Kenyan Woman Issue 30

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Issue Number 30 • September 2012

Issue Number 30 • September 2012

Championing women’s leadership

Delivering the one-third promise in Kenya …By Rosemary Okello

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or Kenyan women the upcoming General Elections is a make or break and its outcome will answer the over more than five decades of the championing of the Affirmative Action which is now enshrined in the Constitution of Kenya 2010 (COK 2010).

It is against this background that the United Nations development Programme (UNDP), the Government of Kenya and the UN Women held a regional dialogue meeting on women’s leadership whose agenda is to hold the government, political parties and all the stakeholders accountable in delivering the one-third promise as stipulated in the new constitution.

Peaks Aware of the challenges ahead of them, the Kenyan women like a group mountaineers have scaled a number of steep peaks, representing a number of gains for women namely legal, representations, and education among others. However, they have realised they still have to conquer a huge mountain of discrimination that looms above them and lack of political good-will.

“It had to take the COK 2010 to remind Kenyans of the discrimination the women of Kenyan have been undergoing through,” said Winfred Lichuma, the Chairperson National Gender and Equality Commission.

According to Lichuma, there are many factors hindering Kenyan women from political participation. These include patriarchy, Gender Based Violence, economic factors, lack of social capital and political capabilities among others.

EDITORIAL

It’s time for women to take their mantle in leadership

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t is increasingly becoming clear that most women aspirants are shying away from elective position and opting to contest for the 47 special seats in their respective counties.

This has largely been driven by fear to tread in the male dominated arena which has never been friendly to women and is awash with hostility.

Further, in some quarters, women have been made to believe that the Constitution has created enough seats for them and thus the need to leave room for their male counterparts to contest for the other seats.

However, this will only serve to complicate ongoing efforts to raise the number, visibility and effectiveness of women in leadership positions to influence legislations and policies.

Constitution The constitution provides for six elective seats namely the Presidency, Governorship, Senate, Member of Parliament (MP), County Representative and Ward Representatives which are all open for grabs by everyone irrespective of gender.

Already critics feel that women are purely displaying gimmicks that have been emboldened through political stunts only to emerge after the elections to claim the spoils through nominations that may become necessary to meet the two thirds gender principle.

It is thus incumbent for women to heed to a recent call by Prof Maria Nzomo to rise up and compete equally for all seats with men instead of waiting to be nominated.

Women must emerge from their small cocoons and vie for all political offices to help bridge the glaring gap in positions of power.

Parliament Legislators Dr. Sally Kosgey and Millie Odhiambo at a past meeting, (below) Chief Justice Willy Mutunga.

In a call for Kenyans to ‘WISEUP’ to women’s leadership and keep the promise, Lichuma called on Kenya to vote for women this time round in a move to realise the one or two thirds representation by women in all leadership positions.

This should be from the Counties, in the National Assembly and also within the Senate level.

The call to Keep Up the Promise was also echoed by the Chief Justice of Kenya Dr Willy Mitunga who said that unless the next Elections are in line with the provisions of Articles 27 and 81(b) of the Constitution of Kenya, the Senate and the National Assembly will be declared illegal.

According to Mutunga, the National Values policies as enshrined in the Constitution include nondiscrimination. He noted: “We

must put Kenya in a social trajectory as agreed by the people and this regional dialogue is in recognition of COK 2010 which allows Kenyan women to have one-third representation.”

Liberian President Ellen Sirleaf Johnson in a video conference informed the conference that over the last decade Africa has made progress on women’s representation. And that by having Dhlamini Zuma as the head of the Africa Union and that for first time in the history of the continent there are two women as Presidents; it is showing that there are gains when it comes to women’s representation.

However, she warned that the number is still too low as compared to other regions. According to Sirleaf-Johnson, only eight Af-

rican Countries have more that 30 per cent women’s representation in Parliament with Rwanda leading with 56.5 per cent, followed

by South Africa with 45 per cent.

These two are then followed by Algeria, Angola, Burundi, Mozambique and Uganda.

“We hope Kenya will join the list in the near future and the provision of the COK 2010 of not more than two thirds of each gender Continued on page 5

It is undoubtedly clear that the number of women in leadership positions in the country has remained sparingly low. Currently the number of women in Parliament account for a mere nine percent despite the fact that the country is signatory of the Beijing Platform of Action that stipulates that women must account for not less than 30 percent in decision making bodies.

While nominations can help boost gender parity at all levels, such seats do not guarantee them the ability to marshal enough political power to push for gender sensitive laws. Further, the seats do not increase women’s capacity to build longterm credibility to attract effective representation.

Women must take advantage of the favourable political environment that has been anchored by gender sensitive laws to increase their representation in the political arena and in decision making organs.

For instance, the Political Parties Act requires that membership in respective political outfits must reflect regional and ethnic diversity, gender balance and representation of minorities and marginalized groups.

Women can at last discard the trends that have characterised past elections’ outcomes where they are virtually underrepresented and turn up in large numbers to compete for seats in the elections.

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Issue Number 30 • September 2012

How militia raped and tore me apart

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he first V-Day Africa summit was held in Nairobi this month to launch a major campaign to protect victims of gender violence. The forum was attended by 47 women representatives from different African countries, Dr Dennis Mukwege of Panzi hospital in Bokavu DRC and five teenagers from South Africa. During one of the sessions 20-years old Jane Mukuninwa who is a survivor of sexual violence from Eastern Congo narrated her painful ordeals in the hands of the Congo militias as written by Carolyne Oyugi

God “Can we all sing and praise God because He has been very good to us.

My name is Jane Mukuninwa from the Democratic Republic of Congo (DRC). In Congo we have so many problems, like any other African country but I think we have more problems than any other country.

First I never went to school and so unlike my agemates I can not read or write, it is now when I’m trying to learn.

“When I was 14 my parents disappeared in the fighting and until now we still don’t know where they went to.

Although we have never found their body we think that they were killed.

“I therefore moved in with my uncle (mum’s brother). One day when in my uncles house we heard some commotion. My uncle asked me to check what it was and lock the door. I told him that I wouldn’t go out but instead I would just lock it from inside.

“Our door was not very strong and so after a few minutes we heard a loud bang and the door was open.

It was the extremist Hutu militia. We were not rich and did not have much but the militia took everything from the house.

“We were five girls and four men.

We were made to carry things for the militia. We walked for days and if you complained you were killed.

Killed “Along the way one girl was killed and we remained four. We were taken to bachelors’ homes. Our work was to cook and we were also turned to sex slaves while the men were turned into porters.

“We were made to wash ourselves in the militias’ urine and eat bad food remains which was also not available

Ms. Jane Mukuninwa giving her speech on how she underwent an ordeal through the hands of militias.

Below is Ms. Mukuninwa in different postures during the meeting. Picture: Caroline Oyugi. at times.

“At times we were even made to drink urine and the men would come and have sex with us one after another anytime and anywhere they wanted.

“This happened when I was receiving my first menstrual period which was also the last one I have ever seen.

“They tied up my uncle, cut off his hands, his feet, his sex organs, gouged out his eyes and left him like that.

He stayed like that for five days and on the sixth day they threatened to kill him. My uncle told them that he died long ago and so he did not fear being killed. His wife and his son were also there.

“We begged them to kill us but they refused. We were regularly tied spread-eagle and gang-raped, and I soon became pregnant.

“That did not stop them from raping me more. I was gang-raped even when I was seven months pregnant.

They sometimes inserted sticks in my private part which tore me apart inside and sometimes left me dribbling wastes constantly.

“On the eighth month of my pregnancy my stomach swelled abnormally and I had unbearable pain. The foetus had died and rotten in my womb.

“One of the people the militia

had kidnapped was a doctor who was forced to treat the soldiers. He sympathized with me when he noticed that I was about to die in obstructed childbirth, cut me open with an old knife, without anaesthesia and removed the stillborn baby.

“The baby had rotten and was removed in pieces. I almost died but I guess God did not want me to. The militia dumped me beside a road since I had become a burden.

“I was half dead. I smelled like rotten meat and could not control my digestion system and so waste could just come out. Blood was oozing and no one wanted to come close to me.

Family “I walked for days in the forest and ended up in a pastor’s home.

They took care of me for two months and at some point I became a burden to his family. His children wanted me to leave their home because I was stinking.

“One day the pastor got information that there is a hospital that treats sexual violence victims in Bukavu.

He organised for me to be flown to the hospital.

That is where I met Dr Denis Mukwege at Panzi hospital.

“We were around six patients.

I stayed in the hospital for six years without healing. Dr Mukwege did so

much to heal me and I thank him so much.

“He operated on me nine times over six years to repair the fistula that was causing me to leak waste. Finally he succeeded, and he asked me to return to the village to live with my grandmother.

Space “I did not want to go back but again I had to give space to other patients. He told me to stay away from men for three months so as to give my body time to heal. “But three days after I returned to the village, the militia came again and raped me. The fistula reopened.

“I kept naked in the forest and stinking because my internal injuries had reopened, I finally managed to escape and eventually found my way back to Panzi Hospital.

“Dr Mukwege has already started a second round of surgeries on me and until now I’m not cured.

“I was fortunate enough to meet Eve Ensler the executive director of V-Day who has given me and other women hope. Though the hospital helped me it did not help me psychologically something that

Ensler has done like a mother and a sister.

“We live as a family at City of Joy in Congo under the leadership of Christine Schuler Deschryver. I hate rapists and I can shoot to kill one.”

NCIC incorporates women in peace accord …By Larry Kimori

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he National Cohesion and Integration Commission (NCIC), which is spearheading the Nakuru Peace Accord has roped in women elders who will be in the forefront of its implementation.

Speaking at the Rift Valley Provincial Commissioner’s Boardroom, the NCIC Chairman, Dr. Mzalendo Kibunjia, observed that initially the women elders were not part of the process because the men sidelined them from their formal discussions.

However, Kibunjia, noted that women cannot be left out of any peace initiatives since they bear the brunt of conflict in any country.

The NCIC Chairman observed that women and children are displaced during the eruption of violence, among other atrocities committed against them.

In order to ensure sustainable peace in Nakuru County, Kibunjia and the NCIC are spearheading negotiations and concessions among warring communities in the county which has culminated in the development of a peace document.

Communities Earlier, the draft document agreed upon by the Kalenjin and Kikuyu elders raised a storm among other communities living in the county who felt left out, adding that they too suffered during the violence.

“Over the past few weeks, the commission has widened its scope and made an allinclusive document that has received enormous support in the county,” Kibunjia disclosed.

He noted that the accord would go a long way in securing investments for the county, especially in Nakuru town, which is the fastest growing town in the region.

Kibunjia reiterated the Commission’s resolve to ensuring a longterm peace in the county, which he termed as the pulse of the Kenyan nation.

Kibunjia was upbeat that there would be no violence, whether based on political manoeuvres or historical injustices. He hailed the endorsement of the peace docu-

ment by all the communities as a major milestone.

Respect “The document addresses issues ranging from respect for others, negative ethnicity, labelling (like cattle herders or Mungiki among others), prejudices and stereotypes that should end in order to realise peaceful coexistence amongst all the communities in the county,” he observed.

Kibunjia said that the peace accord has provided a platform upon which communities in the county and the country at large could use to resolve issues affecting them.

He disclosed that similar peace accords will be replicated in hot spot torn by conflict such as Tana River, Marsabit

and Transmara region to help address the underlying issues and forestall any eruption of violence.

“Kenya, being a patriarchal society that sees events from the male lens making it difficult to involve women from the initial drafting stages of the peace accord,” he noted.

However, Kibunjia observed that the tag has worn off, which, in turn, helped the commission to engage women in their efforts in implementing the peace accord.

Elders Commissioner Alice Nderitu, who accompanied Dr. Kibunjia, said that women elders have agreed on the male elders’ document and resolved to be involved in order to de-

liver peace to the county.

Nderitu disclosed that flagging off the elders’ peace caravan will take place from the PC’s office, adding that the peace caravan would move to selected conflict hot spots in the county in a bid aimed at creating awareness on the need for peaceful coexistence among communities.

She further appealed to Nakuru County voters to reject political parties that nominate candidates for various elective posts from one community.

“Voters should not shy away from exercising their democratic right by electing leaders who project the face of cohesion for long-term peace and tranquillity, which would, in turn, spur economic growth,” stressed Nderitu.

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Issue Number 30 • September 2012

Justina Sitti From education to the political podium

…By George Omonso

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ifteen years ago, Justina Sitti gave the late Vice President Michael Kijana Wamalwa a run for votes in his political backyard, in a contest that would shape her political career.

Although largely seen as traitor fronted by retired President Moi, Sitti managed to steal the show and secured a strong second against seasoned tycoons like the late Wafula Khamulati, former managing director of the Nzoia Sugar.

In fact, it was not a walk over for the late VP who had to deploy his energy and time to reclaim the seat in what political pundits described as a close race.

The educationist garnered 15,440 votes against Wamalwa’s 28,000 votes in the poll.

This was despite the fact that Wamalwa was contesting for the presidency and was then regarded in the Bukusu community as the de-facto leader of Saboti Constituency.

Performance Her performance took many by surprise because she was contesting on a KANU ticket at a time when the party’s popularity in the area had completely deteriorated owing to the sacking of prominent personalities in the region.

However, those close to the then Ford Kenya chairman say that the leader literally concentrated his energies to securing his political base unlike before when he would come at the eleventh hour to say that “It is Wamalwa Kijana kama Kawaida”.

Her performance catapulted her to the top of Trans Nzoia politics, becoming the beacon of hope to the local women who hitherto thought that political leadership was the domain of men and that women were better accommodated as cheer leaders and high table functionaries.

Rights Sitti, who is eyeing for the Nzoia County women representative seat, has been instrumental in fighting for women empowerment and rights.

“From merry-go-rounds to NGOs and CBOs as well as church bodies and agriculture forums, voices of women demanding for their rights reverberated from Mount Elgon to the Cherangani Hills,” she recalls of a crusade that was soon to become the turning point of local politics.

Among issues that the candidate plans to address once elected include the high school drop-out rates especially among girls.

Having been educated in Misikhu Primary and Lugulu Girls’ Secondary School, Sitti laments that girls continue to drop out of school due to lack of school fees, female genital mutilation and forced marriages.

Vices “If I win the seat, I will fight against these vices by sensitizing the community to shun retrogressive practices,” she says.

Currently Sitti has managed to endear herself to the community through a series of community pro-

grammes through the platform for Kenya, an education forum where scores of female teachers from Trans Nzoia have benefitted from an exchange programme in Great Britain.

Through the programme Kenyan women teachers are expected to highlight the challenges faced by the girl child in relation to education and propose to donors how the situation can be arrested.

Education Sitti joined the education sector as P1 teacher in Kitale municipality in 1972. She was promoted and served as a deputy head teacher in several schools within Trans-Nzoia County.

Between 1985 and 1986 Sitti also served as a headmistress in various schools within Kitale municipality including, Kitale Academy Primary School, then known as Kitale Primary School.

Sitti has several achievements on her lap. They include honorary awards from South Research and Study Tour Exchange Programme and Knut Resource Leadership Courses.

She has written resource books for teachers and for Kenya Institute of Education curriculum that include Sustainable Environmental Management Courses road map under the auspices of the Kenya Institute of Administration for which she received Presidential Award for Meritorious Services.

She is also a life member of the Kenya Red Cross Society and the Maendeleo ya Wanawake Organisation apart from leading in various social economic groups in Trans-Nzoia County.

“I have what it takes to run for the Trans-Nzoia Women county representative come the General Elections,” she affirms during an interview with the Kenyan Woman.

Centres Sitti intends to set up numerous counselling centres in every location in the entire Trans-Nzoia District to equip girls who dropped out of school with entrepreneurial skills such as catering and tailoring,” Sitti notes.

Sitti who is also the director of Kenya Seed Company, a leading producer of seed in the country also says that given a chance, she will build several girls boarding schools in all the three constituencies.

She will recommend at the county governing council that disadvantaged children who cannot afford school fees be given an opportunity pursue their dreams in these schools.

She says boarding schools will help save girls from early marriages.

“Through education our community can help address high levels of poverty in the area,” she reiterates.

Sitti plans to start a village polytechnic in at least every ward to absorb the youths and give them skills that will enable them start their own business after acquiring the knowledge.

She says there is need to set up bursary fund to supplement the government bursary schemes.

She hopes to lobby for the reduction of prices of fertilizer and seeds to levels that most farmers can afford. “This will see the introduction

of alternative fertilizers which are cheaper and more effective than the conventional ones,” she notes.

Sitti reiterates: “I will also revamp the spirit of cooperative societies with a view of eliminating unscrupulous middle men during the marketing of the farm produce.”

Sitti intends to involve more women and the youth in economic activities that include trade and small scale micro-enterprise projects that will boost individual and family income.

“Another area I hope to tackle is the revamping of collapsed coffee and tea factories by looking for investors who are willing to rehabilitate and improve the capacity of tea factory such as that of Kapretwa and Kapsara,” she says.

Households Further, Sitti says the over 80,000 households of landless people in Trans-Nzoia is a major headache for any leader in the area.

She regrets that despite TransNzoia being the granary of the country, it has increasingly become difficult for people of the area to expand farming because majority lack title deeds.

Getting loan facilities from bank and other agriculture institutions such as AFC, is a nightmare because the people of Trans-Nzoia lack the vital documents that can act as guarantee for them to acquire loan facilities and expand production.

“I intend to work closely with whoever will serve as senator and governor in the county to resettle squatters in the county,” Sitti reiterates.

She adds: “Farms such as the idle

Ms. Sitti talking to her campaigners on phone during the interview.

Picture: George Omonso

ADC land should be given out to the landless to help boost maize production in the country.”

