A newly released monitoring mechanism has revealed disturbing evidence that the Cessation of Hostilities Agreement (CoHA) reached eight months ago between the Ethiopian Federal Government and Tigray People’s Liberation Front (TPLF) is marred by significant gaps impacting the protection of civilians.

The monitoring mechanism, which is the creation of a coalition of regional and international civil society organisations, has published its findings in a report entitled Ethiopia Watch: Civil Society Monitor of the Cessation of Hostilities Agreement. The report collects and analyses data from both private and public sources, creating a comprehensive, and independent, assessment of the African Union-brokered peace deal.

The mechanism’s report describes the CoHA as a momentous achievement that has improved the situation in Ethiopia. But the report finds, and meticulously details, critical gaps that derive from both the limited scope of the agreement and failures in its implementation.

The 26-page report is being released in the lead-up to the African Union summit, which will convene in Nairobi from 13 to 16 July.

''The report reveals that it is dangerous to claim that Ethiopia is now at peace,'' said Dismas Nkunda, Executive Director of Atrocities Watch Africa, which is a member of the civil society coalition that established the mechanism. ''While there is much to celebrate about the AU-led peace process, more work remains to be done. The deal must be fully implemented and resourced. It should be extended to include other key conflict actors throughout Ethiopia. And it must be expanded to include the full participation of young people, women and girls.'' 

The sources utilised for the report—many of whom shared their insights on the condition of anonymity—challenged the predominant narrative that the conflict in Tigray is resolved.

While it is true that the worst days of the war have passed, the report’s sources point to the significant gaps outlined in the report as evidence that the peace is tentative, uncertain and fragile.

• The report details how Eritrean troops remain present in parts of Tigray, where they are accused of killing civilians, committing sexual assaults and perpetrating forced disappearances. The regional civil society groups involved in the monitoring mechanism call upon the Federal Government of Ethiopia to specifically call for Eritrean forces on Ethiopian territory to leave.
• The report describes how conflict has persisted and intensified in Amhara and, to a lesser extent, in Afar, committed (as in the case of attacks by Eritrean troops) by non-signatories to the peace The fate of politically contested land (in Western and Southern Tigray) remains unaddressed explicitly by the agreement and yet is clearly a driver of ongoing alleged ethnic cleansing in Western Tigray, instability and conflict in the neighbouring region of Amhara.

''The limitations in the agreement threaten to unravel the progress made so far, and the African Union policy organs can and must fortify the agreement in order to ensure sustainable peace in Ethiopia,'' said Achieng Akena, Executive Director of the International Refugee Rights Initiative, also a member of the civil society coalition that established the mechanism.

• The report notes that Article 4 of the CoHA commits the parties to condemn any act of sexual and gender-based violence. Yet there has been little or no public condemnation by the parties of sexual violence by their own troops, neither of incidents arising since the CoHA was signed nor of incidents during the conflict. The report further details how women were absent from the official delegations of the parties to the peace talks.

''The level and brutality of gender-based violence committed by all parties to the conflict makes it imperative that women and girls play a central role in the peace process and any transitional justice process,'' said Annah Moyo-Kupeta, Executive Director of The Centre for the Study of Violence and Reconciliation, which is also a part of the civil society coalition.

• The report finds a startling lack of transparency in the work of the official AU Monitoring Verification and Compliance Mechanism (AU-MVCM). The AU's monitoring team works with few resources and a limited mandate, the report shows. At the same time, its efforts to gain access to areas held by forces not party to the CoHA deserve recognition and political support from the AU.

The coalition calls on mediation and monitoring to be scaled up, including by appointing civilian human rights and gender experts to the AU-MVCM.

''It is important to make use of the institutional memory and the resources that the continent and the African Union has at its disposal and deployed in previous situations to solve wicked problems in the past,'' said Shuvai Busuman Nyoni, Executive Director of the African Leadership Centre. ''Let Africa seriously consider what has worked, what can be tweaked and forge ahead decisively and without reservation."

• The report explores the plight of hundreds of thousands of Internally Displaced Persons (IDPs) who are in urgent need of greater support and security. IDPs, who have no legal entitlement to education, health, housing welfare, and jobs, are living at the mercy of the individuals and communities that are helping them.

“While remaining in situations of protracted displacement, many Internally Displaced Persons and other vulnerable populations face inequality particularly in access to basic services, housing, land and property. The Ethiopian Government must support Internally Displaced Persons (IDPs) in achieving a durable solution of their choice to their displacement,” said Davis Malombe, Executive Director of the Kenya Human Rights Commission.

The civil society coalition recommends that the Federal Government urgently introduce a policy framework for IDPs across Ethiopia and grant them legal status as part of country-wide national reconciliation measures.

• The report confirms the findings of numerous news reports about the systematic diversion of food aid by Ethiopian and Tigrayan authorities.

‘‘The Federal Government and the TPLF must abide by their commitment under the CoHA not to divert food aid and assistance and should both urgently investigate persistent reports of such diversion and hold perpetrators to account,’’ said Abdullahi Halakhe, who is the East, Horn and Southern Africa Senior Advocate with Refugees International.

