final report (long version) of kenyan civil society reflection platform

8/9/2019 Final Report (Long Version) of Kenyan Civil Society Reflection Platform

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CITIZENSCOALITIONFORCONSTITUTIONALCULTURE

4CS TRUST

2014

CIVIL SOCIETY

ORGANIZATIONS

REFLECTION &

RETHINKING PLATFOPRM

REPORT

David Oyola, Chief Rapporteur

CITIZENSCOALITIONFORCONSTITUTIONALCULTURE

4CS TRUST

2014

CIVIL SOCIETY

ORGANIZATIONS

REFLECTION &

RETHINKING PLATFOPRM

REPORT

David Oyola, Chief Rapporteur

KATIBA HOUSE, Dagoreti Corner, off Ngong Road P.O. BOX 10394

00100, NAIROBI, Kenya


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CONSTITUTIONAL TRANSFORMATION

CIVIL SOCIETY STRENGTHENING AND VISIBILITY

REFLECTION AND RE-THINKING PLATFORM 2014

WIDA HIGHWAY MOTEL & CONFERENCE CENTRE

NAIROBI-NAKURU HIGHWAY, KIAMBU COUNTY

29th31stOctober, 2014

Inset: From Left-Right;

Miss Grace Wairimu (Ag. Executive Director,4Cs), Mr. David Oyola (Chief Rapporteur), Prof

Yash Pal Ghai (Guest Speaker), Miss Sharlet Nunnie (Programmes,4Cs), Mr. Kinuthia

Wamwangi (T.A Chair), Mr. Paddy Onyango,(Institutional Development and Governance

Adviser,Main Moderator,4Cs)


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Table of contents

List of abbreviation ..3

a.

Executive summary...........5b. Abridged declaration.8

Platform for action....11

Way forward matrix..13

Declaration narrative.....15

Platform for action narrative19

Press statement ..22

Introduction....26Sample of participants expectations..26

Presentations from experts.....27

Plenary presentations ....33

Groupspresentations.........36

Emerging concerns ...39

Way forward .....39

Conclusions and Appreciations.40


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List of Abbreviations

4CsCitizens Coalition for Constitutional Culture

AGAttorney GeneralAIDSAcquired Immune Deficiency Syndrome

ARTAnti-Retroviral Treatment

ARVAnti-Retro-Viral

CAJCommission on Administrative Justice

CCI Coalition on Implementation of the Constitution

CICCommission for the Implementation of the Constitution

CKRCConstitution of Kenya Review Commission

COGCouncil of Governors

CRECOConstitution and Reform Education Consortium

CRGCivil Society Organizations Reference Group

CSFCounty Speakers Forum

CSMDGWGCivil Society Millennium Development Goals Working Group

CSOsCivil Society Organizations

CUCCourt Users Committee

CWLCaucus for Women Leadership

DCICDisability Caucus on Implementation of the Constitution

EDExecutive Director

ELOGElection Observer Group

FDIsForeign Direct Investments

FESFriedrichEbert StiftungGJLOSGovernance Justice Law and Order Sector

HIVHuman Immuno-deficiency Virus

ICCInternational Criminal Court

KEDIPAKenya Disability Parliamentary Association


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KEWOPAKenya Women Parliamentarians Association

KEWOSAKenya Women Senators Association

KNADKenya National Association of the Deaf

KNCHRKenya National Commission on Human RightsKRAKenya Revenue Authority

LSKLaw Society of Kenya

MCAsMembers of County Assembly

MDGsMillennium Development Goals

MDPMinistry of Devolution and Planning

MTEFMedium Term Expenditure Framework

MTPMedium Term Plan

NCAJNational Council on Administration of Justice

NCSCNational Civil Society Congress

NCSCNational Civil Society Congress

NGECNational Gender and Equality Commission

NGONon-Governmental Organization

NLCNational Land Commission

NSSFNational Social Security Fund

NWSCNational Womens Steering Committee

PACODEOPastoralists Community Development Organization

PAYEPay as You Earn tax regime

PBOAct Public Benefit Organizations Act 2013

PEVPost Election Violence

STTSectoral Thematic TeamsTA Transition Authority

TDF The Devolution Forum

TJRC Truth Justice and Reconciliation Commission

WPAWomen Political Alliance


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A. EXECUTIVE SUMMARY

1. The Civil Society Organizations (CSOs) Reflection and Re-thinking Platform was put

together within the framework of mutual solidarity partnership of the Citizens Coalition

for Constitutional Culture (4Cs Trust) and the Friedrich-Ebert Stiftung (FES). It broughttogether fifty (50) CSOs drawn from the forty-seven (47) Counties of the Republic of

Kenya. The Platform was held at the Wida Highway Motel, along the Nairobi-Nakuru

highway, Kiambu County, from the 29thto the 31stof October 2014.

2. Representation at the Platform was diverse and multi-sectorial.

3. The Platform was necessitated by the need for CSOs to rethink and reposition themselves

in light of emerging contradictory trends of progression and regression underpinning

governance reforms in Kenya since promulgation of the Constitution of Kenya 2010 and

the coming into power of the Jubilee Administration following the 4 th March 2013

General Elections.

4. The overall goal of the Platform was to support Kenyan CSOs collaboration and

solidarity amongst themselves in the ongoing constitutional transformation process in

Kenya. Strategic objectives included inter alia to:-

o Enhance solidarity and capacity of civil society to mobilize citizens networks to

effectively engage governance institutions at County and National levels; and

leadership in securing and furthering constitutional reforms; and mentoring of

emerging Civil Society leaders.

o Review the status of implementation of the Constitution and make concrete

proposals for securing and safeguarding the gains of the people in the process.

o Isolate critical issues for advocacy and lobbying the County and National

Governments to comply with Constitutional provisions and further reforms; and

o Identify areas for strengthening institutional and operational capacities of CSOs &

devolved governance units to enable them promote good governance practices

within their institutions.

