Kenyan Woman Issue 17 by African Woman & Child Feature Service

Issue Number 17 • May 2011

EDITORIAL Another Labour Day but few women to celebrate at the top

lthough the situation is slowly improving, employment for women in Kenya as is the case in most African countries is characterised by subsistence and small scale farming or menial jobs. While agriculture forms bedrock of the economy making Kenya one of the leading exporters of coffee and tea as well as horticultural products, it is unfortunate that women do not form part of the significant decision making processes in relation to how land is used. Research shows that despite the feminisation of agriculture, women only occupy the labour provision cadre and very few rise to levels where they have the veto powers on land. The land sector has been and continues to undergo critical reform processes, this has led to the establishment of a National Land Policy which is viewed by many as a gender sensitive document that if implemented could lead to fairer and just utilization of land. Historical injustices in relation to land allocation particularly from a gender perspective have been resolved in provision within the new Constitution that has also been applauded as being gender friendly. The new law is seen as another avenue to address the marginalization of women in relation to land ownership and utilization. In deed with the land privatization policies and regulations of the 1970s relegated the position of women to toiling away in farms as they implemented their unsatisfactory powers leaving disposal and ownership powers to their male counterparts.

Women were called and they came out in large numbers

Labour As yet another Labour Day is marked, the public discourse should also shift towards interventions to improve the plight of the Kenyan woman. In recent times, feminization of poverty has become an issue of concern. The rise of female headed households particularly among the poor leaves a lot to be desired. For women to rise to their greatest potential, there is need for them to be empowered not just under the law, but with legal provisions that work within cultural frameworks for it to succeed. Towards this end, gender mainstreaming should be felt in all sectors of governance. The recent case against the Executive by the G-10 over judicial nominations was a clear indication that the country is ripe for gender sensitive processes. However, various stakeholders need to roll out civic education to unravel the misunderstanding around the gender concept. There is need for the public to understand that gender equity and equality it is not a battle of the sexes but that both men and women are equal stakeholders in the building of the nation. It is with utter excitement that of the 13 applicants to the position of the Deputy of Public Prosecutions, five of them are women. Although the journey towards gender equality and equity has been long and winding, the country is moving in the right direction.

The High Court with the judges who are currently working there. Centre is the immediate former Chief Justice Evan Gicheru who has since left office. Interviews are going on to have the position filled.. Pictures: Kenyan Woman Correspondent. …By Jane Godia

hen members of the women’s coalition, the G-10 filed a suit in court disputing presidential nominations to top Judiciary positions, they were not mincing any words as to what gender equality stands for. The women, in a pioneering move to constitutionalism, gave an indication of what it means to have affirmative action at work. While the President and his advisors might have misunderstood the term affirmative action already firmly entrenched in the new law, the women’s organisations knew that if they let this one pass, then they would be doomed to discrimination forever.

The Stanford dictionary defines Affirmative Action as being able to take positive steps to increase the representation of women and minorities in areas of employment, education, and business from which they have been historically excluded. When those steps involve preferential selection — selection on the basis of race, gender, or ethnicity — affirmative action generates intense controversy. Affirmative action is, therefore, an attempt to promote equal opportunity and dignity for all. It is often instituted to ensure that minority groups within a society are included in all programmes. The justification for affirmative action is to compensate for past discrimination, persecution or exploitation by the ruling class of a culture or to address

existing discrimination. While this is what the Constitution of Kenya agitates for, the President seemed to have consciously ignored the rule of law by releasing an all male list to the positions of Chief Justice; Attorney General; Director of Public Prosecutions and Comptroller of Budget.

Equality The President in his action ignored Article 27 that speaks to Equality and Freedom from discrimination. Article 27 (1) says: “Every person is equal before the law and has the right to equal protection and equal benefit of the law. And (3) says: “Women and men have the right to equal treatment, including the right to equal

opportunities in political, economic, cultural and social spheres.” Today, women are hoping against hope that at least one of their lot will be appointed to these key positions. AQ lot of lobbying was done by women’s rights institutions such as FIDA, Maendeleo ya Wanawake and the National Commission on Gender among others to have as many women as possible apply. There are ten candidates who have been shortlisted for the position of Chief Justice that will be appointed by end of May. Out of these candidates are two women judges Kalpana Rawal and Mary Ang’awa. The fact that these two have made it to the last 10 is a big credit for women. Continued on page 2

Issue Number 17 • May 2011

Women came out in large numbers from page 1

Justice Ang’awa joined the bench at a time when there were only three women

employed as magistrates. She joined the Judiciary in 1980 as a magistrate. ln 1980, her first appointment was as a district Magistrate (Prof) Class II and two years later a Resident Magistrate attached to the Kibera Law Courts. Ang’awa is graduate of the university of Nairobi (LLB (Hon.) 1979) where her dissertation was on land tenure in Mathare Valley slums of Nairobi. In 1979, she joined the Kenya School of Law passing with distinction and being one of two women and sixteen men to pass the examinations in April 1980, out of 72 candidates. She was then admitted an advocate of the High Court of Kenya in the same year. In June 1993 she was appointed to the High Court as a Judge. In 2005 she graduated with a master’s degree in Law LLM with her dissertation being on the Law of Succession and human rights. Ang’awa who was on October 11, 2008, awarded the International Woman of the Year by the Association of the Adventist Women for distinguished service in the public sector, has also chaired the Kenya Women Judges Association.

Justice Rawal has 28 years experience in practice as an advocate three of

which she spent as an Advocate of the High Court of India and the rest in Kenya. She holds Bachelor of Arts degree, Bachelors and Master of Laws in constitutional and administrative law. She started her career in law by teaching Administration and Police Officers at Lower Kabete in 1975. She would in 1975 open a private practice being the first woman in the country to do so. She was appointed Commissioner of Assize from June 1999. Prior to her appointment as a Commissioner of Assize in July, 1999 she was a practitioner in criminal law, family law, commercial law and conveyancing. She was later appointed a High Court Judge on June 2, 2000. Rawal has had the duty of taking statements from potential witnesses of the post election violence. Other than these two women being shortlisted for the position of Chief Justice, Ang’awa has also been shortlisted for the position of Deputy Chief Justice since she applied for both positions. Out of the 13 who applied for the position, eight made it to the interview stage. Women dominate this list and they include Ang’awa, Justice Roselyne Nambuye, Mary Kasongo, Hannah Okwengu, Martha Koome, Nancy Baraza and Gladys Shollei. Justice Joseph Nyamu is only one man for this position.

Justice Koome was appointed Judge of the High Court on May 22, 2003. She

obtained her Law degree from the University of Nairobi in 1986 and was admitted to the Bar in 1987. Prior to joining the Judiciary, she was in private practice. She is also renowned as an advocate for gender equality and protection of women’s rights. She served as the Chairperson of the Federation of Kenyan Women Lawyers (FIDA) and was in charge of policy formulation and maintaining liaison with other NGOs and other donors. Koome is currently based in the family division of the High Court where she deals with probate and administration matters, divorce, maintenance and custody of children. Justice Mary N. Kasango was called to the bar in Lincoln’s Inn at Chancery Lane in London in 1979. This was after her graduation from the Council of Legal Education, Grays Inn. Before her appointment as a Judge of the High Court in 2003, she was the proprietor and manager of Muhanji-

Kasango Advocates, a busy law firm based in Nairobi which she had established in 1992. During her practicing years, she handled numerous company law litigation briefs largely involving winding-up and registration of companies, conveyancing and land law litigation. Even with the demands of managing a busy law practice, she was also a part-time lecturer at the Kenya School of Law instructing students on the subject of Trust Accounts, a calling she had taken up back in 1987. Kasango’s private practice and her subsequent appointment to the Bench was the culmination of a career that began with her service as a law pupil in Bhailal Patel & Patel Advocates in 1983 and later, between 1985 and 1991, as an associate in Hamilton, Harrison and Matthews Advocates, one of Kenya’s oldest and leading law firms. Upon her appointment in 2003, she presided over commercial litigation at the Milimani Commercial Courts in Nairobi until her first upcountry posting in early 2007 to the Nyeri High Court.

Justice Okwengu was admitted as an advocate of the High Court of Kenya

on February, 1980 after qualifying with an LLB (Hons) Degree from the University of Nairobi (1978) and Diploma in Legal Practice from the Kenya School of Law (1979). Okwengu first worked as a Land Registrar in Mombasa, before moving to the Municipal Council of Mombasa where she worked as an advocate for three years. She then joined the firm of S.K. Mwangi & Co. Advocates where she worked for about a year before moving to the Judiciary as an acting Resident Magistrate in October, 1983. Between 1983 and 1999 Okwengu rose through the ranks to the position of Chief Magistrate. In 1999, Okwengu was appointed by his Excellency the President of Kenya as Assistant Director Kenya AntiCorruption Authority (KACA) for a five year term. She set up the Prosecutions Department of the Authority and commenced active prosecution of corruption cases. Her appointment ended prematurely in October, 2001 after KACA was disbanded following a High Court decision declaring KACA unconstitutional. Okwengu returned back to the Judiciary and was posted to Mombasa as Chief Magistrate, a position she held until May, 2003 when she was appointed a Judge of the High Court and posted to Nyeri High Court. In 2003 to 2004, she was a member of a Constitutional Tribunal appointed by His Excellency the President to investigate the conduct of a High Court Judge. Okwengu is currently a member of the Judiciary ICT Committee appointed by the Chief Justice to spearhead reform initiatives in the use of modern technology in the Judiciary. Okwengu was the recipient of the Law Society of Kenya Award for distinguished service in the Administration of Justice for the year 1998. Of the eight woman who have been shortlisted for the position of Deputy Chief Justice, Nancy Baraza and Gladys Shollei are the only ones not serving in the High Court. Baraza is currently the Vice Chair person Law Review Commission. She is a gender rights advocate and former chairperson Federation of Women Lawyers in Kenya. Shollei is the Deputy Chief Electoral Officer at the Interim Independent Electoral Commission (IIEC). She is the immediate former Editor and Chief Executive Officer of the National Council of Law Reporting.

Interviews The interviews to the positions will be conducted by the Judiciary Service Commission and will go on uninterrupted from May 3 to May 12. After conducting the interviews, the Commission will make recommendations to the Head of State who will in turn appoint the Chief Justice after approval by Parliament. In setting a new precedence to public office appointments, members of the public will be allowed to comment on the candidates before they are interviewed. Comments on the suitability of the candidates can be made through the Law Society of Kenya or the Secretary Judiciary Service Commission. The Chief Justice may serve for 10 years subject to retirement at the age of 70. The Constitution does not explicitly require the Commission to send more than one nominee to the Principals. However, the Commission will forward the nominee for the Deputy Chief Justice to the principal so they can be forced to have a consensus on the appointments.

Taking positions in the new constitutional dispensation …By Ryan Mathenge

one are the days when women were considered as the weaker sex after the new constitution moved to enhance equality to all irrespective of gender firmly outlawing gender discrimination. Today, the Kenyan woman is regarded with high esteem for having been a strong pillar in bringing up the children and ensuring they got education after many of the men abdicated the responsibility as they remained glued in search for money and wealth. In Murang’a County, where women form the larger proportion of the population, there are many projects that remain a uniting factor to the founders. Now the women want to go for the bigger jobs that have been created in the new constitutional dispensation.

Chairlady of the Maendeleo ya Wanawake Kiharu Branch, Ms Jecinta Ng’ang’a said women are out to make impact by seeking positions presented to all Kenyans by the new Constitution. “Over the years we have been left behind taking care of the children after many of the men remain glued in illicit brews dens,” said Ng’ang’a. “This time we are going for the leadership and decision making positions.” The women of Murang’a have organised themselves into various groups and these are the platform they use to improve their standards of living.

Development One such group is the Kiriti Women’s Group, with members drawn from Kangema and Mathioya which was started in the 1990s. Over the years they have carried out various development

projects. They have managed to construct a residential building whose value stands at millions of shillings. The women’s hard work has not escaped the eyes of the provincial administration. Recently, Murang’a East DC, Mr George Natembeya appreciated the women and lauded the efforts they have put to fight poverty and other social vices. He said the women stood out in ensuring Mututho law, which restricts hours which bars open and close as well as restricting movement of drunkards was enforced. “The women took on bar owners in Murang’a head on as they organised demonstrations warning the residents not to be held hostage by those out to make money through sale of liquor,” said Natembeya. The DC lauded the women for being at the forefront on education. He said women have worked hard and ensured that their children get the best education.

Issue Number 17 • May 2011

One woman among many men

Nyaundi shines as the only woman heading a commission …By Faith Muiruri

itting at the helm of the Truth Justice and Reconciliation Commission (TJRC), Patricia Nyaundi is an epitome of humility. She embodies a unique combination of simplicity and an enduring spirit. To many, she has treaded where few dare to venture and emerged successful. Her indisputable level of credibility has kept the Truth Justice and Reconciliation Commission running despite the initial calls for its dissolution. Nyaundi is a unique woman holding a position that Kenyans have come to perceive as a preserve for men. Out of all the commissions that have been set up by the current government, the TJRC is the only that has a woman as chief executive officer. And although her current posting at TJRC has turned out to be the most eventful and challenging, sheer hard work and determination have sustained the momentum at the Commission which initially suffered a credibility test that saw senior officials resign in a huff.

