Present at the event were women leaders in the judiciary, media, corporate and non-governmental organizations. It was noted that each of the guests represented triumph over obstacles and a reason to believe for the aspirants present that there is light at the end of their journey.

Speaking at the event, Atsango Chesoni from KHRC pointed out that the Women in Leadership initiative is designed to ensure more women are elected into public office come the 2013 general elections. She added that the female aspirants are still disadvantaged as compared to their male counterparts locally and their female counterparts regionally. She noted that Rwanda for example has a female majority in parliament while Kenya had less that 10% representation in the 10^th Parliament.

Atsango’s sentiments were echoed by Lindey Wafula an aspirant for the Makadara National Assembly seat who decried the little funding allocated to women candidates by the political parties. Ms. Wafula who previously contested for the same seat during the 2010 by elections said despite splitting of the constituency, she still has to pull in vital resources for the over 120,000 voters registered in her constituency.

The media as an election stakeholder also came into the spotlight as it was noted there is a huge disparity in the coverage of male and female candidates. Media coverage statistics it was noted are heavily inclined towards personality rather than issue-based politics and this has locked out most of the unknown female aspirants from the spotlight, denying them a platform that balances out the skewed playing field.

Other speakers at the event amplified sentiments raised above and called for the aspirants not to give up on their quest to have the female presence in public office. Njeri Kabeberi of the Centre for Multi- Party Democracy spoke on the gains in the women movement, lauding recognition that women rights are now considered as human rights. Grace Maingi from URAIA delved into the journey that has been women in leadership the long road. Winnie Lichuma from the National Gender and Equality Commision asked the aspirants to aspire for a legacy by having their politics driven by a vision of tomorrow. She noted that indeed people go into politics for various reasons and its only with a desire to serve the public that will the aspirants succeed as public servants.

Indeed for all the aspirants, having their names on the ballot paper represents a major milestone for women on the road to leadership. By bringing women leaders together, KHRC hopes that the gains made in women’s movement will be amplified and that women in leaders will form the cornerstone for the vision of Kenya’s future.

About the candidates:

• There are 1026 women candidates who will be on the ballot
• Presidential Candidate                       1
• Governor                                             15
• Senator                                                17
• Women Representative                      340
• National Assembly                              153
• County Representative                       500

• Kisumu leads with 3 followed by Uasin Gishu and Taita Taveta each with 2 gubernatorial candidates each. Only other 8 counties will have a woman gubernatorial candidate.

• 17 Women candidates will vie for Senatorial seats with Nairobi, Nyandarua and Busia each fielding 2 female candidates.

• Kisumu with 12 and Kiambu with 10 lead in number of candidates nominated for National Assembly seats with 12 and 10 respectively. Narok, Kericho, Mandera, Wajir, Marsabit and Tana River have no women aspirants for the National Assembly seats.

• Nakuru with 59 candidates leads the country in County Representative aspirants followed closely by Homa Bay 34, , Nairobi 27, Kilifi 24 and Nandi 22. On the flip side, Lamu, Marsabit, Mandera, Bomet, Elgeyo Marakwet, Kericho, Narok, Bungoma and Busia have no women candidates for this position.

• Counties with most candidates are Nakuru with 80, Nairobi 46, Homa Bay 45, Kisii 39, Machakos 37, Kilifi 34 and Muranga 33.

• Counties with the least candidates are Kericho and Narok with 5 each and Mandera and Bomet with 6 each.

Statement Calling Upon Kenyans to Ensure the Integrity of and Accountability for the Upcoming General Elections, 4^th March, 2013

The Kenya Human Rights Commission (KHRC) is issuing this position in light of its mandate of working towards a human rights state and society and within the context of the upcoming general elections scheduled for the 4^th of March, 2013.  The Commission believes that entrenching the culture of constitutionalism especially the implementation of the Constitution of Kenya, pro-people laws and policies and the democratic governance of elections are critical in the realization of this vision.

The upcoming elections are critical as they will be the first under the new constitutional dispensation ushered in by the Constitution of Kenya (2010).  Consequently, they will mark an important new step in the governance of our nation.  They are also the first national elections to be conducted after the tragic violence that occurred in 2007/2008.

The promulgation of the Constitution of Kenya (2010) was an important step in instituting a culture of accountability, respect for the rule of law, protection of human rights and principles of integrity in the governance of Kenya.  Article 3 calls on “every person to respect, uphold and defend” the Constitution. Article 10 of the Constitution provides that national values and principles of governance include: transparency, the rule of law, human rights, non-discrimination and the protection of the marginalized. These values and principles bind all State organs, State officers, public officers and all persons whenever any of them applies or interprets the Constitution, enacts applies or interprets any law; or makes or implements principles of governance.

Furthermore article 73 of the Constitution provides that:

Authority assigned to a State officer is a public trust to be exercised in a manner… that brings honour to the nation and dignity to the office; and promotes public confidence in the integrity of the office.

