Kenyan Woman Issue 15 by African Woman & Child Feature Service

Issue Number 15 • March 2011

EDITORIAL Appointments net must be cast over the whole country

Leadership is NOT the face of a man

here is a lot of lobbying and consultations going on as Kenyans engage the new Constitution that seems to have several top jobs filled. The first spotlight on key appointments was pointed towards presidential nominees who were all male. However, looking at the faces of people currently holding key positions in Government who are expected to either stay on or be replaced, the scales remain tilted to one side of the country. It is also tilted towards only one gender. Women remain almost nowhere in these positions and where they do there are only on board as deputies to the men who are the decision makers. While politics is likely to have a negative effect on who takes which position and service delivery in the end, ethnic or regional balance makes this look like the country belongs to only one community. The net for recruitment must be cast far and wide to cover the total population which stands at 37.5 million living within a surface area of 580,367 sq. km.

Balance Politics aside, appointments should ensure there is gender and regional balance so the country does not appear to be in the hands of one person. Women who are learned, and there are quite a number of them, must equally be allowed to take up these positions without the cloud of political patronage hanging over them. They should be looked at with the qualifications that they possess as well as ability to deliver. It is common knowledge that what a woman brings on board will not bear on an individual but will help an entire nation or community. Even in communities where women give ideas to men to share in the public barazas, women must be allowed to express their ideas freely. Traditional council of elders must also open space to women so they are also able to bring on board their ideas to help the community and country move to the next level. However, as the Constitution implementation process takes place, political affiliation and patronage must not be allowed to cloud the prospects of taking the country to the next level of development. Women and men must all be allowed to take up responsibilities in organisations and institutions that will move the nation to achieving the dreams as envisaged by the spirit of the new Constitution. Equality of regions and gender will allow the country to implement Vision 2030 as well as the international vision of the Millennium Development Goals. The net for appointments must be cast far and wide within the country’s surface area and it must also include both men and women on equal footing and recognition.

A montage of women leaders with a silhouette of a man. These are women who have succeed in their leadership roles and should be a clear example that women can equally be appointed to leadership and decision making positions. Pictures: Kenyan Woman Correspondent …By Jane Godia

he assumption that all prime positions of leadership must go to a man is something that Kenyans need to dispense with. While it is globally recognised that women are the best managers, when it comes to political power and decision making, women are relegated as second class citizens and pushed to the invisible periphery that they cannot take charge. Yet in many cases where men have been in charge things have failed, lives have been lost and development has failed to take place. A home where a mother has some sort of income is said to develop faster than one where she does not have. The same is said of homes where women bring on board their ideas as these are genuine and self less.

Equal share About 47 seven years since Kenya attained independence, women are still fighting for the right to an equal sharing of the national cake in terms of political leadership and positions of decision making. Hence it was quite shocking that after even after entrenching in law the issue of affirmative action, the political class still feel that Kenyan women are not qualified for management positions. While putting political angle to appointments would be key to ensuring that not people

from one community get appointments, it is also important to put in gender considerations to decisions on jobs and ensuring that Kenyan women are relegated from the lowly positions of answering orders to being the decision makers and order givers. What is important at this moment is that even though the reforms process is taking Kenyans to be either from Orange democratic Movement or party of National Unity, these two political entities that form the foundation of Kenya’s leadership must demystify the notion the face of leadership is a man’s. The wrangles between the parties is making it difficult for women to get their rightful position in appointments. While early setting up of offices is crucial in getting devolved structures of government set under the new Constitution up and running, incorporating the gender equality aspect is important in adhering to the letter and spirit of the new law. It must also be taken into account that politics aside, the agenda the country is going to set with the appointments will determine whether we are on the right path. These offices are very important and the task ahead for them equally enormous. For instance, the Controller of Budget must be one who is gender sensitive not only as key decision makers but also as one who is going to guide how national resources will be allocated. For the entirety that this country has been independent, the budget has failed to take

into consideration specific issues that touch on women such as reproductive health needs. The controller of budget will control the Consolidated Fund, the Equalisation Fund which is meant to implement the affirmative action and the 47 county accounts. The Constitution is clear that we must have an open selection process and not one controlled by patronage. This is why when a coalition of women’s organisations went to court opposing President Kibaki’s nomination of male candidates for the positions of Chief Justice; Attorney General: Director of Public Prosecutions and Controller of Budget, it was not in vain. The move was to ensure that both men and women are treated equally in this process.

Elective positions According to Nominated MP Millie Odhiambo there are no positions that are a preserve for women. “We must remove the notion that certain seats are male seats. Women must also run for positions such as governorship,” reiterates Odhiambo. “Women must run for elective positions as well and they must start early to announce their intentions.” Odhiambo said there are many cases where women have been giving men a run for their money. “The men are now going to negotiate with these women. They are lobbying so that the Continued on page 2

Issue Number 15 • March 2011

Women in Kilifi County speak out

…By Bendaro Tsuma

omen from the Coast have been considered to be soft and slow in their demeanour especially when it comes to politics. But not so this time round as Kenya is headed to a devolved system of governance that already has specific allocations for women in political decision making. Women in Kilifi County have given their voice, they want Ms Naomi Sidi Kumbatha as their senator. The women said during a brainstorming meeting at Kilifi Primary School in Kilifi Town that this time round, they are united behind one of their own. The meeting that drew participants from across the County had been called to brainstorm over the issue of leadership in the County as per the new Constitution. Women strongly decided that one of their own should take up the mantle of leadership in one of the top most positions in the County — Governor or Senator. They settled for the latter.

Equal representation The women were not shy in expressing their opinion with regards to how previous political leadership has been and how they want to chart the future. A nominated councillor in the Malindi County Council, Ms Barke Mohamed who is from Watamu, Malindi constituency said: “We want 50-50 representation in leadership of the County. Nobody should despise women because we can be as good as the men or even better.” A women’s leader from Bahari Constituency within Kilifi County Ms Chiku Wanje said: “Coast has a lot of resources which if harnessed well, can bring great prosperity. We have elected men in leadership for 45 years, it is now time we gave a woman a high post. I am sure we will notice the difference.” Her sentiments were supported by Ms Beatrice Mbeyu Mwamanje, a woman leader from within the County: “It is time for us to lead. We shall make sure our leadership is competitive and better than men’s.” Outlining conditions for one to pass the leadership test, Mama Getrude Bahati, chairperson of Mwerya Organisation in Malindi said: “One must pass the credibility test if he or she wants to be our County leader. Leaders must be accountable to the people. A memorandum of understanding must be signed be-

Miss Naomi Sidi is the womens choice for Senator in Kilifi County. She plans to take on development issues in the area. Picture: Correspondent

tween the leader and the subjects agreeing that he or she will perform.” She added: “We as women must stop our usual jealousy for one another and elect a woman to the Senator position. We must love one another as women and unite. I am sure men will back us if we do this.”

Unity Reiterating that women have been labelled as their own worst enemies, Councillor Esther Kache, of Kilifi County Council said: “Lack of unity, jealousy among ourselves and negative attitudes have been our biggest problem. We must reject ethnicity and embrace unity for the sake of prosperity. Women must stand up and be counted. We should elect a woman as Senator and man to be Governor.” Kilifi County Women Coordinator in Nairobi, Mrs. Aline Zia reiterated this fact. She called for the unity of women in the County to make sure one of their own is propelled to the top seat.

This was taken a notch higher by Ms Amina Kisasa who said: “Women will make better leaders than men. This is my strong conviction. Let us elect a woman to the senate. Let us elect Naomi Sidi to the post.” Her sentiments were supported by Ms Christine Ngala, daughter of the late politian Ronald Gideon Ngala who said: “Kilifi County has qualified women who can take up high positions like their male counterparts and Naomi Sidi is one of them.” Sidi, who was present at the meeting, accepted the women’s proposals and said she would vie for the post of Senator. She said she would kick off her campaign to go round the entire County to take her message of development to the people. “My agenda is development. We must empower our people to own land because they are squatters. Children must go to school for that is our means to development. Early marriages must end and the culture of educating only boys must come to an end. All children must be given equal opportunity to education and development,” said Sidi.

Development agenda

“One must pass the credibility test if he or she wants to be our County leader. Leaders must be accountable to the people.” — Getrude Bahati, chairperson of Mwerya Organisation

“It is time for us to lead. We shall make sure our leadership is competitive and better than men’s.” — Beatrice Mbeyu Mwamanje Womens’ leader

She reiterated: “Our people must also be empowered economically. Kilifi County and indeed the whole Coast region is well endowed with resources. We have the Kilindini and Lamu ports, agriculture, mineral resources, building sand and the vibrant salt industry in Magarini. Sidi did not fail to touch on tourism which has been a leading income earner in the country but for which Kilifi residents have hardly benefitted. “We have historical attractions, the beaches, beach hotels, a booming tourism sector, national parks, human resources, we have everything, all given by our God. Why should we remain poor like this? Why should we suffer so? Why?” she asked. Sidi has a degree in Mass Communication and has worked as in a senior position at Gulf Air, being in charge of the African Region. She has worked in a senior position at Kenya Airways as well as served as the Deputy Managing Director, Kenya Airports Authority. She is also a successful businesswoman. Chairperson Maendeleo ya Wanawake Organisation (MYWO) Malindi branch, Ms Asha Issa supported the views expressed by the women leaders.

