Reject Online Issue 101

s G D

M T A G

N I K LOO

September 1- 30, 2014

ISSUE 101

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

Kenya registers slight progress on MDGs Meeting certain targets has been slow, but education applauded

By Charlotte Kay Critics of the United Nations Millennium Development Goals say not much progress has been achieved as its deadline approaches next year.

They accuse the United Nations of having imposed the Millennium Development Goals on developing countries 15 years ago and had failed to consider some of the most critical issues that face such states.

This is coming just a few days to the United Nations General assembly whose key topic of discussion this year will be the post-2015 development agenda.

The Post-2015 Development Agenda is that which looks at what will happen beyond the period that was set for the Millennium Development Goals that were raised in 2000 and given a 15 year time frame.

The Post-2015 Development Agenda refers to a process led by the United Nations that aims to help define the future global development framework that will succeed the Millennium Development Goals.

Progress

The Post-2015 Development Agenda is important because delivering a better future for all requires action by all — Governments, corporations, citizens, consumers, workers, investors and educators. Undoubtedly, the private sector has a central role to play. As the world’s main source of economic activity, business is at the heart of virtually any widespread improvements in living standards.

Indeed, although Kenya’s progress towards the achievement of the Millennium Devel-

opment Goals remains on track, progress on some of targets has been slow.

In shaping the future global development framework, consultations are being held to address emerging issues.

To tackle developmental matters beyond 2015, discussion forums have been held globally and at the national level.

Such forums are discussing the post-2015 Development Agenda trying to address the gaps that the Millennium Development Goals left out.

Locally, members of the civil society organisations have been holding consultative forums in Nairobi where they discussed the way forward.

Streamline

In the discussions some of the issues raised included citizen participation, accountability, ownership and creation of partnerships for the Post-2015 Development Agenda.

The Country Director for the World Wide Fund for Nature, Dr Jared Bosire noted that there was need to streamline the Post-2015 Development Agenda goals with the national needs by promoting partnerships with various groups in the country.

“For there to be a sense of ownership of the Post-2015 Development Agenda, there is need to include environmental issues so as to make meaningful gains,” said Bosire.

The Millennium Development Goals have been criticised for lacking a performance measure indicator because of lack of statistics to ascertain its successes and/or failures.

According to James Gatanga, an official with the Kenya National Bureau of Statistics

A child is immunised in a public. The Kenyan Government is struggling to meet targets of reducing child mortality within MDGs: Photo AWC. (KNBS): “Some of the targets the Millennium Development Goals set to attain have been unattainable. These include reduction of carbon emissions; as such data are not available in Kenya and other African countries.”

However, Shelia Najisia of the Ministry of Devolution and Planning observes that Kenya has been able to make remarkable strides in achieving the second MDG, which is to ensure Universal Primary education by 2015.

According to an ICT survey, there has been a steady increase in primary schools enrolment rate from 67.8 per cent in 2000 to 95.3 per cent in the year 2012. This has been attributed to free primary school education that was introduced by retired President Kibaki.

Intervene

There has also been an increase in the number of primary to secondary school transition rate from 66.9 per cent in 2009 to 73.3 per cent in 2011.

The survey further indicates that literacy levels among those aged between 15-24 years has increased from 80.3 per cent in 2000 to 94.4 per cent in 2010.

With the various ongoing interventions in education sector such as economic stimulus programme and the Constituency Development Fund being channelled to the construction of new infrastructure in schools and rehabilitation of the existing ones, there are also plans to have free secondary school education to ensure the realisation of this particular Millennium Development Goal.

In the Information and Communication Technology arena, the country has made great leaps with the number of mobile phone users rising by approximately 6,000 per cent from 180,000 in 2000 to 29.7 million in 2012. This could be attributed to the introduction of mobile money transfers such as the Mpesa and the lowering of the calling rates by the major players in the sector.

“This can also attributed to laying of the fibre optic cabling which resulted into better connectivity as well as the reduced cost of connectivity,” explains Najisia.

Empower

There have also been great improvements in trying to promote gender equality and empowerment among women,

as women have been given leadership responsibilities with an increase in women representation in public institutions from 32.4 per cent in 2008 to 38 per cent in 2012.

The implementation of the new Constitution has led to an increase in women representation in both the National Assembly and Senate by 20.8 per cent in 2013, and 33.3 per cent and 26.9 per cent of positions as Cabinet Secretaries and Principal Secretaries respectively.

Programmes such as the Uwezo Fund and the Women Enterprise Development Fund have also been lauded as working towards ensuring women empowerment.

However, there are still concerns on issues such as women empowerment, especially among women in marginalised areas as poverty levels among them is still high.

There is also an urgent need to include persons with disabilities and their issues in the Post-2015 Development Agenda.

Women’s inclusion in decision making processes must be taken on board the agenda in order to have their issues integrated in development.

Extra Information by Jane Godia

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ISSUE 101, September 1-30, 2014

Unfiltered, uninhibited…just the gruesome truth

Boost for Siaya children as fund is launched

By OMONDI GWENGI What happens in childhood may set the stage for everything that follows: whether or not a child is physically, emotionally, socially, cognitively healthy throughout childhood and adulthood.

Research indicates that early childhood development is a critical stage in human development and that investments in early childhood can pay very large dividends over the lifespan.

It is for this reason that Child Fund in partnership with other stakeholders have embarked on a one year project dubbed ‘Integrated Early Childhood Development for Infants and Young Children’.

According to Daniel Rabok, Child Fund programme officer, the project to be implemented in three counties will focus on three components of a child’s development.

“Our project is going to be implemented in Siaya, Homa Bay and Kisumu counties with a focus on early childhood development education, civil registration and healthy living for the children,” said Rabok.

Child Fund decided to implement the project in areas where children were vulnerable to issues revolving around HIV and Aids in order to ensure that the health as well as development

of a child is appropriate at both household and school level.

Speaking during the launch of a KSh.3.5 million Early Childhood Development Education centre at Nyayo Primary School in West Yimbo, Siaya County, Rabok urged area residents to support the initiative for the future of their children.

Standard

According to UNICEF Education Specialist, Oscar Kadenge, they are looking at the holistic development of the child and assured stakeholders that they will continue working together with communities to promote education standards and life of children.

In reiterating these sentiments, Mercy Otieno of African Network for the Prevention and Protection of Child Abuse and Neglect’s (ANPPCAN) called on parents to take their children to school at an early age.

“We have been experiencing cases of indiscipline in some of our schools because some parents wait until their children are past the stage of being taken early childhood education,” said Otieno.

On her part Christine Oyuu, Siaya County Executive for Education, Gender, Youths and Sports regretted that 50 years after independence, some parents are still being reminded to

Youth enjoying a retreat during school holidays where they played games and were taught life skills. Photo Odhiambo Orlale. take their children to school.

Oyuu called on the community to support development partners.

The event was attended by Siaya County Director of Children Affairs, Humphrey Wandeo, Bondo Sub-County Education Officer Mary

Oichoe, and Member of Siaya County Assembly for West Yimbo, Willys Okoth among other local partners who noted that there are a lot of negative influences along the beaches. They called on communities to protect children from all forms of exploitation.

Strategic plans set for Meru children plead with girls living with disability Queen Elizabeth over ban

By JESSE SIKALI There is hope for girls living with disability in South Nyanza after a non-governmental organisation came to their rescue.

Leonard Cheshire Disability has taken as its major project to champion for the rights of girls living with disability and mobilise their parents to ensure that they access education in their respective villages.

Pilot

Led by Orpa Ogot, a project manager with the organisation, Leonard Cheshire has set up a pilot project in Karachuonyo, in Homa Bay County to help remove barriers that hinder education for disabled girls who face a myriad of challenges in their quest for basic and higher education.

“The organisation has set up a pilot project to help foster education for the disabled girls who are facing rejection and

many challenges including rejection by the society they live in,” Ogot explained.

The organisation has come up to help girls living with disablity get quality education in five counties namely Migori, Homa Bay, Siaya, Kisii and Kisumu.

“Our organisation will work towards ensuring that school fees for disabled girls is paid and other basic needs like clothing, food, wheelchairs and crutches are given to them in order to boost their morale and also help them access education,” said Ogot.

Neglect

According to Leonard Cheshire, Kuria region has a bigger number of girls living with disability who are neglected by relatives and the society at large.

According to Fredrick Waisiku, a participant at the Forum, some of these girls are

locked up indoors by family members due to stigma.

Leonard Cheshire plans to provide a decent livelihood and enable about 2,300 girls living with disabilities in 50 primary schools in the lake region receive quality inclusive primary education.

The project’s main objective is to train education officials, relevant policy makers and media to uphold the rights of the disabled girls. It will also train 100 representatives of other local organisations. They also plan to improve accessibility to 50 primary schools in the region.

Leonard Cheshire is targeting 1,000 parents to meet the needs of disabled daughters and advocate for their rights.

“The organisation will also build capacity of community resource workers to support disabled girls access primary education,” observed Ogot.

By TITUS MURITHI

Students from St. Lucia primary school in Igembe South in Meru County are worried that they may not complete their education if their parents’ only source of livelihood is taken away.

The children are now appealing to Queen Elizabeth of England to intervene and have her Government rescind the ban to import miraa (khat) into her country.

The same children also through their poem, requested President Uhuru Kenyatta to intervene as Head of State to make sure miraa is not banned in the United Kingdom.

Through the poems recited in English and Kiswahili the pupils said miraa is the lifeline of their community and everything which is accorded to them by their parents like school fees, food,

clothing and health care among other things are courtesy of miraa.

