals of the MDGs. His proposed Joint Action Plan and call for greater accountability in the MDG process can be strengthened by incorporating requirements that governments provide detailed and comprehensive budget information on their development commitments. This can be achieved by the upcoming UN MDG Summit taking the following actions:

Budget information Require countries to consistently include additional budget information in the annual MDG country reports. Governments currently must generate measurable indicators of progress toward the MDGs under the UN’s DevInfo system (an electronic platform for gathering and generating statistical information specifically related to progress on the MDGs). The budget information that should be required should include budgeted allocations and actual expenditures on key interventions that are linked to these indicators.

Require all regional, and international, level MDG reports to include annual budget information on government efforts to realise each goal from 2011 to 2015, through an addendum to the MDG reporting guidelines.

Include measures of budget transparency, such as the Open Budget Index, as an indicator of progress toward realising the MDGs. Provide technical support to governments on how to meet these requirements for reporting budget information, as part of the technical assistance activities for MDG tracking.

Require donor countries to publish information on their MDG-related funding.

— Courtesy of International Budget Partnership Newsletter

Can budget analysis and advocacy close the accountability gap? …By Manuela Garza

A

s part of the United Nations’ Millennium Development Goals (MDGs) process, governments have made maternal health a policy priority.

However, this priority is not always reflected in governments’ budgets and service delivery.

There are many reasons why a government may not fulfill its obligations, including a lack of political will, insufficient resources, or a lack of formal accountability mechanisms.

Citizens and civil society organizations (CSOs) can play an active role in holding their governments accountable for managing public resources effectively in order to meet their policy priorities.

They also can monitor and accelerate progress toward development goals through budget analysis and advocacy. In the case of maternal mortality, citizens and CSOs can: Analyze trends in public spending for health against other policy areas, commitments, and needs; Monitor leakages in the flow of resources from one level of government to the next to see how much of the original allocations actually reach the ground (especially important in decentralised systems); Track the procurement of goods and provision of services against budget allocations, using such tools as expenditure tracking; Monitor if the health services provided reflect reported spending, including the quantity and quality of service delivery, using

such tools as social audits; and Use analysis techniques like ‘costing’ to estimate the cost of specific services that are needed or to evaluate whether these services have been budgeted for adequately.

These activities can be very effective; monitoring resource flows and tracking expenditures can help reduce mismanagement and corruption.

Citizen engagement through the budget process not only involves people directly in decisions that affect their lives but can shift the balance.

It can also enhance citizens’ ability to hold governments accountable to their commitments.

As part of the International Budget Partnership’s (IBP) Ask Your Government Campaign, CSOs in 84 countries have requested information from their governments about how much of the budget is being allocated to fulfilling development commitments, including improving maternal health. As of June 2010 only 27 governments have provided some information about their investment in lifesaving interventions linked to maternal health.

These preliminary results indicate that with only five years left to achieve the MDGs, the fight against maternal mortality needs to be reframed in budget terms.

Civil society needs to engage governments to push them to provide comprehensive budget information. CSOs can demand not only more resources but sustainable allocations that are spent efficiently and transparently. The effective use of budget analysis and advocacy can help civil society to close the accountability

Kenya’s Finance Minister, Mr Uhuru Kenyatta, holds the briefcase containing the 2010 budget speech. Citizens need to take their governments to account by lobbying and advocating for transparency in the budget. Picture: Correspondent. gap that exists in far too many countries by monitoring, and demanding improvements in, how governments are spending public

money to reduce maternal mortality and alleviate poverty.

Courtesy of International Budget Partnership Newsletter

Which way for women in Kenya’s Vision 2030?

Continued from page 15 fact that it now forms the basis of all govern- gies and projects will generate the kind of emtions and processes which have served to cur- ment planning and strategies, all development ployment and other opportunities that will see tail their abilities to take advantage of opportu- planning and development-related activities. a large number of poor women lifted out of the nities to better themselves.

There is an urgent need for Kenyan women poverty trap.

Much of the concern within the Vision to engage with this document and to agitate for Questions need to be asked about how many 2030 on gender inequalities, and women’s is- a place in the implementation of the Vision’s of the currently disenfranchised will be brought sues in particular, is reserved for the last sub- medium term plans, with long-lasting positive on board mainstream development efforts sector of the social pillar which covers gender, impacts for themselves. through such strategies, that is, how many new youth and vulnerable groups. Herein lays the Women need to ask how the chosen strate- entrants and from which sections of society. weakness of the approach taken by the Women cannot continue to rely on Vision 2030 when it comes to gender such initiatives such as the Women’s Some of the recommendations suggested from the audit mainstreaming.