Leadership is NOT the face of a man Continued from page 1

women can leave the positions to them. The Nominated MP who through her virtual institute is building the capacity of women and empowering them as political leaders say these seats are not a preserve for men. The same sentiments are expressed by Ms Naomi Wagereka, chairperson of FIDA-Kenya. “It is unfortunate that in the coalition government all positions are to heavy with men despite there being qualified women. Remember that even despite the Prime Minister being a man, all the deputy PMs are male as well.” She adds: “Does the two third principal mean that women can only get the lower positions? We fear that this may continue to parastatal appointments and women are getting uncomfortable with what is going on in the country.” The same trend has been seen even in Parliamentary committees that are all headed by men. Wagereka asks: “Where are the well learned women like Dr Sally Kosgei and Prof Margaret Kamar? Why can’t they head some of these committees? Why have they just been relegated to being members?” Odhiambo supports Wagereka’s sentiments and reiterates: “We want a zebra approach. It is unfortunate that in most of the appointments, men are being picked to lead with women as deputies.” This has been seen in the most recent appointments in the Commissions where the lead person is a man and the woman deputises. Wagereka says: “Women must come out and protest. Does it mean that these commissions cannot be headed by women?” However, Odhiambo still appreciates the fact that there are women declaring their interest in certain positions. For instance, Kitui Central MP Charity Ngilu has declared her interest for governorship of Kitui County. The women’s coalition movement made history when it went to court over Judiciary appointments in which the President not only failed to consult but also did not incorporate the gender aspect. While the President has withdrawn this list, even the court in which the women took their case appreciated the fact that gender equality missed in the nominations. In conceding that there was a violation of human rights, Justice Daniel Musinga said: “I am satisfied that the nominations were in breach of Article 27 (3) of the Constitution that guarantees fundamental rights and freedom of women and men to equal treatment including the right to equal opportunities in political, economic, cultural and social spheres.” Hopefully the vents that led the President to withdraw the nominations should set precedent to any further nominations as Kenyans implement the new Constitution, and that the spirit and letter of Affirmative action as entrenched lives to it name. Sally Kosgei was once the most powerful albeit reserved civil servant under President Moi. Kosgei served as permanent secretary in the Ministry of Foreign Affairs and also as Kenya’s ambassador to the UK. If it is a Curriculum Vitae that anyone could be looking for in leadership then Kosgei who has been an achiever boasts an impressive CV and equally rich history. Kosgei who once served as head of civil service had her PhD from Stanford University. She is also an alumni of Alliance Girls’ high school. Prof Margaret Kamar was principal of Moi University’s Chepkoilel Campus before she was nominated to the East African Legislative Assembly. She is a member of the Pan-African Parliament that is based in South Africa. She is also a member of the Kenya Women Parliamentary Association. She also has the privilege to sitting in the Fiscal Analysis and Appropriations Committee of the influential Africa-Caribbean-Pacific-European Union. Martha Karua is one of the only two women who are leaders of political parties. Her aspiration is to be the chief executive officer of Kenya and nothing else. While many, initially dismissed Karua’s political ambitions, she has shown no signs of relenting. After the attempts of Ngilu and Prof Wangari Maathai at the presidency, it is hope that Karua will make it in 2012. May be it is time Kenya’s leadership had a woman at the helm. Karua is a household name having been at the forefront in the civil society, women’s movement and Opposition politics in the past two decades. Just these names are a clear indication that leadership dose not have to be the face of a man.

Issue Number 15 • March 2011

Tabitha Karanja

Entrepreneur dares to tread only where men walk …By George Murage

t is not always that one will find a woman running a major industry as an entrepreneur. Women are known for going for small businesses that require minimum capital as they lack access to credit and loan facilities. This has been a limiting factor that has seen major industries dominated by men and women hanging outside the loop of major entrepreneurship.

Untrodden path There are certain industries that have been termed as the most lucrative. These include those like the alcohol sector that has been treated with awe by both the mighty and rich. However, with hope and determination one woman, was unable to resist the temptation to make the money. She dared step into the jungle, where only the brave and bold tread. In other words she dared to fly into the space where only ‘eagles’ dare. It was not an easy flight to reach where she is today. In the process, she had to fight powerful politicians and multinationals involved in the beer market. With a strong will, that only a woman can have, she was not going to give up. When they pulled her down, the act only made her strong and eventually she ended up where no woman in Kenya has ever been. Today she is the first woman entrepreneur to own a beer brewer. At only 46 years, Tabitha Mukami Muigai Karanja is chief executive officer of Keroche Breweries, the first ever beer factory to be owned by a Kenyan. Hers is a story of pain, anger, threats, intimidation, determination and prayers that have seen her emerge as one of the most successful women entrepreneurs in the country.

The beginning Her husband, Mr Joseph Karanja owned a hardware shop in Naivasha but decided to move into alcohol trade in early 1990s. He left the shop and moved to a small brewery just next to the current Keroche Breweries where with skeleton staff, he engaged in the fortified wine business. And as the demand for their product picked up, Tabitha joined the husband and has never regretted since then. “Things were real hard during the time as we were been fought from all corners of the country but this did not discourage us,” she says. In her efforts to establish the business, she has been reduced to tears as powerful individuals both in and out of government fought her using all manner crude methods and schemes. Some misguided politicians have gone out publicly to urge members of the public to ignore her products. Powerful government departments knocked on her door demanding over KSh1 billion as bribe. They even went to the extent of closing down the beer business.

Challenges “The most difficult time was in 2003 when over ten depots in Central Province were raided by the provincial administration,” reveals Karanja. At the time, she almost gave up as many forces including politicians and provincial administration conspired to bring down her emerging business. But when she thought of her dreams crumbling down, Karanja would get renewed energy and this motivated and made her stronger. She cannot count the number of times she walked along the corridors of justice in a bid to protect her business from competitors who were

threatened by her daring to tread where only men do. Karanja was scared but her resolve to see her aspirations come to fruition kept her going. She watched her business grow from a small three roomed factory with five employees to a state of the art brewery employing hundreds of Kenyans. This is all summed up by her motto, “Truly Kenyan”. According to Karanja, the journey has been rough and turbulent since 1997 when she ventured into the wine industry. “For over 12 years, I fought a lone battle with giant multinationals in the fortified wines’ industry,” she says. She had by and large penetrated the local market until 2007 when an unexplained tax raise forced her out of the wine business. “The Minister for Finance introduced punitive taxes for fortified wines and we had to move to brandy, gin and vodkas,” she explains. One not to be intimidated by the new directives, she decided to take the bull by the horn, by announcing that Keroche Breweries was going into beer making.

Determination On October 24, 2008, Keroche Breweries launched Summit Lager in a ceremony graced by none other than the Prime Minister Raila Odinga. “After much pain and sleepless nights, my dream had been achieved. This was the best day in my life,” she says. What Keroche Industries did was to give Kenyans a choice in the beer market after years of market dominance by a single multi-national. “For the first time in 87 years, Kenyans have a choice in the beer market,” she says. Karanja hopes to attract between 25 and 35 per cent of the beer market countrywide Tabitha Karanja, CEO of Keroche Breweries at her office. She has ventured into a business given a level playing ground. The Naivasha-based brewery initially that has always been seen as a man’s territory. Picture: George Murage employed 100 people, with hundreds more being engaged in the company’s distribution multi-nationals but one bank believed in us and tion,” Karanja says. network. advanced us the amount,” says Karanja. She says: “Despite all the challenges my Keroche, which initially specialised in makToday it is a totally different story. “We are dream is to extend beyond beer and have a ing fortified wines, already has a national net- pleased by how the beer is performing and I soft drinks company. Maybe then I will have work of distributors and retailers, which she says want to thank Kenyans for the support and con- achieved my life’s dreams.” will strengthen with the launch of the beers. fidence that they have given us,” notes Karanja. What about competition from multinationKaranja terms the journey as rough and full She reiterates: “This is the first beer brewed by a als or elaborate entrepreneurs who one can of obstacles, but is confident that all will go well Kenyan investor and I want to assure our con- hardly compete with? as the Summit beer has already been accepted sumers that this is the best product they will in the market while the Summit Malt is slowly ever receive.” Support picking up. Karanja, says despite the challenges she has “We do not have the kind of money that our faced, the coalition government has been sup- competitors have but this will not deter us from Investment portive of the local initiative unlike the past serving our consumers with the best beer ever,” The company invested KSh1 billion, a loan when she had sleepless nights over harassment she reiterates. from local banks in the new plant built by Italian by government officials. Karanja is full is full of praise for her husand Germany engineers. The new brewery has a Women find engaging in large-scale busi- band, Mr Joseph Karanja who is also the chaircapacity of 6,000 half-litre bottles per hour. nesses a challenge. However, a word of advice man Keroche Industries. The business was lucrative and through the from Karanja who has been there is one that Her husband not only plays a crucial role in earnings and bank loans, they managed to ex- would propel many women to the heights of the business management, but is also her best pand their production. The hardest part was business conglomerates. friend. when they decided to move into the beer marHer message to fellow women who shy from “Whenever I am down, he is there to lift me ket and required the one billion shillings to con- competing with men folk is that they can make up. I have a shoulder to lean on as he is always struct the brewery. it and even be role models to many. “This is the there to guide me. I owe him a lot,” she confess“We had a hard time looking for a financier 21st century and what a man can do a woman es. as many thought we could not compete with the can do. It’s time we showed them through acA mother of two boys and two girls, Karanja always has time for the family despite her busy schedule. “We had a hard time looking for a financier as many thought She says that in most cases, dinners are shared and birthdays are marked in a special way we could not compete with the multi-nationals but one bank as ‘family is the best thing in her busy schedule’. believed in us and advanced us the amount,” Her advice to fellow women it to be strong and not to shy off from their dreams as nothing — Tabitha Mukami Muigai Karanja is impossible. “I knew what I wanted in life and I worked Chief Executive Officer of Keroche Breweries day and night to achieve it and here I am.”

Issue Number 15 • March 2011

Neither blue nor orange Party politics and the gender dimension in appointments to key offices under the new Constitution

Symbols of party of National unity (PNU) which is dominated by the blue colour and Orange Democratic Movement (ODM) which is dominated by the colour from its name. Political leadership have taken to appointing only people who have supported their parties and women who have not been close to these entities have lost out on major appointments.

enyan women celebrated the promulgation of the Constitution in August 2010. After a gruelling and treacherous sojourn spanning decades, women’s rights found pride of place in the new Constitution. Most fundamentally, a constitutional provision that negated constitutional guarantees by making it lawful to discriminate against women on the basis of customary law relating to issues such as burial and inheritance was finally laid to rest.

By Prof Patricia Kameri- Mbote

No discrimination The new Constitution is categorical that men and women have rights to equal treatment and equal opportunities in the political, economic, cultural and social spheres. It also provides that discrimination on the basis of gender is unlawful and that any law that is not in line with the Constitution is invalid. This includes customary law. Moreover, it is boldly stated that appointive and elective positions should not be occupied by more than two thirds persons of the same gender. This enshrines the affirmative action principle that was in virtually all the memoranda presented by women at different stages of the Constitution review process. Having been discriminated against by sanction of the repealed Constitution, statutory laws, customary practices and norms at family and clan level, women saw the provisions of the new Constitution as a monumental step forward in realizing their rights. It has, however, become clear that women have to overcome many hurdles before they realise their rights. In a very male dominated space, women’s realisation of their rights will depend on the extent to which they are willing to fight for their rights. This calls for unity of purpose and tenacity on the part of women. Indeed people who have enjoyed privileges all along will have difficulty ceding space voluntarily whether there is a new Constitution requiring it or not. Women’s enjoyment of their rights will be mediated by power brokers whose main concern is not necessarily to see the realisation of women’s gains in the Constitution. There is for instance a trend that is emerging where any contender for any office nationally is fitted into one of three boxes: Party of National Unity (PNU); Orange Democratic Movement (ODM); or ‘Safe’ (acceptable to both PNU and ODM). This situation has been exacerbated by the requirement that for any new appointments, the President is required to consult the Prime Minister whose office is established under the National Accord and Reconciliation Act 2008. In addition to this, the National Assembly must approve the appointments. This procedure

is meant to ensure accountable and representative decision-making. The question however is whether it does so in actual fact. I contend here that though well meant, this requirement does not guarantee the participation or equality of opportunity for all Kenyans. More pointedly, this provision raises a number of problems for women seeking to be appointed. First, women are not the drivers in either PNU or ODM and can consequently be muzzled. There are few women at the helm of political parties in Kenya generally and there is no mechanism for holding political parties to account for gender equality.