5. The overall process management approach adopted at the Platform was interactive with

plenary sessions and two thematic and sectorial syndicates (groups). These facilitated

delegates in examining critical issues in detail and thereafter framing problems and

solutions.

6. The Platform benefitted from status updates and experiences of individual CSOs and

networks as well as from constitutional and statutory bodies including the National Land


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Commission, the Kenya National Commission on Human Rights and the Transition

Authority. The Chief Justice had been invited, but rendered apologies on account of a

special session of the Supreme Court which coincided with timing of the Platform. It was

agreed that a bilateral meeting with the Chief Justice be arranged with a small committee

from the Platform for purposes of mutual briefing. The Commission for the

Implementation of the Constitution and the Gender and Equality Commission were alsoinvited but rendered apologies. It was agreed that the report of the Platform be shared

with these commissions with specific areas of status update and interface with Civil

Society. Professor Yash Pal Ghai, Chair of Katiba Institute and former Chairperson,

Constitution of Kenya Review Commission (CKRC) made the keynote presentation on

the status of implementation of the Constitution of Kenya 2010.

7. In sum, the Platform was able to realize the following immediate outcomes: -

o Appreciation for the need for synergized participation of CSOs on the

constitutional transformation process as distinct from the current disparateinitiatives and operations.

o Delegates were appraised on the paradoxical milestones in the implementation of

the Constitution and appreciated the need for enhanced civic awareness of the

citizenry and their participation in demanding for respect for the Constitution and

creation of a culture of constitutionalism amongst the leaders as a proactive

response to the apparent culture of impunity.

o Renewed and enhanced commitment by participating CSOs in undertaking

constitutional, policy and institutional reforms.

o Appreciation for the need for improved democratic and good governance

practices within the civil society and governance institutions;

o Appreciation of the undercurrents and nuances underpinning the prevailing

hostility of the Jubilee Administration towards Civil Society and the proposed

draconian amendments to the Public Benefit Organizations Act, 2013 as the

mechanism for stifling Civil Society, especially those in the governance sub-

sector. It was further appreciated that the hostility is premised on false belief that

it is Civil Society which engineered the indictment of Kenyans by the

International Criminal Court (ICC) at The Hague; and

o Development of a Ten-Point Declaration and Platform for Action and issuance of

a Press Statement.


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B. ABRIDGED DECLARATION

At the close of the Platform, delegates deliberated in syndicates on and adopted a Ten Point

Declaration and Platform for Action on the basis of which a Press Statement was prepared

and issued. The details of the Declaration and Press Statement are in annex 1 and 2

respectively.a. Declaration

The Declaration had the following critical issues: -

1. Appreciation that whereas the struggle for constitutional reforms over a period of two

decades from the 1990s to the promulgation of the Constitution of Kenya 2010 was

informed by a unifying agenda People Centred Comprehensive Constitutional

Reforms the agenda in the post-promulgation period is SAFEGUARDING PEOPLES

CONSTITUTIONAL GAINS This clarion call was found to be connecting with the

people in an organic way, easy to take to heart and acceptable across the board.

2. The only surest means of safeguarding and enhancing the gains of the people of Kenya as

entrenched in the Constitution of Kenya 2010 was by ensuring faithful implementation of

the Constitution as is on the basis of principles entrenched in the Preamble, Articles 1:

Sovereignty of the People, 2: Supremacy of the Constitution 3: Defence of the

Constitution 10: National Values and Principles of Governance, 19: Rights and

Fundamental Freedoms,174: Objects of Devolution, 175: Principles of Devolved

Government; and Chapter Six: Leadership and Integrity. Civil Society in mobilizing for

implementation of the Constitution to adopt a multi-sectoral approach with cross-cutting

themes embedded in each sector.

3. Civil Society shall continue playing its historical complementary oversight watchdog role

in governance and developmental processes in the country on the basis of solidarity and

diversity; based on five core principles entrenched in the Constitution of Kenya 2010.

Towards this end and in spite of the apparent hostility from the National Government

towards the sector, Civil Society will further the aims of constitutional transformation on

the basis of policy dialogue and principled constructive engagements with different

sectors of society, relevant institutions, governments at the County and National levels

and academia. In this regard, Civil Society will immediately develop a prototype

framework for structured collaboration with the governments at County and National

levels. The framework will facilitate respectful engagement with organs anticipated under

the Public Benefit Organizations Act 2013 as currently enacted.

4. The current attempt at portraying Civil Society as busy bodies and enemy of the Jubilee

Administration is misplaced and fails to recognize the indispensable historical role that

the sector has, and continues to play, in complementing and augmenting social, cultural,

economic and political developmental efforts and processes of succeeding governments

of the Republic of Kenya since independence. The sector is alive to the diplomatic


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maneuver and leverage the National Government is applying to compel traditional

funding sources, especially foreign governments and agencies accredited to Nairobi, not

to fund Civil Society Organizations. This is in spite of the existence and role of Civil

Society being a universally accepted reality and guaranteed by a number of international

covenants and instruments to which Kenya is State Party. The orchestrated scheme to

weaken and eventually kill Civil Society may succeed in the short run but will portrayKenya as a pariah state among a community of civilized nations.

5. The Platform noted that the above regrettable adversarial mindset against Civil Society

has triggered a negative domino effect on flow of foreign direct investments (FDIs) to

Kenya; which ordinarily came through the Civil Society sector; and cannot be taken up

by the National Government due to a number of policy imperatives. The traditional CSOs

development partners are rapidly withdrawing support for social dimension programmes

on education, health, poverty eradication and HIV/AIDs including Anti-Retroviral

Treatment (ART). These are implemented by civil society in some of the remotest parts

of Kenya among marginalized communities not adequately reached by the County andNational Governments service delivery systems. These and governance programmes in

Civil Society creates jobs for an estimated 230,000 Kenyans. This translates to revenue

source for the exchequer estimated at Kenya shillings one hundred and fifty (150) billion

annually. The antagonism against Civil Society is therefore directly contributing to

spiraling levels of unemployment, especially among young professionals engaged in the

Civil Society Sector and who have to be laid off due to diminishing funding sources.