The African Union's leaders have a special responsibility to insist that the parties adhere to the CoHA and ensure that the peace deal serves as a basis for future, better agreements across Ethiopia, the report concludes.

''As a single agreement, the CoHA is a positive start for peace and reconciliation in Ethiopia,'' the report says. ''Despite its successes in silencing the guns in Tigray, the CoHA represents the floor, rather than the ceiling of what can be achieved for Ethiopians. The scope of future agreements must be enlarged, if lasting peace is to be achieved across the country.''

Notes to editors

To interview members of the civil society coalition that established the monitoring mechanism, please contact Ernest Cornel of Kenya Human Rights Commission: ecornel@khrc.or.ke for press queries.

The report can be read in full here

Following the nation-wide Saba Saba protests across the country, we have witnessed the police, yet again, lobbing tear gas to otherwise peaceful protesters, arbitrarily arresting peaceful protesters and brutally handling them. For instance, in Nairobi, 17 human rights defenders have reportedly been arrested in Nairobi CBD by police during the protest. We witnessed protesters being dragged on the ground while others were being carried to the police vehicles to be transported to police stations.

In Vihiga County, 8 human rights defenders were arrested and detained in Mbale Police Station as they marched to present their petition to the relevant state agencies while in Turkana County, three human rights activists were arrested. In Kisii, Migori and Mombasa Counties, the police disrupted the protests by throwing tear gas and in other instances, stones to the crowds. In Kisumu, police lobbed tear gas to the protesters which created tension in the CBD leading to businesses being shut down.

All these come a few days after Mbeere North Member of Parliament Geoffrey Ruku, in what appeared to be a move to tame the opposition and anti-government protests, proposed an amendment Bill to regulate the conduct of demonstrations and actions of picketing. In the Bill, the MP proposed that organizers of protests be held liable for any damage or loss of lives and property, and that those who engage in outlawed protests be liable for one-year imprisonment.

The Saba Saba protests have led to a series of events that we condemn:

1. The arbitrary arrests of peaceful
2. The police brutality experienced by peaceful protesters.
3. Police officers disrupting peaceful protesters by throwing tear gas and stones at the
4. Police refusing to accept notifications of the protests and using this as an excuse to label peaceful protests as “illegal”.
5. The excessive and arbitrary use of force by police

We reiterate that the Constitution of Kenya Article 37 gives any person the right to protest, picket or petition any public office while peaceful and unarmed. Article 33 confers the right to self -expression. These rights should not be denied or interfered with by police or any government officers.

We, therefore, call upon:

• The National Police Service to adhere to the law and conditions as to the use of force as per NPS Act and Service Standing
• The Ministry of Interior & National Administration and particularly the Cabinet Secretary to engage all key stakeholders in consultation forums to ensure that the proposed regulations and amendments to Public Order Act are within the constitutional
• IPOA to conduct investigations on the human rights violation to establish the level of police compliance with Article 244 of the Constitution, the Public Order Act and all regional and international legal instruments that Kenya has
• The immediate release of all the arrested peaceful
• The Kenya Kwanza government to take action on the demands made by Kenyans during the Saba Saba

Signed by;

The closure of Kenya’s 2022 General Elections left one thing tacitly clear as top level priority that warranted urgent reforms, in the words of the contending political protagonists, and total overhaul and transformation, in the eyes of civil society: EDUCATION

So, some breath of fresh air, relief and high hopes were noted when President William Ruto through a Gazette Notice number 11920 published on 30 September 2022, notified the public of the establishment and appointment of persons to a Presidential Working Party on Education Reforms – PWPER - under the chairmanship of Prof. Raphael Munavu, with powers and capacities to initiate and inform Education reforms by consulting and receiving information from public and experts on areas touching on Basic Education, tertiary/TVET and university Education as per the gazetted Terms of Reference, and carrying out such other functions necessary to undertake any matter incidental or ancillary to the Education reform agenda.

However, more than 276 days later since the Working Party began its work, more confusion devoid of clear direction seem to cloud the path to reforms. Snippets of half-baked and poorly digested piecemeal interventions have become the hallmark of the Administration’s change process. Nothing serene has been forthcoming in having a proper guide to the Education sector in terms of addressing the myriad of challenges choking the sector.

Financing - Chronic underfunding of Education sector needs ( teacher recruitment,research, special education, capitation grants)  continues to be normalized. Besides, perennial delays in disbursement of capitation and other grants have become the order of things. These have caused unimaginable disruption of Education processes. There have been wastage of learning time as most schools have resorted to sending away students frequently to collect school fee balances. In addition, there occurs delayed payment of suppliers, Board of Management (BOM) academic and non-academic staff affecting service delivery. Whenever the remittances arrive, there is minimal time for implementation of projects giving room for violation of procurement procedures thus acerbating corruption.