Political minorities It has been noted that though the main political parties had pledged to institute quotas for women in their nomination processes in the runup to the 2007 election, none of them have implemented it. There has been no legal mechanism requiring them to do so until the new Constitution was promulgated last year. The delay in amending the Political Parties’ Act to give effect to the Constitutional dictates of equality has allowed the power barons in the parties to operate as if there is no new Constitution. Being in the numerical minority and beholden to their chiefs, women members of political parties may therefore opt for the safer and expedient stance of supporting their party position even

when it discriminates against women. Second is that women are a minority in Parliament and with party positions being determined by the key drivers, women may have little influence on who ends up being appointed. It is sad to observe the divisions of women parliamentarians along party lines which deny them the power of one voice as women.

Qualification Third, many qualified women may not be affiliated to either ODM or PNU. Indeed the current arrangement does not allow for voicing of independent positions because ‘safe’ is a person acceptable to ODM and PNU where neither side wants to cede ground. Being safe is difficult because it does not mean that you are neutral. It only means that you do not threaten either side and each side sees you as a person they can use to advance their partisan interests. Placed in such a situation, a person will not be able to operate independently. There are many qualified Kenyan men and women who are neither PNU nor ODM and this means that they have no chance of being appointed when viewed under the blue (PNU) or orange (ODM) lens. This denies the country the service of gallant sons and daughters. There are also other political parties besides PNU and ODM but these too are disenfranchised in the current arrangement. It is worth pointing

It is worth pointing out that once a person is shortlisted or nominated for appointment, they are quickly fitted into the boxes and owned by different sides without being consulted about their affiliations.

out that once a person is shortlisted or nominated for appointment, they are quickly fitted into the boxes and owned by different sides without being consulted about their affiliations. It does not matter how qualified a person is, that counts for nothing at the end of the day, as lots are cast between the main contenders for their ‘person’. Each side outdoes itself to discredit the appointees and nominees seen as belonging to the ‘other’ side. Indeed many professional careers are being destroyed in this process violating the constitutional rights of the professionals all in the name of pushing a position on how the same Constitution they are violating should be implemented. Fourth, looking at the appointments to date, none has been of a woman to ‘the’ key position. A pattern is emerging where men are the ‘chair’ and women the ‘vice chair’. One may argue that this is an improvement from the previous situation where women were nowhere in the picture. It could, however, validate presumptions that women cannot be leaders and must essentially be men’s deputies. There is no Constitutional provision reserving the position of ‘chair’ for men and the ‘vice chair’ for women. The failure of women to find senior slots probably validates my assertion that women are not at the nerve centre of decision-making on appointments and nominations.

Negotiations In a nutshell, it is possible for the President, the Prime Minister and Parliament to agree on appointments through negotiated agreements that are expedient for and serving the interests of all at the negotiating table. They would in such a case be adhering to the transitional requirement on consultation of the Prime Minister by the President and approval by the National Assembly. This, however, does not exempt the actors from abiding by the fundamental provisions of the new Constitution such as participation of the people, equity, inclusiveness and equality. Failure to abide by the letter and the spirit of the new Constitution as the old order resists the birthing of the new order will cost the country dearly in terms of time and finances. Kenyan women should not give up the fight to realise their gains however long it takes. We have walked so far along this road to turn back now. Let the blood, tears and memory of our mothers, sisters, fathers, brothers, sons and daughters who have lost their lives or kept this dream alive for so long spur us on to the finishing line. May those who come after us remember us by the sustained fight we kept for the women of Kenya to realize their rights. Aluta Continua!! The writer is a law professor and advocate of the High Court of Kenya

Issue Number 15 • March 2011

Women must mobilise to get what is rightfully theirs

…By Jane Godia

he riots and protests in Tunisia, Egypt, Yemen and Libya were meant to topple governments that are said to be dictatorial and out of touch with the reality on the ground. However, even as Tunisia and Egypt crumbled under the people’s power, one could not help noticing the women at the front line of these mobs who stormed cities of these countries.

Participation Not shying away from making their demands, the women were part of the process that demanded for change. They were in the frontline and made their demands in the same way that men did. In Bahrain, just like in Yemen and Italy, the women, young and old formed the first line as the protestors surged forward from wherever they were. Whereas in Bahrain the main goal seems to have been to get rid of the prime minister and introduce more reforms rather than oust the entire royal family, in Libya the disaffected crowds quite simply want Col Gaddafi to go. It is very personal. One of Egypt’s best-known women’s rights activists, Nawal el-Saadawi, who has been campaigning for decades, tells the BBC World Service that women have been at the forefront of the protest. “Women in Egypt need to be liberated,” she says. The faces of these women exemplify what the Kenyan women must do. The spirit of constitutionalism has been broken by lack of consultations and gender discrimination. While a coalition of Kenyan women organisations took the matter to court, in a case that was been enjoined by many other interest groups, women taking

Members of the G10 together with grassroots women mobilised to the streets to protest against judicial appointments made by the President in February. In line with the new constitution women are no longer going to sit back and be treated as second class citizens. Picture: Kenyan Woman Correspondent to the streets to make their agenda known is not strange to Kenya. However, previously the most common sight of women protesting has been that of those agitating against their husbands drinking habits especially where illegal brews have rendered the men impotent and denied the women and opportunity to matrimonial obligations. The case for the Kenyan women, took a new twist when the groups decided to walk from the Freedom corner on Uhuru Park to Parliament buildings to deliver a memorandum on what they want the Speaker of the National Assembly to do in relation to presidential nominations to Judiciary appointments. While silent diplomacy has been known to break some barriers, there are times when mobilisation is what it takes to get action done on certain national matters. Pressure on the government to follow the spirit of constitutionalism must be sustained throughout the process until all laws apertaining to the document have been written and passed.

Losing out If the process is allowed to start on a wrong footing then correcting it will not be easy. For the women of Kenya, losing out on the first nominations for the new Constitution will mean a loss throughout. It will mean that the gains they have had many about will not come to fruition. Things are not going to be smooth sailing as the Constitution implementation takes place. Forces that were against reforms right from the beginning are now fighting to ensure that

Kenyans do not live to the spirit of the referendum and promulgation. The women must fight and lobby for support from far and wide and this must include the United Nations and African Union. Women must lobby for support locally and go beyond Nairobi into the grassroots where courts have judgments that do not get support in Parliament. According to Ms Wangechi Wachira, Executive Director Centre for Rights Education and Awareness (CREAW) so much work has been done anchoring on women’s rights. “It is unfortunate that the President has not realised that there is a new Constitution in place.’ Speaking to women’s organisations at his residence, United States Ambassador Michael Ranneberger reiterated why it was important that the reforms process succeeds. The envoy called on women to seek other positive voices beyond the Speaker. “This is a watershed moment. If these nominations go through then the reform process is dead,” reiterated Ranneberger. “What we need is for nominations to be defeated and we be allowed to push for an open process.” According to Mr Morris Odhia-

“The process of the nominations has generated heat, controversy and tension in a manner that threatens national unity.” — G–10

mbo, of Centre for Law and Research International (CLARION): “If we let the four nominations go, we will have started on a wrong footing.” The ambassador warned that Government was mobilising its own. “People are mobilising against each other and discrediting what others are raising,” Ranneberger said. According to Grace MaingiKimani, Executive Director FIDAKenya, the Government was clear on dividing CSOs. “There is an extreme effort to throw off the reform process,” reiterated Kimani. However, women’s organisations are adamant that the reform process must continue even if it means mobilising from all fronts including working with the youth. “It is time to engage with public interest litigation,” said Ms Tabitha Njoroge, Executive Director, WiLDAF Kenya. It is clear that all Kenyans are aware that things are not right and that they are being taken for granted. Ranneberger advised that CSOs put a platform through which they will process issues together with the other commissions that were formed as a result of Agenda 4. “These platforms must push for change. What needs to happen must be dramatic,” reiterated Ranneberger. As a coalition, women’s organisations that included Centre for Rights Education and Awareness (CREAW); Caucus for Women’s Leadership (CWL); Tomorrow’s Child Initiative (TCI); Development Through Media (DTM); Women in Law and Development (WiLDAF); Coalition of Violence Against Women (COVAW); Young Women’s Leadership Institute (YWLI) and the League of

Kenya Women Voters brought a petition as groups and associations acting on behalf of their members, on behalf of the women of Kenya and in public interest. The organisations are networks of civil society organizations and members of G-10 and G-10 Plus that work towards advancing and advocating for gender considerations in all spheres of development. Among the issues that the G-10 raised in its petition were that on January 28, the president announced the nomination for approval and eventual appointment of persons to the offices of the Chief Justice, Attorney General, Director of Public Prosecutions and Controller of Budget in a manner that is unconstitutional.

Outcry The women stated: “All the persons so nominated are male gender . . . The aforesaid appointments were never advertised in order to give every eligible Kenyan an equal opportunity for consideration.” They added: “The process of the nominations has generated heat, controversy and tension in a manner that threatens national unity.” Under Article 129 of the Constitution of Kenya, the Executive Authority of the Republic of Kenya should be exercised in accordance with the Constitution and in a manner compatible with the principle of service to the people of Kenya and for their well being and benefit. A coalition of women’s organisations went to court to stop the nominations on the basis of gender discrimination. The High Court, through Judge Daniel Musinga held that provisions in the Constitution must be read in harmony with other Continued on page 6

Issue Number 15 • March 2011

A battlefield victory

…By Tom Avant and Anne Njogu

n February 3, 2011, the Honourable Daniel Musinga, a Judge of the High Court of Kenya, issued an important ruling with a restraining order that blocks the approval of recent nominations to high federal governmental positions made by the President of Kenya on January 28, 2011. In his official ruling, Judge Musinga said, in part: “I make a declaration that it will be unconstitutional for any State officer or organ of the State to carry on with the process of approval and eventual appointment to the offices of the Chief Justice, Attorney General, Director of Public Prosecutions and Controller of Budget based on the nominations made by the President on January 28, 2011.”