Leadership As Kenyans mark Labour Day, the ghost of affirmative action hangs over its head as women seek to have at least one third if not equal share in leadership and decision making positions. “One of the struggles for women has been access to political leadership and decision making positions in the country. However quests for affirmative action have not succeeded, as bills previously sent to parliament have not sailed through,” she adds. But with the new dawn, women can practically ascend to any position of power. “The new constitution is livid with overarching gains which if fully exploited will propel more women to leadership positions,” she adds. “Article 56 places an obligation to the state to put in place affirmative action programmes to ensure that minorities and marginalized groups participate and are represented in governance and other spheres of life; are provided special opportunities in educational and economic fields; are provided special opportunities for access to employment; have reasonable access to water, health services and infrastructure,” she explains. But the struggle has just begun. “We must push to see that this is reflected even in the ongoing appointments whether in the judiciary or the commissions envisaged in the constitution and we seemingly hope that scenarios where declarations and policies have previously been used to undermine the elevation of women to their rightful positions in the society will remain buried in the past,” she affirms. Nyaundi says that women have for decades remained under represented with the highest decision making organ having only a negligible representation of women and similarly low numbers in other positions. She is however upbeat that the new constitution will propel more women to leadership positions, increase their access to health services, property and address any disadvantages suffered as a result of discrimination. Women representation in the National Assembly is set to go up. Forty Seven women will be elected from the counties with an additional six being nominated by their respective political parties. An additional sixteen women are to be nominated by political parties join the Senate in accordance with article 90. She therefor says that women must strive to safeguard their gains in the constitution by taking up the leadership positions that have been provided for. However Nyaundi lays emphasis on the notion that most of these legislations will remain elusive if such policies and laws are not effected. She says that provisions in the constitution must also be actualized to enable them take advantage of opportunities brought about by the new dispensation,” she says

Nyaundi begun her legal career as a State Counsel. She also worked for a short stint with the Kerio Valley Development Authority. Soon she was working around children’s rights issues and found her way in the middle of advocating for women’s rights. Nyaundi joined the Federation of Women Lawyers (FIDA) in 2006 where she served as Executive Director until 2010 when she joined TJRC. “At FIDA I was able to horn my ethical skills and rub shoulders with ardent women’s rights crusaders in the country such as Njoki Ndung’u, Atsango Chesoni, Phoebe Asiyo and Ann Njogu,” says Nyaundi. “Today I remain firmly grounded to the ideals we espoused,” she recounts during an interview with the Kenyan Woman. “Together we became part of a process that brought women’s issues to the public limelight. We later rallied behind the G10 movement which has been instrumental to the women’s gains as espoused in the new constitution,” she explains. Today, Nyaundi celebrates that affirmative action has been entrenched in the Constitution and guarantees equal opportunities for everyone irrespective of gender. “So far, women have made major strides and although we are not where we are supposed to be, the playing field has been levelled. No public appointment shall be made without due regard to the gender perspective,” she says. Nyaundi cites the controversial nominations of Chief Justice, Attorney General and Director of Public Prosecution by President Kibaki which were nullified shortly after they were announced mainly for defying constitutional guidelines. “This gives opportunity for optimism and is an indication of the bright days ahead of us. I commend that G10 movement for having successfully contested the appointments in court,” she reiterates. However, she observes that chances of regression are high if women do not push for legislations that actuate the gains made in the Constitution.

Initiative “We cannot afford to sit on our laurels and say that we have the Bill of Rights which is explicit and allows women to confer citizenship, protects them from all forms of violence and expressly guarantees basic necessities such as food, housing and shelter which were previously considered as major hurdles. We must now forge ahead to make this a reality,” she reiterates. Nyaundi urges that women must work hard to safeguard the gains already made in the Constitution. “They must lobby for inclusion at all levels and make sure they get their share in all public appointments,” she intones. As we mark this year’s Labour Day celebrations, Nyaundi says women must celebrate their enormous contribution to the hidden labour which despite being relegated to the periphery accounts for a substantive proportion of both social and economic contribution. “The meals we cook, clothes we wash, farms we till, water we fetch, the child who comes home and knows there is someone to call a mother . . . . all these are innumerable contributions which have deliberately been ignored,” she laments. Nyaundi will be celebrating the invisible labour by women which hardly receives any attention, is never accorded any title but accounts a lot to the well being of the society. She will also be celebrating major milestones

Patricia Nyaundi, CEO of the Truth Justice and Reconciliation Commission (TJRC). Picture: Kenyan Woman Correspondent.

made by women in senior positions and singles out Justice Joyce Aluoch who is sitting at the International Criminal Court, Olive Mugenda who is the Vice Chancellor at Kenyatta University and Betty Maina who is the Chief Executive Officer Kenya Association of Manufacturers as some of the few women who have remained at the top of their career fields in the mainly male dominated arena. “We must also remember other women who fiercely fought for the inclusion of women rights during the pre-colonial era. Our primary loyalty goes to them as we too are beneficiaries of what they relentlessly advocated for,” she says On her role at the TJRC, Nyaundi prides herself for being part of a process that crafted the path for the Commission as it has waded through murky waters. “We refused to relent to public pressure

“So far, women have made major strides and although we are not where we are supposed to be, the playing field has been levelled. No public appointment shall be made without due regard to the gender perspective.” — Patricia Nyaundi, CEO of the Truth Justice and Reconciliation Commission (TJRC)

mainly because we knew that the same people were not opposed to the Commission per se. We were also persuaded into believing that we were equal to the task ahead and at no time did we doubt our capacity to deliver the mandate of the Commission.” Despite all odds the Commission has remained focused and truthful to the assignment at hand. “Already we have collected close to 30,000 statements during hearings held in different parts of the country. “The Commission has also opened up to groups that have traditionally been locked out and managed to receive about 600 memoranda with women from different parts of the country accounting for 42 percent of the respondents,” she says during an interview with The Kenyan Woman. “I find impossibilities appealing. I love challenges and this has solidified my resolve to push ahead. Partly this is what keeps me going.” Nyaundi draws much of her strength from her spiritual beliefs and says that the Lord has held her hand and walked with her through the many challenges. She says that the Commission plans to resume its hearings in September and run up to November after which they will prepare their recommendations.

Issue Number 17 • May 2011

Political wrangles delay enactment of women friendly bills …By Musa Radoli

n January 3, the Commission on the Implementation of the Constitution was sworn in setting the motion rolling for the implementation of a Constitution that Kenyans have fought tooth and nail for. While Kenyans who voted overwhelmingly in support of the new law thought that the implementation process would be easy sailing and immediate, this has not been the case. Persistent bickering and acrimonious confrontations between political class has adversely affected the debate and legislation of the Bill of Rights. Political differences in the two parties – PNU and ODM –that make up the coalition government have continued to undermine enactment of critical legislation.

Concerns These concerns have been voiced by gender equality advocates who are now seeking ways to ensure that these bills are debated and enacted in line with the new constitutional dispensation. It is perhaps from this background that the First Lady, Mrs Lucy Kibaki on the International Women’s Day asked the wrangling MPs to pass bills that will protect the rights and welfare of the girl child and women of Kenya. Lucy, is among gender equality advocates who have distinguished themselves ensuring that affirmative action is entrenched in law. The First Lady observed that the most critical gender rights bills that are supposed to have been passed and enacted in line with the new constitution are still pending. “Though I acknowledge the fact that the Ninth and Tenth parliaments have in the recent past been active in enacting legislation to curtail harmful practices against women in the coun-

try, it is of great concern that some of the bills that could decisively eliminate existing discrimination against women are still pending,” she said. The Family Protection Bill 2009, Marriage Bill 2009 and Matrimonial Property Bill 2009 are some of the new laws enshrined in the Bill of Rights. She urged parliamentarians, particularly women legislators to push for the enactment of the bills that will not only protect the girl child but also women.

Justice The First Lady appealed to Kenyans to help eliminate vices such as rape, child molestation, child trafficking and violence against women as they erode dignity and self respect. Her sentiments have been echoed by civil society organisations which have raised concerns at the slow pace by which Parliament was taking in enacting the new laws. The process which effectively begun after the promulgation of the document on August 27, last year, has seen less than five pieces of legislation crafted by the Attorney General’s office for Parliament to enact. About 700 pieces of legislation are to be crafted and enacted into law to effectively oversee a smooth constitutional implementation process. The process which is supposed to undergo a five year transition period has among its priority pieces of legislations the bills that encompass women’s gains and these are to be found in the Bill of Rights. The First Lady blamed female genital mutilation, early marriages, low girl child education, HIV/Aids, economic empowerment, equitable distribution of leadership and decision making positions as well as child labour for hindering the smooth development of the girl child and gender equity in the country. During a recent meeting by the

Parliament in session. Delays in enacting the new law have been blamed on political intrigues and differences within the august House. Picture: Kenyan Woman Correspondent United Nations Committee on Elimination of Discrimination against Women (CEDAW) in Switzerland, Kenya was on the spot for not taking a leading role in stopping violation of women’s rights in areas such as housing, land and property rights. It also faced serious queries on the Government’s and Legislature’s commitment to address the issue of poor urban planning including the case for internally displaced women.

Implementation “The government is taking too long to pass and implement critical laws such as the Equality Bill and the Family Protection Bill that protect the rights of women,” said Ms Claris Oganga, Deputy Executive Director Fida Kenya. Oganga noted that the slow pace around the crucial bills has greatly contributed to the continuing discrim-

ination and violation against women’s rights and this is in complete violation of the same rights that have been entrenched in the new constitution. She said: “Although something little has been achieved in terms of women’s land and property rights, a lot more needs to be done.” Oganga gave accolades to the National Land Policy as being progressive but added it needs to be broken down into various legislations like the Law of Succession. “There is no law that deals with married women’s property rights yet the National Land Policy under matrimonial property recognises,” explained Oganga. She added: “Yet existing laws and practices governing matrimonial property discriminate against spouses whose contribution to the acquisition of that property is indirect and not capable of being valued properly in monetary terms.”

The Minister for Gender, Children and Social Development, Dr Naomi Shabaan reiterated that Kenyan women continue to face discrimination with the delay in the enactment of several crucial gender sensitive bills. “The bills touching on Marriage, Matrimonial Property, Family Protection and Equal Opportunities have been developed by the Government and are due to be considered for debate by Parliament,” explained Shabaan. She noted that implementation of the new constitution to which the gender rights bills are crucial will be a landmark achievement for women right from leadership and decision making opportunities all the way to matters pertaining to rights to own, inherit and control property. “The bills are expected to change all spheres of the Kenyan women’s lives as well as the rest of the country’s populace,” Shabaan observed.

Gender agenda remains at an impasse as years move on …By Joyce Chimbi

n spite of the hardships and challenges that women continue to face, Labour Day presents another opportunity for women to assess how far they have come in accessing resources and opportunities. We, therefore, celebrate the 22 female Members of Parliament, we celebrate women athletes who have been winning medals and money and we celebrate women who have been appointed to major international jobs like Lady Justice Joyce Aluoch of International Criminal Courts (ICC).

Progress However, in spite of these remarkable strides, “it is unfortunate that as the calendar continues to turn, the situation for the Kenyan woman has remained largely the same”. This is according to the Minister for Special Programmes, Ms Esther Murugi. The situation has remained largely the same as the gender agenda has not changed since the first ever world women’s conference of Mexico in 1975. The 1975 conference, which coincided with the International Women’s Year, aimed at sending a message that women all over the world continued to be regarded as the weaker sex and

Politics remains a dangerously hostile arena for women although we surpass men by far when it comes to the number of female votes yet we cannot seem to translate these numbers into reality, it begs the question, are we (women) our worst enemies?” — Hon. Esther Murugi Minister for Special Programmes

were being discriminated. The conference was a platform on which a massive effort to provoke international agenda on gender equality was launched. It was this Conference that ushered in the United Nation’s Decade for Women which ran from 1976-1985. “In light of all these conferences and gender talks that have span over decades, I am still saddened by the fact that the gender agenda has not translated into tangible benefits particularly for the Kenyan women,” explains Murugi. She observes: “Politics remains a dangerously hostile arena for women although we surpass men by far when it comes to the number of female votes yet we cannot seem to translate these numbers into reality, it begs the question, are we (women) our worst enemies?” Although the political arena remains largely unwelcoming to women, the education sector has broken a few barriers in its efforts to educate the girl child. “We have managed to penetrate communities that previously saw no significance in educating the girl child by about 90 per cent,” observes Murugi. “We are now implementing the ‘Return to School’ programme that gives female students an opportunity to complete education even after getting pregnant. We have lowered the uni-

versity entry for girls by one point and all these efforts have contributed to the girl child’s excellence in academics,” she reiterates. These initiatives have seen girls in Kenya make commendable progress and proceeded to achieve academic excellence previously almost exclusively left for men.

Key positions Although the implication and benefits that come with educating the girl child are immense, it is no substitute to the fact that decision making positions continue to elude women. “I get the impression that we generally have not made the cause-effect relationship between women being in position of influence — decision makers at all levels — and translating the gender agenda into a reality,” observes Murugi. She adds: “For as long as women continue to form the minority of decision makers, the calendar will continue to turn, the gender agenda table will slowly turn to a day when we come together to grumble about issues that make life unbearable for women as opposed to what is should be — a platform to steer progress towards gender equality.” Continued on page 6

Issue Number 17 • May 2011

Labour movement proves to be a hard nut to crack …By Wanjiku Mwaura

acinta Nyamacho works as a cleaner in one of the companies in Nairobi. Like every Kenyan, the high cost of living has put her family on the edge. Although she is not a member, she hopes the call to Government by the Central Organisation of Trade Unions to enforce a minimum salary hike of 60 per cent will be implemented. Her employment contract, which she barely understands, does not allow her to be in a union. She is among thousands of Kenyan women who form the bulk of the formal sector, though in lower cadre jobs and yet have little avenues to discuss their welfare. Even for those in unions like Valerie Kamunde, ‘there is little that I get out of it. I pay membership fee and that is as far as my contact with my union goes’.