Legality of the new university funding model – through direct engagement with the media, on 3 May 2023 at State House, Nairobi, the president announced a new model of funding TVET and higher Education. This was disguised as a response addressing the challenges faced by students, colleges and universities, and in particular, the president stated that the model would be benefiting students from extremely poor backgrounds. Stuck inside and undisclosed, however, was the disproportionate increase in university fees charged for different courses, elevating such professional courses beyond the reach of economically disadvantaged students. The likelihood of poor students missing out on specialized degree courses due to infiltration and abuse of the assessment criteria. Some of the universities and colleges risk closure if they will be unable to attract significant students’ admission. The major question is where the suggestions were subjected to public participation and the electric speed with which the new model has been rolled out through KUCCPS. The administration has basically extricated itself from the responsibility of the State to finance Education and transferred this to the poor and overburdened parents.

PWPER Report – EBWG remains concerned with the piecemeal release and implementation of PWPER recommendations. We have witnessed through State House press releases the ‘launch’ of a new TVET and University funding model, the scrapping of categorization of secondary schools, the reduction of subjects for the JSS, and the transition of KNEC to Kenya National Assessment Centre (KNAC). Further query on the status of the Main Report have born no fruits.

Call to action

1. Prioritization of the release of school capitation by the Ministry of Education. Release of second term capitation yet to be done
2. Suspension of the new university funding model to allow for proper public consultation. The model has already been rolled out in the KUCCPS admission portal.
3. PWPER to officially release report for public consultation. Continuing to undertake piecemeal releases of the report smells of mischief and bad faith. We urge the president to cause the release forthwith of the final report and other interim reports that the team has produced so far as advisories to the president on the subject matter and help guide Education in Kenya.
4. Urgent review of JSS transition with a view to minimizing the damage being done to the Grade 7 students

Commitment to action

1. EBWG shall roll out a country-wide outreach programme focusing on Education Conversations to enable Kenya to internalize the minimum standards and principles of Education ideal for Kenya now and into the future.
2. EBWG shall engage key Education stakeholders starting with the Ministry of Education and relevant state and governmental agencies to facilitate understanding of the principles and minimum standards including the establishment of a National Education Fund.
3. Continue with broadened consultations for development of a comprehensive National Education Policy.

Signed on 25/6/2023.

Elimu Bora Working Group is perturbed by the prevailing crisis in Education sector in Kenya today and wish to make the following observations and recommendations -

1. Confusion in the reporting by Junior Secondary Schools: The first day - 30 January 2023 - at junior secondary schools saw the head teachers bemoan serious logistical mess. Failure by the newly recruited teachers to report to their new workstations, slow distribution of textbooks and pressure on the few available classrooms are some of the challenges that the school heads have had to contend with even as the country’s new CBC transitions to junior secondary schools. All these logistical problems only show poor preparation on the side of the government. They confirm the fears that the whole idea of Junior Secondary Schools was not properly thought through, and as such afforded proper preparations. The processions by parents and community members in some counties in Northern and Eastern parts of the country protesting the relocation of their children to schools far away from their homes speak volumes about poor levels of preparation for the transition.

Domiciling JSS in primary schools has its challenges but the government need not fold any pre-existing primary schools, especially public primary schools, but should step in to provide the needed infrastructural and human resource support to make the school be up to standard in providing JSS.

2. The level of preparedness by teachers for the junior secondary schools (Manpower): Speaking during the 2022 KCSE results release, the Chief Executive Officer at the Teachers Service Commission, Dr. Nancy Macharia, stated that the Commission has already trained 2376 master trainers who were expected to retool the new instructors for the junior secondary schools. This position is problematic to the extent that the students in the junior secondary schools may not have instructors until the training is done. It is easy to see the way the training process will be rushed in an attempt to catch up time. It would be helpful to expose the stakeholders to the training manual that has been adopted to prepare the teachers for the junior secondary schools.

Rapid recruitment, induction and deployment of teachers for JSS should be prioritized.

3. Infrastructural preparedness: While the infrastructural demands of transitioning to junior secondary schools are glaring, the reality points to poor preparations by the government to keep up with the pace. The proposed new curriculum is resource intensive yet there is no serious resource commitment by the government to ensure that all the junior secondary schools are equipped with the necessary infrastructure.

Capitation grant should be made available to schools to enable them to bridge the infrastructure gaps.

4. The issue of management of the junior secondary schools: That the government is proposing that the new established junior secondary schools be under the management of the host primary schools demonstrates an assumption of the unique management and governance needs of the junior secondary schools. Furthermore, such an arrangement runs the risk of putting a strain on the school management teams, thus interfering with their effectiveness.

The MoE should prepare and release clear guidelines that would streamline participatory school administration and management.

5. The ministry to clarify on whether it has vacated the Matiangi-Magoha directive barring the media from accessing public primary schools: Such a directive is a clear violation of the freedom of the press and the right of the public to get the most accurate picture of the state of the country’s public learning institutions.

We demand for immediate vacation of that draconian and uncalled for rule to enable the media - as the public eye – to continue accessing and reporting to the public on what goes on in schools and other learning institutions. Articles 32, 33, 34 and 35 should NOT be derogated by anyone whatsoever.

6. There are concerns of the government favoring private schools: The defunding of public schools and poorly thought through implementation of the CBC is likely to work to the advantage of private learning institutions as they enjoy direct resource intervention from their private owners. In the long run, there will be a mass exodus of pupils from public schools to the private schools.

