Reject Online Issue 46

Aug 26- Sept 15, 2011

ISSUE 046

A bimonthly newspaper by the Media Diversity Centre, a project of African Woman and Child Feature Service

One year later

Looking at law implementation with a gender lens

By ODHIAMBO ORLALE Women have many reasons to celebrate the first anniversary of the birth of a new Constitution.

Doors that were previously permanently closed to them have started opening, all because of the new laws.

On the day the Constitution was promulgated, the President of the Republic of Kenya, Mwai Kibaki, signed to it and promised Kenyans that he will defend and respect the new law.

On this day, Kenyans also saw the Prime Minister Raila Odinga and Vice-President Kalonzo Musyoka promise to serve Kenyans under this Constitution as well as defend it. The Legislators also took an oath to defend that same Constitution including the ministers and judges. This meant respecting every letter in the book and including gains that favour women’s rights and empowerment among them increased space in politics and decision making.

However, the recent Cabinet decision to declare the one-third principle in the Constitution as impractical is an anti-climax of gender discrimination and abuse of women’s gains within the new law.

Even though the Cabinet has proposed the formation of a task force to look into the controversial issue and report back its findings, women are afraid that, if at this early stage the Constitution is re-opened, it will just be a matter of time before the women’s gains are removed.

Crossing fingers

However, Kenyans and the women in general are waiting with bated breath as women cross their fingers and hope that the matter would be resolved fast and amicably in their favour.

Since the coming to effect of the new Constitution, women in Kenya have managed to secure a number of high level positions in the ongoing Constitution implementation process. For instance, Nancy Baraza, went through one of the most rigorous public vetting processes before being appointed to the post of deputy Chief Justice, to reform the Judiciary. Kenyan women are counting on Baraza to ensure that the women’s gains from the historic National Constitutional Review Conference, also dubbed Bomas Conference, six years ago, and captured in the new Constitution, are implemented in body and spirit to the last letter.

The appointment of former Nominated MP, Njoki Ndung’u, as one of the seven Supreme Court judges is another notable gain in women’s Continued on page 2

From top clockwise: Outgoing Attorney General Amos Wako puts a seal the Constitution during the promulgation ceremony on August 27, last year. President Kibaki displays the new Constitution to Kenyans after its promulgation and the President appends his signature to the new Constitution with assistance from Wako. Pictures: Reject Correspondent

Read more Reject stories online at www.mediadiversityafrica.org

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ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

Government must show political goodwill There is no doubt that the proposal by the Cabinet, on the need to find a way to address Article 81(b) which says that not more than two-thirds of the members of elective public bodies shall be of the same gender has created a lot of concern not only among the women of Kenyan but also the public who voted for the new Constitution.

According to the majority of Kenyans, this goes against the very principle why Kenyans have fought for the new Constitution spanning over two decades. As stated by Cyprian Nyamwamu, the Executive Director of the National Convention Executive Council (NCEC) during a meeting organised by the women to find a formula on how to unlock the promise in this provision sums it up well.

Involvement

He says that the clamour for the new Constitution was about three items. “It was meant to deal with centralisation and abuse of power hence the devolution and separation of functions and has entrenched checks and balances, deal with gender injustices and exclusion of the marginalised, and minority groups of which women are part and also with the codification of rights and governance which is based on the Bill of Rights,” said Nyamwamu, adding, “this is not a woman’s issue, but an issue for all Kenyans.”

Dr Linda Musumba is very categorical, that this solution on the

By ROSEMARY OKELLO

two-third should also involve the Government and the political parties since they will be a critical in ensuring that women form one-third of those who shall be elected.

Amendment

This was echoed by Deborah Okumu, the Executive Director of the Caucus of Women’s Political Leadership who said that the formula to achieve the two-third principle does not need a constitutional amendment but can be arrived at through the Electoral bill and Political Party bills which are before the floor of the House.

“Since the constitutional hearings by the Constitution Review Commission of Kenya (CKRC), to the Bomas Conference, the Naivasha, the Kilifi process and finally the Committee of Experts on the Constitution, everyone especially the lawyers were there and

we were told that the Constitution was a legal framework which does not include details and that details are captured within the legislation.

Since then, the women of Kenya have moved to put the mechanism in the two bills, but it has been rejected,” explains Okumu.

According to her, it is unfortunate that men are translating this to mean that women want free seats.

“We need to learn from history that achieving 30 per cent of women in elective posts in Kenya have been difficult and since independence there has never been any political goodwill on women’s representation,” she says.

Okumu adds that affirmative action by its nature is discriminatory so that it can positively discriminate the other gender for a period of time and ensure gender justice within the elective posts.

As Kenyans are debating on the

“We need to learn from history that achieving 30 per cent of women in elective posts in Kenya have been difficult.”

— Deborah Okumu

formula to achieve the two-third principle, in Southern Africa all heads of States signed the Gender and Development Protocol which calls for 50 per cent representation by women at all levels of government by 2015 and further calls for member states to put in place legislative measures which guarantee that political and policy structures are gender sensitive. It draws up a plan of action setting specific targets and time frames for achieving gender equality in all SADC countries as well as effective monitoring and evaluation.

Beijing

The new Constitution was seen by minority of Kenyan’s as the country’s commitment to promote women in leadership positions from the county up-to national level. This is in line with the decision to promote women in decision-making positions worldwide which gained momentum during the 1980s and early 1990s through a series of international conferences.

Further impetus came from the Fourth World Conference on Women, held in Beijing, China, in 1995, which called for at least 30 per cent representation by women in national governments. In September 2000 at the UN Millennium Summit in New York, world leaders pledged to “promote gender equality and the empowerment of women as effective ways to combat poverty, hunger and disease and to stimulate development that is truly sustainable.”

Therefore, for Kenya to stand tall among the African countries, the political class needs to be counted in the issue of the two-thirds principle and as stated by the former UN Secretary General Kofi Annan: “Study after study has shown that there is no effective development strategy in which women do not play a central role and when women are fully involved, the benefits are immediate - families are healthier and better fed and their income, savings and investments go up.”

Annan goes on to add: “And what is true of families is also true of communities and, in the long run, of whole countries.”

Rwanda is an example which is being used to showcase the impact of women in leadership. A recent UN Women Report documents Rwanda’s competitive advantage when it comes to the status of women and overall development progress.

Recognition

Quoted in the UN Women report, Oda Gasinzigwa, Rwanda’s Chief Gender Minister says, “It’s good to recognise us. There are a lot of achievements we have registered and the good performance is attributed to the political will. The leadership has trusted us to participate in all levels of development.”

It is against this background that more than ever, the debate on twothird principle needs a political goodwill which only the government can provide.

Looking at law implementation with a gender lens Continued from page 1 leadership though there is a pending court case challenging the gender imbalance in the composition of the Supreme Court.

According to a cross section of women leaders, the major bone of contention was that they were not ready to allow the political elite to start implementing the Constitution on the wrong Njoki Ndung’u Mumbi Ngugi Pauline Nyamweya footing with a ’minimalist approach‘ at dealing Bomas conference have been taken on board her appointment, Shollei served as the deputy with gender issues. Two thirds of seven suand included in the 27 legislations sent by the chief electoral officer at Interim Independent preme court judges is 2.333!

Executive to Parliament to enact.

Electoral Commission (IIEC).

The first five constitutional laws that were The significance of the judges appointments, debated and passed by the 10th Parliament as opposed to that of the Supreme Court judges were the Independent Officers (Appointment) is that it met and exceeded the criteria of the The Chief Justice Willy Mutunga set a preAct; the Independent Electoral and Boundaries minimum threshold of not more than one third cedence that the political class need to pay Commission, the Judicial Services Act and the of the same gender as provided in the Constituattention to and understand that Kenya has Supreme Court Act; and the Vetting of Judges tion. The not more than two thirds principle rewomen who are educated and empowered to and Magistrates Act 2011. mains a subject of court battle over the Supreme make the two-thirds threshold that the ConThe CIC has lived up to its mandate and the Court appointments. stitution stipulates when he appointed 13 public’s expectations by ensuring that it met the Of the judges appointments, Mutunga said: women out of 28 new High Court judges who target deadline of completing the review of 23 “We have picked candidates from rich diversihave just been appointed. pieces of legislation within the first year after ties decreed by the Constitution and law inLydia Achode, who is immediate former the promulgation of the new Constitution. cluding gender, ethnicity, county, generations, registrar of High Court is among the new apminorities and others forms of marginalisation. pointee judges as well as Pauline Nyamweya.

Indeed, as we mark the first anniversary since Others are Mumbi Ngugi, Beatrice Thuranira, the promulgation, the implementation process Grace Nzioka, Christine Meoli, Hedwig OnOut of the expected 24 bills to be completed steered by the Constitution Implementation gudi, Stella Mutuku, Rose Ougo, Roseline Kowithin year one of the Constitution of Kenya Commission (CIC) has made positive steps but rir, Abigail Mshila, Cecilia Githua and Stella 2010, only the Public Finance Management Bill a couple of challenges remain.”

Muketi. delayed by policy differences between stakeMutunga reiterated that the selection proThe new Constitution created a new posiholders was yet to be completed by CIC 10 days cess also took into consideration diversity that tion for chief registrar to administer the whole to the deadline. Frantic efforts were being made exists currently in the Judiciary in order to adcourt system and this position goes to Gladys to beat the deadline. dress the gaps that exist. One of these gaps is Shollei as the Registrar of the Judiciary to reAs the clock ticked closer to the deadline, gender inequality. place Lydia Achode. the Cabinet has been working over-time to enSo far, the CIC has ensured that most of The Chief Justice said Shollei was picked in sure that it clears its in-tray as far as pending the women’s gains captured from the historic a competitive and transparent process. Prior to Bills are concerned. The three Bills it approved

Appointed Judges

Pending Bills

Lydia Achode and forwarded to Parliament mid August are The Independent Ethics and Anti-Corruption Commission Bill, The Power of Mercy Bill and The Kenya Heroes Bill.

Pending Bills include Ratification of Treaties Bill, Kenya Citizenship and Immigration Bill, Kenya Citizens and Foreign Nationals Management Service Bill, and the Urban Areas and Cities Bill, Environment and Land Court Bill, and the Public Financial Management Bill.

All in all, the road to implementation of the new Constitution has proved to be less controversial and stormy as had been feared by pundits.

There is a ray of hope especially for women as they face the second phase of the implementation of the Constitution on the eve of the first General Elections under the new political dispensation.

The sky will be the limit for women this time around to ensure that the one-third principle in elective and none elective posts are filled by one of their own who is competent and most qualified. Kenya has women who are educated, politically conscious and empowered to make up the not more than tow thirds principle work, and they only need to be given space in the male dominated sphere to prove their worth.

ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

Patriarchy fights back

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Kenyan women stand up and safeguard your rights!

By FAITH KASIVA The Cabinet proposal of a constitutional amendment bill to alter provision the gender equality provision in the Constitution of Kenya (Cok) 2010 is a wakeup call for the women movement in Kenya.

Communication from the Presidential Press Service sent to media houses on Thursday, August 18th read: “With regard to the requirements for the one-third representation in Parliament by either gender, Cabinet decided to set up a task force to prepare a Constitution amendment bill to deal with this important requirement that is technically impossible to achieve under the current stipulation.”

This was shocking news to many hardly a year after the promulgation of the constitution.

On reflecting on the breaking news, I realised that patriarchy was fighting back!

History

The history of women’s emancipation in Kenya dates back to many years ago from the struggle for women’s suffrage to the documented experiences towards attempts to put in place legal and institutional framework. In 1996, Charity Ngilu, a current serving member of Cabinet unsuccessfully moved a motion in Parliament on the implementation of Beijing Platform for Action. Subsequently, Phoebe Asiyo and Beth Mugo made failed attempts to introduce an affirmative action bill in 1996 and 2000 respectively.

In 2007, the Government of Kenya through the then Minister for Justice and Constitutional Affairs, Martha Karua moved to Parliament with the Constitution of Kenya (Amendment) Bill 2007 on affirmative action proposing to create 50 additional seats in the 10th Parliament .

The Bill did not sail through as male members of Parliament walked out of the House to deny it the necessary quorum for debate.

Against this background, the CoK 2010 was a huge gain for women as it provides a legal framework for gender Members of Parliament Joyce Laboso and Rachel Shebesh at a press conference where they equality and women’s emcastigated the Cabinet for attempting to remove the two-third principle from the Constitution. powerment.

Picture: Reject Correspondent Notably, affirmative acpart of the minister and is out of tune with the bilise around.” tion is guaranteed in the Constitution in a couple tenets of affirmative action and gender equality On the first anniversary of CoK 2010, women of provisions including Article 27 (8) that states the world over. The women’s movement in Kegains are threatened and about to be fundamenthat the State shall take legislative and other meanya should interrogate whether the minister is a tally altered, patriarchy is fighting back! The sures to implement the principle that not more good choice for this ministry since she was part ‘technically impossible to implement’ justificathan two-thirds of the members of elective or of a group of the politicians who opposed enacttion by the Cabinet is unacceptable, other counappointive bodies shall be of the same gender. ment of the new constitution. tries including Rwanda, Uganda, South Africa Article 81 (b) provides that not more than twoand the Scandinavians have done it. thirds of the members of elective public bodies Despite the assurance by the Prime Minister shall be of the same gender.

Atsango Chesoni, former vice chairperson and the Vice President that the Cabinet decision This is the bone of contention for the Cabinet of the Committee of Experts that drafted CoK was misunderstood, this is a wakeup call for the as they referred to it as “technically impossible” 2010 has opposed the move for a constitutional women’s movement. to achieve may be partly informed by an ongoing amendment on the one-third principle.

Kenyan women have waited for so long for court case where women’s organisation in Kenya She proposes that if Cabinet is looking for affirmative action in elective and appointive poled by the Federation of Women Lawyers in Keformulae on how to comply with the one-third sitions. Any attempts by a few leaders to deny nya (FIDA) have challenged the composition of principle, they should revert back to the origiwomen their right as endorsed by the majority the yet to be established Supreme Court. nal Article 121 that proposed a mixed member of Kenyans during the referendum should be reThe response to the Cabinet proposal has proportional representation (MMPR) that was pulsed through all means possible. been diverse. While women’s organisation and presented to the Parliamentary Select CommitThis is the time for the Kenya women movesome progressive women members of Parliatee on January 8th, 2010. ment to transcend class, tribal and political difment have vehemently opposed this move, the Chesoni has called for extensive consultaferences and unite to jealously guard women’s Minister of Gender, Dr Naomi Shabaan in a tions before any amendment to the constitution gains in CoK 2010. press conference appeared to justify the Cabinet to avoid setting a bad precedent.

Kenyan women should stand up and to be position as part of collective responsibility. What She notes: “The core question is whether counted; women’s gains in CoK 2010 should was shocking though was the sentiment by the there is political will for equality principles and be safeguarded for the current and future genminister that “women should vie for seats and whether or not we are once again faced by those erations. compete with the men”. who want to open up the constitution again for The writer is the Executive Director African This statement reflects ignorance on the other purposes and sexism is an easy tool to moGender and Media Initiative (GEM)

Consultation

A simple amendment to the Constitution or a reversal of all gains?

In this article, Atsango Chesoni responds to the Cabinet decision to decide to make Constitutional amendment to the women’s gains.

The Committee of Experts (CoE) actually provided for Mixed member Proportional Representation (MMPR) in the draft that was submitted to the Parliamentary Select Committee (PSC) on January 8th, 2010.

Article 121 of that Draft Constitution provides that the National Assembly would consist of: 1 (a) members elected one each by the constituencies as may be provided by legislation; (b) women elected one each by the counties, each county comprising a single member constituency; (c) members elected on the basis of proportional representation in accordance with Article 108 to represent: (i) women; (ii) persons with disabilities; and (iii) marginalized communities, marginalized groups, the youth and workers; (d) the Speaker who shall be an ex officio member.

(2) The members elected under clause (1) (c) shall comprise such number o persons as shall be required to result in the following proportions in the total membership of the National Assembly: (a) At least one third being women;

By Atsango Chesoni

(b) At least five percent being persons with disabilities; and (c) At least five percent being persons falling in the category of marginalised communities; marginalised groups, the youth or workers.

(3) Nothing in this article shall be construed as excluding any person from contesting an election under clause (1) (a).

This provision was amended by the Parliamentary Select Committee on the Review of the Constitution chaired by Honourable Abdikadir Mohammed and deputised by Honourable Ababu Namwamba in Naivasha to: set the number of seats in the National Assembly at 290. Because the agreed number of counties was 47 the number of seats for women in that category fell to 47.

They then removed all provisions relating to mixed member proportional representation and inserted a provision for 12 nomi-

nated members of parliament representing “special interests” a category of parliamentarians the people of Kenya had expressly stated they. Whilst CoE raised concerns about these amendments, we were informed that this was the one clause we were not to touch and that it was key to the Naivasha settlement.

Political process

Given that constitution making is a political process, we were concerned that the provisions regarding women would be an easy rally point for the house reopening the draft and eroding whatever gains existed therein. It is important to also note that other marginalised groups such as youth, persons with disabilities and minorities also lost in this debate and the window of opportunity for proportional representation was completely lost. It is important that a factual record of this discussion is provided as it points to the lack of political will not only for gender equality but also a more egalitarian

political process, so no Prof Ghai it wasn’t that CoE “didn’t know what it was doing” we were faced with an extremely difficult political choice as a threat was made that should parliamentarians open the draft what little gains women had would be removed.

Whilst the Constitution in its present form does not provide a formula for the National Assembly, if there are any amendments that are occurring in good faith it would be far easier to amend the current Article 97(1(c)) to revert to the original Article 121 than to remove provisions protecting the one third principle. The core question is whether there is political will for equality principles and whether or not we are once again faced by those who want to open up the Constitution again for other purposes and sexism is an easy tool to mobilise around. Incidentally the “impracticality” justification has been raised every time the question of gender equality in the National Assembly is raised. It was raised in 1997, at the time we were told to deal with it as a matter of comprehensive reform; again at the National Constitutional Conference, MMPR was thrown out.

It is important that we think about this strategically in light of its historical context. Incidentally what is the excuse for violations in respect of appointive offices?

The writer was Deputy Vice Chairperson of the Commission of Experts who wrote the Constitution

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ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

Cabinet sends a stunning ruling on gender parity

By Joyce Chimbi The Constitution has been hailed as the most gender sensitive and progressive law in the history of the country. However, this perspective may be short lived if the recent move by the Cabinet to amend one of the most significant articles under Chapter Seven on the representation of the people is anything to go by.

Terming it technically impossible to implement, the Cabinet is now moving towards the first constitutional amendment and it will not be difficult since this chapter is not protected and can be amended without a referendum.

Article 81(b) states: “Not more than two-thirds of the members of elective public bodies shall be of the

same gender”. This has been received with great optimism among quarters which are keen on gender equality.

“This is unfortunate. The Cabinet should have given us a formula to actualise this article. This article is really not about women, it is about gender equality,” explains Naomi Kiama, a gender activist in Murang’a County.

This comes when more and more women continue to present themselves for various leadership positions.

Though unfortunate, the Cabinet decision on this particular article is not surprising.

The concept of engendering politics has remained extensively controversial and a basis for heated debates.

Many see it as a battle between men and women which has continued to

make it difficult for the society to become receptive to gender parity within the political arena.

It is sad that the minister charged with defending women’s rights is not up to the task. According to media reports, Dr Naomi Shabaan, Minister for Gender who sits in the Cabinet women should not look for special preference. Shabaan was quoted saying that women who are aspiring for leadership position should battle it out with men.

She was quoted saying women should stop asking for special treatment and go out to the electorate and face the men at the ballot reiterating that it had been done before. “We cannot lock men out of politics because women want constituencies.”

Over the years, the number of

women in leadership positions has increased, there are more female faces in politics with the current Parliament having the highest number of female members of Parliament.

However, there is a feeling that Kenya should have been able to make more progressive steps towards more gender inclusive politics if there was an affirmative action in place.

“Having 22 female MPs in a house of with 222 MPs is a reflection of the gender inequalities in the society. The Constitution would have been able to change the scenario,” explains Peter Njiru, a political analyst in Nairobi.

In spite of the intentions to amend article 81(b), the Constitution has in principal opened fundamental doors in relation to gender representation in political positions.

Gender equality makes significant political sense and can catapult the country towards greater actualisation of good governance.

“Good governance means equality and equity for all. It means a leadership that is participatory, inclusive and responsive. These are ideals that will not be achieved until women, who constitute a majority of the population are also included in leadership,” explains Njiru.

The quest towards having gender parity in leadership has been long and winding. Women who threw their weight into politics in the early years after independence paid a high price. Unfortunately, the situation has not changed in any significant way, in fact, it seems to be getting worse.

Female face of the race to State House

By Joyce Chimbi It is the most coveted political seat in the country and the road towards it is marred with a myriad of problems, and only the bravest dare to even dream of treading it.

Not many women have travelled this road and the few who have walked it can attest to the fact that the obstacles are as huge as they are many. They also can narrate long tales of difficulties and challenges that mark this journey.

Yet in what is increasingly becoming common in African countries, more and more women are standing up to be counted in the race for presidency.

It, however, comes as no surprise that Martha Karua, the Gichugu MP and Narc-Kenya chairperson has thrown her weight into the race. A successful presidential bid would make her the first woman president of the Republic of Kenya.

“In a society that is largely patriarchal, tough times lie ahead for her, but the iron lady has never been known to shy away from a challenge no matter how insurmountable it might appear,” she said while launching her presidential bid.

Her acknowledgment that the journey ahead is not for the faint hearted is a clear indication that indeed tough times lay ahead. She is known to be strong, determined and hardworking, all of the qualities that she will need to remain in the race to the finish line.

Sole female face

Although other female aspirants might join the presidential bid, at the moment, Karua is the only female face in the growing list of presidential hopefuls.

“You can be assured that Karua is in it to the bitter end. Her intentions to vie for presidency have been clear for a while. Whether she makes it or not is not necessarily the issue here, it is commendable that women are taking the new political dispensation very seriously, “explains Charles Mwai, an administrator in Nairobi.

Although the political arena has been opening up for more female politicians, it has not made competitive politics easier for women at all levels of governance.

“There is a feeling that things might change in light of the new constitution and in keeping with the spirit of gender equality and equity,” says Julia Akinyi, a gender activist. She adds: “But it is unlikely to change competitive politics in a significant way in as far as women vying for positions is concerned. It is possible there will be less physical violence, but women must prepare themselves to fight hard.”

Indeed the race has not been easy for female aspirants eyeing political seats in all levels of governance. Unimaginable levels of physical and emotional violence has been meted against them. Character assassination against women political aspirants and even seasoned politicians out to prolong their reign has marked the face of gender and governance in the country. Insults that touch on femininity which are degrading and totally unwarranted have been the bitter cup

that these women have had to contend with.

Yet still they try. They continue to present themselves for various leadership positions towards transforming the face of governance in this country.

Presidential bid

On April 27, Karua was joined by scores of her supporters at the Louis Leakey Auditorium of the Kenya National Museums in Nairobi in launching her presidential bid which officially marked the beginning of her journey to State House.

“Many know that Karua is a no nonsense kind of politician and that to many, it is clear that she has what it takes to lead the nation. But is this enough in a society that is excessively male dominated, where the man’s view is not only the most dominant but also the women themselves contribute a great deal towards its sustenance?” poses Akinyi.

