Kenyan Woman Issue 24 by African Woman & Child Feature Service

Issue Number 24 •Februar y 2012

Issue Number 24 • January 2012

No longer business as usual

Can women of Kenya use their numerical strength to redefine Political Parties? …By Rosemary Okello and Jane Godia

ecently scores of Kenya women gathered at the Bomas of Kenya to not only launch the Kenya Women’s National Charter, but to also welcome the new dawn in political leadership considering the country is already in an election mood. This is a defining year for the Kenyan woman both at political and decision-making level and also through the implementation of the Constitution of Kenya 2010 where

they hope to realise their rights. While Political Parties are supposed to have women within their rank and file as per the dictates of the new Constitution, what was significant at the conference is the fact that they were not represented. It is paramount that Political Parties tell women how they plan to work with them. Since none of them attended the conference, it was a clear indication that parties are yet to make a clear link between the women’s vote and the

need for unequivocal policies and practices aimed at achieving gender equality. This is not withstanding that women are majority of the supporters of most political parties in Kenya. The launch of the National Charter should, therefore, be a wake-up call for majority of women who aspire to make their presence felt within the political Women delegates attending the launch of the Kenya National Charter. The Charter parties. is set to guide women politicians on how to make their presence felt within the political parties. Pictures: Kenyan Woman Correspondent. Continued on page 4

EDITORIAL

Time for women to develop a reading culture

general saying that does rounds among the literate is that women are very poor in reading. As a matter of fact, it is said that women do not read at all. However, this time, as the country is headed for the General Elections within the new constitutional dispensation, it is important that women read. The women have three main documents that they must familiarise themselves with especially if they are aspiring for Political and decision making positions. These are the Constitution of Kenya 2010, the electoral Code of Conduct and the political Parties Act.

These are the documents that will make women traverse the political terrain with ease as well as understand their rights within political parties and the general elections. The new law gives women a slate that will make their chances of sailing through to the elective and nomination positions easy. However it will not work out well if women are not well versed with these documents. This is why it is important that women read the three documents and understand each and every clause. Consequently, it will make them become aware of opportunities and also make them understand where they will be getting a

raw deal especially from political parties and male opponents. Already there have been talks that women will not be able to meet that one third principle of the same gender as entrenched in the constitution. With this, men are calling for amendment of the Constitution. However, many women may not understand the implications of this unless they have read it and understood the legal implications. This means therefore, that women will have to read the three documents and also have legal and constitutional experts elaborate to them the contents in simple layman’s language. It is unfortunate that women are

not as well read as men and have lower levels of schooling. This is especially true of women who have been involved in political activism and who can withstand the game of politics. The women who are well read as seen as the type that ends up going for technical jobs and avoiding the murky field of politics. Irrelevant of their level of education, the new law stipulates the standard of schooling that one needs to have attained for every political position that will be contested. This is a challenge especially to women who do not have the level of education that is demanded for the gov-

ernor position. This means that many women pay be left out of taking up this position that will include management of county governments. However, for women to make in the new political dispensation, they must make sure that they read not only the three said documents, but they must also read other books, newspapers and magazines.,. The women must pay attention to local, national and international news to know what is going on around them. They must struggle to read the daily newspapers, listen to radio and TV as well as be part of general discussions of what is going on in the country.

Issue Number 24 • January 2012

Women face barriers in the coming elections

…By Shamala Khamala

hile the next general elections will offer more spaces for women to elective position, they are likely to face daunting challenges in their campaign. Some of the problems likely to affect their ascension to political office include lack of funding, violence during campaigns and fighting against prominent men. According to an official with the Independent Electoral and boundaries Commission (IEBC) there is need for concerted effort by all stakeholders to address the barriers which will then set women free for vying for various positions as enshrined in the new Constitution. Speaking in Kitale during an IEBC women aspirants’ workshop, Anne Nderitu IIEC manager for partnership and director of voter education said in some places women cannot support one of their own due to cultural bias.

Culture “I regret that even women themselves in other areas cannot support their own due to culture and this issue must also be addressed,” observed Nderitu. She reiterated that the IIEC is building the women’s understanding of the constitutional elective seats and violence mitigation during campaigns. Nderitu pointed out the need by the Government and other stakeholders to organise country wide civic education on the Constitution reiterating

that many people are still not conversant with new laws despite part of it being implemented. Among the women aspiring for seats in the coming elections who also attended the meeting are Christine Soita and Elizabeth Nyongesa who are vying for Trans Nzoia Women representative and Orie Rogo Manduli who is aspiring for area Senator. They all praised the IIEC for carrying out the capacity building workshop.

Security “We are happy that we were educated on issues of security that women have been assured by the new constitution,” said Soita. She added: “Women had been really marginalized.” Nyongesa recommended for the provision of such civic education in future saying women are eagerly waiting to be empowered politically. Rogo noted that it was unfortunate that men had already started to campaign in Trans Nzoia ahead of women adding that that women must strive to reach where the men are. She called on women to support the parties they belonged to strongly pointing out that those who may not be elected directly can get a chance to be nominated in their various political parties. “In Trans Nzoia, there will be a big number of women vying for various within political parties due to civic education and the support of the Constitution,” observed Manduli.

Martha Karua addressing a political rally. Karua will contest the presidency in the coming elections. Picture: KenyanWoman Correspondent.

Women, poverty and the politics of second-hand underwear

…By Nyaradzayi Gumbonzvanda

t has been a sad week for many people in Zimbabwe as the issue of underwear became a public policy issue. The poor, mostly women have become so poor, that the country had to regulate the importation of second hand underwear.

Discussion In our culture and social life, underpants are the single piece of cloth that is associated with protecting the dignity of womanhood or manhood. Now, that cloth is a subject of public discussion because of poverty, extreme poverty; and some misplaced policy priorities.

While it is in order for government to protect the health of its citizens; what the country needs at this moment is a real revitalisation of the economy and the stability of the nation. Citizens, men and women simply want a decent job, a reasonable income, some possibility to run their own projects. They want to raise enough money to send their children to school; access basic health care and the ability to buy decent, new and comfortable underwear.

Innovation Possibly, this should be a wakeup call for the nation to innovate and be creative, revitalise and recapitalise the textile industry. At the minimum,

Despite awareness violence against women remains high …By Martha Nyambura

new survey puts a dent on the progress on the fight against Gender Based Violence (GBV) in the country, with the report stating that the cases have remained constant in the last three years despite increased awareness. The findings show that four out of 10 women in the country continue to face some form of gender based violence in their life as was the case three years ago. Although perception on GBV has changed over time this has not translated into behaviour change, noted lead researcher and sociologist John Njoka of the Institute of Development Studies at the University of Nairobi. The findings show that 92 percent of Kenyans agree that GBV is not acceptable with six percent believing it to be acceptable in certain circumstances while two percent say it is okay.

Perception The study came towards the end of last year in the culmination of 16 days of activism against gender based violence. The last study conducted by the Kenya Demographic Health Survey (KDHS) in 2008/2009 looked at GBV at the domestic level. However, the new national baseline study by the Ministry of Gender, Children and Social Development looked at all forms of GBV from the household level to the work place and market areas in 25 districts in the eight provinces in the country. “The respondents from the survey

were mainly young people aged 2039 years with many having completed their fourth form, meaning GBV is an open subject for them compared to older respondents,” noted Njoka. The findings indicated that wife, husband and child battery were the three main forms of physical violence in all the provinces, with the highest cases of abuse meted on women. However, the number of men and boys abused was not as clear due to the culture of silence and embarrassment.

Baterry Coast Province had the highest incidences of wife battery while in Eastern Province the districts of Machakos and Isiolo led with the number of cases. In North Eastern wife battery is pegged to culture, where women equate GBV with love. According to the report, in Samburu, rape is rampant to the extent that woman or young girls offer themselves to warriors at the roadside by putting down whatever they are doing because even if she doesn’t do it they will still rape her. Information from Central Province shows that 40 percent of girls and women aged between 12-24 lose their virginity by force. Rape cases were reported throughout the country, but in Nairobi marital rape was more common. “Although the country has legislation in place such as the Sexual Offences Act of 2006 and the Female Genital Mutilation Act (FGM) of 2011, Kenya is yet to enact bills such as the Family

Protection, Marriage, Matrimonial and Property bills,” notes Prof Collette Suda, Secretary for Gender, Children and Social Development. Suda noted that enacting of these bills would go a long way in realisation of Millennium Development Goal (MDG) on women’s empowerment and gender equality. She added that there was need to look at the patterns and reasons that lead to GBV in order to find preventive measure against this violation. The report also sought to come up with a policy for work place gender based violence for the Gender Ministry to address GBV issues at the work place and to act as a guide for other ministries to adopt or create their own policies. The report found that junior and younger workers were more exposed to GBV at the workplace than their older counterparts. A disparity in remunerations among senior and junior employees was also seen as a factor that fuels GBV at the workplace.

Factor A senior employee in Kenya earns 118:1 more than a junior officer, while their counterparts in Uganda and Tanzania earn 25 to 20 more respectively. This may force junior employees to tolerate GBV in exchange for favours. The report sought to look at creative ways of reporting GBV at the workplace; since at times the victims were forced to report to the perpetrator who in most cases is their supervisor.

we should be a nation that can sew its own underwear! I am convinced if well done, manufacturing priorities will definitely harness the needs of those at the receiving end. Perhaps there is need for those in authority to revisit the notion of citizenry in tandem with dignity. If anything, the country should be investing in basic social and economic rights especially in the restoration of its citizens’ dignity. *This article was first published in the website of the Rozaria Memorial Trust. *Nyaradzayi Gumbonzvanda is the founder and chairperson of Rozaria Memorial Trust, and currently serves as General Secretary of the World YWCA.

Professionals start partnership to boost food security

…By Ken Ndambu group of professional women in agriculture has started a partnership with rural women to address food insecurity and combat the effects of climate change in the country. Kenya Professional Association of Women in Agriculture and Environment (KEPAWAE) is targeting women in the arid and semi arid lands (ASALs) where the impact of food insecurity is severe. According to Dr Mercy Gichora, the organisation’s chairperson, the association was empowering the rural women for long-term approaches on how to deal with famine in their localities.

Famine

“Some effects of climate change include droughts which lead to famine and has adverse effects on rural Kenyan women,” explained Gichora. She added: “We are establishing linkages with rural women’s groups to empower them by starting projects that will improve food security.” She noted that with changes in weather patterns across the country, disasters like droughts cannot be avoided but reiterated that they should not always result in famine which can adequately be avoided. The professional women drawn from all over the country met recently at South Eastern University College (SEUCO) in Kitui during a symposium to discuss issues affecting rural women and the girl child.

They interrogated how they could uplift their standards of living. “Our focus is on disasters occasioned by effects of climate change that affect the rural women most. About 80 percent of Africa’s food is produced by women yet they are the most affected by drought and famine,” explained Gichora. She added: “We have clear strategic plans and long term goals to address these issues for the benefit of rural Kenya women.”

Grants

The association was helping rural women start income generating activities such as dairy goat rearing, fruit farming, tree nurseries as well as financially supporting education of poor girls through grants. Gichora noted that more than 600 girls had benefited from education grants since the organisation’s inception in 1995 with support from Ford Foundation and Kenya Community Development Foundation. According to Elizabeth Wambugu, the association’s chairperson in Central Province, KEPAWAE was partnering with SEUCO which focuses on dry land agriculture to develop programmes aimed at addressing food insecurity in arid and semi arid regions in the country. Wambugu observed that the rural woman bears the greatest burden of climate change effects adding that the organisation was advising communities in arid areas to grow drought resistant and early maturing crops.

Dr Naomi Shaban Her journey to a prolific political career Issue Number 24 • January 2012

…By Benson Mwanga

ender, Children and Social Development Services Minister Naomi Shaban has indeed come a long way from the little girl who had to learn how to make ugali for her siblings at the tender age while her grand parents were away working on pieces of leased land in Taveta district, TaitaTaveta County. Her widowed mother was away working in a printing firm in Nairobi as she looked at her two sisters and a brother in Taveta. She had the responsibility of taking care of her siblings since her grand parents were out most of the time. Dr Shaban says despite her chores, she would find time to study. Her grandmother was firm about hard work and discouraged her not waste time playing with her classmates. “Due to poverty, my mother had to move to Nairobi to look for a job. My father had died and we had to relocate from Mombasa to Taveta to live with my grandparents,” says the Taveta MP. Being the first born in a family of four, Shaban says she realised early enough that education was the only way out of the poverty that had adversely affected her family. She however says she had a difficult choice to make as her grand parents wanted her to attend madrasa to facilitate Islamic learning and on the other hand she wanted to attend primary education as the only way to succeed in life. She says her mother came to her rescue but it was a difficult situation because she was under the care of her grand parents.

Excell Her resolve to succeed in school was intensified further when she visited her mother to Nairobi. “I found my mother working as an errand girl and everybody ordering her around,” narrates Shaaban who says this fuelled her determination to excel in school. At Mahoo Primary School, she led her in class every end of term and her performance was the envy of the older boys. “I was a bright girl emerging top of my class every end term and everybody in the village envied my sterling performance,” says the Minister. After sitting for her Certificate of Primary Education examination in 1975, she scored 30 points out of the possible 36 points and joined Bura Girls High School. Shaban says her journey to success begun she enrolled in standard one at Mahoo Primary school in her Taveta constituency. “I was happy with my grandparents that despite many chores at home, they helped in shaping my destiny,” she said. It turned out that school fees was another problem and her mother was depending on loans from her place of work and after deductions and domestic needs, she hardly had any money for anything else. She says her helpful mother would turn to her brothersin-law for assistance.

Dentist After passing her O level, the Minister joined Butere Girls in Western Province for her A levels in 1981 and was later admitted to the University of Nairobi to study dental surgery. Initially, her teachers wanted her to study medicine but her uncle convinced her that dental was the best course hence the decision to take it. After graduating with a degree in dental surgery in 1988, she did her internship at Kenyatta National Hospital. She was later posted to Kajiado District. “I wanted to work in other communities so that I could get knowledge of people from other backgrounds,” she says explaining how she ended up in Kajiado on her first posting. Shaaban worked in Kajiado until 1995 when she resigned to engage in private practice. From the time she was working she was involved in development activities at home and also took interest in girl child education, placement in colleges and securing jobs for them. All this time, she never had political ambitions. It was until some women from her Taveta community approached

and convinced her to join politics. She says due to her involvement in development activities in the area, the women had identified her as the right person to be an MP even though her mother was against the idea. “The women eventually convinced me to vie for the seat then held by former MP Basil Criticos,” she added. Politics exposed the minister to the extra huddles women politicians have to contend with.