Poem

“Miraa is our cash crop as it is the provider of everything in our region. Without miraa there is no education, no food, no health and no school fees for us. We are pleading with your Majesty Queen Elizabeth of England to have mercy on us,’ the pupils recited.

They noted: “Without miraa we shall remain poor children without education and health care among other things. Our majesty Queen Elizabeth of England, have mercy on us. Our Excellency President Uhuru Kenyatta we plead with you to have mercy on us. Without miraa there is no food, no shelter and no health.”

The children recited the poem at a miraa farmers’ meeting held at Maili-Tatu

grounds in Igembe Central recently. The farmers were led by led by Dave Ntawa Muthuri, chairman Kenya Miraa Farmers and Traders Association (KEMIFATA) and Mike Mutembei Makalena a prominent business man who was the guest of honour.

Plea

Miraa farmers also requested Queen Elizabeth to prevail upon her government to reverse the decision of banning the green crop in her country.

They noted that the Queen has a very cordial relationship with Kenya remembering that she became Queen while in Kenya and not far away from where miraa is grown.

The farmers organised the meeting to determine the way forward after the miraa case which had been filed in London by Meru politicians was defeated.

Disabled persons suffering discrimination from public transport

By OMONDI GWENGI Persons living with disability in Siaya County have called on the government to review its order of the ban of rack tops on passenger service vehicles to ease transport for those with wheelchairs.

Led by Joseph Kwanya Adongo, Chairman Siaya County Network for Persons with Disability, they lamented that the directive to remove rack tops on all public service vehicles has

greatly affected them since movement for those with wheelchairs has been very difficult.

“The Government through the National Transport and Safety Authority should review the order to allow passenger vehicles provide the facility for such people where they can put their wheelchairs when they want to travel form one point to another,” explained Adongo.

He noted that due to the ban, persons living with disability are now

confined within their localities because they cannot move from one point to another and are at times forced to hire private means of transport which is quite expensive.

Mandatory

Adongo also asked the Government to consider making it mandatory for those operating passenger ferries and motor boats on the Kenyan water bodies that any person with disability must be provided with life-

saving jackets before travelling over the water.

“This will assist in averting loss of lives in case of any lake tragedy where persons with disability are the ones who are likely to suffer most,” Adongo noted.

According to Margaret Oketch, representing persons living with disability in the Siaya County Assembly persons with disability are being used to traffic drugs in the area.

“It has also come to my attention

that some people in this area are using persons with disability to commit numerous crimes,” said Oketch who has instructed Usenge Officer Commanding Station to investigate a case that alleges a disabled person has been selling drugs in the town.

However, the police boss has not conducted any investigation into the matter with some residents’ alleging that they usually collect money from the said disabled and other drug peddlers to protect them.

ISSUE 101, September 1-30, 2014

LOOKING AT MDGs

Unfiltered, uninhibited…just the gruesome truth

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Notice over discriminating persons with HIV and Aids

By HENRY OWINO Employers and institutions discriminating against persons living with HIV and Aids in their organisations are hereby cautioned to desist forthwith.

The HIV and Aids Tribunal Strategic Plan 2013-2017 has vowed to take legal and disciplinary action against such organisations and their heads.

The Tribunal has embarked on laws with legal justice to protect persons living with HIV and Aids against discrimination or stigmatisation in any organisation, workplace, community or colleagues.

Most individuals living with HIV suffer silently due to ignorance of not knowing their rights despite being stipulated in the current Constitution.

Managers of various organisations have always ridden on this ignorance to discriminate against their employees who are living with HIV and Aids.

To curb this common menace among employers and institutions that practice the vice, National Aids Control Council (NACC) in collaboration with United Nations Development Programme have launched HIV and Aids Tribunal Strategic Plan 2013-2017 that would enforce laws to see the end of stigmatization and discrimination to employees.

The Tribunal offers free services to its clients which include; listening to cases, referring legal ones to courts of law for fair judgment and hiring lawyers. This is now a relief to many persons living with HIV and Aids who have been or are being stigmatized or discriminated upon by colleagues and bosses in organizations.

Jotham Arwa, chairman of HIV and Aids Tribunal (HAT) said stigma and discrimination are the major violations that prevent people from voluntary counselling testing (VCT) of HIV. As a result, many people infect others or get re-infected hence spreading the disease.

Denied Opportunities

Arwa revealed that it is for this reason that the Tribunal was compelled to come up with a programme to protect the rights of people living with HIV and Aids. He regretted that several employees are denied opportunities simply because of their HIV status.

“Employers must now know that all forms of frustrations, stigma, discrimination and sacking employees who are living with HIV has consequences,” Arwa cautioned. He reiterated: “It is the right of every person not to be discriminated against on any basis regardless of their background.”

Arwa urged members of the public to report cases of discrimination based on one’s actual or perceived HIV status since the Tribunal is open five days a week to receive such complaints.

He said there are legal redress mechanisms for the cases: Determination of the case’s viability, communicating the results of the viability assessment and scheduling of hearing.

The process takes two weeks.

Arwa affirmed that the Tribunal has HIV and Aids lawyers who offer their services to its clients free of charge. However, he noted that cases that do not meet the legal threshold set for complaints may be referred to other relevant institutions.

One Dorcas Sangili suffered discrimination from her previous workplace. She reported the matter to legal authorities that assisted her until the

case was heard and she won it.

Sangili was compensated for all mistreatment by the company. However, she left the organisation for another that was more welcoming and considerate.

Some of the most discrimination cases are forced early retirement, demotion, isolation and quarantine, restriction on country entry or exit, denial of employment, exclusion from credit, denial of treatment after accidents, medical and life insurance and finally sacking from workplace or learning institutions.

To certain quarters even in elective positions, one is required to undergo mandatory testing against their wish.

Speaking at the launch, James Macharia, Cabinet Secretary for Health said HIV and Aids Tribunal Strategic Plan 2013-2017 will ensure access to justice by the millions of people living with HIV and AIDS in the country.

Macharia noted that the plight and welfare of vulnerable members of the society, especially persons living with HIV should be prioritised by all. He regretted that since the first case of HIV was identified in Kenya 1984, the management of HIV and Aids in the country still poses a major challenge.

Macharia said recent statistics on the status of the pandemic in the country confirms that 1.6 million people are currently living with HIV and Aids. While new infections indicate 101,560 people are infected annually.

“Employers must now know that all forms of frustrations, stigma, discrimination and sacking employees who are living with HIV has consequences,”

Health Cabinet Secretary, James Macharia, hands over a copy of the report to HAT members. (Above) Health Cabinet Secretary and UNDP Country Representative, Maria-Threase Keating, at the launch of HIV and Aids Tribunal, at a Nairobi hotel. Photo Henry Owino Disturbed by the high figures, Macharia said human rights of the infected persons must be guaranteed irrespective of their gender. He assured Kenyans of Government of Kenya commitment to universal justice to all citizens hence formation of HIV and Aids Tribunal.

“As you may be well aware that the HIV and Aids Tribunal plays a critical role of addressing stigma and discrimination of persons living with HIV and Aids in the country, the government will give it all necessary support to succeed,” Macharia assured. He added: “My Ministry is fully committed to support the activities of the Tribunal to en-

able it operate effectively and efficiently so as to execute its mandate.”

The Ministry has also empowered the Tribunal to set up an independent secretariat with all the required staff to get direct funding from the National Treasury.

According to Maria-Threase Keating, UNDP Country Director, there is need to create awareness about the Tribunal and educate the public of their rights. She said though there are reduction in new infections, “people need to be educated that the virus is still here with us”.

Keating called for an increase in care, support, control, prevention and

treatment of persons living with HIV and Aids despite provision of human resource capacity. She said criminalization of special groups must stop if the Government of Kenya wants a reduction of new cases of HIV infections and spread.

“This launch of HIV and Aids Tribunal is a culmination of many agenda being propelled in the fight against all vices surrounding HIV and Aids. It, therefore, sends signal to employers, communities and groups that it is now illegal to discriminate against persons living with HIV,” Keating stated.

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Unfiltered, uninhibited…just the gruesome truth

LOOKING AT MDGs

ISSUE 101, September 1-30, 2014

Governments ready to set Post-2015 Development Agenda

By Duncan Mboyah A new universal Sustainable Development Agenda will be launched next year after the expiry of the Millennium Development Goals (MDGs).

According to Ban Ki Moon, United Nations Secretary General, member-states will append their signatures to the new mandate that will help solve problems that bedevil communities globally.

“Air, water and soil are under pressure of human activities and this is to be the main mandate of the newly formed United Nations Environmental Assembly (UNEA),” Moon said in Nairobi recently.

He noted that the Post2015 Development Agenda will build on the progress achieved through the eight United Nations Millennium Development Goals that were established in 2000.

“The Post-2015 agenda will need a new innovative and transformative means of implementation, including new partnerships that can work in an integrated manner, technology transfer, capacity building, information access, and monitoring and reporting for accountability,” Moon explained.

At the same time, Moon called on governments to help combat climate change by adopting workable measures that have been developed by scientists and other experts to avoid implications on agricul-

ture, environment and ecosystem in general.

“Governments must match funds to meeting the unfinished development plans that were set under the Millennium Development Goals,” said President Uhuru Kenyatta.

He commended the delegates for developing a road map towards the management of illegal trade on wildlife products.

Threat

“The trade is threatening Kenya’s heritage and security.