With job losses, the revenue base for the exchequer is reduced leading to budgetary

deficits and increased domestic and foreign borrowing. The current cumulative per capita

debt burden on individual Kenyans, including on the unborn child stands at Kenya

Shillings 93,000.

6. The Public Benefit Organizations (PBO) Act, 2013 should be given effect through

gazettment as a matter of urgency. The PBO Act as currently framed is a product of

almost two years of exhaustive multi-sectorial consultations and therefore enjoys broad

legitimacy. The current spirited attempts at introducing retrogressive draconian

amendments should be shelved. The Platform is alive to the fact that the real reason for

these amendments is to punish Civil Society for allegedly having precipitated indictment

of Kenyan nationals by the International Criminal Court (ICC). On the contrary Civil

Society played a lead role in contributing to return to normalcy by helping the victims of

the 2007/2008 Post Election Violence and facilitating cohesion and healing when the

States own machinery had failed.

7. Participating CSOs undertake to work with relevant Constitutional and statutory organs

in safeguarding and furthering the gains of the people of Kenya in the Constitution. These

include County and National Government, Parliament, Judiciary, Transition Authority,

Commission for the Implementation of the Constitution, Kenya National Commission on

Human Rights, National Land Commission, National Gender and Equality Commission,


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Ethics and Anti-Corruption Commission, Commission on Administrative Justice,

National Cohesion and Integration Commission, Office of the Attorney General, Kenya

Law Reform Commission, the Office of Auditor General, the Office of Controller of

Budget and the Office of Director of Public Prosecutions. These entities will be engaged

with on the basis of furthering mutual working relationships as distinct from observed

institutional conflicts, constitutionalism and accountability at all levels.

8. Devolution which is the greatest gain in the Constitution for the people of Kenya must be

made to succeed. In this regard, participating CSOs will work to ensure that it is

successfully implemented for the benefit of all Kenyans in the 47 Counties. Towards this

end, the participating CSOs will constructively engage the entities in 7 above together

with the Council of Governors, County Assembly SpeakersForum, Members of County

Assemblies Caucusand Development Partners.

9. The absence of well-designed continuous awareness creation and capacity building

programmes is hindering realization of constitutional benefits for the people. There isneed to urgently put in place such a programme as anticipated by the Constitution and

relevant statutes, including the County Governments Act 2012. Towards this end the

participating CSOs will reach out to other stakeholders in thinking through the design,

development, implementation and monitoring and evaluation of a relevant continuous

public awareness programme; and

10.There has emerged a new challenge of minorities and marginalized groups within

counties with regards to access to development, resource allocations and equal

opportunities. The participating CSOs will work closely with relevant County

Government institutions and the National Cohesion and Integration Commission to

address this as a matter of urgency. To complement this effort at the national level, it is

urged that the Truth, Justice and Reconciliation (TJRC) report be implemented

immediately. Towards this end, the participating CSOs note with appreciation the

progress made in this regard by the establishment of Inter-Agency Committee to jump-

start the implementation process.


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b. Platform for Action

1. There be established a small visioning team of not less than seven and not more than nine

members drawn from participating CSOs and from outside to unbundle what it entails togive effect to the adopted CSOs gravitas Safeguarding Peoples Constitutional Gains.

The 4Cs to facilitate convening of the first session of the team within the month of

November 2014.

2. A process of developing a prototype framework for structured CSOs collaboration with

the governments at County and National levels is commenced by commissioning

preparation of a White Paper. The exercise of developing the draft framework to be

concluded by December 2014.

3.

There be held a tripartite meeting of CSOs representatives, relevant County and Nationalgovernments agenciesand development partners to review the Draft CSOs Government

Collaboration Framework. This process should commence in the month of January 2015.

4. The outcomes of the Platform be immediately shared with a small group of pioneer

reformers as a way of strengthening the process contemplated in (1) above. The scope

and membership of this group could be expanded to include discussions on the proposed

amendments to the PBO Act and spiraling insecurity and review of security sector

reforms; and with CSOs Reference Group representation.. The team could also play the

role of liaison with academia, County and National Government, private sector and

development partners.

5. Engagement with Constitutional and statutory organs in safeguarding and furthering the

gains of the people of Kenya in the Constitution. The specific opportunities availed to

participating CSOs by the Transition Authority, the National Land Commission, the

Kenya National Commission on Human Rights and the Judiciary be taken up

immediately and formalized. The 4Cs to extract the engagement platforms from the

report and share with CSOs within the month of November 2014.

6. A technical stakeholder consultation is convened to review status of implementation of

civic education under the Constitution of Kenya 2010 and the County Governments Act

2012. Such consultation to think through the design, development, implementation and

monitoring and evaluation of a relevant continuous public awareness programme. The

technical stakeholder consultation should involve CSOs, relevant Government

departments at County and National level, development partners and private sector. It

was proposed that CRECO takes leadership in facilitating initial sitting of the team.


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7. Lack of an integrated documentation and audio-visual documentary on the constitutional

reform struggles was identified by the Platform as one of the major shortcomings of

governance CSOs. Such a study should be commissioned as a matter of urgency, with

4Cs as the core and centre of reference.

8.

A media breakfast is held immediately with editors to disseminate the outcomes of thePlatform and also build mutual working relationships. Participants to the breakfast

meeting should be the visioning team as expanded.

9. A half or one day non-residential multi-sectoral strategy forum be convened to bring

together umbrella CSOs and networks of and for women, youth, senior citizens, persons

with disabilities, minorities and marginalized groups to forge a solidarity approach in the

enactment of legislation contemplated under Article 100 of the Constitution to give effect

to the two-third gender rule and affirmative action in respect of persons with disabilities,

minorities, youth and marginalized groups; and

10.A donor roundtable is held to share the outcomes of the Platform and define future

relationships and engagement with CSOs.