We note that all elective offices to be contested in the elections are state offices and that therefore our new President, Parliamentarians, Governors and Members of the County Assemblies will be bound by the provisions of Chapter Six of the Constitution and article 73.

We note with regret that, to date, only six individuals have been prosecuted and convicted[1] for their role in the post-election violence and that many Kenyans are still homeless as a result of politically related violence[2].  The issue of justice for victims and survivors of the 2007/2008 post-election violence is yet to be addressed; this amongst other factors therefore casts a shadow over the upcoming general elections.

It is on the basis of the foregoing that we register our strong disagreement with the decision delivered on 15^th February, 2013 by the High Court in Petition Number 552 of 2012 (as consolidated) on the question of the interpretation and enforcement of the leadership and integrity provisions of Chapter Six of the Constitution. We are of the opinion that this decision is erroneous in law and greatly undermines Article 22 of the Constitution.

Specifically, the decision to award costs to the Respondents sets a bad precedent on the conduct of public interest litigation. The ruling on costs is particularly chilling to individual citizens who wish to exercise their right to defend and/or protect the Constitution through courts. The ruling is a complete negation of Article 3, which obligates citizens to defend and protect the Constitution. It is therefore unfortunate that the High Court, having the jurisdiction to interpret the Constitution, chose to abdicate this duty to other constitutional bodies, which have in the past demonstrated their inability and unwillingness to interpret and implement the Constitution, especially in regard to Chapter Six.

We take this opportunity to remind Kenyans that Kenya’s legacy of impunity as manifested in inequality, failed institutions and bad governance practices led to the macabre scenes of violence experienced in the country in 2007/2008. Respect for the Constitution, and in particular the Bill of Rights and Chapter Six on Leadership and Integrity, is therefore absolutely critical to promoting a culture of constitutionalism.

The Kenya Human Rights Commission does not endorse any political party, or alliance of political parties.  The KHRC is committed to the rule of law and respect for human rights.  We therefore reject the election and appointment of any individual credibly implicated in and accused of any crimes and misconduct including crimes against humanity; economic crimes, gross human rights violations, moral turpitude or violations of any provisions of the Constitution. No matter who wins the March 2013 general elections, the KHRC will continue to engage in an active, peaceful campaign against impunity and will undertake a campaign to vindicate the values contained in our Constitution. We therefore call upon Kenyans to ensure that the upcoming elections meet the highest threshold of the rule of law, integrity, transparency, accountability, equality and respect for human rights.

Thank you

Signed:

Professor Makau Mutua, Chairperson, the Kenya Human Rights Commission

Ms. Betty Murungi, Deputy Chairperson, the Kenya Human Rights Commission

Mr. Davinder Lamba, Member of the Board of the Kenya Human Rights Commission

Professor Karuti Kanyinga, Member of the Board of the Kenya Human Rights Commission

Ms. Mumina Konso, Member of the Board of the Kenya Human Rights Commission

Mr. Mwambi Mwasaru, Member of the Board of the Kenya Human Rights Commission

Mr. Tade Aina, Member of the Board of the Kenya Human Rights Commission

Ms. Atsango Chesoni, Executive Director of the Kenya Human Rights Commission

STATEMENT OF CONCERN BY HUMAN RIGHTS DEFENDERS ABOUT INCREASED THREATS BEING FACED BY HUMAN RIGHTS DEFENDERS AND JOURNALISTS

We as human rights organisations are gathered here today to express our concern about the increased incidence of threats against human rights defenders.  We have noted with concern over the past six months an increasing trend in threats against human rights defenders.  The incidence of such threats has in the last three months intensified.

In particular we note that individuals and or representatives of institutions that have spoken out on the issues of the ICC and integrity have in particular received threats from senior members of the National Police Service.

We note that during the month of December, after the Civil Society Working Group on Police Reforms issued their statement of concern with regards to the integrity of some candidates for the offices of IG and DIG, various members of that team received threats.  We also note the recent berating by parliamentarians of the Chairperson of the Commission on Administrative Justice, Mr. Otiende Amollo, after the Commission made recommendations with respect to the exclusion of potential candidates on the basis of integrity.

We are also cognizant of the rather unpleasant tone that has characterized discourses with respect to the ICC and a continuous trend of ridiculing individuals who have spoken in support of the process or on the issue of witness protection.  In this regard we would particularly like to express concern about the situation pertaining to the Chairperson of the Kenya Human Rights Commission (KHRC), Professor Makau Mutua.

There has been recurrent harassment and intimidation of HRDs through threats, arbitrary arrest and detention and malicious prosecution of HRDs who have raised concerns with regard to deteriorating security situation at urban slums, and those at the forefront of highlighting corruption and champions for the rights of the poor and marginalized groups in the society is a cause for concern.

We have also received reports with regards to various journalists and other human rights defenders who have undertaken investigative work. We are concerned that these threats could have the effect of creating a climate of fear which is not conducive as the country is approaching the electoral period.