This seems to be the big question: Just what will it take to have a female president? It is not an impossible dream as others have done it with Liberia being closest example of having the first woman president.

Nonetheless, the Gichugu MP has acknowledged that the challenges that stand in her way as a female presidential but her spirit seems to ride higher than the troubles and difficulties that she must face in one of the most aggressively sought after seats in the country.

“I, however, take heart in recognizing that women are the backbone of a home and society.

They say educate a girl and you have educated the village, I say elect a woman to be president and see what commitment to the country and citizenry look like,” said Karua.

Running under the ‘Twajitokeza, Martha Karua 2012’ Karua has continuously stated that she will not be cowed into giving up her presidential ambitions for someone else and that everyone interested in becoming the country’s next president should join her and have Kenyans decide on merit.

Together with Gatanga MP Peter Kenneth, they have condemned populist politics where people elect names and not merit. This, they have said, has no place in the Kenya we want.

Having grown up in rural Kirinyanga, the Gichugu MP says that her earlier life in the village prepared her for hard work and persistence

Martha Karua, Narc-Kenya chairperson is the only woman who has so far declared her intention to fight for presidency in the first general elections within the new Constitution. Picture: Reject Correspondent. which are significant virtues for anyone charting through troubled waters that define politics in this country.

Despite the difficult challenges ahead, Karua is not alone in her aspirations to become this country’s first female president. Others came before and though they cast unsuccessful bids to claim the House on the hill, they nonetheless left a significant mark, a legacy on which other women can build on and move further than they did.

In spite of the outcome of the 2012 General Elections, the Gichugu MP will have left a legacy, one that very few women have so far established and in this light, she is in good company.

Wangari Maathai, the 2004 Nobel peace prize winner for her works in agitating for sustainable environment conservation making her the first black woman and the first environmentalist to win the coveted award, has walked this road.

It is said that in 1992, Maathai was approached to run for the presidency but declined.

This was inspired by her growing political clout

“I, however, take heart in recognising that women are the backbone of a home and society. They say educate a girl and you have educated the village, I say elect a woman to be president and see what commitment to the country and citizenry look like.”

— Martha Karua.

and sharp criticism to the regime of the day.

Throughout the 1990s, Maathai was arrested many times for her political sentiments.

Come 1997, she was ready to go for the Presidency, and even though the society was still not ready for female leadership, her bid was not entirely fruitless.

Many women felt encouraged to make an attempt for a political seat. However, Maathai was not alone. Charity Ngilu, then running on a Social Democratic party (SDP) ticket was in the race too, and she indeed took the country by storm. Many would remember the “Masaa ni ya Ngilu (the times are for Ngilu)”, a signature slogan to her presidential bid.

Other attempt

Ngilu would emerge number five in the tightly contested race. Although unsuccessful, her attempt was another indication that slowly but surely, women were making inroads into the political arena and on the road to State House.

Most recently in 2007 Nazlin Omar Rajput gave the presidency a try. She will be remembered for having urged the Government to allow female political aspirants to carry guns for their protection. The number of women who have physically and emotionally assaulted vying for various political seats was an indication that Omar’s fears were indeed founded.

Since the country gained independence in 1963, no woman has ever held any of the high political office —president, vice president, premier or even deputy premier.

May be time has come for a leadership that is receptive of both gender. Perhaps it is even time for a female presidency. Only time will tell.

ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

5

Delayed implementation could lead to flawed laws

By FAITH MUIRURI Constitutional implementation deadlines are fast approaching. However only five laws have been passed against the 26 legislations required to meet the agreed timelines for the development of priority bills for the period ending August 30, 2011.

Information available at the Commission for the Implementation of the Constitution (CIC) website indicates that only the Independent Electoral and Boundaries Commission Act, 2011; The Independent Offices (Appointment) Act, 2011; The Supreme Court Act, 2011; The Judicial Service Act, 2011 and The Vetting of Judges and Magistrates Act, 2011 have been finalised.

Laws of utmost urgency currently running behind schedule include the Elections Bill, Political Parties Bill, the Ethics and Anti Corruption Bill, the Kenya National Human Rights and Equality Commission Bill, legislation on Citizenship, legislation on Ethics and Anti- Corruption Commission, vacation of office of Member of Parliament, all legislations on devolution, and the legislation on Contingencies Fund and Loan Guarantee by National Government.

Quality

Matters are further complicated by the failure by law drafting teams to fast-track the process. The delays largely blamed on the sluggish pace in preparing the bills now threaten to compromise the quality of debate on the bills and the ability of parliamentary committees to scrutinise the bills which may result in rushed legislation with weak provisions.

“We might end up with poor quality legislations that are inconsistent with the Constitution,” observes Hassan Omar Hassan, a commissioner with Kenya National Commission on Human Rights (KNCHR).

Hassan says legislative delays may lead to the creation of weak institutions due to insufficient understanding of salient issues, the bitter political competition between PNU and ODM camps and efforts of anti-reform elements in the National Assembly.

“Anti reformers are at work mis-educating or misinforming Kenyans on what the Constitution says. Perceptions of devolution as ‘majimbo’ may leave citizens vulnerable to manipulation by political leaders and ethnic violence,”

Constitution Implementation Commission Chair Charles Nyachae with his vice Elizabeth Muli at a press conference where they briefed the press on the implementation process. Picture: Reject Correspondent explains Omar.

He says that most ministries are now turning themselves into commissions to beat the Constitutional provision of not more than 22 Ministries.

“An example is the splitting into three of the Commissions under the Kenya National Human Rights and Equality Commission (KNHEREC) to formulate the Ombudsman Commission Bill, 2011, the Kenya National Human Rights Bill, 2011 and the National Gender Commission Bill,” he explains.

Omar argues that the work between the KNCHR and the newly created commissions under Article 59 may create room for conflict among the commissions.

Further, the Labour Court Bill, 2011 also tries

to propel the current judges into new positions without the necessity of some public examination and assurance that they meet the requirements and standards set by the Constitution.

Omar now wants Kenyans to be vigilant to ensure that anti-reformers do not derail the constitutional implementation process.

Non-state actors on the other hand feel that the ongoing disjointed efforts are likely to yield laws that are not harmonised.

They want Kenyans to speak up and oppose any attempts to undermine the effective implementation of the constitution.

“All Kenyans have a responsibility to ensure that the Constitution is implemented in accordance with the provisions provided within it,” they add in a joint press release.

“All Kenyans have a responsibility to ensure that the Constitution is implemented in accordance with the provisions provided within it.”

The organisations which include The Institute of Social Accountability (Tisa), Centre for Enhancing Democracy and Good Governance (CEDGG), Centre for Human Rights and Civic Education (CHRCE), the International Commission of Jurists (ICJ-Kenya) and the Transparency International say forces of impunity are determined to use all means at their disposal to protect themselves from accountability.

They also note that the Constitution clearly outlines the tasks of the various levels of government. “However, the insistence by some quarters that the provincial administration should be retained is a demonstration of unfortunate conservatism in those intent on maintaining the status quo and seeking to derail the reform process.

Such calls are out of step with the reform demands of the time and should be ignored,” adds the statement.

With the 2012 elections fast approaching, three other key laws namely Elections Bill, Political Parties Bill and the Ethics and AntiCorruption Bill are yet to be debated upon.

Without these laws, the new electoral body will remain toothless and ineffective.

Other salient issues include proposals that may see the establishment of too many structures which may require introduction of new checks and balances to ensure accountability and provide a foundation for a sustainable economy.

Further devolution has continued to be a sticky area as Kenya’s Constitution implementation process unfolds. Several legislations governing devolution are still pending despite the August deadline.

Unhealthy competition

Another emerging concern is the unhealthy competition between government institutions which is likely to result in discordant and inconsistent laws.

There is also the issue of a looming crisis in the public sector as government staff transit from present institutions to the new institutions under the new Constitution of Kenya. This process needs to be handled transparently, fairly and effectively to ensure county governments do not inherit mismatched or bloated workforces.

The Task Force on Devolved Government has proposed the formation of an independent, lean but effective transition agency to deal with the county transition including the transfer of staff and assets.

Electoral body gears for mock elections

By FLORENCE SIPALLA As the country gears towards the 2012 General Election, the Interim Independent Electoral Commission (IIEC) is planning a mock election in two constituencies as a test drive to see how the elections under the Constitution promulgated in August 2010 will pan out.

It is an internationally accepted best practice for electoral bodies to conduct mock elections before a General Election. Before the recent referendum in Sudan that saw the birth of Africa’s 54th nation, there was a mock election to gauge how the process of voting would be like.

The mock election is going to cost an estimated KSh60 million. For this important exercise, the Commission has chosen Kajiado and Malindi North constituencies as the polling stations.

“This is because these two constituencies are representative of the demographics we have in the country. They have both high and low income earners, urban and congested areas as well as being sparsely populated areas,” says Gladys Shollei, outgoing deputy CEO at the IIEC. The mock elections will allow the IIEC to gauge how long it will take to vote with six ballot papers for the President, Senator, Member of Parliament, Governor, county and Women’s Representative as opposed to the three that the country has always voted for the presidential, parliamentary and civic candidates.

“It is like a mock exam, it gives you practice and an idea of what the exam will be like,” explains Shollei.

This dry run will give the Commission an opportunity to educate voters while at the same time identify logistical challenges it is likely to encounter and prepare to deal with them expeditiously.

The Commission will use the voters currently registered in these two constituencies as voters in the mock election. New voters will not be registered for this exercise. The IIEC is also deliberating on who to use as candidates. In an effort to avoid using politicians, the Commission is considering using neutral figures. “These will be Kenyans who will never run in the two constituencies,” adds Shollei.

Voter education

The Commission will run the mock elections like a real election and will provide the campaign resources for the candidates. This will serve as part of voter education. Just like they would do in a real election scenario, the Electoral Commission will recruit staff to assist in the mock election process. These staff members will work under the leadership of a Constituency returning officer.

The electoral body is confident that they are ready for the 2012 election. The past General Election was marred with incidents of double registration. To eliminate this problem in the registers, the IIEC gave amnesty to those who had been registered twice to surrender their cards.

“The IIEC is also working with chiefs and the registrar of births and deaths to ensure that deceased voters are expunged from the voter register,” explains Shollei.

“Within a fraction of a second, it is possible to confirm whether a person had been registered before,” she says with regards to the efficacy of the electronic register.

“We hope to roll it out in all constituencies but this will be subject to funding,” said Shollei, adding that this was something that can be achieved over time.

Much as women form the majority of the electorate, they are not proportionally represented in leadership positions. The new constitutional dispensation is geared at changing this as not more than two-thirds of one gender will be allowed to be in any institution.

To ensure that this threshold is met, Shollei urges political parties to field more women candidates.

The Constitution also guarantees the rights of people with disabilities. This is also with regard to their voting rights. To ensure that this minority group is not left out of the voter education process, the IIEC is partnering with the Kenya Society for the Mentally Handicapped (KSMH) to ensure that all voter registration materials are made friendly for people with disabilities. This includes ensuring voter materials and education is friendly to people with disability including those with intellectual and mental disabilities.

The KSMH executive director Eddah Maina says: “People with mental disabilities are glad that the IIEC has upheld respect for equality and non-discrimination that is provided for under the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and the new Constitution.”

“It is like a mock exam, it gives you practice and an idea of what the exam will be like.”

— Gladys Shollei, outgoing deputy CEO, IIEC

“The IIEC conducted registration of voters with intellectual and mental disabilities in a process that recognised their need for informed support,” says Maina who is also a rapporteur on the UN Committee on the Rights of Persons with Disabilities.

She adds: “It is important to cater for the rights of people with disabilities with regards elections but also in different aspects of life.”

6

ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

Act opens party management spaces for women

By Duncan Mboyah & Jane Godia Legislators have debated and passed the Political Parties Act setting the pace for the entrenchment of institutionalism and professionalism in managing the affairs of political parties.

The Political Parties Act 2011 is made pursuant with provisions of the Constitution Articles 91 and 92.

This Act will bring an end to a culture where politicians hop from one party to another.

According to the Political Parties Act, one cannot be a candidate of a political party if they have not been that party’s member for three months. However, there was an earlier suggestion that it be six months but politicians recommended that it takes three months.

It is expected that the Act will bring sanity in the management of political parties in the country. For decades, political parties have been managed like private companies by politicians with some using them as a bargaining vehicle to positions of leadership.

Bargaining chip

For a party to exist it must field candidates for national and county elections. The party must encompass national values and principles. A party must have members from all parts of the country.

In Article 91 (1) (c) it states: “Every political party shall promote and uphold national unity.”

The Act proposes deregistration of political parties if they do not conduct free and fair elections and calls for stern measure against defectors. It will ensure that members of political parties must reflect regional and ethnic diversity, gender balance and representation of minorities and marginalised groups.

For the first time, women are to be mainstreamed in political leadership having shied off due to arrogance and use of uncultured scary

tactics applied by men during the electioneering period.

In Article 91 (1) (f) it states: “Every political party shall respect and promote human rights and fundamental freedoms and gender e1quality and equity.”

According to Joy Othieno, a lawyer based in Nairobi: “Women have avoided contesting for senior positions in political parties due to intimidation by male competitors but this is set to change once the Bill becomes effective.”

Othieno, however, reveals that lack of money has also been a stumbling block to women’s serious competition in party politics.

“Cultural beliefs by various communities are also to blame since most communities do not believe in women leadership,” she observes.

According to Constitutional Affairs and National Cohesion Minister Mutula Kilonzo, the Political Parties Act has factored in gender requirements and regional inclusion that must be put in place before the registration of any party to reflect the aspirations and spirit of the new Constitution.

He says the Act mandates that all national office holders reflect the face of Kenya, something that seeks to banish ethnicity and create the culture of a national outlook for parties.

“It also allows merger of political parties and that the agreement must also be deposited with the registrar within 21 days of the merger,” says Kilonzo. He explains: “The Acts stops individuals who are members of a political party from promoting the ideology, interests or policies of another party or campaigning for another political party or candidate.”

The Act calls for establishment of a fund to be given to parties against their total number of votes secured in a General Election. To qualify for funds, the 15 percent for employing the equal criteria; Five percent for administration; 80 percent for proportional representation and; 40 per-

Women supporting the PNU party during the 2007 election campaign. Women are missing in top party leadership. Picture: Reject Correspondent cent will be based on the number of women and youth brought into the party.

However, it denies parties from receiving funds from non citizens and requires that they publish their source of funds.

Assistant minister for Education Dr Kilemi Mwiria observes that “coalitions are mainly formed in this country because of hypocrisy, opportunism and dishonesty”.

Mwiria condemns the ethnic arrangement in formation of coalitions as a bad trend for national cohesion because it is a manifestation of tribalism. “Sanctions should be imposed on those who insist that their communities should go one way or another or imposed on those who advocate for ethnic coalitions,” urges Mwiria.

“We should learn to disagree within political parties and sort out differences from within the parties,” notes Mwangi Kiunjuri, MP for Laikipia East.

He calls on political parties to set up arbitration committees to help in solving internal wrangles instead of the conflicting parties expressing their differences in public, a habit that only helps fuel hatred among different communities.

Lands Minister James Orengo who supported the Bill, blamed the Government for orchestrating the collapse of political parties in the post independence Kenya.

Orengo notes that Kenyan media’s obsession with the name calling of politicians has also helped spread the anarchy where people belonging to one party openly advocate for a rival party.

“This is nihilism (an extreme form of sceptism that systematically rejects all values, belief

etc) in politics. It has no place in a democratic society,” observes Orengo.

Chairman of the Centre for Multiparty Democracy (CMD) Justin Muturi says that the country requires strong parties as institutions of public governance.

“Parties should have a national outlook and be ran professionally. We do not want parties formed without ideology and whose purpose is to win positions,” explains Muturi. “The Act has heavy penalty to be taken against those who jump from one political party to another like grasshoppers,” reiterates Kilonzo.

Although the Parliamentary Constitutional Oversight Committee (CIOC) believed the amendments will be accepted by Parliament, a group of legislators under the G7 Alliance defeated the committee’s suggestions especially on Clause 10.

They insisted that two or more political parties may form a coalition before or after an election and deposit the agreement to the registrar of political parties three months to elections.

They also agreed that the coalition agreement be held after the General Election contrary to the requirements put in place by the Constitution.

The Political parties will be managed by the Office of the Registrar, which will be a state office independent of the Independent Electoral and Boundaries Commission (IEBC) created under Article 250 of the Constitution. Every party must have a distinct name and symbol. It will not be like in 2007 when Orange Democratic Party and Orange Democratic party of Kenya were fighting over the orange symbol.

Will parties deliver women to decision making positions?

By Rosemary Okello If there is a time in the history of Kenya when political parties will come under sharp scrutiny especially on the issue women’s representations both at the National Assembly and within the Devolved system, it is the 2012 General Elections.

Unlike before when the political parties were never taken to task in as far as women’s representation was concerned, the current Political Parties Act 2011 replaces Political Parties Act 2007.

According to Dimah Liech of the Office of the Registrar of Political Parties, the Political Parties Act under the Societies Act (Cap. 108) provided for registration of all manner of associations. The political parties were registered as mere societies with the same legal status as other organisations such as clubs, professional associations, welfare societies and women’s groups among others.

Even though the Political Parties Act section 30 (4) provides that: “No political party shall benefit from the fund if its registered national office bearers do not reflect at least a third of either gender.

According to Liech: “This has not had a strong impact on the political party decision making. Women representation at the national, regional and constituency level is lacking.”

Currently the official total political

party membership stands as follows; male 82,237 representing 63 percent and female 48,353 representing 37 percent. The total number of men and women in all the National Executive Council (NEC) are as follows; 673 men representing 63 per cent and 402 women representing 37 percent.

Political embrace

The total numbers of the National Political Parties Liaison Committee are as follows: 35 men representing 75 percent and 12 women representing 25 percent. The Regional Political Parties Liaison Committee currently stands as follows; 491 men representing 82 percent and 108 women which translate into 18 percent. The Political Parties Liaison Steering Committee has a total membership of 166 people of which 142 are men translating to 75 percent and 42 are women which translate to 25 percent.

She emphasised that under the political and electoral rights of women under the Constitution Chapter 2 Article 4 (2) among other things reinforce the fact the political parties should be guided by principles such as national unity, rule of law, democracy, participation of the people, equity and equality, non-discrimination, good governance, transparency and accountability.

Even though women like men are free to make political choices including the right to form or participate in

“Women come in late especially in political processes and are always left behind when major decisions are made.”

— Winnie Guchu forming a political party, Liech was concerned that their participation in the affairs of political parties is still very minimal. For example, women do not participate in the activities of political parties and have left the men to set the agenda within recruitment of members or political party campaigns.

However Article 91(1) is very clear on how political parties should

operate. It calls on them to abide by the democratic principles of good governance, promote and practice democracy through regular, fair and free elections within the party, respect the rights of all persons to participate in all the political process, including women, minorities and marginalised groups.

Therefore as women look for strategies to ensure that the principle of not less than two-thirds is achieved, the Constitution under Article 81 recognises affirmative action as a principle of the electoral system and this principle is to correct under-representation of special groups such as women, youth, minorities and marginalised groups.

Positions

As it is currently, the Constitution provides that both men and women can be elected in the following elective position —President, Members of the National Assembly, Members of the Senate, County Woman Representative to the Senate, Governor and County ward representatives.

Political parties will therefore be required to draw and submit gender– integrated list of nominees to elective and representative positions before the General Elections.

The suggestions given by the Interim Independent Electoral Commission which has been captured in the Political Party Bill is that the nomina-

tion by political parties to be submitted to Independent Electoral and Boundaries Commission (IEBC) be done in a zebra format as follows; if the first name is a man, then the second person has to be a woman.

Going by the Political Party Act, the names of those to be nominated should be submitted to IEBC three months prior to the General Elections.

If the elections were to take place on August 14, 2012 as suggested by the Constitution and if there will be 47 political parties, then going by the zebra criteria, each party will have to submit 12 seats for the National Assembly multiply by 47 of which six has to be women. The same trend should be replicated within the County and the Senate.

Going by the analysis above, women are poised to benefit but the challenge that begs answers is how women will fully take advantage of the provisions provided within the Constitution regarding gender equality and representation within the political parties.

According to Commissioner Winnie Guchu, there is need to develop a clear analysis to reflect how women will participate through the political parties. “This is because women come in late especially in political processes and are always left behind when major decisions are made on the party front,” she explained.

ISSUE 046, Aug 26 - Sept 15, 2011

7

Unfiltered, uninhibited…just the gruesome truth

Using new constituencies to ensure fair representation

By JILL COTTRELL GHAI This paper assumes that six of the 12 “special interest group” seats in the National Assembly are guaranteed by requiring the “zebra lists” to begin with a woman. Note that it would be unusual to get more than eight of those seats. No more than six can be guaranteed.

Imagine the following possible distributions of the seats between parties on the basis of their overall seats won in the geographical constituencies (each number in the row is the number of seats allocated to a party — with the last number being how many women there would be in the 12).

6 4 2 6 women 5 3 3 1 8 women 4 3 2 1 1 1 8 women 5 2 1 1 1 1 1 9 women 3 3 1 1 1 1 1 1 10 women Basically — for every party that wins more than one special interest seat there will be at least one man.

There are two possible main ways to use the 80 seats: To get precisely 64 seats (meaning that 117 women is guaranteed); to “top up” the seats won through the other geographical seats and the special interest group seats to make 117 overall.

Precisely 64 seats for women

Rotating seats The 80 constituencies could be divided into groups of 4 or 3 of which 3 in the case of groups of 4 and 2 in the case of groups of 3 would be allocated by lot for women only seats. This is the first basis suggested in Kåre Vollan’s paper, in his case relating to the whole country.

We could divide the 80 all into groups of four within which three would be for women only. This would produce only 60 women. It would be necessary for four more to be elected from elsewhere. As indicated the chances of having more than two extra from the “special interest” seats are not great. But it would need only two to four from the geographical seats.

Question — would the courts be prepared to declare the Elections Act unconstitutional if it did not guarantee 117 women — or would they wait until the results were declared?

The objection — all rotating seats have the same objections: (i) incumbency and (ii) that women get only one term. Would it make it better if the guarantee was for two parliaments — or would this just make the system harder to “sell” to men?

Two-candidate tickets Each party contesting one of the 80 seats would have to put forward either only a woman OR both a man and a woman. If there were two candidates the party would indicate by placing which of the two was its preferred choice. If, after votes were counted, fewer than 64 of the 80 seats were declared to be won by women, the remainder would have to be filled on the basis suggested by Kåre — beginning with the least successful party ticket, defining least successful in one of the four ways he suggests: The ticket winning a seat with the lowest number of votes across the 80 seats.

The ticket winning with the lowest share of the votes cast.

The ticket winning with the lowest share of the registered voters in the constituency.

The ticket winning with lowest margin of victory; that is in relation to number two in the constituency in percent points. For example, if the winner has 31 percent and the number two has 29 percent the difference is two percent points.

Just a thought: can we change the perception by saying that the norm for those 80 seats is to be filled by women — but a party that does least well is penalised by having to have a man?

In that case every party would have to field a woman and a man. The winning parties in all constituencies would be ranked in terms of their performance (by criterion two, say — in terms of their share of the votes cast). The one with the worst performance would have its seat occupied by a man and so on up the scale until the necessary number of men (16) was arrived at. This would not apply to any party that put its woman first on the ballot.