On the increased cases of insecurity in the area, Sitti says youth must be engaged in productive work to curb criminal incidents.

Among Sitti’s other priorities is to ensure that the entire area has piped water.

“For example in Kiminini it is not strange to see young girls walking for over 10 kilometres searching for water after school. Most girls have to rush home after their classes to help their parents in searching for water.

“If you think it is only the pastoralists especially the Pokots who walk for long distances in search of water, then you are wrong,” says Sitti.

Boreholes She notes that with the support from the National Water Corporation, boreholes will be dug in the area especially in Kiminini while other plans are to get water by gravitation from Mt Elgon National Park.

Sitti notes that the immediate beneficiary will be Kiminini Cottage Hospital that serves a population of over 50,000 people some who come as far as Sikhendu and Saboti area.

Other beneficiaries of the water are the family of St Bright Girls’ School and traders operating at Kiminini market.

Apart from politics Sitti is involved on issues of women empowerment. A crusader for woman

rights, Sitti is not only the convener of the Caucus for Women in Leadership in Trans-Nzoia County but also chairs several meetings that agitate for women’s rights in the country.

As a woman leader in the Rift Valley, she has participated in initiatives to address problems afflicting women in Mt Elgon, Trans Nzoia, Kwanza, West Pokot and Marakwet Districts.

Property Among areas she has been involved in, include assisting victims of domestic violence, sexual abuse, Female Genital Mutilation (FGM) as well as helping out women disinherited of their property.

“I have addressed and will continue to address the humanitarian needs of Internally Displaced People (IDPs) in Trans-Nzoia District and many parts of Rift valley,” she adds.

Sitti is the brain child of Maendeleo ya Wanawake Organisation (MYWO).

She says that they have trained hundreds of women in capacity building under the organization.

Outspoken and courageous she has rubbed shoulders with the high and mighty, and has utilized the interactions for the benefit of her people.

“From merry-go-rounds to NGOs to CBOs as well as Church bodies and agriculture forums, voices of women demanding for their rights reverberated from Mt. Elgon to Cherengani hills,” she recalls.

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Issue Number 30 • September 2012

Poll body on the spot over fees

…By Henry Owino

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he Independent Electoral and Boundary Commission (IEBC) has come under scrutiny yet again following announcements that all aspiring candidates will pay substantive amounts of money before the commission clears them to contest for respective seats.

The proposed nomination aspirants’ fee by IEBC has elicited mixed reactions both from sitting and aspiring politicians. The charges are seen as a way of blocking potential but poor candidates from realising their political dreams.

The first controversial issue with IEBC attracted the general public’s attention when it declared the next general election to be held on March 4, 2013.This elicited an uproar amongst the aspirants and their supporters, who desired for December, 2012.

Disputes The polling date disputes were later settled down by the Court of Appeal on July 31st, 2012 when it backed up the initial IEBC date schedule.

The second and very controversial issue was on the method to be employed for voters’ registration that had questionable concerns on the process used to procure the equipments. The matter brewed tension in the country attracting international community which intervened and assured the country for support to acquire Biometric Voter Register (BVR) machine.

The commission had settled for manual voter registration system that saw the 2007 general elections turn chaotic culminating to skirmishes in 2008 popularly known as post election violence (PEV) to citizens.

Leader Women political leaders and aspirants, who gathered at a Safari Park Hotel to deliberate on how the onethird quota is to be achieved, dismissed the IEBC proposal terming it as hefty charges on women aspirants.

The women said the high fee is a plot hatched by IEBC to block several aspirants especially women and youth from contesting thus trampling on their freedom to exercise election rights.

The women aspirants argued that Chapter 4, Article 38(3) (C) of the Constitution provides for every adult citizen right without any restrictions on the enjoyment of those elective rights for women, youth and Kenyans at large.

Offices

In a statement issued at press conference and read by Jane Njiru during the United Nations Conference on Regional Dialogue on Women Political Leadership held in Nairobi last month, they said all Kenyan women are interested in elective political offices but were shocked by the regulations that IEBC has created.

The women said it is an exorbitant fee to the poor women aspirants to afford that kind of money let alone the amount campaign logistics would require from them.

The new charges proposed for aspirants are as follows to contest for president of the Republic of Kenya, one is to part with KSh1 million. Those running for Senate,

Women leaders led by Ms. Jane Njiru addressing a press conference denouncing the hiking of nomination fees by the IEBC. Picture: Henry Owino governor and their deputies will pay KSh500,000. Although initially the IEBC had indicated that the women’s representative aspirants will pay KSh500,000, there are indications that they will now pay KSH250,000 which is equivalent to what is expected from those aspiring for Member of Parliament (MP) seats. The county ward representatives will pay KSh50,000.

Njiru wondered whether in the history of all elections in Kenya, if there has been ever any requirement for such amount of money to be paid to the government. “Most women cannot afford this kind of money and for the youth it is completely catastrophic considering majority are unemployed,” noted Njiru.

Quota She reiterated that women are struggling to see how they can achieve the one-third quota in leadership yet the IEBC is defeating the same Constitution that recommends the requirement. Njiru dismissed the Commission as an institution which has lost its mandate and wants to make profit by exploiting poor Kenyans.

“Women are often disenfranchised because we lack resources —

that is money to be precise — and we are not drug barons or land grabbers who have amassed too much wealth,” Njiru noted. She posed: “Are these seats only for the rich? Where are we going to get that kind of money from on top of other campaign expenses?”

She said as the MP aspirant for Manyatta Constituency, she will start fighting for the rights of Kenyans now even before her political dream comes to pass.

According to Zainab Chidzuga, an aspirant for Women’s Representative from Kwale County, the high fee proposed is a scheme by IEBC to delay elections in the country by creating a controversial regulation that could lead Kenyans to court, thereby holding the election at ransom.

Chidzuga doubted expressed her doubts as to whether there is affirmative action in the Constitution and said if there is, then the IEBC should stop harassing women and the youth of Kenya with shocking regulations.

“We want laws that bring equality.

Give us that space by scrapping these fees to be paid to the government. We are not jokers as IEBC may think but we intend to represent our people,” stressed Chidzuga.

However, according Lillian Mahiri-Zaja, IEBC deputy chairperson

“Any Kenyan is free to vie for any seat he/she wishes as long as they meet the minimum requirements of the political offices they aspire for leadership. We cannot block any aspirant as you know parliament will have the final say over the fee.”

— Mahiri-Zaja

clarified that the proposed charges for various political offices are yet to be reviewed by parliament before it is finally effected.

Commission Mahiri-Zaja defended the Commission explaining that the fee is not meant to bar or block any aspirants from contesting for any elective political office. She clarified that contesting for a seat is the right of every Kenyan citizen as stipulated in the Constitution.

“Any Kenyan is free to vie for any seat he/she wishes as long as they meet the minimum requirements of the political offices they aspire for leadership. We cannot block any aspirant as you know parliament will have the final say over the fee,” explained Mahiri-Zaja.

However, she reminded the aspirants the charges have been there even in the past elections for any candidate running for political office. She noted that the difference this time round was that it was slightly higher compared to previous years.

Familiar “Many new faces have come up and are not very familiar with some requirements, so the fee may be a

little bit scary for them,” she noted.

The deputy chair observed that to some extent it also shows commitment from aspirants and this enables the commission to facilitate election logistics promptly.

Mahiri-Zaja made said the proposed charges are yet to be scrutinised by legislators in Parliament.

She assured aspirants that with the nature of parliamentarians it may be slashed or shot down. She said once it is approved or necessary changes made by the MPs, aspirants will have no otherwise but to pay up or get disqualified from running.

The IEBC deputy chairlady urged the aspirants to remain calm as there is still room for negotiations and no cause of alarm for the proposed charges as per then. “Moreover, whatever figures the commission came up with must to go through parliament for approval,” she reminded the aspirants adding that after lawmakers give it green light, IEBC and aspirants will have no option but abide by it.

“Let me assure aspirants who are here that all is still not lost as Parliament has to approve the proposed amount of money for all candidates category including Women Representative. So, whatever amount they come up with, the Commission will have no otherwise but to buy it,” Mahiri-Zaja assured the aspirants.

Prof Maria Nzomo also appealed to the IEBC to re-consider the amount of money they have proposed for women’s representatives since majority are house-wives without jobs and would want to try their luck in politics.

She said in Uganda the fee charged is just $100 questioning the criteria and motive IEBC has on Kenyan aspirants. “We have several elective seats at one time and IEBC should not create a scenario where the electorate will question their credibility this early,” advised Nzomo.

She suggested that money should not be the last option of barring potential candidates in exercising their constitutional right and to lead people.

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Issue Number 30 • September 2012

Fear abound as election draw nearer K …By Duncan Mboyah

enyan’s new constitution is not only a historic landmark for the country but a milestone in the East African women’s rights movement.

It has opened the widest space for women’s participation in public decision making, more so through Article 27.

With the Article being legislated into law, Kenya stands a high chance of joining sister countries within East Africa in the use of constitutional quotas to advance women’s political participation.

The basic premise is that the participation of women in decision-making roles in the public and private sectors is a human right, and will lead to more equitable development outcomes.

Commitment However, women aspirants are a worried lot over the commitment on gender equality reforms within political parties and political processes in the context of the new Constitution and the coming General Elections.

They further see themselves as unlikely to participate in the coming elections freely due to lack of funds and violence that is often meted on aspiring female contestants by male opponents.

The Kenyan political scene has been dominated by men due to the patriarchal nature of the society. Women who have made attempts to enter this male dominated field have suffered ridicule, harassment, sexual based violence, humiliation and gossip aimed at maligning their engagement with male counterparts.

Life Women’s political careers for a long time have caused them suffering in both public and private life. For a long time women who spoke out against injustices meted to women were dismissed as divorcees or unmarried. There has been notable inequality in women’s political participation and representation in Kenya.

“Hidden barriers in organisational cultures, social stereotypes, lack of skills and resources, including information and time often work to undermine women’s ability to succeed in leadership roles,” said Winfred Lichum, chairperson National Gender and Equality Commission.

She observed that the ideology of gender roles is used by the patriarchal

systems as an ideological tool to place women in the private sphere as mothers and wives and the place of men in public sphere.

“Domestic sphere is considered women’s territory and they have not managed to negotiate to get to the public sphere fully,” she added while addressing a regional dialogue on women’s political leadership that was attended by 300 women in Nairobi.

She said that the dominance of men in politics, political parties and informal political structures is an obstacle to women’s political participation.

National priorities are seen from the lens of men and not women, not many women have access to decision making positions in political parties. Voting for preferred candidates also works against women candidates.

Arrangement in political parties may reinforce and further perpetuate discrimination against women.

One factor that undermines women’s political emancipation that has been enshrined in the constitution is the economic factor.

In order to participate in politics, it is necessary to have access to material resources since electoral campaigns are very expensive and women lack resources to manage campaigns.

Seats Lichuma called on women aspiring for seats in the coming elections to abandon traditional roles that have prevented them from reaching position of leadership.

She revealed that the national Gender and Equality Commission is soon launching a campaign dubbed “wise up to women leadership: keep the promise” that will aim at tackling political participation with a gender transforming perspective.

“The campaign shall call on all Kenyans and especially voters to consider women as responsible individuals capable of taking decisions and who are indispensable for their societies’ democratization process,” Lichuma noted.

However, Dr. Winnie Byanyima United Nations Development Programme Director for Gender observed that evidence suggests that women who participate directly in decision-making bodies press for different priorities than those emphasised by men.

“They are often more active in supporting laws that benefit them, their families and children,” Byanyima said.

Millicent Odhiambo, a political aspirant in Mombasa County. Though she is a minority at the Coast by being a woman, a Christian and from Nyanza, she believes that leadership is not based on those three factors.

Pictures: Carolyne Oyugi

She noted that increasing the numbers of women political leaders will assist Kenyans in achieving gender equality faster, and will also have a positive development impact.

However, Byanyima reiterated that it is important to note that women are more likely to promote such laws and policy commitments when there is a critical mass of women leaders and when there are mechanisms to institutionalise collective action, such as women’s caucuses or multiparty women’s alliances.

“It is a human right of women to have an equal voice over decisions that affect them by demonstrating their abilities and unique contributions in leadership roles.”

Byanyima noted that Kenya, like the other countries of the region, is inching forward towards equality of women and men in decision making.

She added that from research done elsewhere women’s participation in political decision-making bodies has been

“Domestic sphere is considered women's territory and they have not managed to negotiate to get to the public sphere fully.”

— Winfred Lichum

shown to improve the quality of governance.

Through their leadership in civil society, women have influenced national and international responses to major development and political challenges of the 20th century.

Since the 1990s, women have been gaining political momentum; some in senior government positions, others in parliament or serving as judges and in local governments.

This progress has been due to a combination of factors, including greater democratic consolidation in the region, recognition of women’s political rights, improved access to education and the implementation of constitutional gender quotas.

The first country in the region to pass a quota law ensuring that a minimum number of women to be elected at local government and post conflict parliament levels was Uganda (in the mid-eighties).

Quota Uganda went on to adopt a constitutional quota in 1995, guaranteeing one third of all local government seats to women and expanding the parliamentary quota. Tanzania followed soon after.

Today all countries (Uganda, Rwanda, Burundi, Tanzania and Kenya) of the region have some form of constitutional quota for women in politics. The use of constitutional or legal quotas has been found to be effective in advancing women’s political participation in other regions too – most notably, Scandinavia and Latin America.

“As the experience of Kenya shows, sustained training and mentoring of female candidates and educating voters on the value of women in politics can also have a positive impact on numbers,” Byanyima said.

She called on Kenyan women politicians to build strong partnership between the ministry responsible for gender equality and civil society organisations.

Byanyima told women to join political parties since they have space where leaders are groomed and selected to take on roles.

Kenya’s Chief Justice Willy Mutunga disclosed that he has started a roundtable in recognition of Kenya’s new Constitution which has opened a long overdue space for women to participate in leadership and decision-making in Kenya, through the provision of minimum gender quotas for all elected and appointed bodies.

He assured the delegates of his office’s commitment to justice for all, irrespective of their economic or social status, including gender, to protect and promote the Constitution.

“We are very conscious of our obligation to ensure equal access to justice for all — for women and men, boys and girls, for the rural or the urban, for rich or for poor,” he noted.

The Ministry of Justice has embarked on an ambitious programme of judicial reforms as a way to address electoral related judicial disputes and ensure that the post election violence events of 2007-2008 are not repeated.

Mutunga said that it is regrettable that over the year, in the run-up to the last elections, “we witnessed instances of manipulation, discrimination and violence against women, specifically targeted to confuse and intimidate in order to limit participation”.

“We are mindful of that and we will be working hard to ensure that women enjoy their equal rights of participation in the upcoming elections - whether as voters, candidates or as election officials,” he reiterated.

Delivering the one-third promise in Kenya Continued from page 1

under Article 81(b) will be the guiding framework to realise the promise,” said Sirleaf-Johnson.

She urged Kenyan women to work with men to support women’s political participation and also enhance the capacity of women at the grassroots level to take up leadership position.

The three day conference was attended by women leaders from Rwanda, Tanzania, Uganda, South Africa, and USA and also from across the coun-

try and their main agenda was to show solidarity with their Kenyan sisters in championing women’s leadership.

The conference also looked into details on how Kenya can achieve the two-thirds representation in leadership level and also how political leaders can effectively articulate the women rights.

The women noted that since Kenya has not healed from past injustices and more so the Post-Election Violence of 2007-2008, the Truth Justice and Reconciliation Commission be facilitated to bring Kenyans together to dialogue

and forgive each other before next year’s General Elections.

To ensure that the promise is kept, the women urged Members of Parliament to allow the amendment the constitution to make the Article 81(b) become a reality.

Dialogue The dialogue conference, therefore, agreed on building support on women’s issues from the bottom and creates new coalitions and partnerships which are stipulated to start

from the household level and tap on the rich resources of communities which can be issued to keep the promise alive.

The conference also agreed to raise awareness among the women and Kenyans in general and also build capacity of women to engage in political processes. They noted that they will work with relevant institutions namely the Independent Electoral and Boundaries Commission (IEBC), the National Cohesion and Integration Commission (NCIC) the Secu-

rity forces and the political parties so that they can be accountable to the women of Kenya.

The women agreed that there will be enhanced dialogue with key institutions in Kenya and they will start holding them accountable to the two-thirds gender principle and also monitor the compliance during the electoral process.

To comply with the Constitution, the women are urging the Executive keep the promise alive through action and in the various appointments.

6

Issue Number 30 • September 2012

Women urged to gun for more leadership positions

…By Henry Owino

T

he Constitution of Kenya sets out 47 special elective seats that women are to compete for during the forthcoming General Elections. The 47 seats appear to draw much attention among female candidates who have left men with an array of opportunities in the other five posts.

The six political offices includes; Presidency, Governorship, Senate, Member of Parliament (MP), County Representative and Ward Representatives. Presidency, governorship and senate would require deputies what is now known as running mate but a few women have declared themselves for such positions.

With the exception of Martha Karua and Charity Ngilu who are the only women to have declared their interest for presidency and just a handful of women going for elective positions, majority of women aspirants are all eyeing Women County Representative position. This is giving their male counterpart a clear win situation over them.

Crisis Critics have termed it as a clever way of creating constitutional crisis so that women can get direct nominations. According to Prof Maria Nzomo nominations will be based on political parties’ strength in the House thus number of members directly elected.

Nzomo urged women to present themselves for elective seats since they are the majority and with plenty of votes to ensure one of their own wins. She reminded female candidates that none of the seats are a reserve for men to contests for nor are they for special gender.