We wish to remind our fellow citizens that Kenya is a state party to the Rome Statute, to which it acceded voluntarily.  Furthermore the citizens of Kenya overwhelmingly voted for the Constitution in 2010, Chapter Six of the Constitution which enshrines the principles of leadership and integrity are a fundamental part of the principles and values that we as Kenyans have agreed to be bound by.

We urge all state organs and in particular the IEBC, the National Police Service Commission and EACC to support the initiatives being engaged in by the Kenyan people to ensure that we have leadership that meet the integrity standards that are laid out in our Constitution.  We commend the CAJ, Independent Police Oversight Authority (IPOA), CIC, KNCHR, the Judiciary and other bodies that have been standing up on issues of integrity.

We ask the Kenya Police Service, National Police Service Commission and IPOA as well as other state organs charged with the responsibility of security to reassure the public and human rights defenders that they have put in place measures to ensure their safety particularly in the lead up to and after the elections.

At a time that they should be concerned about the security of Kenyans, MPs are once again planning how to raid Treasury. We call on all Kenyans to say no to this robbery of the country by the MPs.  We say no to state funerals! No to exorbitant send offs! No to diplomatic passports! No to greed and ransacking of the Kenyan people!

We demand that the country’s resources be directed at addressing the critical security situation and ensuring peace for our country women and men in the Tana Delta, Baragoi and Mathare. We urge Kenyans not to make the mistake of voting for continued greed.  We urge President Kibaki not to assent to these obscene demands.  In view of this, we urge Kenyans of all walks of life to show up in large numbers on Monday to protest against this greedy and obscene conduct by parliamentarians.

We shall be gathering  on Monday January 14, 2013 at 9.00am at the Freedom Corner, Uhuru Park, Nairobi  where the mass action march will begin.

Since July 2012, KHRC has been engaged in monitoring the electoral processes in the lead up to the March 2013 general elections through its Electoral Processes Monitoring Center KHRC would like to commend the Independent Electoral and Boundaries Commission (IEBC) for its efforts toward ensuring that voter registration process is on course.

Particularly the KHRC lauds the IEBC on: 1) the expeditious manner in which the registration exercise is being carried out; 2) the IEBC’s publication of voter registration centers across the country through the local dailies; 3) the IEBC’s use of various ICT platforms to encourage members of the public to register to vote including SMS updates and alerts; 4) the conduct of its registration officials who have been open and transparent concerning the registration process including the challenges being experienced; 5) the quick response of the IEBC to the various concerns raised by civil society and other actors concerning the registration process; and 6) the cooperation offered by the IEBC Commissioners and Secretariat in pursuing a transparent and apposite registration process.

The KHRC, however, is concerned about the low numbers of people that have so far turned out to register for the upcoming polls in 2013 and has noted the following issues that need to be urgently addressed by the relevant state and non-state actors:

1. The low registration figures in the counties within the former Coast, Rift Valley and North Eastern Provinces: the updated figures published by the IEBC on the number of individuals registered in the more marginalized areas indicate extremely poor turn-out in Kwale (30%), Kilifi (41%), Turkana (27%), West Pokot (33%), Trans Nzoia (39%) Wajir (25%), Mandera (16%) and Garissa (27%). This has been occasioned by a variety of factors including the logistical complexities of conducting registration in the largely nomadic communities in the aforementioned areas, poor transport and communication infrastructure, lack of identification documentation due to protracted vetting processes and centralized collection points, insecurity and voter apathy.

Recommendation: KHRC recommends that the government provide special assistance to the IEBC including facilitation of air travel and to assist IEBC registration officials to locate and register members of the aforementioned nomadic communities through the process of mobile voter registration. Further, IEBC should consider employing mechanisms to reach people who live in vast Wards  with poor infrastructure and have problems reaching registration centres nearest to them, for examples Wards in Western Kenya, Lower Eastern and parts of Rift Valley.

2.  Insufficient information on the location of the registration centres and “nomadic” nature of some centres: While it is commendable that IEBC has released information on the location of the registration centres, it is also of concern that this information is piece-meal and at times inconsistent. Many people are still asking on social media where to find their registration centres while others go to register only to find that the advertised centre was only available at a certain time and is no longer available, and there is no indication where next to find a centre. This is at most demoralizing to would-be registered voters. It is also of concern that to date, IEBC has not published the list of registration centres on its website, which could be of much help.

Recomendation: KHRC recommends that IEBC publishes the full list of all the registration centres in the daily newspapers at once rather than on unpredicted different days for ease of access to information. Further, this information should be made available on the IEBC website and other ICT platforms.

3. Low collection of ID documents by the youth and individuals form marginalized areas: KHRC has, in monitoring the registration process, noticed that a significant portion of the youth as well as individuals in the marginalized areas face being locked out of the registration process due to the lack of identification documentation (i.e. national identity cards or passports). Indeed, KHRC noted that most of those being turned away from the registration centers are individuals with waiting cards – largely comprising of the youth.