Any assistance towards this effort is welcomed,’’ the President said.

The first President of United Nations Environment Assembly Oyun Sanjaasuren, who is also the Mongolian Minister of Environment and Green Development called on governments to promote sustainable consumption and production of resources.

“The solution to environmental conservation and food production lies within our reach,” Sanjaasuren said.

She called on other environment ministers to create awareness on matters of environment to enable citizen’s make positive contributions.

At Rio+20, held in Brazil on June 20-22, 2012 world leaders adopted the Ten-Year Framework of Programmes on Sustainable Consumption and Production Patterns (SCP).

They also recognised that

UN headquarters in New York, United States, where the UN General Assembly held 12 meeting in September to discuss Post 2015 UN MDGs. sustainable consumption and production were a universal concern, and that developed countries should provide leadership in promoting the shift to SCP patterns.

Instead of addressing the dimensions of sustainable development separately the sustainable development goals are expected to adopt an approach that fully integrates the social,

economic and environmental dimensions of sustainable development.

The Inter-governmental Committee of Experts on Sustainable Development Finance

is expected to submit its report

by September, after which the General Assembly 69 will start deliberations on finalising the Post-2015 Agenda.

Africa remains off track on MDG Five

By Carolyne Oyugi

In 2000, the United Nations General Assembly (UNGASS), adopted the Millennium Declaration — a bold statement in which all the world’s governments committed themselves to create a more equal and just world.

The declaration was translated into Millennium Development Goals (MDGs) as a way to practically implement the declaration and measure progress.

As the world counts down towards the 2015 target date for achieving the Millennium Development Goals, the latest review points to significant and substantial progress on some targets while collective action is needed on the goals and targets that are off track.

Targets

The International Planned Parenthood Federation (IPPF) Africa Region Regional Council meeting in Nairobi to assess the state of the African governments and these are some of their findings.

According to the 2013 Millennium Development Goals Progress report, globally, the maternal mortality ratio declined by 47 percent over the past two decades, from 400 maternal deaths per 100,000 live births in 1990 to 210 in 2010.

In Africa, there has been remarkable progress in achieving Millennium Development Goals Five in

the last decade or so considering the situation in 1990.

Collectively African countries reduced maternal ratio from 745 deaths (1990), to 429 deaths in every 100,000 live births. This represents a 42 per cent collective reduction.

Equatorial Guinea, Eritrea and Egypt are some of the countries on track to meet this goal.

Ghana, for instance, has reduced its Maternal Mortality Rate from 740 to 451 deaths in every 100,000 live births, between 1990 and 2008.

Seven countries attained a 90 per cent rate of pregnant women attended to by skilled personnel. Algeria, Botswana, Egypt, Kenya, Malawi, Mauritius, Morocco, Namibia, South Africa, Swaziland, Tunisia and Zimbabwe are some of the countries that recorded the highest Contraceptive Prevalence Rates (CPR) rates of over 30 percent in 2010.

By 2013, at least 77 per cent of pregnant women in all of African had at least one antenatal visit while 47 per cent of women, across the region also got the recommended four visits.

When considering progress made towards achieving of Millennium Development Goals, some common elements of success emerge, including leadership and partnership, evidence and innovation, development and implementation of dual shortterms strategies.

Additionally, successful strategies

and policies related to safer motherhood, neonatal health, safe abortion, comprehensive sexuality education, nutrition and gender are anchored in the principle of human rights.

Ethiopia is an example in this respect for putting in place policies and measures to tackle gender discrimination and inequalities within the education and health system structure.

Other relevant examples include increasing access to family planning options in Egypt and Zimbabwe, the abolition of hospital user fee for pregnant women in Burundi, Ghana, Sierra Leone and Kenya.

Relevant

Sierra Leone is sited as a good practice for introducing the Free Ban Ki Moon, United Nations Secretary General Heath Care Initiative where all pregnant and lactating women as well as Millennium Development Goals Condom use as well as men’s health children under five get free health seek ing behaviour for themselves and Five, therefore, remains an unfinished care. agenda where concerted and collectheir partners also being low.

Despite this progress, MillenGender Based Violence as well tive regional and global action is renium Development Goals Five is the as HIV and AIDs continue to affect quired if equality, justice and freedom goal on which most African coun- women and girls contributing to high for the world’s population is to be tries have been consistently off-track. unsafe abortions and high Maternal achieved.

Sub-Saharan Africa as a whole has Mortality Ratio. Child marriage (beAs the world steps up gear in the the world’s highest maternal mortal- fore age 18) is still common in this ity ratio, contraceptive prevalence region and is closely associated with new development agenda (the Post2015 agenda and the sustainable deof only 25 per cent and low level of adolescent childbearing. velopment goals), the United Nations skilled attendance at birth.

The highest birth rate among ado- acknowledges that tackling structural Condom use by men is generally lescent girls aged 15 to 19 is in sub- impediments to gender equality and very low across the continent, with Saharan Africa (118 births per 1,000 achievement of women’s empowerwomen reporting less knowledge girls), which has made the least prog- ment should be the heart of postand low negotiating power on ress since 1990.

MDG agenda.

ISSUE 101, September 1-30, 2014

LOOKING AT MDGs

5

Unfiltered, uninhibited…just the gruesome truth

Girl child under siege in Meru County

By Titus Murithi Millennium Development Goal Two remains a challenge that will not be met if girls fail to complete school. The goal seeks to ensure achievement of universal primary education with a target to ensure that, by 2015, children everywhere, boys and girls alike, will be able to complete a full course of primary schooling.

However, while both boys and girls face challenges towards completing primary education, girls are disproportionately affected.

Girls are most like not to finish school, when they are forced to take on extra family responsibilities as well as due to early and forced marriages. They are also affected by early and unwanted pregnancies.

This is the case of 13 girls from the same primary school in Meru County who have dropped out school having been impregnated by local village men who lure them with cash and edible goodies like cakes and soda.

The school, located in the far flung part of Meru County bordering Meru National Park ,is in a dilapidated state with some of it classrooms literally having no walls and pupils study in very unfriendly conditions.

The school boasts of only two modern classrooms which were built courtesy of the Kenya Wildlife Services (KWS) as part of their Corporate Social Responsibility to communities near them.

Impregnate

According to Henry Maingi Arimi, head teacher at Mwomwere Primary School in Igembe Central said 13 out of 181 girls have been impregnated and have dropped out of school.

“This year alone, I have lost 13 girls to pregnancies. They

Toddlers enjoy their holiday classes with volunteer teachers in some Counties. Children remain in danger., Photo Odhiambo Orlale. have dropped out of school and three of them have been married by the culprits. It is a pathetic situation because it means their chances of getting formal education and earning a decent living are greatly reduced now,” said Arimi.

He said the affected girls were between Class 5 and 8.

“Most of the girls end up not getting married and become desolate around the villages. The 13 girls I have lost this year were

in between Class 5 and Class 8 but there are many more that are impregnated and drop out of other schools in Igembe Central,” Arimi explained.

He termed the matter as a serious crisis facing the whole of Nguyuyu Location, Kanjoo Division. Arimi noted that he was losing many young girls to pregnancies at an alarming rate and appealed to leaders in the constituency as well as the government to come to their rescue.

Crisis

“This is a big crisis in Nguyuyu Location and the whole of Kanjoo Division. I have been losing many young girls to pregnancies at an alarming rate and I appeal to leaders in both county and national government to come to the rescue of school going girls,” said Arimi.

He observed that some local village men deceive the girls with little money and

edibles and they fall for these goodies due to abject poverty.

He regretted that the girl’s parents are not helping the matter in any way as they hardly advise their children about sexuality.

Arimi said that out of the 35 girls who were to sit Kenya Certificate of Primary Education last year, only 19 did the examinations.

He noted that the situation is worse this year because he start-

ed with 21 girls who were to sit the examination, but now 17 of them including the 13 who are pregnant are out of school.

“Most of the girls end up not getting married and become desolate around the villages.”

Conflict in Northern Kenya a barrier to achieving education goals

By Malachi Motano Over a decade ago the world governments rolled out education for all programme at a conference in Dakar-Senegal that was backed up in Millennium Development Goal two.

It is now less than a year to the 15 year period that was set to see education play a role to reducing poverty in Africa through the Millennium Development Goals. The big question remains, what has Kenya achieved?

Or should United Nations forget about 2015 because education for all is still many years away?

Programme

There is no one better to explain this than John Lengoine, a head teacher at Kametusa, a community primary school in Samburu County. This is a school that was built by parents in the area. Although it was started 11 years ago, it has never recorded steady growth due to inadequate facilities.

Since they have not registered the school with the Ministry of Education, the national Government has not post-

ed any teachers there. It also has not benefited from the free primary education programme.

Lengoine is a class eight dropout from Webera, the nearest primary in Isiolo town, some 54 kilometres away.

He is a member of the Parents Teachers Association by virtue of being “a bit enlightened and schooled near the town”.

In the same area 28 year old Francis Wamalwa is the acting assistant chief.

“We are a pastoralist community and our sons normally help us move with our animals as the girls remain with their mothers taking care of the homes,” explains Wamalwa. He adds: “We only send our children to Kametusa Primary School to go and learn how to read and write. Going to school does not help us much compared to our animals which we give a lot of our attention.”

According to the Ministry of Education, Kenya has made big strides in most of the six goals supporting education for all. “The gross enrolment rate for early childhood care and education stood at 60.9 per cent in 2010, which was a marked improvement from 57.9

per cent in 2005, while primary school’s net enrolment rate increased from 82.9 per in 2005 to 91.4 per cent in 2010.