Chairman Isaak Hassan suggests another method for identifying which of the man or woman should take the seat, if I understand him: namely that each ticket should have not one box for the voter’s mark but two: one for each candidate. The voter would be asked to vote for a candidate not a pair of candidates.

Then the process of allocating the seats would be allocated in this way: “Any seat where the winning party fielded only a woman — woman fills it. Any seat where the woman in the winning party’s ticket got more votes than the man — woman fills it and remaining results scrutinised to see how large was the margin between the man and the woman on each ticket — begin to fill the seats with women, starting with the woman who came closest to the man in her constituency” The object of this is to recognise women who (i) appealed more than others to the voters even if they did not get more votes than the man on their ticket and (ii) presumably reward those

The 10th Parliament in session. Women form less than a third of the current parliament representation.

Picture: Reject Correspondent who campaigned harder — pulling their weight in the campaigning.

The loser method

Comments/questions: Would Chairman Isaak’s suggestion mean that areas with the greatest prejudice against women in politics would never get a woman member via this process? And would it — rather than encouraging women to pull their weight in campaigning — rather encourage male candidates to campaign selfishly to pull well away from the woman on the ticket? Latter may be unjustified fear — neither will get in if they do not poll the most votes overall in the constituency! Finally — would it be too complex for voters (or perhaps it would be easier for voters than grouping candidates in pairs with only one vote)?

Highest woman loser method This is Kåre’s third method under which each party put forward any candidate it chooses but if there are not enough women, the woman who scored best in her constituency but did not win would replace the man who did win, followed by the one who did next best – in another constituency. This would not work so well if we are considering only the 80 — left to themselves the parties might not field enough women.

They would have to be required to field at least 64 women in those 80 constituencies? Anyway it has the probably unacceptable disadvantage that Kåre pointed to — that the winner in a constituency would be replaced by someone from another party. It has another disadvantage in the Kenyan system: the 12 special interest seats are not allocated to parties until the other results are known. But this cannot be done until the constituencies’ results, in terms of party, are known. Catch 22! This is solvable by assuming no more than the guaranteed six women from the special interests seats.

The same methodologies (except for the rotating seats) could be used to top up the numbers to 117 overall.

This has the disadvantage that it fixes the women seats at a maximum of 117. It has a possible advantage that it might give an incentive to parties to be pro-active in putting forward women in winnable seats in the 210 constituencies — because that would give them more freedom of choice in the 80.

Twinning in the UK system has been described: For the first elections to the Scottish Parliament and Welsh Assembly the Labour Party

used a system of selecting their candidates by ‘twinning’ neighbouring seats. They took into account the ‘winnability’ of the seats, so that each pair would select one man and one woman. This opportunity was uniquely possible because the Scottish Parliament and Welsh Assemblies were new legislatures with no incumbent members.

Under the twinning system, the members of the two constituencies come together for the purposes of selecting candidates. Party Members have two votes — one for a woman and one for a man. The man and woman with the most votes are selected. Between them they agree who should have which seat.

This involved twinning adjacent seats of similar winnability. It does not guarantee anything because the voting public is far larger than the party membership that selects candidates. It depends on the concept of “safe seats” — not to be upset by anti-woman feeling among the voters. It was abandoned in the UK after the first election because of the incumbency issue.

The only guarantee of getting 50 percent women by twinning is to make it not a party matter but a legal matter. In other words the law or a legally mandated body would have to twin constituencies and require half to be women only and the other man only. It could be used to make triplets and quadruplets — which makes it essentially the same as the rotating constituencies model.

On the Senate

A system that grouped constituencies into pairs and said that a man and a woman from each party stood or fell together would, I think, be unconstitutional. Assuming voter numbers (of votes actually cast) was unequal between the two constituencies, one constituency might actually determine which party won in the other constituency. That does not sound like constituencies in which the members were each elected by the voters of single member constituencies (Article 47(1)(a)).

Sixteen women elected on party lists and two women for special interests mean that there will inevitably be 18 women. The total membership is 66 including the Speaker. One third is, neatly, 22 – so there would be a shortfall of four. These would have to come from the 47 counties — essentially single member constituencies. Any of the same methods could be used. Groups of five (two of six) with one women seat could be used for rotating seats.

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ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

Seeking to free Gusii women from political bondage

By BEN OROKO When Mary Orwenyo retired as a primary school teacher in 2008 to pursue her dream of leading and empowering women of Ritii Women Group, Kiabonyoru Location in the larger Nyamira District, little did she know that she was destined for bigger things in women and community leadership responsibilities.

Since her election to the post of Maendeleo ya Wanawake Organisation (MYWO) as District Secretary in 1991, her leadership prospects have been bright, with her current position as the larger Nyamira District MYWO Chairperson, giving her an opportunity to package herself as one of the women leaders set to occupy seats provided for in the new constitutional dispensation.

Motivated by her leadership skills, Orwenyo has declared her intention to contest a Women Representative seat in Nyamira County, in the 2012 General Election.

Orwenyo was born in 1953 at Monga village, Bomagacho, West Mugirango Constituency in the current Nyamira District as the seventh child to Mzee Mishael Kimwei and Mama Susan Kwamboka. She attended Gekomoni Primary School in West Mugirango (1962-1966), before moving to Rigena Primary School in the then WanjareSouth Mugirango constituency in Kisii District (1967-1969), from where she

sat her Certificate of Primary Education (CPE).

She was admitted to Nyanchwa Mixed High School in Kisii, from where she sat for her ‘O’ level examinations, attaining Division III, before joining Shanzu Teachers Training College for her P1 teacher training, from 1977-1979.

After her P1 teacher training, Orwenyo was first posted to Nyangoge Primary School in North MugirangoBorabu Constituency and she taught in several primary schools in the area, until her retirement in 2008.

Active

Having been active in grassroots women’s activities, she led several community-based organisations and self-help women’s groups from where she rose to serve in MYWO in various capacities before rising to her current position as the Nyamira District chairperson.

Orwenyo challenges women from the County to get out of the conservative Gusii customary traditions and values which have for many decades denied them from an opportunity to occupy leadership positions.

“I am set to contest the Nyamira County Women’s Representative’s seat in 2012, since I believe women have confidence in my leadership abilities as I have been involved in serving them through MYWO,” observes Orwenyo.

“For the country to achieve the much cherished Vision 2030 dream and realise the Millennium Development Goals (MDGs), women should be empowered in all aspects.”

— Mary Orwenyo

If elected to the position, Orwenyo says she will continue pursuing her dream of ensuring that women occupy their rightful place in the society.

In an exclusive interview with Reject in Nyamira, Orwenyo expresses confidence in local women, saying they have leadership potential and if given a chance can bring the desired political and socio-economic change in their immediate communities and the country at large.

“I was born and brought up in the rural village, knowing a woman’s place is in the kitchen and taking care of children at home,” recalls Orwenyo. She observes: “Since that time so much water has passed under the bridge and the world has gone through transformation, changing the way things used to happen during my grandmother’s time.”

Warrior with unstoppable zeal for Parliament

By GEORGE OMONSO Sample this: you are a young woman politician, barely 35, with a young family. You contested for nominations in a certain political party and won but you were rigged out because you are a woman.

The results are nullified and the party’s flag bearer certificate is given to a man you defeated at the primaries. You take the matter to High Court.

The President himself intervenes personally and tells you to withdraw the petition saying “wewe bado mtoto mdogo (you are still young)” and that he will give you a job.

Would you tremble and give up your quest for justice? Would you take the lucrative job offer, considering that you were a businesswoman who had earlier resigned from your full time job?

This is the predicament that faced Jeniffer Chekwemoi Masis found herself in, about ten years ago. Today, she is still pursuing that dream of being an MP and has now indicated interest in vying for the newly created Endebess parliamentary seat.

Fraud

Masis had clearly won Kanu parliamentary nominations and was set to run against other candidates for the Kwanza seat. She had trounced 14 male contesters, two seasoned politicians (Michael Kitiyo and former nominated MP Samwel Moiben).

The party certificate was fraudently issued to Moiben after allegations and propaganda that the community was not ready for a woman leader, more so an MP. “It was really painful for me to be prevented from being the party’s flag bearer on such grounds,” says Masis amid sobs.

She recalls:”I made progress in 2007 when I contested for the Kwanza parliamentary seat that has now been split to include the new Endebess Constituency.”

Masis had her name was gazzetted after winning ODM-Kenya nominations. Come the General Elections, Masis came second after garnering about 9,000 votes. ”It was not easy, considering that my major opponent was a government minister, Dr Noah Wekesa, a man with resources and was also the chairman of his party.”

Tears of women

“It was really painful for me to be prevented from being the party’s flag bearer on such grounds.”

— Jeniffer Chekwemoi Masis Her case has been cited as a case study internationally on how women are discriminated against politically.

She is quick to add that her woe was a judicial precedence that catalysed the enactment of the Political Parties Act and brought about a flurry of affirmative action activities.

Not being one to give up easily, Masis who is as tough as a nail, contested again in the last General Election.

After the elections, the old girl of Kibuk Girls’ School in the slopes of Mt Elgon went back to her social services work.

Since women empowerment’s is her pet topic, Masis who is a crusader for women’s rights has journeyed with women through her NGO, Tears of Women.

She is not only the convener of the Caucus for Women in Leadership in Trans-Nzoia County, but also the vice chair of the National Women’s Agenda.

Masis says a group of Sabaot elders from Kwanza approached her family and requested her to be allowed to represent them. She was hesitant at first but the elders insisted, saying that they had known her for a long time and had seen her track record. They believed she could deliver the leadership of the community.

“I was shocked. I requested for time to make up my mind and consult members of my immediate and extended family,” she says. Her family members’ reactions varied, save for her two sisters, her husband, father and siblings supported her fully.

She says time has come when every woman should use opportunities offered in the new Constitution to provide their communities with the longcherished leadership to politically and socio-economically empower women and the youth who make up majority of the country’s human resources.

Orwenyo decided to participate in women’s leadership after retiring from teaching when she realised that when in class she could not find time to interact and share with women peers who needed her leadership at the household and community levels.

She regrets the fact that politicians have for decades exploited the local women’s poverty situation and misused in political campaigns and elections.

“I get disturbed when I see poor women from the local communities with young children strapped on their

backs dancing to politicians the whole day during electioneering campaigns, only for such politicians to give them a handout of KSh50 as a token,” Orwenyo laments. She poses: “What is KSh50 for a woman with children to feed, buy clothes and take to school?”

She challenges men from the area to show leadership and discourage their wives from being misused by politicians during electioneering periods and instead device innovative ways of empowering them economically at household levels to seal loopholes of that get them lured into abuse by politicians.

“For the country to achieve the much cherished Vision 2030 dream and realise the Millennium Development Goals (MDGs), women should be empowered in all aspects,” observes Orwenyo.

Omanyo set to reawaken Nambale

By Frank Ouma Her vision is to empower women, youth and men economically, socially and politically so that they can make informed choices.

“We want a scenario where people of Nambale constituency can wake up and elect a leader based on his or her manifesto and development agenda and not because they have been bribed,” says Catherine Nakhabi Omanyo.

Come 2012 Omanyo, 33, will be making a second attempt to capture Nambale constituency seat. In 2007, she was in the race and came third out of 11 candidates to, current MP Chris Okemo of Orange Democratic Party (ODM) and John Bunyasi of Narc came first and second respectively.

Strategy

Omanyo contested for the Parliamentary seat on Kenya African Democratic Development Union ticket.

“This time round I am determined to take the seat so that we can bring leadership that is sensitive to the needs of Nambale constituents,” she says.

Although she is yet to decide on which political party she will be gunning for the seat, Omanyo says she is strategising on it.

Omanyo acknowledges that women seeking leadership positions face various challenges such as funds to bankroll in the campaigns which are expensive. However, she advises women aspirants not to give up but instead plan early so they are not disappointed at the last minute.

She regrets that women in politics do not interact freely with men saying

Catherine Nakhabi Omanyo that most people are only focused on bedroom and not boardroom issues.

“We have to fight this culture of seeing women who go for political positions in company of other male visionary leaders are their concubines.”

She added that culture worked against her as many voters still considered her a ‘foreigner’ in their own land just because she was a woman.

Omanyo says her mission is to enable the communities of Busia County demonstrate their full and true potential in order to improve their standards of living as well as be active and responsible citizens by working together to ensure they have access to quality services.

Focus

“My focus is to sustain a continued fight for equity which will allow for fair competition by according opportunities for each to excel,” she says.

Omanyo observes that wealth creation for all Kenyans must be encouraged so they are able to participate in the development of Busia County in general and Kenya at large.

If elected, Omanyo says she will support every investor to attain his or her objective of developing the area and ensure that there is respect of the rule of law among other things.

ISSUE 046, Aug 26 - Sept 15, 2011

9

Unfiltered, uninhibited…just the gruesome truth

Contestants come out blazing for Narok women’s seats

By KABIA MATEGA The seat for Narok County Women’s Representative has attracted political heavyweights among them the antiFGM crusader and long serving civic leader Agnes Pareiyo, who was also the winner of 2004 United Nations Woman of the Year Award.

Also in the race is Lydia Naneu Masikonte, daughter of Cabinet minister William ole Ntimama. She is a nominated civic leader in Narok County Council and once got elected chairperson of the powerful Audit Committee.

Patricia Parastau, long time employee of the Action Aid Kenya chapter has also declared candidature for the seat. She worked in the larger Narok District where she helped organise women and educate them on their rights especially on matters touching on land inheritance of among the Maasai.

The political battle pittying the three Maasai women will be interesting to watch considering that it was only after the new Constitution came to implementation that a woman’s voice can now be heard in a gathering that in includes men.

Cocooned

Maasai women have of late come out of their cultural cocoons, courtesy of the new Constitution to speak up unlike in the past when they would only deliver messages to intended recipient through song.

Pareiyo dropped out of school in Form Two to get married after pressure was exerted on her parents by members of the community who saw her to school as an opposition to Maasai culture.

To register her protest and prove them wrong for forcing her out of school she secured a teaching job at Sekutiek Primary School in her village as an untrained teacher. She recalls doing better than male colleagues who had gone through college.

An unapologetic Pareiyo says her bitterness with the community worsened when she discovered that male teachers treated her and other women teachers as a lesser person in most activities in the school. Out of this Pareiyo developed a combative approach to issues in order to be accommodated by male colleagues.

It was after she realised that Maasai men were reluctant to drop some cultural practices particularly those that discriminated women and worst

of all those that affected girl-child education’s that she chose to join Maendeleo Ya Wanawake Organisation (MYWO) in the grassroots level through which platform she could push for the changes.

“My decision to join the MYWO league that most men took as an outfit for rogue women did not go down well and I was forced to resign from teaching job by my school management,” recalls Pareiyo.

Danger

It was during workshops organised by MYWO that she learnt of the dangers associated with female genital mutilation (FGM) and subsequent early marriage of underage girls as being also the major reason for dropouts from school by girls in her Sakutiek Village in Mao division.

“Having been equipped with the knowledge on dangers associated with FGM, I felt that it was my duty to start the anti-FGM campaign in my area with support from MYWO headquarters after my proposals for funding was approved by the then national chairlady Zipporah Kittony, Pareiyo recalls. “It was not long before I was promoted to be the coordinator of MYWO in the larger Narok branch with instructions to spread the antiFGM gospel to other areas where the practice was rampant, a mission l satisfactorily accomplished.”

During the anti-FGM campaigns, Pareiyo and her entourage encountered resistance mostly from men and some women who felt her rebel attitude to deeply rooted practices like FGM was an effort in futility.

Die hard supporters of the retrogressive cultural practices like FGM in full ignorance of the existing Children’s Act landed on the wrong side of the law with Pareiyo in hot pursuit demanding justice for affected children.

Pareiyo has managed to save hundreds of girls from the grips of FGM and early marriage some of whom have successfully completed their education uninterrupted courtesy of her support through Tasaru Girls Rescue Centre, a community based organisation. Her effort saw her being

From top: Agnes Pareiyo addressing women supporters during her campaign trails in Narok County where she has declared interest for the area Women’s representative seat. Lydia Naneu Masikonte addressing supporters. Patricia Parastau in the race for the Narok county representative seat. Pictures: Kabia Matega rewarded when in 2004 she scooped the United Nations Woman of the Year award that brought her to international limelight.

The outspoken Pareiyo was nominated for two terms as a councillor with Narok County Council before she broke the record during the 2002 General Elections when she contested and emerged the first Maasai woman to be elected through ballot as a civic leader for her rural Sekutiek Ward

Surprise

To prove doubting Thomases wrong and to crown it all, she was elected vice-chair of Narok County Council in a field dominated by men.

She proved her strength in the political arena once more when she emerged victor with a landslide victory in Sakutiek Ward during the 2007

Masikonte wants to be identified on her own strength and not that of her father.

General Elections.

She was once again elected the vice-chair of the Narok County Council until the recent local authorities mayoral and chairmen elections when she opted out of the race to concentrate with campaigns for Narok women’s leader seat created by the new Constitution.

Pareiyo needs no introduction to the people of the Narok County and if the political trend does not change she is likely to break another record of being the first woman to represent others in Parliament as Kenyans usher in dictates of the new constitution.

Nominated councillor Lydia Masikonte was first introduced to politics soon after she was nominated to the council by the Orange Democratic Movement (ODM). She enjoys a lot of support from the youth and her popularity is

quickly growing.

Masikonte wants to be identified on her own strength and not that of her father, a respected Cabinet minister and Maasai elder.

It is time for Kache to broaden her political space

By BENDARO TSUMA

that are unique and require unique solutions.

“In Africa women are disadvantaged despite the fact that they are the chief economic producers. They are less employed; less represented in all socio-economic and political spheres as well as having less opportunities to advance,” she says.

After serving the Kilifi Town Council for 14 years, Esther Kache believes time is ripe for her to escalate to greater heights and now targets the more powerful, influential, bigger and better position of Women Representative in Kilifi County.

She did not harbour any ambition of becoming a politician at an early age despite the fact that leadership is in her blood.

“I was elected first as Mnarani Ward councillor in 1997 after women voters pushed me into the political arena,” she says.

Empowering

Murky waters

Little did Kache know that she had begun a long journey into the murky waters of Kenyan politics that former powerful Attorney General Charles Njonjo at one time described as “a dirty game”. “I was voted in for the second term as civic leader in 2002 and come the 2007 elections, I was ripe enough to snatch the chair person’s seat,” she says proudly.

Now Kache has realised in her decade in politics that women and youth have problems

“When we are many at the top, our daughters will have role models and will copy us.”

— Esther Kache

Kache now wants to empower and give them more voice in the county government and can do this if she has more say herself.

“As a women representative in the county, I will have a bigger voice and better chance to articulate women’s and youth’s issues at a higher level. That is why I have decided to vie for the position,” she said.

Kache says women carry a larger portion of the family and social burden that men would probably find hard or even impossible to bear.

“I am housing ten orphans in my house and cater for them in everything — education and upkeep. Although I am sure I could not manage to do this without my husband’s help, I doubt if he in turn could it comfortably the

way I do,” she says.

Kache started off as a salesperson with the British American Tobacco (BAT) after college in 1990. After working with BAT for only two years, she quit to start her own business in Kilifi town.

“During all this time, I got involved with women’s groups’ issues. That is when my eyes opened to the world of women suffering and I begun to sharpen my leadership skills”.

Top position

After preliminary schooling in Kilifi, Kache joined Pangani Girls’ High School in Nairobi.

However, the city’s cold weather made life difficult and she relocated in Form Two to join Ribe Girls Secondary School in Kaloleni, Kilifi.

She later joined Mombasa Polytechnic University where she graduated with a Diploma in Sales and Marketing, which she says, has greatly helped her lot to market her ideologies to the electorate.

Kache makes a passionate calling to women in the county to come out in large numbers to compete with men for top position.

10

ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

Trade unions break law on representation

By Duncan Mboyah

Kenyans eagerly adopted the new Constitution on August 27, 2010 with pomp and colour in a ceremony that was given international attention.

To most Kenyans who supported the Constitution through a referendum, the document was ushering in a new era, far from the past dictatorial regime that perfected the art of infringing on people’s rights.

The expression given by Kenyans at that time indicated that they were at last becoming free by regaining their freedom of association and choice when it comes to political party matters and also guaranteed various other rights that were initially unthinkable in the past.

However, one year after the promulgation, most institutions are already breaking the law with impunity when it comes to elective positions.

Impunity

According to the Constitution, not more than two-thirds of the members of elective public bodies shall be of the same gender.

Article 81 that looks at general principles for the electoral systems states in (b) “not more than two-thirds of members of elective public bodies shall be of the same gender” and in (c) “fair representation of persons with disabilities”.

This, however, has not been complied with in the trade union movement in their elections that were held recently in the country.

Starting with the Central Organisation of Trade Unions (COTU), an umbrella body of trade unions in the country, out of 31 top officials, only two women sit in office. Caroline Rutto and Rebecca Nyathogora holds the position of First Assistant Secretary General and Deputy Treasurer respectively yet the union boasts of 1.5 million members with a good chunk of women membership.

The other visible woman is Betty Makena Mutugi, National Chairperson of the Women’s Committee of COTU Kenya. Then she is only

representing women’s issues and not the whole of the trade unions issues that touch on both men and women.

Women in COTU are only visible during Labour Day when they form the team that walks past the presidential dais as the face of the Trade Union.

Executive

The giant Kenya National Union of Teachers (KNUT), with a membership of over one million teachers too does not have women in its executive board. There are no women occupying senior positions in the union yet the female gender forms majority of its membership.

The union has Wilson Sossion, David Okuta and Albanus Mutisya as Chairman, Secretary General and Treasurer respectively.

In the Kenya Union of Post Primary Education Teachers (KUPPET), one woman Catherine Nanjala was elected in the position of Gender Secretary leaving men with all the ten positions of leadership.

Like KNUT, KUPPET, also has a huge women membership given that the ratio of women teachers is higher both in rural and urban set ups.

The huge Union of Kenya Civil Servants is also set to hold elections after a court case that has been holding it back. Jennifer Mogire who is second Deputy General Secretary and Rehema Ibrahim holds the position of deputy national treasurer.

Delegates register for Kenya National Union of Teachers elections in May. Despite women being the majority of registered members, they do not hold top management positions in trade unions.

Picture: Reject Correspondent It is expected that this giant union that brings into its membership civil servants will this time round elect more women to its top leadership.

The fact that none of the trade unions in Ke-

Article 81 that looks at general principles for the electoral systems states in (b) “not more than two-thirds of members of elective public bodies shall be of the same gender” and in (c) “fair representation of persons with disabilities.”

nya is headed by a woman is a sign that trade unionists though very vocal and known for fighting for their member’s right, are also the victim in reneging in honouring the Constitution that governs all irrespective of position in the society.

Given this scenario, it is in doubt that the trade unions are capable of respecting the rule on fair representation of persons with disabilities as it appears in the Constitution.

Instead of the gender gap narrowing, it surprisingly continues to widened, giving signals that the impunity that people expected to end with the promulgation of the new Constitution is still with us, and that there is need for more pressure to be exerted against such institutions.