KHRC realizes that there are numerous identity documents already processed by the Ministry of State for Immigration and Registration of Persons (MSIRP) and disseminated to the respective provincial and district administrative offices where they remain uncollected.

Recommendation: The KHRC would like to request the MSIRP to, where practicable and in light of the importance of the registration process, engage ICT platforms such as SMS’s to alert citizens, whose identification documentation have been processed, to proceed to collect the said documents from the relevant offices.

While it is commendable that IEBC has declined the use of waiting cards for the registration process, KHRC further petitions  President Kibaki not to assent to amendments by Parliament  to the Elections Law providing persons with waiting cards eligibility to register with the said cards. While we fully support the initiative to have as many registered voters on board as possible, we also strongly believe the process should not in any away impair IEBC’s ability to secure a legitimate and credible voters register as waiting cards can be easily counterfeited. The process of counterfeiting may raise the additional challenges of ascertaining those with valid and invalid waiting cards and bring the process into reproach.

4. Voter migration: KHRC has noted that a good number of voters, while working in urban centers prefer to register in their rural or the so called ethnic areas/regions. Some of those who highlight this preference are concerned over security in the aftermath of the polling process in view of the violent outcome of the 2007 elections. Others prefer to vote in their rural homes out of the habitual a desire to elect leaders from their respective rural areas of origin. Some people may be unable to go and register in their preferred rural constituencies because of the cost in implications of having to travel three times, first to register, second for the Christmas holidays and thirdly to eventually go and vote.

Recommendation: KHRC  appeals to citizens to re-evaluate their choices as to the location of registration based on the criterion of greatest and most proximate interest – i.e. if one habitually resides and works in a particular area, then his/her civic duty to elect representatives at county and national level is best exercised with regards to aspirants who will represent those areas in which he/she works and resides. It is indeed a waste of one’s right to suffrage if one will vote for a representative from a rural location based on mere paternal interests over a representative in whose jurisdiction one habitually resides and works.

Moreover, KHRC  challenges the national security agencies in the country to highlight to the public all security measures being taken to ensure a peaceful electoral process in 2013 both during and after the elections.

5. Low turn-out among women: KHRC has also noted the fact that in most areas, there has been low turn-out among women with regards to registration. There is indication that this is attributable to a variety of factors with the most common being apathy among women voters as well as work commitments of most women of voting age. Indeed, many women have been known to report to registration centers late in the evening hours after the days registration has been concluded. These largely include domestic, farm and industry workers.

Recommendation: KHRC appeals to all employers in the formal and informal sectors to allow employees leave for the strict purpose of registration in light of the importance of the upcoming electoral process. KHRC also calls upon all women to turn out and register if they are to participate in influencing the governance of the country.

Conclusion:

In light of these  challenges facing the registration process and the need to secure legitimacy of the electoral process in 2013 through genuine and popular elections, the KHRC calls upon the relevant state agencies and the IEBC to apply all measure possible, including extending the registration period by one week, to secure the registration of the initially targeted 18 million voters.

The KHRC implores all Kenyans to exercise their patriotic conscience by registering to participate in the upcoming electoral process and selecting such persons as will serve the sovereign men, women and children of this country and honour the Constitution of this republic.

Sincerely,

Atsango Chesoni, Executive Director

The Ford Foundation Champions of Democracy Award was created by the Ford Foundation Eastern Africa office as a one-time special honor that will provide $100,000 grants to 10 extraordinary leaders and their organizations to celebrate five decades of working with people and organizations on the frontlines of social change.

While addressing the award recipients, Maurice Makoloo, Ford Foundation’s East African Regional Representative said, “ You have been selected not only because you are leading innovators in your fields, but because your ideas and programs have the potential to shape national or global outcomes.”

Since the foundation’s work began in Eastern Africa in 1962, the region has witnessed tremendous transformation. Economic opportunities have grown. Stronger institutions are emerging. Good governance is increasingly becoming a reality. There is also an expansion and deepening of democracy and respect for women’s rights which has increased dramatically. These successful 50 years in East Africa, Ford Foundation attributes to the direct result of the partnership between the foundation and visionary partners like the KHRC and the other nine honorees.

“You and our other nine honorees represent the vision, courage, commitment and willingness to take risk that are necessary to bring about lasting social change”, said Mr. Makoloo, adding that, “ We hope that the will open greater opportunity for each of you to promote and advance the breakthrough work you are leading.”

For 75 years, the Ford Foundation has been committed to strengthening democratic values, reducing poverty and injustice, promoting international cooperation and advancing human achievement worldwide. The KHRC echoes the Ford Foundation Eastern Africa office’s sentiment that in deed it is an honour to work with the Ford Foundation and look forward to seeing the KHRC vision grow.