Rebelled In the 2001 by-elections, the PNU MP had a difficult time convincing the local council of elders (Njama) to contest for the seat. Perturbed by their behaviour, the no-nonsense politician defied the elders’ channeled through her mother asking her to drop her parliamentary bid in favour of a man. “I simply rebelled against this cultural bias against women and went ahead with my ambitions of becoming an MP,” she says. Shaaban says she was appalled by this traditional belief that a woman should not aspire to positions of leadership. It was with her mother’s blessings and the other women’s assurance that they would back her that Shaaban decided to plung into politics to battle it out with men. Her chance to plunge into elective politics came after Criticos left the country in 2001 the following year and the seat was subsequently declared vacant. Shaban says though she was not ready, her supporters convinced her that it was the best opportunity to test the waters in the byelection. However, the council of elders would not allow her to vie for the Parliamentary seat due to restrictive cultural beliefs against women at that time. Shaban describes the beliefs as outdated, retrogressive and counterproductive to women

“It is now time that ancient cultural values are avoided to give equal education opportunities to both boys and girls,” — Naomi Shaban

Hon. Shaban blames lack of empowerment for women’s rise to leadership positions. Picture: KenyanWoman Correspondent.

seeking elective positions in the community. She said she was denied a Kanu nomination after the council of elders sent a delegation to the party headquarters in Nairobi to restrain the party from nominating her. “I was bitter with the elder’s decision but I decided to soldier on with my quest,” she said. The MP said she approached the former Vice President and Ford Kenya National chairman the late Michael Wamalwa who granted her a certificate to participate in the by-election. She however managed to come third in the competitive race won by Jackson Mwalulu of the Democratic Party formally in which President Kibaki was chairman. The legislator says she had to battle it out with the elders to leave women to try their luck in politics. By the time the 2002 general elections were called, she had done her ground work well and she easily romped home on a Kanu ticket. Shaban retained her seat in the 2007 elections and was subsequently appointed to the cabinet by President Kibaki, becoming the first woman from the Coast region to become a minister. The MP who is a close ally to Deputy Prime Minister and Minister for Finance Uhuru Kenyatta also served as Special Programmes Minister. The Kanu MP who is also the party’s national assistant Treasurer suffered under archaic laws from her community in her constituency is now a successful woman.

Satisfaction Asked how she felt when she beat seven men in the race in two consecutive terms, Shaaban said in every competition there is a winner and loser. “I have a lot of satisfaction that Taveta people have confidence in me and that is why they had given me a second chance to represent them in Parliament,” she said. She said women could serve this nation just like men do but some cultural practices were hindering their efforts to ascend to power. “It is now time that ancient cultural values are avoided to give equal education opportunities to both boys and girls,” she said. While encouraging more women to vie for political positions in future, Shaban challenged them to start campaign-

ing early enough. “Lack of empowerment has discouraged a number of women to fight for leadership positions with men. But we are encouraging them that politics is not a preserve of men,” she said. Shaban says she was faced with the task of finding a lasting solution to the squatter thorny issue and perennial flooding menace, persistent human wildlife conflict and improving poor road infrastructure in the area among others. He says the government has bought about 15000 acres of land to be distributed to the landless soon. She said a feasibility study has also been conducted on how to control recurrent cross-border floods in the area. The minister says she would ensure the provision of clean drinking water for domestic and irrigation to improve food security, education for all, easy access to health facilities, rural electrification to all villages to all her constituents.

Market Other issues she said she would tackle include market access for agricultural produce to local farmers, security and establishment of settlement schemes to benefit the locals. At the same time the minister said she will strive to empower her constituents’ economically by making use of locally available resources to improve their well-being. Farmers, she said would be boosted to improve their agricultural activities in the area to sustain themselves. Some of the projects she initiated and completed geared towards fighting poverty include Njoro Kubwa irrigation canal, revival of Lake Jipe rehabilitation project, Ngutuni rural electrification project and HIV/Aids projects among others. The minister who last year campaigned against the new Constitution because she claimed it marginalised her community attributes her success to her mother who had always encouraged working hard in life. “I thank God for the life of my people and honour bestowed on me to serve them. God has chosen all of us to be a blessing to one another,” she concludes saying she will defend her parliamentary seat in the 2012 General Elections.

Issue Number 24 • January 2012

Terrain rough for disabled women with political ambitions

…By Joyce Chimbi

he establishment of the Ministry of Gender and Social Development has been a milestone in the country. This is in spite of the fact that the Ministry has had to prove that it was not just another women’s organisation outfit. There have been critical processes which begun under this docket and which are meant to improve the plight of the minority and disadvantaged in the country. This is reflected by the formulation of various interventions to reach out to those in the society who may not be in a position to access socioeconomic opportunities key to their development.

Policy Some of these interventions have included the setting up of a Women and Youth fund and a persistent push for gender equality policy in all sectors of the economy. The constitution entrenches for equality of all groups including disabled persons in elective and nominative positions so they are not left out as a disadvantaged group. Even so, it is the call for a census to establish the number of persons with disabilities and the nature of disabilities that has further proved that this is not a ministry to fight for women and children issues only as had been previously perceived. This call had been initiated by the former Minister for the ministry, Esther Murugi, in an effort to mainstream the issue of disability in the country.

“People living with disability face all sorts of discrimination, we are discriminated at job interviews, in schools, everyday is a battle to remain positive in the face of a world that is too bent on dismissing those among us that do not meet the standard of what is normal,” observes Mishi Juma, a community leader from the Coast. It is even worse for those with political ambitions, “I have been dismissed even before being given an opportunity to speak. First, for just being a woman and then for being a woman who is not physically fit,” explains Kanini Mugambi, an aspiring politician from Eastern Kenya. In deed the country is yet to see a disabled woman in Parliament. “Going by the kind of violence meted on women politicians in the 2007 general elections, many women with disabilities nurturing political ambitions might feel threatened because their mobility is limited and may not run in case

there is a scuffle as is usually the case,” notes Juma. This is in spite of the fact that Kenya is one of the few countries in Africa with a Disability Act in place. “The Act stipulates the rights of the disabled including the right to rehabilitation in order for them to achieve equalisation of opportunities,” explained Murugi. She further explained: “Kenya is being considered for an ambassadorial position by the African Decade for Persons with Disabilities secretariat based in South Africa due to its efforts to promote issues affecting people living with disability.”

Problems

Within this financial year, the Government had committed itself to setting aside a KSh200 million fund that would go into addressing problems faced by people living with disability. At the time of establishing the fund, Murugi said fund was a good beginning. She was optimistic that it could be doubled in the next financial year to enable persons living with disabilities to access funding for entrepreneurship as was the case with the Women and Youth funds. “Although this might be the case, most physical amenities in the country lack suitable infrastructure to assist people with disability while moving around,” notes Juma. This is in spite of the fact the Dis“Irrespective of our ability Act as well as the Constituconditions let us rise up tion, demands that all persons living disabilities are entitled to ‘reaand seek political offices.” with sonable access to all places, public — Hamisa Zaja, disabled woman transport and information’.

Physically challenged women at a past women’s meeting. Diasbled women face challenges in getting into mainstream politics. Picture: KenyanWoman Correspondent.

The call for a census to be undertaken among persons living with disability was, therefore, an expression of the Government’s commitment to improving the plight of the physically challenged. The new Constitution reiterates: “The State shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities.” It is imperative that the Government in conjunction with state corporations working in identifying targets to establish a disability committee that will be mandated with the task of developing a disability mainstreaming strategy. The strategy will not only ensure that people with disability are not discriminated in public places, but that they are also provided with the services that other Kenyans access. Although there are clearly legal frameworks currently in place to protect and promote the rights of the

disabled, including other policy guidelines awaiting Cabinet’s approval, there is need for the legal system to work in collaboration with the society. “This is because it is the same society that hides children born with disability from the world denying them an opportunity to grow together with others and by the time they are exposed to the society, the culture shock is too overwhelming,” explained Hamisa Zaja, chair of disabled groups at the Coast.

Shy In light of the devolved system of government, Zaja further urged disabled women not to shy away from politics and to present themselves to the electorate when the opportunity presented itself. In the meantime, she called for leaders to sensitise the public on the need to create an environment that is friendly for the disabled to pursue the same opportunities that other Kenyans have been able to pursue, particularly in the political arena.

No longer business as usual Continued from page 1

Even though women have adopted a wait and see attitude with the political parties since the Political Parties Act came to force in Kenya, the women need to start articulating their needs collectively. Political Parties chiefs also need to start feeling the collective political muscle that women have. “The challenge many women are facing is the male dominated party hierarchies and women voters and party members need to reshape the agenda,” says Deborah Okumu, Executive Director of Caucus for Women Leadership. Even though women are enthusiastic about the opportunities they have thanks to the Constitution of Kenya 2010 (COK 210) it was evident at the Bomas conference that majority are sceptical on how the Political Parties Act will ensure that Kenya does not go into a constitutional crisis due to non-compliant of Article 81(b) of the new law.

Agenda Parties with a majority are currently involved in country-wide recruitment and membership drive but not even one single party has come out to state clearly their gender agenda and how they will achieve the one-third affirmative action principle within party and national politics to enhance women’s participation in political arena. Commenting on the role of Political Parties in enhancing women’s political participation, Lucy Ndung’u, Registrar of Political Parties, noted that the Constitution has brought a new spirit in the way Kenya should be governed as it reiterates how people are sovereign. “Political parties are bound by Article 10 which speaks on National Values and Principles

of Governance since they are also institutions of governance,” explains Ndung’u. She is categorical that it is up to political parties to mobilise members and carry-out advocacy and mainstream gender within their policy to ensure that women are elected so that the country can realise the not more than twothirds gender principle. “It is only the political parties’ that can ensure this principle so that Kenya does not go into a constitutional crisis,” observed Ndung’u.

Barrier In the past violence has been a barrier to women’s participation in politics. According to Njeri Kababeri of the Centre of MultiParty Democracy, Political Parties Act spells out severe punishment on a political party, candidate or member who will go against this clause. “Currently the law protects women and, therefore, women need to join political parties to ensure that they are part of the governance structure,” reiterated Kabeberi. Under Article 30 within the Political Parties Act, women are guaranteed their political rights. Other salient features are in Article 91 which sets out characteristics of political par-

ties which are; Political Parties must uphold national unity, and according to Ndung’u they should also promote gender equality and equity. “If they don’t, they will be diluting the Constitution.” The Code of Conduct which shall govern the Political Parties in Kenya sets out activities which the parties must adhere to and one of them is the rights of women which is articulated within the Electoral code of conduct. If the regulation, both as stipulated with the Constitution and Political Parties Act is followed correctly, it will ensure that any political party which has not met the gender principle will be de-registered.

Policy The code of conduct also requires that each political party develops a constitution and has policies in place which will ensure that they know how the money is spent. However, addressing women at the National Women Leaders Platform for action conference, Kabeberi advised women to make sure that they are registered in political parties that were vibrant. “Do not go to a dying party unless you are politically strong,” said Kabeberi. She urged: “it

“Political parties are bound by Article 10 which speaks on National Values and Principles of Governance since they are also institutions of governance,” — Lucy Ndung’u, Registrar of Political parties

would be good to join a party that is strong in your region as then your chances of being elected remain high.” She indicated that women are the ones who will make the one third affirmative action threshold within parties but only if they get registered as members. Observed Kabeberi: “A party cannot be registered if it does not have the not more than two thirds gender rule. This, therefore, gives women a greater chance to participate in parties.” She also advised women to avoid going as independent candidates if they intend to contest. Her sentiments were echoed by Rina Liech from the office of the Registrar of Political parties. Liech reiterated the need for aspiring women politicians to familiarise themselves with the Political parties Act, the Elections Act and the Constitution.

Constitution She said women must be in the know that political parties are transiting from the old registration to comply with the Constitution. She spelt out the new Political parties rules that included terms for party registration, nomination of party candidates. “Political parties must submit membership list to the registrar three months before elections,” noted Liech. She urged women who are in civil service to pay particular attention to the rules pertaining to their cadre. Article 15 of the Political Parties Act spells out terms for civil servants that prohibit or allow them to be involved in political activities. Public officers are barred from forming political parties or engaging in political party activities that may jeopardise their positions as civil servants.

Issue Number 24 • January 2012

Women’s Charter launched to help implement enacted laws …By Carolyne Oyugi

omen have launched a document that they hope will help them traverse the political terrain as the country heads into the General Elections. The document launched at the National Women Leadership Platform for Action 2012, is known as the Kenya Women’s National Charter. This Charter was launched at the women’s conference and had the theme Mwamko Mpya Uongozi Bora. It will help advocate for women’s rights in the country. Through the Charter, the women demand for the implementations of all the laws enacted prohibiting retrogressive harmful cultural practices such as Female genital Mutilation (FGM), Gender Based Violence and forced wife inheritance among other practices.

Charter The Charter recognises and is determined to ensure that the rights of women are secured, promoted realised and protected in order to enable women enjoy fully all their human rights and social justice. In this instance, the women also demand for enforcement of the Sexual Offence Act (2006) and the immediate release of the Sexual Offence Task Force report to facilitate the implementation of the Sexual Offences Act. They further call for the strengthening and training of paralegals at community level, on the implementation of the Sexual Offences Act, strengthening partnerships between media, advocacy groups and individual women and use of vernacular radio stations to publicise the law. According to Daisy Amdany, Executive Director Community Advocacy and Awareness Trust-(CRAWN Trust) the process has taken a very slow pace simply because majority of the victims are women. “Had it been a man’s issue we would not be talking about it today because it would have been resolved long ago,” noted Amdany. The women who were drawn from the 47 Counties demand for the allocation of adequate budget to enable the National Gender Equality Commission (NGEC) to enhance its capacity to monitor, evaluate and ensure stiff sanctions are meted to all those who engage or support harmful cultural practices in order to eradicate them. With the rise in the number of reported cases of violence against women, the Kenyan women demand that the Government establishes adequate safe space shelters for the protection of women who are at risk of being subjected to harmful practices or all other forms of violence, abuse and intolerance.