Petition This ruling came at the end of a hearing before Judge Musinga in which eight non-governmental organisations, acting largely on behalf of the women of Kenya and following their petition on February 2, 2011, sought redress for discriminatory and unconstitutional acts taken against women, specifically those taken by the President with his recent nominations. The most important order sought was the restraining order ultimately issued by the Court. In his ruling, the Judge first cited the legal foundations of the petition, various portions of Kenya’s new Constitution and principles underlying those sections. Judge Musinga then noted that the petitioners (the legal term used to describe parties seeking action from a court, in this case the nongovernmental organisations) had also applied for relief in a chamber summons, saying that the Office of the President had acted unconstitutionally in its nominations of January 28, 2011 because all of the nominees are male, the Office of the Prime Minister was not consulted before the nominations were made, the Judicial Service Commission has asserted that it did not recommend nominees to the Office of Chief Justice, and the positions were never advertised publicly to give other eligible Kenyans the opportunity to apply for consideration for nomination. Then he reiterated the most important relief that the petitioners were seeking from the Court: the aforementioned restraining order. He also pointed out that the application was supported by an affidavit sworn by Ann Wairimu Njogu, Executive Chairperson of the Centre for Rights Education and Awareness, the first of the eight petitioners. The defendant, known officially as the respondent, in this case was the Attorney General, represented by Miss Wanjiku Mbiyu and others.

The case The main arguments put forth by the petitioners in this hearing were that the petition filed earlier and the depositions (statements) in Ms Ngoju’s affidavit clearly show that the petitioners have a prima facie case, i.e., a case in which the evidence presented is sufficient for a judgment to be made, with a likelihood of success. Also, the four nominations they objected to were made in violation of six Articles (main sections) of the Constitution. Furthermore, the petitioners contended that the nomination for Chief Justice was made unconstitutionally without involving the Judicial Service Commission and that the Office of the Prime Minister had alleged that it was not consulted before any of the four nominations were announced. To support this allegation one of the lawyers for the petitioners pointed out various newspaper cuttings attached to the petitioners’ affidavit. The petitioners also cited a precedent case from South Africa to show that the nominations violated the right to equality. Representing the Attorney General (the respondent), Miss Mbiyu said that there is no material evidence, other than media reports, that there was no consultation between the President and the Prime Minister. She conceded, however, that discrimination against women indeed ex-

“I make a declaration that it will be unconstitutional for any State officer or organ of the State to carry on with the process of approval and eventual appointment to the offices.” — Judge Daniel Musinga, High Court isted in the four nominations because all of the nominees were male. Another representative of the Attorney General, Mr C. Kihara, supported Miss Mbiyu by saying that neither the President nor the Prime Minister had sworn affidavits regarding the consultation issue; thus no evidence existed to show there were no consultations. Kihara also expressed his belief that granting a restraining order would prevent the National Assembly from performing its statutory duty to approve all nominations and thus violate the

Ms Alice Wahome, chairperson League of Women Voters and Ms Judith Sijeny, Vicechairperson FIDA celebrate in court after the Judge Daniel Musinga issued a restraining order against judicial appointments made by President Kibaki. Picture: Kenyan Woman Correspondent. doctrine of separation of powers. Approaching his final decision in the hearing, Judge Musinga expressed his opinion that the letter and spirit of the law must be respected in any interpretation of the Constitution. He also said that, in this instance, he was restricting his final ruling to the petitioners’ request for a conservatory (restraining) order and not the entire petition. What, he asked then, have been the major violations of the Constitution in this case? Judge Musinga expressly noted that Miss Mbiyu, representing the Attorney General, had conceded that the President should have received recommendations from the Judicial Service Commission before he named a nominee for the position of Chief Justice. He also considered the matter of whether the President had indeed consulted with the Prime Minister before he made that same nomination. The Kenyan Constitution, the judge pointed out, does not define the word consultation. He then asked, “What does the word consultation therefore mean?” After examining three different dictionaries’ definition of the word and the definitions discussed in two legal cases, along with the news-

paper attachments to the petitioner’s affidavit, the judge must have decided that the meaning of the word must be accorded great latitude because he concluded, “it appears to me that there was some consultation between the President and the Prime Minister.”

Inclusion But this was not the judge’s final thought before issuing the restraining order. In considering the section of the Constitution that guarantees equal treatment of men and women, Judge Musinga wrote: “To the extent that all the nominees to the offices of the Chief Justice, Attorney General, Director of Public Prosecutions and Controller of Budget were all men, the spirit of equality and freedom from discrimination was not given due consideration. While it may be argued that in future appointments to public offices women were likely to be included as submitted by Mr. Kihara, no reasonable explanation was given by the respondent why none of the four appointees was a woman.” Then the judge of the High Court issued his restraining order and struck a blow for the rights of all women in Kenya.

Women must mobilise to get what is theirs

Continued from page 5

relevant parts of the basic law. In his 27-page ruling, Musinga said it would be illegal for the President or any State organ to carry on with the process of approval of the four nominees until the case is resolved. Musinga said in naming the four nominees, the President did not consider gender equity contrary to the provisions, spirit and letter of the Constitution. In the Article dealing with Equality and freedom from discrimination, Article 27 (3) says: “Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.” The Speaker of the National Assembly Mr Kenneth Marende threw the ball back to the two principals. Putting the interest of the country above the political class, Marende said the matter will no longer be discussed in Parliament. Speaking through State Counsel, Ms Wanjiku Mbiyu, the chief legal Govern-

ment advisor Mr Amos Wako said that President ignored the Constitution. The Judicial Service Commission, whose members include Amos Wako and Chief Justice Evan Gicheru, rejected Kibaki’s list on January 31 and recommended that the names be withdrawn and recruitment process started all over again. The court battle over the nominations now has 16 parties seeking to be enjoined to the case whose precedent was set by women. A group of civil society organisations, political parties and non-government organisations swarmed the court seeking to be enjoined as interested parties or friends of the court and their applications were allowed. This was just a clear indication that mobilisation and speaking to different parties would be the only way that Kenyans will get heard. The President rejected Marende’s decree that he consults Raila over the matter saying as head of State his word was final. With this stalemate, the country was pregnant with

tension. Members of the diplomatic corps and Media Owners Association called on the two principal to stop the bickering going on all over the country. A statement read on behalf of the envoys by the Swiss ambassador Jacques Pitteloud said: The Kenyan people expected broad agreement on key issues of substance.” Media owners and the business community also had the same message for the two principals. The media owners reiterated that the bickering was sending the country to dangerous levels and will not allow the media to be used as a platform for sending across negative messages. When the President withdrew the nominations, he said the public mood did not welcome his move and that the country was hence pregnant with tension. Prime minister immediately hailed the move. However, for the women the daggers are still drawn and the question that remains is whether gender will be incorporated to these appointments.

Issue Number 15 • March 2011

Autocracy and political alliances keep women out

…By Wanjiku Mwaura

s the electioneering mood reaches fever pitch, political alliances are en vogue. The alliances have been dismissed in some quarters as ‘exclusive male’ clubs with no development agenda. Women who are among the majority voters are still regarded as ‘with nothing to bring to the table’, says Ms Monica Mbaru, a lawyer and civil rights activist. “Just look around, few men or the so called community spokesmen or elders have offered to talk Martha Karua who is a party leader for a possible alliance,” Mbaru says. And Constitutional lawyer Harun Ndubi agrees that the current alliances have no national interest at heart. “Political alliances stand on quick sand because their formation is driven by selfish interests,” he says.

Alliances Polycap Onyango, a corporate governance specialist, reiterates: “Emerging political alliances ignore fundamental shifts of power from a centralised system to the County Governments. The alliances are tribal and based on past political arithmetic that may not work today.” As Kenyans prepare to usher in a new system of Governance as envisioned in the new Constitution, women have been kept at the sidelines. “The view is they bring nothing and their votes don’t count,” says Waruguru Mwangi, an official in one of the youth groups in Kiambu. “Everybody saw how Uhuru Kenyatta and the so called Kikuyu elders treated women in January when they locked us out of a meeting to chart the way forward for politics after Kibaki,” she says. The meeting at Gicheha Farm in Nakuru, that belongs to Uhuru’s late father Jomo Kenyatta and attended by prominent members of the community with political, farming and business interests in Rift Valley reportedly discussed issues of mutual interest on politics, economy and security. “We discussed the importance of remaining united as a community and how we can work with the Kalenjin community in the future,” said an elder from Nakuru. Those who turned up for the meeting are

wealthy and influential people from Kitale, Eldoret, Nakuru, Molo, Njoro, Nanyuki, Nyahururu, Kericho and other parts of Rift Valley. Most of them were deeply involved in Uhuru’s campaign when he vied for the presidency after former President Moi retired in 2002. Guards at the main gate told journalists: “We have been instructed this meeting is for elders from the Kikuyu community and no woman is allowed in.” Asked why women were locked out of the meeting, an MP who attended the meeting said it was a “men’s affair...This was a meeting for elders and leaders of our community and traditions dictate that women keep off,” said the MP who did not wish to be named. Though Finance Minister refuted claims women were locked out of the meeting, observers say the so called ‘elders autocracy’ continues to ensure women are locked out in the making of key decisions. “The assumption is that elders are the men who make decisions that women will follow,” says Mwangi. “What makes them think that all women in Central agree to such secretive endorsements?” she poses.

Perception Mbaru says the current posturing shows that women are expected to ‘just sing and ululate as political decisions are made on their behalf ’. She regrets women may not even reap the benefits of the new Constitution because of perceptions in many communities. “In many communities, women are not proactive and only follow what elders or their husbands and male relatives say,” she reiterates. Mbaru says majority of Kenyan women are yet to understand the opportunities that the new Constitution presents. For example, Article 27 (3) speaks of equality and freedom from discrimination and says: “Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.” Article 31 speaks of freedom of conscience, religion, belief and opinion and says in (3): “A person may not be denied access to any institution, employment or facility, or the enjoyment of

Women’s coalition present memorandum to members of parliament. The political class and alliances are locking out women in the country’s new constitutional dispensation. Picture: Kenyan Woman Correspondent.

any right because of the person’s belief or religion.” Article 36 speaks of freedom of association and says in (1): “Every person has the right to freedom of association, which includes the right to form, join, or participate in the activities of an association of any kind.”