General Observations:

The stakeholders supported the rationale of consolidation of the multiple laws and institutions (state corporations) that regulate the many crops cultivated in Kenya reducing costs to the tax payer. However, the forum took issue with lack of consultative process with key stakeholders in development of the bills, prior to their tabling in parliament.

As general observations on the two bills, the forum recommended the need for the bill to promote value addition before crops are exported so that farmers get higher returns and are cushioned from exploitation by key players in the value chain through inclusion of a formula that provides for a minimum price for all scheduled crops.

Specific Observations, concerns and recommendations:

The stakeholders have raised the following specific observations and recommendations on the ALFFA Bill, 2012 and Crops Bill, 2012:

ALFFA Bill, 2012:

1. That the functions of the Authority be expanded to include promotion of best practices in and regulation in matters of financing farm inputs and harvesting. Specifically, on the functions of the Authority, it was recommended that the Cabinet Secretary in consultation with the relevant stakeholders should scientifically determine and set a crop pricing formula for every scheduled crop. This is critical in ensuring farmers get a fair return, as currently benefits and risk sharing across the value chain is not equitable, with farmers being the main losers.

1. On the board of the authority(ALFFA), the forum raised concerns that whereas the statutes to be repealed provided for a higher growers’ representation through elected directors, this seems to have fallen through the cracks in the proposed bills.  The forum hence recommended that: chairperson appointed by the President be approved by National Assembly; that in place of the 4 appointees of the cabinet secretary, there be eight persons, being farmers representatives, elected by the farmers to represent such major crop subsectors in Kenya. Specifically, there is need for provision  that the Cabinet Secretary shall develop rules/regulations for the election of the members of the board and provide for a mechanism to ensure that not more than two thirds of the members so elected are of the same gender.

1. That the bills need to appreciate the participation of farmers through farmer’s organizations in development of policies or regulations or in the making of any major decisions that has effect on the agricultural sector, currently not factored in. This is for the sole purpose of ensuring effective participation of farmers in the governance of the agricultural sector in Kenya.

1. On the finances of the authority the forum recommended the need for a ceiling on the funds to be spent on administrative expenses  of the Authority;

1. That in dealing with Noxious and invasive weeds (Part IV), the county government should provide the technical support to the eradication of noxious and invasive weeds, as the county government has a constitutional responsibility for plant disease control as provided for in Fourth schedule of the COK, 2010. This is as opposed to having the farmer to bear the sole responsibility and or shouldering the financial costs that arise from such clearance by the county government as currently provided in the bill.

between the players will be dealt with. For instance, the Sugar Act 2001

1. That compared with the current statutes set for repeal with the adoption of the Crops Bill and ALFFA Bill, there is an apparent gap in how arising disputes established the Sugar Arbitration Tribunal. The forum recommended that an alternative dispute resolution mechanism for conflicts arising between different players in the sector be developed at the county level.

vii. The forum also recommended that the Authority in consultation with the relevant Ministry should develop regulations setting the decent working conditions and minimum wages applicable to workers in the agricultural sector.

THE CROPS BILL, 2012

1. That there is need to expand interpretation section to include more terms for enhanced clarity including  “Breeding Programmes “, ”Compulsory certification”, “Voluntary certification”, “outgrower institution”, “co-operative societies”, “dealing in crops” specify who the “dealers” are;

1. That additional provision on the promotion of scheduled crops be factored in to cater for promotion of value addition as a condition for export crops, and crops exported without value addition should attract higher taxes. And that specifically, there is need for formulation of general and specific policies and industry agreements to regulate the minimum period within which farmers should be paid for their crops and financial penalties for delayed payments.  Currently some farmers are not paid promptly.

1. That farmer’s organizations should be recognized as representatives of growers, and this should be reflected throughout the Bill. The Bill should also specify that whenever farmers have agreed to allow deductions of their earnings to farmers’ institutions, the party responsible for effecting such deductions should comply e.g. the millers. This will allow for the growers to support the farmer organizations of which they are members.

1. The forum took note of possible overlap of functions of the subsidiary bodies (section 33 of the Crops Bill) with the directorates established in section 11 of the ALFFA Bill. The forum recommended that instead of establishment of subsidiary bodies, the Directorates established in ALFFA should carry out these functions.  In addition, the establishment of multiple subsidiary bodies will result in a large work force and high wage bill. We support lean effective Directorates.

1. The forum noted with concern that as opposed to current Acts on sugar, coffee; the proposed bill has no provisions on regulating the relationships between different players in the sector, on crop pricing  and on industry wide agreements. The stakeholders proposed the need for the cabinet secretary in consultation with the stakeholders to come up with regulations on these aspects.

1. The stakeholders also noted with concern that whereas rice, which is a major food crop is a scheduled crop in the First Schedule, over-regulation of this crop should be avoided. The forum proposed that the Irrigation Act, Cap 347 which currently regulates its production in the irrigation schemes, should be repealed.  Similarly, the National Irrigation Board should be dissolved as the rice sub sector should be regulated under one law. In itself, Cap 347 defeats the spirit of Crops and ALFA bills, and has provisions that are unconstitutional, retrogressive and if not repealed the sector will still over-regulated.