The gender parity index increased from 0.94 in 2007 to 1.02 in 2010.”

Other statistics from the ministry shows that secondary enrolment rate also improved from 28.8 per cent in 2005 to 47.8 per cent in 2010. Adult education in 2010 stood at 266,200 surpassing the projected target by 37,319, while the most vulnerable children stood at 325,000 against the projected target of 728,000 as enrolment in special schools increased from 91,770 in 2005 to 221,995 in 2009. The transition rates improved from primary to secondary from 56 per cent in 2005 to 72 per cent in 2010.

Increased enrolment

As Kenya celebrates the improvement of increased enrolment in primary and secondary schools, it remains a pipe dream for communities in the arid and semi-arid regions like Samburu County.

Apart from not valuing education, continuous migration (pastoralism),

inadequate learning facilities, poor infrastructure, constant conflict have also challenged the achievement of the Education For All 2015 goal According to the Education For All global monitoring report released by UNESCO in Nairobi, armed conflict is robbing 28 million innocent children of an education by exposing them to widespread early marriages, rape and other sexual violence, targeted attacks on schools and other human rights abuses.

The report, The Hidden Crisis: Armed Conflict and Education cautions that the world is not on track to achieve by 2015 the six Educations for All goals that over 160 countries signed up to in 2000. Although there has been progress in many areas, most of the goals will be missed by a wide margin — especially in regions driven by conflict.

According to Mohamed Elmi, a former Minister for the Development of Northern Kenya: “Northern Kenya is no stranger to violence. At any given time a school somewhere in this region will be closed as a result of armed conflict. And long after the conflict has

ended, its impact may still be felt. To cite just one example, the Turbi massacre in Marsabit in 2005 left nearly 100 people dead. More than 6,000 people were displaced by the violence, 1200 of whom were children. Eleven primary schools in the area were affected. Twenty-two of the dead were children at Turbi Primary School, who were killed just before starting their morning class.”

Elmi regrets the loss of innocent lives on such a large scale saying it was heart-breaking and was further compounded by the trauma which surviving friends, students and teachers of those children still feel today.

Elmi says that in the recent past, conflict in Somalia has spilled over the borders to Kenya.

Indeed, for decades now Kenya has hosted large refugee populations from Somalia, Sudan and other countries in Africa. Dadaab, near Garissa, is one of the largest refugee camps in the world.

Its population has more than doubled over the years. As a result, an education system that was designed to provide for 30,000 children is now struggling to provide for double that number.

6

Unfiltered, uninhibited…just the gruesome truth

LOOKING AT MDGs

ISSUE 101, September 1-30, 2014

County seeks to ensure MDG seven is achieved

By Robert Nyagah Accessing water for domestic use has been found to be the biggest time consuming action for women and girls taking up to 14 hours per day.

However, Embu County has strived to make the essential commodity available and hence reduce the time that women and girls have to spend searching for it from wells, boreholes, rivers and other sources.

A survey done in Embu County government’s departments of social services and education reveals that availability of piped water at domestic level or kiosks closer to the homesteads eases access and helps women and children to spare time for other productive work.

Children and especially the girl child has more time to study and is less exposed to social evils related to being outside alone or at times late in the evening. Most mothers are able to undertake cooking in time, make their homesteads clean and also spare time for more productive and profitable chores.

Lucy Rwamba, an official of the Kiamuringa Women’s Group and a mother of four, who include two daughters in upper primary, agrees: “Since we started receiving water at homestead level or closer home, our daughters are now safer from wicked boys and men who might want to prey on them by enticing them to social evil.”

She adds: “The girls no longer get late trying to fetch water from the community wells and boreholes where queues are long and extend in to the nights.”

Rwamba, a recent beneficiary of the water supply from Embu Water and Sanitation Company (EWASCO) says that in an indirect way the mere supply of water at homestead level has meant improved sanitation.

“With water available, it becomes outrightly easy for me to ensure that cleanliness is maintained right from the kitchen to the ablution facilities,” says Rwamba. She adds: “Hand washing and bathing are done with ease unlike when there was no piped water and when a 20-litre jerri can of water would be used for a day covering cooking and washing among other demands.”

Water Supply

Just three kilometres from Embu town families would be forced to traverse bushes to get to Gatondo well for water.

The struggle and distance to be covered would see children, some as young as six years being forced to help in fetching the precious commodity.

However, things have changed for the better for Gatondo residents who are now connected to the main water pipe. This is in line with Millennium Development Goal number Seven that seeks to ensure environmental sustainability. One of its targets is to halve, by 2015, the proportion of the population without sustainable access to safe drinking water and basic sanitation. The world has met the target of halving the proportion of people without access to improved sources of water, five years ahead of schedule. And this is where the people of Gatondo fall.

“We paid a deposit of KSh2,000 to be connected to the main water pipeline and for some time now, we have enjoyed good supply of clean water,” says Jane Njue.

A larger number of families in the outskirts of Embu town and even further away are today enjoying piped water thanks to major campaigns by Embu Water and Sanitation Company (EWASCO) to ensure that the people of Embu County are supplied with clean water.

However, the supply did not come without major sacrifices. The water company spent KSh2.7 billion to improve water quality and supply in the County. According to Doris Njiru, finance manager at EWASCO, part of the money came to the firm in form of donations and grants while private and government agencies partnered with the water provider to complete

A man on a motor cycle transports 100 litres of water in 20 litre plastic containers to a homestead from an open pond in Dallas area in Embu town before Ewasco expanded water supply to the area.

Embu residents queuing for water at a vendor’s kiosk. Photo: Robert Nyagah a cross-section of public and community water supply projects. Key among those who supported provision of this precious commodity is the government of Japan through the Japan International Corporation Agency (JICA). The development agency granted the firm KSh2.4 billion towards the improvement of Mukango Water Treatment Plant “We salute JICA for the support both in cash and in kind of KSh2.5 billion and laying of the pipeline as well as non-revenue training, equipment and donation of a lorry towards this project,” said Njiru.

The completion of Mukango Water Treatment Plant, was not only a milestone given that it is perhaps one of the most modern and efficient in the country but it led to improved water production from 11,000 cubic metres to 23,000 cubic metres per day.

Trust Fund

According to Njiru, Water Services Trust Fund (WSTF) spent more than KSh77 million in three major projects with the highest beneficiary being the Blue Valley water supply rehabilitation project which cost KSh18 million.

The Water Services Trust Fund also funded the rehabilitation of the Murinduko pipeline under the fifth call roll out funding at a cost of KSh6.5 million.

Itabua and Dallas water projects benefited from Water Services Trust Fund amounting to KSh30 million covering more than 33 kilometre pipelines and two water kiosks for each region respectively.

The ultra modern Kiritiri sanitation block cost KSh6.1 million and is presently managed as an income generating project under the Kiritiri South Boda Boda Self-help Group.

Njiru noted that various ministries supported EWASCO with pipes for various projects and other equipment apart from entrusting it with the responsibility to implement water supply related projects.

Key public agencies which entrusted the water company with task for the implementation of projects included the Kanyuambora Con-

stituency Development Fund (CDF) which accomplished Kanyuambora Water Project.

Lenny Kivuti, the then Constituency Development Fund patron strengthened the implementation of the water project by encouraging assistance from the Kenya Wildlife Service and KenGen with both state corporations donating pipes for the project.

The government water department offered support through the laying of the pipeline in Mbeere District area apart from providing funding, pipes and labour for various projects.

According to Njiru, the Embu Water Department supported in laying of pipes for the sewer line from Government Training Institute (GTI) and donated a motor cycle to be used in ensuring sampling of water was accomplished.

Sadly vandalism and theft of equipment has been rampant and the technical manager has petitioned the provincial administration to help the company in containing the problem, and at the same time urged the public to help in reporting the culprits to the authorities.

“Members of the public who are the beneficiaries of our services would also be of great help by reporting to our offices if they witnessed vandals involved in illegal connection and tampering with the water meters” said Njiru.

A report from World Health Organization (WHO) indicates that improved sanitation has

a positive impact on economic growth and poverty reduction.

The WHO report explained that every dollar spent in elevating levels of sanitation generates an average economic benefit against a background where more deaths have been recorded in sub-Saharan Africa than anywhere else because of water-borne diseases. It is estimated that 37 percent of people have access to basic sanitation compared to the global average of 59 percent.

Today, clean piped water is being tapped from Rupingazi River on the slopes of Mt Kenya.

According to Hamilton Karugendo, Chief Executive officer EWASCO the households are not the only ones enjoying the water supply. He notes that hospitals and schools are also beneficiaries of the clean water, something thatseemed like a pipe dream a few years ago.

Karugendo announced plans to establish a water bottling company, which will help in creating employment among the residents.

“Financial contribution by JICA to the project led to achievement of many milestones in Embu and I am glad that it is one of the towns enjoying a steady supply of clean piped water supply to residents,” said the CEO.

ISSUE 101, September 1-30, 2014

LOOKING AT MDGs

7

Unfiltered, uninhibited…just the gruesome truth

Courts urged to take environmental law seriously

By Duncan Mboyah While climate change, global warming and pollution are some of the key issues affecting the world today, legal perspectives to the protection of environment has failed on many fronts.

Many people are ignorant of laws related to environmental protection, the courts have not been serious when it comes to implementing the same laws.

In seeking to address poverty and sustainable development, the United Nations member states set eight goals and among them the issue of protecting the environment was included. Millennium Development Goal seven seeks to ensure environmental sustainability.