Women raise awareness on the gender principle

By HENRY OWINO The Federation of Kenyan Women Lawyers (FIDA-Kenya) has vowed to protect and defend the Constitution provision for two-thirds gender representation in any elective public office to the letter.

The lawyers accused male Members of Parliament for attempting to short change women by defaulting on the constitutional provision on affirmative action.

They said this during a conference organised by the organisation to address the two third gender rule under the auspices of the G-10.

Addressing the same meeting, Chair of the Constitution Implementation Commission, Charles Nyachae, assured the women lawyers that there will be no more than the two-thirds representation of either gender as stipulated in the Constitution.

Gender balance

Nyachae said the Supreme Court has not been sworn in to date because of the twothirds gender balance constitutional requirement that it failed to meet.

“With my poor mathematics, I think the nearest whole number of not more than twothirds of seven is four,” observed Nyachae arguing that one man should be dropped from the body and be replaced with a woman. Nyachae added that in any elective public body there should not be more than two-thirds of either gender. He argued that

any body that contravened this rule would be unconstitutional.

Secretary and chief Executive officer to the Truth Justice and Reconciliation Commission (TJRC), Patricia Nyaundi urged women take advantage of the opportunities provided by the new Constitution and vie for various elective positions not just the 47 special seats set aside for women.

“If women only ran for the seats reserved for women only, the country stands the risk of not achieving the affirmative action threshold set by the Constitution,” argued Nyaundi.

Conference

The meeting brought together 47 women leaders from each county. The women were informed that Article 97 of the Constitution addresses the National Assembly requirements of 290 MPs, 47 women representatives from all counties and 12 nominated Members of Parliament depending on the strength of political parties. To avoid a constitutional crisis, the gender parity rule has to be adhered with.

Currently there are only 22 women in Parliament out of 222 MPs because the old Constitution never addressed the issues of gender balance.

“What the Constitution has provided must stay. If the amendments start this early, some politicians may take advantage of the situation to amend it to their favour and that will call for yet another referendum,” reiterated Nyachae.

Women leaders from various counties met in Nairobi for a conference organised

by FIDA to interrogate the-two thirds gender principle as stipulated by the Constitution. They said this was an article they will defend at all costs.

Picture: Omwa Ombara Sally Chepwogen Kirui from Bomet County urged the delegates to support women candidates. Kirui recalled how during 2007 general elections, together with one of her friends from Elgeyo-Marakwet County, they teamed up in Rift Valley Province and mobilised girls as well as young and old women to vote for women candidates. That is why two women and three male MPs were elected from Bomet County.

“Women should not be their own enemies.

We are the majority with votes so let us support our fellow women who vie for various seats. This time round we must emerge win-

ners successfully,” stressed Kirui.

However, Rebecca Otachi from Kisii County said many women from Kisii needed civic education. She urged FIDA-Kenya to come up with a training manual and make efforts to tour all counties to educate women at the grassroots levels to demystify the belief that men are the final decision makers.

“Women to use the information they gathered from the conference to educate other women,” Otachi advised. She reiterated that women in all the 47 counties should push for the two-thirds gender balance in all public positions.

ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

Culture and statutory law on a collision

By MWANGI NDIRANGU One woman from Laikipia East district believes that the Government can shield her from her current predicament but it is not doing so for reasons she cannot understand.

Maiyon Morijoh from Chumvi Village of Laikipia East District, will do anything to protect her Standard Eight daughter from her estranged husband’s intrusion into their hitherto quiet life. The man is keen on marrying off their underage daughter.

The mother of three is among the women who campaigned for the proposed Constitution last year and was happy when Kenyans gave it thumbs up.

Speaking to the Reject, Morijoh says through civic education organised by a community based organisation, she knew the new law would benefit Kenyans and in particular women from the pastoralist community whose voices have been muffled for long. She blames deep-rooted cultural practices among her community for her present state of affairs.

Since they separated over ten years ago, the husband has had no interest in them until recently when he realised that his daughter had reached puberty and could be married off to fetch bride price in form of livestock.

Bride price

The man lives in Al Jijo village in Laikipia North District, about 30 kilometres away. It is not clear if he has remarried.

While men are free to marry again, culture outlaws women from remarrying after they separate from their husbands. It also dictates that the children will continue to bear his name.

Once married through traditional rites, a woman continues to be considered someone’s wife even if they are separated. Divorce is a nonexistent term and a woman cannot move in with another man.

It then means the husband still wields influence over her and decides the destiny of his children though he may not necessarily provide for their upkeep.

These are the terms that define the circumstances that leaves Morijoh torn between adhering to the tradition and statutory law which protects her daughter from cultural harmful practices.

Whichever way she settles on, there are likely to be repercussions. It is for this reason that she is lamenting that the Constitution cannot protect her, a year after it was promulgated.

“I want my daughter to study up to university level so that she can support her younger siblings, but her father has been demanding that she undergoes Female Genital Mutilation (FGM) and be married off,” says the mother of three. She was speaking at Chumvi Shopping Centre where she sells tea and mandazi (buns) to sustain her two sons and daughter.

She knows that FGM is outlawed even in the old Constitution but hoped the new Constitution would be more vibrant in protecting individual rights.

Threats

What is worrying her is that the father of her children has been visiting her homestead at night and threatening to harm her.

“Recently he came at night with a sword and a rungu (club) and told me that he was giving me the last chance to prepare our daughter to be circumcised. We escaped in the dark and reported the matter to the assistant chief,” she says.

The area assistant chief Kilong Kamuiruh has written a letter to the man and warning him against threatening his former wife. The letter is copied to Ethi Location chief and Umande Police Station boss. However, Morijoh says the letter does not offer her the best protection.

“Whenever darkness finds me outside my house, the children get worried because they think their father has killed me and their education is no longer assured,” she says.

However, Morijoh has not lost hope. She considers her brother as a role model who can influence change amongst pastoralist men particularly in light of the new Constitution. It is a rare gesture for a woman to be welcomed back home and be allocated a piece of land after a marriage break-up.

11

Civic education needed for youth to understand the Constitution

By KARIUKI MWANGI

From top: Jane Naini with fellow Maasai women after a sensitisation workshop on the new Constitution.

Maiyon Morijoh outside her house in Chumvi village displaying the weapons that her estranged husband has been using to threaten her. The weapons were recovered by police.

Pictures: Mwangi Ndirangu “My brother welcomed me back into the family after we parted ways with my husband in 1998. This is a rare thing in our community,” she says.

Among the Maasai, like many pastoralists across the country, women are not entitled to inherit land from their parents. It is for this reason that when Morijoh left her husband’s home, she did not expect to get somewhere to put up a house next to her father’s homestead.

However, her brother welcomed her with open arms and even helped her put up a house, a gesture she says came even before the new Constitution.

With the new law in place, Kenyan women will no longer have to rely on luck like Morijoh to claim their land rights.

According to Section 45 of the new Constitution, parties to a marriage are entitled to equal rights at the time of marriage, during the marriage and at the dissolution of the marriage.

Gender discrimination

Section 60 of the Constitution also outlaws gender discrimination in law, customs and practices related to land and property. Hence the Constitution puts it clear that women have the right to inherit land from parents or their husbands in the event that the marriage is dissolved.

But how practical is this scenario in the prevailing environment where land is an emotive issue among many Kenyan communities?

Legal experts say the Constitution is supreme and nothing including culture should act as a barrier to achieve Kenyans’ aspiration expressed when they voted for the new law last August.

According to constitutional lawyer Dominic Leparmarai, there have been some gains in the communally owned land especially among the pastoralists.

“Some community group ranches are now registering women as members. This gives women legal ownership of this property,” explains Leparmarai.

Not all group ranches have relaxed the rules and many women have been locked out with men giving excuses that those registered may end up being married and then they will bring their husbands to own the property.

At Momonyot Group Ranch in Laikipia North district, a meeting called recently to update the list of members ended in disarray after women demanded to be registered.

Currently, the group ranch has 222 members most of them elderly and they had submitted names of their children including daughters to be registered.

“They refused to register me saying I was married and I would get land from my husband

who hails from Nyeri,” said Elizabeth Kipish whose name and that of her three sisters had been forwarded by their father.

Legal experts argue those who feel their rights are being violated can still seek redress from the court basing their arguments on the Constitution.

“Things will be easier when the Supreme Court becomes functional. However, anyone who feels his or her right has been violated can seek redress at the High Court,” suggests Leparmarai.

The High Court is supposed to make an interpretation of the constitution bearing in mind that the relevant bills have not been passed by Parliament.

The same case applies to a person who would wish to move to the High Court over violation of the Bill of Rights like the case of forced FGM or marriage.

Hopeful

Section 22 of the Constitution empowers any Kenyan to move to the High Court acting in public interest or acting on behalf of another person who cannot act in their own name like Morijoh’s daughter.

Many Kenyans are hopeful that the Chief Justice will spell out the procedures to be followed since there are the issues of legal language and waiver of court fees to enable any Kenyan citizen seek legal redress where fundamental rights have been violated.

According to Jane Naini, a women’s rights activist who has been involved in educating women on the gains on the new Constitution, the necessary framework should be put in place soonest if Kenyans have to reap the gains of the new law.

“Our Constitution is ranked among the best in the world, but unless the Government comes out vigorously to conduct civic education, it will remain business as usual and fundamental rights will continue to be violated by those in authority knowing too well the citizens are ignorant,” explains Naini.

One year after promulgation of the Constitution, most Kenyans particularly the youth have not understood what the new law entails.

They are yet to understand how it stands to benefit them compared to the old constitution.

According to Juliet Njoki, a shoe vendor in Embu, not much has been done to ensure Kenyans understand the Constitution they endorsed. She specifically points out to the youth who despite being the largest population in the country, have continued to be ignored in matters pertaining to governance.

While Njoki may be speaking in Embu, she is in effect voicing youth from all over the country.

“We still don’t understand the difference between the new Constitution and the old one since no one cares to ensure elaborate it for us,” says Njoki.

Njoki says that lack of information among the youth is the major impediment to the youths to participate in governance and other debates regarding the new Constitution and its implementation.

“We youths in Embu do not get any information regarding what is going on in the country, and sometimes we even wake up one day to find legislations have been put in place, and we only have to abide by them,” she says.

According to Njoki, the major challenge is that youth who are nominated for the various positions as officials rarely come back to educate the rest. She notes that even if various posts have been set aside for the youth in the Constitution, it will not benefit them.

Njoki blames lack of information among the youth to non-commitment by the implementers of the Constitution, whom she accuses of not taking the initiative of bringing civic education to the grassroots.

“We need that information to be translated into the common languages that we understand well to enable us comprehend and participate on issues pertaining the youth and governance,” she reiterates.

Njoki who is a committee member of various committees in the market notes that they rarely meet and when they do, it is only to address issues concerning their businesses.

“National issues such as constitutional benefits are never discussed,” she says.

Despite having limited information on the Constitution, Njoki has an idea on the benefits that the women and the youth will have in terms of representation. She hopes that the representation will work well to ensure they do not continue to be marginalised.

“I personally can offer myself to be educated on the benefits of the Constitution to the marginalised and minority groups and in turn take the information back to my peers.

In this way we will all be able to know our rights,” says Njoki.

Naftali Maina, also a shoe trader at the Embu market says that he has never been approached to be educated on his basic rights as entrenched in the Constitution. He says most of the time he finds himself being oppressed.

He says that as much that they have been electing youthful leaders to represent them in various quarters, the same youth have been turning against them noting that he doesn’t think the opportunities in the new Constitution set aside for the youth representation will benefit them in any way.

Maina argues that despite the new Constitution giving a platform for the youths to be at the helm of decision making organs, more effort needs to be put in place for the youth to know the qualifications of leaders to be elected in the various sectors to ensure accountability and transparency.

“If most of us the youth do not understand the Constitution well, what about our mothers and fathers in the heart of the village?”

Maina poses.

12

ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

Wind of change blows as women capture lucrative council seats

By ADOW INA KALIL The election of a woman to the lowly post of a committee chair of under-performing local authorities may be seen as nothing to celebrate.

However, coming from an area where tradition prohibits women from ascending to positions of leadership, the move is seen as a big step toward changing fortunes for women before the 2012 elections.

History was made in the NorthEastern region during the ongoing season of civic authorities’ polls, after three women councillors got elected as the chairs of council committees in the male dominated Mandera and Wajir county councils.

The first ever elected woman councillor of Wajir County Council, Rukia Abdille Abdullahi of Laghbokol North Ward was elected as Internal Audit chairperson, while her nominated counterpart Fatuma Sheikh easily got herself chair of the environment, sanitation and public health committee.

Nomination

At the Mandera County border, nominated councillor for Safina Maryam Dahir Hussein, 44, became the first woman to head a committee of the environment and public health, after she was picked unopposed in the clan predetermined elections.

However, her election as the chairperson of the committee of the council that covers 25,920 km2 did not come on a silver platter.

It took effort of the four women councillors to protest and demand for their fair share in the nine committee chairs which were up for grabs as they fought to make the two thirds gender principle stipulated in the Constitution a reality.

The landmark elections put a lot of hope in the women and gender equality advocates in a region previously unknown for allowing women to take up leadership slots.

Unlike other parts of the country where council elections are fought tooth and nail with councillors being hoarded for trips by rival contestants for chair positions, in the Northern region candidates seek the support of elders to play clan arithmetic to share positions uncontested.

For instance, in Mandera County Council it took the intervention of Garre clan elders to prevail upon a youthful frontrunner for the position of chairmanship to step aside for retention of the former chairman against the wishes of majority clan councillors.

As they were left out in the sharing of committee chair positions, in a preceding night clan’s elders’ meeting that forced civic leaders to pick former chairman Abdi Abdullahi of Kutulo North Ward for the second term, the female councillors staged a bloodless coup in the morning of the election day, they briefly boycotted the election until their gender representation concerns were considered.

After more than an hour of consultations, the women councillors managed to get the influential environment and public health committee after one of the council’s male young turks conceded his position for the their benefit.

“The challenges faced by women at the lowest level of elective political posts at the civic authority was seen as an eye opener to the difficulties faced in realising what the new Constitution envisages for women in

Gichugu MP Martha Karua with women from North Eastern Province at a NARC Kenya event. For the first time, the new Constitution has enabled women in Northern Kenya get positions in County Councils Picture: Adow Ina Kalil the region,” observes Habiba Issack, a gender expert.

Issack who is also the Executive Director of Habiba International Women and Youth Affairs, a local NGO based in Mandera says circumventing the unwritten traditional laws that criminalise women’s participation in elective offices will be the biggest task for those wishing to see an increase in the number of women in elective positions.

Zainab Ithifle a former nominated civic leader and a candidate for Lagdera Constituency seat in the last General Election says the biggest challenge facing women in making numbers in elective positions lies with the political parties which she blames for denying

In Wajir, out of 64 councillors in the local county council a negligible six are women of which five are in the council courtesy of their parties’ nominations. In Mandera County Council out of 54 civic leaders, there are only four women — three nominated, one elected. Mandera Town Council has one nominated woman out of ten councillors.

In Garissa County Council, the headquarters of the North-Eastern region, which is perceived an elitist town, out of 43 councillors, there is only one female civic leader, while in the Garissa Municipal Council none of the eight civic leaders is a woman.

Ijara County Council has one female councillor out of the ten civic leaders.

colleague from Wajir for positions of committee chairperson is a sign of departure from the conservative discriminative practices.

She says: “Although we lag behind areas such as Mumias, Murang’a and Bomet where women made history in their respective councils to be elected we performed much better this year.”

Abdullahi observes that gone are the days when women were merely regarded as voters and not candidates.

In Mumias Lillian Osundwa, a Township Ward councillor beat male colleagues to get elected as Mayor, while in Murang’a Mary Wanjiku Kimwe of Njogu-ini Ward made it to the mayoral gown unopposed. In

“It is always difficult for a woman to find a willing ear in the council of elders’ decision-making organ to sell her agenda and vision for the people.”

— Rukia Abdille Abdullahi

women an opportunity to be their flag bearers in pastoralist areas.

Ithifle explains: “With upscaling of civic education on gender issues sensitisation in the region where a lot can be achieved in raising women’s representation in both elective and appointive positions.”

She adds: “The new Constitution provides a quota system for women in appointive positions in high office, prescribing a third and that can only be possible when male dominated politically leadership change their mindset.”

In 2007 elections out of over 300 women who expressed their interest in civic leadership, only a paltry two — Rukia Abdille Abdullahi of Laghbokol North of Wajir County and Hani Hassan Hussein of Fino Ward in Mandera Country — sailed through. Majority of the women were dropped at the clan’s primaries in favour of male candidates despite their popularity with voters.

Abdullahi who in a rare case got the nod of her clan to get elected as councillor in 2007 says the prospects of women in the pastoralist region of the country enjoying the rafts of women gains in the new Constitution is so remote considering the immense powers wielded by the patriarchal council of elders who clear candidates for elective posts.

“It is always difficult for a woman to find a willing ear in the council of elders’ decision-making organ to sell her agenda and vision for the people,” observes Abdullahi. She adds: “When you find a listening ear in your clan’s council of elders, it is always a herculean task for them to propose your name to the other clans for support, because fronting a woman is tantamount to being disrespectful. That gives your male rival an edge in any elective contest.”

However, Abdullahi is optimistic that the council of elders’ determination to consider her together with her

Bomet, a region with male dominance, Songorwet councillor Joyce Korir pulled a surprise after she got elected as mayor, by beating her male challengers in hotly contested municipal elections.

“This move is a clear indication that clan elders are now appreciating that women are delivering better than their male counterparts in leadership positions,” reiterates Abdullahi.

Relocation

“They found that while most male politicians relocate to urban towns with their families after election, women leaders remained with them through good and difficult times,” noted Korir in an interview.

Abdullahi Ahmed, 67, an elder from Wajir who is among those who lobbied for women councillors to be given positions in a clan meeting that preceded the Wajir Council elections says they settled for women civic leaders to head Internal Audit

as well as Environments and Public Health committees.

“Our council (Wajir) has a problem with financial management.

There have been complaints of council money being misappropriated and male councillors seem to be inefficient or have been in cohorts with looting chief officers,” observed Ahmed. He explained: “We decided to try a woman to safeguard our council’s income as well as our environment, sanitation and public health. We found they can do better than the male councillors.

We as elders are now in consultation to see whether we can give our women a chance even in governorship or as MPs.” Changing the traditional mindset of women themselves, majority in numbers of voters may pose the most challenging hurdle to any one of them ascending to elective leadership post.

According to Halima Osman, 54, women should not go for leadership unless she is widowed, divorced or not willing to have family.

Balance

“Both leadership and family are too demanding jobs and it is never realistic to juggle both equally. You have to sacrifice one and family responsibility should never be the victim,” opines Osman.

With such perception women who are the majority and reliable voters in the region with over 80 percent illiteracy, it is clear that challenges faced by women aspiring for leadership positions are far from over in the Northern region.

Abdullahi says women in the North-Eastern regions in particular must be brave enough to confront traditional hurdles that reduces their chances for elective posts by proving their leadership qualities. She notes they must be able to deliver to their respective societies even before soliciting votes from them.

The nominated civic leader says she is rarely informed of any deliberation of the council activities and in a deliberate bid to lock her out, the male councillors mostly conduct their meetings at night and reach important council resolutions, which like any ordinary person she sets wind of when people are discussing.

ISSUE 046, Aug 26 - Sept 15, 2011

In Siaya, retrogressive culture bars women from elective posts

By OMWA OMBARA When Councillor Elizabeth Owino, 50, joined politics in 2006, she had great dreams for the women in her village.

Owino was depressed by the level of ignorance exhibited by local women in Siaya County.

She promised herself that she would enlighten them and change their fortunes for the better.

The more she saw the discrimination, arrogance and contempt against women and children and the blatant abuse of human rights, the more the fire in her burnt to do something about it.

“I felt there was so much the women in the village do not get. How do I enlighten them?

They don’t know their rights. Their husbands beat them up at night and in the morning they have to make them breakfast. Violence is a way of life,” explains Owino.

Inheritance

Owino adds that the situation is worse for a woman whose husband has died, who must go through the culture of wife inheritance.

“You have to be inherited. The women do not like it but they do it to save themselves from a ‘curse’, so that the bad omen does not befall their children and the entire society.”

Yet the reality of the abuse did not fully impact on Owino until she became a victim last month. A group of youth assaulted her inside the elections hall during the Siaya County Council elections citing her failure to be inherited as reason for her not to vie for leadership.

“At one point, a man came towards me with a knife, shouting, ‘you unclean woman, with chola (You were not inherited when your husband died), how can you lead us? How dare you transfer your curse to us?’ I only escaped the knife by running into a nearby toilet. They followed me and tried to strangle me! They beat me up!”

This is the testimony of Councillor Elizabeth Owino of Siaya County after the recent council elections for chairperson. The election violence saw hundreds of youth hired to beat her up and intimidate her so that she could pull out of the race.

Political right

13

Unfiltered, uninhibited…just the gruesome truth

Yet what Owino went through goes against the grain of the Constitution which on political rights states in Article 38 (30 (c): “Every adult citizen has a right, and without unreasonable restrictions to be a candidate for public office, or office within a political party of which the citizen is a member and if elected to hold office.”

The same Constitution states in Article 28: “Every person has the inherent dignity and the right to have that dignity respected and protected.”

And the Constitution reiterates its supremacy by stating in Article 2 (4): “Any law, including customary law, that is inconsistent with this constitution is void to the extent of inconsistency, and nay act or omission in contravention of this constitution is invalid.”

The cultural abuse exhibited in Siaya during the council elections is proof to what has been holding women back from seeking elective positions and if it goes unchecked it may be a barrier to women realising the one third principle.

Owino’s case is a clear example of what widows are bound to face from rival male candidates who will go to any lengths to deny women their constitutional right to participate in elections as candidates.

Speaking to the Reject, Owino said she will not be intimidated or cowed. She lost the case against her rivals after she sued them for hold-

A group of youth with a male candidate for the Siaya County elections. The youth are alleged to have beaten a woman contesting for a top seat. Picture: Reject Correspondent ing illegal elections and violence at the Kisumu High Court on August 9.

“I have a vision and I owe it to the women in Siaya to fulfil my role and leave Siaya a better place than I found it.” Owino has been a councillor at the Jera Ward since 2008 when she stood against eight male candidates and beat them hands down.

“I got 90 per cent of the votes and the eight men put together only managed ten per cent of the votes. Then there was no violence and the men were supportive. They only asked what charm I had given the women to make them vote for me,” she recalls.

Owino’s political career was born at a local church in Siaya. She did not want to be idle after her husband died. She also felt the time was ripe for her to relocate to the village and bond with her in-laws and other relatives. That is how she ended up attending the local church and was humbled to learn that each member of the congregation carried a stool to church to sit on during the service.

The poverty was so deep that those who could not afford a stool either stood up for the entire service or sat on the floor.

When the counties were merged and the three constituencies — Gem, Alego and Ugenya — were converted to Siaya County, Owino found herself in a situation where she had to persuade 29 councillors to support her bid for chair.

This, however, did not seem to augur well for her rivals, some of whom felt she was not “culturally clean” enough to chair the council.

Owino says it is the practice in all councils across the country to ‘buy’ supporters and book them into a hotel for weeks to ensure the rival camp does not reach them and that is what she did.