Responsibilities Through the National Charter, the women are also demanding for equality in marriage and family. This should also include equitable sharing of domestic responsibilities, resources and decision making powers as well as information in regard to the management of the household based on the principles of partnership and mutual respect in marriage. Speaking to the women at the conference, Water and Irrigation Minister Charity Ngilu observed that

it is one thing to be submissive in the marriage and respect your husband and another thing to let him abuse your space in the marriage. “Women put a lot of effort in their marriage and this should be recognised by being engaging them fully in areas revolving around family property,” noted Ngilu. The women further demand that the Government, the NGEC, women leaders as well as gender and human rights organisations ensure the passage of the Marriage Bill into law including full and effective implementation once passed. The Charter calls for women be equally represented and be allowed to participate in the selection of the Judiciary, the magistrates, all tribunals, traditional courts and all other institutions for dispensing justice, as well as dispute resolution mechanisms at community level.

Rights They want the realisation of the socio-economic rights under the Constitution of Kenya (2010). The Charter states: “We note that, whereas Article 43 provides for economic and social rights, it is Article 21 (2) that imposes an obligation on both the Legislature and Executive to take legislative, policy and other measures, including the setting of standards to achieve the progressive realisation of the rights guaranteed under Article 43.” Within the National Charter, the women demand that the National Budget Policy be overhauled to establish a 60 percent development budget and 40 percent re-current budget to free resources to be allocated towards the full realisation of social economic rights that will ensure that no person should be allowed to die due to lack of food, medical care, standard shelter, water and sanitation and women are given free maternity care. The women are also not satisfied with the three months maternity leave and two weeks paternity leave that is currently provided by the labour laws. They believe that this period is too short given the vulnerability of infants who require special care at that stage of their lives. They are also concerned that these laws are not being applied in

social practice. For these reasons, they demand that this period be extended to six months maternity leave and one month paternity leave. The women representatives, majority of whom are political aspirants demand that the Government complies with the provisions and timelines set by the UN Millennium Development Goals and the national Vision 2030, in respect to attainment of universal literacy among women; and attainment of set targets in promoting education and training for women at all in disciplines, particularly in the fields of science and technology. In the list of their demands Women displaying copies of the Charter. Below is a section of members of is the devolution of the National parliament attending a session in the August House. Council for Persons with DisPicture: KenyanWoman Correspondent. abilities to the County levels. They call for the estableadership and ensure that all leaders ership and to demand for their rights. lishment of National Disabil“The Charter is very clear and we ity mechanisms on health, education, demonstrate understanding, commitment and engagement with the should use it as our second Bible or employment and protection. They call for the immediate pay- issues of access agenda setting and second Constitution,” Nzomo said. She noted that women have alment of monthly money to all women accountability in public leadership. According to Grace Mbugua, Exec- ways been good leaders and though above the age of 65 and the substantive support to elderly women caring utive Director Women’s Empowerment they are few, whatever they touched for orphaned and vulnerable children Link, it has been a long and tiresome has never been the same. Nzomo recalled the late Prof Wanand people living with HIV and Aids journey hence the need for the docuby providing financial, psychological ment that covers all women in Kenya gari Maathai and Dr Pheobe Asiyo as and makes them speak one language. being some great women who have and institutional support. “This Charter will help us be bet- helped change Kenya in their own As major stakeholders both as leaders and individual citizens, they ter women, women who know and small way. With this Charter, she noted, womas women bear the primary and most understand what we want, why we important responsibility of upholding want it when we want it. It will make en expect a revolution, big changes in the principles, the Resolutions and us go places and excel as leaders of this Kenya and a long list of women of honours. the Action Plan outlined in the Kenya country,” explained Mbugua. She urged the women delegates Women’s National Charter and holdto read the Charter and circulate it so ing all others accountable. that it enables many women know its The event was graced by many contents and enjoy the benefits. women who are currently in politics The, women, thereby committed and those who were once in politics. themselves to jealously guard and upThey shared their experiences in hold the Constitution and resist any “Apart from the women represen- politics and how they have managed attempt to violate it, especially in re- tatives, all positions are competitive to win seats. Those who are experts spect to women’s rights in general; and and so we need to contest for those in law also explained the parts of the transformational leadership upheld in ones too. Let it not be said that we Constitution that they can use in their Chapter 6 of the Constitution 2010 on came to Bomas of Kenya, launched political journey. leadership integrity. the Charter and went back to sleep The women who attended the Finally, they also committed them- .The men will not sit down and watch event were also taken through much selves to transformative leadership in us go for the seats and so we have to training that included: how to packthe realisation of the commitments and prove that we are equal to the task,” age themselves as women political resolutions made under the Charter. Mbugua advised the women. aspirants, the challenges they should The women leaders also underLaunching the Charter, Professor expect and how to overcome them, took to uphold and promote the ba- Maria Nzomo, advised women to use how to build community networks sic values and goals of transformative it effectively as a guide to good lead- and how to engage with the media.

Politics

Uphold

Competitive

Issue Number 24 • January 2012

Women leaders led by Hon. Rachel Shabesh and Hon. Millie Odhiambo in a discussion after KEWOPA meeting. Picture: KenyanWoman Correspondent.

Parliamentary association expedites national cohesion …By Odhiambo Orlale

he National Cohesion and Integration Commission need not look far for role models to promote patriotism and nationhood. Members of the Kenya Women’s Parliamentary Association (KEWOPA) are ready to lead the way by walking the talk, literally. Some of the 22 members of Kewopa, led by their chair person, Jebii Kilimo, who is also an Assistant minister Cooperatives Development, are already promoting those national values in their homes as well as at political forums and rallies. There are those who are in mixed marriages and have vied and won parliamentary seats in their parents’ home country despite the odds in this male dominated and ethnic entrenched society. However, there are others who are married to foreigners and have blended the international culture into their relations. Addressing over 1,000 women delegates at the recently held National Women Leaders’ Platform for Action conference, Nominated MP Sofia Abdi, singled out some of her colleagues who have walked the tight rope and used their ethnicity or marital status to their advantage.

Challenges The women who are currently in Parliament faced the usual challenges that confront women politicians and were able to overcome them and win seats. Kilimo, who is the MP for Marakwet East, moved the delegates to tears narrating how her male rivals ensured that she was rigged out at party nomination stage even before she started campaigning for the coveted seat. She noted that despite the harassment, she did not relent and defected to a little known party, KENDA, which she used to successfully vie for

the Marakwet East seat in a region that was riding the wave of another party. “As a woman, you are discriminated against in many ways and unless you are resilient and ready to make sacrifices you will not succeed,” Kilimo told the delegates. Wavinya Ndeti, who is married to a man who is not Kenyan triumphed over 17 male rivals for the Kathiani Constituency in Machakos County. She used every trick in and out of the book to overcome those who tried to block her from contesting starting from the party nomination stage.

History Ndeti, who is also an Assistant Minister for Sports, switched to the little known Chama Cha Uzalendo, and was declared the victor to make history as the first women to be elected MP in Machakos County. Today, Ndeti aspires to be the Governor of Machakos County saying she believes that she is up to the task and time has come for her to seek a bigger seat. Another political heavy weight in Nairobi County is Elizabeth Ongoro, who romped to victory in one of the most crowded parliamentary races in the country for the Kasarani seat

by trouncing 32 other rivals, who included six women. Ongoro, who is an Assistant Minister in the Ministry of Nairobi Metropolitan development was a chief executive officer of a private company with over 1,000 employees, before she plunged into politics. Ongoro now has her eyes on the Nairobi County senate seat and says she is confident that she will capture the seat no matter the odds against her. “I was 33 years when I joined politics and I was never intimated by the violence that was unleashed against me and my supporters,” Ongoro told delegates at the Conference. She added: “The huge funds used by rivals did not deter me because I was focused and steadfast in my resolve to be an MP.” According to Cecily Mbarire, MP for Runyenjes, the women’s vote is the most reliable unlike that of the youth and the men because it is dependable and consistent.

very well and ensure you map out your constituency into strong, hostile Speaking on women’s leadership and social cultural dynamics, Nominated MP Millie Odhiambo, advised the budding politicians that knowledge is power and they must ensure that they were armed with a copy of the new Constitution, the Political Parties Act and Elections Act. Odhiambo noted that cultural practices which had been used to suppress women’s leadership qualities had been overtaken by events. However, she advised women leaders to take cognisance of the environment they were operating on and respect the traditions that were progressive.

Impact

Said Odhiambo: “If you want to make an impact and to be successful, you must promote issue-based politics, network effectively, remain relevant and manage your time very well by making room for your family, business and creator.” On the other hand, the delegates were reminded that politics in Kenya is still a dirty game. “Politics is about perception so never attend Addressing the forum, chairperson of the Woma public rally alone, tag your supporters along,” en’s Shadow Parliament Monica Amolo, used advised Mbarire who is also Tourism Assistant her experience to illustrate that it is not easy for Minister. She added: “You must know your rival women in the political terrain. Amolo narrated how she was “beaten thoroughly” by her rival’s supporters during the last elections. To add insults to injury, she recalled, her name was deleted “I was 33 years when I joined politics five days after it was published and I was never intimated by the violence in the Kenya Gazette as the MP for Ndhiwa Constituency in a that was unleashed against me and my controversial manner despite her supporters. “Even the huge funds used protests! “Immediately I was declared by rivals did not deter me because I was the winner in the 2007 polls, my focused and steadfast in my resolve to be a rural home was torched and two women who were sleeping there legislator.” escaped death by a whisker,” said — Elizabeth Ongoro, Assistant Minister, Amolo, who was recently elected as Nairobi Metropolitan Homa Bay County ODM treasurer.

Perception

Issue Number 24 • January 2012

Crisis looms if gender parity is not achieved

…By Duncan Mboyah

n August 2010, through a referendum vote, Kenyans approved a new Constitution that incorporated various recommendations aimed at promoting gender equity and equality in the country. The document, referred as the new Constitution firmly entrenches affirmative action and, therefore, gives women room through slotted seats to vie for political office. Article 27 (8) sets the maximum gender threshold and explicitly states that “no more than two thirds of the members of elective and appointive bodies shall be of the same gender”. This article lays the ground for equitable representation of men and women in all elective and appointive bodies, county governments and constitutional commissions among other institutions. However, there are those who see that the institution set up to entrench affirmative action may not meet the threshold. According to the Chairman of Constitutional Implementation Committee (CIC) Charles Nyachae, the affirmative action provision may not be met in the coming elections making it difficult for some elective bodies such as Senate or Parliament not be instituted. Addressing the National Women’s Leadership Platform for Action 2012, Nyachae noted that once numbers of genders are not met as per the new Constitution, such bodies shall not start operations until they are properly constituted.

Crisis “It is necessary to avert this impending constitutional crisis that could bring State operations to a halt should the result of the General Election contravene the Constitution. There would be obviously no National Assembly to approve Government expenditures and other operations would collapse,” reiterated Nyachae. However, he cautioned that the Constitution should never be amended without involving members of the public adding that doing so would go against the new law. “Attempts by CIC and other stakeholders to translate article (27:8) and (81 (b) in a bid to solve the problem have failed to come up with a solution,” disclosed Nyachae. He noted that the Constitution has given out seats to both gender and, therefore, there is need to step up civic education to enlighten the popu-

lation on this matter. Even though the provisions are very clear for both genders, the requirement that all aspiring candidates have an academic qualification is likely to erect another road block for most women in certain parts of the country. Echoing Nyachae’s sentiments, Hamisa Zaja, Chairperson of Coast Disabled Association (CDA) noted that despite the Constitution promoting gender equality, there are areas that are not going to benefit. “The Constitution is in favour of both genThe women delegates ders this time around but women from the Coast and its environs may not benefit given that ma(Above) attending jority of them are in politics but not educated,” National Women’s noted Zaja. Leadership Conference She observed that disabled women are the laying strategy for most disadvantaged since majority are un- capturing parliamentary schooled and this may cause a big problem while seats in the next election. filling positions that have been reserved for them Below is a view of the in the new Constitution. Parliament building.

Seats

However Zaja is pleased with the allocation of seats to disabled people adding that days when politicians used them during campaigns are now a closed chapter. “Politicians and political parties previously used and dumped us, but not any more under this constitution,” she reiterated. The Constitution has created chances for women to contest seats for Senate, Member of Parliament, Governor, Women’s Representatives as well as to be nominated in parliamentary and civic seats. Daisy Amdany, Executive Director at Community Advocacy and Awareness Trust (CRAWN), called on women to join the political parties and seek seats within those parties adding that it is through their contributions in various parties that they will ensure them nominations. To enable women meet the gender equality as stipulated in the Bill of Rights so as to preempt situations of violations of the Constitution, women leaders must step up civic education to help explain these clauses to women in different parts of the country. However, it must be noted that giving an equal opportunity to women, who are half the Kenyan population, is not practiced because rules and regulations do not make it possible. However, she reiterated, equal opportunity and fair consideration is important in contributing towards strong democracy and sustainable de-

Picture: KenyanWoman Correspondent.

velopment. The Regional Representative of the Ford Foundation office for Eastern Africa Maurice MakOloo decried the fact that despite being agents for change in the struggle for gender equality and part of the region’s political history long before independence, women have not been appreciated. “Today, despite the clear gains and proud achievements at the legislative level, women continue to suffer from restricted access to health care, education, political participation, cultural life, legal protection and economic opportunities,” stated MakOloo. He noted that women in Kenya are today presented with a tremendous opportunity to transform Kenya into a nation in which national values such as equality and non-discrimination as entrenched in our Constitution are at the centre of economic, social, cultural and political policies. MakOloo observed that it is the duty of all Kenyans to establish a framework for reform that includes both men and women and understand that women’s participation although important is not the ultimate one but rather a medium to achieve equality for all. “Women’s participation under a gender

equality framework is at the centre of national transformation. Our constitution provides the road map to generate the conditions for realising the full human rights and potential of both men and women from diverse backgrounds in Kenya,” he noted. MakOloo said that Ford Foundation envisions a world in which women and girls strive for growth, attain justice, can be heard and sit on decision making tables whether in the household, market, church or mosques and have access to education and health of quality. “We seek a world in which human rights becomes our daily culture and not a discourse. We envision men and women having equal rights and equal opportunities,” reiterated MakOloo. He noted that the processes to transform constitutional quotas, the election law and political parties can only be attained “if women’s participation is consistent with the strength of women in the country and their force behind our economies is reflected in the seats of public office”. He told participants to ensure that gender equality and women’s rights are the new front for public accountability and good governance.

