Articles on climate Governance

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Climate change law shoved to 4th president

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he Constitution of Kenya, 2010 provides a clear guide and commitment to ecologically sustainable development. Kenya’s development plan the Vision 2030 also presents the country’s goal of becoming a middle-income country and providing a high quality life to all its citizens. On the other hand, the country’s vulnerability to climate change poses a threat to achieving long term development goals as well as sustainable development. As if this is not enough, corruption and mismanagements of public resources further jeopardizes attainment of the blue print as well as sustainable development. Appropriately designed legislative and institutional frameworks are vital components of climate change governance and crucial to achieve effective Policy and action plan implementation. Without clear and well defined structures in place there will be significant obstacles in translating climate change response from concept to reality. Lack of a climate change legislation in Kenya was seen remains a great gap that led to passing of a motion in parliament in 2009 through a private member to draft a Climate Change Bill. Dr. Wilber Ottichilo hence approached the Kenya Climate Change Working Group – a network of civil society organizations working on climate change to assist him in drafting the bill. The bill was taken through public consultation and was passed by parliament but rejected by the president. The rejected bill proposed establishment of a high authority to coordinate climate change activities in Kenya, this role now remains under the Ministry of Environment and Mineral resources. The Climate Change Unit established by the National Climate Change Response Strategy (NCCRS) in 2010 plays this pivotal role of coordinating climate change activities. The unit has in the past two years since its establishment been coordinating development of National Climate Change Action plan. While establishment of a unit to coordinate climate change in Kenya is a positive step, housing it at the ministry of Environment has received lot of criticism. Climate change is not

an environmental issue but rather a development problem that should be addressed by all sectors of the society and economy. Second, being housed at the Ministry of Environment called for budgetary allocations through the Ministry meaning that this ministry should be implementing adaptation programmes in all sectors in collaboration with other ministries. While this in writing may be possible, the underlying politics of which ministry is higher than the other has been an issue impeding programmes implementation in the ministry leading to a less than 50% burn rate of the allocated budgets. The question of who is in control of the budget always arises and therefore leaving participating ministries officials purporting to implement programmes that do not ultimately count in their performance contract. Proponent of the bill therefore hoped to address this gap in climate governance structures of Kenya. All hopes are not lost though; the Kenya Climate Change Action Plan 2012 provides room for development of a climate change policy. The draft policy mentions that in the past, agencies of the Government, Civil Society Organizations, the Private Sector, International Development Partners and United Nations (UN) Agencies have pursued a wide range of strategies and programmes to prevent and respond to the effects of climate change in Kenya. However, these initiatives have taken place without a coherent policy framework and therefore appeared to be reactive and uncoordinated. The draft Policy is being developed to provide a clear, concise articulation of the Government’s overall climate change response priorities. It is designed to frame and provide policy guidance for specific, detailed and costed policy measures as articulated in current and future climate change action plans. Given that climate change affects core economic, social and environmental activities, the Government recognizes that this Policy must facilitate a coordinated, coherent and effective response to the local, national and global challenges that climate change presents.

Judy Ndichu

mainstreaming approach that ensures all relevant government and sectoral entities implement the policy in their core functions. This means that mainstreaming climate change just like it is Gender and HIV/AIDS issues becomes a obligatory and contributes to performance contracts of other ministries( Agriculture, water, energy, forests and wildlife, planning). In the draft policy the Government recognizes the urgency of putting into place safeguards to prevent corruption, theft and misuse of financial resources allocated to building climate resilience and catalyzing low carbon growth. It further states that the government will enhance application of anti-corruption and other integrity legal and policy mechanisms to safeguard climate finance. This is a progressive provision that civil society should ensure services to the final policy. While it does not explicitly mention the anti-corruption mechanisms to be enhanced, it creates an opportunity to advocate for its keeping in the policy. In light of the changing governance system in Kenya, the transition to devolved government, and the need to effectively implement climate change responses, it is necessary to review the overall legislative and institutional arrangements that administer climate change actions. Similarly, the various sectoral laws will need to be analyzed for potential amendments to enhance their capability to tackle the immense climate change challenges, and exploit emerging opportunities. All is not lost in the race to give Kenya a legislative framework on Climate Change. TIKenya will closely monitor and advocate for maintenance of the anticorruption mechanisms, to safeguard climate finance. The process of developing an improved Climate Change Bill. The writer is Programme Officer, Climate Governance Integrity Programme