“I got wind of the fact that my rival was going to take 27 councillors to Kampala, Tororo or Malawi. However, someone warned him that I already had 15 councillors on my side and he had only 14. All the five women councillors joined my group. My intelligence informed me my rival would pick up his supporters on Sunday afternoon. I gathered mine on Sunday morning and we headed to Kisumu in hired vehicles and put up in a hotel. They headed to a hotel in Busia in the afternoon.

Owino says that her group switched off their mobile phones and stayed incommunicado until the day of elections. “However, as we waited in the elections hall in Siaya for the rival camp to arrive and participate, we were shocked to see my rival, the outgoing chairman, accompa-

“I got 90 per cent of the votes and the eight men put together only managed ten per cent. Then there was no violence and the men were supportive.”

— Elizabeth Owino, Councillor Siaya County

nied by 14 councillors and over 200 youth who seemed high on bhang. The youths charged at us demanding to know why I had not been inherited and swore the elections would not take place,” a distraught Owino told Reject.

Violence

A free for all brawl broke out as the youth drove through the gate which was under police guard and attacked the rival camp with rungus and pangas as the police shot in the air. Owino ran into the toilet as the angry youth bayed for her blood until the police rescued her together with her supporters.

“I believe the violence was a deliberate move to disrupt the elections,” says Owino.

Among the changes that Owino would love to see at the Siaya County is the proper use of the Local Authority Transfer Fund (LATF). She observes that the County receives KSh700,000 for local projects three times in a year — October, February and May — yet there is nothing to show for it. That adds to about KSh2.1 million annually.

“If I took office, I would love to build dispensaries for the local women so they can have access to health facilities. I look forward to building classes so that our children can attend school. I have in mind other projects like tree planting for environmental conservation and to develop the local market. At the moment there is no money at the Council. The debts amount to over KSh10 million that cannot be accounted for,” alleges Owino.

She claims the council gets a further KSh80 million a year from local Government but the money cannot be accounted for.

Owino says a lot of work will be required in Siaya County and calls for a complete overhaul.

She talks of over employment and nepotism as being a major challenge at the council.

“The salaries should be KSh1.8 million a month but you end up with a budget of KSh2.8 million. The revenue from the market does not go into any account.”

Her role model is Gatanga MP Peter Kenneth whom she admires for wise use of the Constituency funds. She wishes to visit Gatanga to pick a few ideas for her own County.

“In Siaya, many councillors go in as nominated. They do not want to be elected due to violence and financial hurdles. To stand for elections without giving money is almost impossible. The people on the ground have been spoilt. They want you to pay them before they can vote for you so that they can own you.

“Women have to work hard to achieve the 30 per cent. In a meeting of 12 people, four should be at least ladies. The men will not take it lying down. If you raise your head, they hit it down. We should fight this. The chance will not come again. We need a handful of women who are ready to fight for leadership.”

She is grateful for the kind of support she has received from fellow women particularly, Rosa Buyu, her business neighbour and politician who encouraged her to take up leadership in Siaya, Prof Jacqueline Oduol, Hon Millie Odhiambo and Ruth Odinga.

North Eastern women call for attitude change

By ISSA Haroun Women in North Eastern Province are calling for a change of attitude among the pastoralist communities in Northern Kenya to support women to take up leadership roles.

Women leaders say despite the new Constitution advocating for women’s leadership, in several political meetings organised by elders to endorse candidates for governor, senator and parliamentary positions, women are left out of the discussions.

Rukia Abdille, the only woman elected councillor in the Wajir civic elections as the Laghbogol Ward councillor urged women from North Eastern to come out of their comfort zone and challenge men in leadership.

Abdille made history as the first elected woman councillor from Wajir county since independence.

“It was like I had gone against the culture and tradition. The most difficult part was convincing my family that I will seek a civic seat,” says Abdille who is popularly known as Rainbow.

“For one to seek leadership within the Somali community, the family must make a proposal to the sub-clan who will then own the initiative and table the proposal to the larger clan for approval,” explains Abdille.

Within this structure, Abdille experienced her first hurdle. The family members were reluctant, feeling embarrassed to propose a woman for leadership.

“It took me two months to convince my family to forward my proposal. I used several women to talk to their husbands for approval and I managed despite almost giving up,” she explains.

Several tycoons from her clan were irked by her move and spent millions to vote in favour of her four male opponents but she emerged victor.

The civic leader embarked on advocating for girl-child education and women’s rights while sitting alone in a pack of male civic leaders. It was only through the recent by-election that she had a female counterpart in the council.

Sympathy vote

Another woman was elected after the new Constitution through a by-election after the death of her husband who was a councilor at Tarbaj Ward. Kaltuma Sheikh was elected and she joins the women history makers of North Eastern Province.

In Garissa and Mandera County, currently there are no elected women leaders in the local authorities. All were nominated by parties.

North Eastern is in the records for not electing a woman MP since independence.

The first woman Member of Parliament from NEP is Sophia Abdinur who was nominated by the ODM party.

Dorris Wangeci is among several women who contested for civic seats in Garissa town but in vain. She recently joined women lobby groups advocating for the urgent implementation of the new Constitution.

A women’s lobby group in Garissa county expressed worries over the slow rate of implementation of the new Constitution.

Speaking under the auspice of Garissa County Foundation of Women Rights Group, the women said that the pace at which the new Constitution was being implemented was worrying and behind schedule urging the President and the Prime Minister to urgently intervene.

“We unanimously voted for this Constitution as women from Northern Kenya with a hope that we will see the first elected women leaders from the region since in the past have locked out women and seen men dominate leadership,” says Yustur Farah, the group.

The lobby group urged women country wide to unite and lobby for quick implementation expressing fears that the country may plunge into anarchy if we fail to speed up of the implementation of the Constitution.

14

ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

Devolution will unlock Kenya’s development The constitutional provisions relating to devolution holds a true promise of real development for the long suffering people of Kenya. With the benefit of hindsight this benefit would not be a reality if as a country we did not go so close to and pull back just in time from the precipice occasioned by the 2007 disputed presidential elections and the subsequent violence in early 2008. This state of affairs was a blessing in disguise.

When the blazing guns of security agencies fell silent, the media became un-gagged, pangas tucked away, poisoned arrows returned to quivers, spears to the secrecy of homes, stones to the ground, ferocious fires engulfing homes and places of worship reduced to smouldering smoking embers and smell of roasting human flesh over 1,330 innocent Kenyans had been killed, an estimated 600,000 rendered internally displaced persons (IDPs), property worth millions destroyed and the economy dealt a body blow estimated at KSh60 billion. It is now accepted that the disputed presidential election results were merely a trigger for ventilation of long outstanding historical grievances.

The intervention was under the Kenya National Dialogue and Reconciliation (KNDR) process headed by the immediate former UN Secretary General Dr Kofi Annan and overseen by the Panel of Eminent African Personalities.

Most Kenyans know this as the ‘Serena Talks’.

KNDR had four annotated agenda items with the fourth, ‘The long term issues and solutions’ being pertinent to the form of devolution in the Constitution of Kenya 2010. A majority of Kenyans know it as Agenda Four.

It included undertaking constitutional, legal and institutional reforms, tackling poverty and inequity as well as combating regional development imbalances and unemployment particularly among the youth, consolidating national cohesion and unity, undertaking land

By PATRICK O. ONYANGO

reform and addressing transparency, accountability and impunity.

The foregoing background is important in appreciating why Kenyans brought the long enduring constitution making process to its sunset at the August 4th, 2010 National Referendum and subsequent promulgation on August 27th of the same year. Kenyans have unwavering faith that the new Constitution, especially the form of devolution prescribed therein, is a panacea for institutional decay, inequity, regional development imbalances, exclusion, marginalization, lack of national cohesion, all forms of discrimination, poverty, bad leadership, impunity and lack of transparency and accountability.

Foundation

Indeed, the Constitution lays a firm foundation for an executive mind shift from preoccupation with political governance to a focus on developmental governance and service delivery. In Article 1 (1) the Constitution provides that “All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution”.

In subsequent clauses under this Article, the people’s sovereign power may be exercised either directly or through democratically elected representatives. The power is only DELEGATED to the three arms of government both at the national and county level. In clause 4 of Article 1, the Constitution is categorical that “The sovereign power of the people is exercised at:-

(a) national level; and (b) county level”.

The emphatic provision by the Constitution that the sovereign power of the people is only delegated and not ceded means that the people of Kenya collectively retain residual authority and power.

In re-vesting sovereign power in the people of Kenya, the Constitution has provided a framework for restoration of individual self-esteem in Kenyans. This in turn translates into robust participation by citizens in the affairs of state at various levels. This is already self-evident in the ongoing public vetting of appointments being made to various public offices. There is vigilance by citizens in ensuring full respect to the letter and spirit of the Constitution. Litigation by Civil Society in the constitution of the Supreme Court bench demonstrates is a case in point. Since the Constitution vests collective oversight by the people of Kenya over the national and county governments, the hitherto constrained inherent development potential in the people will be unlocked throughout the 47 counties. Here is why and how.

First, the form of devolution prescribed by the Constitution is not decongestion, neither is it de-concentration, decentralisation nor federation. It is two levels of governments within a unitary state. Article 6 (2) provides that “The governments at the national and county levels are distinct and inter-dependent and shall conduct their mutual relations on the basis of consultation and cooperation”.

The two governments are, therefore, equal partners within the state. The county governments are NOT glorified local authorities. The Constitution specifies and assigns functions to both levels of governments in the Fourth Schedule. There are provisions on sources of resources, both financial and otherwise, for both govern-

ments and prescriptions are expressly made for the manner in which these are to be managed.

There is, therefore, constitutional guarantee for availability of resources at the county level for development and service delivery. The counties are constitutionally freed and protected from being beholden to some bureaucrats sitting somewhere under the pseudo-name ‘National Treasury’.

Burdened child

Second, citizen participation at all levels of government and processes is constitutional requirement. This means citizens will prioritise developmental needs and assign resources through a participatory budgetary process at various levels from below. This will guarantee equitable share of development with hitherto marginalised groups, areas and communities benefitting from a 15 percent share of national revenue, affirmative action proceeds from conditional and unconditional grants, guaranteed loans by the national government, revenues raised by individual county governments and the Equalization Fund.

Third, the Constitution is emphatic in Article 201 (c) that “the burdens and benefits of the use of resources and public borrowing shall be shared equitably between present and future generations” Currently the per capita foreign debt burden on every child born in Kenya stands at KSh31,000. This constitutional principle will release the mainly youthful generation from servicing debt and concentrating on development and service delivery.

Fourth, the gender parity principle in the Constitution together with prescriptions of Chapter Six on Leadership and Integrity will ensure that the dearth of proper leadership which has denied Kenya exponential developmental growth is a thing of the past.

The writer is the Executive Director, Citizens Coalition for Constitutional Culture (4Cs) and a member, Task Force on Devolved Government

Scheme on devolved Government takes off

By ABISAI AMUGUNE When Kitale District Hospital was rated the best managed health institution in the country by the Ministry of Health in 2009, little was it known that it would be used as an example in the realisation of the devolved government.

The hospital’s management through a joint venture with Jomo Kenyatta University of Agriculture and Technology (JKUAT) will next month open a medical training centre (MTC) in Trans Nzoia County with majority of trainees drawn from the County and posted back to work in their respective home health centres.

The Hospital’s administrative secretary, Laureen Birir, said the two sides had principally agreed on the MTC and were only awaiting approval of the memorandum of understanding (MOU).

Change

Cyrus Kamau, the JKUAT representative, said they were geared towards having a change in the offering of medical services in TranNzoia County.

Said Kamau: “JKUAT has already extended its tentacles to Trans-Nzoia by establishing a constituent college in Kitale town.”

The proposed Kitale Medical Training Centre to be based at the former Trans-Nzoia District headquarters will be funded jointly by the ministry and

Constituency Development Funds (CDF) of three local constituencies — Saboti, Cherangany and Kwanza.

Already, Saboti MP Eugene Wamalwa has released one million shillings from his Constituency towards rehabilitation of the proposed centre.

The same gesture is being awaited from Cherangany’s Joshua Kuttuny and Dr Noah Wekesa of Kwanza constituency.

“We have given this money as an extension of medical care to our people. We hope our residents will appreciate this,” said Wamalwa.

The Kitale MTC which will open its doors for certificate, diploma and degree courses, comes in shortly after a private college of nursing — Nzoia College of Nursing on the outskirts of Kitale Town admitted its first batch of 30 trainees early this year.

The MTC’s is the brain child of Dr Maurice Wakwabubi, who is the Kitale District Hospital medical superintendent. Courses to be offered include nursing, laboratory technology, public health, nutrition, clinical medicine and physiotherapy. The fees

Mount Elgon Hospital in Kitale County. The region is bound to benefit from the construction of a medical training centre that will help boost skilled health care as devolved governments take effect.

Picture: Abisai Amugune will be based on community guidelines.

The proposed Kitale MTC will add to the other existing MTCs in Webuye, Ortum in West-Pokot County and Lodwar in Turkana District. The Ortum MTC is sponsored by the Catholic Church.

Currently, trainees from the Webuye, Ortum and Lodwar MTCs are posted to Kitale District Hospital for their practicals.

“We have given this money as an extension of medical care to our people. We hope our residents will appreciate this,” — Eugene Wamalwa

Wakwabubi said while JKUAT’s main assignment will be to provide professional expertise, the district hospital in collaboration with the community will provide logistical support.

Services

“The community has our blessings. The services we offer at the hospital are not enough. We are hoping that the MTC trainees will supplement our services for the growing number of patients,” Wakwabubi said in an interview with Reject.

Explained Wakwabubi: “The MTC is expected to admit 100 trainees in its initial intake that will give a considerable quota to local applicants. It will also consider day scholars from vulnerable families to access professional medical care services.”

The hospital is separated from the

MTC by a 30-metre foot path.

At least 1,000 patients are attended to by two nurses in Trans Nzoia County. The deficit is compounded by deaths, retirements and resignation of medical staff seeking greener pasture abroad.

The Kitale MTC would be the first of its own in the county. But does the Kitale District Hospital have capacity for an MTC? Or will the intended MTC turn out to be yet another white elephant as some public projects?

Since Wakwabubi to the hospital six years ago, the institution has undergone several transformations and restructures including the 60 million inauguration of casualty wing, institutionalisation of NHIF services and the opening of an eye clinic sponsored both by government and donors.

ISSUE 046, Aug 26 - Sept 15, 2011

15

Unfiltered, uninhibited…just the gruesome truth

Mwingi’s iron lady eyes elective position

By Ken Ndambu In 2007, she resigned her job as a teacher and decided to join politics. The calling was so strong and she felt that it was time for change.

While the constituency that she was going to vie in was not a challenge, the trouble came from her opponents. Her major rival was a presidential candidate. For the second time, people of Ukambani had one of their own aspiring for the big office of being Kenya’s chief executive officer.

With this Syengo was not going to get a chance.

Despite the new constitutional dispensation, she has not changed her mind and still eyes for Mwingi North Parliamentary seat. “I feel the time for the Mwingi North electorate to be represented in Parliament by a woman leader to address squarely the issues affecting women in the region is now,” reiterates Syengo who says she will do for the residents what the current MP and Vice-President Kalonzo Musyoka has not done.

According to Syengo, women in the Constituency have to walk long distances to get water as the area is prone to drought leading to the depletion of water sources.

Migration

“It is a common phenomenon for men to migrate from the area to urban centres whenever drought bites leaving women behind to strive to get water for domestic use and livestock,” observes Syengo. She adds: “It is time someone bailed the women from their suffering. One way to do that is for them to elect one of their own who can identify with the challenges they undergo.”

Syengo advises women in the country to take advantage of the opportunities given to them by the new Constitution and ensure that more women gets the top seats both in national and county governments.

“This is our time and we should not miss the chances given to women,” avers Syengo who hopes that all candidates aspiring for the top political seats in next year’s General Elections are given a level playing ground.

Syengo was a teacher at Mwingi Boys’ Sec-

ond position. This was good performance for a young beginner like myself,” she avers.

In the church, she is a preacher. In public gatherings, she becomes a politician while within in the villages, she is a community development expert. She is simply a woman who wears many hats.

This is Beth Syengo who has an articulate style of preaching that impresses her listeners with her knowledge of political issues.

When she took the stage at a bishops’ and pastors’ meeting in Kitui, the Syengo drew attention of the audience not only with her manner of preaching but also her approach to political problems facing the Country Syengo argues that women have a better chance to shape the political destiny of this country only if given a chance. However, she is quick to add that women are their own enemies because many have still believe that they must be led by men.

ondary School before she quit to try her hand in politics in 2007. She was aspiring to capture the Mwingi North Parliamentary seat held by Vice-President Kalonzo Musyoka.

It was the first time for the long serving MP to have a woman challenger. “The calling for me to vie for the seat was revealed to me in my sleep. I had to abide to it,’’ recalls Syengo.

“Challenging Kalonzo who would later become Vice-President was like the biblical fight between David and Goliath. However, in the end, the incumbent MP knew he had a serious woman challenging him,” says Syengo.

She explains: “I knew it will not be easy to beat Kalonzo who has served the constituency for such a long time but was driven by my conscience that since a political wind was sweeping across the country, voters in Mwingi North also required change.”

Initially, she wanted to contest the seat on ODM-Kenya ticket, the party of the people in the area, but since Musyoka’s impact was great as leader of the party, she contested the seat on Mazingira Political Party.

“Despite the threats and humiliation during the campaign period, I managed to garner 5,100 votes coming second to the Vice-President, a position which made me confident that one day, I will get the seat,” Syengo reiterates.

She appeals to Kenyan women not to be scared by men and vote for one of their own in elective posts. She argues: “This is the only way women can have a bargaining power to uplift themselves from the yolk of poverty.”

“We need change and that is why I left teaching to try my hand in politics,” she says, adding that since 1992, when the country repealed section 2A to usher in multipartyism, a political wind has been sweeping across the country and the old guard in politics should pave way for the young generation.

Asked if she regretted leaving the teaching career to test a life in politics, Syengo says she has no regrets as God has spoken to her that one day, she will be the MP for Mwingi North Constituency.

“I beat other male contesters to land to sec-

“Despite the threats and humiliation during the campaign period, I managed to garner 5,100 votes coming second to the Vice-President.”

Regret

She regrets: “This belief is still very strong in most communities and has contributed to women’s failure to advance in both economic, social and political development.”

After she graduated from Kenyatta University in 1998. Before she moved to Mwingi Boys’ School, she taught in Nakuru Boys’ School and three other schools.

“It was when I was in Nakuru Boys that I was inspired by women politicians like Alicen Chelaite, Zipporah Kittony, Charity Ngilu and Martha Karua. I decided one day I will seek an elective post,” she says.

The first born in a polygamous family, she advises young educated women in the country to emulate current women legislators whom she describes as women who fight hands down alongside upcoming young politicians to bring change in the country.

Syengo says it was after the 2007 post election violence that she became a born again Christian so as advance social, economic and political interests of Kenyans in and outside the church.

— Beth Syengo Due to the high scourge of HIV/Aids in the area, she formed a non–government organisation Ngolania Community HIV/Aids Programme (NCHP) that would help create awareness and bring down the scourge.

“Community service and politics are intertwined. A good elected leader is one who strives to take services to everyone in the villages, that is why I felt such an organisation is important,” explains Syengo.

The organisation aims to empower the community to harness water harvesting using cheap technology like construction of sand dams so as to adopt modern farming technology for sustainable food security.

Syengo is currently pursuing a Masters degree in Community Development at Minnesota University in the United States of America.

She argues that poverty afflicting Kenyans is caused by the present leaders who advance their personal interests instead of those touching the common man especially women and children.

Support for article on parental responsibility

By JOHN SYENGO A year since the promulgation of the Constitution, women in Mwingi are happy that among other gains, the new Constitution shielded them from the burden of singlehandedly fending for their children.

Further, the women are celebrating that they now have equal right to their matrimonial property and that their daughters, whether married or not have equal opportunity to claim a share of their father’s land and other property as inheritance.

These are the three constitutional provisions that most women in Mwingi who spoke could quickly pick as most beneficial to them. However, they further claim that details of most of the contents of the new Constitution that was promulgated on August 27 last year were foreign to them.

Thirty six 36-year-old Jemimah Wamwoo noted that she had personally experienced the benefits of the new Constitution as it would allow her to inherit her paternal parents land and other property. Wamwoo is the only child of her deceased parents.

Before her father passed on in 2002, he had initiated the process transferring his plot of land at Ilalambyu village in Kyome area of Migwani district to her. However, once the old man passed on, her paternal uncles and cousins began a scheme to block her from inheriting the land.

“We have had a tussle with relatives from my father’s side, who wanted to disinherit me from the land that my father wanted me to own.”

— Jemimah Wamwoo

“We have had a tussle with relatives from my father’s side, who wanted to disinherit me from the land that my father wanted me to own. They claimed that there was no way a woman and more so a married one would inherit land while there were male relatives who had the right to inherit the land,” says Wamwoo, a water vendor in Mwingi town.

She is aware of the fact that the new Constitution is explicit that daughters just like sons had equal rights to inherit their parents’ property.

“The relatives have softened their stance upon realising that the new Constitution guarantees me the right to inherit my father’s land,”

says Wamwoo.

She is also aware that the Constitution allows her equal right to their matrimonial property as her spouse.

“I know that the Constitution allows me to have a say over our property and my husband cannot dispose of anything without seeking my express consent,” said Wamwoo.

Sharing her views is the director of the Mwingi St Luciana Orphanages, Magdalene Musyoka, who says she was pleased that the new Constitutions favoured women in a big way.

“I know now that if a woman is married, ownership of all the family property shared

“I know now that if a woman is married, ownership of all the family property shared between the husband and wife.”

— Magdalene Musyoka

between the husband and wife. No one has the powers to dispose of any property without the consent of the other,” explains Musyoka.

She recalls that previously men would dispose of family property and their wives had no power to raise objections.

Musyoka says the other significant aspect in the Constitution is that it discourages promiscuity. Men will now keep off women because they know the repercussions if they siring children out of wedlock.

“If a woman has a child with her boyfriend, she will not be left to fend for the child on her own. This provision saves women from preying men,” says Musyoka.

In an interview, Kyambi Kavali who works with the Red Cross, however, said that the new Constitution presented women with an array of opportunities to even outnumber men in elective leadership. She lamented that many rural women were not aware of the opportunities availed to them by the Constitution.

“It is like the local women do not know what is at stake for them. There is need for urgent civic education to enlighten the local women of the leadership opportunities that lay ahead for them,” explains Kavali.

She referred to parliamentary, senatorial, governorship, member of county assembly, county women representative, youth and persons with disabilities representative seats as positions that women could gun for.

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ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

Siaya in County strategy meeting

By OMONDI GWENGI Siaya County is presently in the mood of implementing the new Constitution and laying down the necessary strategies for the operation of the envisaged structures of devolved government as provided in the new law.

Several strategy meetings are going on in an attempt to unite the six communities in Siaya and to make sure that the intent of the new Constitution is not paralysed by politicians who have failed to provide good leadership and governance.

In a recent meeting of Siaya County leaders which aimed at bringing the two constituencies together, Dr Nick Ogolla said that there has been division among these communities when it comes to voting and reiterated that Bondo and Rarieda had been marginalised.

“We have been divided when it comes to voting but now the Constitution forces us to unite for the sake of our county,” said Ogolla.