Abuse Uhuru and the elders meeting in the Rift Valley must have forgotten or ignored the fact that Kenya has a new Constitution in place that protects women and gives them access to what was previously considered a male domain including political association. Mbaru regrets that it may take time before many women comprehend the radical shift in leadership that the new laws bring. She says the so-called elders have abused their ‘power’ at the expense of women and youth. Anretta Wanjala, a political science student at University of Nairobi says: “Most of the political disadvantages facing Kenyan women are because of elders’ autocracy.” Though Kenya has advanced, some cultural practises have made it impossible for women to advance politically. “Chapter Six of the Constitution, puts emphasis on integrity, but that is not a major consideration in some of the endorsements or candidates being fronted,” reiterates Wanjala. She says most communities now have so many people claiming the ‘elders’ mantle’. “A few people gather and sell community loyalty to the highest bidder and they call that elders’ decision,” she says. Wanjala says women should also consolidate their base and use it as a bargaining power. “While I don’t advocate for disrespect to the

so called elders, women should play a bigger role in deciding who gets elected,” she says. Pablo Orengo, also a political science student says the current social and political setup has somewhat diminished the role of elders. “Eldership is all about power. Nobody wants to be irrelevant. They want to be seen as wielding power and they make it look like a God given right,” he says He says Kenya’s political set up mimics traditional setups where men were seen as the heads. “Traditionally, it was not wrong to lock women out of power and the same perception is being applied even in the running of political parties,” he says.

Role playing Orengo hopes the new Constitution will be adhered. “The ways things look, the so called elders must be forced to recognise that this is a new era and men and women must play their role in nation building,” he says. The elders need to go back and read Article 10 on national values and principles of governance that say in Clause 2 (a): “the national values and principles of governance include patriotism, national unity, sharing and devolution of power, rule of law, democracy and participation of people.” And (b) human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised.” The men, who hide behind the leaders cloak in excluding women and youth in meetings to discuss the destiny of this nation must realise that they will only achieve what they are looking for if they incorporate inclusivity and put in the back banner that animal called patriarchy.

Has the new Constitution sidelined Wanjiku?

…By Rosemary Okello

hen former President Moi used the term ‘Wanjiku’ to mean an ordinary woman who was not part of the constitutional process, the word became a symbol of inclusion of the ordinary people. The name, therefore, represented the fictional woman created to represent the average Kenyan woman who got an opportunity to air her views on constitutional matters. And thanks to this, Wanjiku participated during the Bomas Conference, where she became part of the constitutional discussions. She contributed immensely to the kind of Constitution that Kenya should have. At Bomas, Wanjiku participated in making “her-story” and for a change, the women were present as a minority unlike the Lancaster period, when the table that made decisions on the laws

of Kenya was made up of men only. Therefore when the Constitution was promulgated in August last year, apart from ushering in the second Republic, it epitomised the victory for the women of Kenya. At last, the highest law of the land recognised the role of women in the overall development of this country as entrenched by the Affirmative Action principle.

Left out The women were, through the new law, assured of being part of the implementation process starting from appointments to making their views heard through all fora including the media. But since then Wanjiku has been watching pensively from the sidelines, and at times wondering about the goings on, particularly the political noise that has taken centre stage at the expense of real issues. Apart from

not having clear information on how to engage with the Constitution currently, it is now clear that women in the grassroots have no clue of what the new Constitution is all about. Yet new Constitution is a progressive document which can help change their lives especially the Chapter on the Bill of Rights. There is need for Wanjiku to stand up and be counted in the implementation process just as she did during the Bomas conference where her voice was loud and clear. Time has come for the majority of average women, who form a critical mass in this country, to start engaging with the on-going constitutional debate and start interrogating how the spirit of the new Constitution will be made alive within their communities. And with the Counties and decentralization of both governance structures and resources, the Wanjikus need to set up a mechanism on how they will engage with the men at the

County level to ensure proper implementation of the Constitution. Even though the issue of Wanjiku has been used over the years to show that even the ordinary Kenyan has been part of the constitutional struggle, the new Constitution should be used to fulfil the expectations and ambitions of Wanjiku and her children.

Implimentation But as things stands now, all of Wanjiku’s children are looking towards a life exactly the same as that which brought their mother to where she is, if the implementation does not consider her role in the whole process. Is there a chance then for Wanjiku to be part of the implementation process the same way she was during the Bomas conference and other processes that were used to bring the new

Constitution to the fore? That is the question many women are asking especially now when issues around the new Constitution are being translated in political and ethnic terms. For many women, the new Constitution can only be valid if it can answer the needs of millions of Wanjikus and ensure that the Chapter on Bill of Rights is operational where they be entitled to basic needs as enshrined in the Constitution namely; shelter, education, health, food, basic rights and these are the foundation for everything. Therefore, those charged with the implementation process must remain responsive and be accountable to Wanjiku through the provision of adequate checks and balances that ensures that she will never again have to face the raw unyielding and sometimes cruel power of the politicians.

Issue Number 15 • March 2011

Microfinance rips off women

…By Musa Radoli

housands of Kenyans have been swindled off millions through bogus micro-financial institutions through mobile money transfer loan schemes involving exorbitant interest rates. The Deposit Micro-Financial Institutions (DMFIs) involved in the scam on a monthly basis are raking in billions of shillings that are transmitted to them at the end of every week through the local mobile telephone service providers who are operating money transfer services. According the Anti-Banking Fraud Police Unit, some of the individuals behind the mushrooming microfinance institutions are the same characters who were masterminds of the multibillion shillings pyramids scam. The institutions, most of which are not registered and licensed to operate by the Central Bank of Kenya (CBK) in accordance with the Banking Act are luring women’s self-help groups as organisations or individuals to secure loans payable on a weekly basis whose interest rates are as high as 36 per cent per annum. They insist that all the loans issued must be re-paid within a five month period with weekly repayment modules including interest charged depending on the principal amount loaned. However, a certain percentage of the interest is retained from the principal amount by the loaning organisation.

Target The operatives who are targeting the women’s groups operating in Nairobi city’s residential and retail/wholesale market centres ensure that their agents know up to the doorsteps of each and every individual loanee’s business and residence using threats, intimidation and all manner of tactics in case of delayed payments. Ironically, the scams are not only being operated by locals some of whom were involved in the collapsed pyramid schemes, but they have also attracted foreign operatives based in Europe, North America, Asia and major African cities. A victim of the bogus DMFI operatives based at Gikomba market, Mrs Mercy Wanjiru Kamande says: “I came to know about the Holland based organisation known as Musoni through our business women’s group at Gikomba market. They convinced us and individually we took loans of varying amounts with limited security. I took one for KSh35,000.” Kamande says that immediately after receiving the cash she realised that KSh1,050 had been deducted and only received a total of KSh33,950. The organization demanded weekly re-payments of KSh1,753 without fail for over 22 weeks. There was also a transaction fee of KSh20 at every transaction that added up to KSh39,006 in payments out of the KSh33,950 principal loan. “It means that within the 22 weeks I dealt with these people, they made KSh6,056 in less than six months. This amounts to having paid an interest rate of 18 per cent within these few [five] months,” she says. At that rate, this translates into 36 per cent interest charged within a single financial year.

High interest rates Kamande says: “My nightmares began when the agents of the company started harassing me everywhere I went, including my residence. They would come beyond normal working hours, threatening to have me arrested and held incommunicado just because I delayed in transmitting the scheduled weekly re-payment by a few hours.” Investigations on the country’s registered DMFI financial institutions established they were charging an average interest of about 20 per cent per annum on any of their loan portfolios to clients that automatically translated into 10 per cent if paid within six months. The institutions confirmed that none were issuing loans which must be repaid within six months at 18 per cent interest rates pegged on

Women selling fish at the Gikomba market. Women have become targets of individuals and organizations out to take advantage of them in the name of giving them financial credit. Picture: Moses Radoli being weekly repayments. Inquiries about Musoni established that it had no particular fixed address from which they conduct their businesses although they have been in the country since early last year. Information contained on the Internet confirms that the organisation, though based in Amsterdam, in The Netherlands does not have any tangible micro finance businesses there nor in any other country but had begun its business operations first in Kenya where it had recruited at least 36 locally based operatives to carry out its transactions.

Debts Musoni claims that in the first three months it begun operations in Kenya it had accumulated debts amounting to €350, 000 (KSh35 Million) that had been borrowed by women who consist 67 per cent of their clients and are based not only in Gikomba but across the city from Eastlands to Kangemi, Kawangware, Dagoretti all the way to Ongata Rongai. A document posted on the website signed by the organization’s Chief Executive and two other top officials called Musoni Q3 2010 update Amsterdam, 25 October 2010 says: “In the Deposit Taking Microfinance (DTM) license application we are moving towards obtaining a letter of intent from the Central Bank of Kenya. Discussions are underway regarding the ownership structure of Musoni Kenya and the placement of our database.” The Dutch based officials of the organisa-

tion are Lukas Wellen, the Chief Executive Officer, Andrew Taylor, Chief Financial Officer and Bart van Eyk the Chief of Operations. However, it is loudly silent on who expedited and is in charge of its operations in Kenya targeting to be spread to Uganda and Tanzania beginning this year. Inquiries at the CBK confirmed that the bank had not issued any license to an Amsterdam based Deposit Taking Micro Financial Institution to start soliciting for deposits and disbursing loans from and to Kenyans since priority is given to Kenyan investors to the banking business segment. A CBK official from the licensing department who declined to be named said on phone: “There was an application for a DMFI license from an institution with a similar name sometime last year, but it was not issued and cannot have begun operations without the CBK authority of license. They did not meet the stringent requirements for any organisation to operate a microfinance business here.”

Market However on the organisation website proclaims: “Musoni continues to service new clients according to plan and we are on track to meet the ambitious target of 5,000 clients by year end. We have now reached 2,000 active clients and an additional 2,000 prospective clients are following our four week induction program.” It goes on: “On the 1st of October our 2nd branch opened successfully. It is located in Nai-

They insist that all the loans issued must be re-paid within a five month period with weekly repayment modules including interest charged depending on the principal amount loaned. However, a certain percentage of the interest is retained from the principal amount by the loaning organisation.

robi’s enormous Gikomba market and is already experiencing significant client demand. We have hired 14 additional staff bringing the total staff for Musoni Kenya to 36. We plan to open Musoni’s third branch in February 2011 and are performing studies on suitable areas outside Nairobi, moving into semi-urban territory. We are performing additional studies on Uganda as Musoni’s second country of operations and we have adapted our planning to start new operations in Q3 of 2011.”