It targets to integrate the principles of sustainable development into country policies and programmes and reverse the loss of environmental resources.

Speaking at the United Nations Environment Assembly, Chief Justice Dr Willy Mutunga attributed the challenges facing the Judiciary in terms of dealing with environment crimes to poor record to lack of capacity for the intricacies and complexities of environmental litigation, disincentives for members of the Bar to venture into environmental litigation, lack of public awareness of environmental conservation and available remedies in the event of violation and the prohibitive financial costs involved paying costs of the suit were some of the barriers.

Mutunga noted that lately the Judiciary in Kenya was increasingly not imposing costs in environmental disputes which are considered to be of public interest in a bid to encourage public-spirited individuals, and civil society groups to litigate on environmental violations.

Mutunga challenged courts worldwide to

national and international fora for sharing of experiences and best practices in matters concerning environmental law.

“Capacity-building of our respective judiciaries will not only enhance the quality of judicial pronouncements and improve judicial techniques as well as approaches in the application of green principles, but will also develop an environmental jurisprudence that can be used in enhancing environmental rule of law and justice,” reiterated Mutunga.

Record

Chief Justice Willy Mutunga has called on judges to take environmental matters seriously. strengthen the application of environmental law through legal binding international instruments.

The judges and lawyers who attended United Nations Environment Assembly were asked to begin to make corporations responsible for their activities without fear or favour.

The environment has become a global concern especially if the world is to achieve sustainable development.

Govern

Speaking at the first ever United Nations Environment Assembly, Mutunga sked those in the Judiciary to start improving environmental governance and especially access to information, public participation and access to justice as essential to the rule of law.

His sentiments were echoed by Dr Lalanath

de Silva Director, the Access Initiative, World Resources Institute who said: “The Judiciary must expand the right of law by being transparent in handling environmental matters.”

De Silva asked judges and magistrates to set example by declaring their wealth in executing duty as this will enable them gain trust from the citizens.

Mutunga observed that given the rapid expansion of environmental law, and the ongoing developments, there is need to train and expose all the institutions and officials responsible for addressing justice, governance and law issues to the environmental laws.

“The nature of environmental disputes poses a significant challenge to judges, primarily due to the technical and scientific issues involved,” Mutunga said.

He asked judges to participate in regular

He noted that despite mechanisms put in place to ease court processes through among others establishment of specialised courts, environmental cases are less than five per cent of the cases filed in the Environment and Land Court in the country so far.

“Let us undertake more proactive engagement with partners and stakeholders in the field of the environment, as a way of promoting public participation in establishing environmental rule of law and promoting environmental justice,” Mutunga stressed.

He called on judges to begin to see environmental crimes, money laundering and terrorism as crimes of interoperable nature that are an imperil to democracies and stability of nations.

In an effort to promote stakeholder engagement, the Kenyan judiciary has also established Court Users Committees in every court.

These open and consultative fora provide an avenue to address a broad range to administration of justice matters, both precautionary as well as responsive. The Court Users Committees provide the Judiciary with an opportunity to make the legal system more participatory and inclusive.

European Commission plans to propose new targets after MDGs

By Duncan Mboyah The European Commission plans to propose the formation of new development goals as the UN Millennium Development Goals come to an end next year.

According to the commission’s commissioner for Environment, Janez Potocnik, they will prefer goals that aim at natural resource protection to help eradicate poverty in the world.

“The Rio de Janeiro conference that proposed the creation of MDGs committed conditions for access to drinking water and improvement of sanitation, but all this has not been achieved,” Potocnik said during a press briefing on the sidelines of the United Nations Environmental Assembly held in Nairobi.

At the United Nations Millennium Development Summit in 2000, 189 countries made a number of commitments that would help in improving status of the developing countries including addressing challenges of poverty and climate change. They promised to half extreme poverty and curb diseases such as AIDs and Malaria by 2015.

There has been an impressive reduction in poverty in the past 13 years. The world achieved the goal of halving extreme poverty five years earlier than expected.

In Sub-Saharan Africa, 77 per cent of children attended primary school in 2011. In 1990 that figure was 54 per cent.

Potocnik observed that Millennium Development Goals failed to project water first as a natural resource before getting into other goals yet countries started at different levels.

He said that the MDGs were set

Country road in Western Kenya with food crops and trees planted along the roadside. Natural resource protection will help eradicate poverty.

with plans to empower the developing world so that they could step up their development agenda.

Resolution

“The transition will ensure that economic systems that can be respected by all are accepted by all given that some countries have limited resources,” Potocnik added.

The official said that the European Commission in collaboration with African minister’s plan to present a joint resolution in regard to illegal wildlife trade during the coming

United Nations General Assembly.

“We are also calling on the United Nations to streamline UNEP’s work with that of CITES and United Nations Development Programme (UNDP).

He said that there is no need talking about green growth and other development plans and tying it with economic development when it is clear that Africa’s understanding of environmental conservation and that of European is different.

He called on countries to adopt regulations that allow citizens to start recycling plastic products by re-using

them as opposed to throwing them away after use.

The Commissioner said the new goals to be set will be specific in addressing issues such as food waste and marine life.

“We must talk seriously about introducing global targets that tackle resource productivity for the preservation of nature and public health as opposed to doing things on the basis of business as usual,” he said.

He noted that EC is committed to climate change negotiations and is in the process of reconciling economic

development and environmental conservation. ”We must be ready to change if we want to continue living in this planet and stop looking at economic power only as oppose to environmental conservation and restoration,” he warned.

He challenged all governments to take action for their industrial waste by complying with the international set standards.

According to reports from different countries, efforts to combat infectious diseases are also proving successful.

8

Unfiltered, uninhibited…just the gruesome truth

ISSUE 101, September 1-30, 2014

Taking stock, looking ahead

By Darren Walker During the 12 months since I accepted the honour of serving as president of the Ford Foundation, I have travelled more than 125,000 miles. I wanted to get to the frontlines of social change. I wanted to listen to and learn from you. And I must say, it has been the most inspiring, uplifting journey of my life.

On a trip to Beijing, I was reminded of the Foundation’s pioneering program that helped train an entire generation of Chinese jurists. In Jakarta and in Java’s rural areas, I admired the early success of civil society in transforming the world’s largest Muslim democracy and setting a powerful example for others to follow.

In the Makoko slum of Lagos, I was struck by the community’s perseverance and determination in the face of a development effort that sought to uproot, dislocate and exclude thousands of poor people.

In Johannesburg, on the 20th anniversary of South Africa’s first free elections, we commemorated Ford’s 1953 grant to study the effects of apartheid. We also visited organisations we support in the Khayelitsha township, and elsewhere, who still are working to disentangle apartheid’s knotty inheritance.

In Detroit, I experienced the gathering resurgence of an iconic American community, and joined a partnership with 14 other foundations to help the city navigate an unprecedented bankruptcy — demonstrating, along the way, that philanthropies can break free of their traditional constraints and rise to address complicated challenges in real time.

A 12-month awakening

And in Colombia’s Pacific region, I visited Quibdó, a primarily Afro-Colombian city along the Atrato River.

As I walked the streets, I saw a community desperately poor in wealth, but rich in leadership. I encountered the remarkable Paula Moreno, working valiantly to advocate for AfroColombians, who face discrimination in most facets of life. Paula made such an impression on us that we later asked her to join the Foundation’s board of trustees, becoming our first board member from Latin America of African descent.

Getting close to the work we support through travel in the United States and internationally — and through hundreds of meetings at our headquarters in New York — is not just thrilling for me, personally; it really is the only way to become fully conscious of the important role the Ford Foundation and other philanthropies play in an elaborate ecosystem of human aspiration and action. Through these interactions, my unwavering belief in the Foundation’s core social justice vision has been affirmed, as has my resolve to ensure that we rise to the challenges posed by a changing world.

Indeed, for me, these last 12 months have been an awakening-energizing and emboldening in a way that I never expected after the better part

of two decades in philanthropy. I have learned a great deal about the demands that our mission and history place upon us. And I have been humbled.

Chief among these lessons was just how unready I was to begin a job for which one might assume I had been preparing for years. Easy as Foundation work may look from some vantage points, the truth is that it is hard.

Hard because you want more than anything to get it right. Hard because you want to earn the joyful privilege with which we have been entrusted.

And hard because you know for sure that in at least a few cases you will get it wrong.

And while a reflection like this could be seen as characteristic of our sector’s navel gazing and self-regard, I share it out of an opposite instinct: as an effort at transparency and mutual understanding.

In fact, the biggest challenge I have encountered this year stems from the contradictions inherent in what this Foundation actually does, in the very rudiments of what it exists to do: We give money away for urgent work now; we steward it for the years ahead.

We strive to be ambitious in what we support; we strive to be pragmatic.

We aim to take risks; we aim to avoid unbridled bravado. We serve a venerable legacy; we serve a bold vision of human dignity and social justice.

Balancing these multiple vested interests means making tough choices — choices that are unlikely to satisfy the many stakeholders who care about our mission or rely on us to support theirs. I can assure you, however, that the decisions the foundation trustees and I will make in the months and years to come — about the direction of our programmes, about how we apportion our funds — represent purposeful resolution of competing and equally compelling extremes.

I also assure you that I will continue to be as candid and open in the months ahead as I have tried to be throughout my first year. I am working to build a foundation culture where this sort of openness is held in as high regard as our intellectual curiosity, our rigor and our commitment to the values we share.