He reiterated that the Constitution stipulates that all these communities must be accommodated as per the new law.

“No matter how small a community may be, it must be involved in any activity for the systems to work appropriately,” he explained.

Networking

Ogolla, initiated the idea of networking. He observed that the forum would like to enable each constituency in Siaya County to have at least six women representing them.

“We need to accept that good leaders can be localised,” stressed Ogolla.

Florence Winja, a community leader noted that there are some women who are not ready to embrace the changes in the society.

“Women are still stuck on some of the traditions that make them unprepared for change,” explained Winja.

Dr Phoebe Nyawalo of Bondo University College observed that rural women have no confidence in themselves. She argued that this makes it difficult to convince them to take up positions as provided by the new law.

“Women have not yet realised the responsibility that the positions in the new law come with,” said Nyawalo. Her sentiments were echoed by Joseph Kwaka, Executive Director Community Aid International who said that people have always perceived that leaders are only politicians.

“We cannot recognise that principal of a school who sends a 100 students to university but recognise a politician because of the wealth he has,” lamented Kwaka.

He added: “We should liberate ourselves from the yoke of these politicians who have dragged us behind in terms of development.”

Kwaka also urged the voters not to be misled by aspiring MPs who are going round telling voters that they will bring development when elected.

“MPs will be legislators and issues of development rests with the Governor,” stressed Kwaka. He observed: “We should not be misled by these politicians who do seem to understand the new law.”

Ogolla added that an attempt to sideline or marginalise any community will lead to nullification of the whole system.

“When any community feels that they are not well represented, they can go to court and stop the whole process,” he observed.

Bill of Rights raises hope

By MICHAEL OONGO

Terry Amoit, from Teso District, Busia County was a worried woman three years ago. She was uncertain of the future of her three daughters given that in her community, educating a girl was considered a waste of resources.

Today, however, she is radiant with hope that her husband, who subscribes to the old school of thought, will have no alternative but to sell some of his cows to educate her children because it is entailed in the Bill of Rights.

“The new Constitution brought a sigh of relief to many people like me because it was not through choice that I gave birth to all girls. Now my husband will have no choice but to invest in their education because I am told the new Constitution provides that every Kenyan child has a right to education, regardless of gender,” she told Reject.

Hope

Her hope is buoyed by Chapter Four which deals with the Bill of Rights under section 53 (b) which states clearly that every child has a right to free and compulsory basic education.

It is supported by section 27 (3) which proclaims that women and men have the right to equal treatment including the right to equal opportunities in political, economic, cultural and social spheres.”

Sebensia Imoleit, who is eyeing a slot in the Busia County Women representation, shares the same views.

“We have realised some positive

he had to revoke the same after he was taken to court. This was a very positive triumph for the new law,” said Maina.

He urged the MPs who are still unwilling to oblige on paying taxes to show leadership by paying their taxes as an example to those they lead.

However, Busia businesswoman Catherine Oliwa said the fruits of the new Constitution are yet to be reaped because it is still in its early stages.

“The implementation pace is very slow and is marred with constant wrangling by leaders who Sebensia Imoleit says the new should expedite the process for the Constitution has brought hope people to enjoy its good fruits. They for women and children. are not doing their jobs properly and we can only celebrate its fruits changes in as far as issues affecting when it will fully be implemented,” the girl-child and women in general explained Oliwa. are concerned because in Amagoro Constituency for instance, gender equity is being addressed.”

Another resident Shaban Kilui She adds: “Women are now in- also faulted the implementation provolved in most development activi- cess arguing that up to now very few ties as opposed to what used to hap- Kenyans understood the new law and pen in the past when only men were its underlying benefits adding that at the centre of everything.” even most MPs, who are supposed to Imoleit believes that with a strong educate their constituents on the new and effective Governor for Busia, law, are not very conversant with it. women in the county will contribute “Most Kenyans, even some MPs towards its progress. still don’t understand underlying isFrom Budalangi, Pastor Esau sues in the new Constitution hence Weke Maina of Jesus Power Chapel making it very difficult for the ordiMission believes that the new Consti- nary person to actively participate tution though still in its implementa- in the implementation process and tion stage, has brought some positive this needs to be addressed urgently reforms especially on the fight against for the public to fully support this impunity and corruption. cause,” observed Kilui.

“When the President attempted However, he lauded the few gains to single handedly appoint the Chief realised so far from the new law such Justice without following procedure as the vetting of those who want to as spelt out in the new Constitution, hold public offices who must also be

Awareness

Catherine Oliwa believes the implementation of the new law is marred by wrangling among parliamentarians. people of high integrity held such positions.

Anne Gift Wasike, a Busia resident, also decried the slow pace of implementation noting that most Kenyans are still yearning for changes they expected the new law to bring.

She is also skeptical that although the new law ensures gender equity in all spheres, women may not fully benefit from this dispensation politically because they lack resources for political processes.

“When it comes to political mobilisation, women still cannot match their male counterparts because the playing ground is not been levelled.”

Wasike reiterated: “Some of these women have very constructive ideas but because of their status in society, they are usually not taken seriously yet they can transform this country positively given the chance to lead.”

Minority issues unclear in the Rift

By WILSON ROTICH Residents of South Rift are yet to understand the implication of the choices they made when they voted for the new Constitution.

Much as the Narok County is home to the Maasai and Ogiek communities who can be considered as marginalised groups, many community members do not understand how the new Constitution will impact on their lives.

Speaking at a media and leaders forum in Narok, Willis Evans Otieno from Transparency International– Kenya set the record straight by saying that Article 260 of the Constitution defines a marginalised group to mean a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the grounds in Article 27(4) which include race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.

Lemaiyan ole Sankok, leader of the Maa Community Council said the Maasai of Narok voted for the new law with the hope that they would benefit exclusively from the Maasai Mara Game Reserve in Narok County.

“We expected to control proceeds from the Maasai Mara and donate a little to the National Government, but the reality is the opposite. Out

of the KSh1 billion annual revenue from Maasi Mara, Narok County Council currently receives only 19 per cent,” said Sankok. He added: “Had we known we would have voted against the document.”

Sankok was speaking at a meeting that brought together journalists and leaders from the Maa community. The meeting was organized by the Friedrich Ebert Foundation (FES) in conjunction with the Kenya Correspondents Association (KCA).

Mau forest

However, Maria Okong’o, Programmes Manager at FES brought to the attention of the Maasai community the realisation that survival of the Maasai Mara is dependent on the Mau Forest.

Okong’o clarified saying: “Because all Counties in Kenya are interdependent on each other, then the National Government deserves to control the proceeds of the natural resources like game parks for the benefit of the entire country.”

Sankok who hails from Kajiado County expressed his distaste at how the Magadi Soda firm changed hands behind the backs of the people of Kajiado. “The lease was supposed to end in 2004 but it was fraudulently extended to 999 years without the consent of the Maasai community,” Ole Sankok revealed that one activist was allegedly assassinated for mobilising the Maasai community against the move by the owners of the firm.

James Ashire from Narok County said apportioning land to women is still strange to the Maasai even though the Constitution speaks against gender discrimination.

Samwel Kipsang, a freelance journalist in Narok pointed out that the Ogiek community feel marginalised by the Maasai who are the majority in Narok. He said his recent interview with an Ogiek woman leader revealed that most Ogiek children do not benefit from the CDF or Bursaries or even LATF because that community is never represented in the committees.

A quick look at the Constituencies Development Fund website (cdf. go.ke) shows the Narok South Constituency Development Fund (CDF) committee members list conspicuously excludes a representative from the minority Ogiek community. In the list, there are representatives for men, women, youth, religions and even those representing the Non Governmental Organisations.

One of the Maasai women leaders Naisiae Karia said, “The Ogiek are getting more marginalised as persons from the majority communities are registering themselves as Ogiek in a bid to get land especially in the Mau region.”

According to Abdulkadir Abdulaziz of the Kericho Interfaith Forum Asians, Nubians and Muslims are the minorities in Kericho town. Abdulaziz who had one time aspired to be a councilor in Kericho town but

lost maybe because he looks like an Asian says although Asians are an economic power in the town they are a minority in representation because of their small population.

However, Alhaji Abdullahi Kiptanui who is the National Vice Chairman of Supreme Council of Kenyan Muslims (SUPKEM) has been a councillor in Kericho town for 30 years since independence up to 2007.

Some say it is because he is from the Kalenjin Community which is a majority and religion did not affect him negatively in his political campaigns.

Tea zone

Kericho County is home to Multinational Tea Companies like Unilever Tea Kenya Limited and James Finley limited which have employees drawn from different ethnic groups.

These communities have never been treated as minorities because currently one non Kalenjin called Orwa is the Councillor of Chaik Ward in the tea Estates.

It was realised in the meeting that most people in the region erroneously see the County system of government as a sure Constitutional way to deal with the minorities whom they think have invaded their territories. Some even argue that the time frame for the investigations of the historical Injustices by the Truth Justice and Reconciliation Commission (TJRC) should be extended backwards to include the colonial times.

ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

Mijikenda cry over land rights

By FIBI DAVID The family of the late Mzee Nyanje Chula, a polygamous elderly with two wives who died more than 15 years ago, the orphans have never gotten the sense of the new Constitution.

Forty year-old Kavumbi Nyanje, the second born daughter to the second mother of Mzee Chula has always cried foul on grounds that she is being discriminated by her step-brothers with regard to her father’s property especially the land.

Kavumbi was married off when her father was alive and later got divorced but had to struggle on her own to pay back the bride price so that she could have a piece of her father’s land.

Since then, she has stayed on the land since her father died 10 years ago. She has always struggled to take care of her widowed mother who is also the only remaining wife of Mzee Chula after her step mother also died.

Kavumbi is the only remaining child of her 75-year-old father Kadhaa Chula after her elder brother was killed by a crocodile along Galana River five years ago.

Compensation

“I have only received KSh70 from my brothers to assist my desperate and poor mother since I went back to our father’s land,” laments Kavumbi. She adds: “I received that amount as compensation after protesting heavily for ten years that I was also part of the family since I paid back my bride price.”

Says Kavumbi: “My brothers have been selling charcoal worth thousands of shillings which they just shared among themselves forgetting me and my mother.”

The idea of inheriting a piece of land from her maternal home is just but a dream which will never come true, reason being she is a woman and has no right in the society to demand a share of the family property.

“Inheritance! It is not possible. I am sure I shall be chased away from home by my brothers once I show interest in the land. The fam-

ily land always belongs to men and I cannot indulge into any talk about it. This Constitution thing is just lying to women to become victims of harassment at our homes,” Kavumbi says.

It is evident that the Constitution has not penetrated the grassroots of this nation. People are still set on the demands of culture.

The government must play a major role in conducting extensive civic education to initiate a sense of belonging within the communities.

Kavumbi is not alone in this plea. Women in the elderly age group within the Mijikenda community see it as a pipe dream to win their rights to gender equality as provided in the new Constitution.

These women claim not to see the light of this right on ownership of land and gender equality as is provided by the Constitution since their culture and tradition still discriminate them.

“The new breed of women below the age of 30 are likely to change their lifestyle and benefit from the new Constitution since the elderly age group of women are already passed by events,” says Naomi Cidi Kumbatha, a women’s leader from the Mijikenda community.

“The elderly women have a mindset relating to their culture of staying behind and leaving everything to be done by men,” explains Kumbatha adding that they even believe that most rights are in favour of men.

“Older women have no power culturally to go back to their paternal families and demand their rights to land ownership,” she laments.

In the Bill of Rights, Article 27 on Equality and Freedom from Discrimination Section 3 of the Constitution reads: “Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.”

Article 27 (4) reads: “The state shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, con-

A piece of land in Magarini Constituency where older women are oblivious of their right to own land as guaranteed in the Constitution. Naomi Cidi Kumbatha, a Mijikenda woman leader advocating for women’s rights. Picture: Fibi David science, belief, culture, dress, language or birth.”

Despite these provisions, it is worrying that this age group which is bound to their culture might not benefit from the land rights guaranteed in the Constitution.

“We expect the new Constitution to come into full mandate next year after the General Elections when the leaders of this nation shall engage in serious implementation,” says Kumbatha.

Culture

Culture within the Mijikenda community has always hindered women from taking up decision making positions within the community.

A Kaya elder at Kayafungo in Kaloleni within Kilifi County and an adviser to the Mijikenda community Mzee Katana Kalulu, 80, is opposed the new Constitution saying it violates

cultural rights within the community. Kalulu claims that the Constitution has heavily gone against the Mijikenda culture.

“My daughters have no right whether married or not to have a share of land that I own. She does not deserve it at all. As an elder within the community, I might end up being cursed by our gods when I give out land to a girl,” laments Kalulu.

A known Giriama elder and a spiritual leader, Kalulu is mandated to conduct prayers in every traditional function conducted by the Mijikendas. He is a member of a cultural association in Malindi known as Malindi District Cultural Association (MADCA).

MADCA has been at the forefront in fighting for the Mijikenda cultural identity within the country and even internationally, through the Kenya National Commission on Human Rights (KNCHR).

The Constitution has clearly indicated gender equality and ownership irrespective of culture.

“As an elder within the community, I might end up being cursed by our gods when I give out land to a girl.”

— Mzee Katana Kalulu

Male resistance to land allocation for women

By Omwa Ombara

Ramadhan Ibrahim Onguto, 69, is disgusted.

Although he voted ‘yes’ for the Constitution, he swears he did not vote for women to be allocated land.

What is even more annoying to Onguto is the Government’s audacity to treat men and women equally especially with regard to land matters.

“Since the world began, it has never happened and I can assure you that it will never happen. I will definitely not give any of my daughters an equal share of the land. The Government cannot force me to do this, unless they are ready for war. This is a sensitive matter that could result in death. The Government had better handle it very carefully,” he says.

Onguto is a village spokesman and a respectable elder in Nyakoko village, North East Kano in Kisumu County.

He is angry that the Government has no respect for cultural practices handed down by our ancestors. He says the new Constitution takes advantage of men by giving women rights with the right hand while taking away men’s rights with the other.

Onguto has already distributed his one acre piece of land to his sons. The land is already demarcated and he is only waiting for his title deed to arrive from the Ministry of Land headquarters.

Asked by Reject how many children he has,

Onguto only mentions his three sons but does make any reference of his daughters.

“It is very unfortunate that our daughters who are already married want to have their cake and eat. They already have land to build on, cultivate and harvest. Why should they get another share from their father’s land? Why should they come back from where they are married to scramble for land with their brothers who also have their wives and children?” poses Onguto. He adds: “Nobody in the village will allow it. We will take them to court if need be.”

Onguto, however, agrees that in extraneous circumstances where his daughters are divorced or chased away by their husbands, he will not let them suffer.

“I would give my suffering daughter a very tiny piece of land to squeeze herself in as a ‘small token’ because of our biological relationship. I really love them but giving them land is a different matter altogether. I dare not give ‘wildcats’ (read girl child) any land.”

17

According to Onguto, women in the traditional set up were referred to as wildcats because of their unpredictable habit of getting pregnant while in school and dashing their parents’ hope after investing in their education.

The family could sell their only land and livestock to raise school fees only to learn that their only daughter was not only pregnant but had eloped with a ‘nobody’ for a husband. Often, the man would not pay dowry and parents felt cheated. This practice disoriented many families and lowered the value, respect and appreciation for the girl-child.

“My main worry is that the married daughters who inherit land may get inherited or remarried and strangers may end up inheriting my land. Wife inheritance is a reality and still rampant in our society, and that is why the whole idea is unacceptable to most men,” says an agitated Onguto.

With the new Constitution, the kind of resistance and rage emerging from Onguto and other male landowners will soon be a thing of

“I will definitely not give any of my daughters an equal share of the land. The Government cannot force me to do this, unless they are ready for war.”

— Ramadhan Ibrahim Onguto

the past. The Constitution, which supersedes all culture has empowered women and given them a bargaining chip on land issues. Not only are the women safe and protected but their children are safe too.

Articles 27 and 60 of the new Constitution are clear that it is now illegal to deny Kenyan women land on the basis of their gender. Indeed it does not matter whether the woman is married or single. The family law even boosts this fact further by stating that all children will inherit land equally irrespective of gender — whether male or female.

Article 27 (3) states: “Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.”

Article 60 (1) states that: “Land in Kenya shall be held, used, and managed in a manner that is equitable, efficient, productive and sustainable and in accordance with the following principles: (f) ”Elimination of gender discrimination in law, customs and practices related to land and property in land.”

Article 60 (2) clearly states that: “These principals shall be implemented through a national land policy developed and renewed regularly by the national government and through legislation.”

The dice is cast. The older generation that sat on women’s land rights will soon be wiped away.

For those who are resistant to change, change will change them under the new Constitution.

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ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

Land owners now feel secure to invest in Narok

Narok town where hundreds of teachers were allocated plots that they proudly call home.

Former long serving branch Executive Secretary Simon ole Poror says the idea to settle the teachers was conceived after long deliberations that revealed how some retired teachers mostly those who worked in urban areas became desperate after they left jobs with no homes to take their families.

However, although the land transactions deals sounded clean, some left locals with a bitter taste in their mouth when it later emerged that some of the women presented before the Land Control Board by the purported male land owners were hired ‘wives’.

By KABIA MATEGA

Elizabeth Njeri, a single mother of five and a market operator in Narok town is currently constructing two permanent rooms on her plot.

She says the dream to settle her children was answered when she joined the SACCO and the idea of the plots was introduced to her.

However, she and some others were reluctant to develop the plots acquired more than five years ago despite having all documents including title deeds allegedly because of threats of evictions from the land by a section of local politicians.

Njeri who could not hide her joy said that the Constitution has assured all Kenyans irrespective of their ethnic background the right to own property anywhere in the country.

“I also heard during a civic education meeting on the referendum that the Constitution has given all strong assurance of protection of their lives and property and, therefore, the reason for me to put up a room that my children and I can proudly call home without fear,” says a cheerful Njeri.

Wheat farming is one of the key economic activities in Narok town that has attracted people from other communities to the region. Residents in the town are now confident that their investments are safeguarded in the new Constitution.

Picture: Reject Correspondent

The new Constitution has ushered in the hope of peaceful co-existence among different communities living and having acquired property in Narok County.

With the assurance that the Constitution will protect their lives and property anywhere in the country, fears and mistrust that existed among people who were not originally from the County and their hosts the Maasai community, is no more.

Those who have acquired land especially within the town council of Narok, like Njeri, have since embarked on developing them.

Newly constructed and upcoming permanent structures are dotting previously idle plots while investors in businesses and farming

can be seen expanding their premises and farming acreages respectively.

Jua Kali Cooperative Society (SACCO) with more than 1,000 members has managed to assist them acquire at least a standard size plot to settle in or to put up residential rental houses.

Joseph Muchiri, founder of the Sacco told the Reject that when the society was registered it had only six members.

“After the registration of the Sacco, I spearheaded and launched an aggressive recruitment campaign of members with our target being small scale traders,” explains Muchiri.

“It was not long before we hit the 1,000 mark and finding a way to settle the members topped other priorities,” says Muchiri who is a former

Co-existence

Aliens

Jua Kali Sacco chairman.

The Sacco management purchased several acres of land in the neighbourhood which was later subdivided into plots and sold to members at low prices.

Out of fear brought about by the then existing bad blood between non-Maasai residents and their host community who sold them the land due to political influence, many people shied away from developing the plots until the new Constitution that guaranteed the safety for them and their property was in place.

The Kenya National Union of Teachers was not left behind and the area branch officials some retired and others still in office managed to purchase chunks of land in the outskirts of

“Our Maasai men carry with them their wives’ national identity cards and all they do is to shop for a woman in town who resembled the photograph on the ID card and hire her to be the official wife to appear before the Land Control Board where the family land sale deal is sealed,” explains Councillor Pauline Kinyarkuo, who is also women’s rights activist.

Through a confession by one the ‘hired wives’, who enjoyed providing the service twice, we learnt that they were paid handsomely once the deal was sealed. Some of these women got married to the men they assisted.

Wives for hire are secretly picked from social places like hotels, bars or brothels in Narok town by interested men who then coach on how to dress in Maasai women attire and comments to make before the Land Control Board in most cases chaired by the District Commissioner or his deputy.

Kinyarkuo appreciates that with the new Constitution and after the land reforms, the title deeds will bear both names of the couple and the Land Control Board will be reconstructed to have faces of people who care about local community.

New dawn on inheritance for Maasai women

By SIAANOI MARIMA It is close to a year since the promulgation of the new Constitution. Ideally, this heralded a new dawn for Kenyan women.

Women now own and inherit land and matrimonial property is protected during and after termination of marriage. Article 60 states that there will be no discrimination in customs and practices related to land. According to Article 68, legislation will be enacted to protect the dependants of deceased persons holding interests in any land.

Emotive

However, a year on and little has changed in Narok County. An area resident and civil society member, Carol Sopiato says: “Land is a highly emotive issue especially among the Maasai.

Culturally, land belongs to men and this has not gone down well with them inspite of the clear stipulation of women’s rights in the new Constitution.”

She notes that land is a sensitive matter which needs to be addressed carefully. “More awareness needs to be created on the rights of women and both genders must be targeted in a consultative forum as culture cannot change overnight,” Sopiato emphasises. She adds: “We don’t want a situation where men feel that the Government is oppressing them and women get overly excited.”

She urges that what is needed is more conversations at the grassroots, training of trainers who can go out into the communities to shed more light and engage them with stakeholders like Ministry of Lands and leaders.

Over in Kajiado County, the picture is somewhat similar. Sarah Parmusiaine, a resi-

dent of the county says: “I am happy because my daughters have a right to inherit. The men have not been very happy about that aspect of the New Constitution but it is good for our daughters because they get to inherit twice.”

Parmusiaine, a widow, hopes she will now benefit from this new Constitution.

Nante Oseur, also of Kajiado County says: “We are happy about the fact that we can now inherit. Many people still do not know about their land rights so women in the grassroots need to be educated so they can exercise their rights.” Chief Harrison Mpayo agrees that women now have rights. He opines that those who are married should only inherit at their marital homes — they should not get any land.

“This issue about land rights has brought a lot of tension. Men are not happy because traditionally all land belongs to men,” he asserts.

Ole Mpayo says that some are already taking advantage of this. He cites an example where some women are colluding with their husbands to sell land, then go back to their parents to claim their inheritance. “This greed must be discouraged,” he observes. Another chief in Kajiado County, Charles Musara says, this is a good step. “Women can now own land.

Previously women and girls could not inherit property from their parents. However, this is a

The Maasai culture has in the past denied women the right to own land.

With the new Constitution, this is bound to change though there is need to create awareness on this provision within the community. Picture: Reject Correspondent

sensitive issue which is likely to be met with resistance.”

Ole Musara says there is need to create awareness on the new Constitution. “People are not fully aware of the new Constitution. I can safely say that about 90 percent of the communities are unaware.”

According to Ole Musara, the few who know dislike the fact that women can now in-

“We don’t want a situation where men feel that the Government is oppressing them and women get overly excited.”

— Carol Sopiato

herit land. “They don’t like it that women are being allowed to inherit twice. They need civic education – the world has changed. Things are new. It cannot be business as usual. The Maasai need to move with the times, they must also adjust to the new Constitution and embrace it.”

One year later, it is obvious that the wind of change has not yet swept across Maasai land.