Decision making “A lot of decisions are made and I get to hear them on radio or see the leaders on TV,” she says. This, according to former Funyula MP and chairperson of Labour Party of Kenya, Dr Julia Ojiambo is reflective of the nature of present trade unions and by extension the politics. “Labour movements and trade unions are about workers’ rights and welfare; few people feel like they are getting that. Women especially feel alienated because of the way most of the trade unions operate,” she says. The Central Organisation of Trade Unions (Cotu), which boasts over 1.5 million members has only one woman as deputy treasurer and none at the executive board. Ironically, COTU’s motto is ‘promoting the Social, Economic, Political and other Interests of the Kenyan Workers’, a bulk of which are women. Since its establishment in 1965 during the radical era of Tom Mboya, the organisation has never had a woman holding a key position. COTU’s structure and operations are also replicated in other giant organisations like the Kenya Union of Teachers, Union of Kenya Civil Servants, Kenya Union of Commercial Food and Allied Workers Union, Tailors and Textiles Workers Union among others that have few or no women at the helm. For example, KNUT where major-

ity of the members are female teachers has no women at the top position. According to human rights lawyer, Ms Monica Mbaru, the history of the formation of labour movements and trade unions has made it difficult for women to be at the helm.

Welfare “Looking back at the time of Mboya, trade unions looked at workers’ welfare in a more comprehensive way. That is why they also agitated for independence. Things were more confrontational and women shied away from confrontations,” she says. Mbaru says trade unions have not shed the image of confrontation and are viewed as platforms to political careers. “This has made it easy to keep women out of decision making because even culturally vocal women are viewed as trouble makers,” she says. Ojiambo echoes these views saying that ‘playing safe’ has left women vulnerable. “If you look at COTU and KNUT, most of the images we get are those of confrontation. A female teacher would rather concentrate on her profession than union matters,” she says. Trade unionists are often seen as combative and sometimes lacking in decorum, this according to Mbaru is not favourable for women.

Report According to a UN women report 2009, Kenya remains one of the countries where women have not made significant noticeable progress in representation, let alone participation in all sectors of development since achieving independence. For example, the report says: “Although the total workforce of women in Local Government are 33.7 per cent of the workforce, only 10.2 per cent of top management including heads of departments. Majority of women employees (97.7 percent) in local authorities are low level staff working as sweepers in offices, markets and revenue collectors in bus-parks and markets.” The report notes that although the one-third for political parties’ representation in Kenya exists, the extent of women participation is difficult due to non-implementation of this provision despite the fact that women’s organisations have lobbied for its implementation. As a result, there is unnoticeable impact on government bodies in terms

Women in a procession at Mombasa Municipal Council grounds during celebrations to mark Labour Day. Women are members of many labour movements but they have failed to penetrate the helm of decision making. Picture: Kenyan Woman Correspondent.

necessary. It is hoped Affirmative Action or the requirement that a third of any leadership be women under the new Constitution will change the underrepresentation of women in trade and labour movements.

Marginalization

“Despite being 50 percent of the population, women’s needs are rarely reflected in the overall national policy because they do not feature in key decision making positions that distribute power and resources nationally.” —Njoki Ndung’u of policies, laws and regulations. For example, the issue of maternity leave, which also had paternity leave included, was a bruising legal battle because none of the trade unions pushed for it or thought it was

According to Ms Njoki Ndung’u, who was a member of the Committee of Experts that drafted the new constitution, Kenyan women to this point have been treated as second class citizens — the largest historically marginalised group in Kenya. “Despite being 50 percent of the population, women’s needs are rarely reflected in the overall national policy because they do not feature in key decision making positions that distribute power and resources nationally,” says Ndung’u. “With the new Constitution, this will change because there are over 40 benefits ranging from simple gender-neutral language to those that are life-changing, like the non-discrimination clause outlawing bias on the basis of sex, pregnancy or marital status,” she observes. While Ojiambo hails the new Constitution, she says it will take much more than legislations to get more women to decision making positions in labour movements. “It is a matter of civic education, women need to know their rights. They need to understand how their welfare affects their general wellbeing,” she says.

Ojiambo is of the opinion that if women workers do not understand how their welfare is intertwined with representation in unions, then little may change. Macharia Munene, a professor of history at USIU says that though the Affirmative Action may move many women up the leadership ladder, locally women must be willing to take up those positions. A women’s leader at the grassroots in Nyeri, Ms Wangu Mwai says the new Constitution has given women a mileage but it must be enforced strictly if women are to benefit. She also agrees that civic education is necessary. “Women need to understand their rights as employees and what the Constitution guarantees them, that way they can feel the need to be active in trade unions and labour movements,” she says. A Professor at the University of Nairobi says: “The Affirmative Action may put women in key decision making places but will they be people of integrity?” She says, if not well guarded, the Affirmative Action may be one way to continue cronyism and mediocrity in trade and labour unions. However, she reiterates that civic education, is necessary. “We do not want to look back and see that equal and quality representation that women have wanted for so long was never achieved,” she says. The Affirmative Action is a double edged sword, she says, we must handle it with care.

Little to celebrate for working in the informal sector …By Samwel Kipsang

hen Standard Eight class at Kitoloswoni Primary School in Narok South were sitting for their Kenya Certificate of Primary Examinations (KCPE) exams, Nancy Cherotich, a Standard Five pupil saw an opportunity to make money since the rest of the school was going to be away.

Opportunity “I went into the business of harvesting sand and I made a lot of money,” says Cherotich. Cherotich was not alone in this. Many girls, majority from poor families viewed an opportunity to be away from school as the time to throw away their books for an assortment of odd manual jobs. This led them to neglect their studies

and compromise their moral lives. Cherotich’s excitement is deceptive since one may think the work is light, enjoyable and well paying. Sand harvesting especially at Ngaram, where she works is hard. It involves hitting rocks to produce sand which is then sieved to enable one get quality product. As we celebrate Labour Day, girls and women who work in the informal sector earn very little unlike their counterparts in the formal sector who are represented by unions. As per children rights and labour law, these girls harvesting sand are suppose to be in school or playing with other children. On a normal day, Cherotich harvests four wheelbarrows of sand, and earns a dollar. Her parents and sister also harvest sand. Everyone in the family then has a day when they are responsible for buying food, Cherotich included. Having bought food, whatever little money is left

the girls spend on clothes, soaps and body lotions. Cherotich’s father has neglected his responsibilities. He does not buy anything for the family, and occasionally when he gives some little money towards fees, he demands the money back within 24 hours. If he is not given, he beats and throws everyone out.

Innovation Cherotich and her sister are lucky they are still in school. Most of the girls in the sand harvesting business have dropped out. Some of them are already deep into prostitution. The sudden upsurge of young, brilliant, assertive and innovative women in various professions and academic may create a perception that the gender divide is getting thinner. Despite affirmative action being enacted in law and other statutes, the divide remains wide. More girls and

women across rural Kenya, work daily in rough, hard, hazardous and less paying manual jobs. Experts in human rights and civil society organisations would like to see more help coming out to the girls and women in the informal sector. Few girls who do the many varied manual jobs would proceed for their secondary education. Many drop out of school early before they can sit for Kenya Certificate of Primary Education. Due to poverty, millions of girls in sub-Saharan Africa, just like Cherotich are preoccupied with what wou8ld normally worry adults. They are the sole bread winners and even have to work hard to ensure they do not walk around naked. Children in the sand business at Ngaram among other places are aged 12-15. Majority of women engaged in the business are aged between 25 to 40 years. It is never a surprise to see women of about 60 years joining in sand harvesting.

Issue Number 17 • May 2011

Women unveil leadership potential

…By Omondi Gwengi

s veteran politicians and new political entrants lay the groundwork for what promises to be big political contest across the country in preparation for the next General Election, women from Bondo and Kisumu West districts are also laying down their strategies to occupy positions created by the new constitution. This is encouraging particularly within the women ‘s movement and towards gender equality. Back in their minds the women are also planning to step forward and occupy the hall of fame by following into the footsteps of the pioneer legislators like Mrs Grace Onyango, Mrs Grace Ogot and Dr Phoebe Asiyo.

Leadership During the unveiling of the database of women leaders from Bondo and Kisumu West districts, Prof Emily Akuno of Maseno University noted that the era of discrimination against women is gone. “Women have been weeping and a time has come that we need to wipe off our tears in order to see clearly where we are headed to,” said Akuno. During a ceremony that was organized to crown Dr Phoebe Asiyo, Akuno said that men who hinder women’s development and growth are not men enough as they are suffering from self ego. “In the traditional African context, a man was defined by how well he cared for his wife and daughters,” she reiterated.

Empowerment Akuno observed that the best way to empower women is through educating the daughters to enable them compete favourably with the men. Speaking at the same forum, the Executive Director of Community Aid International (CAI), Mr Joseph Kwaka reiterated that the African society has been the greatest enemy of our women. “We have individuals of good values and principles who can lead this nation but they have been short changed by the society they live in,” explained Kwaka. A report from CAI indicates that the international conventions such as

the International Covenant on Civil and Political Right (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR) and, the Convention of Elimination of all Forms of Discrimination Against Women (CEDAW) have not translated into any significant changes for the majority of women in Kenya or in the push for good governance.

Governance However, through the establishment of Gender and Governance Programme (GGP) there have been positive change towards women’s leaders in Bondo and Kisumu West districts. “We have been concentrating on recruiting male and female advocates to campaign on GGP. Through GGP, many women have been included in boards of governors committee as well as water boards among other institutions,” explained Kwaka. According to reports from Bondo District Education office, girls’ schools performed better compared to the past and their enrolment also shot up. Bondo District Education Officer, Mr Bicker Lunyangi said that apart from 2009, no girl has ever gotten grade A (plain) in KCSE. “Girls only need to be appreciated and encouraged as education of girls is crucial in changing the world,” advised Lunyangi. Unveiling the database, Bondo District Commissioner, Mr Mohammed Salim observed that Nyanza has invested a lot in education compared to other regions. He acknowledged that by having the data bank, it will be easy to recruit women in various positions in the district. “We always advertise for positions in various departments but a few women turn up. It is, therefore, going to be easy to pick women on various positions by looking at the data-

Mrs Anne Adul (left), Prof Emily Akuno (center) and Mrs Pamella Oluoch hold a copy of the women’s leaders’ database after it was unveiled at the Community Aid International in Bondo. Inset: Mr Joseph Kwaka, Executive Director Community Aid International. Pictures: Omondi Gwengi

“We have been concentrating on recruiting male and female advocates to campaign on GGP. Through GGP, many women have been included in boards of governors committee as well as water boards among other institutions — Joseph Kwaka, Executive Director Community Aid International

bank,” said Salim. The DC challenged women to change their attitude towards leadership and start competing in elective offices. During the meeting participants agreed that through election citizens have the right to getting good leaders. The meeting also underscored the role of civic education in scrutinising leaders before going to the ballot.

Strategising Due to the frustrations by the public in regard to the implementation of the new constitution, it noted that it was high time citizens came up with strategies to push for the speedy implementation of the whole process. “The use of peaceful demonstrations as well as lobbying citizens

through civic education needs to be inculcated,” reiterated Mrs Pamella Oluoch, secretary Maendeleo ya Wanawake, Bondo. “Let’s go for the more than one third as provided in the constitution. We should not settle for tokens, but instead work extra hard by exercising our right to acquire the positions of leadership in this country,” explained Oluoch. Gender and Governance Programme which has run for the last four years trained women aspirants in 2007 by building their capacity as political candidates. After the election, CAI embarked on advocacy for good governance, gender equality and human right programme.

Gender agenda remains at an impasse many years later from page 4

Murugi reiterates that issues such as gender based violence continue to afflict women. Rape is the second most reported crime and HIV/ Aids has continued to take the face of the Kenyan woman with the latest statistics by the Kenya Aids Indicator Survey (KAIS) showing that out of every five HIV infected people, three are women. In Kenya, an estimated 43 percent of married women face sexual and physical violence from their partners which increases their vulnerability to HIV. For most women, therefore, the state of their health is largely determined by the morals of their partners. “Among youths aged between 15 to 24 years, women are four times more likely to be infected with HIV than men,” expounds Dr Nduku Ki-

lonzo, Executive Director of Liverpool VCT, Hurlingham. “Furthermore, the burden of care regarding HIV/Aids continues to be the woman’s responsibility. Whether you are talking about infection, treatment or care, no one is more pressed than the woman where HIV is concerned,” observes Kilonzi. In 2007, 452,800 HIV positive individuals also suffering from tuberculosis were receiving care and support under the President’s Emergency Plan for AIDS Relief (PEPFAR).

Challenges

Kilonzo emphasises that the responsibility of care and support for those living with HIV is a challenge many women continue to face. HIV treatment and care, as well as home-based care programmes that are gender sensitive have not been put in place.