The policy proposes adoption of a climate change The Future i n Our H ands

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Integrity in leadership the only saviour for Kenya in the upcoming general elections By Jacob Otachi

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hat is integrity? This is a question that many, more so the political class, are afraid to face. Some oriental theories paint a picture of integrity being an abstract concept to be discussed in an ideal world. To a vast majority of Kenyans, a person of integrity is one who is morally upright, incorruptible, honest and who keeps their word. But not so to the Kenyan political class, who, as

history has shown, betray these basic elements of integrity. Ask a Kenyan on the street who their leader is and you will get shocking responses. First, these are persons who appear during the election period, promise heaven on earth, lavish us with new 50 shilling bank notes but once elected into office, they vanish only to reappear when another election is around the corner.

T h e F u tu re i n Ou r H ands

To divorce integrity and leadership and hope to have an accountable and transparent society is futile. Common knowledge supports the assertion that integrity is essential for effective leadership. Authors like Covey, Morrison and Badaracco have written about the importance of integrity for leadership not leadership for integrity. Reality however indicates that in order to get trustworthy and reliable leaders, potential candidates have

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to be subjected to a rigorous vetting process. A good legal framework alone may not enhance a value based system providing leaders of integrity and eliminating of poor leaders whose main objective of joining politics is to seek an avenue to serve their own selfish interests. Realising that Chapter Six of the Constitution of Kenya 2010 and particularly the clauses on leadership and integrity would knock many of them out of the running for public office, current members of parliament did the predictable thing: They participated in trudging on the will of the people by passing a leadership and integrity bill diluted by cabinet. This clearly displayed the fact that the present crop of political leaders we have in Kenya are afraid of their own shadow. “Tell that to the birds” is their favourite quote. But lest they forget, the value system set up by the current constitution and the rise of social accountability will not provide them room to escape scrutiny.

But lest they forget, the value system set up by the current constitution and the rise of social accountability will not provide them room to escape scrutiny. More Kenyans are now aware of the kind of the leader they want. They want a leader who will take care of their CDF kitty without allowing a few corrupt cronies to benefit from the public resource. They want leaders who will work to ensure that public healthcare facilities are well staffed, equipped and have quality drugs. They want a leader who is guided by the rule of law, who respects them, a leader who is noble in the altruist sense and above all a servant.

The electioneering period in Kenya is usually very busy with politicians presenting themselves as saviours of the people while seeking political office and leadership positions. They sweet talk Kenyans into placing them in public office by promising them heaven on earth. The lords of impunity awake from their slumber in pursuit of political office. They will tell how the others ate, while they watched! This must not happen under your watch. We have a candid and golden opportunity to redeem our lost glory through the ballot and this first election under the new constitution which we overwhelmingly voted for. The Chinese have a saying that the best time to plant a tree is 4o years ago and the next best time is now. Vote integrity. By Jacob Otachi The writer is a Deputy Programme Officer, Advocacy & Communication Programme at TI-Kenya

The Future i n Our H ands

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Feedback: “I think this is a good baseline on people’s participation and perhaps the ongoing discussions amongst the Kenyan Civil Society Strengthening program team about guided democracy or democracy by consensus as popularized by Dr. Mzalendo Kibunjia, that are aimed at developing a workable methodology for building people’s participation in identifying leaders in line with provisions of the constitution…” – Roselyn Mungai commenting on an article titled “Public participation in governance gives Kenya a chance against graft and poor governance” on TI-Kenya blog on http://tikenya.wordpress.com

“On behalf of the silent majority Kenyans, I would like to grab this early opportunity to thank Chief Justice Dr. Willy Mutunga’s NEW FOUND JUDICIARY for scoring a first; by securing conviction for a handful of the former untouchables in the Tourism sector scam…” - Kemboi David Kiplimo commenting on http://www.facebook.com/TransparencyKenya on a video post of a news story concerning the conviction of former KTB chairman and Tourism PS for their role in a corruption scandal at the Ministry of Tourism. “Information that is collected for public good should equally be made available to the public for scrutiny and to ensure that public interest are taken into account” - Beatrice Okundi from Nairobi, Kenya on signing the online petition for freedom of information in Kenya. http://www.change.org/petitions/i-demand-my-rightto-know Lest we forget past corruption cases - Celine Moraa - Nairobi Hon. Kibaki, Raila, Kalonzo you promised Kenyans that you will leave no stone unturned. Please can the three of you tie a heavy tug of war rope on your waists to assist you pull together and at least turn even one stone to leave a good name in the eyes of God and all Kenyans. Visit http://tikenya.wordpress.com/lest-we-forget-past-corruption-cases/ and add your voice to the number of Kenyans demanding action on past corruption cases