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C.

Way ForwardNo. Item Action Timeline Actor (s) Outcome

1.0 Finalization &

dissemination of

Platform Report in two

versions

Collate all information

gathered into two versions

of the report, short and long;

merge with Declaration &

Platform for Action &

widely disseminate

10 days after

Platform

Chief Rapporteur

& 4Cs Secretariat

Professionally sound

final report in two

parts done and

disseminated,

including in social

media

2.0 Status of discussions

of the PBO Act 2013

in Civil Society

Reference Group

Obtain and share status and

position on PBO Act and

disseminate

7 days after

Platform

Mr. Otieno

Ombok, CRECO

and 4Cs

Secretariat

Status of Reference

Group positioning

obtained and

disseminated

3.0 Establishment of a

CSOs PBO Act

Liaison Team

A team of between 7 and 9

to be put in place

14 days after

Platform

4Cs Secretariat

and Platform

Planning Team,

WPA,CWL,

CRECO,

TDF,CRG,NCSC,

KEDIPA,DCIC,

ASK

CSOs PBO Act

Liaison Team in place

and engaging the Task

Force on PBO Act

4.0 Preparation of

participating CSOs

Contact List

Create a Contact List of

Participating CSOs and

forward to relevant

authorities with specific

demands

10 days after

Platform

4Cs Secretariat Contact lists in place

and disseminated to

designated authorities

with specific issue

demands

5.0 Engagement with

Affirmative Actionlegislative processes

under Articles 27, 56,

81, 82 and 100 of CoK

2010

Establish Sectoral Thematic

Teams from amongparticipating CSOs,

facilitate a joint meeting for

harmonization of cross-

sector strategies &

Coordinating Focal Point

14 days after

Platform

4Cs Secretariat

and PlatformPlanning Team,

CRECO,TDF,PA,

CWL,CRG,NCSC

, NWSC, DCIC,

KEWOPA,

KEWOSA,

KEDIPA, CCI,

ASK

Sectoral Thematic

Teams in place with aCoordinating Focal

Point & engaging with

the AGs process on

legislative process

under Articles 27, 56,

81, 82 and 100 of CoK

2010

6.0 Policy formulation,

legislative processes

and Security Sector

Reforms

Monitoring policy

formulation, legislative

processes and security

sector reforms at Countyand National level. Plan for

a 'High Level Conference on

Peace, Security, National

Cohesion and Growth

14 days after the

Platform

4Cs Secretariat

and Platform

Planning Team

Sectoral Thematic

Teams effectively

monitoring policy

formulation andoffering alternative

proposals


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DECLARATION

&

PLATFORM FOR ACTION


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CONSTITUTIONAL TRANSFORMATION

CIVIL SOCIETY STRENGTHENING AND VISIBILITY

REFLECTION AND RE-TH INKING PLATFORM 2014

DECLARATIONS AND PLATFORM FOR ACTION

31ST OCTOBER 2014WE, the undersigned 50 delegates, representing diverse sectoral Civil Society Organizations

from the 47Counties of the Republic of Kenya, congregated at the Wida Highway Motel,

Kiambu County between 29thand 31stOctober 2014 -

HAVINGcandidly deliberated on the status of solidarity and capacity of the Civil Society sector

in mobilizing in partnership with citizens to effectively and constructively engage governance

institutions and leadership in furthering reforms and mentoring young emerging Civil Society

leaders;

HAVINGclinically reviewed the various scenarios built by the Civil Society sector with regards

to its internal dynamics and the trajectory of Kenyas governance paradigm since the year 2002;

HAVINGfurther reviewed the status of implementation of the Constitution of Kenya 2010, with

a view to securing and safeguarding our collective gains as the people of Kenya therein;

ACKNOWLEDGINGwith satisfaction that some progress has been made towards giving life to

the Constitution of Kenya 2010 and cognizant of the fact that in the midst of this, there are now

emerging dangerous trends towards full implementation of the Constitution in general and the

Bill of Rights and Devolution in particular;

FURTHER having isolated critical issues for advocacy and lobbying the County and National

Governments to respect and uphold the letter and spirit of the Constitution and to further

reforms;

HAVINGdetermined areas for strengthening institutional and operational capacities of CSOs,

County and National governance units to enable them promote good governance practices;

CONCERNED that there is at the moment heightened xenophobic ethno-regional balkanization

of Kenyan communities by the political class across the political divide;


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NOTINGwith concern and disdain, the spiraling incidences of violence and insecurity plaguing

the country and manifesting total disregard for the dignity and sanctity of human life; and setting

Kenya towards the path of self-destruction reminiscent of the 2007-2008 post-election violence

whose social, economic and political consequences are yet to be fully resolved;

CONVINCEDthat the Constitution of Kenya 2010, remains the only binding legitimate socialcontract and covenant among us Kenyans that guarantees our mutual co-existence as the basis of

being PROUD of our ethn ic, cultu ral and religious diversity, and determined to live in peace

and un ity as one indivisible sovereign nation as expressed in the third covenant of the

Constitution; and

DETERMINED to preserve Kenya as a cohesive, peaceful, stable and equitable constitutional

democracy for ourselves and succeeding generations -

MAKE and unanimously adopt the following declarations and recommendations: -

Declarations

1.