The statistics further show that out of every 10 pregnant women, one is HIV positive. Since 2003, 121,600 women have been receiving antiretroviral prophylaxis under the Preventing Mother to Child Transmission Programme (PMTC). “Gender strategic investment in the form of gender responsive initiatives have never been more urgent and these are some of the glaring challenges facing women that lead us to including the aspect of care giving in this year’s theme for the International Women’s Day,” explains Murugi. “The fight against HIV/Aids and gender based violence requires that national programmes address underlying gender inequalities, particularly the aspect of equal sharing of responsibilities between men and women.” The push for equal sharing of responsibility between men and women is an attempt to

push the gender equality agenda to highlight the overwhelming situation for women caring for those living with HIV/Aids. Murugi says stakeholders must address harmful gender norms and stereotypes which have continued to turn the Kenyan Woman as the breadwinner and care giver in the family, yet denying her the opportunity to be present at the decision making table. Whether this year’s day to celebrate women in Kenya and the world at large turns the tide and provokes a gender mainstreaming that will lead to the achievement of this year’s theme and by extension the advancement of women in all sectors of development remains to be seen. For now, it remains clear that the Kenyan woman has waited far too long for tangible change.

Issue Number 17 • May 2011

Call for enhanced response to gender based crimes

…By Mercy Mumo

ince time immemorial, women have been advocating for prosecutions in gender based crimes. The Rome statute recognises rape, sexual slavery, forced pregnancy, enforced prostitution and enforced sterilisation among other forms of sexual violence as war crimes in international and non-international armed conflict as well as crimes against humanity. The government has been challenged to adopt laws from the International Criminal Court that seek to protect the rights of women, and adopt such legislation to cover crimes committed against women during times of conflict.

Accountability During a meeting on accountability for gender-based crimes through the ICC and domestic prosecution within the Kenyan legal process by the Women’s Initiative for Gender Justice (WIGJ), the Executive Director, Ms Brigid Inder pointed out the need to have gender advocates in the justice process for victims of gender based crimes. “Reparation mechanisms need to be put in place to ensure that we work closely with women affected by armed conflicts in helping them get justice,” reiterated Inder. The Rome Statute of the International Criminal Court was ratified on March 15, 2005 in Kenya, bringing the total number of states that are party to the statute to 114. The Statute states that the interpretation of law must be without diverse distinction of the basis of enumerated ground including gender. According to the Gender Report Card on the International Criminal Court 2010, the Women’s court was formed to draw attention to the particular harms women and girls experience during armed conflict and to promote greater attention to these crimes by the International Criminal Court (ICC) and national authorities. The same report also notes that national accountability processes and their compliance with international justice standards are necessary if prosecutions are to act as a deterrent to the future commission of genocide, war crimes and crimes against humanity.

Development The provision of the Rome statute is a key development in Kenya’s law especially in recognizing gender crimes. The statute includes a provision that enables the court to award reparations to or in respect of victims including compensation, restitution and rehabilitation. Problems of not defining gender wars properly have been either characterised wrongly, underrepresented, ignored or not recognised at all. Inadequate treatment of the victims of sexual slavery has led to an unsatisfactory situation. According to the Gender Mainstreaming Perspective Study by the African Woman and Child Feature Service, women and girls were at higher risk of sexual and genderbased violence in most internal displacement camps. Such was the case of gender-based violence faced by

women following the bungled 2007 presidential elections in Kenya. Thousands of women, girls and men experienced some form of sexual violence during the post election violence (PEV). It is reported that over 3,000 cases of rape were reported from all over the country. None of the perpetrators have been brought to justice thus making the battle against the culture of impunity a prolonged and tedious one. According to Ms Betty Murungi, a human rights lawyer and former vice chair of the Truth Justice and Reconciliation Commission (TJRC), accountability is key in the search for justice. “People need the assurance that perpetrators can be held accountable for the crimes they commit and prosecuted locally,” observes Murungi. She adds: “This will expand the basis of rights that women can access justice for whatever crime. Broadening the variety of the way to deal with crimes against women is also an option that needs to be explored. As a country, we still have the opportunity to advance and restructure our criminal laws and justice system.

Security Several treaties such as the UN Security Council resolution 1325, the Windhoek Declaration, General Recommendation No. 19 of CEDAW, the UN declaration on the elimination of violence against women, the Geneva conventions among others have been ratified to address the rights of women and children and the abuses they may face during conflict. Gender based crimes can be represented in the current laws and the ICC process through the various commissions that have been set up as they already have existing gender components in them. Murungi gives an example in dealing with the marginalization of women’s issues. “The Truth Justice and Reconciliation Commission while taking statements across the country should be able to bring accountability to the fore. The National Cohesion and Integration Commission should ensure that women’s concerns are taken up urgently.” Murungi notes that the ICC is there to only complement the local systems and not to take over the judiciary process. “Kenya is not a failed state therefore the ICC cannot take over our cases,” she reiterates. Proposed bills that take into account women’s rights can also be adopted as a step to attaining justice. The ICC should only see itself as supplementing the process of the local courts and can only be turned to as a last resort when the local judicial mechanisms fail to deliver justice. Using local judicial mechanisms to pursue alleged crimes against women before and after the post election violence should be highly encouraged. “We advocate for the strengthening of the local judicial systems in order to deliver justice to the victims. We already have the Supreme Court, the High Court and Court of Appeal in place. These are capable bodies with the right mechanisms in place,” says Murungi. The deputy Executive Director of the Centre for Education and Awareness Creation (CREAW), Mr Michael

Deputy Executive Director at CREAW, Mr Michael Wachira puts out a point during a press briefing on how civil society handled gender based violence issues in the post election violence during a meeting organized by Women’s Initiative for Gender Justice, which wants GBV issues handled at the international Criminal Court. On the far left is Ms Brigid Winder, Executive Director Women’s Initiative for Gender Justice. Picture: Kenyan Woman correspondent

“The Truth Justice and Reconciliation Commission while taking statements across the country should be able to bring accountability to the fore. The National Cohesion and Integration Commission should ensure that women’s concerns are taken up urgently.” — Betty Murugi Human Rights Lawyer Wachira admitted that sexual violence has not been given the seriousness it deserves. CREAW was able to conduct an audio visual research on violence against women during the post election violence. “A lot of gang rape cases, sexual exploitation by state agents, in camps by humanitarian workers and other sexual related cases were reported,” says Wachira. The research findings bring out strongly the urgency of dealing with sexual violence in a conflict situa-

tion. It is evident that violence did not commence with the last general election. Every successive election has been characterised by some form of violence. Measures to respond and mitigate issues of sexual violence need to have been in place yesterday. “It is only fair for the victims that we reform the local judicial systems to deal with the injustices because these are issues from within. Budgetary allocations have also to be made including counselling,” observes Wachira. The Sexual Offenses Act has stiff penalties for sexual related offences but does not deal with sexual violence in a conflict situation. The penal code has a clause on how reparations are going to be dealt with. Wachira notes that the media has a big role to play in being vigilant in how the commissions will conduct their research and findings and giving the pieces of legislation teeth in order to work and provide justice. “The situation needs to be given seriousness in dealing with the gross violation of human rights,” reiterates Wachira. As far as reparations go, this can only happen when the first case is completed. The trust fund which is associated with the ICC has a mandate to provide rehabilitation (mentally and physically) for the victims of PEV. “Court ordered reparations will only take place after the first case is concluded which will be the end of this year,” says Murungi. Getting reparations for women’s violation of human rights and mass victimisation might be a challenge. The United Nations Principles on the Right to Remedy and Reparation states that Victims should be treated with humanity and respect for their

dignity and human rights, and appropriate measures should be taken to ensure their safety, physical and psychological well-being and privacy, as well as those of their families. Enhancing local legal mechanisms in ensuring that victims access justice will be more meaningful and will give them assurance that sexual violence is punishable therefore having more women come out in the open to talk about their experiences. This will be a major benchmark in developing policies which relate to gender based crimes among women and other marginalized groups and adopting effective response mechanisms.

Legislation Having strong and accountable judicial institutions and firm legislative measures will reduces cases of vetting malpractices, allegations of corruption thus assuring Kenyans that reparations can be carried out in transparency without doubts of manipulation or fear of being tampered with. Many victims of sexual violence fail to seek redress for fear of reprisal attacks and stigma from family and the society at large. Women need to be involved in peace building initiatives to enable them to open up and feel safe even to talk about and iron out issues that are key to them. A conducive and friendly environment would be appropriate for women to feel at ease and open up. Court rooms can be intimidating to the victims of sexual violence. “More often than not, women find it hard to come forward and talk about their experiences because the environment in the court rooms is intimidating. This makes it hard in collecting evidence,” says Murungi.

Issue Number 17 • May 2011

Justice eludes women of Africa as sexual violence reigns

…By Mercy Mumo

he high illiteracy rate among African women plays a major role in hindering their quest for justice in crimes that violate their rights as they remain targets of sexual violence particularly in times of conflict. States like the Democratic Republic of Congo (DRC), Sudan, Liberia, Sierra Leone and the Central African Republic have had their fair share of gender injustices. In 2002, rape and sexual violence became an instrument of war to decimate entire communities. Women were tortured, killed and in some instances buried alive. The war resulted in sexual exploitation by armed groups manning specific territories of the country. Many young girls ended up being sexual slaves.

Vulnerability Rwandan rebels were reported to have killed expectant women and extracted foetuses from their wombs. In some districts in the western provinces, armed men took advantage of vulnerable women. Their lips, ears and genitals remain scared from mutilation. According to Ms Stella Yanda of Initiatives Alpha in the Democratic Republic of Congo, since 1996, the country has registered a number of wars ranging from civil wars, aggression and war. The types of violence experienced takes two forms. There is the traditional violence where women are subjugated through culture. In this instance the woman’s body becomes the battlefield. “Because of war, the woman’s body is exposed to brutal violence. She is considered game, a play thing,” observes Yanda. Women continue to carry the cross of social ignominy as a result of impunity. The perpetrators involved in these heinous acts have gone unpunished due to impunity. The authors of these atrocities include the Hutu rebels, soldiers of the armed forces in DRC, internal armed groups, mayi mayi armed group, prison warders and even civilians. These militant groups turned against women.

Violence Yanda observes that there have been a number of changes that have led to reduction of sexual violence against women. Emphasis by the United Nations secretary general, the International Criminal Court prosecutor and the enactment of a law against sexual violence have played a big role in reduction of cases. Some of the authors of the atrocities have been prosecuted. “There has been a lot of progress also in prosecutions. The trial of Martin Bakaka, Thomas Lubanga, police agents in Congo’s eastern province amongst others on various violations of human rights have made a mark to justice being served,” she reiterates, adding that it is a step but not enough. Some perpetrators remain untouchable and go unpunished. That gap still needs to be bridged if justice is to prevail. In 2004, the government of Congo

requested the ICC to carry out investigations but the Judiciary was reluctant to comply. The investigations did not bear much fruit because some of the perpetrators are government officials. Arresting them would either paralyse or put the country’s peace in jeopardy. The country has no law regarding implementation of the Rome statute. As far as civil society organisations are concerned, there is an urgent need to facilitate the work of investigators. Documentation of sexual crimes needs to be carried out. “I am urging the government to get rid of the shadows in their midst for justice to take its course,” urges Yanda. The situation in Sudan is no different. The ICC process is crucial in prosecuting perpetrators in Sudan. The Women’s Initiatives for Gender Justice (WIGJ) has been supporting women affected by the Darfur conflict since 2005. “Regarding the peace talks still taking place in Doha, WIGJ is keenly following the talks and engaging with partners in Darfur to ensure the effective participation of women and access to information on what is going on with regard to peace negotiations,” said Ms Amira Khair, WIGJ Sudan Programme officer.

Women survivors of sexual violence from the Democratic Republic of Congo. Many women in this country have faced war atrocities and are the biggest victims of gender based violence. Picture: Internet

Legal provisions The justice system in Sudan is not friendly neither is it designed to cater for their rights. The Sudanese criminal law does not contain legal provisions that criminalise offenses that fall under the jurisdiction of the ICC which include crimes against humanity, war crimes and genocide. Khair further expressed disappointment on behalf of the affected communities in Darfur and in particular women and human rights and peace activists by President Omar Al Bashir’s visit to Kenya when Kenyans were celebrating the new Constitution as well as his visit to Chad despite that both countries are state parties to the Rome Statute. The WIGJ is concerned with the situation of women in Darfur and is calling on the United Nations to protect them. Countries that have the Rome Statute in place are being asked to take the necessary measures in protecting women against sexual violence. Coordinator of the Youth United for Environmental Protection and Community Development (JUPEDEC) from the Central African Republic, Mr Alexis Mbolinani, avers that soldiers used condoms to take advantage of the women. The women would be given a dollar to have sex without using condoms, thus the very high HIV prevalence rate. In this instance, the soldiers took advantage of the women’s poverty to perpetuate violence against them. Currently, the international community is carrying out advocacy work to highlight the plight of women who have suffered violent attacks. Since 2008 when the Ugandan rebels took over, the violence prevalence rate stands at 13.7 percent. During political related violence, communication, transport and a lot of abuse takes place especially in the remote areas. Literacy levels among

“Regarding the peace talks still taking place in Doha, WIGJ is keenly following the talks and engaging with partners in Darfur to ensure the effective participation of women and access to information on what is going on with regard to peace negotiation.” — Ms Amira Khair, WIGJ Sudan Programme officer.

girls and women are quite low. There are more than 5,000 refugees who ran away as a result of the war. “While fighting the Lord’s Resistance Army (LRA), its effects and other forces, women and children are the most affected,” reiterates Mbolinani, adding that those who were raped and managed to come back home are chased away by their community. Internally displaced persons are

being assisted but the women have been left out. Mbolinani says strategies need to be put in place to help women reintegrate into the community without their being stigmatised. “With the help of UNICEF, they are getting help in training, building schools and resettling. However, transporting the people even with security is a major challenge because they are sometimes shot at by the rebels,” explains Mbolinani. In Liberia, when the war began in 1989, thousands of women and children were displaced. Majority of the population fled to neighbouring Sierra Leone, Cote d’Ivoire and Guinea to seek refuge. Women and girls were subjected to rape by the soldiers and ethnic militia. Towards the end of the second civil war in 2003, there was an upsurge in sexual violence as the war intensified. As the fighting between the Liberians United for Reconciliation and Democracy (LURD) and the troops of President Charles Taylor intensified, so did the cases of sexual violence.