T h e F u tu re i n Ou r H ands

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d/Ͳ<ĞŜLJĂ ĆšĆŒÄ‚Ĺ?ĹśĆ? žĞžÄ?ÄžĆŒĆ? ŽĨ ƚŚĞ <ĞŜLJĂ Ć?Ä?Ĺ?ĞŜÄ?Äž ŊŽƾĆŒĹśÄ‚ĹŻĹ?Ć?ĆšĆ?Í› ĹśÄžĆšÇ Ĺ˝ĆŒĹŹ By Margaret Wairimu

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ransparency International Kenya through the Climate Governance Integrity Programme conducted a capacity building workshop for members of the Kenya science journalists’ network on climate governance. Climate Governance Integrity Programme staff took the journalists through a session on how to report climate change issues. The journalists were also engaged in a session where they identified areas they consider to be of ‘news value’ including content, prominence, bizarreness, human interest, proximity, money/economic aspect and new information that climate change and climate governance present. Speaking at the workshop, one of the journalists noted that getting news stories on climate change issues is a challenge, pointing to the reluctance of media outlets to commit adequate resources to climate change stories, getting up to date information from organizations, and communities not always willing to provide the information.

Participants at the workshop also discussed an alternative angle on the need to also report positive impacts of climate change for the public to read as not everything on climate change as commonly portrayed by the media. By doing so, citizens will be better informed opening up the opportunity for innovations even on the part of the public to try and create opportunities out of climate change. TI-Kenya organised this workshop to tap into the power of the media as an agenda setting industry to advance climate governance advocacy in Kenya.

DĞŜĞŜĹ?Ä‚Ĺ? Ĺ?ÄžĹ˝ĆšĹšÄžĆŒĹľÄ‚ĹŻ Ć‰Ĺ˝Ç ÄžĆŒ ƉůĂŜƚ͗ ĆľĆŒĆ?Äž Ĺ˝ĆŒ ĹŻÄžĆ?Ć?Ĺ?ĹśĹ?Í? By Margaret Wairimu

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he geothermal power plant in Menengai, is it a curse or a blessing to the people living in the area? A sentiment by one TI Kenya staff during their recent trip with journalists from various media stations to the venue was that the geothermal development company seems to have a very ambitious plan of digging 59 wells in that crater. In her opinion this will affect the micro-climate of that area, cause further wildlife disturbance and with so many wells dug in one area it poses a geological danger as the area is above an active volcanic region. This is ultimately likely to putt the lives of residents at risk. The site is located at least one hour’s drive from Nakuru town. It is located in the Menengai crater which is a protected area in Kenya. The area was selected to be a geothermal site due its high potential of very high temperatures underground that are necessary for steam production. The GDC have a tree nursery at their site which is their community

initiative and greening project. The nursery provides the communities with tree seedlings which they plant for use as wood fuel. This is supposed to prevent the communities from cutting the indigenous tree species within the crater and at the same time serve purposes of a forestation which the crater very much needs. On close observation the crater is undergoing a forest rejuvenation process as there are not many trees but shrubs which are a sign of the forest regenerating. Wildlife also does pass through the site at night but during the day it is very rare to observe wildlife. During the whole process of drilling the wells some families were displaced and while GDC claims to have compensated them this is yet to be verified. As much as the project is helping the people in the area it comes with various challenges to the same people. It is our hope as TI-Kenya that GDC will endeavour to protect the community and the environment in their future expansion.

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d/Ͳ<ĞŜLJĂ ĆšĆŒÄ‚Ĺ?ĹśĆ? žĞžÄ?ÄžĆŒĆ? ŽĨ ƚŚĞ <ĞŜLJĂ Ć?Ä?Ĺ?ĞŜÄ?Äž ŊŽƾĆŒĹśÄ‚ĹŻĹ?Ć?ĆšĆ?Í› ĹśÄžĆšÇ Ĺ˝ĆŒĹŹ By Margaret Wairimu

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ransparency International Kenya through the Climate Governance Integrity Programme conducted a capacity building workshop for members of the Kenya science journalists’ network on climate governance. Climate Governance Integrity Programme staff took the journalists through a session on how to report climate change issues. The journalists were also engaged in a session where they identified areas they consider to be of ‘news value’ including content, prominence, bizarreness, human interest, proximity, money/economic aspect and new information that climate change and climate governance present. Speaking at the workshop, one of the journalists noted that getting news stories on climate change issues is a challenge, pointing to the reluctance of media outlets to commit adequate resources to climate change stories, getting up to date information from organizations, and communities not always willing to provide the information.