Rough political grounds awaits women

…By Carolyne Oyugi

ven as Kenyans are pushing for the two third representation, it is very clear that political grounds are not levelled between the two genders. There are many issues that have to be solved or changed before we achieve the two thirds or get a woman comfortably elected to a political post. “There are hopes that we will achieve this given that many women have come out to contest for the available seats,” said Elizabeth Ongoro, Assistant Minister for Nairobi Metropolitan while addressing women leaders at the Bomas of Kenya. Ongoro who was speaking at a women’s national leadership conference, noted that women are disadvantaged when it comes to seeking political posts because they are discriminated upon at birth and generally looked at as passersby because they are expected to get married. Ongoro reiterated that things have not been easy for women even in marriage as the communities where they are married have always viewed them

as strangers. She revealed that she won her seat in Nairobi because she was unable to contest in Nyanza, her birth place, and Coast Province where she is married. “It is important that we choose wisely when deciding where one wants to contest because everyone wants to win,” she said.

Attention

An assistant Minister of Cooperative Development Ms. Jebii Kilimo warned women that politics is not a bed of roses. “They will be talking bad of you and especially zeroing in to your social life so as to divert attention and keep people away from supporting you,” observed Kilimo. However, she encouraged women to be wise in their actions and not to give up because at some point it is survival for the fittest. “It is interesting that people will not leave you in peace even when you have succeeded in family matters .They will want to know how many children you have, why that number and not more or less. Do not mind all these, as they

are just meant to confuse you,” advised Kilimo. Her sentiments were echoed by Charity Ngilu, Minister for Water and Irrigation who advised women to have issue based politics. “When they are busy looking for your faults and creating stories to smear your name, talk about development, education, health, human rights and employment. Talk about things that change people’s lives positively, do not fall for their tricks,” observed Ngilu. She advised women to present themselves as iron ladies when they stand to speak and the crowd will judge for themselves. The women Parliamentarians who have been there and done it offered the women, majority of whom are aspirants for the newly created positions within the new constitutional dispensation. Gender Minister Naomi Shabaan urged the women to cast their nets wide and stop relying on party nominations. She challenged the women to go for key elective posts, saying they have a

vital role to play in shaping the destiny of the country. She cited the appointment of women to key posts terming it an indication that their future is bright. “The time for the Kenyan women is now, read the Constitution and understand the avenues available for you before deciding on what post to battle for,” Shabaan advised.

Notion

The women resolved to work together and dismissed the common notion that they were their own worst enemies. The women were also advised to encourage other women and youths to take national identification and voter’s card. “That is the weapon you have and you should use it to fight bad governance in the country. You cannot say that you support so and so and yet you have no voter’s card, your views then do not count,” noted Daisy Amdany, Executive Director at Community Advocacy and Awareness Trust (CRAWN). Amdany observed that women are the majority and it is their responsibil-

ity to bring good governance in the country. A former Nairobi University lecturer Professor Maria Nzomo advised women to use the charter launched as a guide to good leadership and to demand for their rights. “The charter is very clear and we should use it as our second Bible or constitution,” noted Nzomo. She challenged women aspiring to be realistic and only contest for political seats that they can win. “We want female numbers in Parliament and Senate among other areas, so don’t just go for a seat because people think you can win. Go for one that you are comfortable with,” Nzomo advised. According legislator Wavinya Ndeti, a lot of money is involved in politics yet women are poor. It is, therefore, not wise to go for a big post that covers a big area which will eventually require a lot of money and time which one does not have. “Let’s not joke but go for a win,” advised Ndeti. The two day conference brought together women aspirants from the 47 counties in the country.

Issue Number 24 • January 2012

Guarding and sustaining the gains

It is important that women stand strong in the letter and spirit of the Constitution …By Charles Nyachae

s the only non-woman who will formally address this gathering this evening, let me begin by saluting the women of Kenya, in whose honour the Commission for the Implementation of the Constitution (CIC) is hosting this dinner tonight. It’s with great honour and humility that I stand before you today, on my own behalf and that of the CIC to make a few remarks as we celebrate the gains for women in the Constitution of Kenya 2010. I truly believe that the implementation of the gains for women is an important lens through which the overall implementation of the Constitution shall be measured. I am particularly glad that present here today are women representing all the sectors, regions and most professions of our society. I extend a special welcome to the women who have travelled from counties across the country, to be present here today, a majority of the people in this room are in a position to help steer this country towards better times where future generations shall live in an environment that is driven by the values and principles that the people of Kenya chose to put in our Constitution.

Special

I also want to thank your Excellency, Mrs Graca Machel for accepting to grace this occasion as our chief guest. I found out, in my discussions with many of the women leaders and professionals that you are very special; to the ladies of Kenya and Africa at large, they speak of you as a sister, friend, mother, mentor and colleague. The young and the old relate to you very well. You are indeed the very best that we could have selected to share with us in this celebration. The Constitution of Kenya is rightsbased and has, therefore, created a big space and great opportunities for reorganising our society to ensure that all women and men irrespective of their race, sex pregnancy, marital, health status, ethnic or social origin, colour, age. Disability, religion, conscience, belief, culture, dress, language or birth are equally included in all business of state and our society at large. The standard in article of the Constitution is very open: it is about equality, parity and inclusion of all as guiding rule in the governance of our nation. Indeed the principles of equality and equity have been repeated in every chapter of the Constitution and are key in the governance of all matters relating to representation of the people, management of the public service, the utilisation of the national resources and public finance in particular. The principle is applicable to the conduct of business by all arms of government: Executive, Judiciary and Legislature.

Culture

Two of the boldest statements in our Constitution are firstly the subjection of culture and customs to the Constitution and human rights standards in Article 2 and second, the recognition of social economic rights in Article 43. Article 2(4) of the Constitution states: “Any law including customary law that is inconsistent with this Constitution is void to the extent of the inconsistency and any act or omission in contravention of this Constitution is invalid.” The value of this provision is the

removal of the historical and classical excuses that we have used for decades (culture and customs) to deny women (wives, sisters, mother) their equal share of opportunities in society. CIC would like to acknowledge to this gathering that so far we can see efforts by implementations to try and meet the constitutional minimum gender representation quotas in terms of Article 27(8) in new appointments. Nevertheless, there is a continuing trend to institutionalise the thinking that the women five portions is only one third. There is also erroneous thinking that the ultimate goal to be achieved in gender representation is ‘not more than two thirds of either gender.”

Equality

In the understanding of CIC, this minimum is only one of the constitutionally recommended steps in the journey towards true equality. Affirmative action measures and quotas cannot be the ultimate goal in implementing the human rights principle of equality and non-discrimination, affirmative action is a step, a temporary step towards the ultimate which is equality. There is also the thinking out there that, in our view fundamentally erroneous, the two thirds affirmative ratio is meant to be achieved progressively. We would also like to point out that the constitutional reference to the term “progressive realisation” is very specific and it has been used with respect to. The progressive realisation of the socio–economic rights guaranteed under article 43: In Article 53,ensuring the progressive implementation of the principle that at least five per cent of the members of the public in elective and appointive bodies are persons with disabilities: In Article 82 it is on the progressive registration of citizens residing outside Kenya, and the progressive realisation of their rights to vote, and In Article 89 where the Independent Electoral and Boundaries Commission is mandated to progressively work towards ensuring that the number of inhabitants in each constituency and ward is, as nearly as possible, equal to the population quota.

Organisations

In view of CIC the two third a must be met in new public appointments, we recognise the need for reorganisation in institutions that did not meet the threshold before promulgation of the constitution but even these organisations must demonstrate the effort towards such review to, within an early and defined time frame, meet the constitutional threshold. Whereas the people of Kenya have remained unequivocal in their determination that the Constitution of Kenya, 2010 be implemented fully and faithfully, as you may have noticed from the events of the year 2011, there is a real danger that such full implementation may not be the agenda of all. There have been many instances when

impunity and self-interest have manifested themselves in various forms on matters relating to the implementation of the Constitution. There are those who believe that they are above the Constitution and will, therefore, select what bits to implement and what to ignore or bend to suit their circumstances. There are also those that feel that they will not worry about violations of certain constitutional provisions so long as those relating to them or convenient provisions are implemented. CIC believes that all implementers in all sectors must subordinate themselves to the supremacy of the Constitution. They must take direction from the Constitution and not from individual, political or other interests.

Power

Article 1 clearly states that all sovereign power belongs to the people of Kenya and that authority under the Constitution is delegated to Parliament and the Legislative assemblies in the county governments; the national executive and the executive structures in the county governments: and the Judiciary and independent tribunals very importantly — these organs shall “perform their functions in accordance with this constitution”. WhatshouldthewomenofKenyado even as implementers play their part? We would like to ask the women of Kenya to remain steadfast in their vigilance and also play their role in ensuring the full and faithful implementation of the Constitution. The following are some of the things that you could do: Demand respect for the letter and spirit of the constitution by implementers. In so doing, do not focus only on matters relating to positions for women. If you, by omission or commission fail to defend the Constitution or, if you support the distortion of the Constitution in any aspect: then the same fate will surely befall the issues that affect you. Step out and take up the opportunities. Apply for all the positions; encourage each other, show the country that the creation of the opportunities was long overdue.

“I am calling upon development partners to prioritise the allocation of funds to support organisations working with women.” — Charles Nyachae

Graca Machel joined Kenyan women in celebrating the enactment of the New Constitution in Kenya that has created more positions for women. Picture: KenyanWoman Correspondent

Work together to ensure inclusion of all women in the access to the benefits brought about by the Constitution of Kenya 2010. Let every woman in the country feel the value of the Constitution

Populations

On matters relating to the general election, we would like to urge those charged with responsibility to facilitate civic education; to prioritise such civic education to populations that require support to occupy spaces created by the Constitution. These include women, persons with disability, youth, minorities and other marginalised groups. CIC has been vocal on cautioning against a casual approach on the question of amendments to the constitution, support those amendments that will introduce clauses that will facilitate full implementation of Articles 27 and 81 on meeting the minimum gender proportion in the National Assembly and Senate. However, we have opposed and continue to oppose the proposal to amend the Constitution to determine the date of next general elections. That people of Kenya including the women of Kenya must remain fully aware to succumb to a conspiracy of political convenience as a basis for amending the Constitution will be to expose the Constitution in its entirety, including the gains made for women, and other traditionally disadvantaged groups, to possible systematic manipulation, that may well result in a complete reversal of those gains. CIC’s position is that if indeed there is a legitimate issue of constitutional interpretation to ascertain the date of the first general elections under the Constitution of Kenya 2010, we are confident that the courts are the correct constitutional forum to effectively resolve the issue. CIC would also like to call upon development partners to prioritise the allocation of funds to support organisations working with women and other disadvantaged populations in preparations for the next general elections. In conclusion I wish persuade the women of Kenya that the gains for women that we all acknowledge have been brought by the Constitution of Kenya, 2010 will only be guaranteed and protected if the Constitution in its entirety is respected and fully implemented: in letter and in spirit. It those

charged with the responsibility of its implementation that are continuously held to account. I suggest to you that the biggest mistake that women would make at this moment is to pursue what are perceived to be women or gender issues in the Constitution, in isolation. I submit to the women of Kenya that if you remain silent in the face of any assault on the Constitution, you encourage the efforts of those who would reverse the gains the Constitution promises the people of Kenya including the gains for women that we celebrate tonight. I submit to the women of Kenya, that yours has been a long struggle and the constitutional gains are yours by right: and you must not allow yourselves to be boxed into a corner or be blackmailed into endorsing a constitutional amendment that is contemptuous of the people of Kenya as a condition for support on an amendment that does no more than implement the clear provisions of the constitution.

Impunity

The Constitution of Kenya and the sovereignty of the people who adopted it, are assaulted when clear provisions of the Constitution, including its processes are violated with impunity. The Constitution is assaulted when those charged with the constitutional responsibility to promote, protect and uphold the rule of law and defend the public interest, become the champions of a pick and choose approach to implementation process. The Constitution of Kenya is assaulted when one arm of the Government with complete impunity, publicly demonstrates complete and utter contempt for the constitutional role and independence of another arm of government. I end where I started. We at CIC salute the women of Kenya, together celebrate the gains for women in the Constitution of Kenya, 2010: and in the discharge of our mandate: and we continue to pledge to do our outmost to ensure the full and faithful implementation of the constitution including the realisation of those gains I thank you all for listening to me. God bless you all. This speech was delivered by the chairperson Commission for Implementation of the Constitution (CIC) during the dinner to celebrate the gains for women in the Constitution of Kenya 2010 recently in Nairobi.

Issue Number 24 • January 2012

New opportunities have presented themselves for women

t gives me great pleasure to stand before you this evening as we celebrate the gains for women in the Constitution of Kenya 2010. A night such as this would have a been a mirage ten years, but today as women we can stand proud and say that we are fighting a winning battle with the promulgation of the Constitution, new opportunities have presented themselves for women in all spheres of life. It provides for equality of men and women before the law and the right to equal protection and equal benefit of the law. The Constitution also recognises that women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.

Customary

The principle of equality allows women to own property, contrary to some of our traditional customary practices: to transfer citizenship to their children: to occupy positions of leadership in public offices alongside our fellow men and to equal rights at the time of marriage, during marriage and at its dissolution. As the Deputy Chief Justice, I

…By Lady Justice Nancy Baraza

stand tall and proud to be a woman during a time such as this, in Kenya’s history. I also recognise the huge task that we have for the promise on paper to be lived in the person of every woman in this country. The efforts of such honorary women as the late Mekatilili wa Menza, the late Prof Wangari Maathai, the late Wambui Otieno, the Hon Justice (Rtd), Effie Owuor, former Members Of Parliament such as Elder Phoebe Asiyo, Grace Ogot, Josephine Sinyo who pioneered the way for women and dared to venture in what was then a foreign territory, are only but worth mentioning. This evening, I stand before you in honour of these and other such women who today make us proud to be woman in a patriarchal society.

Within the Judiciary, we are determined to honour, respect and be guided by the Constitution. In so far as representation of women in the Judiciary is concerned, we pride in the increase of women judges in the country and the increase of women judges leading different divisions in the courts around the country. This is because we recognise that as the Judiciary we have a key role to play in constitutional implementation and ensuring realisation of the principle of equality and non discrimination. The Constitution mandates the Judiciary under Article 165, to hear any question relating to the interpretation of the Constitution. We are resolved to undertake our constitutional mandate without fear or favour. We, therefore, encourage the proper

use of the courts as the avenue for constitutional enforcement. Challenges relating to access to justice are some of the problems that we face as a country: This is a challenge that particularly faces the women of Kenya impeding their ability to exercise their constitutional rights. As the Judiciary, we intend to work with other partners to ensure that access to justice is not impeded by physical proximity to courts and financial challenges.