We are particularly glad that the interview process upheld the principles of transparency with uninhibited participation of the public, the civil society, the media and international observers. For this we laud the NPSC. We further recognize the extra effort the Commission has expended in expediting the interviewing process, recommending the successful candidates and forwarding their names to the relevant authorities for appointment. We are appreciative of the fact that the Commission worked long hours including weekends to ensure strict observance of recruitment deadlines.

Whereas, we are cognizant of the fact that the NPSC has had to balance various interests including gender, academic qualifications, experience, integrity and regional balances in recommending the candidates for appointment, we strongly call for a closer scrutiny of the recommended candidates with a view to ascertaining their suitability for the jobs.

The PRWG-K sat through all the interviews as observers and prepared a report which was presented to the NPSC before it identified the nine individuals for appointment to the three positions. Our reports interrogated the suitability of each of the twenty seven candidates’ on the basis of their integrity (as outlined in chapter 6 of the constitution), professionalism, academic qualifications, experiences and the general ability and willingness to steer forward police reforms.

We have reviewed the nine names recommended for appointment and wish to state as follows:

1. That we are particularly concerned that some of the recommended candidates had serious integrity and suitability issues raised against them by the public, the civil society and other agencies during the interviews. These allegations range from corruption, drug trafficking, contempt of court processes and their role in during the 2007/2008 PEV. As such we call for a thorough and comprehensive review of the suitability of each of the recommended candidates to ensure the much needed police reforms are steered by competent and reform minded individuals.
2. In particular, we call upon the NPSC to outline to the public their specific findings on the suitability of the following:

i) Ms. Grace Syombua Kaindi: What were the Commission’s findings on her role during the 2007/2008 PEV in Kisumu where she served as the PPO at the height of the violence? Did the Commission investigate her alleged reluctance to cooperate with the ICC in procuring evidence to prosecute the perpetrators?

ii) Mr. David Mwole Kimaiyo: What were the Commission’s findings on his role during the 2007/2008 PEV? Under what circumstances was he transferred to the Ministry of Gender at the height of the PEV?

iii) Mr. Francis Ndegwa Muhoro: Did the Commission investigate his alleged roles in the DRC gold syndicate, contempt of court accusations and drug dealing?

iv) Mr.Samwel Arachi: Did the Commission investigate serious accusations of ethnic favoritism and corruption raised against him during the interviews?

In view of these concerns, we wish to bring to the attention of the appointing authority

the High Court three-judge bench’s pronouncement in the case against the appointment of Mumo Matemu as the chairman of the Ethics and Anti-Corruption Commission (EACC) that, “The Court will interrogate whether the appointing authority undertook a ‘proper inquiry’ before pronouncing whether the appointee has reached the constitutional threshold for appointment. In other words, the Court will not merely be satisfied by the fact that the appointment process seemed to have gone through the procedural hoops.” 

1. The Parliamentary Committee on Administration and National Security should engage the public, the civil society and other agencies in undertaking objective research on the recommended candidates before tabling the names in parliament to ensure that any allegations against them are clearly and transparently addressed. This will ensure that those with questionable records do not assume leadership of the NPS.
2. We wish to state that these recruitments are not ordinary as they touch on the very heart of the existence of this country: National security. Even more important the recruitments are meant to restore the confidence of Kenyans in the NPS as a critical cog of the country’s socio-economic and political stability. It is therefore imperative that the country gets competent, transformational, proactive and strategic thinkers for these critical positions. We therefore call upon His Excellency the President and the Right Hon. Prime Minister and Parliament to consider these important factors in appointing the top command of the NPS.
3. We reiterate our earlier call to all Kenyans with any information on the suitability of any recommended candidate to come forward and present it to us, to the Parliamentary Committee on Administration and National Security or to Parliament. Information on corruption, human rights violations among other ills will particularly be useful in further evaluating the recommended candidates.
4. Finally we strongly urge the NPSC to expedite the process of vetting all police officers serving in the NPS, starting with the top 100 senior officers, as an important process in restoring public confidence in the police service 

    

We the undersigned human rights and governance organizations under the auspices of the Police Reforms Working Group Kenya (PRWG-K) wish to once again convey our deepest condolence and sympathy to all the relatives and friends of our fellow civilian as well as members of the National Police Service who have died, sustained serious injuries, or have been victims of massive destruction of property and grave human rights violations in recent incidences of violence in various parts of the country.

We take great exception that in the recent months, the country has witnessed an unprecedented spate of coordinated armed violence perpetrated by civilians or illegal organized gangs specifically targeting and resulting in the deaths of over 60 police officers, and the Kenya Police Reservists (KPR). We also note with great concern the emerging situation of apparent ‘incapacity’ of the police to manage these situations, and the emergence of the Kenya Defense Forces as key player in internal security operations, a situation that does not augur well for democracy and protection of human rights.