Combating SGBV To deal with the sexual violence in Liberia, a Joint Programme was signed between the Government of Liberia and the United Nations. The programme is helping address the wide-scale sexual exploitation and abuse cases, sexual and gender-based violence (SGBV) through the implementation of both prevention and response measures. A fact sheet on combating sexual and gender based violence in Liberia states that the Joint Programme has been designed in line with the security and protection component of the Government’s Poverty Reduction Strategy (PRS). It offers a compre-

hensive and integrated approach to reducing sexual gender based violence and is designed to support Liberia’s National GBV Plan of Action (POA), minimising GBV by while providing appropriate care and services to survivors. Over two million people in Sierra Leone were displaced by the armed conflict that lasted 11 years and are now refugees in neighbouring countries. Women are stigmatized and are not allowed to speak in their own communities therefore making it difficult to deal with sexual gender based violence. Due to these heinous acts, the country continues to experience high prevalence rates of HIV/AIDS. Women still continue to suffer some form of violence during their lifetime. As of last year, out of the more than 900 cases reported, no convictions have been made.

Justice The access to justice programme by the UNDP strives to give special attention to SGBV and also, seeks to support the work of government institutions (FSU, the Courts, the Local Courts, and the State Counsel) as well as civil society in the prevention and prosecution of SGBV cases. It’s part of UNDP’s response in strengthening a weak and poorly resourced justice system and improve access to justice for vulnerable people in Sierra Leone. These few scenarios paint the hopeless picture of the justice system in African countries in addressing sexual gender based violence. As women continue to bear the brunt of violence, justice remains elusive even with the enactment of gender based laws, signing of treaties and peace accords.

Issue Number 17 • May 2011

Still standing after post-election hurricane

…By Joyce Chimbi

vents playing on the media in Kenya are a reminder of what took place after the 2007 elections. The violence that gripped the country left many women and men wounded physically and psychologically. Many do not want to be reminded of what they went through at the time. However, there are others who have daily reminders and for them justice remains a mirage. As the post-election violence ranged on and scores of women and women were sexually abused, a sizeable number of these women conceived and some carried the pregnancy to term. Almost four years after the post election violence, and with another General Election looming, the women who got pregnant out of this violence have not been able to erase the constant reminders to the sexual abuse they suffered. Years have gone by and everyday these children are growing and are already beginning to conceptualise what constitutes a normal family. Those who do not have fathers are already raising questions as to when daddy will come back home. These questions to which the mothers have no answer are a daily reminder of the nightmare.

Sexual abuse The presence of the six men charged with instigating post-election violence including sexual abuses charges have just reopened wounds for many women. Here is one woman’s story. “I saw him today, he is different, scarred with the evident weight loss, and there is a hideous rash on his face. I look at him, our eyes meet and I hold his gaze, I wait for him to drop his face in shame but his face is blank, no recognition, no remembrance, no memories. He does not recognise me, I probably look different too. “Seeing him again brings back a flood of memories, memories I would want to forget but I know that I cannot. It is the second week of January 2008, life in Kenya has changed as violence fuelled by political differences continue to escalate. “It is late in the evening and everyone is hoping that they will be safe behind closed doors. Other than the regular police patrols, all is quiet outside. As if reading my thoughts, a gun goes off someplace but rather than instilling fear, it reassures me there is police presence around. “As if on cue, someone knocks repeatedly at the gate, it is a man, he is calling for my neighbour. I shout back, informing him that my neighbour is not home. He insists he wants refuge. He fears that the police will harass him, I know this man. With what is going on in the country, I think we can shelter him, why not? In any case, he is no stranger. I open the gate.

Trauma “But when I open the gate, the look on his face is that of a stranger and I immediately sense what is going to happen next. I look towards my children’s bedroom, I can bear it but not if any of my little ones witness it. I lock their bedroom door from outside as this man, well known to me, takes me by force. I don’t cry, I can’t cry, I can’t risk them finding out what is happening to their mother. I struggle with every touch, I endure, I feel nauseated and finally it is over. I am in pain . . . I am reeling with disgust but another side of me is relieved because he is going to leave now. And let me drown in my sorrow. It is a small consolation. “But he doesn’t leave, not yet. I pray again. I don’t trust that I can bear another minute of him around me. He surprises me even more, if that is possible. He rolls to one side of the bed, and falls into a deep slumber, his regular breathing interrupting my stupor. I want to call for help, but I am alone with him and my children and I have daughters too. I am numb. I contemplate calling my neighbour, but who will believe me? After

all, he is asleep in my house, on my bed. And it Fe is no secret to my neighbours that this man and I are not strangers. “I dial my sister’s number but her phone is off. He stirs, and I am overwhelmed by a murderous spirit. I go for the kitchen knife but then he stands up and leaves, barely acknowledging my presence. “At this moment I realise that I have no clothes on, and I have just wet myself, again. I feel filthy, angry and very guilty. I blame myself, why did I open the door? Why didn’t I shout? Why didn’t I call for help when he was still asleep? “The children are now stirring and it is dawn. I have been seated quietly, lost in the heavy realisation that my life has changed forever. Outside I can hear the estate coming to life. It is all normal for everyone, everyone but me. I take a shower, and it dawns on me that I have erased all evidence, but I really don’t care. When was there any justice for my kind? “I shiver at the ordeal that I would have been put through at the police station, harsh interrogation that carries with it a heavy undertone of what the interrogator believes is my fault. That it was a deal gone sour. I’m glad I’ve spared myself the police encounter. I have now showered and ready to face my children. I think my life will go back to normal, but deep inside I know it will not. Soon after I am down to one illness after another. I’m continuously fatigued. So I check myself into the hospital. And then they ask about the baby. What baby? I scream. “I am pregnant with his child. I want to die. But that is not all. They run some tests. I’m also HIV positive and I should be on TB treatment, they add. I wait expectantly for more bad news. Nothing more is said, or if it is, I neither heard nor understood. Now I know for sure that I want to die. But I have five other children. I’m A woman survivor of sexual violence during the post election crisis. Many women who were raped and impregnated or infected with HIV are still at a loss as to whether they will ever get justice. a single parent. I’m going to have an abortion. Picture: AWC Woman survivor of sexual violence during the post election crisis. Picture: AWC “I’m still pregnant and HIV positive. None of my children know what their mother is deal“But I don’t die, I have another shot at life. ing with at the moment, but the older ones can Having carried five other pregnancies to term, see that mum has undergone a major transfor- it breaks my heart to be in this situation. But the The baby that I gave up? I want her back; I’m a mother of six children. I have to call the adopted mation. I need to sit them down; they need to baby is not mine, at least not any longer. “The delivery date draws nearer, and my family. hear the truth from me. pregnancy is no longer a secret. I have been a “The first phone call is treated with caution Pregnant & HIV positive widow and tongues are wagging. It is an under- and when my intentions are known, cold hostilstatement to say that my relatives are shocked ity soon descends on our relationship. The sec“The news that I’m HIV positive is received and indignant at my audacity to get myself preg- ond call is outright abusive. Of course by now with dread. They want to know whether I am nant. They know nothing of the ordeal that I’ve emotions are running high all round and there going to die and how soon. It breaks my heart. been through this past months. is little love lost. I wonder how they are treating I reassure them that mum will be around for a “Rape is not an issue that people are eager to the baby now that the possibility of losing her long time and that all will be well. I don’t believe help cope with. It is usually a secret, tucked away was real. my optimism, but these are my children — my for the larger good. Why soil the family name? “We schedule a do or die meeting and they life, and for them I will feel whatever level of op- That is what rape does, it makes family look bad. confronted me with the adoption papers. timism that I can master. Thinking about this reality hurts, I feel alone “With my son and daughter in tow we ar“But as soon as I begin to feel in control and vulnerable. rive for the highly tense, teary and emotional again, things get even more complicated when “I face my condemnation bravely. Thinking meeting. I say as little as possible and tell them I am admitted to the hospital because I have about it sends me into spells of desperation. that the situation has changed and could I please developed extreme anaemia and I need a blood “Soon I am into labour. The baby’s adopted have my baby back. I am not there to quarrel or transfusion. parents are in the hospital and together we leave insult their intelligence or to con them. I just Even in this bleak moment of my life, the for their home. She weighs two kilograms. want my baby back. abortion option is still at the back of my mind. “A lot is going on in my mind. Where will I But with little money, I know the abortion if tell people I’ve taken the baby? My children esHope taken will have to be backstreet and unsafe, pecially? “As can be imagined, it was a meeting that I begin to worry for my life. Like hundreds or “Before I am able to at least plan my next even thousands of desperate expectant women, move, I am back into the hospital and in a span both parties would want to forget forever. But I I could die procuring an abortion. And I need to of two and a half months, I undergo two surger- get my baby back, Princess, that is what we call her. She’s my Princess and I will look after her. live for my five children. ies. I now feel as if I am hanging onto life by the “When we got home after the highly emo“I begin to think about giving up this baby thread. I want my children to remain together for adoption. I visit the Child Welfare Society, it when I am gone. That’s all I am concerned about. tionally meeting, we all sit together and cry, I is the lesser evil. I fill the forms and go through As I go to bed, something tells me that I could know my tears are of a mother‘s joy at having such other necessary procedures. I am doing die, that I may never wake again. all her children with her. I don’t know what my something good, I console my aching heart. children are crying about. I like to believe that it is the security it gives them, that in spite of “The news that I’m HIV positive is received with dread. They all that we have been through, we are all home happy. And they do not have to worry want to know whether I am going to die and how soon. It breaks together, that I will give any of them away. “I will take care of my six children, and whatmy heart. I reassure them that mum will be around for a long ever storms life brings, we will soldier on.” The character here was raped in the post lectime and that all will be well.” tion violence and in the process contracted HIV and got pregnant. —Name withheld

Issue Number 17 • May 2011

From being jobless to an employer Otieno proves that shattered dreams can be picked to make life worth living

…By Ajanga Khayesi

ew people live up to their dreams; they wear out and give up before accomplishing them. The situation is even worse for people who cannot get employed, especially in Kenya as is the case with many developing countries where few venture into self employment. However, one woman whose dream of working in an office was shattered, today runs her own business premises with a staff of four to boot. For Rabecca Otieno, hardships and obstacles have merely been have characterised her life. This explains why she changed from fish mongering to baking bread. Holding the belief that the mind tires before the body, Otieno has experienced how to push herself further and further whenever life presents hurdles on her path.

Determination The determined Otieno discloses that few people are bold enough to admit failure during the battle against unemployment, but lay aspiration on good jobs to turn up in the future. According to Otieno, most people in the villages seek jobs that could put bread on the family table, while those in small business dream of expanding their ventures within the traits of available markets. The last born in a family of three children, Otieno was born in Mombasa about 34 years ago before her father, Mzee Lawrence Ndolo, a lawyer died in a road accident in 1973. Something that people don’t know about Otieno is her ethnic background. “My late dad was Kamba, my mum was from Seychelles and my husband Maurice Otieno is a Luo,” she explains. Due to poverty, her mother Treezah Anne moved with the children to stay with their maternal uncle Chris Adela, a baker residing at Parklands in Nairobi. Otieno went to St Theresa Girls’ Primary School before completing secondary education at Khalsa Sec-

ondary School, Nairobi in 1987. Otieno would later join a commercial college in Nairobi to acquire secretarial and accounts skills to fulfil her dream of working in an office. She always aspired to be a clerical officer.