The GoK must prioritize public Education of quality and must cease forthwith from promoting for-private schools. Direct public resources to strengthen public Education system – and NOT applying public funds for private profits.

7. The CDF bursary scam: In as much as the members of parliament have in the recent past come out guns blazing, demanding for the release of CDF funds, the recent reports on disbursement of bursaries by various members of parliament from this kitty show an opportunistic and dishonest cabal is keen on using the slightest opportunity to rob the public coffers. The latest auditor reports show that at least 1.2 billion shillings’ worth of CDF bursary funds have gone missing in some counties and constituencies. The report also shows misuse of the funds, and denial of assistance to needy and deserving learners. The scrutiny for the NG-CDF for some 50 constituencies in 2019/2020 shows that up to 797 million may have been lost to underserving students. Unless the members of parliament give a convincing response to these glaring audit queries, they lack both the moral and political justification to claim further control of the CDF bursary funds. If anything, the revelations brought forth by the office of the auditor general should attract the necessary criminal prosecution. Worse still, the Supreme Court had recently pronounced itself on the illegality of the CDF Act of 2003. The Government has disclosed that it will spend Kshs. 6 Billion on capitation grants to learners of Junior Secondary Schools for Term One and Term Two of 2023, with each of them receiving an individual capitation of Ksh.15,000 per year. This information needs to be simplified and explained to parents and school Board of Management to avoid mismanagement or double charging of innocent parents.

Elimu Bora calls for TWO options:

1. Government MUST re-commit to its national, regional, and international commitments of making BASIC EDUCATION free and compulsory hence no need for bursary.
2. Consolidate all bursary funds (MCAs, Governors, MPs, and President’s bursary schemes into ONE administered at the WARD level…. but not controlled by MCAs or Chiefs.)

8. Privatization of Public Universities: The Cabinet Secretary in charge of Investment, Trade and Industry, Mr. Moses Kuria, recently revealed plans to privatize several public universities in a bid to strengthen their financial stability. We find this style of reasoning badly flawed as it completely deserts the philosophy of education being a public good and should as such be affordable to all. If anything, the government owes its youths an opportunity for self-advancement. The privatization of university education thus alienates a significant portion of learners who may have the resource wherewithal to keep up with the cost of private training. In the circumstance, the government needs to increase the funding for public universities to enable them to sustain their operations.

We say NO privatization of Public Universities or TVET, Tertiary and Higher Education.

9. Destruction of Schools in the North Rift Valley: One of the challenges of education in Kenya is inequality, which means that those from low socio-economic backgrounds have difficulty accessing education. Central to the education reforms in Kenya has been establishing an education system that addresses relevance, equity, inclusion, and waste. The insecurity happenings in Turkana, Samburu, West Pokot, Baringo and Elgeyo Marakwet has affected learning in schools. The government has severally made public statements which do not address the menace. How will equality in education achieved in such a learning environment?

Let’s engage on the Safe Schools Agenda and let the government provide a structured framework for stakeholder participation in the process.

10. Discordance in communication with parents, teachers, students, school administrators and other key stakeholders: Education matters have become goods for juggling by all manner of persons. If the CS Trade is not giving directives on school uniforms, or threatening to privatize public universities, the other is directing teachers on how to teach, and no one is talking about funds transfers to schools. Where is the CS Education? What are the 3 PS doing?

We call upon the leadership of the Education sector to remain sober, forthright, transparent, and accountable to the stakeholders and general public so that challenges in the sector can be identified in time and addressed appropriately. Unpredictability in leadership is not helping the sector to think and act straight.

Signed by:

Members of Elimu Bora Working Group

Kenya Human Rights Commission (KHRC), Uraia Trust, Elimu Tuitakayo, Forum for African Women Educationists (FAWE), Constitution Reforms Education Consortium (CRECO); African Population Council (APC); National Students Caucus, Kenya National Interface Team (KNIT); Institute for Economic Affairs (IEA); (Universities Academic Staff Union (UASU).

PRESS STATEMENT

Sunday, 28^th May 2023, Sarova Panafric Hotel, Nairobi

EBWG Launching Minimum Standards and Principles of Education suitable for Kenya in the 21^st Century – #ELIMU BORA, SI BORA ELIMU

Elimu Bora Working Group announced to the public in January 2023 that we were embarking on a journey to help transform Education in Kenya to align with a new vision founded on basic human rights principles and a known philosophy – Education for Responsible and Productive Citizenship.

Through the reporting panel, working in consultation with the EBWG Reference Team, and with technical retreat by experts to review the report and give final inputs informing the framework and key deliverables going forward, EBWG undertook a two-staged process starting with the development of the minimum standards and principles of Education suitable for Kenya in the 21^st Century.

The panel undertook some desk reviews of available literature to inform the report and build on content. We further engaged with critical key informants and analysed key local/national, regional and international commitments that Kenya has made in advancing Education for her citizens.