Clientele The organisation boasts that most of its clients so far are female (67 percent) and active in commerce and trade (86%). The average loan size is €275 and their current total outstanding loan balance is approximately €350,000. Over the past quarter, they have seen their first clients paying off their first loans at 36 per cent and some moving into subsequent loan cycles and thus allegedly accessing longer loan durations, higher loan amounts and lower interest rates. It is interesting to note that Musoni says: “The marketing strategy mainly by word of mouth is currently serving us well, but we continue to review the level of demand to assess whether further initiatives are required. Feedback shows us that our clients are most of all impressed by our transparent processes and pricing and speed of loan disbursements (<72hours), following the 4 week training period.” The organization’s CEO as a clincher says: “We are also starting the development of a portal that will simplify processes in Kenya. With Musoni growing up and dealing with increasing volumes (we now disburse approximately 200 loans and receive approximately 1,250 loan repayments per week) we invested in the stability and further development of our IT backbone by hiring two additional IT staff in Amsterdam.”

Issue Number 15 • March 2011

More than KSh300m lying idle The Fund is managed by an Advisory Board composed of competent Kenyan men and women of diverse professional standing and experience.

…By Winfred Kagwe

hile women have always complained about lacking access to credit, a fund established for women to get loans has indicated that they are not going for the money. More than KSh300 million allocated to the Women Enterprise Fund to be taken as loans is sitting idle in constituency and microfinance institution vaults. Out of KSh1.5 billion allocated to the fund since its inception in 2009, only KSh1.15 billion has been lent to business women, leaving over 23 per cent unutilised. The constituency channel of disbursement shows worse performance as over 33 per cent of funds have not reached the target, because out of the KSh465 million allocated, only KSh308 million has been loaned out.

Management

Gaps The MFIs, which received a larger share of the funds for on-lending to the tune of KSh1.032 billion and charge 8 per cent interest on loans, have been able to dispense KSh842 million, or over 80 per cent. “The gaps between allocation and amount disbursed under C-WES (Constituency Women Enterprise Scheme) and MFIs is attributed to differences in absorption capacities of women in various constituencies,” says Mr Wainaina wa Njeri, the Chief Executive Officer of the Women Enterprise Fund. He adds that 45 MFIs have fulfilled its onlending conditions. There have been complaints over lack of information on where to get the funds, especially among rural women. The gaps between allocated and disbursed amounts is wider in some areas like North Eastern and Eastern provinces, according to a report by the Fund. For instance, out of KSh22 million allocated to the North Eastern Province, less than half (KSh9 million) was taken up.

Culture A similar situation is Eastern Province where out of KSh80 million, only KSh40 million was borrowed compared to other areas like Nairobi where uptake is over 80 per cent. The fund cites strong attitudes, cultural and religious beliefs in disbursing money in different parts of the country as hindrances. “Gaps are obviously bigger in North Eastern and Eastern provinces because the Muslim faith is against interest on loans,” he says. “Although the money to registered groups under C-WES is interest free, we have very few MFI partners in those areas and generally, the fear of loans by women,” explains Wainaina. The revolving fund was initiated in 2009 to provide sustainable solutions to the challenges Kenyan women face in venturing into or expanding their businesses. For a while, the fund was blemished by high default rates – currently at 30 per cent – attribut-

A wad of Kenya shillings. Money that had been released for women to borrow is lying idle at Women’s Enterprise Fund, the body charged with managing the monies since majority of the female folk fear taking the cash. Picture: Courtesy of Nation Media Website

The core mandate of the Fund is; • • • • •

Government support

Provision of credit to women for enterprise development; Capacity building for women beneficiaries and their institutions; Promotion of local and international marketing; Promotion of linkages of micro, small and medium enterprises owned by women with big enterprises; Attract and facilitate investments in infrastructure and support women enterprises such as markets and business incubators among other entities;

ed to misinformation and interference by politicians, who told women that the loans were free government money not to be repaid. “Under C-WES a total of KSh130million has been recovered. We have recorded a loan repayment rate of over 70 per cent. There is no default from the MFIs,” says Mr Wainaina. The fund advances the money to MFI to revolve over a period of three years through lending to women groups. So far, over 6000 groups have accessed loans. The Women’s Enterprise Fund was established through the promulgation of (Women’s Enterprise Fund Regulations) under Section 25 and 32 of the Government Financial Manage-

These are led by a non-executive Chairperson and Permanent Secretaries from the ministries of Gender, Children and Social Development, Finance, Trade, Industry, Agriculture and Planning. There are also five (5) persons with expertise and experiences in enterprise development and financial management who sit in the Board. A qualified management team led by a chief executive officer overseas the daily operations of the Fund at the Secretariat. The District Gender and Social Development Officers oversee the field operations and constituency levels. The District Gender and Social Development Officer manages the funds at the district level. The Officer is the Secretary to the Divisional Women Enterprise Fund Committee. The Officer monitors the disbursement of the funds through financial intermediaries as well as how the beneficiaries are utilising the loan and facilitates loan recovery. The Officer participates in capacity building of the groups who get the loan and recommends to the Ministry the groups which have been trained. The Divisional Women Enterprise Fund Committee (DWEFC) supports the capacity building of the beneficiaries of the fund and their institutions. The Committee creates awareness on the funds disbursement procedures and requirements and assists in mobilisation, selection, identification and vetting of women’s groups seeking loans.

ment Act 2005, Legal notice No 147, on August 3, 2007. The Fund sits at the Ministry of Gender, Children and Social Development. The Fund was established with a mandate to provide alternative financial services to women who are excluded from the formal and informal financial sectors. The Fund provides accessible and affordable credit to support women start and/or expand business for wealth and employment creation. The Fund, being a flagship project for Vision 2030, is also a demonstration of the Kenya Government’s commitment to the realisation of the Millennium Development Goals (MDGs) on gender equality and empowerment.

The Fund receives 100 percent financial support from the Government through annual budgetary allocation. When it was first started, the Government allocated one billion Kenya Shillings to the venture. In the second allocation it gave out KSh215 million. Out of this, the Fund has so far disbursed KSh700,000,000. This money is a subsidised loan which must be repaid to enable others borrow. The money is interest free and only five percent is deducted as administration fee. When the Fund was started, each constituency was given KSh1 million. The response has been overwhelming and all constituencies have exhausted their first allocation except Wajir South which has not touched its money. The Fund has now increased the constituency allocation to KSh2 million. As at July 2009, the total number of women who had taken money from the Constituency Women Enterprise Scheme (CWES) were 91,910 from 3,913 groups and from the financial intermediaries they were 12,000 women. This story was initially published in the Daily Nation. Additional information by Jane Godia

Women’s groups in Kitui fear taking up loans …By Ken Ndambu

he Women Enterprise Fund is yet to give KSh3 million to women’s groups in Kitui Central District. There are already fears that this allocation may be taken back to the national fund if women fail to apply

for loans. The local District Social Services Office is appealing to active women’s groups which have not sent in their proposals to do so in order to benefit from the facility. Speaking in a Kitui Hotel during a forum for women’s group leaders, a Social Welfare Officer, Mr Felix Wamwai said ignorance

and fear to acquire loans was to blame for failure by women to secure loans that would help improve their standards of living. He said the Fund was geared towards uplifting the standards of women especially in the rural areas and shying away from the facility would marginalize them further. The forum was organized by the Gender Festival in conjunction with Kitui Region Home Care Based Organisation, an indigenous NGO to sensitise women in the region on the Africa Women’s Decade goals and objectives. Kenya Gender Festival Coordinator 2010, Ms Joyce Ngumba urged African Union member states to prioritise health, maternal mortality and HIV/Aids among other thematic areas for the Decade.

She said emphasis should be placed on health care and in particular production of generic drugs to increase women’s access to quality health services which should also be subsidised. “There should be realisation of the universal access to antiretroviral and ensure other diseases like cancer, diabetes and malaria which impact women and girls health are prioritised,” Ngumba reiterated. She also called for the involvement of women in the implementation of the Comprehensive Africa Agricultural Development Programme (CAADP). She said it was a pity that Kenyan women in some communities are still being denied their right to inherit land yet it is them who labour more in the farms to bring food to the table for the family.

Issue Number 15 • March 2011

Initiative geared towards poverty eradication M …By Timothy Kariuki

beere District being an arid and semi arid area has left many people without a proper source of livelihood. There is very little one can do in terms of farming. This has created a dependency syndrome especially among the women who cannot sustain their families. The women have to rely on their husbands to provide for them. The women have, however, re-examined their lives and discovered that when the man is not there, they suffer a lot. They have therefore made efforts towards coming up with an economic empowerment initiative. This region has over the years also relied on the Government and other non-governmental organisations for food donations. Food crop cultivation is not viable since the area does not receive enough rainfall and many farmers, particularly men, have focused their efforts on miraa (khat) growing in order to earn a living. It is money from these earnings that they use to support their families.

Self help groups However, to move away from the dependency syndrome, the women have joined hands in self-help groups. The women who are in more than 50 groups spread all over the constituency are working under the auspices of Sustainable Initiative For Poverty Reduction (SIPOR), a programme initiated to foresee creation of opportunities for the women to learn industrial and business techniques. Funded through the Leny Kivuti (area MP) Foundation to a tune of KSh600,000, the initiative, launched in Siakago Constituency is geared towards poverty reduction. The 50 women’s groups have more than 2,000 members who are currently involved in the production of groceries, beauty products, toiletries and beverages among other products for domestic and commercial purposes. An official at one of the groups, Ms Catherine Njeru who is also a beneficiary of the programme notes that since the initiative was start-

ed, members have been able to be part of solving financial problems in their homes, lifting some of the financial burden from their husbands. “Our husbands who earlier on regarded us as housewives now recognise that we also have a role to play in the running of the families. We are now complementing each other and this has strengthened our relationships,” says Njeru. She observes that through capacity building workshops undertaken through the programme, they are now producing detergent which they are using at home and selling at the local trading centres.

Skills Apart from selling the detergents, some of the women engage in keeping cattle, sheep and goats. The introduction of cotton growing in the arid and semi arid area has also come in handy. They have become a good example to many women in the region who had earlier ignored the programme terming it a waste of time. Now more women are taking it seriously and are joining the groups after seeing the progress and the gains it has for their development. A beneficiary of the project, Ms Miriam Ngina says the women’s groups usually meet once a week to discuss issues concerning the programme. The groups usually buy the chemicals to be used in the production of the commodities.