Dreams Luck was not on her side as she recalls. “I got married before my second year and all my dreams were shattered.” Leaving college for marriage was a huge risk. As jobs became scarce, Otieno shifted from Mombasa to Nairobi and later settled in the rural home at Got Rabour village in Homa Bay District. The family survived on small trade but when the financial situation worsened, she went into fish mongering business along Homa Bay beaches to enhance the family income. Although the fish mongering business flourished well, life proved harder since money would not come easily. She transported ngege (tilapia) fish to markets including business people, hotels and hospitals in Mombasa, Nairobi, Nakuru and Kisumu among other places. After the poor returns, she felt it was time to unwind the business. “Fish mongers toil hard, paying for products from fishermen, purchase frying oil, charcoal and hiring staff. But the buyers and market pricing make them lose all the invested money,” she reiterates. Having lost the dream of working in an office, Otieno was not going to sit mourning over shattered dreams. The fish business did not raise enough money. She had to find another source of income. She developed a burning desire to work as a baker. Building on her past experience, she capitalised on the investment with her previous business’s diminutive savings. Otieno had earlier learned the tricks of baking from her uncle’s business. After proving to be a hard, honest and bright girl in the kitchen, the uncle who was a professional baker, introduced her to all forms of baking ranging from simple bread to compli-

“Neighbours loved the cakes and as word spread around more buyers flocked in from the neighbouring estates making the business flourish.” — Rebecca Otieno

Rebecca Onyango, a baker shows how she goes about baking bread and cakes. The entrepreneur says nothing is impossible if you have faith and determination. Picture: Ajanga Khayesi cated cake making and icing. Otieno found herself venturing into bakery to boost the family finances and enable her cater for her expenses which include rent, buying food, medical and school fees. On arrival in Kisumu town, she settled at Lumumba estate and started collecting broken pieces in the long forgotten baking field. Her wit and sharp brain made her start using kitchen equipment for a rebirth in baking from which she saved enough money to purchase a large modernised charcoal oven in Nairobi. She schemed to market her products to neighbours before setting up a vendor display at her doorstep. “Neighbours loved the cakes and as word spread around more buyers flocked in from the neighbouring estates making the business flourish,” Otieno explains. The secret to baking perfect bread is sourcing the right ingredients, using the right techniques and using an appropriate oven to supply the required heat. Basic ingredients for baking include flour, yeast, cooking oil, sugar, salt, flavouring, fruits, baking powder, milk, eggs and margarine among others.

Progress When she started, Otieno would bake eight loaves of bread using sufurias (pans). Today, she can bake 100 loaves at ago using the oven. She also produces cookies, ordinary and party cakes such as those for weddings, birthdays and graduation on special order and design. Besides the main bakery treats, there are other products. She prepares dressings. “Dressing enhances natural flavours of food while at the same time provides vitamins, minerals and other nutrients that stimulate the appetite while helping in the digestive process,” she explains. Following the high demand by customers, Katherina’s Bakery has shifted base to Anderson Estate and

employed four workers. Talking about tricks in bread making, Otieno says the first important aspect is to select an appropriate type of flour, ensuring that it has adequate level of protein to allow the dough rise into a nicely shaped loaf of bread when mixed with yeast. She says nobody can beat the lovely aroma of bread wafting through a bakery, on the shelves or in the house before eating. “The enticing smell attracts people to eat the bread,” she reiterates. “When crafting the dough, yeast ferments the sugar added to the flour and during the process, the carbon dioxide produced gets trapped within tiny bubbles, resulting in the dough rising to produce nicely leavened bread with a smooth texture,” she says. According to Otieno, daily customers comprise of boda-boda taxi riders, motor-bike riders, kiosk owners, travellers and residents returning home from work in Kisumu town. Rating Katherina’s Bakery among the best in town, boda-boda rider, George Otieno appraises the bread as the most excellent both in price and flavour. Otieno’s dreams of owning modern bread making machinery for efficiency and does range of multiple tasks. Tasks include kneading the dough, faster baking, higher capacity production, keeping bread warm for a longer time, provision for additional fruits and nuts ingredients during the bread making process. Having four children, the baking proceeds have enabled her daughter Maria Anyango complete secondary education last year, while the son is studying at Maseno High School. The rest are in primary schools in Kisumu. Her advice to the upcoming and unemployed women, Otieno says: “Always remember that education is the key to success while on the other hand, hard work, patience, determination and self respect always works at the end of it all.”

Women entrepreneurs claiming more space …By Odhiambo Orlale

ecent policy trends in the country suggest that there may be greater benefits for encouraging leadership and strategic decisionmaking by women entrepreneurs in future than in the past. These, according to a recent study, include the emergence of greater democratic space for women, thanks to the new Constitution, coupled with change in profiles of women in transition economies, increasing gender mainstreaming. The joint study on Women Entrepreneurs and Strategic Decision-Making by Information PS, Bitange Ndemo, and Nairobi University’s Fides Wanjiku Maina, notes that there has been a continued increase in the number of women creating jobs, wealth and innovations. “Whilst such trends undoubtedly present challenges to micro and small enterprises in transition and developing countries, they also present opportunities.” the study says. They note that recent studies have highlighted the changing profiles of women and suggested that a large number of SMEs in transition economies were owned and operated by women. Indeed, in five of the nine countries surveyed, women outnumbered men as owners and operators of micro and small enterprises. According to the study, women in Swaziland had the best score of 84 per cent representing the share of enterprises owned by women. They were followed by Botswana (75 per cent); Lesotho (73 per cent); Zimbabwe (66 per cent); Jamaica (49 per cent); Kenya (47 per cent); Malawi and Dominican Republic (46 per cent each) The great number of workers in those enterprises was women. It also noted that there were more MSEs in commerce than in manufacturing. On women and poverty, studies have shown that women have characteristics that could propel them out of poverty if harnessed properly.

Issue Number 17 • May 2011

Not so rosy a life for flower pickers

…By Macharia Mwangi

s we mark Labour Day, tales of people suffering at their places of work continue to hound especially in industries that are not on the radar of the Ministry of Labour and trade union. The sad story of women working in flower farms could not have depicted the situation in any other way. When Jane Morgan (not her real name) secured a vacancy at a leading flower farm in Naivasha, she was over the moon with joy. Everything appeared to fall into place. Having been picked as a flower harvester in the energy sapping recruitment exercise, she was positive the lives of her four children and her jobless husband would improve. But the joy was short lived, as the reality of the rigorous nature of the job finally dawned on her. “The pay is not commensurate with the amount of work done for eight hours,” complains Morgan. On a typical day, the dutiful mother and wife wakes up at 5.00 am to do her daily chores which includes preparing her children to go to a nearby private school owned by the firm where she works.

Obligation This is quickly followed by another round of obligations such as preparing lunch for her children and leaving for work by 6.30 am, in order to be at her work station by the reporting time which is 7 am. Tired to the bone, she retires to bed between 11.00 pm and midnight just to catch the much needed sleep before the script is replicated the following day. Earning slightly over KSh5,000, her pay is considered comfortable compared to many of her ilk. This too, comes with more that five years of experience and climbing the ladder. Her story is replicated by 43–yearold, Mary Wasike, (not her real name). She is also a flower harvester toiling to make ends meet. The mother of six ensures her motherly duties are well taken care off before leaving the house at 6.00 am, to be at her place of work in time. “Lateness is not tolerated. You are either reprimanded or at worst, dismissal is always an easier alternative for the mean looking managers,” she sums up her frustrations. Perhaps the worst hit is Sally Salio (not her real name) working in a relatively smaller flower farm. Her salary is nothing to write home about, conforming to the minimum wage requirement of KSh3,600.

Responsibility With a three month old child, Salio has been forced to take the toddler to an ill equipped day-care centre since she cannot afford to hire the services of a house help. “The money is entirely used in catering for the basic need of the family,” she complains bitterly. Salio shuffles between the daycare centre and her workplace to ensure the baby is comfortable despite being constrained by the short tea and lunch breaks. She abhors the strict supervision at her place which she describes as “stressful and dictatorial at the worst.” Despite the industry’s fortune growing by the day, the status of the low cadre workers is yet to change, with

A female worker in a flower farm cuts the plants for packaging. Women in the horticultural industry complain of low pay and poor working conditions. Picture: Kenyan Woman correspondent a sizeable number living from hand to mouth. “The most unfortunate thing is that we form the bulk of workers in the industry,” says Morgan. The situation of these women depicts conditions in a flourishing industry that is attracting hordes of job seekers. With more than 50 horticultural farms spread across Naivasha town, the lure is irresistible. The job hunters are not restricted to the dusty town alone. Many are travelling far and wide including from the newly created counties to try their luck in the labour intensive industry. According to available statistics, women account for 65 percent of an estimated workforce of more than 50,000 people. But, like many other employment sectors, the industry has been unable to absorb the rising number of job seekers forcing hundreds to do menial work that earns them peanuts, hardly enough to sustain a decent living. The high presence of women workers is unmistakable as one makes an entry into any of the flower farms. Busy as bees, the women try to outdo each other picking roses as the horizon appears endless.

Opportunities At the pack houses, the story is the same as the women workers’ beauty complements the well packed flowers being prepared for export. The level of commitment is clearly written on their faces. The nature of the available jobs seems to favour women who are cashing on the rare opportunity to put a meal on the table. Ironically, many are only managing to secure low cadre

jobs that earn them very little. Due to academic limitations or restricted options, the women are forced to take up job offers that hardly sustain their lifestyles. For new comers, securing a place to harvest or pack the multi-coloured roses come as a blessing. However, the rosy feeling of having gotten a job quickly turns to disillusionment as reality dawns on the excited workers. With frequent cases of casual labour, some of these women working in less established flower farms are open to exploitation with majority of them earning a minimum wage of less than KSh2,000 monthly. Their situation is compounded by the fact that they do not belong to a union that can help articulate their grievances as they suffer in silence. “It’s better half a loaf of bread than no bread at all,” says a female worker resignedly. “It is a dog’s life, but the choices are limited,” adds another worker. The three contend exploitation and sexual harassment is rife in the industry, but majority of the victims are too scared to let out their grievances for fear of reprisals and losing their jobs. “Sexual harassment is rampant in some of the horticultural farms,” says Morgan. Without delving into details, she admits some of the women employees seek alternative sources of livelihood to supplement their income which has led to the increase of HIV infections. “The number of orphans are on the increase owing to the existing scenario,” she explains. According to the Kenya Plantation and Agricultural Workers Union, KPAWU Naivasha branch Secretary,

Due to academic limitations or restricted options, the women are forced to be casual labourers.

Mr Peter “Ford” Otieno casual of labour is still rampant in the industry. “It becomes extremely difficult to articulate issues of such employees since they don’t belong to any particular union,” he says. Otieno attributes the high number of women in the industry to the nature of the available jobs, adding, “women don’t complain so much”. Yet the constitution in Article 41 deals with issues of labour relations. In Article 41 (1) it says: Every person has the right to fair labour practices.” In article 41(2) it says: Every person has the right to (a) fair remuneration; (b) reasonable working conditions; (c) to form, join or participate in the activities and programmes of a trade union.”

Terms of service According to Otieno, most of the flower farms have signed what he terms as group Collective Bargain Agreement (CBA) which puts the minimum wage at KSh3,600. “The figure is slightly higher than the Government minimum wage in the agricultural sector which stands at KSh3217,” he says. Some of the companies have individual CBA’s and negotiate the workers’ salaries with the employees’ representative. He admits that the minimum wage is hardly enough, saying the Government should do more to improve the wages of lowly paid workers. Otieno says despite increased cases of occupation diseases attracting compensation, it was almost impossible to enforce the rule as majority of the workers depend on company doctors to examine them as opposed to personal physicians. “Majority of workers who suffer occupational diseases end up not getting compensated and their cases are not properly addressed,” explains Otieno.

Early pregnancies blamed for low education …By Shaban Makokha

ising cases of pregnancies and negative attitude towards girlchild education in Mumias District have been blamed for low level and uptake of education among the girls. An educationist, Mr Julius Odongo said the two vices have led to girls dropping out of schools prematurely. He blamed the culture of considering boys to girls in matters of education among the Wanga community as another setback. Odongo took issue with parents who settle matters of defilement, rape and early pregnancies out of court oblivious of the child’s future. “Most parents whose girls are impregnated at an early stage do not take legal action against the offenders but instead agree to settle the matter from home,” Odongo said. He observed: “Some are given as less as KSh5,000 to put the matter under the carpet with the offenders promising to take care of the expected child.” Speaking at a funds drive to enable a girl to join university Odongo criticised leaders from the area for lacking interest of education. “Our leaders have concentrated on sugar cane matters ignoring other spheres of life including education. How shall we realise good returns from farming if we are not educated on the same,” he posed. Engineer Mohammed Mukhwana who was the chief guest put weight on the importance of educating a girl-child and reiterated the saying that educating a girl is equivalent to educating a nation. He urged parents to educate all children regardless of their gender. “Education is the best investment that parents can provide for their children,” said Mukhwana.

Issue Number 17 • May 2011

Women empowered with a farmers’ kit

…By Nzinga Muasya

omen’s groups are known for their merry-go-round programmes that are meant to offer financial support and uplift standards of living. They have proved beneficial particularly to women in low income ventures and have led them to a path of financial stability. Many of these groups hardly graduate into something else but remain in their rudimentary status while others disintegrate as members scatter away to form and join other groups. However, one such group in Kitui has graduated from a merry-go-round initiative to an agri-business project whose returns are helping the women greatly.