Participants at the workshop also discussed an alternative angle on the need to also report positive impacts of climate change for the public to read as not everything on climate change as commonly portrayed by the media. By doing so, citizens will be better informed opening up the opportunity for innovations even on the part of the public to try and create opportunities out of climate change. TI-Kenya organised this workshop to tap into the power of the media as an agenda setting industry to advance climate governance advocacy in Kenya.

DĞŜĞŜĹ?Ä‚Ĺ? Ĺ?ÄžĹ˝ĆšĹšÄžĆŒĹľÄ‚ĹŻ Ć‰Ĺ˝Ç ÄžĆŒ ƉůĂŜƚ͗ ĆľĆŒĆ?Äž Ĺ˝ĆŒ ĹŻÄžĆ?Ć?Ĺ?ĹśĹ?Í? By Margaret Wairimu

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he geothermal power plant in Menengai, is it a curse or a blessing to the people living in the area? A sentiment by one TI Kenya staff during their recent trip with journalists from various media stations to the venue was that the geothermal development company seems to have a very ambitious plan of digging 59 wells in that crater. In her opinion this will affect the micro-climate of that area, cause further wildlife disturbance and with so many wells dug in one area it poses a geological danger as the area is above an active volcanic region. This is ultimately likely to putt the lives of residents at risk. The site is located at least one hour’s drive from Nakuru town. It is located in the Menengai crater which is a protected area in Kenya. The area was selected to be a geothermal site due its high potential of very high temperatures underground that are necessary for steam production. The GDC have a tree nursery at their site which is their community

initiative and greening project. The nursery provides the communities with tree seedlings which they plant for use as wood fuel. This is supposed to prevent the communities from cutting the indigenous tree species within the crater and at the same time serve purposes of a forestation which the crater very much needs. On close observation the crater is undergoing a forest rejuvenation process as there are not many trees but shrubs which are a sign of the forest regenerating. Wildlife also does pass through the site at night but during the day it is very rare to observe wildlife. During the whole process of drilling the wells some families were displaced and while GDC claims to have compensated them this is yet to be verified. As much as the project is helping the people in the area it comes with various challenges to the same people. It is our hope as TI-Kenya that GDC will endeavour to protect the community and the environment in their future expansion.

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Using technology to uncover climate financing

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he saying that “what you see depends on where you stand� was never truer than with Information Communication Technologies (ICTs). We are in an era where rapid progress of science and technology is pushing aside traditional methods of doing things including governance. ICTs have found their ways to almost every sector including education, health, environment among others. They not only act as faster means to access information and communicating but also provide an efficient and effective means to reaching many audiences.

ĹŻĹ?žĂƚĞ 'Ĺ˝Ç€ÄžĆŒĹśÄ‚ĹśÄ?Ğ͗ The field of Climate Governance involves a myriad of governance issues including decision making on recipient of climate funds, the implementation of projects, legal and policy frameworks, public participation and institutional strengthening. Undeniably, ICTs are likely to transform Climate Governance by making available information via cell phones, satellite radio and TV broadcasts and above all the internet.

A number of actionable ICT solutions have been engaged such as knowledge management, co-ordination, development of ict applications and monitoring tools in addressing governance issues and a best example is the e-learning tool.

ͲůÄžÄ‚ĆŒĹśĹ?ĹśĹ? ĆšŽŽůÍ— Transparency International’s Climate Governance Integrity Programme has launched a pilot free online course in addressing governance risks in the field of climate finance. The course provides rapid and effective stepwise instructions on frameworks of how to assess climate funds and carbon finance mechanisms; to ensure their operations are adhering to high ethical standards. The course, available online from any destination, uses of text, imagery, audio, video, interactive exercises, games and animation to impart knowledge. Topics include the scope of current climate financing with an interactive map provided on how much money and where is it going. There is also a self-test on the learner’s