THAT whereas for over two decades, we adopted People Centred Comprehensive

Constituti onal Reforms as the rallying agenda for social, economic, cultural and

political change in Kenya; and considering that we have collectively achieved the fairly

progressive Constitution of Kenya 2010; we now adopt Safeguarding Peoples

Constituti onal Gains as gravitas for realizing social, economic, cultural and political

transformation of Kenya;

2. THATthe only means of securing and Safeguarding Peoples Constitutional Gains is

through faithful implementation of the Constitution of Kenya 2010 on the basis of:

Article1: Sovereignty of the People

Article 2: Supremacy of the Constitution

Article 3: Defence of the Constitution; and

Article10: National Values and Principles of Governance;

Article 174 Objects of Devolution;

Article 175 Principles of Devolved Government; and

Chapter Six: Leadership and Integrity

3. THAT in spite of therapidly emerginghostile environment for the work of Civil Society

in Kenya, we shall continue to play our complementary oversight watchdog role in

governance and developmental processes in the country on the basis of solidarity in our

diversity; and towards this end, we will be guided by the following overarching principles

in the Constitution of Kenya 2010: -

Sovereignty of the people is the source of all authority to govern.


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Government is established and instituted by the people of Kenya to serve their

welfare and not to undermine or subvert it.

Delegated authority under Article 1 (3) is a delegated authority subject to the pleasure

of the people of Kenya, is granted for only a limited period of time and is subject to

the good behaviour of the leaders and institutions to which it is delegated.

Openness, transparency and accountability as distinct from secretiveness in

management of public affairs; and

Leadership positions are held and specific performance therein is anchored on

principles of integrity and service to the people and not for personal gain; is

facilitative of development and service delivery; and is not about exercise of state or

political power over the people.

4. THAT the current attempt at portraying Civil Society as the so called busy bodies is

misplaced and fails to recognize the indispensable historical role that the sector has, and

continues to play, in complementing and augmenting social and economicdevelopmental efforts and processes of succeeding governments of the Republic of

Kenya since independence. The Civil Society for instance made significant technical and

professional contribution towards origination, design and development of the Kenya

Vision 2030, the Medium Term Plan (MTP) and the Medium Term Expenditure

Framework (MTEF) mechanisms and the elevation of the Governance Justice Law and

Order Sector (GJLOS) into a fully-fledged sector in Government. Further, through the

Kenya Civil Society Millennium Development Goals (MDGs) Working Group, the sector

constructively engaged with Government in contributing towards efforts in attaining

these goals and Kenya will have at least something to report on in this regard when

review of attainment of MDGs is held next year 2015. Further, the CSOs contribute tojob creation. It is estimated that there are 205,000 Kenyans employed directly in the

sector, with revenue source for the exchequer estimated at Kenya shillings one hundred

and fifty (150) billion annually. The Government already has in place the NGO

Coordination Bureau to which annual returns are made. The reporting format requires

that sources of CSOs funds are disclosed. In addition the Kenya Revenue Authority

(KRA) has a data base of CSOs making monthly P.A.Y.E returns as well as the National

Social Security Funds (NSSF) and the National Hospital Insurance Fund schemes.

5. THATregrettably the emerging adversarial mindset against Civil Society has triggered a

negative domino effect on foreign direct investments in Kenya through the Civil Society

sector. The traditional CSOs development partners are rapidly withdrawing support for

civil society. This in our view is the desired effect of the hostility towards the sector. The

calculation here is that with dwindling donor support, the vibrancy of Civil Society will

be neutered and therefore there will be no need for any transparency and accountability in

government at county and national levels. This may well be the case. However the

political expediency that this hostility may be serving in the mind of those prosecuting


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the war against Civil Society has a contradiction effect to the Jubilee Administrations

pre-election pledges, the key amongst them is creation of employment. The current

scheme to throttle Civil Society is contributing to escalation of unemployment and

reduction of the Governments own revenue base. Some of the key international NGOs

are scaling down their operations or withdrawing altogether from Kenya. The immediate

direct impact is putting young and professional human resource out of work i.e.unemployment. This is at a time when the Government itself has frozen further

employment in the public sector as a means of taming spiraling wage bill. So while the

current scheme against Civil Society is weakening the sector it is at the same time

creating a worse nightmare scenario for the Government with regards to its inability to

absorb the youthful and professionally skilled human resource. This is a ticking social

time bomb.

6. THATthe Public Benefit Organizations (PBO) Act, 2013 should be given effect through

gazettment as a matter of urgency. The PBO Act as currently framed is a product of

almost two years of exhaustive multi-sectoral consultations and therefore enjoys broadlegitimacy. The current spirited attempts at introducing retrogressive draconian

amendments should be shelved. The Platform is alive to the fact that the real reason for

these amendments is to punish Civil Society for allegedly having precipitated indictment

of Kenyan nationals by the International Criminal Court (ICC). On the contrary Civil

Society played a lead role in contributing to return to normalcy by helping the victims of

the 2007/2008 Post Election Violence and facilitating cohesion and healing when the

States own machinery had failed.

7. THATParticipating CSOs undertake to work with relevant Constitutional and statutory

organs in safeguarding and furthering the gains of the people of Kenya in the

Constitution. These include County and National Government, Parliament, Judiciary,

Transition Authority, Commission for the Implementation of the Constitution, Kenya

National Commission on Human Rights, National Land Commission, National Gender

and Equality Commission, Ethics and Anti-Corruption Commission, Commission on

Administrative Justice, National Cohesion and Integration Commission, Office of the

Attorney General, Kenya Law Reform Commission, the Office of Auditor General, the

Office of Controller of Budget and the Office of Director of Public Prosecutions. These

entities will be engaged with on the basis of furthering mutual working relationships as

distinct from observed institutional conflicts, constitutionalism and accountability at all

levels.

8. THATDevolution, which is the greatest gain in the Constitution for the people of Kenya

must be made to succeed. In this regard, participating CSOs will work to ensure that it is

successfully implemented for the benefit of all Kenyans in the 47 Counties. Towards this

end, the participating CSOs will constructively engage the entities in 9.7 above together

with the Council of Governors, County Assembly Speakers Forum, Members of County

Assemblies Caucus and Development Partners.