Enterprise Development Fund (WEDF) include the need for the government to: Gender differences and disparities and similar initiatives such as the Youth are treated as a ‘social’ issue, rather than Enterprise Development Fund, the (i) make a gender analysis of issues, a prerequisite to the as a core developmental challenge, which Constituencies Development Fund and situational analysis of all developmental challenges; bears upon all aspects of economic and the Local Authorities Transfer Fund. (ii) collect sex-disaggregated and gender-sensitive data social development. The solutions are, Though tailored to address disparito inform such analysis; therefore, isolated to a sub-sector. They ties in access to financial resources, and (iii) engender performance monitoring and evaluation do not appear connected to other subthough important (as interim measures), frameworks, so as to be able to monitor the impacts sectors within the social pillar, or the the WEDF is limited in impact and in its and outcomes of development policies and actions economic pillar, and this will present ability to transform the lives of the maiv) ensure budgeting is gender responsive, to ensure cochallenges for the integration and implejority of poor women. Such initiatives herence in all government actions; mentation of these proposed solutions can only aspire to marginally address (v) build awareness, capacity and ownership within govwithin the Vision. the symptoms of inequalities. They are ernment line ministries, to support such effectors; Kenya is now mid-way through the not able to tackle the structural causes and first medium term plan (2008-2012) dewhich have served to reproduce and sus(vi) elevate the Ministry of Gender and gender focal veloped out of this long–term blue print. tain such inequalities and their negative points and invest in their capacities to oversee genThe level of national discourse around impacts. The other initiatives that have der-mainstreaming effects to through the governthis document and its potential outbeen put in place cannot be relied upon ment apparatus. comes, however, remains low despite the as they are gender-blind.

17

Issue Number 08 • August 2010

Poor water management leaves taps dry

…By Mercy Mumo

W

ater is life. But when its quality is compromised, then the quality of life is also

put at risk.

This is the case in Kenya where access to safe and affordable water has become almost impossible with more than 16 million Kenyans consuming contaminated water.

Greed and corruption has made access to water, the most basic of human needs, almost impossible to the consumers, majority of whom live below the poverty line.

According to medical experts thousands of people die of water borne related illnesses. These could easily be prevented if access to clean water was made a priority.

Of late, the water sector has been branded negatively on the national map for its poor service delivery.

More than 130 water service bodies are either on the verge of malfunctioning or having already collapsed due to mismanagement.

Power struggles Interestingly, as the people continue to go without the basic commodity, power struggles continue to take centre stage at Maji House. Reading a statement issued by the Kenya Water and Sanitation Civil Society Network (KEWASNET) Mr. Stephen Mutoro commented on the alleged power struggles saying “instead of focusing on getting water to residents of Kibera in Nairobi or Obunga in Kisumu and other needy informal settlements across the country, both the Minister

and the PS are engaging in endless and unnecessary power struggles of which cartels or cronies should be placed as MD of which board and when.”

Dry rusty taps paint the picture of lack of the commodity in Kenya as most countries continue to make strides in water delivery to their citizens.

Scarce resource However, the greatest victims of water shortage are women. They have to walk long distances and queue for hours just to get the basic need. Research shows that women spend more than 18 hours a day in search of water. This is time the women could be spend doing more constructive and resourceful work if they had easy access to water.

Ms. Lydia Nyangi, a resident of Mukuru Kwa Njenga slum narrates how getting the precious resource has become an expensive nightmare for her.

“I buy 40 litres of water every day for my family which translates to five shillings per 20 litre jerrican.

It is not enough but I have no choice because I cannot do without water,” says Nyangi, a mother of three. She explains: “One jerrican is for cooking and cleaning utensils while the other is for bathing. The water that remains after bathing the children is what I use it to clean the house.”

Nyangi is not the only one in this water dilemma. Take the case of Ms. Jane Mugo who lives in Nairobi’s Pipeline Estate’s, Plot 10 in Embakasi.

“I live on the sixth floor of a high-rise flat and since I moved in, I have never had running water from my tap. Wa-

A young woman draws water from a container. Most homes do not have water flowing from taps and her to rely on such methods of preserving the commodity. Picture: Mercy Mumo. ter is supplied to the flat by a tanker which is then flowed into the reservoir from which the caretaker pumps into the houses.”

Mugo observes that even though the water is pumped, the pressure is not strong enough to get to her flat.