Better life “The initiative has helped the women gain unique and practical skills as well as build their confidence. They now have the energy to strive to do more so as to achieve personal and social success,” reiterates Ngina. Due to the financial constraints, the women have been trained on using the locally available material particularly the groups that do weaving. The head of the group that undertakes production of tie and dye clothes, Ms Frida Njeru observes that the success of the initiative has boosted her position in society. “This initiative is our saviour, it took us from being beggars to being givers. It makes me proud

Women in Mbeere District display tie and dye fabric that they make in an income generating project. Inset: Some of the women involved in beadwork. Pictures: Timothy Kariuki

to also make contributions in the development of my family,” she says. Unlike before when women in the area were not able to keep their families clean due to poverty, Njeru recognises that the hygiene status of most families has improved as they are using the locally made detergent which is cheaper and easily available.

Challenge She says that the initiative has bought them their freedom from their husbands, saying that their husbands request them for financial assistance, adding that they use their money the way they want putting more input to supporting the families. Njeru says getting appropriate market for their products is a major challenge as they are still waiting for the approval of product samples they forwarded to the Kenya Bureau of Standards.

If approved it will be a big boost to them as they will be able to sell their products in the local shops and supermarkets among other outlets in and beyond our borders. “Women have gone through so many challenges trying to sustain themselves and their families. It is time for us to rise up to the occasion and be part of personal and community developments,” reiterates Njeru. She says benefits of the programme are many as compared to the challenges. The groups have now formed a co-operative which will be able to give easy and repayable loans to members to boost their entrepreneurial skills. However, none of the women has been able to put up a business on their own. Njeru observes that after their cooperative becomes strong, and there is good market for their products the women will venture into private businesses.

Hungry and desperate women epitomise slum life …By Kariuki Mwangi

ince she was abandoned by her husband six years ago due to what she terms as unclear circumstances, life for Ms Eunice Njoki, a mother of three who is HIV positive has been a nightmare. It is also during that time six years ago that Njoki discovered she was HIV positive. At the time her husband was leaving her, she was bedridden with no one to help care for her children.

Poverty She then enrolled at the Embu Provincial General Hospital from where she receives antiretroviral drugs. However, even with the ARVs, things still remain difficult for her especially in trying to get food. Njoki is so hurt that even as she narrates her tribulations, she breaks into tears. She tells of how she has been living a life of loitering in the streets, emptying dust bins looking for food which she may get or fail to find.

Her two children have come of age to join school but they are still not there. The first born is supposed to be in Standard Two but dropped out because Njoki could not raise KSh75 that the school was asking for. She could also not afford to buy the required uniforms. Not being able to follow the doctor’s prescription and failing to take the drugs has left her emaciated and without the strength. Njoki fears that if help does not come her way soon, she might succumb to the illnesses and leave the children alone. “I wish someone would come out to help me with clothing, education for my children and food to keep me going so as I can be able to bring them up till they are of age,” appeals Njoki. She adds: “I would like to bring up my children to be responsible members of the society but the circumstances do not allow me. I am scared they might even end up in the streets.” Not far away from Njoki lives Ms Fatuma Abdalla, 65, who plays the role

“We go for days on end without food. I do not do any work as my body is not strong enough and only rely on well wishers for our lives to carry on.” Fatuma Abdallah

of father and mother to six orphans who were left behind when their parents succumbed to HIV/Aids. “We go for days on end without food. I do not do any work as my body is not strong enough and only rely on well wishers for our lives to carry on,” says Abdalla, adding that they were displaced from the Government land where they used to plant food crops. Next door, Mary Muthoni, a mother of 12 says the land they had cultivated has nothing as all the crops dried up due to the drought. They have been surviving on one meal a day and this is usually porridge as they cannot afford any other food. These women are the face of poverty in Embu town. As the government continues to pledge that the hunger stricken members of the public will be given foodstuff, thousands of residents continue to spend days without food. More than 10,000 residents are affected particularly those living in the slums of Dallas and Shauri, the largest informal settlements in Eastern Province.

A survey carried out by Kenyan Woman indicates that the most affected members of the society are those infected or affected by HIV/Aids.

Hunger According to the Embu Municipality Location Chief, Ms Rose Wambeti, the living with Aids are unable to search for food for their young ones and there are also those who are bedridden. A village elder, Ms Grace Marigu says what is needed is food for the school going children, the elderly and those living with Aids so that they can be able to continue living. “More people have been affected as the farms where the residents get casual jobs have all dried up and the prices of commodities like maize, beans have gone up to KSh80 per kilogram, which most families cannot afford,” she says. Njoki, Abdalla and Muthoni are just the face of the many desperate people who only live on the hope that a day will come when they will spend nights with full stomachs.

Issue Number 15 • March 2011

Long and winding road for microbicides

Hope for a vaginal gel dashed as a crucial clinical trial fails …By Joyce Chimbi

lthough the very idea of women protecting themselves from HIV infection by use of microbicides sounded revolutionary and was embraced with tremendous optimism, in recent years, it is a concept that has continually been viewed with a sense of disappointment. Numerous microbicidal products, designed to be inserted into the vagina and or rectum prior to sexual intercourse are still under development for the prevention of HIV and other sexually transmitted infections. Progress of some products which had raised a lot of hope that finally there was a breakthrough in microbicides had to be stopped for various reasons. Take Nonoxynol 9, for instance, it emerged that its repeated application was proven to be corrosive to the vaginal lining.

Slowed process In 2007, another product also viewed with optimism was stopped because although it did not destroy the vaginal lining, Cellulose Sulphate weakened the compact space between cells thus increasing the possibility of infection. It is for these reasons, coupled with years of endless research that has seen the discourse on microbicides taking a pessimistic tone. The big question remains why the research does not seem to be moving forward. However, according to Pauline Irungu, East Africa’s coordinator for Global Campaign for Microbicides, the scenario could not be brighter. “In 2009, a product called Pro 2000 showed, for the first time the possibility that effective vaginal products could be developed to protect women against HIV infection,” says Irungu. “When assessing how useful a product can be against HIV infection, two things are factored, the safety of the product as well as its effectiveness, some previously tested products have been found to be safe but have not shown effectiveness.” This is why in PR0 2000, scien-

tists thought they had found renewed hope because it proves to have both components although at a relatively low effectiveness percentage. A gynaecologist in Nairobi, who is also a HIV specialist Dr John Ong’ech emphasises that it has been a challenging process. “We still have a long way to go towards achieving a successful microbicides product just as it has been with a HIV vaccine largely because the HIV virus has remained a mystery.” He adds: “Once scientists study a concept in the lab and it has shown evidence that it can prevent HIV infection, the virus assumes a different shape and completely renders the concept ineffective. Those are the dynamics of the virus.” In addition, Ong’ech says, the female body is not homogenously vulnerable, which means that a number of women are vulnerable for a number of reasons which further complicates the research process because all these issues must be factored in if microbicides are to be deemed effective. But these are just some of the issues that have plagued the success of the microbicides and its research thereof thus fuelling a feeling of ‘microbicides fatigue’. Expectations of success have been raised over a long period of time with no sighs of success. “It was sometime in the mid 1990s when I first heard that although it may be years, may be even decades before a HIV vaccine can be discovered, another product (microbicides) was in the offing and would give a woman the much needed protection against the virus,” says Waithera Mwangi, a businesswoman in Gikomba.

Challenges “Years later, coupled with thousands of new infections in Kenya with women bearing the burden of infection and care, there seems to be little hope that the product will be in the market soon.” However, what to many might appear a long time in the quest towards achieving an effective microbicides product, Irungu says has been driven by a number of issues. “Apart from the fact that microbicides are an en-

Researchers working on a microbicide vaccine at Universal Vaccines. Efforts to develop a microbicide that would protect women against HIV infection have hit a snag. Picture: Arthur Okwemba tirely new concept, funding has also been a major challenge,” she says. New territory of microbicides development has never been driven by pharma, the engine of drug development, which has shown a reluctance to invest in microbicides even though there is a large market hungry for its breakthrough. “This is because the said market has little money. It is a distinctively female market based in the Third World which offers little potential for profit hence the lack of interest by pharmaceutical companies to drive the progress of the research,” explains Irungu. Other than money, there are tremendous scientific difficulties. It takes a long time to develop a product from a concept, take the concept to the lab then to trials until its effec-

tiveness can be proven. As has been the case with vaccines, it is a long and winding road for the microbicides. In addition, divisions in the scientific world have further clipped the research process. There are scientists who do not believe in microbicides, they would rather we treated ourselves out of the epidemic. What has remained a major impediment to research has been the continued misunderstanding of the vaginal environment. It was initially believed that infection occurs through vaginal cuts and abrasions but science has proven that the HIV virus can squeeze in between cells. Although it continues to be a long wait, Dr Mary Amuyunzu, an anthropologist in Nairobi says that the need for a microbicides cannot be further emphasized.

Research underscores need for safety testing

n vitro studies have shown that some personal lubricants used during sexual intercourse significantly enhance the replication of the human immunodeficiency virus (HIV) and cause rectal tissue damage, according to Population Council research published in the journal AIDS Research and Human Retroviruses. In vitro experiments are conducted in an artificial environment, such as in a test tube, not in a living organism. The Population Council research team evaluated 41 of the hundreds of brands available, including a majority of those identified in a survey of users of anal sex lubricants. Low doses of four Astroglide formulationsLiquid, Warming Liquid, Glycerin and ParabenFree Liquid, and Silken Secret-substantially amplified HIV replication in these laboratory studies. All of these products contain either polyquaternium or polyquaternium-15. “We didn’t find any polyquaterniums in any of the other lubricant formulations in our studies,” noted Othell Begay, lead author and Popula-

tion Council research technician. Council researchers also demonstrated that the majority of the tested lubricants damaged rectal tissue, which may have implications for enhancing HIV transmission in humans.