Resolution

We welcome any thoughts on how we can effect the implementation of Article 159 of the Constitution on the use of alternative dispute resolution including reconciliation, meditation, arbitration and traditional dispute resolution mechanisms. For the first time in Kenyan history, the Constitution does recognise traditional dispute resolution mechanisms as a means of enhancing access to justice. We welcome ideas from stakeholders on how to make this a reality through tapping the positive aspects and leaving the negative aspects that are unconstitutional. As we celebrate the new opportu-

nities for women. We must play and take up particularly the leadership opportunities. We also need to work together to participate in the process of the enactment of key legislation to influence and ensure integration of the constitutional values and principals, especially those relating to gender equity. We welcome women to contribute ideas towards ongoing reforms in the judiciary, with a view towards enhancing access to justice and promoting the principle of equality and non discrimination. I also wish to encourage the men to also join in and work towards implementation of the Constitution. As I conclude allow me to thank Her Excellency Mrs Graca Machel for gracing this auspicious occasion, the CIC under the leadership of Charles Nyachae for leading us in celebrating being Kenyan women and all of us for being the brave women that we are. I wish to declare this evening that I am proud to be a Kenyan. This speech was presented by the Deputy Chief Justice at the CIC dinner on celebrating gains for women in Kenya held on Sunday December 4, 2011 at the Hotel Intercontinental.

Never again! Women vow Call for women to rise up and shine

…By Odhiambo Orlale

omen politicians have vowed to fight to the bitter end to ensure that they capture as many seats as possible in the forthcoming General Elections. Led by the 22 sitting Members of Parliament, the over 1,000 women leaders who were attending a national conference in Nairobi, resolved to take advantage of the two-thirds clause as entrenched in the new Constitution and have more of their gender take up leadership positions in the legislature and other arms of Government. They also vowed that that ‘never again’ would they be intimidated, compromised and or exposed to violence by male rivals to force them step down.

Harrasement Women’s poor performance at the party, civic, parliamentary and presidential polls was blamed on political thuggery and harassment by male rivals, which has seen some of them admitted in hospital with serious injuries. Others have had their campaign managers manhandled, threatened and or ‘bought’ by rivals in order to frustrate their efforts. The women Members of Parliament present at the meeting included Hon. Jebii Kilimo, Elizabeth Ongoro, Cecily Mbarire and Wavinya Ndeti, Sofia Abdi and Millie Odhiambo. They shared their successes and harrowing experiences at the hands of violent male colleagues during party nominations and at campaigns in the last General Elections. Earlier, Phoebe Asiyo, a former Karachuonyo MP and a pioneer woman Parliamentarian who made a name for trouncing a former Kanu national chairman, appealed to the United Nations to allocate funds to assist women aspirants run for office in order to benefit from the one

third rule as entrenched in the Constitution. Said Asiyo: “Leadership is about harnessing power between the governed and the governors, so you must each have a mission and a vision first before plunging into politics.” So far most women leaders are holding their political ambitions close to their chests. The exceptions are Gichugu MP, Martha Karua, who is eying the Presidency, while the Senate has attracted Ongoro; Ndeti is going for the Governorship while Millie Odhiambo is campaigning for the Mbita parliamentary seat. The women aspirants from all the 47 counties in the country also vowed to ensure that they fill all the elective seats reserved for women’s representatives at the County Assemblies, Parliament and Senate in addition to fielding as many women to fight it out with the men for other elective seats. Thanks to the new Constitution, for the first time in the country’s 49-year-history, women will have 47 seats reserved for one of them in every county as stated in section 97 (1) (b) . The current Parliament has 222 members who include 22 female MPs, representing 10 per cent of the total number of the law-makers in the august House. This is the highest number of elected and nominated women MPs since the country attained independence in 1963.

“Leadership is about harnessing power between the governed and the governors, so you must each have a mission and a vision first before plunging into politics.” — Phoebe Asiyo

The 22 include six Nominated MPs and five Cabinet ministers out of 42 appointed by the President and the Prime Minister to form the coalition Government, in 2008. The five MPs who are flying the flag are Hon. Charity Ngilu, Naomi Shabaan, Beth Mugo, Esther Murugi and Margaret Kamar. Mogotio MP, Prof Hellen Sambili who was initially appointed to the Cabinet was replaced by Nominated MP Musa Sirma, last year during a mini-cabinet reshuffle last year.

Numbers The numbers of women Parliamentarians in Kenya are a far cry from neighbouring Rwanda, which suffered genocide two decades ago, and now has the highest number of women in Parliament in the world at 56 per cent. While one would admire the women in Parliament for having been successful, the delegates were reminded that politics in Kenya is still a dirty game. Chairperson of the Women’s Shadow Parliament, Monica Amolo, narrated how she was ‘thoroughly beaten’ by her rival’s supporters during the last elections. Amolo says she will not be cowed by the events of 2007. She declared she will be on the ballot for the Ndhiwa parliamentary seat, reiterating that she has what it takes to sit in the august House and represent her constituents. The two-day conference was dubbed “National Women’s Leaders’ Forum for Action Programme”, and was held at Bomas of Kenya in Nairobi. It was officially opened by Gender, Sports and Social Services minister, Dr Naomi Shabaan and addressed by Ford Foundation’s regional representative, Maurice MakOloo, the UN Women’s Ursula Bahati, and the chairman of the Constitution Implementation Commission, Charles Nyachae among others.

…By Daniel Ndungu

s politicians continue bickering on the exact date and month when the national elections should be held, women should be strategising on how to win in the forthcoming General Elections. One thing that is certain, the time for electing new leaders is drawing closer with each passing day. This will be the biggest election in the country’s history and it also significantly provides women with more opportunities for them to shine in regional and national politics. This era of the new Constitution dawns on women with a big question, are you ready for it? The field of politics has a long time been considered strictly a man’s territory but now the new Constitution brings with it some goodies for women who need to be more vibrant than ever. They now need to break from the york of being men’s subject and become leaders.

Leadership Male leadership has failed many sectors, economies, nations and the world at large. Women, especially those in this country, now need to come out without fear and stand tall to be elected in the country and national governments. The Constitution provides for 47 women to be nominated in the National Assembly while 16 will be nominated in the Senate. This itself is not enough. Women need not just to be nominated. They should also go for elective positions and battle it out with men. Where women have been in leadership, progressive and notable performance has been recorded. It is not that men are not good leaders,

but women can be better if given a chance like their male counterparts to lead parastatals, government departments and ministries to name but a few of the areas that they can serve in leadership and management. It is amazing that up to this point, not many women are aspiring for the Governor seat other than a few like Wavinya Ndeti. Women should not perceive these seats as if they are a preserve for men. They should be daring like Martha Karua and Kingwa Kamenchu who have come out in the limelight saying they are going for the top seat — the Presidency.

Willingness No humiliation, verbal utterances or threats by their male counterparts should stand between them and their noble political ambitions. Let us have more women coming out and declaring their willingness to go for more powerful seats in the country and national governments. Kenyans will only rally behind them if they show their total determination and willingness. It has often been said that a woman’s enemy is the woman herself. Women this year should come out and falsify this statement. They have all it takes to take the two thirds of the seats in both houses as they know that nothing good comes in a silver platter, it has to be worked for. Quality leadership that the country thirsted for over a long time will not be by default, but as a result of hard work. The women who are our mothers, sisters, daughters will take this country the extra mile. Their quest for leadership might be perceived as unreasonable, illogical and self-centred but they should go ahead with an undeterred spirit of ‘yes we can’.

Issue Number 24 • January 2012

Diversion of aid hurting Africa’s development agenda …By Joyce Chimbi

here are significantly inspiring stories that delegates from Africa can take back home and provide insights to their respective countries on how to transform from low income countries to middle income countries. Dr John Garang’, the revered leader of South Sudan will be remembered for many things among them the acknowledgement that “women continue to be the poorest of the poor”. However, this situation might improve as lessons that came out at the Fourth and Final Aid Effectiveness Forum in Busan, South Korea trickle down to Africa’s least developed countries. Most of these countries were in a much better place than South Korea was five decades ago, but now South Korea is emerging as a solid economy presenting a new alternative for countries keen to form new partnerships for better growth.

Journey With great admiration delegates listened to President Lee, Myung Bak of Republic of South Korea during the opening ceremony as he recounted the long and bitter sweet journey that the Koreans have taken to transform into a developed country. A journey that called for people to make painful sacrifices for their nation. And it has borne fruit. He said: “The history of Korea’s economic development and democratisation is one of sweat and tears of ordinary people, who worked hard to escape poverty and dreamed of having decent lives. People often ask me what the key to Korea’s success was. Without any hesitation, I say that it was the power of education.” Lee explained: “Even when they did not have enough food to put on their tables, Korean parents sacrificed everything to educate their children. These children grew up to lead the economic development of Korea. I believe that education is the key to the

advancement of individuals, countries and the world.” Moses Dura, a delegate only hoped that Africa was listening. “Aid is a good idea. It is meant to supplement domestic resources, but in most African countries, political regimes thrive on corruption. In Kenya for instance, there have been corruption allegations in a series of key ministries such as education, water and land.” Corruption and lack of accountability at the government level in Africa is the cancer that is eating into efforts to transform these countries from low to middle income earners and to consequently make them less dependent on aid. Hillary Clinton, the US Secretary of State during the same ceremony provoked developing countries into taking responsibility and accountability for the slow pace of development. This improvement although good for all would have a life changing impact on the lives of millions of women across Africa who unfortunately continue to walk for many kilometres in search of water and firewood. Clinton noted that often money set aside for sector budgets is supposed to be supplemented by aid, unfortunately “this money is usually allocated to other areas when these countries receive funding”. Clinton’s speech was awaited with high expectations and many civil society organisations had seen this as an opportunity to make the US accountable for its role in the lack of aid effectiveness. In this regard, Clinton did acknowledge that US aid remains tied and there will not be a commitment to make it completely free. It is important to note that untied aid is a significant aspect of making aid effective. It means that all the money given as aid goes into the recipient country for development assistance. Said Clinton: “Between 2005 and 2009 we doubled the percentage of untied aid from 32 to 68 percent. We

still need a percentage of aid to remain tied in order to get political support for the budgets that we turn into aid for development assistance.” As 2015 beckons, many African countries are hard pressed to make aid work in order to achieve the Millennium Development Goals (MDGs) .These are the eight development goals launched in a 2000 United Nations summit to fight global poverty by accelerating economic and human development.

Poorest For those African countries who think it is too late to attain these goals, President Lee, Myung Bak had something to say. “When I was a child, Korea was one of the poorest countries in the world. Our per capita GDP stood at less than $100, and the country was full of people without jobs.” He observed: “However, within half a century, Korea rebuilt itself, emerging from the ashes of a devastating war and extreme poverty to a vibrant economy and democracy. I firmly believe that the Busan Forum will galvanise the world to achieve the MDGs and to make a better world for all.” Now more than ever, Africa has a great opportunity to achieve significant growth. Michael Sudarkasa who was part of the delegation from NEPAD and an expert on private sector issues said: “There are more opportunities to mobilise resources through emerging partnerships such as the China–Africa, India-Africa and even Brazil-Africa partnerships. However, Africa needs to have donors follow their countries’ development strategies while giving aid.” Noted Sudarkasa: “The private sector in Africa should also play a greater role towards achieving development targets.” He reiterated: “This sector needs to be galvanised because we still have a largely microfinance sector. Private investors coming to Africa are looking for strong private sector repre-

Hillary Clinton addressing a fourth Aid Effectiveness Forum in South Korea where delegates noted that many African countries may not achieve the Millenium Development Goals. Picture: KenyanWoman Correspondent

sentatives to form mutually beneficial partnerships.” Clinton had also made great emphasis on the importance of forging these partnerships to “help countries that are rich in natural resources escape resources curbs that make them rich in oil and gold but poor in all other ways”. She said that towards this end, US is already working with African countries such as Ghana and Tanzania and noted that Brazil is working closely with Mozambique to improve the agricultural sector since both countries

share similar soil type. Sudarkasa urged African countries to enhance the combined impact that all these opportunities for development present and to implement donor funding in a manner that acknowledges that aid is a catalyst to improve human and economic development. When the Busan forum ended amid a myriad of promises, it was the hope of many delegates that partnerships born will continue to offer many developing countries a lifeline to achieve the MDGS.

Issue Number 24 • January 2012

Help from Diaspora empowers widows

…By Peter Kings

journey of a thousand miles starts with one step, so goes a Chinese proverb, but the journey out of poverty starts with investing one coin at a time as Kabuoch widows have learnt to do over the years. When her husband died four years ago, Susan Naliaka, 47 from the remote village of Magina in Kabuoch had nothing to cast her hands on save for the many children that she had. The children besides giving her hope of another generation were also her source of worry, misery and sleepless nights. However that was before she joined Riana Widow’s Network (RWN), a community based organisation that does menial jobs to eke a living. The organisation comprised mainly of widows has proved the age old saying that being widowed is not the source of inability as they go about their daily menial jobs to provide food on the table not only for themselves but for other total orphans. Apart from empowering the women economically, the network also acts as a place from where widows share ideas on how acquire property.

Network Naliaka narrates that the network has fought to beat wife inheritance, reduce HIV/ Aids and take good care of the children as well as other orphans in the village by buying them food among other basic needs. “We started the group by ploughing other people’s land and keeping the proceeds after distributing part of the money among ourselves for survival,” explains Naliaka. She notes that the proceeds, which were subtracted from the total sum of the job, went into an informal treasury, where they were later released and used as a capital for small businesses such as fish trade among others. “We went on with the small business until when one of the native sons working in the Britain heard about us and offered us some money to boost our business,” explains Naliaka. She adds: “However, it was not enough to enable us take care of the many orphans under our care.” With a little penny at a time, the group managed to buy a sewing machine and this prompted more donors some of them locals who were in the Diaspora.