So let me tell you where we are and what to expect.

Reflecting on what’s next

Like so many others, we are working to understand the changes underway in our world, and to anticipate the changes yet to come. Simply put, the greater the challenge, the greater our determination to meet it.

To this end, my colleagues and I have spent the last six months identifying and analysing significant trends that are having — and will continue to have — a major impact on the pursuit of social justice around the world.

Foremost among these trends are the rapid rise of disparities during a time of declining global poverty (what we call the inequality dilemma); the increasing dominance of market ideology (what we call the consolidation of capitalism); and the failure of many democratically elected governments

Darrel Walker - Ford Foundation President addressing a public forum.

to deliver on their promise (what we call the democracy quandary).

We also are exploring fast-moving transformations, such as disruptive technology, growing extremism, threats to free expression, changing patterns of international cooperation and conflict, climate and natural resources crises, new patterns of migration and urbanization, the youth bulge and demographic shifts, and the heightened urgency for women and girl’s agency.

To be clear, these trends do not signify the areas our work will address in the years ahead. They do signify our effort to step back from grant-making to consider, from different perspectives, the status of human dignity and the shape of social justice in the world today, and to ensure that our contribution to advancing both is in step with the changes around us.

Given the scope and pace of those changes — and the change in leadership at this institution — ambiguity and anxiety are likely in the air. I understand. I am working to strike a balance between taking the time we need to reset our compass and the urgency of marching ahead without delay. (Xav Briggs cites a Peruvian proverb that says the world can only be changed by those with “burning patience”. I am trying to work out exactly what that would feel like.)

A personal request

At the Ford Foundation, transition is complicated by a deep history. Not a day goes by without me hearing: “The Ford Foundation gave us our first grant” or “The Ford Foundation’s support is critical, it needs to continue.”

And yet we also know that the trends shaping our world require us to support new ideas, new institutions, and new forms of organizing and movement-building.

We always have been about building. The operative question now is, What should we help to build next?

This is the issue we are interrogating among ourselves; in conversation with you; with help from experts, friends

“In fact, the biggest challenge I have encountered this year stems from the contradictions inherent in what this Foundation actually does, in the very rudiments of what it exists to do: We give money away for urgent work now; we steward it for the years ahead. We strive to be ambitious in what we support; we strive to be pragmatic. We aim to take risks; we aim to avoid unbridled bravado. We serve a venerable legacy; we serve a bold vision of human dignity and social justice. “ Darrel Walker

and kitchen cabinets. We are reading, listening and reflecting.

From this process we expect to identify, by this November, the four to six key themes that speak to the social justice issues of our era — themes which will organize our grant-making during the years ahead. I urge you to anticipate evolution, not revolution.

Our mission remains unyielding and tied to core principles of justice, opportunity and understanding. I am excited about the direction in which we are headed.

At the same time, it would be disingenuous for me to suggest that everything we now support will continue or that everyone will be content. Wherever we land, I can assure you that, while hard, the choices we make will be based on thorough exploration, consultation and reflection. And that the work we support into the future will reflect, as it always has, the vision of courageous, creative people on the frontlines of social change.

So I have a favour to ask, and it is a big one. I know how hard it is to speak candidly to a foundation president — I have faced that uncomfortable moment enough

times over the last 20 years, both as a grantee and a staff member. And we all know why it is hard — the power dynamics, the stakes, the personality variables. But from my vantage point, nothing could be more valuable. In truth, my single greatest fear is that I am not hearing enough constructive criticism. It is essential to our work together, and I need your input and feedback.

Ultimately, whether you agree or disagree with the choices we make, you will see a Ford Foundation that is as dynamic as the times in which we operate — that reflects our deep, abiding optimism that, with “burning patience,” we can help seed and spread justice around the world.

Every single day, I am privileged to come to work in a place — and with an exceptional group of trustees, colleagues, grantees and partners — that so fully embodies this ideal. We have much yet to learn, much yet to do, and I could not be prouder of the new beginning we have made together.

The writer is the President Ford Foundation. The Reject Newspaper is published with support from Ford Foundation.

ISSUE 101, September 1-30, 2014

9

Unfiltered, uninhibited…just the gruesome truth

Lack of political commitment derailing land reforms

By HENRY OWINO The advent of current Constitution 2010 that was followed by its promulgation on August 27 came with numerous changes in Kenya.

Land reforms were among the major amendments that took effect automatically reducing timeframe of land leasehold from 999 to 99 years for foreigners.

And it is not surprising that many Kenyans chose to support the passage of the Constitution in 2010 with high expectations. One was that it would address and provide ‘silver bullet’ answers to land challenges they had faced over the decades.

Indeed great milestones have been realised in the recent past with the most important being the inclusion of a whole Chapter on Land and Environment in the Constitution 2010.

Chapter Five of the Constitution is about land and environment stating that all land in Kenya belongs to the people of Kenya collectively as a nation, communities and individuals. This, therefore, classifies land in Kenya as public, community and private.

Additionally, enabling legislations have been enacted to ensure that provisions of the Constitution are effectively implemented.

Some of these changes, however, are still on course to being implemented while others need time which may take five years or more for full implementation. For instance, Environment and Land Court Act 2011; the Land Registration Act 2012, The National Land Commission Act 2012 and the National Land Policy are some of the implemented laws.

As a result of these laws, the National Land Commission as well as the Environment and Land Court have been established to ensure realisation of the anticipated reforms in the land sector.

Despite the milestones made so far which are irreversible amendments unless otherwise, there is resistance especially from the political mighty who had acquired chunk of lands fraudu-

lently. This is because the law is now catching up with them as they are being exposed.

Notably, it is surprising that the war of supremacy between the Ministry Lands, Housing and Urban Development headed by Charity Ngilu and the National Land Commission chairman Muhammad Swazuri emanates from vested interests from individuals in Government.

The disagreement is about powers and functions regarding respective institutions. This could be attributed to some grey areas in the land laws which have resulted to blurred separation of powers between the two institutions.

Abigael Mukolwe, Deputy National Land Commissioner.

Most public servants who grabbed public land in office are now seeking protection.

The land problem in Kenya will never be sorted out if this trend of cushioning perpetrators of land grabbing persists. A few have been forced by courts of law to relinquish land they possess illegally to the rightful owners.

Ministry of Lands, Housing and Urban Development seems to be in full charge of the lands issues in Kenya and recently announced that they had revoked title deeds in various Counties.

Again the recent revelation by President Uhuru Kenyatta that up 70 per cent (500,000 acres) of land in Lamu County was allocated under dubious and corrupt circumstances is an indica-

A family tilling in their ancentral land (community) yet to be sub-divided amongst them and title deeds issued to individuals. tion that despite the gains made in putting in place legislative framework to govern administration of land in Kenya, more still needs to be done to achieve the anticipated reforms.

The National Land Commission has been overshadowed by these two government agencies which the current constitution does not recognise. This is a clear indication that there is a resistance to reforms and majority want to maintain status quo of the old system.

According to Abigael Mukolwe, Deputy Land Commissioner, the Constitution recognises the Commission as the only institution mandated to deal with lands matters countrywide.

The Ministry of Lands, therefore, ceased to exist including all its operations, functions, staff members and even its assets transferred to the Commission.

“The law is very clear about National Land Commission and with the promulgation of the Constitution in 2010 several land issues were automatically converted to Commission,” says Mukolwe. She adds: “However, not all functions were moved until the formation of National Land Commission on 27 February, 2013 that rendered Ministry of Lands irrelevant and fully replaced.”

Mukolwe says despite the National Land Commission taking charge to implement land reforms in the country, the Commission is facing a lot of setbacks. First was inadequate funding, which could not even pay its staff.

Worse they are unable to travel across the country to settle land disputes.

Secondly, entrenched interest by individuals who never want records put straight on how they acquired land remains a big challenge for the National Land Commission.

Mukolwe observes that lack of awareness on land laws remains high.

She regrets that even highly educated people get manipulated and buy land fraudulently without following due process.

“There is need for the public to read Chapter Five of the Constitution and understand it well. You can also walk in at Ardhi House and consult commissioners for assistance,” advices Mukolwe. She adds: “Otherwise we have been allocated KSh1.7 billion this financial year of which part of it we shall use for creating awareness in the counties.”

Silver Bullet

Another challenge is the complex legislative framework involving land matters which are being digitised under one roof. Transferring files from hard to soft copy may take time but Mukolwe promises better services are on the way.

Although the challenges are many, Mukolwe notes that the National LandCommission is determined to ensure that reforms are on course and will be achieved according to the spirit and letter of the Constitution.

“The National Land Commission is determined to ensure land reforms take place but it is not as easy as it may appear. The spirit is there with us and we shall fight on regardless of the obstacles,” says Mukolwe. She adds: “In fact the challenges are making us build a strong institution that will stand the test of time.”

The Land Commission is currently developing legislation for various laws under the Land Act and Registration Act, policies, procedures to manage land at the county level. This will hasten settling land disputes especially at the county level.

“For example, public land management at the county level will be handled at the county land commissioners and one will not necessary come all the way to Nairobi,” Mukolwe explains.

According to Odenda Lumumba, Chief Executive Officer, Kenya Land Alliance, land reforms entail restructuring systems, organising policies and aligning land documents properly in a manner that no Government agency can interfere with.

Lumumba regrets that in Kenya there are organisations that have researched and given tentative reports on land disputes but they have been ignored by the Government. Cases in point include the Ndung’u report as well as the Truth, Justice and Reconciliation Commission (TJRC) report and Parliamentary Committee Reports which are kept in shelves somewhere to gather dust.