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9. THAT absence of well-designed continuous awareness creation and capacity building

programmes is hindering realization of constitutional benefits for the people. There is

need to urgently put in place such a programme as anticipated by the Constitution and

relevant statutes, including the County Governments Act 2012. Towards this end the

participating CSOs will reach out to other stakeholders in thinking through the design,development, implementation and monitoring and evaluation of a relevant continuous

public awareness programme; and

10.THATthere has emerged a new challenge of minorities and marginalized groups within

counties with regards to access to development, resource allocations and equal

opportunities in employment. The participating CSOs will work closely with relevant

County Government institutions and the National Cohesion and Integration Commission

to address this as a matter of urgency. To complement this effort at the national level, it is

urged that the Truth, Justice and Reconciliation (TJRC) report be implemented

immediately. Towards this end, the participating CSOs note with appreciation theprogress made in this regard by the establishment of Inter-Agency Committee to jump-

start the implementation process.

D. Platforms for Action

1. THATthere be established a small visioning team of not less than seven and not more

than nine members drawn from participating CSOs and from outside to unbundle what it

entails to give effect to the adopted CSOs gravitas Safeguarding Peoples

Constitutional Gains. The 4Cs to facilitate convening of the first session of the team

within the month of November 2014.

2. THAT a process of developing a prototype framework for structured CSOs collaboration

with the governments at County and National levels is commenced by commissioning

preparation of a White Paper. The exercise of developing the draft framework to be

concluded by December 2014.

3. THAT there be held a tripartite meeting of CSOs representatives, relevant County and

National governments agencies and development partners to review the Draft CSOs

Government Collaboration Framework. This process should commence in the month of

January 2015.

4. The outcomes of the Platform be immediately shared with a small group of pioneer

reformers as a way of strengthening the process contemplated in (1) above. The scope

and membership and mandate of this group may be expanded to include discussions on

the proposed amendments to the PBO Act and spiraling insecurity and review of security

sector reforms; and with CSOs Reference Group representation. The team could also play


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the role of liaison with academia, County and National Government, private sector and

development partners

5. THAT CSOs constructively engage with Constitutional and statutory organs in

safeguarding and furthering the gains of the people of Kenya in the Constitution. The

specific opportunities availed to participating CSOs by the Transition Authority, the

National Land Commission, the Kenya National Commission on Human Rights and theJudiciary be taken up immediately and formalized. The 4Cs to extract the engagement

platforms from the report and share with CSOs within the month of November 2014.

6. THAT a technical stakeholder consultation is convened to review status of

implementation of civic education under the Constitution of Kenya 2010 and the County

Governments Act 2012. Such consultation to think through the design, development,

implementation and monitoring and evaluation of a relevant continuous public awareness

programme. The technical stakeholder consultation should involve CSOs, relevant

Government departments at County and National level, development partners and private

sector. It was proposed that CRECO takes leadership in facilitating initial sitting of theteam.

7. THAT in view of the lack of an integrated documentation and audio-visual documentary

on the constitutional reform struggles as identified by the Platform as being one of the

major shortcomings of governance CSOs. Such a study should be commissioned as a

matter of urgency, with 4Cs as the core and centre of reference.

8. THATa media breakfast is held immediately with editors to disseminate the outcomes of

the Platform and also build mutual working relationships. Participants to the breakfast

meeting should be the visioning team as expanded.

9. THAT a half or one day non-residential multi-sectoral strategy forum be convened to

bring together umbrella CSOs and networks of and for women, youth, senior citizens,

persons with disabilities, minorities and marginalized groups to forge a solidarity

approach in the enactment of legislation contemplated under Article 100 of the

Constitution to give effect to the two-third gender rule and affirmative action in respect of

persons with disabilities, minorities, youth and marginalized groups; and

10.THATa donor roundtable is held to share the outcomes of the Platform and define future

relationships and engagement with CSOs.


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JOINT PRESS STATEMENT

Communiqu


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PRESS STATEMENT ON CIVIL SOCIETY REFLECTION

&

RE-THI NKING PLATFORM 2014

1STNOVEMBER 2014

1. 50 Civil Society Organizations drawn from the 47 Counties of Kenya held a two day

consultative meeting at the WIDA Highway Motel, Kiambu County, under the theme

Constituti onal Transformation: Civil Society Strengthening and Visibili ty Reflection

and Re-thinking Platform 2014 This is part of continuing efforts at rekindling the flame

in Civil Societies role in safeguarding the gains of the people of Kenya as spelt out in the

new constitution. The meeting adopted a Ten-Point declaration the first which is THAT

whereas for over two decades, we adopted People Centred Comprehensive

Constitutional Reforms as the rallying agenda for social, economic, cultural and

political change in Kenya; and considering that we have collectively achieved the fairly

progressive Constitution of Kenya 2010; we now adopt Safeguarding Peoples

Constitutional Gains as gravitas for realizing social, economic, cultural and political

transformation of Kenya.

2. We reiterate that the only means of securing and Safeguarding Peoples Constitutional

Gains is through faith ful implementation of the Constituti on of Kenya 2010 on the

basis of:

Article1: Sovereignty of the People

Article 2: Supremacy of the Constitution

Article 3: Defence of the Constitution; and

Article10: National Values and Principles of Governance, which among other values

includes transparency and accountability.

3. We affirm that we will continue to play our complementary oversight watchdog role in

governance and developmental processes in the country on the basis of solidarity in our

diversity and towards this end, we will be guided by the following overarching principles

in the Constitution of Kenya 2010: -

Sovereignty of the people is the source of all authority to govern.


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Government is established and instituted by the people of Kenya to serve their

welfare and not to undermine or subvert it.

Delegated authority under Article 1 (3) is a delegated authority subject to the pleasure

of the people of Kenya, is granted for only a limited period of time and is subject to

the good behaviour of the leaders and institutions to which it is delegated.

Openness, transparency and accountability as distinct from secretiveness in

management of public affairs; and

Leadership positions are held and specific performance therein is anchored on

principles of integrity and service to the people and not for personal gain; is

facilitative of development and service delivery; and is not about exercise of state or

political power over the people.