“There is no political office known as ‘flower seats’ all are equal with different responsibilities to the citizens. So, all the six posts are every important and with portfolio,” clarified Nzomo.

She made the remarks during the UN-Women conference at a hotel in Nairobi. She emphasised that despite the challenges women face, they must rise up for the political space to their advantage.

She urged women that instead of crying and complaining that the state is against them, they need to take up the challenges before them and confront it as nothing comes easy.

“Let me remind you that if you are out for any political office race, be prepared to be told whatever you have never been told, heard of but guess what, no pain no gain. Even from a silver platter, you must pay at the end,” cautioned Nzomo.

She reiterated it is only through political positions that women can rise to the level of fighting and championing for their rights. For instance; she pointed out that female genital mutilation (FGM), sexual abuse or assaults and gender based violence among other vices that women face have reduced due to the presence of female parliamentarians.

Women leaders attending a conference in Nairobi. They were urged to seek more leadership should not be an excuse for every woman to end positions and not only the position of woman representative. Below is a picture of Prof. up in number two or flocking for one particular seat that they are not even sure of winning.

Maria Nzomo. Picture: Henry Owino Politics may be a dirty game as it is described but one must be ready for strong opposition withShe singled out Linah Jebii Kilimo, MP Mara- political offices and have numbers in Senate and in and without the political parties divide.

Women must design their own agenda and kwet East, for her constant fight against FGM, Parliament houses.

Nzomo advised: “Women must now come out follow it to the letter and spirit if they want to former nominated MP Njoki Ndung’u now judge in the Supreme Court of Appeal for ensuring clearly and define their manifesto, sell their ideas compete smart. Nzomo urged women to interact Sexual and Gender Based Law is passed in parlia- for offices they are eyeing and plans they have for with the Constitution, know their rights, boundthe people in various regions. Time might not be aries, limitations and be well informed with elecment among others.

Women should not sit back and wait to be there in this ‘fluid political’ moment currently be- tions regulations.

“Patriarchy is very critical for women vying nominated but must stand up and negotiate for ing experienced in Kenya. So, those who are still power with men. For most issues that women bargaining whether to be shortlisted on the politi- for various seats but critical actors are also vital in have always wanted addressed in parliament cal party nomination list or vie for political offices the process,” noted Nzomo.

The issue of patriarchy is a gender and culthis is the right time and opportunity to vie for will be caught time barred.”

Many women are decamping from other elec- tural issue that must be looked at critically. For tive political offices leaving them for men yet it is instance, the present heads of parastatal, governvoters who decide the candidates they take to the ment institutions and such like offices must reflect houses. Notably women are majority of voters in a sense of gender equality. This is an issue that has Kenya and again turn up in large numbers during been well addressed in other African countries. polls compared to men. So, this will be an added Today Tanzania is an exceptional country from advantage if they negotiate for power with men. the rest of Africa that ensures human rights are “Negotiate power with men who are vy- respected. It gave space for women to open up ing for big positions like Presidency, Governors their thoughts and capacity for leadership posior Senators. Ask them to be assured of women tions long time ago. support, their deputies or running mate for that matter must be a woman. This way woman will have slots in all the political offices hence ensure This was spearheaded by Tanzania founding the one third promise in Kenya agenda,” Nzomo father the late Mwalimu Julius Nyerere who emnoted. phasized it through Ujamaa meaning equality.

Tanzania had not gone through any revolutionary change but they made it because the However, going for deputies does not mean country’s top leadership had critical actors hence “Don't cry and complain women must just be in second positions but achieving the 30 per cent quota of women in their that the state is against you, can lead and be deputized by a man. The vice parliament. versa of the political office leadership is negoHowever, the UN standard recommends 33 tiable depending on how much one brings on per cent not 30 per cent that is currently recomtake up the challenge and the table. mended by most African countries. fight for your rights.”

On the other hand, women need more time Kenya is still struggling with its baby steps to and attention due to their nature of responsibilireach there. May be in the next government it will — Prof Maria Nzomo ties and gender roles in a family. However, this be like Rwanda leading in the world.

Equality

Lead

Commissioner urges tolerance to nominations …By Ben Oroko

L

eaders and officials of political parties have been challenged to embrace transparent and democratic party nominations to ensure women get a fair chance while competing with their male counterparts to avert political violence and enhance peaceful campaigns and elections.

Party Kisii County Commissioner Lydia Muriuki said flawed party nomination processes more often than not lock out vulnerable women aspirants and degenerates into political violence during electioneering periods.

Speaking during the official closure of a two-day workshop on peace building and county cohesion at a Kisii hotel, Muriuki called for fair and transparent party nominations as well as peaceful election campaigns to

avert political violence against women aspirants.

She warned community members and politicians against sharing out county positions among male politicians and sidelining women from the political equation. She urged them to instead give the electorate a chance to decide through voting on who should hold which county position based on merit and transparent electoral process to avoid political violence which mostly targets women aspirants.

Position “I am warning the community here and politicians to desist from sharing out county positions among male politicians and excluding women as the approach may degenerate into controversies and set women supporters against those supporting their male competitors posing a security threat during electioneering process,” warned Muriuki.

She also warned the locals against perpetuating negative stereotypes against women seeking for political positions instead women should be accorded a fair chance to compete for various political positions with their male counterparts.

“With the new constitutional dispensation, communities must shed their retrogressive cultural mindset that did not recognise women’s lead-

ership potential and live to the realities that women have been constitutionally mandated to compete with their male counterparts for political positions,” observed Muriuki.

She blamed election violence on lack of civic education among members of the public, saying those who engaged in poll violence did it from the point of ignorance.

She warned the youth against be-

“ I am warning the community to desist from sharing out County positions amongst male only.”

— Lydia Muriuki

ing misused by politicians to cause chaos and political violence, especially against women aspirants during electioneering times. She advised them to instead listen to all aspirants’ visions and make informed decisions through the ballot box to avert chaos and post-election violence as the one witnessed in the country in 2007.

Event “The public should be made aware that an election is an event that comes and goes. There is need for everybody to embrace peaceful coexistence during and after elections to avert post-election violence as was witnessed in the country in 20072008 post-poll chaos,” noted Muriuki.

She asked members of the public and supporters of various political aspirants to embrace tolerance towards divergent political opinion and ideologies to disruption of their competitors’ campaign rallies and meetings.

7

Issue Number 30 • September 2012

Media must wear gender lens during elections

…By Odhiambo Orlale

A

spiring women politicians have never had more opportunities as they do today, thanks to the new Constitu-

tion.

They can now contest for any of the six elective positions which exclude the 47 seats reserved for women representatives in all the counties.

The six include three new ones created in the new Constitutional dispensation. These are the Senate, Governorship and women’s representative.

The other three are the presidential, parliamentary and ward representatives, previously known as councillors. So far those eying the lucrative seats are in their thousands and these exclude civil servants who are yet to resign from their jobs and join the race.

Obstacle

However, six months to the next General Elections, the media has been identified as one of the biggest obstacles to women aspiring for leadership positions in the forthcoming General Elections.

Participants and panellists at a recent Media-Focus organised public

forum in Nairobi expressed fears that women aspirants are likely to suffer from biased and or news blackout from the most FM stations which were accused of promoting ethnicity and hate speech on the one hand or focusing on mundane issues about sex and relationships.

However, according to National Cohesion and Integration commissioner, Millie Lwanga, politicians are now using coded language to promote hate speech and ethnicity to evade the punitive measures outlined in the NCIC Act.

Strategy

“The Commission believes in inclusion as the best strategy to address national issues and deal with them rather than giving politicians a blackout and then they go underground and cause more mayhem. Our biggest challenge now is how to deal with hate speech and ethnicity through the social media, the blogs in particular,” says Lwanga.

However, Wanjiku Mbugua of Front-Page expressed fears that there will be double tragedy for women as far as media coverage and hate speech is concerned saying that there was a need for the media to wear gender sensitive lenses as they cover the cam-

Cameramen pictured covering a function. They have been asked to be keen and cover all genders equally without favour in the coming General Elections. Picture: Odhiambo Orlale paigns and polls.

“Every day we wake up to a cocktail of ethnicity and hate speech in the media,” Mbugua lamented saying that her organisation had received reports that most journalists working for vernacular FM stations have been “embedded in ethnicity” and are no longer balanced, fair and ethical in their reportage.

The above concerns over ethnicity and hate speech raised at that forum are already being monitored closely by a task force formed by the Ministry of Information, as stated by the director of Information, Mary Ombara.

Culprit

Social media is the biggest culprit so far followed by vernacular FM stations, most of which are owned by politicians.

Indeed, the stakes in the forthcoming polls will be very high, what with the KSh1 million monthly send off package for MPs in addition to other perks and allowances. It is encouraging to see the large number of women who have declared their interest in the elec-

tive posts which are all up for grabs.

The current Parliament, the Tenth since independence, close to half a century ago has only 22 women MPs out of 222 members, while neighbouring Rwanda has a ratio of 56:44. It is also laudable that most of the 22 have announced that they will be seeking bigger seats, with two of them, Martha Karua (Gichugu MP) and Charity Ngilu (Water minister), saying they will go for the top and most powerful seat on the land.

The sky is the limit and as the US President Barack Obama said in his 2008 elections campaigns, even the Kenyan women can match forward in confidence saying: “Yes we can!”

Affirmative action clause in the new Constitution is supposed to address the hurdles that have been put in the way to block women from seeking elective posts in the past.

Violence

All sorts of tricks under the sun were used to lock women out of politics, including violence, mudslinging; harassment and corruption. In

Eastern Province, a woman candidate was roughed up in public and her hair plucked out by her rival’s hired goons on the eve of the 2007 polls, while in Nyanza, a woman candidate was blocked from leaving her house to campaign by her rival’s hired hit squad.

Last month, Nominated MP, Sofia Abdi, revealed during a TV talk show that she was “rigged” out of a parliamentary seat by former President Moi, after she won the Kanu nominations on the strength that he could not allow a woman to vie for the seat because it was against Somali culture! She is not turning back, and is eying elective posts in her backyard in North Eastern province.

She is just one of the many women who are ready to hold her head high and demand for her rights, and she should emulated by her sisters far and wide.

This is where the media should support women aspirants by highlighting and giving them a voice and a place in their publications and/or TV and radio bulletins.

Beijing and beyond, what it all means for women …By Duncan Mboyah

I

n the Beijing Platform for Action, the world’s leaders committed to set a target of one third of seats for women in national parliaments. This target, which was intended to be a floor and not a ceiling, was set more than a decade ago and, despite progress in some countries, the world has not reached it yet.

The latest statistics from the Inter-Parliamentary Union show that as of August 2012, globally women still hold only 19.8 per cent of seats in both houses of parliament combined.

Low Although the dust has since settled since the historic Beijing meeting, representation of women in political positions in Kenya is still very low compared to other countries in the region. Currently it stands at 9.9 percent against Rwanda at 56.3 percent, Uganda 35 percent, Burundi 30.5 per cent and Ethiopia and 27.8 percent.

Article 27(4) of the Constitution of Kenya

2010 prohibits direct and indirect discrimination against any person on any ground including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.

Discrimination The law further provides for the affirmative action to redress any disadvantage suffered by individuals or groups because of past discrimination. In addition the law clearly provides that not more than two-thirds of members of elective or appointive bodies shall be of the same gender.

“The principle must become a fundamental pillar of the electoral system in the run up to the elections of 2013,” said Dr Aeneas Chuma, UNDP Resident Representative and UN Resident Coordinator.

He noted that it will be important to ensure that quotas are met through the application of gender-responsive electoral arrangements, support to women candidates, and the assurance

of political will at the highest levels of political parties and government to overcome the gender imbalances in Parliament.

Chuma reiterated that as the country prepares for the 2013 General Election, enabling laws need to be implemented to ensure that at least one-third of women are elected and appointed to key decision-making institutions as required by the Constitution.

“Strong leadership, financial backing and consistent monitoring and inclusion of gender aspects into laws, policies and programmes are needed for the implementation of the gender gains in the Constitution and the respect for the international agreements,” he noted.

Security At the same time Police commissioner Mathew Iteere assured women leaders that security will be beefed up during the campaigns and after general elections.

Iteere observed that even though the number of police expected to monitor elections are

few, efforts are being made to enjoin the prisons officials, National Youth Service staffs and the Kenya Wildlife Staff during the process.

However, he called on members of the public to remain alert and inform the police of any act that threatens the peace of the country adding that incidences like what happened in 20072008 has to be avoided at all costs.

Inclusion The women leaders told governments, civil society and international agencies to challenge and support parties to be more inclusive and accountable to their voters, both men and women.

UNDP recently launched a publication that showed good practice of political parties which successfully fostered reforms to promote gender equality with examples from all over the world (including Rwanda and South Africa).

They urged the government to reaffirm its political commitment on gender equality as per the Constitution of Kenya 2010, specifically on the Affirmative Action.

8

Issue Number 30 • September 2012

A constitutional crisis in the making M …By Grace Maingi-Kimani

any Kenyans do not know that come the 2013 elections we may not have a Parliament in place.

There is a high likelihood that the Parliament elected after the 2013 polls will be declared unconstitutional because a key principle of the electoral process would have been flouted.

On the August 4, 2010 Kenyans overwhelmingly voted in support of the Proposed Constitution of Kenya, 2010 after over 20 years of constitutional reform processes. The promulgation of the Kenya Constitution, 2010 was marked with great excitement and anticipation by all groups in Kenya and especially women due to the numerous gains within the Constitution on issues pertaining to human rights, participation in decision making, gender equality and the devolution of power.

Gains One of the key gains for women within the Constitution of Kenya, 2010 pertains to the recognition of the principle of gender equality as a key national guiding principle and value. This includes provisions securing the opportunity and guaranteeing effective representation of women by women. Article 81(b) of the Constitution of Kenya, 2010 states that ‘The electoral system shall comply with the following principles – not more than two thirds of the members of elective bodies shall be of the same gender.’

This provision is a principle of the electoral process meaning that it is a fundamental pillar of the electoral system.

Many people question why it is necessary to have at least one third of women in positions of authority. The answer is simple — a democratic nation has to have a government of the people, by the people, for the people. All elective bodies must, therefore, be an image or mirror of the society they purport to represent.

Stranger Looking at our current Parliament, a stranger would be forgiven in making the following conclusion; “Kenya is comprised of a 90 per cent male population; with a paltry populace of youth and certainly no persons with disabilities.”

Such a stranger would go ahead to report the mystery of how the country populates with such a small percentage (10 per cent) being women. “Where did all the women go?” they would inquire.

The point to be made here is that Parliament is, and must therefore aim, in as much as possible, to mirror and reflect the face of Kenya. As per the 2009 Kenya Population and Housing Census, women comprise slightly over 50 per cent of the country’s population. It is, therefore, quite reasonable to suppose that not more than two thirds of members of an elective body should be of the same gender. In fact this is not a foreign concept and is entrenched in our Constitution which in Article 94(2) states, Parliament manifests the diversity of the nation, represents the will of the people, and exercises their sovereignty.

Representative When it comes down to it, if one were constrained to give a simple answer, the reason why we must have women in elective bodies and certainly the reason for representation is this; ‘My representative must look like me’.

Unfortunately, the Constitution of Kenya, 2010 does not provide a mechanism that will ensure that Kenyans elect at least one third of women. All attempts to have a mechanism introduced through legislation have failed to pass through the current Parliament hence the current dilemma.

Let us get into the numbers — as per the Constitution, the National Assembly will be made up of 349 Members of Parliament (MPs) excluding the speaker. Out of the 349 MPs, 47 will be women from women representative seats. As one can clearly see these seats do not fit the constitutional requirement of at least one third being women.

Out of the 349 seats, 12 are nominated seats and as per article 90(2) (b) of the Constitution at least

Parliamentarians sit in the old chamber of parliament deliberating in matters of importance. Unknown to them, there is a likelihood of not having a sitting next year after the General Elections due to a failure to elect legislators as enshrined in the constitution. Picture: File photo six of these seats will be taken up by women but even if we add these to the 47 women representative seats they still fall short of the one third rule. This means that for the one third rule to be met, at least 116 MPs must be women. Therefore, apart from the nomination seats and women representative seats, Kenyans need to elect at least 63 female MPs. Historical voting trends evidence that the Kenyan electorate has voted in an average of only three percent women representatives of the collective total houses (parliament) from independence to date. The highest percentage of women representatives per house ever voted in was eight percent in the 2007 General Elections.

Based on current trends and a high dose of optimism, a General Election conducted right now might deliver a 10 percent of elected women out of the 290 constituencies meaning 29 female MPs. Based on history, voting patterns and the external environment, such a turnout and eventuality is least likely and it would be unwise to wait upon it at the risk of a constitutional crisis.

In the past women have been disadvantaged in their quest for political office and have faced a number of challenges because of their gender.

These challenges have ranged from lack of financial and political capital, patriarchal society and political parties, cultural traditions that bar women from speaking in public leave alone taking up leadership roles, violence based on their gender and threats to themselves and their family, just to name a few. These challenges have made the political field uneven for women to compete on and also difficult for women to freely vote for other women.

Crisis The Constitution has not envisaged the eventuality of an improperly composed Parliament.

The import or description of this constitutional crisis is real and tangible; a government cannot legitimately exist without one of its three arms.

All sovereign power belongs to the people of Kenya and is delegated to Parliament along with the Executive and the Judiciary. This sovereign power may only be exercised in accordance with the Constitution and it is this final ingredient together with the requirement of the two thirds principle that will certainly result in a constitutional crisis.