Lumumba emphasises that unless there is a political will and commitment by Government on land reforms, the land problem in Kenya will not go away. He notes that the manner in which land is used and managed matters a lot in Kenya.

“Land utilization in Kenya is a big question and a problem,” says Lumumba. He adds: “People own large tracts of land that is not in use yet others are landless.”

According to Lumumba the law is unclear on minimum and maximum acreage an individual should own but it is high time the Commission establishes it as a law.

The post-election violence of 20072008 was blamed on historical injustices of which land ranked top.

“The National Land Commission is determined to ensure land reforms take place but it is not as easy as it may appear.

The spirit is there with us and we shall fight on regardless of the obstacles,” Abigael Mukulwe

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ISSUE 101, September 1-30, 2014

Unfiltered, uninhibited…just the gruesome truth

Devolution is solution to unemployment

By Mary Mwendwa Vocational and technical training institutions have been cited as potential solutions to the unemployment crisis Kenyan youth are struggling with.

Through the 47 devolved governments, which bring services closer to the people, many young women are yet to benefit from youth polytechnics and other vocational training.

Include

Devolution is expected to be inclusive by factoring in the traditionally marginalised groups, which include women, persons with disability and youth.

As a result youth who have been at the periphery are now at the core of devolution and success of the new dispensation is highly dependent on the degree of increased opportunities for them.

The youth face a myriad of challenges, especially the girl-child who because of some retrogressive cultures, is not allowed to go to school, inherit any property or be part of any decisionmaking process within the community.

Speaking during a Young Men Christian Association (YMCA) Annual General Meeting, Kinuthia Mwangi, chairman Transitional Authority, said the devolved governments had a critical role to play in addressing serious unemployment crisis affecting the country and especially the youth.

Transitional Authority was mandated to oversee devolution during the transition period.

Mwangi said the public was looking up to the governors of the 47 Counties to energise technical and youth polytechnics as areas where potential can be tapped easily.

He cited Germany as an example where devolution had been a success saying it was a very innovative nation, and was famous for technological innovations which county governments can borrow a leaf from.

Article 55 of the Constitution of Kenya 2010 requires the State to take affirmative action programmes to ensure that young people have access to relevant education and training; have opportunities to associate; are represented and participate in political, social, economic spheres of life; have access to employment; and are protected from harmful cultural practices and exploitation.

Devolution, therefore, needs to cater for special interests of youth social sector and maximize their full potential by ensuring that they are full participants in nation-building as envisioned by the Constitution.

Transform

On his part, Jared Musima, chairman of Young Men Christian Association Kenya said their projects were geared towards transforming the youth. Musima disclosed they had property worth KSh4 billion countrywide,

A woman trader in Katwekera village in Kibera informal settlement in Nairobi, goes about her business as jobless youth mingle around her. Photo: Odhiambo Orlale and that they had through sports and trainings been able to position the youth in the County government systems.

Musima identified unemployment as the biggest challenge facing the youth globally. ”For over half a century the YMCA–Kenya has been empowering young people and authorities foster and develop a platform for positive change in the way the youth influence and accelerate change in Kenya,” Musima said.

Earlier, Mwangi said there was need to regenerate technical and vocational education, revive youth polytechnics and harness youth talent by increasing resource allocation and facilitating the youth to form self-help groups in devolved development activities.

The TA chairman said there should also be adequate outreach to the youth using appropriate forums and the social media to ensure that they are involved as partners and players.

Ugly truth of unemployed youth

By Mary Mwendwa For the past decade, Mohammed Kosi, has been moving from one Government office to another seeking a national identity card, but in vain.

Thirty year old Kosi is among the thousands of unemployed youth in Isiolo County who are hoping against hope that the Equalisation Fund will be used to address their issues.

Predicament

His plight has been made worse since he cannot secure a job without the national Identity Card, his being illiterate has not made life any easier either.

Kosi’s tribulations can be traced back to the early 1960s when the sad history of his home, Merti District, Isiolo County was termed a marginalized region. People in area, which was under a curfew in the North Frontier District (NFD), were unable to enjoy basic services like the rest of Kenyans.

The scotching heat and dusty narrow paths led to Kosi’s village.

Dressed in a red and white checked head turban, with a small pocket radio in his hands, Kosi shakes his head to a local Borana tune. He is seated next to his elderly mother in their manyatta, a small hut made of reeds.

Challenge

From afar their camels, goats and cows are seen grazing under the heat while others lie on the dry ground waiting for a trip to a water point.

Life here seems difficult, the cactus vegetation and dry fields indicate that the rains are a rare occurrence.

“I am unemployed, don’t own a national identity card andi am illiterate. I only went to school up to class two. The challenges we face here could not allow me to go continue with my education,” Kosi explains. He adds: “The distance to school was too long and my parents who are pastoralists were unable to take me to a boarding school.”

In frustration Kosi says: “My biggest challenge now is how to get an identification document. I have made several trips to the provincial headquarters where they demand that I produce my parents’ identification documents to ascertain that I am a genuine Kenyan citizen.”

Indeed, Kosi is an example of the many youth living in Isiolo County, who struggle with the hard economic times as a result of rising unemployment brought about by poor structures, infrastructure and governance.

Isiolo Governor, Godana Doyo, concurs saying the grim picture painted here is real as they struggle to achieve part of the Millennium Development Goals focusing poverty eradication.

Doyo says they have limited funds allocated to them by the Treasury in the current financial year.

“These funds cannot help us sort out some of these issues especially infrastructure which comes with a huge financial burden,” Doyo observes.

Isiolo County is classified as an Arid and Semi-Arid Land and thanks to the new Constitution and devolution in particular, it is benefiting from the Equalisation Fund targeting marginalised areas.

The Government’s second Medium Term Plan (MTPII) 2013-2017 towards Vision 2030 seeks to increase employment opportunities for the

youth as well as nurture talents in enterprise, sports and entertainment.

Fund

With a current population of 143,295, of which half are youth, Isiolo County which is divided in two regions, South and North, is among the counties identified to benefit from the Equalization Fund given to counties which are ranked as marginalized.

The fund is administered by the Central Government through the Treasury. According to the Constitution, Article 204 (2): “The national government shall use the Equalization Fund only to provide basic services including water, roads, health facilities and electricity to marginalised areas to the extent necessary to bring the quality of services in those areas to the level generally enjoyed by the rest of the nation.”

According to the Revenue Allocation Commission, a total of KSh47.5 billion was allocated to the 47 counties with each getting a minimum of KSh1,010,638,298 according to their poverty ratings.

According to the chairman of the Transition Authority, Kinuthia wa Mwangi, the devolved units have a great potential and opportunity, if used well, to help the youth identify their talents and skills it would help them be self-sufficient in future.

Mwangi is challenging counties to revive the technical institutions that trained youth on various skills and upgrade other vocational training institutions. He notes that unemployment is a global problem, but it can still be addressed through structured interventions which can be offered by the County governments.

Priority

According to the latest Kenya Economic Report 2013, the fight against poverty is a top priority on the country’s development policy agenda. The government’s commitment to the realization of MDGs, elimination of hunger and poverty, and achievement of inclusive and equitable growth is contained in various policy documents such as the Medium Term Plan and Vision 2030.

The report further points out the employment rate (proportion of employed persons to the working age population) are about 69 per cent, while rate of unemployment was at eight per cent having improved from 12 per cent. T

ISSUE 101, September 1-30, 2014

Unfiltered, uninhibited…just the gruesome truth

11

Kaya elders demand rights to indigenous Forests

BY ROBERT NYAGAH Forests hosting shrines and other indigenous community resources should be identified and protected through elders within the various Coast counties to forestall their alienation under the new land laws, elders in the region say.

Success in protection of such resources would only happen if an inventory of all such units is made. It would also require rules and regulations created to protect the same.

Project

For that cause, the Coast Indigenous Resource Community stakeholders are now seeking the release of title deeds for all forests and shrines as a means to protect the areas from land-grabbers.

The stakeholders comprising of Kaya elders from key Coast counties and minority groups from Lamu and Tana River counties are demanding for the identification and protection of indigenous resource zones first.

They argue that better consultations on land management issues would help avoid confusion and litigation in future.

Last year, a planned issuance of 60,000 land title deeds by President Uhuru Kenyatta to Coast squatters sparked protests across with stakeholders warning that the project was launched without consultations at the grassroots level.

The group sought more recognition of minority land owners and protectors of community land hosting shrines and other resources used as indigenous wealth by various communities.

Led by Abdalla Ali Mnyenze, chairman of the Coast Kaya elders, the group is demanding for immediate and unconditional cancellation of all title deeds on irregularly allocated Kaya and other indigenous forests in the Coast region which covers Taita Taveta, Kwale, Mombasa, Kilifi, Tana River and Lamu counties.

Consult

In a recent interview with the Reject, the elders resolved that: “there should be held more consultations between the Ministry of Lands and stakeholder before any title deeds for land at the Coast are issued”.

They had attended a two-day workshop organised by the World Wide Fund For Nature (WWF) to familiarise themselves with land laws and clauses in the Constitution on protection of forests as well as other regional and national indigenous resources The Kaya elders lamented that they had for too long demanded to be included during consultations on land issues at the Coast, but had been ignored.

Mnyenze suggested that county and national governments allocate Kaya elders positions in committees which addressed issues to do with land to avoid mismanagement of Kaya forests and other shrines holding indigenous resources.