The panel also reviewed reports of the past presidential task forces, working parties and commissions, right from the Fraser Commission report of 1909 which was the earliest recorded public policy for formal Education in Kenya and that which recommended some Education for Africans to provide them with simple basic skills fit to serve the local white settler community market, to the Task Force on the Realignment of Education and Training to dictates of the Constitution of Kenya 2010 chaired by Prof. Douglas Odhiambo of 2012, which recommended the introduction of a competency-based curriculum. The analysis was concluded before the report of the Presidential Working Party on Education Reforms chaired by Prof. Raphael Munavu (2022) had published its report (which is not ready yet even as at the time of giving this media brief).

It should be noted that none of the commissions delved into the basic philosophy of Education based on the African culture – UTU - that would have revolutionized learning. None of the Education reports has attempted to provide a clear vision for Education, hence Kenyans must therefore embark on recreating the philosophical foundation of Education in Kenya. None of the commissions provided solutions to the crisis of underfunding in Education with its ugly consequences of severe deterioration in quality especially in public schools. Instead, some recommendations like that derived from the Structural Adjustment Programmes imposed by the Bretton Woods institutions (World Bank and the IMF) in the 1980’s endorsed user fees in recovering education costs. Since the 90s, the government virtually stopped investing directly, in the building of new public primary and secondary schools in the country. This has left the development of educational institutions to the parents and a few private sector actors.

Now therefore, at a time when a number of Education sector changes are taking place in the country, Civil Society actors working under the Elimu Bora Working Group are keen on providing concrete minimum standards and principles of Education to enable Kenyans avoid another botched up Education reform initiative. These principles and minimum standards shall act as the GUIDE upon which Kenyans will interrogate any new Education reform initiative including the work of the Presidential Working Party on Education Reforms 2022.

Challenges -

We observe that Education in Kenya is riddled with a myriad of challenges including incoherent policy and philosophy, lack of overarching goal and vision, lack of guiding principles and concrete objectives, lack of optimal standards for defining and providing quality Education, lack of a predictable to curriculum development, class segregation, deep rooted inequalities, among others. Marginalised areas, rural and urban poor communities have been left behind.

Education for what?...

The search for a comprehensive, holistic and empowering Education policy must begin with the foundational question... Education for what? –

• does it encapsulate an empowering and inspirational national philosophy?
• does it meet the ideals and values entrenched in the constitution of Kenya?
• does it empower the learner to exploit his/her full potential?
• does it honour and adequately remunerate teachers?
• does it engender a sense of responsible and productive citizenship?
• does it place the learners and community at the centre of development processes?
• does it meet Kenya’s national development ambitions?
• does it have a financing framework that meets its goals and objectives?
• is it accessible without any discrimination?

The guiding principles –

• Education is a fundamental human right and a public good that every government has the cardinal obligation to provide.
• Education shall be inclusive, equitable and of right quality with lifelong learning opportunities for responsible and productive citizenship.
• Education shall be inclusive, equitable, available, accessible, acceptable, and adaptable for all.
• Education shall be holistic and value based.
• Education shall empower the learner with skills for the 21^st
• Education shall be founded on our rich African heritage.
• Education shall empower the learner to exploit his/her full potential.
• Education shall nurture creativity, innovativeness and critical thinking.
• Education shall be emancipatory and liberative.
• Education shall dignify the teacher and learner.
• Education is lifelong and continuing, accessing meaningful and progressive learning.

Setting the standards -

EBWG recommends:

• Education financing and accountability.

            Prioritize Education for at least the next 20 years

Implement constitutional directives of free and compulsory basic Education and work towards free higher Education, and no privatisation

Establish a National Education Fund

Establish and operationalize a framework of transparency and accountability in Education resource use

• Education infrastructure – government to provide education infrastructure devoid of discrimination on any grounds whatsoever.
• Assessment of learning achievements and Education outcomes – should not block or be a barrier to transition to higher levels.
• Education and school management – The government must stop forthwith the practice of controlling the management of public universities by appointing compliant council members and university administrators. We call for total overhaul of the University Act 2012
• Education and livelihoods – Education to support and facilitate natural resources utilization for sustainable livelihoods of the people.
• School feeding programmes to be integrated into the Basic Education cycle.
• Communities and homes be empowered as Education support systems.

Commitments of EBWG and how Action Begins –

1. Rolling out a process of developing a Comprehensive National Education Policy prototype
2. Initiative consultations for establishment of a National Education Fund
3. Securing protection of Education Reforms to be based on a National Philosophy and Human Rights Foundation

Signed by:

1. Youth Agenda
2. The Kenya Human Rights Commission
3. Elimu Tuitakayo
4. Universities Academic Staff Union (UASU)
5. Kenya National Interface Team
6. Constitution and Reform Education Consortium (CRE-CO)
7. National Students Caucus
8. Social Justice Center

20TH JUNE 2023, 09.00 (EAT)

The Police Reforms Working Group (PRWG) has supported and advocated for police reform since the promulgation of the 2010 Constitution. We are cognizant of the police reform journey especially concerning where we came from and where we want to go as a country.

Our attention has been drawn to the supremacy battle between the National Police Service Commission (NPSC) and the Inspector General of Police (IG) regarding the promotion of over 500 police officers.