If the newly elected Parliament does not have

at least one third female members it will fail to meet the constitutional test and fail to have any authority. A Parliament without authority will fundamentally hamper the governance of the country and cripple the other arms of government. If Parliament is composed unconstitutionally then all the other arms of government will be paralysed and unable to perform their functions as envisioned in the Constitution. County governments will also be unable to operate as they shall neither have resources or the authority to operate.

It is, therefore, imperative for a formula to actualise the two thirds principle be enshrined within the Constitution. The Constitution of Kenya (Amendment) Bill, 2011 proposes a workable mechanism to achieve the two thirds principle as envisaged by the Constitution. The Constitution of Kenya (Amendment) Bill, 2011 states that after the elections are conducted and the two thirds principle is not met, women (or men depending on the lesser group in the Houses) shall be nominated by their political parties through pre-determined party lists, to the Parliament to make up for any shortfall.

Nomination This mechanism is exactly the same envisioned for the County Assemblies, it builds on the principle of nominations that we have had and continue to have in the new Constitution and is the most palatable to all interested parties as other mechanisms have been considered and disregarded.

Further to this it is important to note that this amendment will only be utilized as a fall-back option. This is to mean that, should the electorate vote in women sufficient to satisfy the two thirds principle then this mechanism will not be called into play.

Concerns have been raised at to the likelihood that this amendment would open the floodgates for other constitutional amendments.

As one considers this one needs to remember that the Constitution provides a high threshold for all constitutional amendments and that this amendment is being proposed to enable Constitution to be effected. Other concerns have cantered on the possibility of a bloated Parliament, this fear should be put to rest as the highest number of persons to come into Parliament through this mechanism, if no women are elected for the 290 constituency seats, is only 93. One other con-

cern is that this mechanism will leave the number of MPs as indeterminable. This is not the case as elaborated above. In the worst case scenario the new Parliament will have an additional 93 women if no single woman is elected for the 290 constituency seats, a scenario we do not envision if political parties play their role in allowing a fair contest at the nomination stage.

Another concern raised is that these positions will be taken up by women who are girlfriends, wives and daughters of political kingpins. The Constitution and other electoral laws have dealt with this situation by ensuring that each party has nomination rules and that the party lists are known before the election.

Therefore, if a party has a list that is unpalatable to the public, the public will simply not vote in that party.

Another concern that has been raised is that there are no women to take up these positions. This is quite contrary as a large number of women have declared their candidature and in fact a number of opposing candidates are busy de-campaigning women within their constituencies by hoodwinking the public that women already have their special seats and should not vie for other parliamentary seats.

Kenyans should be encouraged to understand that women can be leaders and therefore elect them into office.

The Constitution of Kenya (Amendment) Bill, 2011 has been introduced to Parliament, undergone public participation and is awaiting the second debate. What is needed now is the passing of the Amendment by no less than 146 MPs.

Threat It is prudent for Kenya to avert the impending constitutional crisis before the upcoming general election. Any perceived or real threat to the further enhancement of democracy in Kenya will not only shake investor confidence in the country but fundamentally raise questions within Kenyans minds as to the suitability and foresight of not only our current Members of Parliament but all the arms of government including the Judiciary and especially the Executive. A workable and best case scenario mechanism is available to avert this crisis and all Kenyans must come together to support it and guarantee their continued sovereignty.

The writer is an Advocate of the High Court of Kenya and Executive Director of FIDA Kenya.

9

Issue Number 30 • September 2012

Wind of change as Wajir embraces women …By Abjata Khalif

S

eason of political negotiation, dialogue and power sharing necessitated by new devolved system of governance has set off flurry of activities and communities meetings in all 47 counties of Kenya.

Equally not left behind are pastoralist communities residing in arid and semi-arid area gripped by lack of development and a high level of insecurity, high illiteracy level and conservative cultural beliefs that hinders good governance and full community participation in local governance system.

The new dispensation has seen rival clans going back to drawing board and moot power sharing plans that are discussed and negotiated with other clans and indigenous communities residing in the region known as ‘’corner tribe’’.

Agenda The devolved system comes with women representative in all counties and that has placed a new agenda to community negotiation, dialogues and meetings and also going further in availing new frontier to conservative cultural belief by Somali community on leadership and role of women in the society.

Somali being a patriarchal society is dictated by traditional decision making systems that are commanded by elders and they set cultural and community agenda on mundane issues affecting the communities.

The system is not new to women leaders who have tried to break jinx of the traditional system and participated in local electoral process albeit without success and with many challenges like name calling, dismissal by her clan and dispersing of woman candidate’s rallies. They also face abuse from other women who view them as outcasts for challenging community order of systems. The elders also threaten the women candidates with curse as their quest for political leadership will bring untold calamity and unspeakable tragedy to the community.

Role The traditional system has given all facet of the society role to play in various activities and communal responsibility. The pastoralist women are labelled and recognised by the system as

good family keeper. Their main responsibility is giving birth to children, looking after calves, milking livestocks, hawking milk in the market and attending to family chores.

However, leadership and issues pertaining to communal decision making are left to elders through the traditional systems to decide on matters, coming up with cultural, communal edicts and even decide who is to go for which elective posts and in which areas.

Such decisions made by the elders has affected political landscape in northern Kenya and even traumatised and affected women champions who came out in seeking leadership role despite overwhelming conservative orders and atmosphere.

Such woman champion is Rukia Subow, the current Chairperson Maendeleo ya Wanawake Organisation. Subow is an astute defender of women’s rights and freedoms in northern Kenya.

Subow who hails from the former Wajir East Constituency in Wajir County has fought a long battle to put local women in local decision making structures. She has also motivated

them into seeking leadership positions. She has encouraged women to apply for administrative jobs within government like being chiefs and sub-chiefs, something that has been treated as a preserve of men as dictated by the traditional system.

Elders

Subow ventured into a bruising political battle with then political titans who enjoyed elders support and when her clan arranged for the elders meeting to decide the community torchbearer for the Wajir East parliamentary seat, she was warned not to challenge the elders’ decision and refrain from attending the meeting as it was for the elders only and male candidates affair.

Subow went against the tide and led both women and male supporters to the meeting venue in Tarbaj area of Wajir East and demanded to attend the meeting and present her application.

Things were not rosy as elders entered into endless stormy consultation to decide if she can attend and present her application and receive blessings from the elders’ meeting.

Other elders protested and walked away while majority remained and agreed that she can attend and present her paper thus breaking the male only dominance of the system and putting women’s political quest in conservative traditional system.

Young Muslim women aspiring to capitalise on the wind of change that now allows women to contest political seats. Picture: Abjata Khalif male and female and we went to Tarbaj to demand for her inclusion in the meeting. First I was worried that our plan will not materialise and she will not be allowed into the meeting,” recalls Hassan. She adds: “I was shocked to finally see her going into the meeting, and present her application for Wajir East parliamentary seat amid tension that filled everywhere.”

“Subow syndrome made other women like her namesake Rukia Abdile locally nicknamed “Rainbow [for her bold move of sweeping the Laghboghol civic seat into victory against the powerful former civic leader ], to snatch the civic leadership post and taking women’s agenda in the civic body that is male dominated.”

Counties

The civic leader Rukia “Rainbow” also encountered many challenges as her community through elders pinpointed the long serving civic leader to take the mantle while her application was not considered by her clan.

However, this did not deter her as she went ahead and campaigned with women and youth in the constituency and also within Laghboghol civic ward.

She received massive local support from various businessmen splashed money to entice women and youth in vain.

Rukia “Rainbow” was elected a civic leader beating her ri-

Her bold move was matter of discussion, debate and brainstorming by women from other constituencies in the counties and that build their resolve in gunning for political seats and administrative post.

Hassan remembers Subow’s bold move sent a strong message to other women and it also acted as a pace setter. The initiative motivated one woman activist from Laghboghol area of Wajir West to gun for civic post which was a preserve of a male candidate enjoying political patronage and massive support from business people.

Clan

Supporters

Rukia Abdille – she has encountered many challenges from the elders.

Fatuma Hassan a key supporter of Subow remembers how the national women’s organisational leader mobilised her supporters and marched to the venue and how she was enticed with community’s blessing so that she can drop her ambition but all in vain.

“I remember how she mobilised her supporters both

Rukia Subow – Ventured into political battle with elders to help create space for women.

val with huge electoral margin.

However, the new Constitutional dispensation has seen elders furthering the Rukia Subow syndrome by discussing women representative positions in all their elders and clan meetings.

The new Constitution brings with it new political life that has opened avenues to senatorial, gubernatorial and women representative aspirants to present their paper.

Such meeting was held by populous Degodia community of Wajir and they decided on above mentioned positions and agreed to give Ajuran community the senatorial post while Ogaden takes the deputy governors post and some assembly members.

Votes The Degodia meeting picked Maendeleo ya Wanawake boss as the women candidate for Wajir County women representative post after garnering majority of votes from the traditional system that once erected road blocks on her quest to clinch Wajir East parliamentary seat.

The elders have also acknowledged receiving fillers from various women candidate keen in contesting other seats other than women representative seat and they have decided to open space to any candidate irrespective of gender.

According to Abey Duntow, who is an elder: “We have finalised negotiation on many positions like senatorial, gubernatorial and women representative and we are going for other posts like Member of Parliament and ward representative and this time round we are keen to receive application from everybody including women candidates.”

10

Issue Number 30 • September 2012

Women urged to use sports and culture to enhance peace …By Ben Oroko

G-10 calls for special division to handle court cases of property rights

A

s the country gears up for the forthcoming transitional General Election, women from the Gusii community have been advised to use community sports and cultural events as tools for fostering peaceful co-existence among local community members and their immediate neighbours.

United States International University (USIU) International Relations lecturer, Dr Abel Keyoru, who is aspiring for Bobasi Parliamentary seat in the forthcoming transitional general election, has launched an annual sports and cultural festival in the constituency.

This is part of the concerted efforts to mobilise local communities, particularly women and the youth to take charge of peace building at community level to avert animosity and tension among members who subscribe to divergent political opinion during and after the general elections.

Speaking during the launch of Bobasi Sports and Cultural Festival at Sameta Stadium, Bobasi constituency in the Kisii county, Keyoru said that women play a leading role in peace-building initiatives at family and community levels.

Sports He encouraged them to use sports and cultural events at community levels to preach and search for peace as the country prepares for the forthcoming transitional General Elections to avert post-election violence as it happened in 2007-2008.

“Through experience, I am convinced the only ambassadors of peace who we have always ignored are women, yet when the country experiences chaos and conflicts they are the ones who suffer most and with their children,” Keyoru said.

He challenged women “to use sports and cultural events at community levels to preach peace and coexistence among community members as the country gears up for the forthcoming transitional General Election”.

Events Kenyoru observed that sports blended with cultural events are some of the important tools that women should exploit to facilitate them initiate peace building campaigns in their immediate communities, before such initiatives are rolled out to the immediate neighbouring communities and the whole country.

He challenged the youth and women in the region to take a leading role in tapping their potential in sports talents to empower themselves economically and enhance cohesiveness in the society and the country.

“Local community members, especially women, should actively participate in the community sports and cultural events,” Kenyoru noted. He observed that these are meant to cement relationships and build trust among local community members.

Unity “As the country heads towards the forthcoming transitional elections, sports and cultural events meant to unite the local community members should be intensified, to enhance trust and co-existence among local community members, who more often than not get tempted and divided along political parties affiliations,” stated Kenyoru.

He said that communities or members, especially women and the youth who interact through sports and cultural activities, build trust among themselves and such initiatives avert community conflicts witnessed during electioneering campaign periods.

Singling out the youth as the most misused group during election campaigns, Keyoru challenged young people to embrace issue-based politics and avoid being misused by politicians to cause chaos during campaigns.

“Our country has come from far in terms of democracy and socio-economic development gains.

Such gains are meant to shape the future of our young people and it is through keeping peace that the youth will enjoy the benefits of the country’s gains,” observed Keyoru.

…By Jane Godia

M

embers of the G-10 recently paid the Supreme Court a courtesy call which provided them with an opportunity to chat with the Chief Justice Dr Willy Mutunga.

During the unprecedented meeting, members of G-10 raised concerns over the issue of access to justice for women and their right to land and property.

The women who were drawn from African Woman and Child Features (AWCFS), Centre for Rights Awareness and Education, Coalition on Violence Against Women (COVAW), Development Through Media (DTM), Young Women Leadership Institute were also joined by a team from the United Nations Women.

Division The women appealed to Mutunga to set up a special division within the High Court that will deal with the issue of women’s property rights. They reiterated that the Chief Justice’s support was important because it is the Judiciary that is the most progressive arm of reforms.

The G-10 members expressed concerns over the issue of violence against women.

They reiterated that cases of violence against women must be top most in the Judiciary. The issue of women inheriting land and property as stipulated in the new Constitution has not gone down well among many communities that are highly patriarchal. Because of this, there are many other new forms of violence against women being seen and judges and magistrates must be keen on this.

According to Wangeci Wachira, Executive Director CREAW, the Constitution has given women hope over their property rights because they can now go to court to seek redress.

Redress “Women can now go to court to seek redress when violation occurs because the message coming out is that there is a place for people to go to for justice,” noted Wachira.

However, she regretted that many bills are still pending in Parliament especially those that women hold dear such as the Marriage and Property Rights bill and hoped that they would be fast tracked.

The G-10 team noted that even with frameworks in place, patriarchy and impunity were making access to justice for women to be a challenge. They also regretted that matrimo-

Members of the G10 in a photo session with Chief Justice Willy Mutunga in his office after paying him a courtesy call. The women leaders called for the formation of special division within the court system to handle property rights. Picture: Jane Godia nial cases were taking too long and needed to be fast tracked.

“What will it take for women’s rights to be a reality?” posed Anne Njogu, chair person at CREAW. She noted: “Women are dying because they have asked for their property rights.”

Mutunga noted that there is a lot of criticism on particular issues pertaining to women.

“Reforms are being critiqued and as they start implementing them the G-10 can review the reforms and come up with suggestions,” the Chief Justice explained.

According to Mutunga, unless the country grows strong movements all around, the Constitution may not be implemented.

“There are many forces fighting against implementation of the Constitution,” Mutunga reiterated. He said: “I fear the issue of women’s right in the Constitution will never be effected if movements are not formed around it and awareness created among judges on the resistance.”

Unit Mutunga noted that the Judiciary is now working towards creating its own police unit that will enable it to have a gender sensitive team that can implement orders from the courts. This, he said after the women expressed concerns by citing the case of Phillip Moi, the son of Kenya’s former president Daniel Moi who has continually defied court orders. They noted that his case was one of the most glaring show of impunity with no legal consequences whatsoever.

During the discussions, the women noted that the courts are actually a laughing stock when court orders are not respected. They agreed that this was because of the resistance to reforms even within the corridors of justice.

Mutunga urged the G-10 to pick a specific area of concern and focus on it. “The G-10 can focus on resistance to the issue of women and property rights,” he advised.

It was from this discussion that the G-10 asked the Chief Justice if he could help in establishing a special division that would handle cases of women and property rights.

“The specialised division would set a bar for cultural change by fast tracking cases related to women, land and property rights,” noted Njogu.

Her sentiments were echoed by Saida Ali,

Executive Director COVAW who noted that even within the specialised division the staff there must be of a similar mindset and sensitive to women’s rights.

The G-10 noted that when women seek justice guidelines and systems must meet human rights.

Mutunga, however, said that this would work better if the G10- wrote to the Judiciary about what they would like. He said: “We are fast tracking cases by asking people to write to the Judiciary.”

System The G-10 was concerned about how the Judiciary was going to collaborate with the traditional systems which were patriarchal and did not respect women’s human rights.

They noted the importance of strengthening the traditional systems through the Judiciary. However, Mutunga advised the G-10 to seek an audience with the councils of elders and let them know that they are carrying on in a way that violates the Constitution.

“The G-10 needs to sit with the elders and tell them what the Constitution says to which they must abide to.”

Violence against women during election time was also raised. The Chief Justice noted that even as the country is headed towards elections within the new constitutional dispensation, the Judiciary’s priority is fair and peaceful elections.

Violence The G-10 expressed concern over fears of violence against women during the forthcoming General Elections.

Notably, this meeting preceded reports

by FIDA-Kenya, which affirm that women continue to face significant degrees of marginalisation in their workplaces.

According to grievances that FIDA is pursuing on behalf of women from various parts of the country, women in both formal and informal sectors have had their job opportunities terminated because they were pregnant. This goes against the spirit and letter of the Constitution, and is yet another indicator that it is highly significant women of Kenya continue to engage with the Judiciary, in working towards a society that is free of gender discrimination.

11

Issue Number 30 • September 2012

Women’s role in peace building is laudable in Kenya’s healing process

…By Robert Wanjala

T

he Bible refers to them as weaker vessel yet they poses special gift. Women and children are always the victims caught at the centre of violence. Since time immemorial they have formed the first casualty of violence without choice.

While some have demonstrated their bravery through playing the frontline solders role, others have courted violence by way of celebrating their husband’s war or attack victories – case of cattle raids where women ululate and stage undignified dance in celebration for their males’ conquest.

However, while they remain both the victims and perpetrators of any aggression in society, the United Nations landmark resolution 2000 affirmed the crucial role women play in “preventing conflicts, participation in peace negotiations, peace-building, peacekeeping, humanitarian response and in postconflict reconstruction and stresses.”

When Kenyans descended at each other in 2007, many women and children become the victims of the interethnic violence that had never been witnessed before in Kenya’s post-independent political history.

Reconciliation Most women were either gang raped, maimed or brutally murdered.

The gruesome tales of the suffering meted out on women and children were the most inhumane experience against mankind yet they have found hearts to forgive forget and reconcile for national development and future posterity.