“Since independence 50 years ago, Kaya forests have continued to be grabbed, especially by well-educated and senior people in the Government despite protests of the residents and leaders,” noted Mnyenze.

He said they no longer had faith in land officers reiterating that most of them had been compromised.

Kaya elder Charo Mitsanze who is also a traditional healer blows a flute recently at the entry of the Kaya Fungo Shrine in Kilifi County before the elders from Malindi, Kilifi and Kaloleni entered the holy shrine for special ritual and prayers to seek God’s powers to protect the forest from defilement. Photo: Robert Nyagah.

Below: A leading drummer from in Malindi leads the Kaya elders into entering the Kaya Fungo Shrine inside the Kaya Fungo Forests during special prayers. Photo: Robert Nyagah

He warned that continued destruction of Kaya and other forests for commercial purposes was dangerous and would eventually attract disasters such as lack of rainfall and drought as well as “curses linked to defilement of holy shrines”.

Kilifi and Kwale Kaya spokesperson, Shaaban Ndegwa warned that the Jubilee government should be different from past governments which were “Governments of empty promises when it came to resolving Coast land scandals and settle the squatters once and for all”.

“While we fully support the Government of Uhuru Kenyatta, we would like to see better and firm action on the land issues and would actually like to see all Kaya Forests identified,” said Ndegwa. He added: “We would also like to have all land title deeds involving these zones held in trust by Kaya elders and the National Museums of Kenya, which is legally recognised as the custodian of such public land.”

Protect

According to Ndegwa, Kaya elders should be allowed to hire their own guards to protect Kaya forests and those forest guards should be paid salaries and allowances by the County and Central governments.

Ndegwa suggested that in future all laws regarding protection of Kaya forests and other national shrines at community level should incorporate elders to ensure that indigenous knowledge was not sacrificed and lost through new legislation.

Meanwhile, Kiunga Kareko,

Lamu region coordinator of World Wide Fund For Nature, said they were keen to make Coast communities understand the law to enable them pursue their rights against a background of better understanding of the Constitution and the various clauses.

World Wide Fund for Nature had launched campaigns to enable minority groups who occupy, own or protect natural resources such as forests in the Coast are able to gain skills that would enable them advocate for the protection of identified resources.

The organisation facilitated for Nature facilitated the communities to enable them work at the regional level as well as at the County and national Government level in advocating for recovery of alienated zones and their protection.

World Wide Fund for Nature has made successful strides in overseeing community based campaigns to recover irregularly allocated Kaya Forest and other indigenous shrines, and was keen to identify more of the areas in need of protection.

Kareko said they plan to mobilise funds and get legal expertise to recover zones where illegal title deeds had been issued.

“Eventually, we shall seek legal revocation of title deeds issued out to individuals on Kaya forests, hence we shall need lawyers and resources to go to court and demand that the laws be respected,” said Kareko.

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ISSUE 101, September 1-30, 2014

Unfiltered, uninhibited…just the gruesome truth

Pastoralists opposed to construction of mega dam on Ewaso Nyiro River

By HENRY OWINO Residents of Isiolo, Laikipia and Samburu counties are up in arms against plans by the national Government to construct a mega dam on Ewaso Nyiro River.

The proposed dam is a flagship project of Vision 2030 at Oldonyiro, Isiolo County by the National Water Conservation and Pipeline Corporation for serving Isiolo’s new Resort City and is estimated to cost KSh10 billion.

However, an estimated three million vulnerable pastoralist communities whose lifeline is the Ewaso Nyiro River ecosystem see it as a cause for potential conflicts among them and hence the reason they oppose the planned project.

It is for this reason that over 200 pastoralists including women and children from three counties together with 30 camels walked over 250 kilometres for five days with an aim of sensitising stakeholders on the importance of conserving Ewaso Nyiro River ecosystem.

Oppose

Dubbed as “Camel Caravan for Climate Change Adaptation 2014” the procession was flagged off at Merti Township in Isiolo County for communities living on the lower streams of Ewaso Nyiro River together with residents of Ol-Naboli Band in Laikipia North, within the upper streams.

The pastoralists had a solidarity concern, protecting, preserving and conserving the Ewaso Nyiro River which is their main source of livelihood as well as their livestock and wildlife found in the area.

The Government intends to construct the mega dam upstream on Ewaso Nyiro River at Oldonyiro to supply water to upcoming city and irrigate nearby horticultural farms among things. Oldonyiro River is Kenya’s second largest river after the Nile.

Ewaso Nyiro River, is currently under threat of drying up as result of climate change. The residents depend on the river for water not only for their livestock but also for domestic use. There are those that do fishing in the river and provide food for their families.

According to Mohamed Diba, Cordaid Kenya Disaster Risk Reduction expert, said construction of the dam will affect water supply and energy for at least three million pas-

toralist communities living downstream of Ewaso Nyiro River.

Diba fears that the dam will interfere with normal water flow and the reduction might cause a major conflict downstream amongst communities and even with wildlife. He urges the national government to consult widely with county governments before installing such a project.

“The dam’s construction by the National Water Conservation and Pipeline Corporation for the Isiolo Resort City will adversely affect water and energy supplies for all the local communities living downstream of the Ewaso Nyiro River,” Diba cautioned. He explained: “It therefore remains a major cause of potential conflict among the estimated three million pastoralists whose economic lifeline is the Ewaso Nyiro River.”

The same sentiments were echoed by community members who further called on their local leaders especially governors to stop the dam’s construction. They noted that construction of the dam will have negative environmental and social impact to their lives and should be stopped.

“We will not accept the mega dam ‘s construction on the Ewaso Nyiro River. The Constitution is very clear that community’s views and participation is mandatory for any project that either County or national Government wants to initiate in an area,” said Halkano Dabado.

He added: “The community will not take this dictatorship by national Government lightly at the expense of our lives. We depend on this river for our entire lives, so anything that would cut it short and impact on our economic livelihoods and resilience is neither accepted nor welcomed.”

On his part, Isiolo Governor Godana Doyo assured the residents that if the dam will mean losing life to any living thing in the county then he will not tolerate it. He said no project can be installed in Isiolo County without his approval.

Doyo regretted that a river that serves three million people as well as livestock and wildlife the Government wants to divert its water flow because of the resort city project.

“Let me assure the residents who benefit from the Ewaso Nyiro River that no single life will be lost because of dam construction. It is better to leave the dam alone and save millions of lives depending on the river,” Doyo asserted.

However, according to Hadija

Lepayo, one of the community leaders, the three counties are dissatisfied with the delays in the development and enactment of comprehensive County-level Climate Change Adaptation Policies by their leaders.

According to Lepayo the project on climate change is fully funded and the county government should look for friendly investors who can spur economic growth in the region. She wants actions taken on rapid climate change mitigation in the region.

Lepayo wondered why national Government was interested in the County that they had ignored for many years. She urged women not to tire in their fight to protect the river and its water from any kind of diversion.

Isiolo Governor, Godana Doyo, addresses the media and vows to protect Ewaso Nyiro River to the hilt. (Above) Ewaso Nyiro River Photo: Henry Owino.

“Women in this region walk for several kilometres in search of water during the dry spell and the only source of the precious commodity is the Ewaso Nyiro River,” Lepayo observed. She added: “We do not want to invite more problems, better we prevent it now by refusing that no mega dam construction takes place.”

Ewaso Nyiro River flows from Mount Kenya and it provides most of the water flow during long and short rains to the region’s residents.

The upper Ewaso Nyiro River Basin is located to the north and west of Mount Kenya.

The basin covers an approximate area of 15,200 kilometre squares, approximately six per cent of Ewaso Nyiro North drainage basin. The river flows through Nyandarua, Nyeri, Laikipia, Meru, Samburu, Isiolo and Nyambene being shared by four counties.

Currently the land use plan with

in the project area has undergone rapid changes over the past 30-40 years. In Laikipia plateau and on the slopes of Mt Kenya, sub-division of the land into small holders or fragmentation from the original large commercial tracks of land is still being experienced.

Settlement schemes have put a lot of pressure on natural resources such as water, vegetation, forests and wildlife habitats. Most of the settlers residing on slopes of Mt Kenya and the Laikipia plateau have introduced land use practices that are not suitable to dry or range lands.

The area has undergone significant change with conversion of traditional grazing lands, natural forests and bush lands into smallscale subsistence farms. Due to population explosion, the demand for natural resources has increased exponentially thus affecting peaceful coexistence, human and livestock

Dictatorship

health as well as agriculture, tourism, water and energy supplies.

The water deficiency has also been associated with less snow on the cap of Mt Kenya that is linked to global warming which is further aggravated by effects of industrialised nations and cumulative effects of human activities.

The pastoralists living downstream of the Ewaso Nyiro River are the vulnerable population, heavily dependent on the basin natural resources for their basic survival. Although the residents lack capacity to formulate plans and strategies of optimally utilising the natural resources, they are keen on conserving the rivers.

“We will not accept the mega dam ‘s construction on the Ewaso Nyiro River” Godana Doyo

Executive Director: Arthur Okwemba Editor: Jane Godia Sub-Editors: Carolyne Oyugi, Joyce Chimbi and Odhiambo Orlale Designer: Noel Lumbama, Vida Joan Okumu

Contributors: Charlotte Kay, Omondi Gwengi, Robert Nyagah ,Duncan Mboya, Henry Owino, Mary Mwendwa, Jesse Sikali, Titus Murithi and Caroline Oyugi, Malachi Mutano.

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