POLICE WELFARE AND CAPACITY

We wish to categorically state that, we wholly support the improvement of the welfare of all officers of the Kenya Police Service. We wish to restate, as we have consistently done recently, and as early as the first Constitutional Conference at Bomas of Kenya, that we are calling for improvement of living conditions, salaries, morale, transparent decision making, training, medical and life insurance, as well as equipment including facilities like forensic investigations, and other prerequisites that will transform the Kenya Police Force into a SERVICE that is concerned with the welfare of the officers and whose services citizens will be proud of.

We shall continue to gallantly champion these issues together with all other actors in government, citizens, development partners and those members of the Kenya Police Service whose desire is to transform the service. The National Police Service Commission will be a key partner in this endeavor.

IMPLEMENTATION OF POLICE REFORMS

The PRWG-K has taken a very firm and progressive position on the need for immediate and comprehensive implementation of reforms in the police force as articulated in the 2009 Ransley Report, the Constitution of Kenya 2010 and various police legislation.

To support these reforms the PRWG-K has since November 2011 take several measures including: a) we have been enjoined in High Court case where two Kenyans want the court to stop police reforms. Our position in that case is that police reforms must continue as provided for by the Constitution; b)Developed model vetting tools and guidelines for officers in the NPS and shared these tools and guidelines to the NPSC for consideration; c) We have drafted Guidelines for Policing the 2013 general elections which we will soon share with the NPSC for consideration c) We petitioned the AG to  ensure that the Judicial Commission of Inquiry on Tana violence include a specific investigation of the circumstances under which nine police officers died.

It is important for all Kenyans to know that failure to reform the police will continue to be a major hindrance to reforms in the administration of justice sector, for the police is a critical cog in the wheels of justice, and occupy a critical seat at National Council for Administration of Justice and Court Users Committees in the 47 counties.

SPECIFIC POSITION ON RECRUITMENT OF INSPECTOR GENERAL AND DEPUTIES

We wish to state that contrary to impressions created by sections of the media over the last one week we recognize and laud the National Police Service Commission (NPSC) who have initialized the recruitment process for the Inspector General (IG) and the two Deputy Inspector Generals (DIGs) to command the Kenya Police Service (KPS) and the Administration Police Service (APS), by expeditiously and successfully completing the interviews for the three positions and forwarding their names to the relevant authorities for consideration and appointment. We are particularly glad that the interview process upheld the principles of transparency with uninhibited participation of the public, the civil society, the media, local and international observers.

Whereas we appreciate the efforts made by the NPSC to balance various interests including gender, academic qualifications, experience, integrity and regional balances in recommending the candidates for appointment, the working group recommends that the serious integrity issues ranging from corruption, drug trafficking, contempt of court and role during the 2007/2008 post election violence leveled against four of the nine recommended candidates by the public, the civil society and other agencies during the interviews, be investigated and the reports made public to enhance public confidence and accountability.

At our press conference on Thursday 22^nd November 2012, we did not reject the nine nominees but urged the NPSC to go public and communicate to Kenyans their specific findings on these individuals to confirm that indeed the commission made serious consideration of these allegations and complaints, and what their position is. This request in itself does not amount to blocking police reforms, but is an endeavor in upholding requisite levels of integrity as provided for by the Constitution.

MOVING FORWARD

We note with appreciation that police reforms have now gathered momentum as we approach the March 2013 general elections. This is most welcome coming from a situation where police were highly indicted for their failure to police the resultant violence of 2008.

It is for this reason that we call upon the NPSC, the President, the Prime Minister and Parliament to expedite the appointments of the Inspector General, two deputies and the Director of CID to ensure that we go to the elections with a new, but most important a CENTRAL POLICE COMMAND.

We urge the new police leadership to move with speed and put in place adequate measures to secure the electoral environment, and prevent the 2007/2008 scenario and the scenes we have seen in Tana River, Mombasa, Kisumu and Baragoi.

In this regard we commit to share and discuss the development of Police Guidelines for Policing in an Electoral Environment to provide for a standard procedure for police officers’ conduct in the forthcoming general elections. These guidelines need to include reporting and response mechanism for Sexual and Gender Based Violence (SGBV), among other critical components.

Lastly, we commit to remain vigilant, monitor and continue to advocate for and support comprehensive security sector reforms both publicly and privately, to realise a reformed, transformed and service-oriented National Police Service.

Our support for these reforms are premised on fundamental principles as provided by the constitution including integrity, gender equity, diversity and public participation. It is on the basis of these principles that we shall continue to raise our reservations about the entire process of reforming the police including recruitment of the top command.

Signed by: Members of the Police Reforms Working Group Kenya (PRWG-K)

A cross section of children interviewed during the study say parents often try to prevent them from spending time with children from other ethnic communities or warn them against it. The children also said they feel that their ethnic communities are more superior to others and prefer to keep friends from their own ethnic communities.  The study also reveals that some ethnic communities are associated with negative attributes and 12% of children have at one time discussed throwing out an ethnic community from their area of residence.