Mrs. Ann Kathoni Kandie is one such big-hearted widow. Kandie witnessed the foulest murder of her husband on first of January 2008 after the violence broke out following Mwai Kibaki and Raila Odinga presidential power struggle.

Her husband was killed in her presence in retaliatory attacks by her fellow Kikuyu tribesmen against Kalenjin community. Kandie’s husband was a Kalenjin living together at the sprawling Munyaka village on the outskirts of Eldoret town. The village is mainly occupied by Kikuyu community.

About five years today, Kandie says she has forgiven those that murdered her husband and only looks at everyone as brother and sister created in the image and likeness of God. She is a peace and reconciliation Ambassador in the North Rift region – area perceived to be the epicenter during the post election violence in 2007/08.

Initiative Kandie does not take lightly even the very smallest differences between kids as that could elicit and escalate into violence pitying the parents of the children, she says.

She is one woman working with other women in the region to fight poverty through income generating community initiatives. In many forums she attends she admonishes her fellow women not to succumb to the divisive whims from anyone including their own husbands as such is what will bring this country down.

She has been at the front line pushing the government to speed up resettlement exercise of the victims of PEV before the next election March 4th 2013.

“Government should speed up

Uasin Gishu County Governor aspirant Vesca Kangogo sits next to a Post Election Violence Victim in Yamumbi IDP camp. IDPs are yet to be resettled almost five years after they were ejected from their homes at the height of 2007 post election violence sparked by a disputed presidential poll. Picture: Robert Wanjala resettling process to allow people integrate so as to participate in the coming polls. These people were uprooted from their lands and therefore the government should take them back without any further delay,” she adds.

While adamant on whether she will vote in the next elections, Kandie however says the Country could plunge into the abyss of violence unless political leaders learn to practice what they say.

“Unless Kenyans especially politicians eternalise the fact that our diversity does not mean weakness but the very bricks and mortar upon which to build and hold this country up to prosperity,” she adds while urging Kenyans to vote in visionary leaders who have the interest of people at heart.

She however, criticised the recent County peace forum saying it fell short of its objective. To achieve peace and reconciliation all stakeholders must be take part in dialogue.

Approach “How such important meeting could be organised privately with only a handful of PEV victims factored in while the rest of participants are accomplices of the organizers,” Kandie alleges adding that country will never heal with such selective approach to peace building.

The County peace forum received criticism by among others a section of human rights groups saying it did not consult adequately. Among other key peace building stakeholders, media allegedly were left out.

However, Eldoret West District Commissioner Christopher Wanjau refuted the allegation saying it was impractical to invite everyone because all people are stakeholders to peace making process.

Wanjau says the government was putting in place structures that will cement peace initiatives to help forestall a repeat 2007/08 violence. The DC says

that it’s the Kenyans who lose should they engage in any form of violence.

“Eldoret town is witnessing tremendous growth by way of investments, business opportunities and expanding markets. This confirms that indeed people have confidence in peace initiatives that are taking place here the region. We encourage all people more so the youth to shun violence to sustain the good business environment which is being witnessed in the run up to general election,” the commissioner adds.

Kandie is not the only woman putting up a fierce fight to see peace and reconciliation rooted ahead of 2013 general election. About 41 kilometers, East of Eldoret Mrs. Esther Chelula is an hotelier at Burnt Forest.

Chelula or Mama Leah as she is fondly referred to by her customers from diversity backgrounds says that her business will be no where without people coming to eat there.

“As business woman without peace I will not be in the market. I preach peace to everybody and all that cares because I need people to earn a living just as they need my services. We are not an inland to ourselves we need one another in our lives,” Chelule reiterates, while stretching out her hand to serve a customer.

Although she was never affected directly by the violence that rocked Burnt forest area, her relatives, friends, innocent women and children suffered and as mother with children the experience was overwhelming and painful to her.

In a bid to support integration efforts she has employed different tribes in her business. This way she says will help to nurture good relationship among communities.

Florence Njeri agrees with Chelula saying employing people from all communities is critical for national cohesion and development.

Njeri is a field coordinator in Burnt

Forest working with Catholic Justices and Peace Commission. Njeri says she works with different groups on peace initiatives initiated four years ago to reconcile communities living within the area.

CPJC was constituted to spearhead peace and reconciliation process at the height of post election violence in Rift Valley. Among the activities Njeri coordinates include working with various women group in implementing CPJC projects aimed at bringing communities together to fight their common enemy; poverty.

She oversees three groups of men, women and youth. Through a bottom up approach, each of these groups works toward overcoming common problems that affect them at their level.

For instances, the youth who form the largest population of all the groups are engaged in income generating activities to eschew them from idleness that could plunge them into anti social behaviors. They have just finished constructing a bridge that will now help them take their farm produce to markets, Njeri adds.

Women in the area have been empowered and are helping their fellow women and men improve their family incomes and beat poverty goodbye.

Unequal distribution of resources, high unemployment rate and land historical injustices were blamed for the last election violence in which over 1,300 people were killed, about 300,000 displaced and property worth millions destroyed.

While the reconciliation efforts are yielding fruits the government and other peace actors should dig deeper to address the underlying issues to avoid future unrest.

Process “Peace and reconciliation can only be achieved by clearing internally displaced people from the camps. The slow resettlement process of IDPs is doing

injustice to the gains of peace and integration and these are the issues we are pressing the government to address in order to have a free and fair election,” Ms. Nancy Koech observes.

Koech who is a programme Coordinator at Mercy Corps says unless the government moves with speed to resettle all the IDPs still in various camps, tackle unemployment for the youth and look for ways to balance resource and economic disparities, peace will remain shallow and the country could explode into violence again.

“Peace is not only when there is absence of war. Unemployment and imbalance distribution of resources and economic disparities are all potential factors that lead to strife, Koech reiterates.

By and large women in Rift Valley and beyond have taken the leading role as the agents of change.

Caution Kandie is just one among many women demonstrated remarkable strides; first by refusing to bear the stereotype brand as ‘war victims’ to the crucial role of peace making than men.

After all its women who played the active role right from stopping conflict to peace building in Rwanda and Liberia wars.

12

Issue Number 30 • September 2012

Ganze women shy away from elective seats

…By Yusuf Amin

R

esidents of Ganze Constituency have expressed fears that they may not be able to meet the two thirds gender representation in the forthcoming the elections as there are no women seeking for elective positions from the region.

They lamented that no woman in the area has shown interest in vying for any elective position in the area unlike other constituencies in Kilifi County where women candidates have declared interests and are already campaigning for the various positions.

Led by nominated councillor Grace Mboja, the residents urged women to come out and fight for leadership positions in line with constitutional provisions.

“Women must also attend civic education forums so that they can be enlightened on matters concerning leadership and governance as explained in the new constitution,” Mboja advised.

Women in the constituency have been sidelined for a long time due to retrogressive cultural Women have all along been known to be good singers and practices that deny them their entertaining guests. Unfortunately they are unwilling to rights. Mboja urged the residents contest for seats in Ganze. Picture by Yusif Amin to shun practices that continue to derail women in their bid to asnised well in the society so that of leadership can be addressed cend to leadership.

‘Women should be recog- challenges facing them in terms to enable participate in develop-

Rose Mitaru

ment in the area,” noted Mboja.

She spoke as Kaya and village elders challenged women to come out and seek support for elective positions.

Elders from Kayafungo in Kaloleni District led by Mzee Thayari Bigohu have promised to support women candidates during the forthcoming elections.

“Traditions that bar women leadership should be abandoned so that women can be free to participate in decision making in the modern society,” Bigohu reiterated. “We should clearly state the qualities of a good leader and the community should not undermine women who vie for elective

positions,” Bigohu said during a forum for good leadership in Kilifi County held at Kaloleni.

The Kaya elders urged male leaders to support women who have been in the forefront of fighting for people’s rights so that they can win seats during the next general election.

In Magharini and Kaloleni constituencies women are already campaigning for elective positions among them Naomi Cidi and Patience Chome who are vying for senator’s seat. Others are the former Gender Permanent Secretary Rachael Dzombo who is vying for the Kilifi South MP and Sophie Kombe who is aspiring for the same seat.

Coming with a wealth of experience to effect change in Embu County …By Faith Muiruri

R

ose Rwamba Mitaru will not relent in her quest for leadership. She is among candidates slated to compete for the Women Representative seat in Embu County.

Her fortunes are highly pegged on her ability to marshal support from the cosmopolitan community largely drawn the Kamba, Aembu, Kikuyu and Mbeere communities in the county.

Her political prospects are likely to be determined by her constant participation in development activities in the county and she has been able to initiate water projects and assist women groups in the area register with the Department of Social Services.

Mitaru who is not new to the community has managed to endear herself to the locals and her development track record could this time round reward her for the post of a Women’s Representative.

Projects The groundwork she has done by initiating development projects, sponsoring needy students and football tournaments are some of her strong points.

Mitaru also chairs several boards in schools and is synod leader of Anglican Church of Kenya (ACK) Diocese of Mbeere.

Her candidature is also likely to receive a major boost from the church where has she helped to raise funds to assist in the construction of the Mbeere ACK Parish.

“My primary concern is to promote education, health and eradicate poverty in the area to standards outlined in the Millennium Development Goals,” she explains during the interview.

Mitaru intends to push for the construction of viable health facilities at the county to ensure that women seeking maternity care access health facilities with ease.

“The county lacks health facilities and women are the hardest hit especially due to lack of maternal facilities. Maternal mortality remains high in the county due to limited access to maternal health care and reproductive health services,” she says

adding that good healthcare facilities and services translates to productivity among women.

According to Mitaru, the Embu Provincial General Hospital is ill equipped and patients sometimes have to go all the way to Kenyatta National Hospital in Nairobi for specialised treatment.

She says that once elected, she will use the Millenium Development Goals (MDGs) as a guide to initiate development in the County to enable the region compete effectively in the national arena.

She believes that the area is very rich and can provide cheaper healthcare if they tap on the unexploited resources.

“Free healthcare for women and children is possible and that is one thing that I will push for,” she notes with surety.

Mitaru who previously worked as a Programme Officer with the United Nations comes with a wealth of experience having worked with several women’s groups under the project to implement numerous projects that have had remarkable impact in the community.

“I have worked with different women groups to bring change in the community by initiating income generating projects that have helped them to become self reliant,” she reiterates.

If elected she will employ an inclusive approach and promises to restore the community’s role as active participants in development as a large percentage of them have been reduced into mere spectators in the identification and implementation of projects.

The county, especially the Mbeere area still reels in poverty with recurring food shortages in some areas, poor road network, lack of electricity, poor infrastructural facilities, lack of piped water and has generally been neglected by successive regimes.

Educational ratings have remained at the lowest with the constituency being ranked dismally nationally. “I plan to work with other stakeholders to raise the low standards of education in the area which have continued to decline in the constituency,” she reassures.

Mitaru is still hunting for a political party and has not settled on any par-

ticular one. “I do not want to rush for a political party that may present a challenge in mobilising support during the electioneering period.

“Having worked with the community, I am better placed to implement programmes that are purely designed to ensure even distribution of resources and opportunities in a manner that will result in improved livelihoods and lifestyles for the residents and especially orphaned children, disabled people and widows,” she affirms.

Once elected, she says, Mitaru will ensure that the community is included in all aspects of development and has a voice in Parliament.

She says that the agricultural sector has not received much attention and the residents have, therefore, been unable to benefit from the substantive resources channelled through the sector by the Government.

She says that women form a solid foundation for the society and must be accorded support to realise their potential.

“I want to be the voice of poor women in our county who are vulnerable and have been affected by the HIV scourge and poverty,” she notes.

Border Mbeere County borders Kirinyaga, Machakos, Tharaka Nithi and Meru districts. Mitaru is confident that she will sail through the elections by a landslide victory.

Her major campaign issues will revolve around the high rates of youth unemployment, poor road network and food shortages especially in Mbeere area.

However, she credits herself for having initiated several development projects in the area all geared towards poverty and empowering women at the grassroots.

She is banking on the youth and women since she has endeared herself to the youth by sponsoring football tournaments and has been equipping them with life skills to empower them to become self reliant and stop waiting on handouts.

Mitaru believes that politicians have in the past capitalised on poverty to influence how women vote.

“Most politicians have been using handouts to influence voters. This is

“Having worked with the community, I am better placed to implement programmes that are purely designed to ensure even distribution of resources and opportunities in a manner that will result in improved livelihoods and lifestyles for the residents and especially orphaned children, disabled people and widows.”

— Rose Rwamba Mitaru largely blamed on poverty. But with the electoral laws in place, it is now illegal for an aspirant to bribe voters to influence an electoral process,” she reiterates.

Mitaru is concerned with the preunit schooling as well and would like them to be upto standards.

“Children at the pre-unit level of education are still very close to the mothers,” she notes, being a mother herself.

Enemies She does not support the cliché that women are their own enemies.

“We, women have been brought up in an environment where you are judged harshly for your mistakes and even for your siblings’ mistakes. This does not change when you are married because if your children fail then they will always be compared to their mother and when they succeed all the credit goes

to the father even if he did not play any important role in their lives,” she notes.

For that reason, Mitaru explains, women have been oppressed and suppressed as the environment has socialised them that way. She is, however, optimistic that things will change for the better once they see the benefits of the new Constitution.

She has been working hard in empowering young women and has also been working as a volunteer at the community level.

Mitaru enjoys enormous support from fellow women in the ACK synod who are believed to have much sway in the community.

In her parting shot, Mitaru believes that if a woman is healthy, there is good education for her children. “If she has money in the bank, then the whole family is covered,” she notes adding “that is what I want to make a reality”.

13

Issue Number 30 • September 2012

Consequences of failing to achieve required number of women …By FIDA Kenya

O

n the August 4, 2010 Kenyans overwhelming voted in support of the Proposed Constitution of Kenya, 2010 after over twenty years of constitutional reform processes. The promulgation of the Kenya Constitution, 2010 was marked with great excitement and anticipation by all groups in Kenya and especially women due to the numerous gains within the Constitution on issues pertaining to human rights, participation in decision making, gender equality and the devolution of power.

One of the key gains for women within the Constitution of Kenya, 2010 pertains to the recognition of the principle of gender equality as a key national guiding principle and value.

This includes provisions securing the opportunity and guaranteeing effective presentation of women by women. Article 81(b) of the Constitution of Kenya, 2010 states that ‘The electoral system shall comply with the following principles — not more than two thirds of the members of elective bodies shall be of the same gender.’ This provision is a principle of the electoral process meaning that it is a fundamental pillar of the electoral system.

Challenges The main challenge to the actualization of article 81(b) includes the real and factual impossibility of realizing the two thirds principle within the current constitutional and legislative framework.

It has been logically postulated that conducting elections under the current constitutional and legislative framework will result in a constitutional crisis. This is because in light of historical and current voting trends, the National Assembly will undeniably comprise of more than two thirds male representatives. Bearing in mind the constitutional requirement of two thirds gender representation, Parliament which comprises of the National Assembly and the Senate will be unconstitutional hence void ab initio.

The rational and fact-based hypothesis below demonstrates: The National Assembly as provided for in Article 97(1) of the Constitution consists of: 290 members, each elected by registered votes of single member constituencies; 47 women, each elected by registered the voters of the counties, each county constituting a single member constituency; 12 members (representing special interest groups and drawn from zebra party lists i.e. alternating between male and female) and one speaker.

This totals to 349 members.

Historical voting trends evidence that the Kenyan electorate has voted in an average of only three percent women representatives of the collective total houses (parliament) from Independence to date. The highest percentage of women representatives per house ever voted in was eight percent in the 2007 General Elections.

Based on current trends and a high dose of optimism, a General Election conducted right now might deliver a 10 percent of elected women out of the 290 constituencies. This would then present a National Assembly comprised as below:

Cabinet Minister Naomi Shabaan, Assistant Minister Wavinya Ndeti (centre) and Dr. Joyce Laboso, MP Sotik, share a word during the National Women Leadership Platform for Action meeting in Nairobi Constitutional Requirements

Male

Female

261

29 (10 per cent of 290)

Women reps

-

47

12 members from party lists

6

6

267

82

290 elected members

Total

A total of 267 male representatives in the National Assembly would infringe the ‘not more than two thirds’ requirement thus result in an illegitimately composed National Assembly.

The number of women representatives that would need to be elected from the ballot to avert the constitutional crisis is 63 out of the possible 290 constituencies. Based on history, voting patterns and the external environment, such a turnout and eventuality is least likely and it would be unwise to wait upon it at the risk of a Constitutional crisis.

Possible Crisis The Constitution has not envisaged the eventuality of an improperly composed Parliament. The import or description of this constitutional crisis is real and tangible; a government cannot legitimately exist without one of its three arms. All sovereign power belongs to the people of Kenya and is delegated to Parliament (along with the Executive and Judiciary). This sovereign power may only be exercised in accordance with the Constitution and it is this final ingredient together with the requirement of the two thirds principle that will certainly result in a constitutional crisis.

If the newly elected Parliament does not have at least one third female members it will essentially be unconstitutional and fail to have any authority. A parliament without authority will fundamentally hamper the governance of the country and cripple the other arms of government. If the Parliament is declared unconstitutional all the functions of Parliament shall not be and would not be able to be undertaken by any other body.

These functions include the authority to: • Enact legislation including passing amendments to the Constitution;

• Alter county boundaries as provided for the Constitution; • Determine the allocation of national revenue between the levels of government including counties; • Appropriate funds for expenditure by the national government and other national State organs; • Exercises oversight over national and county revenue and its expenditure; • Review the conduct in office of the President, the Deputy President and other State officers and initiating the process of removing them from office; • Exercising oversight of State organs; and • Approve declarations of war and extensions of states of emergency.