Among the donors were Emmett’s Solicitors who through native sons Rodgers Orero and Ronald Onyango managed to secure funds for the sewing machine to enable Naliaka and fellow widows eke out a living. With a sewing machine, a resource centre and a well equipped orphanage to give the women shelter from the scorching heat, it was all systems go and their dreams of bringing up a happy family were revived. Hungry faces and desperation that characterised the faces of the widows in Magina village as they went about begging for food soon changed into bounds of joy as the women made use of the sewing machine to help the many orphans under their care. Naliaka says the widows have made use of the sewing machine and resource centre to their advantage proving that the task of bringing up a family is not only a reserve for the men but women too. Apart from tailoring clothes for the orphans, the women secured contracts to make school uniforms in the nearby primary Top: Member of the network making use of the equipment that were donoted to them. Below: schools as well as other private learning institutions thereby increasing their sales volume. Mr Rodgers Orero giving gifts to orphans who are supported by the network. According to Naliaka who heads the netPicture: KenyanWoman Correspondent work, not all the sales go to the women. The culture of a penny a day is still fresh in the Currently Magina orphanage has over 100 puters and a photocopying machine to help minds of the widows with knowledge that orphans who are supported by the widows and serve the community by replacing the only they have orphans to take care of. “We take half of what is sold and the rest we some help from Riana Development Founda- typewriter where girls are trained on secretarial reserve for sustaining the orphanage since the tion Network (RDFN), a charity body founded skills. donors gave us the machines to make money in the Britain. “Many people look at the problem and how and help the orphans here,” observes Naliaka. And with the widows slowly being empowThe support from the donors though little big the numbers are and give up but for us we has enabled the women to take care of the or- are stubborn and we want to see that our or- ered, they have vowed to reduce poverty, HIV/ phans are taken care of no matter what,” ob- Aids infections and many other vices that face phans very well. widows whenever their husbands die. serves Naliaka. “Our strong unity and independence has According Rodgers Orero who coordinated the funding from the Diaspora and made our relatives respect us for caring for the “They are now able to educate donated the land, the women have done land that were left to us by our departed husexemplary work to help the orphans whose bands,” says Beatrice Achieng, one of the widtheir children and also taking ows in the network. lives were hanging in the balance. care of total orphans. Without According to an assistant Chief for Kawere “They are now able to educate their chilsub-location Simeon Ochieng the women in the dren and also taking care of total orphans. the women these children would Without the women these children would be network have safeguarded their properties and be nowhere. They would be nowhere. They would be either employed by refused widow inheritance. “They care for their families and orphans either employed by some people some people as herdsmen or they would be street urchins, none of them would even be so well without outside interference, signs that as herdsmen or they would be they use their money wisely,” he observes. in school at all,” he notes. He reveals that most women lose their propOrero says the foundation is still solicitstreet urchins, none of them ing for funds to put up a bigger project for erty because they lack the power to bargain with would even be in school at all,” the women and the orphanage. their in-laws but those who are enlightened lose — Rodgers Orero The women now plan to purchase com- nothing at all since they know their rights.

Poverty

Issue Number 24 • January 2012

Outdated beliefs leave women victims of land inheritance

…By Michael Oongo

hen Sylvia Wasike separated with her husband in 1998 and went back to her parent’s home for a place to rest her tired mind and body, little did she know that this move would only add misery to her life. Her siblings were not happy because they thought she was coming back home to take away what they thought rightfully belonged to them — their father’s land. “After we separated with my husband of eight years owing to domestic differences, I went back to my parent’s home in Kimili hoping to find refuge but met with a lot of hostilities from my brothers who wanted me out of the home at any cost,” explains Wasike in an interview with the Kenyan Woman.

Vandalised Relationship with her male siblings became so acrimonious that one day as she came back from the market place, she found the house she was staying in within the homestead vandalised and everything carted way ostensibly to force her out. Wasike recalls that even her father teamed up with boys in throwing her out of the home saying that a woman belonged to her husband’s people and not her paternal home. “After this traumatising incident, I left the home together with my two sons who were still young and headed to Uganda to try my hand in business to enable me raise them up because their father no longer bothered with the children,” she explains. However, before disagreeing with her husband, they had jointly acquired a plot at Burumba Estate in Busia town

where they had hoped to put up a. “I contributed KSh30,000 and my husband brought KSh50,000 to make it KSh80,000 which we used to pay for the plot and this was a lot of money at the time,” she notes. However, by the time they differed in 1998, the man wanted to sell the plot but she intervened by reporting the matter to the Busia District Land Board and sought to stop the sale of the plot. “The Board assured me that the plot would be placed under trust until my children attained the age of 18 years but I am now surprised that the old man who sold us the land recently told me that the plot had been sold off to someone else,” Wasike states. She initially wanted the plot registered in the name of her two sons Brian who turned 18 in 2010 and Newton Wekesa who is now 16 years old. Brian sat his Kenya Certificate of Secondary Education (KCSE) examinations last year and that is why Wasike went to check on the plot so that it could be transferred to his name when she found that it had been secretly sold to someone else. “The old man who sold the plot declined to tell me whether it was my husband who sold the plot or himself… he only told me curtly that the plot has been sold,” she narrates. Wasike’s experience and that of thousands of other women in Kenya points to the sad state of discrimination of the Kenyan woman in as far as acquisition and inheritance of land and properties are concerned. Many women have suffered untold mistreatment by their spouses, siblings and even parents because of outdated traditions and beliefs that have left

many women suffering silently without any proper channel to seek redress. It is hoped that the land reforms as entrenched in the new Constitution will enable women access to their land rights as well as property inheritance. Chapter 5 of the Constitution deals with: Land and Environment.The principles of land policy points out that land should be held, used and managed in an equitable, efficient, productive and sustainable manner in accordance with the principle. The land policy provides for equitable access to land, security of land rights, elimina-

Wasike standing next to the house she was evicted from. Picture: Micheal Oongo

tion of gender discrimination in law, custom and practices related to land and property in land. Although the women’s rights to land and property related issues are clearly enshrined in the Constitution, many still suffer discrimination on land matters because of widespread ignorance of this provision by majority Kenyans.

Opportunities

“The process of land transfers should be streamlined to conform with the Constitution since the current process is expensive women.” — Sylvia Wasike

Article 27 of Chapter 4 of the Bill of Rights states: “Men and women have rights to equal treatment including right to equal opportunities in politics, economic, cultural and social spheres, among other provisions.” It was noted that women constitute 80 percent of the agricultural labour while providing 60 percent of farmrelated income but only five percent of land in this country is jointly registered in their names. The question that is being asked by many is why women are still being discriminated against on land matters despite the provisions in the Constitution?According to the Busia County Land Registrar Hellen Kharemwa, the discrimination has

persisted because of some outdated policies on land and lack of awareness among both men and women on the provisions in the new Constitution. “What is needed is serious civic education countrywide to create awareness among the population on this issue because majority of those affected have not even read a single chapter of the Constitution,” observes Kharemwa. She says the process of land transfers should be streamlined to conform with the Constitution arguing that the current process is so protracted and expensive for the majority of women who would like to acquire land. “The Government should come up with ways that will enable women acquire land and title deeds in a transparent manner because the current system of going through the chiefs are open to corruption and abuses,” says Kharemwa. She observes: “Take for example the requirement that only the local chief should provide information about people involved in land inheritance. It will be easy for the chief to be compromised and give information about male children only at the expense of female siblings.”

Agony of being a woman evictee

…By Abisai Amugune

ary Chesoli had a happy 10-year marriage until 2006 when the ethnic turmoil in Mt. Elgon District separated her from her husband and children. Mary, a Bukusu from the larger community who had been married to a Sabaot man and had to seek refuge from her relatives in the neighbouring Trans Nzoia County, where her husband joined her. According to the Bukusu, James Chesoli her husband had betrayed his Sabaot community by marrying a Bukusu woman from a tribe that had been regarded as an enemy.

Strength The Sabaot and Bukusu communities have had long standing disputes over land ownership and political patronage resulting into wars. The Sabaots inhabiting most parts of Mt Elgon District have been placed under Bungoma County and fear being denied major seats because they have a small numerical strength. “They told me I should have married a Sabaot woman so as to increase the population of our community”, says Chesoli, now a retired chief and a permanent resident of Trans Nzoia County where they secured land. Mary’s predicament is not different from that of Joyce Ndeda who refused to be inherited by the brother of her late husband from the Luo Community. While Ndeda says that she had the freedom to marry another man for a second husband, her in-laws insisted that one of her late husband’s brothers should marry her or else she refunds the dowry. It was not until Ndeda stood firm that her inlaws decided to evict her from the matrimonial

home. And for Jane Naliaka from Endebess in Kwanza District who had been married in Uganda, her in-laws did not fancy it that with twodecades in marriage she had not yet sired a child. After applying both traditional and science to induce pregnancy, Naliaka did not see anything fruitful coming towards her side. “For Ugandans and Africans for that matter, barrenness is regarded as a curse. The more children you have, the more respect you are accorded,” explains Naliaka at father’s home in Endebess where she ran to after her in-laws forcefully introduced into her house another woman as a co-wife. “I would not have minded if the co-wife had been given a separate house. For her to have been brought into my house was a direct message I was not required there,” she notes. Naliaka’s story ran like that of Alice Nyaboke who was suspected of practicing witchcraft. Nyaboke (not her real name) had been married to a certain man in Trans Nzoia East District, the community’s serene environment had remained silent. Then residents started grumbling over outbreak of unknown diseases, death, hunger and other calamities.

Calamity This forced villagers to call a meeting to discuss the ‘curse’ that had befallen the community. At one stage, an elder said the calamities had not been experienced until after Nyaboke had been married to the community. A decision was hurriedly made that Nyaboke be ex-communicated from the community. A Kitale advocate George Wambura says witchcraft is punishable by law unlike other concepts such as inheritance, barrenness and ethnicity. “Witchcraft is a criminal offence just like a person who perfects wizardry. The witch would

have been prosecuted other than being evicted,” he explains. For Ruth Chebet’s eviction from Kiboroa forests on the slopes of Mt. Elgon more than 10 years ago has been a tale she will never forget in her lifetime.

Rhinos This is where she had stayed with her children since her husband’s death while on a hunting spree. He was mauled by marauding rhinos. The government through an eviction decree issued by former Provincial Commissioner Yusuf Haji (now Defence Minister), Chebet was not spared for the exercise. Today, Chebet is living to tell the tale since moving from her matrimonial home in Mt Elgon District. While in Mt Elgon, she could produce food from her small farm, today she purchases the stuff from markets. Unlike other women evictees who have so far sired children from other men, Chebet has lived faithfully to her former husband. “We were forced to start our marriage afresh. When we were separated, our children lost the parental care, some even had to discontinue learning,” she says. Ndeda says she did not find it necessary to get another husband after being admonished from her first marriage. “I decided to remain single. Many men today have become dependants. Who will accommodate all this?” asks Ndeda now a second-hand clothes dealer in Kapenguria, West Pokot County. According to Wambura, women’s evictions have brought into the society communal disorders including polygamous families, crimes, cheap labour, shortage of housing and high child mortality. It has also impacted on economical activi-

ties. For example, some children who moved together with their evicted mothers to urban centres have grown into full-scale criminals to earn a living. “Apart from having eroded their traditional cultures of respect, they have also become targets of cheap labour on farms and properties owned by the rich,” says Pius arap Kauka, Kitale Deputy Mayor. At Teldet and Kiboroa forests where evictions had been carried out, the farms which were being tilled by the evicted women have remained fallow. “We never destroyed trees. We used to plant potatoes alongside trees. Why would we complain of starvation while we left the land to remain fallow!” poses Chebet who now stays at Kisawai Market. The chairman of Kiboroa Self-Help Group Patrick Kisiero whose members include women evictees said the evictions had rendered many women unemployed.

Facilities “Many of them have squatted in small housing units in market centres thus posing an environmental pollution. They stay far away from water sources and health care facilities,” he notes adding it has become necessary for some of them to transfer moveable assets to the new destinations. A teacher at Top Station Primary School Gladys Mulati says adapting to a new environment for the women teacher evictees had either interfered with the pupil’s curriculum in their former schools or the take-over of the curriculum in the new stations. “The eviction will always be a stigma to women. Before the stigma slows down, the woman will have surpassed the age of economical output,” she said.

Issue Number 24 • January 2012

An oath that seeks to establish the truth discriminates against women …By Ken Ndambu

artha Mwongela weeps in front of clan elders and prays to God to take her life as she can no longer bare the problems she has been undergoing in seeking to be the administrator to her deceased husband’s land in Kitui County. Mwongela, 70 is suffering double tragedy because she was unable to bear children for her late husband. She was speaking before a clan leaders’ forum in Kyusyani market, Lower Yatta District of Kitui County on how she sold part of the land in Muvitha Village, Nthongoni Location to educate the children of her co-wife. Mwongela got married to another woman because she could not bear children but offered to sell part of her share of land to help meet education costs for her co-wife oblivious that the gesture would turn into a nightmare. She is now caught in a vicious cycle as the very children she helped have now turned against her and are now demanding that she repays the money or part with the remaining piece of land.

Helpless “I don’t know what to do as I do not have the money nor can I let the remaining piece of land to go because it is where my ‘wife’s children resides,” explained Mwongela to the clan leaders during a meeting organised by Groots Kenya. Groots Kenya empowers rural women to achieve their rights especially on land related issues. The forum which brought together leaders from seven famous clans in the region were served with sad testimonies of widows and single mothers who suffer when seeking justice to administer property of their deceased husbands and parents. Among the clans represented were Aooni Ndune, Kitondo, Akimi, Asauni, Amute, Atangwa and Akitundu where the leaders were able to explain the role of the clan in resolving family disputes. The clan leaders were taken through sec-

tions of the Constitution which give women an opportunity to share equally family resources. This prompted resistance from the elders who argued that every community’s culture should be upheld in issues touching on property and land inheritance. Philip Mulei from the populous Aooni clan said there will still be conflicts between the legal and customary law as culture remains supreme in family wealth distribution. “There is no time in Kamba customs that a woman whether married or not will be treated equally with men in land inheritance,” stressed Mulei. However, women representatives in the meeting were of the opinion that structures in the clan leadership should be all inclusive to include women as the current stand is that women cannot be elected as leaders in the clan. ” Although women participate in the elections of the clan leaders, they are not allowed to hold positions of leadership placing them at the periphery,” said Martha Mutua, a resident in Nthongoni Location. She added: “They also lack representation in the clan arbitration committees.” The Kamba clan structure has organs from the extended family level, sub-location, location, division and district level and the offended member who fails to get justice at the family level can appeal up to the district level. If the case cannot be finished at the district level, then the clan can administer the infamous ‘kithitu’ (oath), which is shrouded in the mystery that the one in the wrong will die. “This is where women are caught up because as per the culture, women are not supposed to take ‘kithitu’ though they can appoint somebody to take it on their behalf,” explains Prisca Mutia, chairlady of Nthongoni watchdog committee on women’s inheritance project which operates under Tei wa Woo community based organisation. “Even if the new Constitution has outlined equal distribution of property at family level

regardless of sex, it will be difficult for girls to get equal share with boys as it is totally against the Kamba culture,” notes Mutinda Mutua from the Asauni clan. However, he says, punitive measures imposed to the offending members by the clan has reduced as the country’s legal system seems to be coming out as more supreme to the customary law.