Advancement The metamorphosis of Tungutu Women’s Group, formed 15 years ago, has been phenomenal. Its gradual change has seen the membership grow from strength to strength and the women can only look forward to a brighter future. The group, based in Tungutu village, Kyangwithya West location, Kitui County was started in 1996 by 64 women with the sole purpose of providing social and financial support to members through merry-go-rounds. The group’s secretary, Ms Mary Makasa says they later organised themselves into a formidable group. “We later enhanced our work to include provision of water services to the village through water kiosks,” explains Makasa. The water business became an instant booming venture and before long, the women were reaping handsome profits. “Buying household items and paying school fees was no longer the Herculean task it used to be. Our venture was paying off,” says Makasa. The women opened a bank account where they would deposit their savings every month. As their bank balance ballooned, the women could not sleep on their laurels but were motivated to want to make more income generating investments. Makasa explains: “Through our savings, we were able to construct a social hall that now gives

us KSh6,000 per year. We consider this to be a remarkable income since it adds to whatever else we get from other initiatives.” The turn around for the group happened in June 2010 when they received a farmers’ kit from the Israel Embassy through Amiran Kenya, an Israeli supported organisation. The embassy also donated greenhouse materials giving them a strong head start into agribusiness. The kit that consists of a water tank, pipes, fertilizers, seeds and chemicals helped the women to go full blast into farming. After the kit successfully installed, they planted their first crops which included tomatoes, sukuma wiki (kales) and spinach. However because of teething problems, half of the expected produce was not realised due to infections and unreliable water supply. Having learnt from their mistakes, they nevertheless, harvested tomatoes worth Members of the Tungutu Women’s Group have come a long way from a mere merry go round KSh29,000 and kales KSh7,000. Despite this group to an entrepreneurship. Picture: Nzinga Muasya. Picture: Kenyan Woman Correspondent small setback, the women did not give up. They ploughed back their returns to the busipoverty from your households.” go the training to teach others the same technolness, this time wiser. The envoy said that the same technology ogy so that it can trickle down to many farmers,” Makasa says that they have made a tidy sum was widely practiced in Israel making the desert urged Nzuki. in profits that has enabled them build more greencountry a hub that exports food and fruits. He He said that they are working with farmers houses. The group has also drilled a borehole to observed that the initiative was geared towards in Yatta, Vihiga, Kibwezi, Mwingi and Kitui disprovide constant water for their crops. empowering the women economically as well as tricts as well as parts of Nyanza. “We now have piped water and expect to eradicating extreme poverty in line with United While thanking the Israeli ambassador for have yields amounting to KSh72,000 every two Nations Millennium Development Goals. the donation of greenhouses and the farmmonths,” explains Makasa. This amounts to “Women are good managers and when they ers’ kit, Makasa, said that the gesture was a life KSh432,000 per year. are economically empowered, the society would changing initiative that has created a steady inbe more stable,” asserted Keidar. come for the women. Impact The envoy reiterated that with changing She says: “This income will enable us build at global climatic conditions, water harvesting for Sustainability least one greenhouse per year hence our returns irrigation farming was the way to go in order to “It is a sustainable form of employment for will keep increasing,” alleviate food shortages. us and we are very grateful,” she said. Israeli ambassador to Kenya, Mr Jacob KeiMr Christopher Nzuki, the Amiran Kenya The group membership now stands at 39 after dar recently visited the farmers to officially in- projects manager said that the farmers’ kit is augurate the greenhouses where he praised the a complete solution to food security as it is all they lost seven members through natural attrition women for their undying zeal and hard work. inclusive. He said that the kit consists of pipes while the rest are elderly and no longer active. Makasa says that the group has embarked Keidar said that greenhouses were making a for drip irrigation, a knapsack sprayer, water positive impact to the farmers and appealed to the tank, fertilizers, seeds and chemicals to prevent on manufacturing of detergents that raises women to be consistent with the farming technol- pests and infections. The organisation also offers KSh96,000 annually. ogy to lift themselves from the yolks of poverty. training to farmers. Without a doubt Tungutu Women Group is Keidar noted: “Greenhouse farming is very Nzuki observed that the Amiran Kenya going places and its potential is akin to an active economical as it involves less labour with high policy was to revamp irrigation farming in the volcano. The sky can only be the limit for these yields. It is a sure way of kicking hunger and country. “I am appealing to farmers who under- dedicated women.

Nothing surpasses the joy of being self employed …By Karani Kelvin

very year, the world commemorates the International Workers’ Day also known as May Day on May 1. Workers and their unions commemorate this day with organised street parades that include music bands.

Work conditions While most Kenyans continue to benefit from the presence of trade unions, many others wallow in unemployment because of poor work policies. Those who have not benefited from formal employment have ended up in self employment by starting their own businesses. Ms Lydia Rono, 28, a trader in Kesses Market in Eldoret East Constituency, Uasin Gishu County, is one of the many Kenyan woman who through sheer determination have gone into self employment by starting their own businesses. Rono, who is popularly known as Mama Mitchell, is the sole proprietor of a shop that deals in second hand clothes. She dropped out of school in Form Two and started a kiosk business by the roadside with a capital of KSh5,000. This she had pulled together from savings and contribution from friends.

She would later break and move to the shop which she now runs. By the time she was moving into the shop she had a capital of KSh15,000 which came from her savings. Having not completed her secondary schooling, Mama Mitchell did not contemplate any other form of employment. She, therefore, put all her energies into selling second hand clothes. The motivation of getting into business was to assist the husband with the home budget and also to attain some degree of financial independence.

Credit To keep the business afloat she spends KSh40,000 in stock and trips to Nairobi. Not sure of what it would take to get credit from the bank, Rono has therefore not turned to loans to run her business. “Starting a business is not as easy as most people would think. I had to save for three years before I could open this place,” she says. Before moving into her current location, Rono sold second hand clothes from a makeshift stall by the roadside where she suffered from the adverse effects of weather for being in the open. Initially, Rono was a housewife but after staying at home for some time, the mother of two decided to venture

into business to augment the money her husband was bringing home. She started small but realised that to break even she need more space that would attract a bigger number of customers. She decided to save more money as she contemplated her next move. With time she saved enough money and moved to a bigger space. Today, the space she thought was big is still not conducive and she requires a much bigger place to sale clothes. “However, I am not moving from this place. I want to increase my stock and grow a strong base,” she says. There are other challenges Rono is facing which include getting her stock from Nairobi between the months of August to December and from Eldoret town during the other times of the year. Looking at the problems she goes

“Starting a business is not as easy as most people would think. I had to save for three years before I could open this place.” — Lydia Rono, Businesswoman

Lydia Rono a busnesswoman in Kesses Market in Eldoret East constituency. Pictures: Karani Kelvin

through throughout the year, she says that sometimes the profit is never enough and she has to rely on her husband to provide for her and therefore straining their budget. “But that is not all, I also have to manage the business as well as the home and it is not an easy thing,” she says. Looking at what she gets at the end of her sales, Rono notes that the challenges are worth her effort and not necessarily a problem. “Selling second hand clothes has helped me do a lot of things for my-

self and my family. It has also given me some financial independence and I do not have to ask my husband for everything,” she observes. While she has dreams of opening a bigger shop and dealing in more goods, she is contented at the moment. Running a personal business is encouraging as it gives one an independence that lacks with employment. Rono is appealing to women in and out of employment that they can also start their own businesses in groups or as individuals.

Issue Number 17 • May 2011

Tough task ahead for women from western Kenya

…By Dennis Lumiti

he advent of the new constitution ushered in a new era in virtually all spheres of Kenyans. However, the most outstanding so far are political reforms, which have seen the creation of new portfolios and offices and consequently attracting a great number that will seek to occupy them come the next General Election. The four counties of the current Western Province are awash with political alignments and realignments with an ever increasing number of people declaring interest in the senator, governor, deputy governor, MP and County representative which are among the key positions created in the new laws.

Political interest However, one thing stands out clearly is the fact that very few women have expressed interest in any of the top county positions in the Kakamega, Busia, Vihiga and Bungoma counties. By the time of writing this article, only one woman had gone public about her intention to vie for the Bungoma governor’s seat. Even so, many feel her chances are remote. A university don, Prof Reginalda Wanyonyi is so far the only known woman in the race for the governor of Bungoma County. She will have to contend with close to ten men, some of who are the current movers Bungoma politics. It is not the first time Wanyonyi is seeking an elective position. She made an attempt for the Kimilili parliamentary seat and was the talk of 2007 in the larger Western Province due to her charisma and development record. However, the way she lost the Ford-Kenya nominations to the current MP Dr David Esseli Simiyu remains controversial and questionable. While Simiyu had the support of the area’s political godfathers, Wanyonyi concentrated on issues and ideologies, which endeared her to the electorate. However, she never made it at the nominations.

Politian Eugene Wamalwa addresses a crowd at a rally. (Inset) Julia Ojiambo one of the few women leaders in Western Kenya. Picture: Kenyan Woman Correspondent

Empowerment Western Province is one of the regions in Kenya that boast of dubious credentials as far as women political empowerment is concerned. Stereotypes against women leadership in politics still abound, although the problem does not exist in academics. Many of the women who seek leadership positions are highly educated compared to their male counterparts, but they still do not make it in Parliament. There is no woman representative in the 24 constituencies nor is there a single one nominated woman MP from the Province. The scenario is not any better in the local authorities where women councillors, mostly nominated, make up less than 15 per cent. Ikolomani Constituency that has a by-election in the offing does not have even a single woman is eyeing the seat. Women aspiring for leadership positions have largely been relegated to the periphery as male aspirants battle for their votes. The constituency has five elected and two nominated councillors, both men. The situation is no different in the other constituencies. Only two women have ever made it to Parliament since independence. This is Dr Julia Ojiambo in Funyula in the 1970s and Prof Christine Mango in Butula (2002-2007). Prof Ruth Oniang’o was the KANU nominated MP from 2002 to 2007 but even with her robust development record in Butere she would not make it in 2007. Her decision to vie reportedly even nearly broke up her family. And not that these women’s stints ended due to their wanting development, but because the locals felt “they were now too tired of being led by a woman”. Ojiambo and Mango also worked extra hard compared to their male counterparts to make it. They also had to rely on the goodwill of the male folk to succeed.

Ojiambo’s attempts to recapture the seat have been fruitless. Her being the ODM-Kenya presidential candidate running-mate to Kalonzo Musyoka in 2007 did not help matters. But where is the problem? Is it only to do with archaic stereotypes or that woman from the area are not just aggressive enough to fight for political leadership positions? Or are the women their own worst enemies? “Generally we have a women leadership apathy in Western Province. The situation varies from county to county but there is a lot to be covered. To me the problem is because of the traditions which have bogged down women. Many still believe politics belongs to the men,”

says Dr Collins Matemba, a professor at Masinde Muliro University. He explains: “The electorate cannot be blamed because in many constituencies no woman has ever vied for a parliamentary seat. So the voters will ask, ‘do you want us to drag them into politics and vote for them’?” The few women eyeing various leadership positions say they are ready to take the bulls by the horns and launch aggressive campaigns to ensure they are not left out in 2012. Some of the top women political figures in the province include Ojiambo, Mango, Wanyonyi, Oniang’o, Alice Kirambi who is the Secretary of the Maendeleo Ya Wanawake Organization, Ms Happy Gloria who is now engaged in civil society organisations matters in mainly Busia and Prof Norah Olembo, a renowned university don.

Frustrations Each of the women has a story to tell. Some have kept off politics for a while because of the challenges they faced. Very few younger women are coming up to take over their places. “In 2007 when I declared my interest in the Sabatia parliamentary seat, I became an instant enemy of some of my male counterparts who used all their energies to malign me,” says Alice Kirambi. “I was harassed and frustrated and

“Generally we have a women leadership apathy in Western Province. The situation varies from county to county but there is a lot to be covered. To me the problem is because of the traditions which have bogged down women. Many still believe politics belongs to the men.” — Dr Collins Matemba, a professor at Masinde Muliro University.

had to move from one party to another in search of a nomination because all of them had been warned against sponsoring me. I was treated like a leper.” Kirambi who is famed for her social, economic empowerment initiatives in the area through her organisation, Christian Partners Development Association (CPDA) was eventually accepted by the then just-formed, New Ford-Kenya party which was seeking for candidates for various seats. Her campaigns were frustrated but she managed to sustain her race up to the ballot where she finished in the third position. Her memories are fresh and she has not yet opened up on which political position she will be vying. Oniang’o’s development record in Butere speaks for itself. She is remembered for fighting poverty by donating a cow to nearly every homestead among other development initiatives. This was even before she expressed an interest in the parliamentary seat. However, even these development initiatives never helped her. Oniang’o was constantly being reminded that “she was only a wife and mother in Butere” and that she should go back to her parent’s home in Lurambi Constituency to vie there. “As women we still have a long way to go in politics in our province. Our people need civic education to be convinced that women can make even better political leaders. Women should also believe in themselves and their fellow women because that is where the trouble begins,” says Oniang’o who presses on with her development record even after the 2007 experience. Planning Minister Wycliffe Ambetsa Oparanya who retained the Butere parliamentary seat in the last polls is now one of the leading contenders for the Kakamega County governor’s seat. However, Oniang’o is yet to even think of taking advantage of the move to have another try due to what she went through in 2007.

Issue Number 17 • May 2011

Discriminatory culture renders women squatters

…By Robby Ngojhi

n the tiny Lukuka Village, Mbale location, Taita Taveta County, Mama Ajabu lives the life of a squatter despite the family owning large tracts of land. The mother of two was married about a decade ago but has never had a chance to till the family farm, a stone throw away from her doorstep, for reasons only known to her in-laws. “I have never benefited from this shamba since I got married about nine years ago because I’m not allowed to,” says the 37-year-old woman. Before she got married, Mama Ajabu worked for a firm at the Export Processing Zone in Mombasa. With the thought that agriculture might be better paying, she decided to quit her job with the hope that she would to do some farming at home.