If Parliament is composed unconstitutionally then all the other arms of government will be paralyzed and unable to perform their functions as envisioned in the Constitution. County governments will also be unable to operate as they shall neither have resources or the authority to operate.

It is, therefore, imperative for a formula to actualise the two thirds principle be enshrined within the Constitution. The Constitution of Kenya (Amendment) Bill, 2011 proposes a workable mechanism to achieve the two thirds principle as envisaged by the Constitution. It is important to note that this formula and amendment will only be utilized as a fall-back mechanism. This is to mean that, should the electorate vote in women sufficient to satisfy the two thirds principle, then this mechanism will not be called into play.

Conclusion It is prudent for Kenya to avert the impending constitutional crisis before the upcoming general election. Any perceived or real threat to the further enhancement of democracy in Kenya will not only shake investor confidence in the country but fundamentally raise questions within Kenyans minds as to the suitability and foresight of not only our current Members of Parliament but all the arms of government including the Judiciary and especially the Executive. A workable and best case scenario mechanism is available to avert this crisis and all Kenyans must come together to support it and guarantee their continued sovereignty.

Contestants asked to go for governorship position …By Mweri Mayenge

A

human rights officer has challenged women in Kilifi County to vie for more seats in the area including governorship.

Interest

So far no woman candidate has shown interest in the Kilifi county governorship position. Speaking during the Kilifi County women caucus meeting held recently at Kilifi County Hall, Eric Karisa Mgoja senior human rights officer with Muslims for Human Rights (Muhuri) in Kilifi County challenged the women to contest for higher seats.

“This is the time for women leadership. If you can go for the other seats

why don’t you vie for this seat also?” posed Mgoja.

Although the women aspirants have formed an umbrella body to push for women’s leadership in all elective positions in the forthcoming general elections, none of them has expressed interest in the governorship.

The body which brings together all women from Kilifi County will be used as a campaign tool for the women. However Kilifi County

Women Caucus is run by non-aspirants from all the seven constituencies in the region.

Agreed Speaking during the meeting convened to brainstorm on the matter at Kilifi County Hall, the women unanimously agreed to support each other’s political ambitions.

According to Senate seat hopeful Naomi Sidi, the alliance will have only

“We have just one agenda. We want to make sure that all the seats are taken by women. We want men to be advisors but the leadership should be by the women.”

— noted Sidi.

one agenda of making sure most of the political seats in the general elections are captured by women and youth.

“We have just one agenda. We want to make sure that all the seats are taken by women. We want men to be advisors but the leadership should be by the women,” noted Sidi.

The alliance brings together women from different political parties. However, there are fears that the alliance may not withstand the test of time due to political rivalry and mistrust between the women. The human rights officer who was the facilitator during the meeting warned that the women may not realise their dreams if political rivalry was allowed to reign in the alliance.

“This is a good venture but women have always hated one another. If

you can put aside all your differences and focus on your agenda I am sure you will achieve it and make good leaders,” advised Karisa.

Among those who have declared to run for political seats include Naomi Sidi, Alice Ngetsa, Getrude Bahati and Patience Chome who are all eyeing the Kilifi County senate seat.

Seat Jumwa Karisa, Sophy Kombe and the Kilifi town council chair person Esther Kache are vying for the women representative position while Mvita Kisasa, Rachael Dzombo and Epphy Chari are contesting in the parliamentary seats.

The aspirants were barred from taking the leadership of the alliance because of their political parties.

14

Issue Number 30 • September 2012

Self esteem raised as reforms favour women behind bars

…By Boniface Gichuru

E

very time the word prison is mentioned, what comes to the mind is a place of agony, torture, misfortune, trauma and infliction of pain.

It is believed to be a hopeless place where wrongdoers are detained to suffer consequences of their actions.

In spite of what people associate with prison, Naivasha Medium Prison is a corrective facility with a difference where women inmates term it as “a home far away from home”.

Numerous reforms have been put in place to make prisons a conducive place to reform inmates.

Until recently, little was known about what went on behind the prison walls in this institution. Life there is gradually moving away from the cruel, inhuman or degrading treatment which characterised the prison facilities in the country in the past.

For instance, the four women nursing infants at the facility appreciate the current reforms brought in by the Government to accommodate both mothers and babies under one roof.

Expectant Rehab Njeri, a mother who entered the prison when she was expectant says numerous reforms have favoured expectant women and mothers nursing infants.

“I thought my life had come to a standstill the day I was convicted of

grievous harm to a neighbour,” she reveals.

Njeri says that women who enter the prison when pregnant are attended to by housewives midwives hired by the Government until they deliver and the infant completes breastfeeding. The caretakers also nurse the infants when mothers are unwell or stressed by prison life.

“Expectant women require tender care, especially due to complications they face during the period,” notes Njeri.

She appreciates the fact that babies are given meals and academic assistance for free at the nursery school situated within the prison.

“Until the time I delivered my baby, the prison authorities have attended to me and my needs as an expectant mother,” observes Njeri.

Condition The living conditions in the prison facility are amazing. Their rooms, beddings and kitchen facilities are well maintained. Some of the inmates confessed to be living in better conditions as compared to their lives outside the facility, save for lack of freedom.

According to Lydia Mwangi, deputy boss of Naivasha Medium Prison, most of the women with babies are hard working. “They operate small businesses to raise capital including basket weaving, mat making, knitting, hairdressing and chicken production,” explains Mwangi.

Women prisoners entertaining visitors during an open day in prison. The society still refuses to accept the prisoners even after reforming. Picture: Boniface Gichuru

With innovation and creativity, the women have resorted into using beads to make key holders, necklaces, bags and other accessories.

“The acquisition of various skills by the women behind bars has changed their perspective in life,” observes Mwangi.

She says that female inmates attribute their newly acquired skills to the reforms in the prisons sector.

This has enabled them pursue education like other citizens.

“We get our market from visitors and staff at the facility. This enables us to buy raw materials,” says Louise Kuria, an inmate.

According to Kuria, the inmates have started a poultry production facility that in future may be converted into commercial business.

She says that the project was started with a donation of three breeds from a Good Samaritan.

“It’s a completely new experience we are witnessing here, surely God can shake the heart of Pharaoh,” she says.

Esteem Different measures have been employed aimed at stress management and counselling as well as raising of self-esteem of the female inmates. Discipline and peaceful co-existence among inmates has yielded fruit in changing lives. Bet-

ter still, the prison has initiated rehabilitation programmes to provide emotional healing for the inmates.

These programmes include open days where family members, relatives and friends visit the inmates and share meals together. This is supposed to improve the family bond and reduce stigma. It also gives them a sense of belonging.

“This will make them look forward to their release,” says Yusuf Kaitopok, officer in charge of the medium prison.

“The society should reformed inmates or have them go back to crime after serving jail term,” notes Kaitopok. He adds: “One way of doing this is by supporting the inmates financially to start a business after leaving prison instead of condemning them as offenders.”

According to Eunice Omondi, a mother of a baby boy: “I feel that the family day was meant to speed up reconciliation and promote emotional healing between us inmates and the society.”

She says that the annual event in addition to other visiting days allocated once per month made her reconcile with the complainant in her case. The person, she says, is a good friend who even facilitates a business she was undertaking before being arrested.

However, Omondi laments that stigma is the biggest challenge the inmates face. “For instance, the society is not ready to receive some of the inmates despite having reformed,” she observes. However, she appreciates the fact that the institution has now embarked on a campaign to fight stigma against the inmates.

Sometimes, inmates are escorted to their homes ceremoniously after completion of their sentences. This is done in order to encourage the community to receive back an inmate.

Eunice is now encouraging inmates to take advantage of the learning opportunity at the institution, reminding them that “when life provides lemons, one should make lemonade out of it”.

“The young mothers are proud of the Government’s provision of qualified tutors. The tutors are caring and understanding, promoting good relations with inmates,” she says.

She advises female inmates nursing babies to remain hopeful even in the darkest moments of life. Her confidence has remained a great shocker for the entire prison population.

“However long the night is, the dawn must break,” she says.

15

Issue Number 30 • September 2012

Women empowerment remains elusive in Africa

…By Robert Wanjala

A

recent report compiled by the World Bank shows some bleak facts regarding the status of women and girls in developing countries despite decades of concerted efforts towards advancing the gender agenda.

A candid interview with Yvonne Matutura, UNESCO, Bujumbura office — Social Sciences Sector, reveals that despite the discrimination and prejudice, it is high time African countries address the challenges that continues to undermine women and children.

Question: Briefly tell us who is Yvonne Matutura and what does she do?

Answer: I am a Burundian woman in her early 50s. I am currently finishing a Masters degree in Gender, Institutions and Society. A very committed woman in every aspect related to human rights especially women’s and children’s rights.

For the past 25 years, I have been very engaged in national as well as international women and civil society NGOs advocating for women’s rights in development, women political participation, women and girls’ education, women and youth empowerment; culture of peace and mitigating HIV. Q: What is your role at UNESCO and how has it been for you.

A: I have been working with UNESCO Bujumbura Office since 2004 and I have two different roles; one as programme specialist for the Social and Human Sciences Programme that I am heading: in this regard I do programme management, implementation, monitoring and evaluation.

I also play the role of assistant to the Representative Officer in charge whenever the head of the office is out of the country. In this regard, I participate in senior management team meetings like the United Nations Country Team (UNCT) strategic planning and working at upstream level.

My position has given me the opportunity to interact with various kinds of people from local community people, NGO members with whom we are working on a daily basis, to senior officials from the Government and the whole UN System in and outside Burundi as I manage some regional projects.

The first and biggest challenge is linked to the frustration one meets when you not have enough funds or human resources to implement the activities and projects as you wished for greater impact and at a greater scale.

Q: What specific engagement does UNESCO play in gender mainstreaming?

A. Gender Equality is one of the two priorities of UNESCO as stated in its mid Term Strategy 2008-2013 as well as Africa. Each of the activities and projects undertaken by any sector: Education, Natural Sciences, Social and Human Sciences, Culture, Communication and Information have to report on these two priorities. We do have a Gender Equality Division which makes sure gender is well mainstreamed through all UNESCO’s work.

UNESCO has a big network of gender focal points from each Sector and Central Services at headquarters in Paris as well as from each of the field offices who benefit from regular capacity building workshops to enable them follow through on gender mainstreaming in all the activities.

Quality education is closely linked to the

girl child education as well as lifelong learning for adult women and men. Since last year, all publications have to comply with gender mainstreaming before they are authorised to be published.

Q: In pursuance for gender equality what have been the main challenges and how do you address them?

A: Despite the fact that in most countries, the Constitution prohibits discrimination on the grounds of gender as customary and religious laws continue to restrict women’s rights. The interests and needs of women and girls are only minimally addressed in the process of post-conflict reconstruction.

Lack of women empowerment is partly due to education; in Sub Saharan Africa, over 60 percent of women are uneducated. Women ignorance of national, regional and international legal frameworks with regards to women rights and empowerment is a big limitation in the scope of sensitization and advocacy campaigns undertaken by women activists.

Organisation of capacity building activities to mitigate illiteracy, advocacy towards decision makers, sensitization campaigns in favour of community leaders and populations, and contributing to the development of policy oriented research and research based policies and programs including development of sex disaggregated data to increase women’s participation and roles in reconstruction and development processes as well as policies-rules and regulations’ revision.

Q: Prejudice has been major setback for women in their quest for leadership. Please comment.

A: Though women’s progress while steady is painfully slow, women still remain marginalized, repressed and under-represented in many aspects of the African society.

Despite the awareness created over time by different entities, most countries are still a patriarchal society which has reinforced women’s exclusion from the public sphere resulting in an unequal gender order. In wealth, power and status, women are at a disadvantage relative to the men.

Another big challenge is cultural and religious beliefs and sometimes women themselves are the perpetrators of gender inequality.

Women are still faced with various handicaps and restrictions such as low participation in politics, widowhood rites and disinheritance, female genital mutilation, poor access to education, healthcare, jobs, land, credit, early marriage, and preference for the male child.

Ms. Yvonne Matutura of UNESCO office in Bujumbura during the interview.

Picture: Robert Wanjala

litical will of President Paul Kagame. After the genocide Rwandese women, most of them widows had to awake and head the households. This is the case too in Burundi and it is since the negotiation process in Arusha that Burundian women’s participation in politics has improved; now we have 42.8 percent in the Government, 46.3 percent in the Senate and 31.7 percent in the National Assembly. Women in Kenya have to take membership in political parties, work hard to get good positions in the decision bodies of the political parties and be as educated as men.

Q: In 2010 UNESCO formulated a UN strategy to support agenda aimed at empowering women to fully participate in elective posts, do you think similar arrangement could be possible here in Kenya for politically aspiring women?

A: Yes it is just an issue of engagement and setting up partnership with women NGOs and networks including women candidates and all politicians.

In Burundi the activity was initiated by the UN Gender Thematic Group and supported by the whole UN System Senior management.

There is need to initiate close partnership with civil society organisations, political parties and women candidates.

Q: Kenya Constitution has not more than two-third slots guaranteed for any gender. How and what should women do to achieve at least one third?

A: They could make sure this affirmative action is taken into consideration from community level up to higher levels as in Burundi where the one-third is guaranteed up to a certain level and women need to be encouraged especially at local levels given the cultural barriers. It is possible they could go beyond the 30 per cent if they remain pro-active. Building up very strong women networks and boost and support each other will also increase their chances.

Create strong women networks professional ones or those related to economic development. Fight against poverty because economic dependency cannot allow any woman to feel empowered and independent vis à vis her husband or her male counterpart. Education is also a key priority and a passport to development and empowerment.

Q: Rwanda is said to have the highest women parliamentarians share with us how and what strategies were used and how best can women of Kenya borrow from that?

A: For Rwanda the first reason is the real po-

Q: Women are said to be enemies unto themselves. That they are reluctant to support one of their own for elective positions how true is this?

A: It is indeed a sad reality even in Burundi.

However, bear in mind that they can overcome this situation by increasing their level of education and mitigating cultural barriers because women and men especially those from local communities are convinced that a woman has to stay home and take care of the children, husband and household. They do think women cannot be as good as men in politics and public affairs. This will take time to change but the process is ongoing.

Q: Should women compel aspiring politicians to commit in writing before they vote for them?

A: If the 30 per cent is in your Constitution and the electoral code, you have to comply with this measure, if there are not enough women voted, the Parliament do what is called “co-optation” to ensure the balance.

Compelling political aspirants to commit in writing is a very good initiative, even in Burundi one of the outputs of the sensitization campaigns before the 2010 elections was the development of a “compact” with priorities in terms of gender equality that each of the political party had to sign. It is a good way of checking “accountability”.

Q: What short and long term mechanism has UNSECO put in place that will help women empowerment process move expeditiously and smoothly?

A: We have a Gender Equality Action Plan 2008-2013 specific for each part of the world, we have priority issues to work on in sub-Saharan Africa for example.

Our projects and programmes cover a period of two years, in this period of two years 2012-2013 we have specific activities and projects to implement in view of ensuring gender mainstreaming, protection and promotion of women’s basic rights especially those related to the global mandate of UNESCO.

16

Issue Number 23 • November 2011

Society must come together to tackle gender based violence

…By Carolyne Oyugi

W

hile gender based violence (GBV) has been seen as normal, it is actually a violation of their rights and a sin.

According to Dr Naomi Shaban, Minister for Gender, Children Affairs and Social Development, society should view GBV as a vice and not an instrument to show patriarchy or authority in the family.

Shaban emphasised that each one of us has a significant role to play in creating “safe spaces” through the implementation of programmes, policies and laws to eliminate sexual and genderbased violence.

Studies “In Kenya,” she noted, “the magnitude of gender based violence has to a large extent been highlighted through various studies undertaken in the Country. These surveys and researches demonstrate that although men, women and children are affected by the violence, it is women and girls who continue to bear the brunt of these violations”.

Shaban said this during the official opening of the International Conference on Gender-based Violence held recently at the Kenyatta University in Nairobi.

Survey According to the Kenya Demographic Survey 2008-2009, 39 per cent of women aged between 15-49 years have experienced physical violence since the age of 15 years and 67 per cent of the violence has been committed by a current or former husband or partner.

About 53 per cent of women and 44 per cent of men agree that a husband is justified in beating his wife for certain reasons. About one in four women have ever experienced physical violence since age 15. While two in five women have suffered from spousal or partner physical or sexual abuse at some time.

These statistics are a serious cause for alarm; the sad thing is they are a representation of what happens in the

society. Gender based violence has become very common in our houses and some are committed in ways that makes it hard to report to the authority due to stigma of the difficulty of providing proof.

Further, some other studies have also established that factors such as cultural and social stereotypes contribute to physical and sexual violence against women and girls including wife chastisement, payment or non-payment of bride price, substance abuse such as alcohol as well as economic hardship within the family.

For example, every society has its clearly defined expectations on both genders. A lot of societal demands are also placed on the husband and when these are not realised, violence ensues.

This factor may be associated with the emerging violence in some parts of Kenya where men are increasingly becoming victims of violence at the hands of their spouses.

violence, men and women were affected differently and that numerous cases of women’s rights violations such as rape were among the most immediate challenges.

In addition, the Sexual Offences Act 2006 seeks to comprehensively address Sexual and Gender Based Violence issues alongside other laws such as the Counter Trafficking in Persons Act 2010, Employment Act 2007, Children’s Act 2001 and the Prohibition of FGM Act 2011. Kenya is also in the process of enacting other key legislation in the area of marriage, matrimonial property and family protection.

Despite all these initiatives, however, there are notable gaps which have hampered the fight against gender based violence. Lack of adequate resourcing for addressing gender based violence has limited security responses and capacity.