Vulnerable According to Jeniffer Nyumu, coordinator of Tei wa Woo through the watchdog committee nearly 100 vulnerable women have been assisted in one way or the other to get fair treatment in land related issues. “We are now trying to reach the clan leaders as 80 per cent of property disinheritance cases pitying women are usually arbitrated Martha Mwingela, 70 year, pictured during the by the clan and when the offended woman interview. fails to meet the condition set, she ends Picture: Ken Ndambu losing the property,” notes Nyumu. According to Stella Wachekeche, a monitoring and evaluation officer with Kenya Land erty inheritance in traditional laws, the same Alliance, the Constitution has drawn a bar- has been done away with in Article 2 of the new rier between customary law on property in- Constitution which stipulates that everyone has heritance by all Kenyans and the statutory law equal rights to property. by setting up the National Land Commission. However, he urges clans to devise their role “Customary law advocates have no otherwise in arbitration of family cases as the Constitution but to recognise that women have equal rights recognises family resolution as the best mechaon land inheritance matters as the Constitution nism of solving disputes instead of going to court. is supreme to any other law,” observes Wachek- According to Diana Gichego, a Programme Ofeche. ficer with Groots Kenya, the organisation has a Her sentiments are echoed by Juda Kioko, a great deal of interest in the clan way of dispenslawyer with Kituo cha Sheria who notes that the ing family disputes on land as they play a role in Matrimonial Property Bill yet to be passed gives women disinheritance and discrimination. women equal rights to property inheritance. “Although the new laws recognise the coun“Matrimonial property including land, home try’s cultural practices, there is need to educate and anything immovable should be shared clan leaders not to see women as lesser people in equally between spouses as women contribute society,” explains Gichego. “We need to do away to their achievement either through monetary, with cultural practices and traditional beliefs domestic work, child care and even compan- that tend to impede justice to women when it ionship,” observed Kioko. comes to inheritance of property especially land He says while Article 82 of the old constitu- from their deceased husbands or parents,” she tion said women can be discriminated on prop- explains.

Women join the scramble to own land

…By Abisai Amugune

ishop Silas Yego of the African Inland Church (AIC) is a resident of Trans-Nzoia County, commonly referred to as home of Kenya’s 42 tribes. This is also home to Cabinet Minister Musalia Mudavadi as well as retired Kenya Army Commandant Daudi Tonje. The former Maendeleo Ya Wanawake Organization (MYWO) chairperson Dr Zipporah Kittony also has permanent residence at Sibanga in Cherangany Constituency. Western Province tycoon Ibrahim Ambwere recently followed suit and moved to Trans-Nzoia where he extended both his business empire within Kitale Town and settlement in Kwanza District. Outspoken political activist Orie Rogo Manduli who for a long time had been a Nairobi-based ‘telephone farmer’ recently relocated to her farm at Saboti within Trans Nzoia County where she is currently preparing herself for the Senator’s position in the next General Elections.

Land Not that Bishop Yego was born and brought up in the County but he moved to the area to purchase land just like Tonje, Mudavadi, Kittony, Manduli and Ambwere. And when these personalities were visiting Trans-Nzoia in search of land, they were not doing this depending on their sexes but had one common

objective: settlement. They also didn’t mind the direction, site and seller of the land but the cost of the land. “It was the case of a willing-buyerwilling seller basis”, says Dr Richard Wachira from Meru Farm situated on the outskirts of Kitale town. The influx of people to Trans Nzoia has continued to rise. Despite the escalating cost of living both men and women have arrived in the county in droves. According to Jimmy Kang’ethu, a land-selling broker, land within the municipality and its environs was fetching higher prices than those in the rural areas.

Rates For example, one quarter of an acre in the urban centres was currently fetching KSh400,000 compared to about KSh40,000 of the same in the rural areas. Kang’ethu says land sellers have taken advantage of the increased number of interested land owners to peg on the prices. He says since most parts were becoming highly populated, many Kenyans had shown interest of settling in Trans Nzoia where most land was still unoccupied. “The county enjoyed a relatively peaceful atmosphere until 2008 when the area was rocked with tribal skirmishes arising from the 2007 presidential poll results. Today, land is the most coveted property by most Kenyans who in many instances have been locked in disputes resulting to loss of life and property,” explains Kang’ethu.

“Everyone would like to stay where there is peace. Everyone would like to buy land where he/she can build a beautiful house, do some farming and where he will be laid to rest,” observes John Magaya a farmer from Mubere Farm in Kwanza District.

Climate Trans-Nzoia County is endowed with rich volcanic soils, an enduring climate, a rainfall of nearly 1,800 mm per annum and a diversified infrastructure for successful agricultural productivity. And with the on-going expansion of Kitale-Lodwar-Lokichoggio international highway opening to Southern Sudan and the entry of Suam border-point to Uganda and Central Africa, land owners are set to increase the prices of their pieces owing to expected brisk business. According to the Forestry Minister Dr Noah Wekesa who is also the MP for Kwanza Constituency bordering Uganda, economic activities will up significantly once works on the two roads are completed. “We envisage a situation where visitors to the area will be attracted by the local natural resources and join to become residents by buying land,” says Dr. Robert Pukose, an aspirant for the proposed Endebess Constituency. But the million and one question are: Do women have a purchasing power for these lands? Are they integrated land owners? Or are they just spectators of the land-deal-transac-

tions? Today, women stand out to be some of the top business entrepreneurs, attracting both local and international financial support. One such case is Mary Okello who founded Makini Group of Schools in Nairobi at the Kindergarten level before growing to a leading international school. Currently, the school is offering foreign qualifications. In many parts of the country, women have grouped themselves in savings and credit co-operative societies geared towards initiating development projects. For example, the Trans Nzoia Women’s Initiative (TWI) recently leased their one-storey KSh30 million building in Kitale town to the Kenya Women Finance Trust (KWFT). The TWI chairperson Martha Wanjiko says the group’s members are still raising funds to add more storey on the building which they bought at KSh5 million before it was renovated.

Women “If we can buy such a building, why shouldn’t we buy land such as one acre or even two? I am encouraging my fellow women not to look at themselves as underdog to men but strive to aim higher,” Wanjiko said at a funds drive in Kitale recently. The KWFT has embarked on a campaign to start up-country branches targeting grassroots women. However, the banking institution does not discriminate against men clients. The Trans-Nzoia Teacher SACCO

is another organisation involved in issuing loans to its members for investment and according to the Sacco’s chairman Patrick Nyongesa, nearly three-quarters of its membership is women. According to a survey done by the Sacco, the loans the women had taken had been diverted to purchase of land. Said Nyongesa: “I am happy to report that most of the women teachers have used their loans properly by buying land to build homes. At least none of my women members are staying in rented houses.”

Campaign A member of the teacher’s Sacco Edith Onzare says they had launched an education campaign for the women teachers on the need to stay in good environmental areas. “This you cannot achieve if you don’t posses your own land. For our own security as women, we request to live on our own farms. Our salaries, which are no different from those of our male counterparts, supported by loans and other securities are enough for us to buy land,” explains Onzare, a deputy teacher at Kitale GK Farm Prison Primary School. According to Kang’ethu: “Land in Trans Nzoia is selling like hot cake. The white settlers are selling their shares and going back to Britain. And those Africans still owning big chunks are sub-dividing them for sale. Those of us who are brokering, we don’t discriminate women. We also need their money.”

Issue Number 24 • January 2012

Table banking empowers Mijikenda women to property ownership L …By Kigondu Ndavano

ong before the new Constitution was written, a group of more than 80 women came together in Malindi to find ways in which they could sustain themselves. These women went beyond the cultural ties, bought land and constructed houses. Although the huge investments are in informal settlements, it has not changed the fact that women in Malindi today control a sizable percentage of investments in land. Majority of the women first identified tourism — the pillar of Malindi’s economy as a good but narrow entry path towards economic independence. The women decided to trade with tourists selling curios and ornaments as well as plaiting their hair, massaging them or just painting tattoos on them.

Livelihood The Silversands, Casuarina, Coral Key, Dorado and Blue Key beaches between the Vasco Da Gama Pillar and the Malindi Marine Park became indirectly the centre from which the women pursued their source of livelihood. Even the hurdle of not having been to school did not dissuade Baharini Women’s Group from diving deeply into the tourism business. This is a group made up of female beach traders and artisans. They have even learnt and mastered languages such as English, Italian and German to ease their dealing with clients. “Some of us have been in business for the last 30 years and we are familiar with the tourism seasons which are dictated by bookings, bed occupancies and sometimes origin of the visitors,” explains Consolata Ogutu, chairperson of the group. Campaigns to escape monthly harassment by landlords, some of who demand sex in place of unpaid rent, forced the women to set an agenda for themselves. According to Ogutu, those who were already established in business offered to teach the other members how to to invest on land and construct residential houses to escape from what she terms as liberation from social harassment.

Resources To pull resources and encourage investment by members, the group was divided itself into groups of 10. They organised merry-go-round undraising where a member carries home KSh35,000 per session. Says Gladys Mlanda, a member of the group: “If we get a new member who lives in a rental house, once she joins the merry-go-round, she is encouraged to consider acquiring a plot from her share of KSh35,000 and to start construction.” Through group savings, the women have been able to register with various financial institutions including the Kenya Women Finance Trust where today majority of members have qualified to get loans of between KSh20,000 to KSh150,000. With land ownership still being controversial in Malindi, Ogutu indicates that members of the group are encouraged not to fear to settling on new settlements, especially where such land is confirmed to be private. This is because in many instances

where squatters have settled on private land, negations and a sale agreement has been the preferred solution as opposed to evictions. “We encourage most of our members to start immediate construction since from our experience issues of unauthorised settlements on private land are mostly resolved through sale agreements,” explains Hawe Risa. That is what happened in plot 411 in Maweni in Malindi town where Ogutu first settled after paying some KSh25,000. Today, almost 20 years later, the land owner has showed up and is demanding the payment of a final instalment of KSh50,000. Salome Mwadia Jira joined the Baharini Women Group two years ago and today lives in a temporary three-roomed house at Milani area in Malindi town which she built with money earned from tourism. Initially all was not well because just after she had just managed to save KSh35,000 and identified a residential plot, differences arose between her and the husband during which time they separated. Soon, it turned out there had been a double sale on the plot she had acquired and even before she started building. She was stopped from accessing the land and was eventually refunded KSh35,000 after several months of confusion. Explains Jira: “Sometimes landlords who are mainly men cheat us and after taking our money it turns out that the land they are attempting to sell does not even exist and has actually been sold to several other people.”

Shelter She observes: “Men are at times our greatest enemies, sometimes they do not even get bothered that we have children and such children need shelter when they cheat us and con us out of our money.” Jira notes that sometimes when some women acquire property and show some sense of independence, some assume that such women are rude and proud. Before she acquired the land where she constructed her house, Jira had literally cried before God praying to blessed with a plot and the capability to build her own house from where she could bring up her children. She noted that for a woman working in the informal sector to be able to bring up children in a comfortable environment, paying rent at the end of every month can prove to be a huge burden. “It was an accomplishment for me to finally own a plot and construct a house where I now live comfortable with my children and I’m not bothered by house rent like it was to be before,” says Jira. Mwikali Kyalo, a curio dealer has worked at the Silversands beach as a trader for the last four years and confesses that were it that she did not

Elizabeth Mbeke, one of the longest serving curio and beach trader in Malindi has been in the trade for the last 28 years is happy to be a member of Bahari women’s Group table banking is favoured as a means of improving livelihoods. Picture: Kigondu Ndavano have commitments to educate her children at private secondary schools, her first challenge and priority would surely have been a plot and later build a house. “You can bet that owning a plot and a house is a major priority especially for somebody like me, a woman working in such sector which is quite fragile and where monthly incomes cannot be guaranteed,” explains Mwikali. Loice Ismail, also a beach trader says that she has been trading at the beach for the last 20 years and within that time she has worked well with her husband. They have been able to build two large houses in their homestead at Muyeye each comprising four large rooms on a half an acre piece of land which they also acquired using with money earned from tourism. Without wanting to antagonise her husband, Ismail discloses that more than 70 per cent of the funds the couple used to buy the land and undertake the construction of the houses were drawn from her merry-goround kitty which earns her at least KSh35,000 after every three months. Estimates indicate that if the houses at the Ismail’s homestead were to be valued, each would cost at least KSh350,000. Fatma Yaa Baya Katingili, a short vibrant Giriama woman is one of the most vibrant beach traders at the Silversands Beach. A pioneer beach trader estimates that she could have been in the industry for more than 30 years. The short, sharp eyed dark woman says she has never been to school and her attempts to attend an adult class at Sir Ali Primary School in Malindi town ended after two weeks due to work demands.

Katingili who cares for seven children entered the beach with one aim, to earn some income from tourism after she separated with her husband and was left to fend for her children. When she got to the beach, Katingili realised that she needed some spattering of English and Italian language to be able to communicate with customers. After a year of struggling with the languages and learning from memorising words after listening to others, today Katingili is at home in the language and can engage any Italian or English speaking tourist and convince them to buy her assorted wares which include curios, khangas, lessos, necklaces, earrings and other handmade items.

Hawking Katingili lives at Kwa Fumbi area Muyeye in a plot which she bought at KSh20,000 although the first instalment was KSh4,000, which for her was a tough task mainly from hawking items at the beach where she always had to fight with tourist police officers who restrain hawkers from accessing the beach. Inside her quarter acre plot Katingili has constructed a permanent house with three large rooms, in a slow project which took four years to complete. “After the separation with my husband, I realised I needed to feed seven children and it was not just enough to sell items at the beach,” explains Katingili. She adds: “I had to thinks fast and identify a plot which would ensure that my children had a place they would call a home.” Before building her house, Katingili who estimates the building cost

“Some of us have been in business for the last 30 years and we are familiar with the tourism seasons which are dictated by bookings, bed occupancies and sometimes origin of the visitors.” — Consolata Ogutu, Bahari women Group.

her KSh250,000 says that she had become tired of threats of eviction and many times they would face dehumanising hours as the landlord locked their house over delayed rent. “I grew quite tired of the panic at every end of the month, when the landlord would stand at the door threatening to throw me and my family out of his house,” explains Katingili noting that on arrival in Malindi, she spent some nights under a baobab tree without money for rent. Occasionally friends who could shelter her. Says Katingili: “Women are the owners of the children and when they have to fend for them in any urban setting, it is always better to acquire a plot even in a low income area and build a house instead of depending on rented houses.” She advices: “Women whether single mothers, separated or divorced should work hard and from what they earn, they should eat one shilling and save another to eventually acquire land to build a house.” Elizabeth Mbeke is also an experienced beach trader who is also happy to have earned good income from the trade that enabled her to eventually own her own house which includes a section for rental.