Lubricants “It is important to emphasise that our findings are from in vitro studies. What happens in the laboratory environment does not always happen in the human body. In fact, lubricants generally appear to play an important role in preventing the spread of HIV,” said José Romero, co-author and Population Council senior research investigator. He added: “Intercourse without them can damage cells by creating friction which could cause tears in the epithelium, thus possibly promoting HIV transmission. But we need to know more.” Personal lubricants have been available for decades, but knowledge about their impact on the transmission of STIs, including HIV, is limited. In the United States the Food and Drug Administration requires that manufacturers test lubricants

for vaginal irritation, but does not require similar studies to ensure safety for rectal use. Anecdotal evidence suggests that substances not marketed as lubricants, such as vegetable oils, are used during sexual intercourse, especially in low-income households and in the developing world. The contribution of these substances to tissue damage and STI transmission, if any, is unknown. Outside funding for this research was provided by the Swedish Ministry of Foreign Affairs and the Swedish International Development Agency. This effort is part of the Population Council aim to develop and introduce safe, effective microbicides for vaginal and/or rectal use to prevent transmission of HIV and other sexually transmitted infections. The Council’s lead candidate is a novel combination of an antiretroviral and zinc acetate in a carrageenan-based gel. It completely protected monkeys from infection with the strain of the virus that causes Aids in monkeys for up to 24 hours. Courtesy of the Population Council

“Human sexual behaviour is confounding. Over one million Kenyans are living with the virus yet risky sexual behaviour has remained high and many women are still unable to negotiate for safe sex.” “It is for these reasons that microbicides excites us despite the fact that after years of research there is still no product that has conclusively proven effective against HIV infection,” says Amuyunzu. She adds: “The beauty of microbicides is that it is a woman initiated HIV prevention which in itself might not be an indicator for success based on other such ventures such as the female condom but if used as intended, the ability to slash down new infections can be significant.”

Trial Against such a backdrop of hope and faith in science, it is unfortunate that PRO 2000 did not pass a crucial phase of trial. The vaginal gel was tested on 9,000 women in a Phase III trial, the widest and most exhaustive stage geared towards assessing its safety and effectiveness. Aids campaigners and stakeholders across the world had staked immense faith in the search for a vaginally-used gel to thwart the prevalence of HIV. Had it succeeded, the vaginal gel would have revolutionised the fight against Aids by empowering women, especially in African countries where many are still unable to negotiate for safe sex. Public health experts in a Conference held in South Africa to discuss progress made in relation to Microbicides research were in consensus that in a period of three years, effective microbicides against HIV could prevent 2.5 million infections. All is not lost though as scientists have gone back to the drawing board in search of a safe and effective microbicides.

Issue Number 15 • March 2011

Study shakes pillar of breast cancer care By Denise Grady

new study finds that many women with early breast cancer do not need a painful procedure that has long been routine: removal of cancerous lymph nodes from the armpit. The discovery turns standard medical practice on its head. Surgeons have been removing lymph nodes from under the arms of breast cancer patients for 100 years, believing it would prolong women’s lives by keeping the cancer from spreading or coming back. Now, researchers report that for women who meet certain criteria — about 20 percent of patients, or 40,000 women a year in the United States — taking out cancerous nodes has no advantage. It does not change the treatment plan, improve survival or make the cancer less likely to recur. And it can cause complications like infection and lymphedema, a chronic swelling in the arm that ranges from mild to disabling.

Unnecessary procedure Removing the cancerous lymph nodes proved unnecessary because the women in the study had chemotherapy and radiation, which probably wiped out any disease in the nodes, the researchers said. Those treatments are now standard for women with breast cancer in the lymph nodes, based on the realisation that once the disease reaches the nodes, it has the potential to spread to vital organs and cannot be eliminated by surgery alone. Experts say that the new findings, combined with similar ones from earlier studies, should change medical practice for many patients. Some centres have already acted on the new information. Memorial Sloan-Kettering Cancer Centre in Manhattan changed its practice in September, because doctors knew the study results before they were published. But more widespread change may take time, experts say, because the belief in removing nodes is so deeply ingrained. “This is such a radical change in thought that it has been hard for many people to get their heads around it,” said Dr Monica Morrow, chief of the breast service at Sloan-Kettering and an author of the study, which is has been published in The Journal of the American Medical Association. The National Cancer Institute paid for the study. Doctors and patients alike find it easy to accept more cancer treatment on the basis of a study, Morrow said, but get scared when the data favours less treatment.

Trends The new findings are part of a trend to move away from radical surgery for breast cancer. Rates of mastectomy, removal of the whole breast, began declining in the 1980s after studies found that for many patients, survival rates after lumpectomy and radiation were just as good as those after mastectomy. The trend reflects an evolving understanding of breast cancer. In decades past, there was a belief that surgery could “get it all” — eradicate the cancer before it could spread to organs and bones. But research has found that breast cancer can begin to spread early, even when tumours are small, leaving microscopic traces of the disease after surgery. The modern approach is to cut out obvious tumours — because lumps big enough to detect may be too dense for drugs and radiation to destroy — and to use radiation and chemotherapy to wipe out microscopic disease in other places. But doctors have continued to think that

even microscopic disease in the lymph nodes should be cut out to improve the odds of survival. And until recently, they counted cancerous lymph nodes to gauge the severity of the disease and choose chemotherapy. But now the number is not so often used to determine drug treatment, doctors say. What matters more is whether the disease has reached any nodes at all. If any are positive, the disease could become deadly. Chemotherapy is recommended, and the drugs are the same, no matter how many nodes are involved. The new results do not apply to all patients, only to women whose disease and treatment meet the criteria in the study.

Research The tumours were early, at clinical stage T1 or T2, meaning less than two inches across. Biopsies of one or two armpit nodes had found cancer, but the nodes were not enlarged enough to be felt during an exam, and the cancer had not spread anywhere else. The women had lumpectomies, and most also had radiation to the entire breast, and chemotherapy or hormone-blocking drugs, or both. The study, at 115 medical centres, included 891 patients. Their median age was in the mid-50s, and they were followed for a median of 6.3 years. After the initial node biopsy, the women were assigned at random to have 10 or more additional nodes removed, or to leave the nodes alone. In 27 percent of the women who had additional nodes removed, those nodes were cancerous. But over time, the two groups had no difference in survival: more than 90 percent survived at least five years. Recurrence rates in the armpit were also similar, less than 1 percent. If breast cancer is going to recur under the arm, it tends to do so early, so the follow-up period was long enough, the researchers said. One potential weakness in the study is that there was not complete follow-up information on 166 women, about equal numbers from each group. The researchers said that did not affect the results. A statistician who was not part of the study said the missing information should have been discussed further, but probably did not have an important impact. It is not known whether the findings also apply to women who do not have radiation and chemotherapy, or to those who have only part of the breast irradiated. Nor is it known whether the findings could be applied to other types of cancer. The results mean that women like those in the study will still have to have at least one lymph node removed, to look for cancer and decide whether they will need more treatment. But taking out just one or a few nodes should be enough. Dr. Armando E. Giuliano, the lead author of the study and the chief of surgical oncology at the John Wayne Cancer Institute at St. John’s

A woman breast feeding her baby in Nairobi. Doctors in the US have discovered that they have been that many women with early breast cancer do not need a painful procedure. Picture: Kenyan Woman Correspondent.

Health Centre in Santa Monica, California, said: “It shouldn’t come as a big surprise, but it will. It is hard for us as surgeons and medical oncologists and radiation oncologists to accept that you don’t have to remove the nodes in the armpit.” A professor of surgery at the Winship Cancer Institute at Emory University, and the author of an editorial accompanying the study, Dr Grant W. Carlson said that by routinely taking out many nodes, “I have a feeling we’ve been doing a lot of harm.” Indeed, women in the study who had the nodes taken out were far more likely (70 percent versus 25 percent) to have complications like infections, abnormal sensations and fluid collecting in the armpit. They were also more likely to have lymphedema.

Results But Carlson said that some of his colleagues, even after hearing the new study results, still thought the nodes should be removed. “The dogma is strong,” he said. “It is a little frustrating.” Eventually, he said, genetic testing of breast tumours might be enough to determine the need for treatment, and eliminate the need for many node biopsies. Two other breast surgeons not involved with the study said they would take it seriously. The chief of breast surgery at Mount Sinai Medical Centre in Manhattan, Dr Elisa R. Port said: “It’s a big deal in the world of breast cancer. It’s definitely practice-changing.” The chief of the comprehensive breast centre at St. Luke’s-Roosevelt hospital in New York, Dr. Alison Estabrook said surgeons had long been awaiting the results.

The results mean that women like those in the study will still have to have at least one lymph node removed, to look for cancer and decide whether they will need more treatment. But taking out just one or a few nodes should be enough.

“In the past, surgeons thought our role was to get out all the cancer,” Estabrook said. “Now he’s saying we don’t really have to do that.” But both Estabrook and Port said they would still have to make judgment calls during surgery and remove lymph nodes that looked or felt suspicious.

New technique The new research grew out of efforts in the 1990s to minimize lymph node surgery in the armpit, called axillary dissection. Surgeons developed a technique called sentinel node biopsy, in which they injected a dye into the breast and then removed just one or a few nodes that the dye reached first, on the theory that if the tumour was spreading, cancer cells would show up in those nodes. If there was no cancer, no more nodes were taken. But if there were cancer cells, the surgeon would cut out more nodes. Although the technique spared many women, many others with positive nodes still had extensive cutting in the armpit, and suffered from side effects. “Women really dread the axillary dissection,” Giuliano said. “They fear lymphedema. There’s numbness, shoulder pain, and some have limitation of motion. There are a fair number of serious complications. Women know it.” After armpit surgery, 20 percent to 30 percent of women develop lymphedema, Port said, and radiation may increase the rate to 40 percent to 50 percent. Physical therapy can help, but there is no cure. The complications — and the fact that there was no proof that removing the nodes prolonged survival — inspired Giuliano to compare women with and without axillary dissection. Some doctors objected. They were so sure cancerous nodes had to come out that they said the study was unethical and would endanger women. “Some prominent institutions wouldn’t even take part in it,” Giuliano said, though he declined to name them. “They’re very supportive now. We don’t want to hurt their feelings. They’ve seen the light.”

Executive Director: Rosemary Okello-Orlale Editorial Director:

Arthur Okwemba

Managing Editor:

Jane Godia

Sub-Editors:

Florence Sipalla, Mercy Mumo

Contributors:

Bendaro Tsuma, George Murage, Prof Patricia KameriMbote, Wanjiku Mwaura, Tom Avant, Anne Njogu, Musa Radoli, Timothy Kariuki, Kariuki Mwangi, Winfred Kagwe, Ken Ndambu, Joyce Chimbi, Denise Grady.

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

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Noel Lumbama and Bernadette Muliru (Noel Creative Media Ltd)

This paper is produced with support from The United Nations Democracy Fund (UNDEF)