The Study focused on 5 equality themes namely ethnicity, gender, disability, age and economic status covering total of 844 questionnaires, 24 focus group discussions and 24 key informant interviews. The majority of the schools (10 out of 12) had pupils from different ethnic communities. Other findings of the report indicate that although 55% of the children interviewed agree that girls are as brave as boys, they exclusively accord boys the right to decision making and the right to protection from war. The findings also show that school children consider people 65 years and over as poor leaders, lacking appropriate wisdom, while those less than 19 years are dismissed as inexperienced and irrelevant.

The study was inspired by the realization that children were not only affected by the 2007/8 post-election violence, but in some cases formed part of the perpetrators.  Children aged 15years and above formed part of the youth militia that spread inciting messages and meted out violence following the 2007 elections. This realization raises questions on how much the primary, secondary and teacher training curricula invest in teaching children about equality/ non-discrimination and encouraging a culture of diversity.

A related study titled ‘Curriculum Opportunities to Teach Children on Equality and the Constitution of Kenya, 2010’, identifies numerous opportunities to begin teaching children tolerance with respect to national diversities in ethnicity, gender, age, disability and wealth or economic status. This comes at a time when the Ministry of Education is reviewing its curricula at various levels to ensure compliance with the new Constitution.

In view of the findings and recommendations of the two studies, the Kenya Human Rights Commission (KHRC) has developed and released ‘Attack of the Shidas: AKAs Save Planet Earth’ a story book for children aged 9-15years. The book creatively addresses discrimination on the basis of ethnicity, gender, age, disability and wealth status through a deep friendship between three children from different ethnic communities, one of whom is a blind girl. The book is conceptualised to bring equality and human rights debate to school children and their teachers as well as parents.

“Attack of the Shidas:AKAs Save the Planet” is the story of three communities who live in a desert town which depends on a lone borehole for all their water.  But the people are threatened when they discover that the water is mysteriously being emptied at night. Three children in the town discover they have special powers as only they, can see and hear the  invisible water thieves that bring with them numerous other problems to the three communities. Yet nobody believes what the children have to say, because these three children possess special powers of equality and tolerance that enable them to see what others in their communities cannot see.  Can the children stop the aliens before war breaks out in the town?

“Attack of the Shidas:AKAs Save the Planet” is among the first to venture into the genre of science fiction to address the very delicate and contentious issue of discrimination by providing simple and practical messages to children in an entertaining manner. The storybook has been  pre-tested among pupils and students of 5 primary  and one secondary school as well as 15 teachers  drawn from Siaya, Kitale, Marigat, Kwale, Wajir and Nairobi (Kawangware, Kibera, Musa Gitau, Mathare and Lavington).

-

According to the children who have read the storybook, its greatest attribute is that it makes children who are tolerant of ethnic and other diversities the super heroes, whose special powers come from having skills to recognise and confront discrimination in the form of hate speech, songs, poems, sayings, proverbs and even jokes in the form of  ‘mchongoano’ often used by children. The storybook is expected to impact on children’s knowledge, attitude and practices on equality / non-discrimination.

Attack of the Shidas: AKAs Save Planet Earth confirms that it is possible to innovatively use the curriculum to deliver education that is relevant to Kenya’s current needs. Relevance is one of the goals of the Education for All (EFA) campaign which the Kenya government has been party to since 1990 when the 1^st EFA conference was held in Jomtien and the second in 2000 where Kenya was represented by Hon. Kalonzo Musyoka, then the Minister for Education

With equality/non-discrimination being one of the key values embedded in the Constitution of Kenya 2010, it is clear the Ministry of Education is on the right path in its review of primary, secondary and teacher training curricula to give equality, tolerance and peace building the weight they deserve in the socialization of Kenya’s children.

The Kenya Human Rights Commission (KHRC) envisions a Kenya that respects, protects and promotes human rights and democratic values. The KHRC’s objective is to enable the society to attain equal and accessible rights and opportunities for all; specifically,  endeavour to prevent discrimination across all levels of society including in the school setting.

The report findings and the story book  were launched on 10^th September 2012 at the Hilton Hotel in an event presided over by Hon., Mutula Kilonzo, EGH MP., Minister for Education.

The book is retailing at various  Nakumatt Books First outlets in Nairobi for KES. 400.00

It is also available at Amazon on http://www.amazon.com/Attack-Shidas-Planet-Earth-ebook/dp/B0091D8V2Q/ref=sr_1_19?s=books&ie=UTF8&qid=1347276253&sr=1-19&keywords=storymoja

Atsango Chesoni

Executive Director

For more information on this book and report anplease contact

Kenya Human Rights Commission (KHRC)

Beryl Aidi

Tel: 254-20 2044545

Email: baidi@khrc.or.ke