“Most days I am forced to make

Facts on water  Only

one per cent of the total water resources on earth is available for human use. While 70 percent of the world’s surface is covered by water, 97.5 percent of that is salt water. Of the remaining 2.5 percent that is freshwater, almost 68.7 percent is frozen in ice caps and glaciers.  Freshwater ecosystems have been severely degraded: it is estimated that about half the world’s wetlands have been lost, and more than 20 percent of the world’s 10,000 known freshwater species have become extinct, threatened or endangered.  It was estimated that in 1995 about 1.76 billion people out of approximately 5.7 billion world population were living under severe water stress. There are 1.1 billion people, or 18 per cent of the world’s population, who lack access to safe drinking water.  The Millennium Development Goals (MDGs) call for halving “by 2015, the proportion of people without sustainable access to safe drinking water and basic sanitation.”  The MDG for safe drinking water on a global scale appears likely to be reached, in most regions, with the exception of sub-Saharan Africa.  Approximately 42 per cent of the people with access to water have a household connection or yard tap. However, approximately 1.1 billion people still do not have access to improved drinking water.  People in slum areas have very limited access to safe water for household uses. A slum dweller may only have five to 10 litres per day at his or her disposal, while a middle- or

high-income person in the same city may use some 50 to 150 litres per day, if not more.  Time spent on collecting water by women and young girls was reduced by 50 to 90 percent.  Women face the challenge of maintaining basic household hygiene and keeping their own and their infants’ hands and bodies clean with limited water supplies, and at the same time avoiding contamination of water stored for drinking and cooking.  Currently, in sub-Saharan Africa, a larger proportion of women are infected with HIV than men. When women are living with HIV/AIDS, their suffering has a double impact on their families’ water problems.  Adoption of sustainable hygiene behaviours is strongly linked to the educational level of women. Better-educated women are more likely to adopt long-term hygiene behaviours.  1.3 billion women and girls in developing countries are doing without access to private, safe and sanitary toilets. In some cultural settings where basic sanitation is lacking, women and girls have to rise before dawn, making their way in the darkness to fields, railroad tracks and roadsides to defecate in the open, knowing they may risk rape or other violence in the process.  Everyday, two million tonnes of sewage, industrial and agricultural waste are discharged into the world’s waters. The amount o9f water waste produced annually is six times more water than exists in all rivers of the world.

endless trips to the meter which is on the ground floor to fetch water which I have to carry up the flight of stairs.

At times the water is not enough so if one is not careful, you may end up not getting any,” laments Mugo.

This is the scenario displayed in majority of homes in Nairobi and its environs. The situation is so grim that in quite a number of homes, people are reduced to buying the precious resource without bothering to know its source.

As a result of the poor performance, the Permanent Secretary in the Ministry of Water, Mr David Stower has now threatened to de-register

Women face the challenge of maintaining basic household hygiene and keeping their own and their infants’ hands and bodies clean with limited water supplies, and at the same time avoiding contamination of water stored for drinking and cooking.

non-performing water companies.

He blames the liberalization of the sector which has given rise to the mushrooming of uncontrolled agents and dealers.

“In the meantime, companies that have been licensed to provide water must fulfil their obligation,” he says.

The PS attributes the water shortage in the city to lack of a good working relationship between the boards and agents.

As the ongoing power wrangles in a number of water companies continue, Kenyans will have to wait a little longer for running water in their taps.

The Kenya Water and Sanitation Civil Society Network has lodged an appeal to the President to intervene in the governance challenges facing the water sector.

“Corruption and insatiable greed have taken over the sector with ordinary water consumers being the ultimate losers,” they state in a note to the President.

The Water Resource Management Authority, the lead agency in water resources management is currently in the process of carrying out a countrywide exercise to ensure compliance with provisions of the Water Act and Water Resources Management Rules 2007.

These provisions handle abstractions, conditions attached to permits and authorizations as well as effluent discharge into water bodies and riparian areas.

Executive Director: Rosemary Okello-Orlale

The Kenyan Woman is a publication of African Woman and Child Feature Service E-mail: info@awcfs.org www.awcfs.org

Editorial Director:

Arthur Okwemba

Managing Editor:

Jane Godia

Sub-Editors:

Florence Sipalla, Mercy Mumo

Contributors:

Henry Owino, Abdullahi Jamaa, Musa Radoli, Malachi Motano, Yash Ghai, Valerie Aseto, Faith Muiruri, Issa Haruni, Abjata Khalif, Duncan Mboya, Huldah Ouma, Manuela Garza, and Helena Hofbauer.

Design & layout:

Noel Lumbama (Noel Creative Media Ltd)

This paper is produced with support from The United Nations Democratic Funds (UNDEF)