4. The CSOs among other things further re-affirmed their commitment to ensure that

devolution succeeds, challenges notwithstanding. In this regard, the Civil Society would

like to commend the Transition Authority for turning up for the meeting and givingassurances that Devolution can work if faithfully implemented. They further undertook to

work closely with other statutory organs critical in the successful implementation of the

devolved system to further accountability in the management of resources and other

aspects development at the County level. Towards this, Civil Society will reach out to

and engage with the devolved institutions on the basis of structured and principled

framework to be mutually developed and communicated shortly. These include the

various County Assemblies and County Executive. At the national collaboration will be

enhanced with the National Land Commission, the Kenya National Commission on

Human Rights and the National Gender and Equality Commission.

5. Up to now the Bill of Rights has not been observed by the Executive and the Legislature,

and the Civil Society is prepared to take up issues with these arms for the implementation

of the Bill.

6. The hostility against the Civil Society by the Government is unnecessary and devoid of

logic. As the Civil Society, we are mandated to point out the mistakes made by the state

and compliment the good. It is unfortunate that the beneficiaries of the struggles by the

Civil Society who are now members of the Executive are the very same people who are

fighting the Civil Society.

7. The Government is constantly coming up with Laws and Policies that are meant to kill

the Civil society and its a noble operation in promoting Social, Economic and Political

Development, the latest threat being the introduction of a Bill to curtail foreign funding

of the Civil Society. This is one other attempt to reverse the gains in the constitution

through legislations and policy decisions to suit opportunistic political expediency.


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8. Instead of the government addressing issues like poverty illiteracy, social economic

issues like the erosion of purchasing power, it has directed its energy on the Civil

Society. As the Civil society we have resolved to eliminate competition and suspicion

among ourselves and to rather forge a common ground on issues affecting respective

organizations; and

9. We will share with Kenyans, the Declaration and Platform of Action agreed at the

Platform in the course of the week beginning 1stNovember 2014.

Signed By:

Participants


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MAIN RECORD OF

PROCEEDINGS


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3.0. Presentations

3.1.1. Mr. Kinuthia Wamwangi: The role of the CSOs in the devolution

process

Mr. Wamwangi recognized the efforts being made by FES and urged the management toconsider working together with TA in various activities

He cited the position of the Transitional Authority as was created by the Devolved Government

Act 2012. The Transitional Authority was to be allocated adequate resources to oversee the

transition process efficiently and effectively.

The Authority is required under the Law to prepare a Transition Plan to guide the transition

process. He then proceeded to make his presentation on the following thematic areas:

State of devoluti on

Mr. Wamwangi noted that devolution process has had challenges but nonetheless progressed

well. The assemblies at the counties have done their share of work in ensuring checks and

balances. The governors at their various counties have rolled out programs which have

transformed several areas across the country in exemplary manner never seen since

independence. The MCAs and the Governors are sitting well and driving the counties in the right

paths.

He also clarified that unlike the popular belief that there is corruption at the counties and that the

governors are not properly checked, the county governments have clear and more effective

checks and balances even more effective than in the national government.He noted some confusing within the members of the public on the devolved functions vis a vis

the role retained at the national level. Not all devolved function went to the counties. This has

been a concern to T.A and other stakeholders thus they formed a taskforce to look into this.

The taskforce has been on a duty to check the overall costs of devolves functions like agriculture,

health, planning and extension services.

The counties have a statutory mandate of forming citizens forum which as it stands, none hascomplied. The CSOs are called upon to remind the governors. In order to hasten civic education,

TA plans to use a range of materials for campaigns including animated messages since the public

is getting interested in cartoons and animations.

Human resource

He clarified that there has been staff from the previous local and national governments who are

yet to be rationalized. The taskforce has been mandated to also look into this matter by auditing

the staff and rationalizing the human resource to ensure conformity.


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Assets and liabil i ties

T.A chairman also shared with the participants that the authority has often issued cautionary

advices and recommendations on the asset transfer between the counties and the national

government.

Ur ban areas and citi es

He reminded the participants that the urban and cities Act came to force recently and as a result,

the public shall be able to see more cities and towns.

He urged the CSOs to establish an alliance with his institution in championing the fight against

some of the challenges facing devolution. An area such as citizen participation highly needs civic

education and engagements, the CSOs should therefore partner with TA in ensuring an informed

public.

He urged CSOs to work together with TA on the importance of devolution to ensure that there is

a smooth transition. This will enable the CSOs hold activities that are in harmony with

devolution.

Mr. Wamwangi commended FES and 4Cs for organizing such a forums which will go a long

way in ensuring that the industry plays a central role in the implementation of the constitution.

3.1.2. Presentation by Yash Pal Ghai

Prof. Ghai made a presentation dubbed Paradox of the constitution. He highlighted some of the

struggles that they have undergone as;

i. Democracy- which was not for a majoritarianism system but that all individuals enjoys

freedom and equality.

ii.

Human rightsiii. Poverty eradication and equality, better access to education, health and housing.

He reminded the participants never to forget the national values enshrined in the constitution

especially in the devolution chapter.

Some of the areas of focus should be: the police service which he emphasized to be the

institution charged with the sole role of protecting the citizenry at all times. The institution

should therefore not be used as oppressive machinery against the people.

A fully independent judiciary will promote equity, checks& balances and accountability in the

public service and the rule of law.

The sovereignty of the people-The public needs to be reminded at all times on the power which

they hold and can wield. The constitution bestows sovereign power on the people.

He also listed the challenges that has marred the implementation of the constitution and

hampered development as;

Negative ethnicity


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Lack of national unity

Lack of Kenya identity

Politics of patronage

Marginalization through majoritarianism

Since the inception Tribal and nepotism in the public service

The widening gap between the rich and the poor which has persisted since the new order

The emergence of a new class (political class)

Absence of democratic practices

Instability in the running of political parties which take after ethnic identities. Our

political parties have no ideological inspiration

Lack of sufficient public participation in matters of national importance.