How policing is carried out is at the centre of the freedom, democracy, and human rights struggle in Kenya since Kenya gained independence. Policing before 2010 was a cesspool of tribalism, nepotism, corruption, state capture and human rights violations against the people of Kenya. The police were an extension of and beholden to the regime and were used to harass and neutralise any persons who would challenge the government of the day. For acting at the behest of the political elite, they were allowed to abuse and extort Kenyans without consequence.

After the atrocities of the Post-Election Violence (PEV), where police were responsible for 400 out of 1133 deaths, police reforms were meant to realign policing to transform it into a service dedicated to protecting the life, rights, and property of all Kenyans in a professional, accountable and human rights compliant manner.

In line with the recommendations of the Philip Waki Report on Post Elections Violence, the Phillip Alston Report on Extra-Judicial Killings and the Philip Ransley Report on Police Reforms, the 2010 Constitution was explicit that a separate, independent civilian body should carry out human resource functions, i.e. the employer of all police officers in Kenya.

However, we are increasingly witnessing a clawback of these reforms. Firstly, Parliament removed National Police Service Commission’s role in the recruitment and appointment of the IG; second, Cabinet Secretaries often give operational instructions to the IG contrary to the law. The latest development, the tussle between the NPSC and the IG regarding the promotions of officers illustrates either a misinterpretation or contempt of the sovereign will of the people of Kenya.

We would like to point out clearly that the Commission is the police employer, in charge of the human resources function. We reiterate that the Commission draws its powers and functions from Article 246 of the Constitution, which gives it powers to recruit and appoint persons to hold or act in offices in the Service, confirm appointments, determine promotions and transfers, and exercise disciplinary control over and remove persons holding or acting in offices within the Service.

On the other hand, we affirm that the Inspector General is the overall commander of the NPS, and not the employer. The IG is mandated under the NPS Act to implement policy decisions, audit police operations and functioning, co-ordinate all police operations, prepare budgetary estimates and develop a policing plan. He is to determine the establishment and maintenance of police stations, posts, outposts, units or unit bases in the county and determine the boundaries of the police stations, outposts or unit bases. He is to determine the distribution and deployment of officers in the Service and recommend to the Commission.

We know that The NPSC have a working arrangement that officially delegated promotions of officers below the Assistant Superintendent of Police or Deputy OCS rank. It does not include transfers and dismissals.

The PRWG-Kenya reiterates that all human resources functions of the National Police Service belong to the NPSC. The IG (the Commander of the NPS) and 2 Deputy IGs, sit in the NPSC to ensure their concerns and input regarding operations and officers are tabled, discussed, and considered by the NPSC.

The PRWG-Kenya, therefore, demands the following: -

1. The NPSC stamp its authority regarding its mandate and jealously protects it. The sovereign people of Kenya gave them that mandate, and they are the only ones who can remove or reallocate such powers.
2. The IG forthwith ceases to disregard the law and the Constitution regarding promotions, transfers and other human resource functions. The IG’s opinion, wishes and reservations should be canvassed at the Commission level, where he sits as a member alongside his deputies.
3. The NPSC and the IG must work together to ensure Kenyans have an accountable and professional police service. The Constitution does not envisage a situation where the two offices work independently of each other.

We reiterate that the current situation is injurious to the morale of police officers, and by extension to the security and safety of all Kenyans, and should therefore be resolved without further delay.

This statement is signed by members of the Police Reforms Working Group-Kenya, an alliance of national and grassroots organisations committed to professional, accountable and human rights compliant policing.

PROTECT PUBLIC PROTESTS, PROTEST ELITIST TALKS

Press Statement: 1^st May 2023, Nairobi, Kenya

Kenya Human Rights Commission (KHRC) wishes to re-express its position on the standoff between the political elite: the regime in power and the opposition regarding the continuation of public protests slated for tomorrow and the failures of the so-called "bi-partisan talks". There is a positive relationship between the two issues and processes!

We wish to reiterate that Kenya is democratic and not a police or military state and therefore the President and County Commander (CC) of Nairobi have no mandate within the law to curtail fundamental rights and freedoms.

Public Order Act does not in ANY WAY give police (through the office responsible who in this case is the Officer Commanding Police Station-not even the President or CC) powers to allow or disallow public protests and gatherings.

It is also important to emphasize the fact that organizers in this context the Opposition under Article 37 of the Constitution have a moral and legal duty to ensure that their protests and other events are undertaken in a peaceful, non-violent manner and that the protestors are unarmed.

The role of the police is to support the organizers and ensure that those who break the law are apprehended and prosecuted civilly. We have had many situations where police work with organizers in civil society to develop a joint strategy for ensuring peaceful and successful protests. That only works when police don't work under the "orders from above". It's time we had a truly independent police service as opposed to a force.

Finally, it is unfortunate that this stalemate is being deepened by the failures of the political cabal to agree on the best process and forum for canvassing the key economic, social, and political governance issues affecting the country.

We continue to oppose the proposed bipartisan process which as we have earlier indicated with sector partners is a repeat of the previous elitist, minimalist, captured and compromised reforms that lack public interests and forestall opportunities for truly people-led conversations.

The current contestation should be about how to create a more inclusive process adding into the political group the core non-state-civic and corporate actors; expanding the agenda to espouse both the emerging critical and unresolved historic issues which are adequately documented. In a nutshell, the process should be people-centric and not driven by the selfish political interests of a few individuals.