Farming “I wanted to do serious farming at home because I realised that this shamba has a great agricultural potential and could change my life if I worked on it seriously,” says Mama Ajabu. She explains: “It is very fertile land which lies beside a spring. All kinds of vegetables can do well here. However, my plans were shuttered the day I arrived home from Mombasa.” According to Mama Ajabu, it was her mother-in-law (name withheld) who told her blatantly not to dare do any farming activity on the family land without her consent. “At first I thought she was kidding because by then I was not familiar with her, but as time went by it dawned on me that she meant every word since she kept on repeating it time and again as planting seasons came and went,” recalls the visibly sad woman. Sources familiar with the family say the said the mother in law is known to be domineering and has not been happy with the relationship between Mama Ajabu and her son who ekes out a living doing odd jobs in Mombasa. Owing to fear of being victimized, the woman has been trying to resolve their family conflicts quietly at home without following the law. “Although I understand that I have a right to this shamba, I am afraid if I take any legal action,

I might plunge myself into more problems,” says Mama Ajabu. “We are trying to discuss the matter at home. I believe we shall come to a resolution,” she told the Reject recently. This situation has left Mama Ajabu a pauper, a consequence this has forced her to keep going around the village every season ‘borrowing’ land from neighbours to do subsistence farming for her upkeep.

Discrimination “Although I have been married for almost 10 years I am living at the mercy of my neighbours and well-wishers. If one morning they decide to say enough is enough then it might be the end for me,” she says. Mama Ajabu depends on a government programme known as food for assets which involves doing some communal activities and getting food items such as maize flour, beans and a few cartons of cooking oil as payment. Lydia Mwacharo, the chairperson of Maendeleo ya Wanawake in Taveta district explains Mama Ajabu’s story is perhaps a tip of the iceberg. “When it comes to matters of land ownership among local residents, the culture of gender discrimination is predominant in Taveta. There are very few women who have a say over land here but most of us do as our husbands or in-laws say,” observes Mwacharo. She says most single mothers in the area have no authority over land at their family home because according to culture women are not allowed to inherit family land. Although an impressive number of women in the region voted for the new Constitution, very few of them are aware that laws pertaining to land in Kenya have changed vastly to their advantage. Voi Town Mayor, Ms Anisa Hope Mwakio says it is important that local leaders embark on serious civic education to shed some light on the new Constitution to residents especially women at the grassroots level. “Most of us voted for the new Constitution not because we understood its content, but because we were desperate for change. Even though we were given free copies of both English and Swahili version of the new

Women in Taita Taveta working on a farm. Many women in this region do not have rights to access land and are living as squatters. Picture: Robbi Ngojhi

“During the referendum campaign we were told that the new Constitution empowers women. It is high time we start asking ourselves, where is the change we voted for? It is obvious we cannot get the answer unless we understand what the document contains.” — Anisa Mwakio Voi Town Mayor

Constitution, we did not bother to go through it to understand what it contained for us. After the referendum we used the Katiba as fuel to light jikos or as papers to wrap our maandazi,” Mwakio explains. She reiterates: “During the referendum campaign we were told that the new Constitution empowers women. It is high time we start asking ourselves, where is the change we voted for? It is obvious we cannot get the answer unless we understand what the document contains.”

Promises The same sentiments were echoed elsewhere by Dr Naomi Shabaan, Minister for Gender and Social Development who is also Taveta MP. The minister urged women to realise their strength. During a women’s leaders’ meeting in Wundanyi town Shabaan said: “You need to keep your eyes wide open because it is now or never. The issue of being promised about tomorrow which never comes is now outdated.” Chapter five of the new Constitution states that land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable in accordance with the following principle, equitable access to land … elimination of gender discrimination in law, customs and practices related to land and property in land.

Lessons from Middle East for the Kenyan woman …By Karani Kelvin

his is an interesting time in Africa as what many view as a wave of revolution sweeps through the continent with some likening it to an “African renaissance”. We have witnessed, this far, the ousting of two authoritarian regimes. It started with Tunisia when its people, especially the young who lack employment, took to the streets to demand the resignation of President Zine El Abidine Ben Ali. It did not take much time before the wave swept across Egypt, uprooting the people from their homes and planting them in the streets of Cairo completely catching President Hosni Mubarak by surprise. This wave transcended Egypt and started sweeping across the Middle East in countries like Yemen, Jordan, Pakistan and Iran. In Africa, Algeria and Libya seem to be looking forward to revolutions of their own. Worthy of note is the commonality of the issues at hand. The people are expressing discontent to virtually similar issues. They are complain-

ing of unemployment, inflated food prices, corruption, suppression of the freedom of speech and other political freedoms. The important thing to note from these occurrences is the power that comes with unity. Through non-violent means, people are saying to regimes that have failed them to pack and go.

Controversy Back at home, there was a lot of controversy surrounding the appointment of four key officials. On one hand, there was debate as to whether there were consultations before the appointments. On the other hand, we saw women taking to the streets to demand gender parity in the appointment of public officers. We shall return to this shortly. Allow me to borrow from history and draw particularly from the French Revolution of 1789. This led to the fall of the French Monarchy and feudalism and the replacement of it by a radical democratic regime. The social reforms that resulted brought about equal citizenship rights and granting of inalienable rights to the

people. These changes, it suffices to add, were brought about by liberal minded political groups and masses on the streets. The active participation of women in this revolution as seen in the “women’s march on Versailles” on October 5, 1789 is of particular importance. Harsh economic conditions characterised especially by the shortages of bread inspired this move, coupled with increasing poverty. Women, in the then French nation as elsewhere on the globe, did not have equal citizenship rights with men. The march on Versailles, therefore, acquired symbolic proportions and was read as such. It marked a formal entry of women from the private sphere (the home), in which they had been relegated to by patriarchy, into the public sphere which was understood to be the domain of men. The question that now begs for an answer is this: what lesson is there to learn from these revolutions? We clearly see that there is power in unity. These revolutions are testament to the fact that when people come together, for the common good, noth-

ing can stand against them; nothing can stop them from achieving their mission. If we do agree that unity among the oppressed leads to their redemption, let us understand the political change of guard symbolically. Our societies are structured in ways that discriminate women, the young and poor. Of more importance to us in this article is the symbolic relevance of the political upheavals to women in our societies.

Tensions Before the revolutions, the two leaders from Tunisia and Egypt were considered to be authoritarian and those who opposed them did so at a very great cost. Currently, tension is rising in other countries including Algeria, Yemen and Libya. Having witnessed others, they too believe that it is possible for them to change things in their own lands. And this is the lesson the Kenyan women must appreciate. That for them to fully partake of what the constitution rightfully declares as theirs,

they must come together to share ideas on how best their interests will be taken care of. Coming together alone may not bear much but unity founded on hope is what is needed, it is the reason for the change of guard in North Africa. Often times, and ethical egoists propound so, people always seeks that which serves their own interests. Once this has been achieved they forget others who are still out in the rain. And the folly of this, Martin Nimoeller points out is that when those who have now succeeded are faced with problems, they always realise that they are alone and have no one fighting for them. In one of his celebrated poems, the persona talks of a time in Germany when the fascist regime came for communists, Catholics, etc and he did not speak out against the injustices. When the authoritarian regime finally hunts him down, he realises albeit too late that there is no left around who can fight for him. The challenge, therefore, is to the Kenyan woman: will she join hands with others or fight alone?

Issue Number 17 • May 2011

…By Joyce Chimbi

Women bear effects of poor water services

s poverty continues to take a female face, lack of access to water and basic sanitation continues to weigh heavily on women. This is more evident in those who live in slums and struggle to find the KSh10 needed for five litres of water. Water is, therefore, a crisis for women and children who continue to bear the burden of collecting it and ensuring that it sustains the day to day needs of the family. This is even more difficult in areas where they have to walk for many kilometres in the search for the life sustaining commodity.

Reports According to UN reports, across the world but most especially in Africa “girls drop out of school either because they have to help fetch water or because there are no adequate sanitary facilities in schools. Millions of school days are lost as a result.” As a series of short and long rains continue to fuel the water crisis, and with taps running dry, Nairobi residents have shifted to borehole water as source of the commodity. However, this too is proving to be inadequate and Nairobi residents have been eagerly awaiting a report from the Meteorological Department on the weather patterns and the annual rainfall. According to the Director of Meteorological Department, Dr Joseph Mukabana, heavy rainfall is expected soon, but not much rain has been forecast. This prediction comes after the short rains fell below the expected level fuelling the existing water crisis in the city.

Solutions It is against this backdrop that this year’s World Water Day was expected to come with solutions that would help reduce the impact of severe climatic change that has affected many homes. “We are here today to dialogue about water, this precious resource and look for solutions to the persistent climactic changes. This is in addition to the challenges of urbanisation,” said Ms Edna Molena, South Africa’s Minister for Environment and Water Affairs. She was speaking at the global celebrations to mark the World Water Day held in Cape Town, South Africa. Speaker after speaker at the event alluded to the rapidly growing urban population and the lack of capacity in most cities across Africa to sufficiently respond to the situation. This is especially key in light of

the feminisation of access to water and sanitation, “often, the responsibility to ensure that the household has sufficient water for the basics of day to day lies solely on women,” explains Hellen Njogu, a resident of Nairobi. Her comments were echoed by speakers at the conference who emphasised that various water reports particularly in Africa reveal that challenges of access to water and sanitation are rarely cited by male respondents as a priority while women will first and foremost allude to these challenges before moving to other sectors like health. In the slums for instance, long water queues are dominated by women and children. This notwithstanding, the concept of gender and water access as well as supply has not permeated the water health and sanitation approach and discourse. The forum, therefore, called for a renewed and more strategic response to the lack of water and sanitation in many homes without losing focus of the gender dimension to the entire discourse.

Poor planning “Due to poor planning and management by water officials in Nairobi, many homes have to contend with having water twice a week,” observed Mr Johnstone Kimathi, a water consultant. “City Council has come up with ways of ensuring that the water reaches many people by opening their pipes in the wee hours of the night when people are too sleepy to exploit the opportunity and will only fetch what they need to meet the basics needs,” remarked Ms Nancy Turi, a resident of Nairobi’s eastland locality. It is the women and children who have to wake up during these obscene hours to collect the water in containers. If they do not then they miss work or school as the commodity remains a priority. The issue of poor planning by the various municipalities and City Council came into sharp focus during the forum in Cape Town and sadly reflects the challenges that Nairobi residents have to deal with on a daily basis. According to the recently released national census results, Kenya’s population is growing by one million per year yet in a town like Nairobi that is the capital city, water supply, sanita-

A woman from West Pokot with containers for water. Women and girls bear the burden of looking for water Picture: Kenyan Woman Correspondent

tion and transport remains the biggest challenge. Further, rural urban migration is to blame for the rapid increase of an estimated three million people making it the largest city in East Africa. “Although the name Nairobi is derived from a Maasai word enkare nyirobi, which loosely translates into ‘a place with cool waters’ and for many years has been popularly referred to by Kenyans as ‘the green city in the sun’ these phrases however are slowly becoming rather ironic,” explained Ms Cecilia Tande, an environmentalist. With harsh climatic conditions, coupled with a growing population that has resulted to an increase in multi-storey buildings, the city continues to face severe water problems. Nairobi has a shortfall of 120,000 housing units needed annually and this has necessitated the mushrooming of many houses that has created a

“We are here today to dialogue about water, this precious resource and look for solutions to the persistent climactic changes. This is in addition to the challenges of urbanisation.” — Ms Edna Molena, South Africa’s Minister for Environment and Water Affairs speaking at the global celebrations to mark the World Water Day held in South Africa

surge in demand for water. “In order to respond to the demand for housing, many flats are at least five floors high and the City Council has continued to claim that most of them have interfered with the water infrastructure making it difficult for them to expand the water pipes to meet the demand,” explained Kimathi. According Stella Kabura, a business woman who runs a web-based information resource on various issues in Kenya, the City Council has also failed to effectively collect water revenues that can be used to expand the available water infrastructure. “The deterioration in piped water supplies is exacerbated by the longterm financial crisis of the municipal water system which is unable to collect bills on illegal water tapping and is, therefore, unable to maintain its infrastructure without revenue,” Kabura noted.

Management Seeing lack of management in water resources, many developers and home owners have resorted to sinking boreholes, an activity that has contributed to the disappearance of the water table. Kabura notes that Karengacha Borehole Company, which has been supplying city residents with water

since 2002 from two boreholes in the Nairobi basin, reports that where their electric pumps used to draw 11 cubic metres of water an hour, they now can only draw eight cubic metres an hour. “They now have to run the pumps for fewer hours to maintain supplies,” reiterates Kabura. Although the Meteorological Department predicts that rain will soon start in many parts of the country, they have indicated that it will be unevenly distributed with dry spells in between rainy days. However, even in the event that the rains do fall, the country still lacks sufficient capacity to harvest the rains. Water experts at the meeting observed that the Nairobi water problem could only be solved by adoption of water harvesting technology from the tall buildings and also sinking of more dams. They noted that a water harvesting programme from the residential houses also needs to be put in place to help boost supply in the city. Nairobi is yet to adopt an integrated approach to respond to the water and sanitation crisis. However, for better planning and effective service provision, the relevant ministries need to adjust their policies to include water harvesting.

Executive Director: Rosemary Okello-Orlale Editorial Director:

Arthur Okwemba

Managing Editor:

Jane Godia

Sub-Editors:

Duncan Mboya, Joyce Chimbi

Contributors:

Ryan Mathenge, Shaban Makokha, Faith Muiruri, Musa Radoli, Joyce Chimbi, Wanjiku Mwaura, Odhiambo Orlale, Samwel Kipsang, Omondi Gwengi, Mercy Mumo, Ajanga Khayesi, Macharia Mwangi, Nzinga Muasya, Karani Kevin, Denis Lumiti, Robby Ngojhi

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

Design & layout:

Noel Lumbama and Bernadette Muliru (Noel Creative Media Ltd)

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