By Jacob Orina

grasp of issues relating to governance systems and climate finance in their country as well as general governance challenges. Doubtlessly, the e-learning tool will play a key role especially encouraging participants to become involved in monitoring climate finance decisions and projects thus limiting opportunities for mismanagement or abuse. ICTs therefore have become a key driver in the governance arena and its advantages are innumerable; significantly is the low costs and effective management but they are not an end in itself. The writer is a Deputy Programme Officer in the Advocacy & Communication Programme at Transparency International Kenya

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t 5SBEF EFWFMPQNFOU BOE SFHVMBUJPO XJUIJO county; t $PVOUZ QMBOOJOH BOE EFWFMPQNFOU t $PVOUZ IFBMUI TFSWJDFT BOE t 1SPWJTJPO PG BHSJDVMUVSBM TFSWJDFT XJUIJO UIF county. t &YFSDJTF PG PWFSTJHIU PO UIF $PVOUZ Executive Committee; t "QQSPWJOH QMBOT BOE QPMJDJFT PG UIF $PVOUZ Executive Committee; and t "QQSPWJOH QFSTPOT UP CF BQQPJOUFE as members of the County Executive Committee. The County Assemblies are required to conduct their business in public and enhance public participation while carrying out their functions.

What is the County Executive Committee? The County Executive Committee comprises the county governor, the deputy county governor and members appointed by the county governor with the approval of the County Assembly. The County Executive Committee members appointed will not be members from the County Assembly. This is intended to enhance separation of powers between the Assembly and the Executive Committee. As in the case of National Assembly, it is intended that persons appointed as members of Executive Committee are appointed based on their expertise. Roles of the County Executive Committee: t Implement county legislation; t Implement laws enacted by the national government, and t Manage the functions of the county administrations and its departments. The County Executive Committee is required to provide to the County Assembly regular reports in matters relating to the County. The members of the Committee are answerable to the governor who is the chief executive. The county governor and deputy county governor shall not hold offices for more than two terms.

When voter education becomes key on social media

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oubtless, Kenya’s first general elections under the Constitution of Kenya, 2010 scheduled for March 4th deserves a lot of voter education. Unlike the usual 3 tier system, voters are used to; a total of 6 positions will be on the ballot paper namely: presidential, senatorial, gubernatorial, parliamentary, women and ward representatives. Other emerging issues include: implementation of the constitution, devolution to county systems, leadership and integrity social vetting, insecurity and the gender equation. New media has been increasingly used to mobilize citizens, hold government officials accountable, and to document abuses and fraud. This has enhanced access to information and social vetting which is a fundamental process in voter education; is achievable. For instance, facebook groups have been created; voter education pages and blogs have been established to share information. Sometimes this goes viral and has a greater reach than the traditional printed material and receives instant feedback and reactions from the citizens. Social media also allows bypassing of traditional media groups that often have corporate or ideological bias that shape their reporting. The culture of transparency could be no truer than it is with social media, it acts as a public sphere where public opinion is shaped. Only with a tweet, a small event that could have easily been swept under the proverbial rug of ‘politics’ can be instantly broadcast to the light of day and create public debate and backlash especially if perceived to not be in the best interest of the respective electorate. Current trends indicate most young people are “techno savvy” or at-least they own a phone with internet capability! This has suddenly eliminated the wall of obscurity that politicians and leadership could live in. Social Media remains very important in awareness creation leading up to the next elections in Kenya. Many Kenyans are engaging in constructive political discourse among themselves, on roles of the elective positions, linkages between National and Devolved

T h e F u tu re i n Ou r H ands

Jacob Orina

government and other far electoral issues. Organizations such as IEBC, Nation, google Kenya, TI-Kenya and even candidates have created online portals and pages intended to share information related to elections. With a voter register of 14.3 million according to IEBC, and less than 45 days remaining before the elections, a need to reach out to potential voters has made social media a darling! The would be candidates, supporters, voters , parties and observers employ new media not just as a source of information but to pass on messages on key issues such as legal requirements, election offences, integrity and above all election monitoring. In the 2007 general elections, social media was dubbed as having transmitted messages that were perceived to have fuelled the post poll chaos. Having this potent to promote good or evil in equal measure and as its influence grows by the day; social media will continue to dominate the conversations online in Kenya and in the region as well. The Communication Commission of Kenya (CCK) has purposed to sniff, monitor, regulate and take action on anonymous culprits who would potentially distort information. This move potentially signifies the power of social media. Voters may highly be dependent on these sites and share information, create general awareness, and above all inform them on Decision March 4th. The writer is Deputy Programme Officer, Advocacy and Communications Programme

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