Thus, we demand as follows:

1. Public protests that are DEVOID OF:

1. Any limitations by the regime in power
2. Violence by the police force, protest organizers and protestors.

We will be monitoring and responding to this situation closely and we also call upon the         Kenya National Commission on Human Rights and the Independent Policing Oversight         Authority to remain vigilant over the same.

2. Properly inclusive and pro-people talks and reforms, addressing the real issues affecting the citizenry.

Finally, we call upon the people of Kenya to zealously safeguard the Constitution and defend their civil and democratic rights and spaces against the capture by the political and state elite.

Press Statement - Protect Public Protests, Protest Elitist Talks

DECRIMINALISING PROCUREMENT OFFENCES UNDERMINES ANTI-CORRUPTION EFFORTS IN KENYA!

We, the undersigned civil society organisations working on promoting good governance, rule of law, transparency and accountability in government, wish to unequivocally and in unison express our displeasure on the proposed amendments contained in the Anti-Corruption and Economics Crimes (Amendment) Bill, 2023 sponsored by Mbeere North MP, Geoffrey Kariuki Ruku because they pose a significant threat to the progress made thus far in the fight against corruption.

The bill proposes to repeal two instrumental sections of the Anti-corruption and Economic Crimes Act (ACECA), 2003 – a legal framework for preventing, investigating, and prosecuting corruption-related offences and economic crimes. Hon. Geoffrey Kariuki proposes amendments to sections 45(2) (b) and (c) of the ACECA that specifically address offences related to non-compliance with procurement guidelines and the implementation of unplanned projects.

We aver that the drafters of the ACECA did not intend section 45 to be merely superfluous, lofty or ornamental to the ACT, they intended to have these sections as a substantive bite – to promote responsible and ethical practices in public procurement, ensuring that guidelines are followed and that no officer engages in a project without prior planning, to maintain transparency and accountability. Since the establishment of ACECA in 2003, provisions of section 45 have been instrumental in the successful prosecutions of several individuals involved in corruption. In fact, procurement-related graft cases have been among the most litigated provisions in anti-corruption offences. As such, any attempt to tamper with or weaken these provisions will lead to the inevitable fatality of ACECA and the war on graft. We are therefore perplexed by Hon. Ruku’s suspicious sinister and misadvised motives to propose the repeal of these sections that dictate such drastic and gross offences, which according to his proposal, should be relegated to the realm of administrative processes which are of less deterrence to individuals intent on engaging in acts of corruption.

We also wish to remind Hon. Ruku that our country loses close to one-third of its budget on corruption with procurement being the biggest avenue for graft. Kenyans can still remember the procurement-related scandals that occurred at the Kenya Medical Supplies Authority (KEMSA) during the height of the Covid19 pandemic, in which we lost about Ksh 7 billion; the National Youth Service (NYS) scandal that amounted to Ksh. 1.9 billion in losses, and the recent Mosquito nets procurement scandal at KEMSA that has seen Kenyans lose about Ksh 3 billion. These are just but among the numerous procurement-related scandals that have riddled this country despite having ACECA and other legislative, policy and enforcement mechanisms, which have not fully addressed the corruption headache and thus if anything, they need to be strengthened and not weakened. In fact, Kenyans should be more worried about the magnitude of the corruption scandals we are likely to face if ACECA is weakened.

Moreover, the current government, including President Ruto himself has acknowledged the scourge of corruption and its negative impact on the economy and realisation of the government’s goals and commitment to fighting corruption. Besides, public opinions and perception reports have indicated the high levels of corruption in government and the lack of commitment by the government in fighting corruption. A proper reflection on these facts leads to the inevitable conclusion that the MP’s proposal is misguided.

That notwithstanding, we acknowledge that Parliament in its entirety has the final mandate to debate and pass legislation. We invite Parliament, through the relevant Committee (Justice and Legal Affairs Committee) and through the plenary, to do the honourable thing for this country, and resoundingly reject the Bill. In the highly unlikely event that the Bill goes through Parliament, we ask the President, William Ruto, to reject it as it will only serve to derail his agenda to rebuild Kenya's economy as the proposed amendments only serve to escalate fraud, waste and abuse of public resources amidst a severe economic crisis.

Lastly, we call upon all other stakeholders to come together in one voice and oppose this draconian bill. We are cognisant that Kenyans are currently going through a difficult economic period with the high cost of living, rising prices of basic commodities, and high taxes. The least we can put up with is the pilferage of public funds. If we don’t speak up now against this and any other attempts to weaken our laws, things will only get worse. Power belongs to us, the people of Kenya, and we must remind our MPs that they should only be subservient to the public interest, and Kenyans are watching keenly.