Access Other factors that continue to hamper the fight against gender based violence include limited access to health care facilities and information; insufficient coordination and administration within the criminal justice system to assure proper investigations, storage of evidence and prosecutions to secure convictions; patriarchy and culture resulting to the gendered patterns of all types of violence primarily targeting females; low levels of empowerment.

Further, there is lack of well a coordinated multi-sectoral approach to addressing gender based violence by the security, health as well as legal and justice systems. Lack of access to community security and support systems is also a factor that particularly affects women and girls.

“These and other factors have to be seriously addressed if the government is to tackle this problem effectively by ensuring that gender based violence is a concern of the state so that violations including rape, domestic violence, female genital mutilation and other retrogressive cultural practices are treated as serious crimes rather than downplaying the offences as we might have done in the past,” she said.

Research According to Shaban these are some of the areas which require further research.

“It is important to review the ongoing initiatives as well as challenges in order to come up with better interventions to address Gender based violence,” noted Shaban.

The conference’s theme of “Safe Spaces” could not have come at a more opportune time than now, when cases of gender-based violence affecting children, women and men of all ages seem to be increasing, despite the various policy and institutional frameworks that have been put in place.

In Kenya, efforts to combat gender based violence are anchored on various international and regional instruments such as the Convention on the Elimination of all Form of Discrimination (CEDAW) which Kenya ratified in 1984, the Beijing Declaration and Platform for Action 1995, UN Declaration on Violence Against Women 1993, Millennium Development Goals 2000 and the Protocol to the African Charter on Human and Peoples Rights

A man beating his wife. Such cases are common bust must come to an end. Below is Naomi Shaban’s picture. on the Rights of Women in Africa 2003 among others.

At the national level, Shaban pointed out that the Government’s commitment is well reflected in the Vision 2030’s Medium Term Plan 2008-2012 by noting that gender specific violence and vulnerabilities prevent particularly the female gender from enjoying a high quality of life and equal opportunities and that that following the post-election

Intimate yet violence yet to find room within laws

J

…By Carolyne Oyugi

ane escaped death narrowly. After living with an abusive husband for more than ten years and she only walked out of her marriage when it had become a public concern.

Jane’s husband was an alcoholic who did not care if and how she and her three children lived as long as he found food on the table.

“The hardest part of that life was having to sleep with him on the same bed after he had beaten me and smelling alcohol and worse still being intimate with him,” she said adding that at some point she contemplated suicide.

Worsened situation Her situation was made worse by the fact that when she reported the matter to the area chief in Kirinyaga (Central Province of Kenya), nothing could be done because the chief was a close friend of her in-laws.

Although there are laws that address gender based violence generally, a process that has improved tremen-

dously for the last seven years, there are no laws that address Intimate Partner Violence (IPV) specifically.

According to a global survey done

by World Health Organization (WHO) on prevalence of intimate partner violence on subset of domestic violence, between 15 and 17 per cent of the ever partnered women respondents had experienced some form of physical or sexual violence in their lifetime.

The study which was done in 2005 brought forward the suffering of many survivors who have been subjected to both physical and emotional torture in the hands of those who should show them love and compassion.

According to Edna Arati, advocate and consultant on human rights and gender, the existing laws that are supposed to protect the survivors of sexual offences and reduce the crime have many loopholes, which have become an obstacle to achievement of justice.

A good example, she says, is Section 23 of the Kenyan Sexual Offences Act which defines sexual harassment to be that which is committed by

someone in a position of authority especially in a public office.

The Act assumes that sexual harassment is only committed by people of higher economic status.

According to WHO, intimate partner violence include acts of physical aggression, psychological abuse, forced intercourse and other forms of sexual coercion, and various controlling behaviours such as isolating a person from family and friends or restricting access to information and assistance.

Burden of proof Intimate partner violence also happens in circumstances that make it difficult for the survivors to report to the authority since they are people who they are familiar with. They also involve people who are in a higher position either in authority or financially and so the survivors give in because they are compromised.

The burden of proof in intimate partner violence is also very high. Ruth Mekura, Access to Justice Program Associate at Coalition on Violence

Against Women (COVAW), gender based violence survivors do not report to the authority because they cannot prove what happened.

“If a woman was touched indecently by someone she knows like her boss at the work place for example, how does she prove that it actually happened?” says Mekura.

Intimate partner violence is also not defined in the Kenyan laws and so many people do not understand how to go about it. Article 43 of the Constitution talks of reproductive health but does not provide individual rights.

“The Act does not criminalise rape in marriage yet there are many women who have and are still being raped with their husbands and other intimate partners. Sodomy is also an unnatural act that exists in marriage but again there is no provision for such cases,” says Arati.

The process of reporting GBV is also long and tedious. There are very few police doctors and in Nairobi there is just one doctor. Getting a P3 form also takes days and so the evidence

might have been tampered with by the time one gets the form.

A discussion hosted by COVAW at the GBV international conference held at the Kenyatta University in August proposed that the Act should be amended to provide solutions and reduce the existing gaps.

Advised The participants also urged the stakeholders to lobby for legislation on reproductive health rights; outlawing of cultural practices that are repugnant to the Constitution and hinder survivors from going to the authorities.

The public should also be educated on laws around GBV since there are many people who do not know what is contained in the Constitution and in the Act. Lastly everyone should make it a personal responsibility to contribute towards eradication of any form of violation of human rights including gender based violence and Intimate Partner Violence.

17

Issue Number 30 • September 2012

Women spread investment wings F …By Waikwa Maina

emale teachers have been ranked among the best investors in Murang’a County.

The women took home most of the awards in various categories of investments at the Murang’a Teachers Sacco during the Annual General Meeting (AGM).

They emerged best savers in Children’s Account, Education Account, Holiday Account, Fosa Shares, Ordinary shares, Fixed Deposit and Education Fund shares.

Lillian Njeri scooped the best investor in Children’s Account award while Martha Njeri from Kirere Primary in Kigumo was the second best in that category. Margaret Njoki, a teacher at Kiumu Primary School who was also voted as the most active society member won the first holiday account.

Award In fixed deposit category, Joyce Muthoni from Kiumu Primary School and Mary Wangari from Maragi Secondary School won the first and second awards respectively, while Margaret Giteru was the third best investor in Education Fund shares.

Rachael Mbaire of Umoja in Nairobi was best in Ordinary shares investments category followed by Mary Wanjiru from Gitugi Primary School in Mathioya, while Sophia Wambui was second best in Fosa shares investment. Ruth Kimani, a retired teacher was number three in Fosa shares investment.

Trophies Others who bagged various trophies included Jennifer Njeri of James Gichuru Primary School.

Speaking during the occasion, Sacco chairperson Simon Mukunu said that women were key players in social economic development of the community.

“It is encouraging to note that women have come out to claim their position in investment opportunities. We also note that women accounts are best managed and most of them are active, they are loyal to the society, they are also very efficient in loans servicing that is why they have won these awards and I congratulate them,” he noted.

Mukunu said the initiative to award the winners was aimed at encouraging

Muranga teachers Sacco chairman Simon Mukunu rewarding women teachers with the highest investment at a function in Muranga.

Picture: Waikwa Maina

competitive participation in Sacco activities.

He said the initiative, which was also a way of the society giving back to its members would encourage other women especially after the Sacco members resolved to change its name from Murang’a Teachers Sacco Society to Generations Sacco.

Investment “We are opening our doors to other investors including small scale traders to join us, change of name opens doors to all, I thank the shareholders for resolving to change the name which was very restrictive,” added the chairman.

By adopting the resolution, Murang’a Teachers Sacco joined the growing list of rebranding co-operative savings and credit societies changing their names in a bid to expand their general operations base.

Tens of other similar financial institutions have reaped huge benefits after changing their names.

In Nyeri, they include Taifa Sacco formerly Nyeri Farmers Cooperative Society, Nyeri Tea Growers Sacco now

Wananchi Sacco, Kiambu Teachers Sacco now known as Metropolitan Sacco and former Nakuru Teachers Sacco now Cosmopolitan Sacco.

Concern The proposal was adapted after members expressed concerns that the previous name was restricting to membership area of operation.

Murang’a Teachers Sacco amended its by-laws to accommodate civil servants and other investors. However, most of them were uncomfortable with the name, which they felt was discriminative and intimidating especially during society meetings and even in the banking hall when transacting business.

To tame loans defaulters as well as encourage more members savings, the AGM resolved that anyone seeking a loan exceeding KSh100,000 must have their salary processed through the Sacco, and therefore, and guarantors are required to ensure that the applicant meets this condition.

Despite the volatile economic environment last year, the Sacco managed to record improved performance in

share capital and members deposits.

The share capital increased from KSh15,785,000 in year 2010 to KSh17,007,2000, which is equivalent to 7.7 per cent growth.

Non-withdrawable deposits increased by 15 per cent, that is from KSh1,149,146,000 to KSh1,320,875,000.

Product Other developments reported during the meeting is the introduction of a new product where members who wish to capitalise their dividends qualify for a development loan payable in 72 months on reducing balance with a multiplier of four times their shares.

Loans portfolio increased by 17.4 percent, which the board of directors attributed to better terms and conditions of the Sacco loans.

But due to inflation, the Sacco failed to meet its target on loans growth of 20 per cent and only managed 17.4 percent, the board of directors chairman Simon Mukunu, therefore, urged members to patronise their Sacco loan products, but also castigated teachers employer, the TSC

for failing to make deductions from members salaries as directed by the members, and also for withholding the deductions for a longer time before remitting the same to the Sacco’s.

Benefits for members channelling their salaries through the Sacco include easy access to loans and salary advance and with a higher loan repayment periods.

Salary Members who channel their salaries through the Sacco Fosa can get their salary well in advance even before its processed by the employer.

“Despite the volatile economic environment, the society total turnover increased to KSh272,737,000 from KSh225,590,000 in 2011 and 2010 respectively. In cognizance to these impressive results, the board is happy to recommend a payout of dividends and interests on deposits for paid up shares and deposits as at 31st December 2011 as well as honoraria and bonuses at rates of 11.3 per cent for shares, 11.3 per cent for deposits, 11.3 per cent for education fund deposits and 12.3 per cent for Fosa shares,” said the chairman.

Inmates unite to fight Gender Based Violence in Coast

M

in Development (CWID), chaired by Betty Sharon.

Pwani GBV Network is the first of its kind in the country to be formed to help victims of Post Election Violence (PEV) who suffered both physically and psychologically due to the vices inflicted on them by providing legal support and counseling.

Badilika club is comprised of 19 inmates who are engaged in a campaign that targets the young and old against the vice.

The project is a joint initiative of Pwani Gender Based Violence Network with an Australian researcher, Dr. Chris Laming from University of Monash, under the secretariat of Coast Women

“During our visit to Shimo la Tewa Main Prison, we found out that 30 per cent of the offenders are convicts of Sexual Gender Based Violence (SGBV). In addition, out of 19 sexual offenses cases, 12 of them were defilement cases. There is need to listen to them and accept them in the community, and then they will be able to play a big role in the community by changing victims of the GBV,” said Betty Sharon.

According to Betty Sharon, victimizing the inmates will not be able to transform their behavioral change.

“Inmates are also human beings and we

…By Diana Wanyonyi ale sexual offender inmates at Shimo La Tewa Prison and Boston Institute at Shimo la Tewa Rehabilitation Centre, are spearheading initiatives to help fight against Gender Based Violence (GBV) in the Coastal region.

Badilika a Swahili word meaning “Change”, is the name of the project that was agreed upon by the inmates. The initiative will push for inmate’s behavioral change, participatory learning approaches and outreach programs that will give them platforms to speak openly about their behavior change.

Initiative

Discrimination

should not discriminate against them. There is need to find ways of integrating them back to also make sure they do not indulge in the vice again as well as to make them be the ambassadors of GBV change.”

“In Kenya, Sexual Offenders are forgotten and their whereabouts are unknown once they complete their jail terms. This makes it easy for them to revert to their past practices.

It is also not easy to approach these sexual offenders for behavioral change out of prison.

That is why we gave them Badilika platform that will enable them to change on their way of life and behavior.” She finally said.

Rehabilitation The project seeks to push for change among the abusive or violent for women and children, and make abusive men accept their offenses and take up the challenge hence prevent further damage to their partners or children and the society.

Dr. Chris Laming a researcher from University of Monash has however challenged

prisons department in the country to introduce rehabilitation programmes for guiding and counseling sexual offender inmates.

“Local prisons need to have rehabilitation programmes both inside the prison as well as in the community in order to provide men with the opportunity to change not for their own purpose but also for the safety of women and children. Moreover, the big winner here is the children, they need positive role models that will enable them to grow up in an environment where they don’t see sexual violence or physical violence by men to women”, uttered, Dr. Laming.

Although he is optimistic that the programme will take time to be practiced in the country, he however blames the justice system for dragging cases in courts saying it has greatly influenced prisoners’ behaviors.

“Those who are victimized the last thing they need is to be further victimized, the justice responses is slow with cases there is less chance of men to change quickly on their behaviors,” he added.

18

Issue Number 30 • September 2012

Business power in informal sector

…By Maurice Alal

R

wanda is the next frontier for women seeking entrepreneurial skills. Two women in Kisumu County are already causing waves in the region thanks to their recent educational trip to the land-locked Great Lakes country.

Caroline Agwanda of Hope Centre and Eunice Ogot from Kisumu Art House travelled to Rwanda for an international exhibition where they effectively represented Kenya and impressed the organisers with their expertise and business acumen.

Loan Agwanda and Ogot are a handful of entrepreneurs in the region who have cut a niche by doing what they know best, demonstrating their artistic and business skills. They are among some of the beneficiaries of the financial stability of the jua-kali associations in Nyanza.

Kisumu Centre Jua-kali Savings and Credit Co-operative Society (SACCO) for example loans its members up to KSh2 million every month to facilitate their enterprises spread out in various parts of the city, hence giving commercial banks and other financial institutions stiff competition.

The Jua-kali Centre brags of having KSh69 million in their account which is loaned out to its membership, apart from sending the top cream to such exhibitions as in Rwanda where participants from neighbouring countries were prompted to pledge to visit Kenya on a learn-

ing mission.

According to Fanuel Mango, Nyanza Provincial Enterprise Development Officer (PEDO), the department implements government policies on the informal sector (micro and small scale enterprises) commonly referred to as the MSEs. Mango says unemployment has forced college graduates and school leavers to undertake self-employment instead of waiting for the elusive white collar jobs, which have proved quite difficult to find.

“This way we also help address rural-urban migration, considering that cities and towns worldwide are already over-populated. As such we encourage our people to engage in enterprise creation,” he notes.

Education When one starts a jua-kali workshop, it can be motivated either through normal education process, training or natural gift acquired from parents, the provincial boss states. “We build capacity and create an enabling environment like constructing sheds to give them proper working sites,” explains Mango.

Currently, the department is constructing sheds in Homa Bay at a cost of KSh9million, Mango disclosed. “At Nyansiongo Jua-kali sheds in Borabu District another KSh10million was spent on a similar project and a further KSh6million at Awendo,” explained Mango.

Magunga Jua-kali sheds in Suba cost KSh6 million and Siaya Jua kali KSh11 million while other sheds benefitting from the programme are par-

tially developed and are waiting for further funding. They include Kendu Bay Jua-kali site where 16 sheds have already been built.

Toilet In Rachuonyo North, a toilet block and another four sheds were built while 12 sheds at Ugunja have been provided with tanks for clean water to be used in the site. At Oyugis in Rachuonyo South a similar project has kicked off.

“The Bill if approved by Parliament will enable the informal business sector have proper coordination and realise the anticipated growth. Up to now the sector has been amorphous with no proper legislation but

Caroline Agwanda has ventured in carpentry that was once thought to be a men only trade.

Picture by Maurice Alal

with the Bill, the sector will realise its full potential,” said Mango.

There are 300 micro and small scale enterprises associations in this region of which only 120 are active while the rest are dormant due to financial constraints or poor management by officials. The sector is divided into: Transport which deals with ‘boda-boda’, ‘tuk tuks’ and motorcycles (‘Peng’) Associations.

“The Government is already addressing the plight of Women Enterprise Fund (WEF), Youth Enterprise Fund (YEF),

the People Living with Disability Fund and more recently launched Juakali Fund,” said Mango.

He applauded what he termed as “the financial inclusion of the informal sector after the Government allocated KSh3.8 billion in the 2010-2011 financial year and another KSh1billion for the 2011-2012 financial year”.

“We have disbursed theses funds through Equity, K-REP and Cooperative banks,” said P. A. G. Kamau, coordinator of the Informal Sector MSE Fund.

Meanwhile Mango is en-

couraging the registered associations that are active to form their own Savings and Credit Cooperative (SACCO) Societies to ensure a constant financial flow and stability for the sector.

He cited Kisumu Centre Jua-kali SACCO as one of the best in region with a financial base of KSh69million owing to good management. The other one, Homa Bay Women Entrepreneurs SACCO with a membership of 136 has increased its accumulated savings base to KSh900, 000 up from KSh550, 000.

Women reap heavily from fish business …By Yusuf Amin

W

omen in Kilifi District have resorted to fish hawking as a way of sustaining their livelihood to help alleviate poverty in the area The women, mostly drawn from Kilifi town, old Takaungu town and Kibaoni in Bahari Division say that fish farming is a booming business in the area compared to other trades in the region.

Technology They say that fish stock in the Indian Ocean has increased tremendously owing to the introduction of the modern fishing technology by various stakeholders through local Beach Management Units (BMUs) that are training the fishermen along the beaches.

The women say that most of their customers are students from Pwani University College who have made fish their favourite meal.