More civic education needs to be done, so that both men and women are aware of the provisions in the new laws. Close attention must be paid to the sensitivity of the land agenda, so culturally appropriate approaches must be utilised. Involvement of all stakeholders is recommended so that a common understanding of the Constitution is created before people can meaningfully engage on potentially contentious issues.

ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

19

Nubians hope new law will address land question

By ODHIAMBO ORLALE The land question in Nairobi’s Kibera villages is as sensitive as time bomb waiting to explode, especially for Nubian women landlords.

The Nubian community lays claim to the prime land, which they call Kibra, and have always used every opportunity through their council of elders to remind the authorities of the historical injustices as far as their legal and property rights are concerned.

They maintain that the parcels of land were ‘grabbed’ by the Government and outsiders to put up luxurious flats and homes at their expense.

The plight of women landlords in the sprawling slum has been exacerbated by politicisation of the rent issue in the past and refusal of some men to respect their tenancy agreements.

Roots

Nubians, whose ancestors hailed from South Sudan, maintain that the land was bequeathed to them by the colonial Government in recognition of their role in the First and Second World War. This land stretches from Dagoretti Corner, near the Nakumatt Junction shopping arcade on Ngong Road, to Lang’ata Cemetery and Wilson Airport on Lang’ata Road.

According to Government records, the 225 hectares land is State property and 95 per cent of the residents of the sprawling slums are tenants.

Today most Nubians in Nairobi are confined to two of the ten villages, namely Makina and Lindi villages, where they have one of the biggest mosques.

On their part, Nubian women have not been left behind and have always stood up for their rights, especially for those who are landlords.

The issue is so sensitive that all the women who were interviewed for this report requested to remain anonymous for fear of their lives and safety, lest they be harassed and/or victimised.

They also cited the holy month of Ramadhan which they were observing in the month of August.

Mama Amina (not her real name) says she

is a mother of seven and a landlord with ten units in Makina and Lindi slums in Kibera, in Lang’ata constituency. She inherited the buildings from her husband who died ten years ago.

Her tenants pay her an average of KSh1,000 per month, which does not include utilities like electricity and running water. They use a common pit latrine shared with neighbours.

Strong case

Mama Rukia (not her real name) is a mother of five and lives in Olympic Estate. She has 20 residential houses in Gatwekira and Kianda slums where she is paid Sh1,500 per month for the tin-roofed and mud-walled structures per room by her tenants.

Rukia who is also a widow, says she had to put up a strong case for herself and her children after her husband died five years ago in order to protect their property. The in-laws were initially not very co-operative, but she prevailed on them.

The next headache was the tenants who were initially very hostile towards her, but she used agents and the provincial administration to help her collect her rent regularly.

On their part, Amina and Rukia are practical examples of the triple challenges that Nubian women landlords are facing. They are victims of their patriarchal African and Muslim traditions on the one hand and the politics of Kibera and Lang’ata Constituency on the other hand.

In the past they have been discriminated against because of their gender. Their brothers have been involved whenever the issue of inheritance was concerned citing the African and Muslim traditions of land rights.

According to Amina, it was tough initially.

She had to assert herself and demand for her rights from the tenants most of whom looked down on women landladies and used it as an

Members of the Nubian community in Kibra during a past demonstration protesting the grabbing of their land. Nubian women landowners hope the Constitution will help them get their land that was grabbed. Picture: Odhiambo Orlale excuse to delay payments.

Says Amina: “We have had to use the provincial administration in several cases, especially after the 2007 post-elections violence to intervene and order our tenants to pay rent.”

Indeed, most landlords in the sprawling slums have had a history of a love and hate relationship with their tenants over the sensitive issue of rents, which at one time exploded into an all out violent confrontation in a massive scale forcing the police to step in.

The worst case was after the 1997 and in 2007 General Elections when many houses were torched and landlords forced to flee after the is-

They maintain that the parcels of land were ‘grabbed’ by the Government and outsiders to put up luxurious flats and homes at their expense.

sue of rent was politicised.

Says Amina: “This new Constitution gives women landlords, like me, hope that our Bill of Rights and property rights would be respected and protected. Our only fear is that it has taken long to implement the most important chapters that affect our day to day lives, but we are still hopeful.”

However, some Nubians who are well connected and endowed have since moved to neighbouring modern housing estates built by the National Housing Corporation, a parastatal under the Ministry of Housing.

The estates include the joint multi-billions shillings Government of Kenya and United Nations/Habitat slum upgrading project.

The powerful Nubian council of elders has made written and verbal representations to various task forces, commissions and the National Constitutional Review Conference, where they put up a strong case for their demands.

Scramble for land over boundary threatens to explode

By HUSSEIN DIDO As the Independent Electoral and Boundary Commission (IEBC) takes off under the new Constitution, the body will face a daunting task among other key issues like land injustices committed in the past regime and at the onset of independence.

Isiolo town is one of the towns sitting on a ticking time bomb awaiting the IEBC to start its work.

Isiolo town is currently under siege as a result of unilateral alteration of its boundaries by neighbouring Nyambene and other districts with new proposed developments that include it being a resort city with major international roads and railway networks crisscrossing the town.

‘Shifta’ menace

The pastoralist communities in the former Northern Frontier District were faced by political crisis of a constitutional proportion in the past which included a secessionist movement and its aftermath, the government security operations against the so called ‘shifta’ menace.

At the height of that emergency period some powerful people in government took advantage of security crisis and altered Isiolo boundaries in favour of the then larger Meru District.

Waso Trust Land that advocates for land issues in the region accused the late Jackson Angaine, who since independence was Minister for Lands, coordinated various demarcation and allocation processes that pushed Isiolo boundaries inwards while expanding his home district of Meru. Many correspondences between Isiolo County Council, district administration, Meru County Council and Ministry of Lands in early

1970s indicate the historical trail of the influence of the then minister in altering the boundaries in favour of Meru.

The coordinator of the trust Hassan Shano says the promulgation of the new Constitution was a blessing to the region and cases of boundary and past injustices will be addressed under the new law.

Presenting a memorandum to TJRC officials at Rural Training Centre, Shano says the newly independent government of Kenya, arbitrarily changed the Isiolo District boundaries to favour ‘the Meru’ who literally annexed what was called Meru concessional grazing areas and Isiolo leasehold areas and other ecologically potential grazing resource areas bordering the larger Meru District.

According to his memo, the areas that are annexed to the larger Meru Districts and which should remain hitherto disputed areas are, the former concessional areas that includes, Boqe Magaado, Daka Borr, Roqa (beyond park bordering Tharaka), Kambi Roqa, Qubi Chafesa, Kubi Sera, Hamares, (Kachuru) Baricha Boru Jaro, Yaqa Bute and areas beyond Maili Nane.

Other areas that were affected by the boundary changes are the leasehold areas that include the current Livestock Marketing Holding Ground Complex under user associations, previously occupied mainly by the Somali Clan of Harti and Isack and the Waso Borana Pastoralists.

Although there is a pending court case challenging some of the claims and despite numerous petitions by Isiolo County Council and residents, the Government is not responsive in resolving this matter which has been causing violent conflicts in recent years.

A section of Isiolo town. There is a scramble for land within Isiolo County since pre-independence times. The area residents hope that the new Constitution will bring to an end the boundary disputes. Picture: Hussein Dido “The trend is still going on as Nyambene and other neighbouring districts unilaterally extend the boundaries into Isiolo. We hope the new Constitution will free us from this colonialism,” says Shano.

The coordinator said in the recent past, northern and eastern parts of Isiolo town and its environs are allegedly being claimed by Nyambene with yet again powerful people in government behind it. Isiolo has lost many rangelands and wetlands such as part of Kina Division (Bisan Adi) to Meru.

On the other hand, Somali communities encroached into Isiolo territories and the affected areas include Hadado, Arb Jahan, Banane, Irres Wachille, Guchi chachafa, Dusot, Basir, Gofo in the neighbouring Wajir district.

The alteration of the boundaries other land injustices are said to have occurred after 1963,

when the Kenya Government declared an emergency in Northern Kenya and used North Eastern Province and Contiguous Districts Regulations, to conduct security operations that led to extrajudicial killings and loss of property.

In 1964-1967, the people in Isiolo were enclosed in ‘concentration camps’ at different locations in the district. The major camps were in Merti, Garba Tulla, Modogashe and Isiolo Town. Borana, Sakuye and Somali communities were singled out as targets of security operations. Many lives and property were lost during the period and the residents were rendered destitute with most survivors fleeing to Somalia or migrating to urban centres to eke a living. The scramble for land and conflict over boundary has been high in the area as the government explores ways to improve the infrastructure ahead of the resort city and Vision 2030.

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ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

Pushing women’s property rights

The challenge lies in effective implementation

By RUTH OMUKHANGO While women laud the gains made in the Constitution in relation to land and property rights with a special emphasis on matrimonial property and land inheritance, the challenge that abounds is in the realisation of these rights especially where culture and statutory law collide.

Traditionally, in many communities, women were not allowed to inherit land and property as some of them were considered as the property of their husbands. In the event of dissolution of the marriage upon the death of her husband, the woman loses her property or land because it reverts to the male relatives who are either her husband’s brothers or sons.

Discrimination

For many, to whom such cultures have upheld the discrimination of women by barring them from inheriting land and property, the new law has come as a surprise and shock. It has elicited different reactions. It is evident that with the backing of the new laws stipulated in the Constitution and the National Land Policy, there has been a shift in the norms which have been reversed to benefit women who are the marginalised in society. This calls for a change in strategy in the engagement between women’s rights advocates and these communities in order to bring about the change of perceptions and attitudes.

“There is need to study and understand the cultures in the communities in which we are working as advocates of women’s rights in order to apply the principles of the new Constitution and other legislation that protect women’s rights to property so as to engage meaningfully to bring about the change,” says Priscilla Nyokabi, Executive Director of Kituo cha Sheria.

Until the promulgation of the new Constitution in August 2010, women’s land and property rights in Kenya were governed by discrimi-

natory customary practices and the Married Women’s Property Act 1882 of England which entrenched disparities in matters of succession, transfer of land to the exclusion of women in land decisions.

Even though the Law of Succession Act was passed in 1991, there was conflict between Constitutional provisions on gender equality vis-à-vis customary practices that discriminated against women in its implementation. Some of the deficiencies are that the Act does not adequately provide for widows in both monogamous and polygamous marriages. The Act also unfairly gave priority to fathers over mothers in inheritance. In addition, the Act did not provide adequate protection to children born out of wedlock.

Article 40 of the Constitution provides that every person has a right to property either individually or in association with others. The rights of women are further recognised under article 60(1) (f) which eliminates gender discrimination to land and property in Kenya.

The Constitution, being the supreme law, protects women and the marginalised in society as stipulated in Chapter 1, Article 2 (4), any law including customary law, that is inconsistent with the Constitution is void to the extent of the inconsistency and any act or omission in contravention with the Constitution is invalid.

This protects women who are considered the group that works on land more than any category of people in the society, providing 80 per cent to 90 per cent of labour in subsistence production and over 70 per cent of labour in cash crop production but suffer discrimination in all matters relating to land ownership.

Women’s land and property rights hold the key to sustainable development and food security in Kenya. It is imperative that all efforts must be directed at ensuring that women’s land and property rights are protected legally, economically, socially and culturally.

According to Nyokabi, women’s rights advocates still have an opportunity to contribute to participate actively in the drafting of the new laws to ensure inclusive laws that wholly protect women against any loopholes that could discriminate against them with regards land and property rights.

This according to Article 68 of Chapter 5 (iii) of the Constitution provides Parliament with the mandate to revise, consolidate and rationalise existing laws and enact legislation to regulate the recognition and protection of matrimonial property and in particular the matrimonial home during and after termination of marriage.

Effective strategies

“There is need to study and understand the cultures in order to apply the principles of the new Constitution that protect women’s rights to property so as to engage meaningfully to bring about change.”

— Priscilla Nyokabi, Executive Director, Kituo cha Sheria

According to Rebecca Wangui, the land rights coordinator at the Kenya Land Alliance, women’s rights advocates have to come up with effective strategies to realise women’s land and property rights in Kenya through various strategies.

“Women have to be sensitised to secure rights for land and property either as individuals or through joint title holding with their husbands in order to safeguard and protect their interest to land and property,” observes Wangui.

Besides creating awareness against the harmful cultural practices to change perceptions and attitudes, there is need to bring men on board to be sensitised on the need for upholding gender equity right from the community level.

There is need to establish legal mechanisms to curb the transactions that destabilised the family in cases where land is used as collateral.

According to Wangui, in order to harness the gains, women have to be custodians of the gender sensitive laws in governance institutions to ensure gender balanced and sensitive policies and laws. This calls for gender balanced land boards at national and grassroots levels.

Octogenarian fights for her grabbed land

By EMELDAH RUTENDO Fatuma wa Mzee Bonaya is 85 years old. At an age when she should enjoying her sunset years, the octogenarian is constantly kept awake by the insecurity of where she is going to live next, since private developers are claiming her land.

Her hazy eyes look hollow and distant, but on a closer look, you can see that they are fixed on concrete wall that surrounds a piece of land. She periodically blinks her white eye lashes, tears of frustrations welling up, as she takes a sign of unspoken bitterness.

“That wall that has barred me from getting access to my four acre of land that has always been a bad dream. Late last year my land was illegally taken from me by a private developer who invaded the land without my consent,” explains Fatuma.

“I was thrown out of my house when they were fencing the land which they now claim to own,” she says. “I was not given any chance to remove anything from the house,” she adds.

According to Fatuma the land in question belonged to her father long before Kenya gained independence. After her parents death, she continued living here, protecting the resources on the land which is full of coconut and mango trees in Bichanga area, Kisauni District.

“The dispute over land actually led to exhumation of my father’s grave by the developer,” says Fatuma, adding that the developer did that in order to erect a building on the land.

“The new owner offered me KSh50,000 for the whole piece of land saying that I should go buy land elsewhere but I refused,” said Fatuma while peeping through a hole on the brick wall.

“If my father or brother were alive today, I would not be going through these difficulties. I used to cultivate crops such as cassava, maize, sweet potatoes and vegetables, now I have neither food to eat nor clothes to wear. At my age I am unable to fight back to get my land,” she laments.

Land injustices

The case of Fatuma is a classic example of the horrors that women go through at the hands of men who claim to be legal owners of their land.

Many women in Coast Province have found themselves being relocated from their traditional lands over claims that they have no ownership rights to land and property. In certain cases they are not even aware that they have a right to own land and property.

Samuel Ouma, a lawyer at the Coast says the new Constitution has not achieved much because it still depends on the implementation of the National Land Policy.

“The Act guiding the new land policy has

Fatuma wa Mzee Bonaya peeps through the wall to see the land that she once owned which is now illegally owned by a private developer.

Fatuma at her neighbour’s compound where she lives. Pictures: Emelda Rutendo not been set up but I am confident that once this happens we will achieve milestones in protecting land rights.

Ouma says it is a good thing that women have equal rights with men and can now own land contrary to the old Constitution.

“Women should not be denied an opportunity to own land, if they are exploited by any de-

“I was thrown out of my house when they were fencing the land which they now claim to own.”

— Fatuma wa Mzee Bonaya

veloper, they have a right to sue especially if they have the necessary documentation as evidence of ownership of a given piece of land,” explains Ouma.

On the ground, however, this is a different ball game as many women have little power to make decisions on matters concerning land and property ownership.

Fatuma is now calling on the Government to intervene and help her get back the land that was once hers.

ISSUE 046, Aug 26 - Sept 15, 2011

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Unfiltered, uninhibited…just the gruesome truth

Rachel Kamweru: Firefighting councillor

What it means to be a female candidate in a sea of male rivals

By OMWA OMBARA Rachel Kamweru is of the 12 women who have survived in a sea of 100 councillors at the Nairobi City Council. She represents Kamukunji Constituency as a nominated councillor.

“It is not easy. It is difficult. It is a man’s world but perhaps a little better than upcountry. Men in the council will listen a little but at the village level, fellow councillors have to deal with petty issues like why they wear trousers and whether they are married,” says Rachel Kamweru. Preference is given to women who do not wear trousers and are married.

“In Nairobi, if you don’t have money you cannot make it. The gonya (free me) culture where one has to pay voters or councillors to enlist their support makes it almost impossible for women to make it in elections.”

Kamweru regrets that most councillors refer to women as prostitutes in a well-orchestrated character defamation to put women down.

“I have developed a thick skin over the years but when one is a young woman councillor just trying their luck for the first time, one feels intimidated and quickly drops out. Some aspirants even breakdown and cry. I am lucky in that when I walked into politics, I was already trained to handle any demoralising and belittling comments about women.”

“My nomination during my first term was revoked. This is my second attempt as councillor. I had to go to court to battle it out with those who had revoked my nominations and given it to my male rival. I really fought for it. I was in court for about nine months but I finally got justice.”

Kamweru says nominations remain one of the most challenging aspects for women at the council.

“The fact that women must digest is that nominations are done on party strength. Women out there must support their parties to make sure the party wins. The Party with more strength will have to nominate their women. Even in their counties if women want to be strong they must support their parties,” she observes.

“This is a strong challenge especially for outstanding women with good credentials but belong to smaller parties or rival parties. For example, a Party of National Unity (PNU) woman candidate will not be nominated by Orange Democratic Movement (ODM) councillors and the vice versa no matter how good she is.

Gender

“I was instrumental in pushing for a committee on Information and Communication Technology (ICT) and also for gender mainstreaming through the Party of National Unity.

We are only 12 female councillors competing with 88 male councillors. At the moment, it is tricky but in 2012, I believe it will work better.

The 30 per cent ratio will have to be there. At the moment, the numbers are low and even if we had a chance to get 30 per cent of the women in the council, the 12 of us cannot make it as required by the Constitution.”

“I have had to do advocacy. Women are weak in advocacy but I speak openly. I have gone round Nairobi County training women on their gains through Nairobi County Development Initiative. I am contesting for a women’s seat in soccer management. I have been a soccer administrator since 2002 in women’s soccer clubs. I am now advocating that one third of the officials must be women in the National Executive Council.”

Kamweru says this year the women’s soccer team could not go to Mozambique in September as scheduled. They just gave Sudan a walk over and the Kenyan team was thrown out.

“Although we still missed the chance after all the noise we made, we brought attention to the whole world. It hit the local and international headlines for four days. That is the power of advocacy women need to make it in

The newly elected Nairobi Mayor George Aladwa makes his entry into City Hall. Women councillors face numerous challenges as they fight for room in the male dominated civic bodies. Picture: Reject Correspondent leadership.”

“If I were to make a choice I would go for an elective post rather than a nomination. Nominations weaken the woman’s position and one cannot stand firm and take a different position,” Kamweru observes.

Campaigners

“I am a politician’s daughter and I have grown up with politics around the homestead.

Most of my father’s campaigners were women.

They sang and danced and I wondered why they were not doing it for themselves.

“There has been a significant change over the years though. Then, it was the man talking, women were dancing. No one listened to women and their ideas were ridiculed. Today, you can make a point and be heard. Now there is a constitutional requirement. People are more sensitive to and more careful in matters regarding women.

“Being a courageous and independent woman, elections would do me good as I would be instrumental in establishing useful programmes,” she notes.

“I joined the Council in 2008 but I started real politics in 2000 in the Democratic Party (DP). I was a Deputy Secretary General with Prof Miriam Mutugi for four years. We deputised Hon Sam Nyamweya.

“You have to take your party very seriously and show commitment. It is a voluntary service and you are never paid anything. One must have networks across the country.”

Kamweru, an ICT specialist says experience is an added advantage because it helps

“The fact that women must digest is that nominations are done on party strength.

The Party with more strength will have to nominate their women.”

— Rachel Kamweru

one strategise. She knows that men might want to put the women they want and campaign for them thus blocking out the women they do not want. Kamweru argues that women must learn to have the men and women on their side so they are not stuck in a rut. “You have to be a fast thinker because you may have to structure programmes that can help the Party.

You cannot be in politics when you are not a risk taker. It is important to have a source of income or another job on the side as one will need the money for fuel and to mobilise campaigns. Early money is like yeast. Start saving,” she advises.

There are very many women who do so much out there but they are not felt or heard.

“Again one must be bold enough to speak the truth. You have to learn to balance between party and family because you may just be called at night for an ad hoc trip.”

“I think it is a major issue. Land issues are women’s gains and must be treated rightly.

Whether you are married or not, you have a right to your parents’ land. The Constitution is supreme to any culture,” she informs.

“There is a lot of resistance for now but I see a great future for our children. It will take time but it will eventually give in, more so, on land.

Before, you could not get a title deed or loan from the bank. They would ask you to be accompanied by your husband or father, but the banks did not ask the men to be accompanied their mothers or wives.

“The new Constitution is an eye opener for women. God has heard our cry. Although it is

but a very small beginning, let us come out and vie for the seats.

For Kamweru, women should seek the people who understand the Constitution because without knowing their rights they cannot connect with their voters. She advises that they join political parties and also be on the lookout for other positions such as the army, police.

“Speak with one voice as women if you feel your voices are not being heard,” she urges.

Kamweru knows that for things to work out well, women must also network with the men and not isolate themselves.

“The men are also instrumental towards their success. There are one or two important lessons to learn from the men.”

Mentorship

“Women must not underrate the County Representative. It will be a powerful position as it [the County] is a Government of its own.

I feel uncomfortable that the woman representative, having gone round all the entire counties sits in Parliament as an MP without remunerations yet a woman representative works as hard as a Governor,” notes Kamweru. She reiterates: “I believe the woman representative should have as high a stake as the Governor and be given the same if not a parallel status.”

‘You choose right, you live right,’ is Kamweru’s motto. Kamweru who was in charge of gender programmes on the PNU side of the ‘Yes’ campaign secretariat says she is her own person and is grateful to God that she has no Godfather. This is what has made her a successful councillor.

“I am courageous, a risk taker and focused. I put my energies in what I want. I like the man’s world better than the woman’s world. I am challenged by the man’s world,” she reiterates.

Kamweru is grateful to Rosemary Okello, the Executive Director at African Woman and Child Features Service for mentoring her through media training workshops under the Political Leadership and Development Programme (PLDP).

“It is important to be spiritual,” Kamweru affirms. “As a woman, you must have something to fall back on especially if things are too hard. That man or woman you may be relying on in the party can let you down badly. A man can abandon you but God will never leave you. He will open for you ways where man has blocked you.”

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ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

Why Gikondi Ward residents must re-elect Wamuyu

By JOSEPH MUKUBWA She is known for her hard work, generosity and kindness as well as her being God fearing and concern for the needy.

Sixty-year-old Mary Wamuyu who is an elected councillor at Gikondi Ward in Mukurwe-ini District of Nyeri County is the only woman who was elected to the Nyeri County Council from a total of 38.

Wamuyu was elected for the first time in politics and has so far done a good job, that is according to friends and foes alike.

She serves a ward that has a population of over 11,000 people. Wamuyu appreciates that the people she represents have helped her come this far. She beat 15 men in the last General Elections and hopes to do better this time.

“With the many projects I have started in my ward in the past four years, I expect them to express their gratitude by voting me for another term come 2012. I hope to be elected as the County Assembly representative as per the new Constitution,” notes Wamuyu.

“Mwalimu Njuguna who was the host also visited us in Gikondi where he taught us more about livestock farming. This has greatly improved our dairy sector.”