– END –

Signed

1. Beather Juma Kokach ………… Regional Director, EACOR

2. Davis Malombe ……………….. Executive Director, Kenya Human Rights Commission

3.Sheila Masinde………………… Executive Director, Transparency International Kenya

4. Diana Gichengo ……………… National Coordinator, The Institute for Social Accountability

5. Caroline Gaita …………………Executive Director, Mzalendo Trust

6. Caleb Wanga…………………Usalama Reforms Forum

7. Michael Oduor ……………… Kawangware Youth Paralegal Trust

Past Learnings Must be ‘at the heart of implementing’ a Digital Identity System in Kenya

Civil society organisations in Kenya have noted with concern a number of recent government pronouncements aimed at creating a new digital identity system for all Kenyan citizens. On 13 May 2023, the Principal Secretary for the State Department for Immigration and Citizen Services, Ambassador Julius Bitok announced government plans to establish a new digital identity system for all Kenyan citizens referred to as the Unique Personal Identifier (UPI).

The Kenyan government plans to roll out the UPI initiative on 1 July 2023 with an aim to provide citizens with a lifelong identification number starting from birth that will eventually serve as an ID number. According to the government, it will be issued at birth for all newborn children in hospitals and to adults when applying for an ID.

The UPI as formulated is intended to be the main access point for citizens to access government services such as the Kenya Revenue Authority (KRA) and National Social Security Fund (NSSF), according to PS Bitok.

As civil society organisations, we recognise that a digitisation of public and government services is inevitable and has the potential to make citizen services more accessible and convenient; we laud government efforts to better serve citizens. It cannot, however, be ignored that a transition of this magnitude comes with pitfalls that must be addressed,- especially if the design and implementation process is not conducted in a transparent, inclusive and human-rights-centred manner.

Concerns in the proposed roll-out of UPI include lack of transparency on the legal basis of UPI, lack of effective, nation-wide public participation on the system, uncertainty about data protection, whether human rights impact assessments will be conducted and made available for public review, including the assessment of the risks of exclusion of millions of Kenyans, and the speed which the roll-out is being planned.

While the government is engaging a select few civil society and other stakeholders, there needs to be a broad-based engagement to ensure this initiative moves in the right direction. Lessons from Huduma Namba rollout show that if not done right, implementing digital ID systems produces further inequalities for minority and historically marginalised communities, including the Nubian, Borana, Swahili and Somali communities as well as
double registered persons (Kenyans whose biometrics are in the refugee database) who already struggle with systemic discrimination in obtaining registration and nationality documents.

The introduction of UPI could also increase inequities for vulnerable communities who do not have access to birth certificates and IDs due to discrimination, distance, cost, corruption, and other barriers and they may be further excluded from the opportunities provided by UPI.

“While it is important for the government to make changes that better the lives of its citizens, digitization of vital and essential processes - such as the identification process - bears an implication on wide swaths of the population.”

We call on the government to slow down and not rush to introduce the new digital identity system (UPI). We ask the government to instead, first engage the public, assess what needs to be done, and institute strong technological, policy and legal frameworks to guard against the long-term problems such a system is likely to bring.

“Having been through a similar but largely flawed and poorly rolled out process with the Huduma Namba, we reiterate that in order for the implementation of the digital identity system in Kenya to be inclusive and human rights centred, it is imperative that the government incorporates past learnings in a transparent manner and implements court orders arising from Huduma Namba litigation. The questions still remain; will these digital identity systems be inclusive or merely a replication of the mistakes made in the implementation of the Huduma Namba project.”

If not done conscientiously and consultatively, replicating past mistakes will almost certainly occur. While acknowledging the government’s recent commitments to issue ID cards within 21 days nationwide and issue birth certificates on the same day, we also seek redress for the lack of implementation of this directive and the administrative hurdles that have effectively denied people access to identification for so long. Those hurdles include the inaccessibility of registration centres, arbitrary and discriminatory practices used to deny people identity documents under the current ID registration process, and the shifting of this burden from communities.

As our courts pointed out before the implementation of Huduma Namba, a ‘new’ identity system must not replicate ‘old’ injustices. The government must ensure that the circumstances of historically disadvantaged communities are considered and that marginalised groups are included before introducing a new digital identity system.

LIST OF ORGANISATIONS

1. Nubian Rights Forum
2. Namati Kenya
3. Access Now
4. Kenya Human Rights Commission
5. Haki na Sheria Initiative
6. Article-19 East Africa
7. Centre for Minority Rights Development (CEMIRIDE)
8. Katiba Institute
9. Defenders Coalition

Furthermore, we call upon governments, regional bodies, and international organisations to denounce this legislation and exert diplomatic pressure on Uganda   to uphold the principles of human rights, equality, and non-discrimination. We encourage all to use their influence to support repealing the Anti-Homosexuality Act and promote laws and policies that safeguard the rights and well-being of all individuals, irrespective of their sexual orientation, gender identity or gender expression.

To the LGBTIQ+ community in Uganda, we want to assure you that you are not alone. We stand beside you in this challenging time and will continue to advocate for your rights, safety, and well-being. We urge the international community to  provide support and resources to organisations and activists on the ground who are working tirelessly to protect the rights of LGBTIQ+ individuals in Uganda.

Finally, we reiterate our commitment to the principles of human rights, equality, and justice. We will continue to collaborate with like-minded organizations, both locally and internationally, to create a society that embraces diversity  and  respects  the rights and dignity of all individuals, regardless of their sexual orientation or gender identity and/or expression.