According to Fatuma Hamisi who sells fried fish at Kibaoni Trading Centre in the outskirts of Kilifi town the students prefer fish because most of them reside in up-country areas where fish is expensive.

“Our customers are mostly from the university college here and they

often come to our kiosks to buy fried fish in the evenings,” Hamisi said.

She expressed satisfaction that through the business she has been able to feed her family and pay school fees for her children.

Hamisi noted that as women traders they have formed a self-help group. ” I am advising other women to engage in income generating activities that will enable them become economically empowered and avoid overreliance in handouts,” reiterated Hamisi.

The area is abuzz with activity even late in the night where women at Kwa Charo wa Mae market, also located in Kilifi town have to light lamps to sustain their business.

According Khadija Kadzo the trade depended a lot on how one presented herself to the customers going to her kiosk.

“Every businesswoman must try to be clean and presentable to the customers as a dirty woman is a health risk to her customers. So cleanliness is the ticket to succeeding in this business,” noted Kadzo.

She spoke as the District Fisheries Officer Namwel Onchoga said that his department was educating women on how to manage their businesses to tap both the local and outside markets.

Speaking in his office Onchonga

confirmed that most women engaged in the business have been able to pay school fees for their children without a hitch. ”I would like women to go for loans from the local financial institutions to expand their businesses,” Onchonga urged.

The Beach Management Unit is

Kilifi Fisheries officer Namwel Onchoga addressing women traders in a workshop held to educate them on the benefits of fish trading.

Picture: Yusuf Amin

now planning to equip fishermen with fishing gears and boats as the Kilifi County government comes into operation.

According to the BMU chairman

Kassim Shali the organisation has registered all the women currently engaged in the business so that they can benefit from loans advanced by financial institutions in the district.

19

Issue Number 30 • September 2012

Health gains for women shrouded under unclear laws …By Henry Owino

I

t is now two years since promulgation of the new Constitution but citizens are yet to realize their reproductive health rights.

This is despite the fact that the deadline for the realisation of Millennium Developments Goals (MDGs) is fast approaching with only three years to go.

Further, most Africa countries are yet to align their health budgets to the Abuja Declaration which mandates them to allocate 15 per cent of the national total budget to the health sector.

Experts According to experts benefits of the current Constitution will only be felt after the forth coming general elections which promise a lean cabinet.

The Constitution of Kenya in Article 43 (1) (a) affirms that every person has the right to the highest attainable standard of health, which includes the right to health care services, including reproductive health care.

Article 43 (2) goes further to clarify that a person shall not be denied emergency medical treatment. Emergency treatment here is treatment that must be immediately rendered to the patient to prevent further disability or death.

In several occasions many patients especially women have died in hospitals while seeking emergency health care.

According to Prof Joseph Karanja, Council Member, Kenya Obstetrical and Gynaecological Society (KOGS), 80 per cent of all death cases in Suba, Homa Bay County are caused by unsafe abortion. How many women die here? Any other figures or place quoted?

Death Karanja says that it is unacceptable for women to continue dying from preventable causes.

He says that the Constitution guarantees the right to access safe and legal abortion where the pregnancy presents a danger to their mental or physical health.

“By specifying conditions under which abortion may be legally provided, the Constitution addresses the terrible toll caused by unsafe illegal abortion,” explains Karanja.

Article 26(4) of the Constitution explicitly permits abortion when in the opinion of a trained health professional there is need for emergency treatment, or the life or health of the pregnant woman is in danger, or if permitted in any other written law.

Laxity This has been blamed on laxity among of health care providers. According to World Health Organisation (WHO), health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.

However, Karanja notes that in stating that abortions can only be performed by medical practitioners, the constitutional provision ignores women in poor rural communities who have no access to medical services.

Karanja, therefore, suggests that access to safe abortion in cases of pregnancy resulting from sexual violence should also be understood as central to preserving a woman’s life and health. He pointed out that most of the women seeking abortion are below the age of 20.

According to Dr Carol Obonyo-Odula, a Gynaecologist and Obstetrician the current scenario leaves more room for further legislation which could create additional conditions under which abortion is permitted. “Significantly this clause does not allow for a written law which would further limit access to abortion,” say Odula.

Land ownership for co-wives changes fortunes for their family …By Mweri Mayenge

S

canty rainfall and poor crop husbandry has been regarded as the driving force behind the poverty in Ganze District.

The area has chunks of arable land that if modern farming methods are introduced, the area will not only feed Kilifi County but far flung areas within the country.

Agriculture is the main economic activity, though no meaningful yields are produced in the farms.

Rain fed farming has proved fruitless especially now that rain hardly falls.

As in most African communities, the Ganze community depends on maize as their staple food.

Conditions The crop which has been grown from time immemorial has been performing poorly in recent times prompting agricultural officers to push for the adoption of crops that can withstand harsh weather conditions.

One of the crops recommended is cassava which experts say can withstand hot and dry climate in arid and semi arid areas. However very few farmers have embraced the crop and majority of those who have adopted the crop have not embraced it fully.

Two farmers from Jaribuni division, one of the four divisions in the district have proven beyond doubt that the crop can replace the maize dependence culture of the area.

Market As other families are crying to the government for relief food, former Jaribuni chief Japhet Munga’s family is comfortably loading cassava produce ready for the market thanks to his two wives.

During his helm, Munga bought

several acres of land in the area which he later subdivided giving some portions to his two wives while the rest remained property of the whole family.

“After I retired in 2002, I decided to give my wives three acres of land each so that they could do their preferred farming while the remaining eight acres were for the whole family,” explains Munga.

Sale Though the ex-chief gave the land to the wives willingly, he did set a condition that no wife will sell the land but should try to do some farmMunga’s first wife above and second ing so that they can take care wife below. They have benefitted of themselves. According to greatly from cassava farming. Pictures: the first wife Alice Munga, Mweri Mayenge the condition was a good one because the husband had the children in mind.

“When he said that we However, two years later the two should not sell the plots he explained women started growing cassava after to us that our children also depend sensitization workshops by the Minon that land and advised us not to istry of Agriculture through Nalep sell it,” notes Alice.

Kilifi District. Both of them used an acre to experiment on the cassava farming and later planted the whole Generally land ownership in the three acres each after the first season area is controlled by men but the two proved fruitfully. women are a unique example that “We do not depend on our huswomen can be very productive when band anymore for the upkeep of the given a chance to own land. The sec- children. At least we get something ond wife Joyce Munga remembers after selling the cassavas. We are also how hard it was for her to come to glad that we have managed to purterms with the fact that she now chase a posho mill which we co-own owns land. with our husband,” Alice notes.

The first season after getting the land, the two women did their best and planted maize in their farms but The two women now boast of as usual the yields were poor. about KSh20,000 each after every “We wanted to prove to our hus- harvest. The family has a written band that we can do very well with agreement on the ownership of the our farms but the rains were not fa- land and how they share prospects vourable,” quips Alice. from the posho mill.

Men

Agreement

The farming, though not very popular, has proved to be very resourceful especially in the dry area.

Agricultural extension officers are now using the farm as an example for others to emulate.

According to Jane Kanamu, Kilifi District Agricultural Officer they often visit the area to give support especially on value addition training so that the farmers could benefit more.

Somalia activists laud ban on female genital mutilation

A

ctivists have welcomed a ban on female genital mutilation/cutting (FGM/C) in the new constitution of

Somalia .

But even as the ban is enforced in the country where about 96 per cent of women have undergone extreme forms of FGM, activists warn that translating the law into action will require more than just a legal declaration.

“The fact that the new constitution outlaws the circumcision of girls calls for education, awarenessraising and strong legal provisions.

Without this, the provision will be little more than ink on a piece of paper,” Fatima Jibrell, a women’s advocate, told IRIN. The provisional constitution states, “Circumcision of girls is a cruel and degrading customary practice, and is tantamount to torture. The circumcision of girls is prohibited”.

In Somalia, the most common form of FGM/C is type III, known as infibulation, which, according to the World Health Organisation, involves the “removal of part or all of the external genitalia (clitoris, la-

bia minora, and labia majora) and stitching and/or narrowing of the vaginal opening.”

Globally, an estimated 100-140 million girls (92 million in Africa) live with FGM/C. Another three million are at risk of undergoing the procedure annually.

Hawa Abdi, a 23-year-old mother of two, was circumcised when she was 10. Today, she lives in neighbouring Kenya, having fled two years ago to escape the violence in Somalia. Recalling the pain she went through during the procedure, Hawa says the ban, if implemented, offers hope for future generations of girls and women. “[Female] circumcision is painful and the problems it creates for you are there until you die. You are robbed of your womanhood…

Now parents who do not want their daughters circumcised can say the law does not allow it,” she told IRIN.

Opposing the ban Some, however, have issues with the new law. Women in Somalia often cannot get married without undergoing the practice, and the beliefs that

FGM/C is a religious requirement, makes women pure and reduces sexual libido remain widespread. “Many men and some women will oppose it on the ground of culture, Islam or issues of chastity,” Jibrell said.

“We have had it [FGM/C] in our culture. The writers of the constitution know it, and they are pretending to hate it. We can’t abandon something that has helped our girls to stay pure,” Jirde, a Somali elder, told IRIN in the Kenyan capital, Nairobi.

“Our men will not have girls to marry because you can’t marry [an] uncircumcised [woman] if you are a true Somali man. It is these people who give us money who say you must ban circumcision and then we give money,” Jirde added.

Carrying out community empowerment programmes, raising awareness of the health effects of the practice and delinking it from Islam, experts told IRIN, must compliment the law, helping it avoid possible collision with deeply rooted cultural beliefs.

“A lot is required … [to] work with the religious leaders … [for] a consensus on the abandonment

of all forms of FGM/C … empowerment programmes for the girls to be able ‘speak out’ of their circumcision status and to be happy of their status will be crucial since currently no woman or girl would want to be known as not circumcised since it’s unheard of,” Sheema Sen Gupta, a senior child protection officer with UNICEF Somalia, told IRIN. Sheema, told IRIN that without adequate community involvement, the new law risks driving the practice underground rather than eradicating it. “As we have learned from several other countries, community empowerment is very crucial to avoid the practice from going underground.”

Risk of severe bleeding, infection and infertility are some of the side effects of the procedure, as are obstetric complications including postpartum haemorrhage and infant mortality. Research suggests that girls who have undergone FGM/C are more prone to mental disorders, including post-traumatic stress disorder (PTSD).

Courtesy of IRIN

20

Issue Number 30 • September 2012

Change of tactic in accessing land K …By Ken Ndambu

enyan women toil a lot to bring food to the table.

They are the key players in the country’s food production yet they face enormous challenges to maximise food production including cultural beliefs, land rights and access to credit facilities.

Agnes Nzau, a middle aged peasant farmer in the remote part of Kitui County writhes in pain at the Kitui District Hospital following a tragic road accident that claimed the lives of four people including her male friend.

As she bears the pain, someone telephones her with sad news that a relative has poisoned all her 250 chicken moments after the family received news of her accident.

Wrangle Reason for killing the birds? It was yet another eviction attempt

by Nzau’s brothers following a prolonged wrangle over a 20 acre piece of land she claims she was given by her father after she failed to get married. Nzau has wisely utilised the land maximising horticulture crops production through greenhouse and poultry farming to the envy of her brothers. When she got involved in the accident, she was on her way to buy a dairy cow at a ranch run by the Catholic Church.

Nzau is disadvantaged by the community’s cultural practices which not only impedes women from inheriting land but also frustrates them from getting justice in the country’s legal system.

“Although I have sought intervention from various government offices as well as human rights and civil society groups, the clan has stood by my way to get what is rightfully mine,” explains Nzau.

Clan To achieve their mission, the brothers through the clan have devised all means to evict the woman from the family land including letting loose livestock to destroy her crops and lately poisoning the commercial chicken while she is in her hospital bed.

Elsewhere, Mumbanu Kinako, a primary school teacher’s story is equally sad. Her brothers invaded her farm in Nzambani Location and felled all the orchard trees planted before pulling down the farm house also in another attempt to evict her from the land she says she was given by her late father.

“Although I am married, my father blessed me with the land as the first born and for taking care of him while he was hospitalized,” explains Kinako adding that she was given custody of the land in the presence of her brothers.

“How they turned against after our father died and decided to cause such a damage in the farm I have used for 20 years still baffles me,”

avers Kinako who is now embroiled in a legal tussle with the brothers over custody of the land.

Report

According to an agricultural crop damage assessment report, she lost KSh1.9 million after all mature grafted mangoes, oranges and other citrus trees were destroyed.

Nzau and Kinako’s cases are just but a few of the many cases Kenyan women undergo in their quest to ensure food security for their families.

Despite adoption of the new constitution which gives women right to inherit land from their parents, it is a taboo for women to talk of land issues in most communities while it is a common practice in the country that the family land is registered in the name of the husband as the head of the family. The practice bars women from accessing credit facilities from financial institutions to improve their farming endeavours as they do not have title deeds.

Caught up the vicious cycle, the women especially those from arid and semi arid lands (ASALs) have devised their own mitigation measures for food security by starting unique income generating activities which do not have direct attachment with their husbands.

In Kitui County for instance, the women are now venturing into sand harvesting, sale of water, mining of concrete stones, rearing improved indigenous chicken and sale of wild fruits as an alternative way of bringing food to the table for the family.

Conflict

“The only way of avoiding family conflict with husbands is to venture into activities which do not have direct attachment with the husbands,” says Margaret Ndambu, an indigenous poultry farmer in Museve village, Kitui Central District.

“When I realised how things are when it comes to family property especially land matters in my community, I decided to go into poultry farming and through this my family always has food,” notes Ndambu. In Mutomo District, Agnes Mwende, a farmer in Kiviu Village has turned to wild fruits which have become the lifeline of the residents after rains failed for three consecutive seasons.

Her 10 acre farm off Kitui-Mutomo road is dotted with beautiful indigenous wild fruit trees ranging from vitex payos locally known as ‘Muu’, tamarindus indica (nzumula), baobab (mabuyu) and bercemia disclor (kisaaya) oblivious of the enormous benefits of the trees if wisely used.

Mwende’s initiative of wild fruits trees can be described as semi domes-

Women are the cornerstone to agricultural development production in Kenya yet they do not own land. But this is changing slowly. Picture: Ken Ndambu

tication but unaware of the untapped resources in her midst.

Trees “I have preserved these trees though they are a good source of charcoal, the common activity here because when drought strikes like now the trees become the source of livelihood for my family as the fruits are used as food and also for sale,” explians Mwende. She says although the fruits are used as food, the surplus is sold in the nearby markets to meet the family’s basic needs especially education of the children.

“It is through the sale of the vitex payos fruits that my last born was able to complete his secondary education and even now I intend to take him to a college and the money will come from these trees,” she says with satisfaction.

A cup of the fruit sells at KSh5 while a debe full fetches KSh600. Combined with the other fruits, Mwendw says she has been able to see her children through to secondary education.

Mutua Musili, a farmer in Ikanga Location says he turned to maximization of the wild fruit trees as an alternative source of income after

“When I realised how things are when it comes to family property, especially land matter in my community, I decided to go into poultry farming.”

— notes Ndambu

crops failed for five consecutive seasons. “Since late 1990s when drought impacted negatively on our lives, I turned to wild fruits in my farms and have since been eking a living out of them,” says Musili who sells the ripe vitex payos in Ikanga Market.

“I have 10 baobab trees with ripe fruits but have turned customers back because I do not know how they are sold but hope with time I will make use of the trees,” says Regina Mutua, a farmer in Kisaayani Location.

However, she says potential buyers of baobab fruits are from Muslim community from Kitui town who process them and sell the final produce to Momabsa market outlet.

The wild fruits farmers are set to benefit more following a pilot project

by Kenya Forestry Research Institute (KEFRI) to domesticate the edible wild fruit trees as a way of enhancing food security and increasing level of income in areas prone to drought.

“What the farmers have been doing is semi-domestication of the trees without knowing that the resource can be developed to improve their income,” says Pauline Bala, a researcher with KEFRI who is spearheading the project.

Benefits

She says multiple benefits from dry-land fruit trees have been realised and what is needed is only to create awareness in the communities and to empower them fully in order to utilise

the resource.

However, Bala avers that the residents are yet to adopt the domestication initiative for economic gains because there is that myth that wild fruits are eaten by marginalised communities who lack food.

“We want to remove the community from that cocoon and make use of whatever is available near them to improve their lifestyles,” explains Baja.

Jam She says KEFRI researchers have made a breakthrough in domestication of the vitex payos whose fruit can produce high quality jam for bread but they are awaiting certification from the Kenya Bureau of Standards (KBS) to determine the shelf life. A research conducted by University of Bangor, in Wales in conjunction with KEFRI researchers shows that black plum from vitex payos has very high content of ascorbic acid, 208 mg per 100gm of fresh weight therefore making it an excellent source of vitamin C. “The economic value of the tree is enormous in that a single tree can produce 25,000 fruits which can produce 30 kilogrammes of pulp translating to 120 jars of jam that can earn the farmer KSh12,000,” says Bala.

There is need to empower Kenyan women with skills needed to improve their income in order to sustain food security in the households and one way is help them tap untapped resources in their midst.

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 Faith Muiruri

Contributors:

Henry Owino, Faith Muiruri, Yusuf Amin, Odhiambo Orlale,Grace Maingi–Kimani, Abjata Khalif,Caroline Oyugi,Larry Kimori, Ben Oroko, George Omonso, Waikwa Maina, Robert Wanjala, Mweri Mayenge, Boniface Gichuru , Maurice Alal and Ken Ndambu, IRIN and FIDA Kenya

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

This paper is produced with support from HIVOS