Income Mbeke venture into beach trade in 1989 and it was not until 1997 that she acquired a plot at Shauri Moyo Majengo Mapya area at a cost of KSh25,000. She says that the incomes from sale of curios to tourists has seen her educate her two children to Fourth Form level. “My construction has been slow because I started with a foundation and one small room in 1997 which I could only occupy in 2003,” she explains. Today, she has been able to complete another four rooms and while two are occupied by her children, the remaining earn her income from rent. Mbeke advices women to take the challenge of winning their financial and social independence by working hard and acquiring property just like the men folk do.

Issue Number 24 • January 2012

An unspoken heroine among the underprivileged

Motor cycle taxi operators blamed for teen pregnancies

…By Grace Igandu

oft-spoken yet confident, Zipporah Ikamba stands in front of the simple stone building that over 50 orphans and underprivileged children call school. “Welcome,” she says warmly as she ushers me into a social hall which houses the Zim Utethio Nursery School in Runyenjes, Embu It is hard to believe that the tiny space accommodates the several little children seen running around the compound. In fact, Ikamba, the proprietor of the non-profit institution admits that it has been a challenge to teach such a large number of students in one social hall, but it is all they have. “The school was able to acquire the social hall from the Municipal Council through God’s mercy,” explains Ikamba. She adds: “The school has managed to exist since I founded it 13 years ago because we are not charged any rent.”

Learning However, Zim Utethio has to share its space with other groups such as church choirs that come to practice within the vicinity. This hinders the learning from time to time as the children are forced to vacate the hall whenever another group of people want to use it. Furthermore, the institution does not have an office and has to store the few equipment they have acquired at the District Officer’s office. Additionally, those who still have families come from very poor backgrounds and come to the school hungry almost every day. “A child cannot learn on an empty stomach,” observes Ikamba. She feeds them whenever she can, usually with donations received from wellwishers in the community. However, when there isn’t enough to go around, some of the children disappear for days, sometimes even for months on end in search of food. Ikamba says she is happy whenever one of the ‘lost’ children returns to the school and picks up from where they had left. She teaches them basic English, Kiswahili and Mathematics and even though it is registered as a nursery school, she gets children aged between three and 12 years. Ikamba is quick to point out that her efforts have not been in vain. “Several of the students who start of here go on to do well at the primary and secondary levels. Some of them even get scholarships to universities,” she states. These achievements seem like miracles considering that the first students to have been admitted to Zim Utethio had to learn under a tree. Having struggled in her childhood herself, Ikamba appreciates that the future of Kenya lies in educating and empowering the ‘little ones’. “Without this empowerment, we cannot fully develop,” she acknowledges.

Morals When asked about what keeps her going, Ikamba refers to her Christian upbringing, emphasising the teachings and advice of Jesus Christ to his followers. “I always remember that Jesus taught his disciples to humble themselves; down to the level of children. So I try to fulfil my duty to the community with humility and kindness. And also, I love the company of the children. I see them as my own,” she says before laughing heartily. Right before I leave, she sends in 12 children to perform a traditional Kiembu song, which they happily do before Ikamba hands each of them a sweet. She then gives me a parting statement of wisdom. “We should let them [children] be educated, because knowledge is power. So let us assist them in whichever way we can and in through the skills and talents our Creator has enabled us to use.” By the end of the interview, I am convinced that Ikamba is one of the great unspoken heroes out there.

Boda Boda operators are blamed for teen pregnancies in some parts of the country. Picture: Samwel Kipsang

…By Samwel Kipsang

here has been a sudden upsurge in teenage pregnancies in the last three years. One major cause of this sudden increase is said to be “motor cycle taxi operators”, commonly known as boda boda men. According to Kenya Demographic Health Survey (KDHS) 2009, 11 percent of young women and 22 percent of young men aged 15 to 24 had their first sexual intercourse before the age of 15. The survey says that these statistics are an improvement from 2007 where 16.4 percent of young women and 33.7 percent of young women had sex before the age of 15. The 2007 statistics as per the KDHS could be a child play compared to current statistics if the survey for 2010 and 2011 is carried out. If another survey is carried out, many KDHS observations may be put in disrepute. The recent cases of pregnancies of primary school children between Standard Six and Seven are reported more in rural areas. This tends to put in disrepute the 2010 KDHS observation that young people living in urban areas tend to initiate sexual activity earlier than their rural counterparts.

Some new trends has also been observed in the last two years where there has been an upsurge in the number of KCPE candidates who are pregnant at the time of sitting exams as opposed to previous years where candidates pregnancy cases and deliveries were mainly among KCSE candidates. Boda boda operators are being quoted as being the main reason behind the rising statistics that is putting the country off balance because of teenage pregnancies. At Kembu Shopping Centre in Bomet, a number of boda boda operators take primary school girls for sex in bushes along the roads, a half a kilometre to two kilometres from the centre.

Bush

According to Joel Sitienei and others who want to remain anonymous, the men transport the girls from the shopping centre after having reached an agreement and on approaching their homes, they put off the engine and ride free to avoid making noise before hiding the motor cycle in the bush beside the road and taking the girls for sex in the bushes by the road side. Their parents are not suspicious of anything because they think the girls are studying in the other houses in the compound or could have gone to study with their friends in the To quote a few cases, a primary school neighbourhood. in Sotik had 16 primary school girls pregnant One boda boda operator who did not want (all attributed to boda boda operators). In to be named said his colleagues give the young Kikambala, Kilifi 13 girls from one primary girls KSh50 ($o.6) and buy them body creams. school and 13 KCPE pregnant candidates in The man also added that even married women Belgut, Kericho West District were reported do not refuse sexual advances from boda boda in 2010 and 2011 respectively. Kericho West operators. District Commissioner, Jamleck Mbuba at“This is not necessarily because they get tributed the cases of early pregnancies among money from boda boda men but for riding faschool children in the district to failure by vours in future when they do not have money,” parents to counsel their daughters on the explained the man. dangers and consequences of engaging in In Uganda, this boda boda phenomenon is early sex. all over the press. In a story entitled “Parents The administrator also blame the ris- or teachers: who should teach sex education?” ing cases on boda boda taxi operators in the published in the Observer of Sunday, August district, saying some offer free lifts to girls to 21, 2011, Shifa Mwesigye noted that most and from their respective schools, and later girls were impregnated by boda boda riders take the advantage to sexually exploit them. who hired them with as little as USh2,000 and “It has emerged that some of the boda USh20,000 at most. boda taxi operators offer young girls free ride Mwesigye adds that though these girls know to their schools in the morning and a ride for the consequences of pre-marital sex but fall sex in the evening. This way the girls end up victims because the men say that they love them. being impregnated,” observed Mbuba. Non-governmental organisations have

Pregnancies

also attributed pregnancies among school girls to boda boda riders. The Foundation for Human Rights Initiative (FHRI) with funding from European Union and HIVOS carried out a baseline survey in 2009 in Lira District and found out that boda boda operators were responsible for child pregnancies. The donors of the survey and FHRI are trying to promote sustainable access to justice for vulnerable women and children in Uganda. “The society feels beaten by the defilers. Many parents do not come out to assist in arresting them,” says John Sang, head teacher of Tembwo Primary School. He adds: “Instead parents arrange for their defiled daughters to be married by the defilers secretly.” District Children’s Officer, Donald Nyamweya says that it is not legal for parents to go underground and arrange for their defiled daughters to be married by the defilers. “The right thing is to hand over the defilers to law enforcers, counsel the affected girls and bring them back to school once they are ready to resume studies,” says Nyamweya.

Assistance Rita Jelimo Tanui, a social worker who works with FIDA and Ferminezer says that many parents make local arrangement to have the defilers marry their daughters but try to seek assistance when the arrangement backfires. The same was reported by Nyamweya and Sang. The Mid last year, the Sotik District Children Advisory Committee decided to be pro-active in order to address the fate of the defiled girls and prevent future recurrence of defilement. An advocacy committee drawn up by the District Children Advisory Committee on a fact finding mission, have made several visits to Tembwo Shopping Centre where many boda young men who are main defilers are found, and Tembwo Primary where the affected girls attend school. They also talked with the parents of the affected girls. Though after the visit by the advocacy committee, offenders were targeted for arrest, only one has so far has been arrested because other parents have gone underground, probably to make local arrangement to have their girls married off by the defilers.

Issue Number 23 • November 2011

Empowering oppressed women is her main job

…By Swabrinah Shaban “Nothing comes on a silver platter. Hard work and my commitment to the cause set before me was all that was needed for me to achieve my goals. Though my dreams are not fully achieved I am working towards that goal.” These are the parting words that Farida Rashid Seif could not hold back as she escorted us outside her home in the sprawling Ganjoni suburb, Mombasa. Donning a doted outfit with a matching yellow head scarf, Seif is at ease as she prepares the Iftar food for her grandchildren and mother.

Stigma She vividly remembers her struggle to fight stigma and victimisation from relatives and friends soon after she announced her divorce. “I have come a long way and the path has not been a smooth one. But I thank Allah (God) for what I have been able to achieve for women and children who have been victims of this cruel society,” she says. At 54, Seif, a renowned political figure in the country, human right activist and a business woman has a story that is off the pages of fairy tales where girls are promised a life of living happily after. With only two children into the marriage, she was soon shown the door by her prince charming being left to single handily care for them. Seif always thanks her lucky star for the day she agreed to take up a course on beauty and hairdressing at the prime time of her marriage while in Egypt.

Education “I just don’t know why but God has a way of doing things and eventually came in handy when I needed Him. My husband enrolled me at the Egyptian Women’s Fashion College in Cairo. I successfully completed the course and passed with honours in 1978 but I have never practiced until after the divorce,” she recalls. With no one to turn to, Seif put her beauty knowledge into practice and with the help of her parents she managed to open a salon, beauty parlour and a cosmetic shop. These have turned out to be her source of income. However, the salon business was

not the limit for her. After a lot of soul searching and courage, with the little income she was able to save and later ventured into other businesses. Within a few months, she was importing designer outfits and supplying to a shop in Nairobi.

Business “The cloth business took a great deal of my time as the demand was high and I rarely spent time at the salon. Little did I know that my frequent trips abroad gave room to my workers to be dishonest,” says Seif. The vice led to the collapse of the salon business eventually and she was forced to close it down and concentrate on the cloth business. However, within a short while, the business faced a major setback when her big time client the Nairobi Little red Boutique withdrew her services. “However, I never lost hope. I still had small time clients who kept me going though it was not enough

to last me a life time,” explains Seif. She adds: “I had to be aggressive and creative to see that my children got all the necessary support and most important things like good education, food and shelter.” However despite all the hardship and turmoil that were closing on her day by day, Seif found another passion in life. This was to help fellow women who are helpless and facing problems similar to the ones she had gone through.

Injustice

“Life has been cruel to many women but nothing made me happier like working with them and showing them ways of uplifting their lives. We had a special bond, putting in mind I was once in their shoe.” — Farida Rashid Seif

The desire to resFarida with her daughter in the kitchen during her spare time. Below pictured with a cue fellow women family friend who has benefited from Farida’s initiatives. from the jaws of injusPicture: Swabrinah Shaban tice was so strong that Seif got involved aggressively on women’s issues and joined Maendeleo ya Wan- in mind I was once in their shoe,” she since childhood she has been harbouring ambitions of being a leader. observes. awake in 1982. Coming from a family where poliAs if that was not enough, her “We address issues of sexual tics was butter and bread and having hard work was once again spotted abuse in the work place, help widows been raised by a politician uncle, Seif ’s and between 2005 and 2006 she was and other distressed women through interest grew by the day and by the appointed the Women Caucus diviempowerment programmes and developments projects to sustain their sion convener and Maendeleo ya Wa- time she attained adulthood and was lives and that of their children”, she nawake provincial treasurer respec- eligible to venture into serious politics she would campaign for KANU in the tively. says. Coast Province. She has also been involved on isHer efforts were rewarded in In the end she was appointed 1993 when she was appointed chair sues to do with agriculture and this KANU women’s leader nationally in saw her working with the Agriculperson of Mombasa Island division. 1992 elections. tural society of Kenya (ASK). This is The appointment opened many th doors for her especially on the line Seif ’s 10 year as the Mombasa ASK branch council member. Her love for In the 2007 elections Seif was an of law and human right issues as well the ASK developed while she was in election observer for all the political as development and governance. She school when she actively participated parties. During the just concluded attended several trainings organised in all its activities. referendum, her presence was also felt by FIDA. as she keenly observed the process to In 2001 Seif ’s efforts bore fruits ensure it was free and fair. when she was awarded the position “My cause is worthy and not that “My achievements have never of a paralegal officer and mediator of greed. Many women who have been taken kindly with my friends. on women issues. “Life has been cruel to many At some point I have fallen out with passed through me in times of distress women but nothing made me hap- them but their motive does not pull now live in peace and that is what I pride myself with…. that I was able to pier like working with them and me back,” she observes. help and improve the lives of my felOn the political front, Seif has showing them ways of uplifting their lives. We had a special bond, putting been a force to reckon with given that low women,” say a happy Seif.

Motive

Executive Director: Rosemary Okello Editorial Director: Arthur Okwemba Managing Editor: Jane Godia

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

Sub-Editors:

Duncan Mboyah and Joyce Chimbi

Contributors:

Shamala Khamala, Ken Ndambu, Martha Nyambura, Nyaradzayi Gumbonzvanda, Benson Mwanga, Odhiambo Orlale, Charles Nyachae, Nacy Baraza, Peter Kings, Micheal Oongo, Abisai Amugune, Kigondu Ndabano, Samwel Kipsang, Swabrinah Shaban, Grace Igandu, Carolyne Oyugi, Joseph Adero Ngala.

Design & layout: Noel Lumbama (Noel Creative Media Ltd)

This paper is produced with support from HIVOS