“I have helped many orphans including the deaf some of whom have been admitted at Karatina Children’s Home and other special institutions like Thika School for The Blind after getting sponsors. Today, they are able to learn in a good environment,” she adds.

Wamuyu, one of the 38 elected councillors of Nyeri County Council also played a big role

Self reliance

Project

She is credited to have done a good job in her ward using the Local Authority Transfer Fund (Latf) and Local Authority Service Delivery Action Plan (LASDAP) without corruption or favouritism.

Some of the projects which she initiated include manual grading of the various rural access roads, construction of five foot bridges and promotion of agricultural and livestock farming.

“We have taken agricultural farming as business. Over 50 farmers from Gikondi toured Karura area in Kiambu County for an educational tour where they learnt more about zero grazing,” explains Wamuyu. She adds:

Mukurwe-ini East division which comprises of Thanu, Gathaitu and Gikondi locations.

The councillor played an important role in the establishment of Mukurwe-ini Technical Institute in her ward. The institute is being sponsored by African Development Bank at a cost of KSh2.6 billion. “Once it is complete, many youth will benefit with skills and knowledge which can help to establish their own income generating projects,” she says.

Wamuyu who hails from Thimu sub-location has also supported other youth projects mostly through soccer clubs and building shades of motorbikes. She bought football and volleyball balls for clubs.

She now hopes to start many other projects which will benefit the youth and women in the area.

“I hope to be elected as the County Assembly representative as per the new Constitution.”

— Mary Wamuyu, Councillor, Gikondi

“I am planning to start a women’s Sacco and Credit Society which will be like a merry go round. This will help women start rabbit projects, goat rearing and zero grazing income generating projects. I want women to have their own projects so that they are self reliant and self sustaining,” explains the councillor.

“I am also fighting for revival of Igoka Youth Polytechnic which collapsed many years ago so that young people can acquire skills and knowledge. One can be able to join Mukurweini Technical Institute from Igoka and pursue a course to university level. I want everybody to be educated in my ward,” she says.

“Women are tired of carrying water on their backs from rivers which include Ruarai, Mugono and other tributaries. We also want enough water for irrigation, dairy farming and domestic use,” reiterates Wamuyu.

She feels that she still has enough energy to continue for another term next year.

Bringing relevance to an almost extinct community

By MUKTAR ABDI A woman whose name is synonymous with the Yiaku minority community of Laikipia is now optimistic that she will represent her community in the National Assembly.

Jennifer Matunge, born 44 years ago at Kurikuri village in Laikipia North District has been at the forefront articulating the interests of her community.

Though she is known internationally for making presentations on her community whose language is almost extinct, Matunge’s campaign has not been felt locally in equal measure.

Yiaku people live in Mukogodo Forest where for a century now, they have been hunters and gatherers. However, they recently started engaging in livestock rearing thanks to influence of the Maasai culture.

The Yiaku lifestyle and small population has always worked to their disadvantage with regard to political representation. Thanks to the new Constitution, the future looks bright.

to plunge into the murky waters of politics. In 2007 she attempted to contest for Laikipia East as Member Parliament on an Orange Democratic Party (ODM) ticket.

However, she did not make it past the party nominations and maintains she was rigged out because “men could not withstand a woman ascending to leadership position”.

Though she did not win, Matunge is happy that she at least made a point. “I wanted to show fellow pastoralist women that they can have a voice and the support I got from the community showed that with little support, women can also

Rejected

Cultural values

According to Section 56 and 100 of the new Constitution the State shall put affirmative action programmes designed to ensure that minorities and marginalised groups develop their cultural values, languages and practices.

It is for this reason that Matunge is readying herself to represent her community in the National Assembly and hence try to salvage the language and culture from extinction.

This time, she will not seek to be elected but hopes to be nominated.

The former teacher says her main mission in Parliament will be to defend the cultural practices and language of the Yiaku.

“The passing of the new Constitution is a blessing to many of us especially women and minority tribes like mine since our voices will be heard,” says Matunge.

It is not the first time for the mother of three

lead,” says Matunge who is the Vice-President of Indigenous People of Africa Coordinating Committee (IPACC), an NGO based in South Africa.

Matunge says her entry into politics made other women like Loise Kimiri from DolDol town contest for councillor’s seat whereas previously no woman had dared seek a civic seat.

Kimiri lost the elections but she is still admired by many for her courage.

The founder of Yiaku People’s Association was born in 1967 to Mzee Kitarpei Matunge and Sarah Matunge. She got a chance to go to school because her father who is married to three wives was a chief. Matunge went to KuriKuri Nursery School and later enrolled into Dol Dol Primary School. She later joined Njojo Girls’ Secondary School in Nyahururu and after her Form Four enrolled in Igoji Teachers College.

“The passing of the new Constitution is a blessing to many of us especially women and minority tribes like mine since our voices will be heard.”

— Jennifer Matunge

“I was posted to Kimanjo Primary School after I graduated. I was the first female teacher in the school,” recalls Matunge. “It took time before the pupils could say good morning madam as they were used to male teachers.”

After teaching at Ilpolei she was later posted to Tharwa as a Teacher Advisory Centre Tutor (TACT) but she did not take long there. She was transferred to Nanyuki town as an Inspector of Education.

“After receiving a diploma in Early Child Development, I was called for a six month fellowship on Indigenous people in 2005 in Geneva Switzerland. When I came back I decided to reactivate Yiaku People’s Association. I then quit my job,” she notes.

For now Matunge is yet to decide which party she will ride on to Parliament. “It is early to say which party I will associate with but it is simple because I will just forward my name as a leader coming from a minority community and hope the party I will support will win so that I am nominated to the National Assembly,” she concludes.

Kenyans stress peace and are ready for election

By HENRY KAHARA The post election violence that followed the disputed 2007 polls are a lesson that many Kenyans will not forget.

As the country looks ahead to the next elections, many Kenyans are hopeful and ready for 2012. Huruma residents who are among those who were most affected by the violence say that they have made a decision to live together as one community despite their political and tribal differences.

John Kariuki a victim of the 2007 general election aftermath says despite the fact that he lost property worth thousands of shillings, he has decided to forgive and forget.

“I had a very big hotel here and above that I used to distribute milk in hotels located in this area but all my facilities were all burnt,” he recalls.

For Kariuki chaos is the last thing he would like to see in this country because they are not beneficial in any way.

Kariuki who today operates a small hotel in the area says that it has taken him time and a lot of sacrifice to recoup to what he has today.

“I have sacrificed a lot. I have pulled carts here since 2009, my wife has taken loan from Kenya Women Finance Trust for us to arise again,” he explains.

Although he is not sure whether other people’s motives are similar to his, he says the Government should implement Agenda Four fully because politicians are the major determinants of peace for this country.

Action needed

“To avoid a replica of the events of 2007, the Government should address poverty and inequality effectively for politicians not to use people in the slums to fight their battles,” says Kariuki.

He observes that it is not late for the Government to take action against key engineers of the post election violence both in the grassroots and at the Government level.

“If a disciplinary step can be taken for these people, I swear there will be no one to lead the fight come the next General Election,” Kariuki explains.

His sentiments are echoed by Brendah Ochieng who says that this time round there will be no tension but maintains she is not 100 percent sure that there will be peace.

Ochieng says she will not like to take a risk and for that reason she will go to the village with her children where she is planning to register as a voter.

“For now we are living very well but I am not sure what will happen,” observes Ochieng, adding, “people have learnt a lot but they may forget where they have come from”.

Ochieng praises civil society initiatives that have been preaching peace in slums that has brought together different tribes.

“There are some NGOs which have been preaching about peace and they have brought people together by introducing something like ghetto sports,” she says.

Ochieng observes that the Government is supposed to start programmes which will keep youth busy so that politicians do not use them wrongly during the election period.

Agenda Four on the Kenya National Dialogue and Reconciliation process acknowledges the urgency and importance of addressing youth unemployment. This is because it threatens social and political stability.

Youth unemployment was identified as one of the key factors behind the post-election violence. As such, prioritising youth unemployment is critical to consolidating national stability and generational posterity.

ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

23

Community takes charge of environmental resources

By EKUWAM ADOU To majority of Kenyans, the passage and eventual promulgation of the new Constitution was an abstract and elitist detached affair that has no immediate bearing to their lives, but not for the youth from Isiolo West location in Isiolo County.

The new charter heralded a new dawn to the residents by opening a window of opportunity in their quest to control and sustainably manage natural resources for their benefit.

Thanks to sustained advocacy by civil society organisations and civil liberties granted by provisions of the expanded Bill of Rights, area residents are now in the driving seat of natural resource exploitation in their area.

The area which is endowed with many natural resources including sand in the seasonal river beds, hardcore stones and dry firewood are now fully under control of the local community.

Sand harvesting which was before in the hands of commercial harvesters and transporters has now reverted back to the rightful owners — the community of Isiolo west.

The new constitutional dispensation, backed by enabling legislation including the Environmental Management and Coordinator Act (EMCA) Act, and sand harvesting guidelines has provided the community the necessary legal framework to exploit natural resources.

Empowerment

Socio-economic impact of this new found empowerment has profound effects on livelihoods of the local community. Thousands of youth, single mothers and other marginalised groups in the society are now eking a living through sand harvesting trade.

Francis Lobuin a 22-year-old casual labourer is a relatively happy man as he is able to put food on the table for his family.

Lobuin who works as a sand loader along Isiolo River says life has changed for the better.

“I am taking home an average of KSh1,000 daily if I am lucky to load two big trucks at KSh500 each. The money has enabled me to open a small retail shop for my wife,” confesses Lobuin.

“I am happy that provisions within the new Constitution have empowered the community to take over management and control of their resources, unlike before we never benefited from the proceeds of sand harvesting. The transporters used to ferry other people to come and load lorries while we were ignored, Asante sana Katiba,” said Lobuin.

Before he was incorporated in sand harvesting work, Lobuin was a desperate vanquished young man, living in destitution, eking a living through charcoal burning.

The spiral effect due to increased flow of money at sand harvesting sites has led to mushrooming of food kiosks to feed the army of sand loaders with daily hard cash to spend.

Men who work as loaders wait at the Livestock Marketing Division Bridge where they are picked and dropped by transporters in the sand business. Picture: Ekuwam Adou Silvana Ejore, a single mother of one, is operating an open-air food kiosk where she sells food to sand loaders who daily congregate at Livestock Marketing Division (LMD) Bridge, where they are picked and dropped by transporters.

Ejore says business is good as customers continue to swell due to steady flow of daily income. “I am happy that the business is growing and I am able to take care of my family. I make a profit of an average of KSh1,500 after deducting my expenses which is very good,” Ejore discloses.

She was struggling and made a living through charcoal burning before she ventured into the business after the community took control of sand harvesting.

Jackson Lokadelio, chairman of Morileum Environmental Conservation, who coordinates over 300 loaders at the LMD site, says the money charged per truck varies according to its carrying capacity.

For an average 13 tonne truck about KSh3,500 is charged for county council cess out of which KSh500 goes to community projects account and KSh2,500 is shared among five loaders.

For bigger trucks between 15 and 17 tonnes to a trailer, the amount charged for loading progressively increases ranging from KSh4,500 to KSh7,000 which is also shared among loaders.

It has not been an easy journey though for Isiolo West community in their quest to wrestle control and management of sand harvesting from a cartel of commercial sand harvesters.

Many hurdles muddled in bureaucratic-red tape had been erected before the necessary legal

framework was put in place thus unlocking the gridlock.

According to Alfred Tinan, coordinator Isiolo West Forum for Environmental Conservation (IFEC), a community based organisation that has been the brainchild behind the community taking over sand harvesting activities, it has not been easy.

“We faced hostility from powerful entrenched forces driven by the greed of a cartel of commercial sand harvesters who had for long taken advantage of the community’s ignorance,” recalls Tinan.

In 2004, the local community formed IFEC with the aim of agitating for sustainable management and control of natural resources.

“Back then we realised that commercial sand harvesters were not only locking out the community from partaking in their share of resource exploitation, but did not take any sustainable environmental conservation measures seriously,” laments Tinan.

Umbrella forum

IFEC which was registered under local social services offices, operates as Riparian Resource Management Association which is recognised under Article Five of National Sand Harvesting Guidelines 2007.

The organisation is an umbrella forum for all grassroots networks’ groups operating along the river beds where sand is harvested.

Tinan says a glimmer of hope started earliest in 1999 through enactment of Environmental Management Authority Coordination Act, which brought into being NEMA which was bestowed with all institutional powers to enforce environmental related issues.

The next few years were used to build necessary institutional structures for NEMA in the process slowing IFECs quest to be granted authority to manage sand harvesting resource in Isiolo West.

However, the process was fast-tracked after the promulgation of the new Constitution, and with the support of enabling legislation especially Sand Harvesting Guidelines 2007. The community had the last laugh when district environmental committee chaired by the district commissioner Mr James Mwaura approved their request.

District Environment Officer Abdikadir Hassan has been at the forefront in legalising the process by approving a bid by the community to control and sustainably manage sand harvesting.

“I am happy that the process has been successful and the community is in direct control of their resources, with over 1,000 local youth gainfully engaged as sand loaders earning a living,” quips Hassan.

He said the targeted community who were mainly eking a living from charcoal burning now have alternative means of livelihood.

“The environmental degradation due to wanton destruction of trees for charcoal will considerably decrease and positive environmental conservation will be realised,” he remarks.

It is a win-win situation; the environment is conserved while the community benefits from natural resources in their locality.

“Incessant cattle rustling and general insecurity that has plagued the region in the past, will be forgotten as idle youth who were used to foment trouble are now busy and gainfully engaged,” observes the Nema boss.

Unfulfilled conditions mar high expectations

By HENRY OWINO When Emma Akinyi voted on August 4, 2010, in support of the new Constitution, her expectations were high that the Government would provide free health services, security and ensure everybody has enough food or can afford to buy basic commodities at subsidised prices. She also knew that job opportunities would be availed.

Today, Akinyi from Nairobi is unable to differentiate between the old and current Constitution since life is the same. She regrets that if she knew life would be this expensive, she would have opted for the old Constitution.

“I voted for the so called new Constitution with high hopes and

expectations but today life is even more expensive than it used to be before. Imagine a packet of tow kilogrammes of maize flour going for KSh150, paraffin at KSh85 a litre, KSh120 for a kilo of sugar, not to mention cooking fat. There’s nothing good I have experienced in this Constitution, all is bad,” she laments.

Akinyi is not alone. Expectation among Kenyans was very high, exactly one a year ago when the Constitution was promulgated.

Many had hopes that employment opportunities, good governance and steady economy among other privileges would come to them once the new law started working.

Today most of these expectations

have either been shattered or remain unfulfilled.

Cromwell Matata a small scale trader who lives in Soweto, in the sprawling Kibera slum says since the Constitution was promulgated one year ago, he can feel a few changes have taken place. For instance, big names in the political arena being mentioned and quizzed for hours in connection with corruption is something that had never happened in Kenya.

He notes that today the President cannot just wake up and appoint public officers. “Hiring and firing of public officers is no longer arbitrary and has been replaced by consultations, rigorous vetting and parliamentary approval,” says Matata.

He says there are also issues of regional balance that now determine government appointments.

“There is regional balance of different communities,” says Matata adding that “there are national schools spread in different parts of the country”.

“Nowadays in public offices, one can be served with respect and dignity not like in the past when officials ignores your presence or would just take you round until you got tired and give up,” he notes. Matata observes: “This Constitution truly has come with many changes and I am proud of it. Much as not all my expectations are fulfilled but there is some relief.”

Matata says he read the Constitution but wonders about those who

voted blindly? He said the government should plan early civic voter education since the pre-referendum period was characterised by campaigns either for or against the Constitution.

An unemployed youth, Anthony Omtiti, 20, admits that most of his peers are not familiar with the contents of the Constitution because they voted as directed by politicians.

“The youth were promised jobs which have not been realised yet it is now one year since promulgation of the new Constitution<” observes Omtiti.

Serious civic education is required now and not later when elections are around the corner thus not benefitting voters.

24

ISSUE 046, Aug 26 - Sept 15, 2011

Unfiltered, uninhibited…just the gruesome truth

Youth seek to turn tables on leadership process

By Ruth Omukhango The youth are a constituency that has been marginalised in the political and decision making positions over the years. Although considered the pillars of society as well as hope and continuation of cultural values to the next generation, they have lived under the false notion that they are the leaders of tomorrow.

However, through the new Constitution, the youth will no longer be hidden under the old adage but will instead be part of the political and decision making processes as stipulated in the various articles in the new Constitution.

With this, there is bound to be a revolution on the way the youth are treated, as leaders will no longer use them as gangs to fight their political rivals but will instead treat them as contemporaries on a level playing ground.

For instance, in Article 97 (1) (b) it states: The national assembly shall consist of 12 members nominated by parliamentary political parties according to their proportion of members of the National Assembly in accordance with Article 90, to represent special interests including the youth, persons with disabilities and workers.”

In Article 98 (1) (c) states: “The Senate shall consist of two members, being one man and one woman, representing the youth.”

The youth who constitute those aged between 18 and 35 years and represent 75 per cent of the population are now positioning themselves strategically to reclaim their space through formation of strategic alliances and concerted efforts that constitute various groups in order to build synergy and greater impact through their representation in the socio and political arena.

One such group is the Lang’ata Youth Network (LYN), an open voluntary communitybased youth organisation that brings together 35 youth leaders from ten community based organisation (CBOs) in the greater Lang’ata District which encompasses Lang’ata and Dagoretti Constituencies.

Popularly known as “a well of great minds and talents”, the members of LYN came together after the promulgation of the Constitution to strategically use the gains that the youth have in the new Constitution to build synergy among the young people and sensitise them on their rights to initiate, implement, promote and enhance their development in Kibera.

One of the network’s objectives is to break the donor dependency syndrome in the slum by instilling and promoting the spirit of hard work, honesty, integrity and values that guarantee both individual and national socio economic and political health.

Visionary leaders

They are determined to wield power by showing that they can make it as youth through encouraging young people to join political parties and vie for elective positions at all levels. The youth are garnering support for the members with visionary leadership skills to vie for key position in the coming 2012 general elections.

The members of the network are also representative of various youth groups and graduates of various tertiary institutions which include colleges and universities. They have the passion and diligence that is sealed under the vision of seeing a society that is free for equal

Members of the Lang’ata Youth Network at a meeting. The youth are creating awareness on the new Constitution.

Picture: George Ngesa opportunities for all and development for all the youth.

“We have the Constitution now, our work is operationalise it and through this. We wish to see a society that does not depend on the Government to provide everything for them and blame it when things do not happen,” says Daniel Orogo, the Network’s chairperson.

He says that even though most of their membership is open to youth with tertiary education, the group runs mentorship programmes for young people in secondary schools as well as education forums in some schools.

Meetings

Due to the members’ busy schedule, most of the LYN meetings are conducted on Saturday afternoons from 2pm in their offices based at the St Cecilia Academy within Kianda Village in Kibera slums.

The membership fee is KSh250 which is paid once and an additional KSh100 which is paid per month. A fine of KSh50 is charged on those members that either do not attend meetings or come to forums late.

Accordingly, the funds facilitate some of the group’s activities as well as settle bills such as the subsidised rent that they pay to the school.

The Network’s activities are anchored on the key chapters in the Constitution which include the Bill of Rights and leadership and integrity.

According the team, the Constitution gives them the right to claim what belongs to them as citizens but they also realise they have to take responsibility which begins with them.

According to Winny Obure, a member of the Network and founder of Sebuleni Group in Kibera, leadership and integrity starts with

the members. The Network is determined to set leadership standards that is bound to bear fruit by building and opening for a new generation of youth that will take responsibility for their actions.

The Network has emulated the guiding principle of leadership and integrity as stipulated in the Constitution and includes the selection basis of personal integrity, competence and suitability or election in free and fair elections.

Recognising the gains for women in the Constitution especially on Affirmative Action, the Network is holding special forums for women to sensitise them not to settle on the one-third but to go for the competitive seats in order to increase their representation.

“We are challenging the propaganda that women should settle for only the one-third because we want to see more women represented in all spheres of decision makings in order to make an impact,” observes Obure.

According to Article 55 of the Bill of Rights, the State shall take measures, including affirmative action programmes to ensure that the youth have access to relevant education and training; have opportunities to associate, be represented and participate in political, social economic and other spheres of life; access employment; and are protected from harmful cultural practices and exploitation.”

The Network’s activities include sensitisation forums for the young people on their rights in the Constitution, economic empowerment of the youth to get loans through a partnership with the Equity Bank.

Since its inception, members can attest to the fact that one year down the line their efforts have borne fruit giving them hope for the future.

“We run three programmes every week on Pamoja FM to sensitise the youth on various topical issues with a special emphasis on integrity and taking up leadership at all levels.”

— Daniel Orogo

LYN has partnered with reputable organisations within and outside Lang’ata Constituency such as Kituo Cha Sheria, Youth Platform for Change, Youth for Kenya, Project Amani, CREAW and Inuka Trust. The team has facilitated forums that sensitise the community on their social economic rights as stipulated in the Constitution. Some of these include access to social services which include health, education, rights of women to property ownership and inheritance as well as social security for the elderly in the community.

Because of partnerships such as those with Inuka Trust, the Network has been able to collaborate with Bomu Clinic in Changamwe to establish a medical facility in Soweto, one of the villages in Kibera, which will hopefully be operational next year.

Media

For LYN, partnership with the media is key.

The Network has also used local radio stations which include Pamoja FM to effectively air programmes that sensitise the young people on their responsibilities and rights in the society.

“We run three programmes every week on Pamoja FM to sensitise the youth on various topical issues with a special emphasis on integrity and taking up leadership at all levels,” reiterates Orogo.

The Network has also engaged in peace building activities with a special emphasis to the youth to observe peace because without calm, there is no leadership.

They use every opportunity such as cleaning and sports functions to sensitise the youth on issues of integrity and responsibility.

For LYN, their special message is for the young people to change their mentality of hopelessness and use their energy and productivity towards building opportunities unlike previously when they were used as political pawns during elections to unleash violence against fellow youth and other Kenyans due to small political considerations.

One year after its inception, the Network has seen several youth in Kibera express the desire that they will aspire for various positions of decision-making in the 2012 General Elections.

Executive Director: Rosemary Okello

Editor: Jane Godia

Write to:

info@mediadiversityafrica.org

Sub-Editors: Florence Sipalla, Omwa Ombara and Mercy Mumo Designer: Noel Lumbama

www.mediadiversityafrica.org

Contributors: Odhiambo Orlale, Faith Kasiva, Atsango Chesoni, Joyce Chimbi, Faith Muiruri, Duncan Mboyah, Jill Cottrell Ghai, Ben Oroko, George Omonso, Frank Ouma, Kabia Matega, Bendaro Tsuma, Henry Owino, Mwangi Ndirangu, Kariuki Mwangi, Abisai Amugune, Patrick Onyango, Adow Ina Kalil, Hussein Haroun, John Syengo, Ken Ndambu, Omondi Gwengi, Michael Oongo, Wilson Rotich, Fibi David, Siaanoi Marima, Hussein Dido, Ruth Omukhango, Emeldah Rutendo, Joseph Mukubwa, Asha Muktar, Henry Kahara and Ekuwam Adou.

The paper is produced with funds from