The judiciary

Prof. Ghai pointed out to the participants of a systematic attempt by the political class tomanipulate the judiciary. He however commended the judiciary for exemplary and excellent

judgments theyve delivered in the recent past terming them as well researched and of high

quality.

He proposed a raft of proposals to be endeavored by the CSOs that they should work as a unit to

identify the national unity. He impressed upon the CSOs to champion thepublic towards working

and standing for their rights. He cautioned that they risk blames for the ills currently taking place

in our society. It is Important for the CSO fraternity to read the judiciary judgments in order to

be aware of the judicial proceedings.

Prof Gai pointed out that there should be an opportunity to trigger participations, he howevercautioned against constitutional amendments at times time.


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Prof Yash Pal Ghai making a presentation

3.1.3. Presentation by the National Land Commission

The commission was represented by Dr. Samuel Tororei, a commissioner at the land commission

and the Chair on the taskforce on community & historical land injustices.

Dr. Tororei proceeded by recognizing the efforts made by FES and 4Cs in the organization of

such a platform as it gives the industry an opportunity to reflect on the achievements and grounds

to be covered and also to re-energize themselves. He then outlined the role of the national land

commission to the participants.He noted out that land reforms in the country has had share of challenges which has caused huge

delay in the service delivery at the lands office. He illustrated to that the commission is like an

agent but the ministry is the principal. It was created to check the excesses of the lands ministry.

Dr. Tororei told the participants that nothing in the constitution is undoable if we want to

implement the constitution faithfully. CSO should demand for accountability in the running of

the lands affairs in the country.

On the work of the commission, he outlined that the constitution is currently recruiting staff

both at the national and the county level. They also do grant and dispositions which the do

monthly. The commission also participated with the ministry in the development of theCommunity Lands Bill and Eviction Procedures Bill.

They have also aligned the land laws with the constitution to harmonize their interrelations thus

avoiding contradictions. He also highlighted that they have jointly with the lands ministry done

regulations on the land laws and making such regulations strengthen land reforms.


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He noted the following as some of the challenges CSOs needs to address

i. Developing informed engagements. We shall need to have informed mandates of

engagements. We must understand our boundaries to deepen the benefits that accrue

from reforms

ii.

Complementing each other and respect divergenceiii. Accountability.

3.1.4. Presentation by Kenya National Commission on Human Rights

Mr. George Morara who represented the KNCHR pointed out to the participants that the work

CSOs are doing is insufficient as things are wrong.

He highlighted the work of the Commission as;

Being a watchdog on the government

Advising and moving the country towards becoming a human right state where the rightsof each person is protected and respected.

The main areas of delivery includes;

Access to justice

Institutional reforms

Promotion of socio-economic rights

The commission is organized in such a manner that they receive complaints and conduct

investigations. They champion reforms in the public sector through accountability, conduct

education and training, do research and compliance to the public affairs.Mr. Morara told the delegates that the commission is driven by the constitution and the

international instruments (CRED). In the constitution 2010, article 59(1) establishes the Kenya

National Commission for Human Rights and the Equality Commission.

KNCHR is supposed to work together with the private institutions and occasionally conduct joint

investigations.

Milestones covered so far

Socio-economic rights

They review this alongside the expanded Bill of Rights

Focuses not only on the state as the primary duty bearer but also the private businesses.

He pointed out areas such as Turkana which has oil but the people have been forgotten as much

focus is on the resource. The coal in Mui basin has also shifted focus from the people to the

commercial gas. The Chinese only engage people based on standards.


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Judicial reforms

The commission participates in the court Users (CU`s) and the National council of

Administration of Justice.

They have moved from lamentation to organizing including sentencing policy on similar crimes.

Penal reforms

Transition justice- they have an inter-agency committee to implement the Truth Justice and

reconciliation Report (TJRC).

Research and compl iance

The commission is amongst the Universal Periodic Review where mechanisms amongst nations

of the world require a country to do its reporting. The government therefore expects the

commission to report every 4 years to the international community on how they have

implemented the various instruments.

They advise on the standard education system where the ratio of teacher-student is 1:40,

accessibility and affordable education. The system must be of acceptable quality standards,

relevant and acceptable. This should have a progressive realization.

Challenges

Mr. Morara highlighted some of the challenges facing their work as;

Scarcity of resources

The formation of 3 different commission doing the same work

Insecurity is some areas

CSOs have a vast network and not burdened bureaucratic processes. This is a strength which he

urged the CSOs to take advantage of.

CSOs opportunities

He pointed out some of the opportunities which the CSOs needs to grab as follows

Implementation of the constitution

To proactively engage with the KNCHR to improve access to the policy-making

processes of the government.

Human rights-based approach to programming

Human rights Defender currently ongoing to help strengthen the CSOs.

The participants sought to know the procedure the KNCHR recommends for complaints, to what

extent does the KNCHR cover human rights especially on the several attempts to kill people with

albinism?


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Lack of inclusivity in the running and distribution of national resources still remains to be one of

the major challenges that People With Disabilities (PWD) still face. Failure in funding by the

government to PWD has impeded the smooth running of the CSOs in this area to a large extent.

They are forced to rely on donor funding which in most cases is neither reliable nor sustainable.

PWD`s are looking forward to and working towards ensuring the full implementation of theconstitutions. The organizations are also working at urging the government to give the correct

figure of the PWD since they dont feel contented with the statistics currently given by the

government.

CRECO expressed concern on such areas as the shrinking civic space, massive misuses of

government resources and the erosion of the constitutional gains. Mr. X however pointed out at

the various programs that his organization is currently running which include social

accountability programs aimed at enhancing accountability and civic awareness.The organization

also encourages public participation which are to be taken to the counties through Model Bills,

Model Public Participation Policy Frameworks.

A representative from the Urban Tenants Associationspoke on the need for civic awareness on

the rights of both the tenant and the landlord. He pointed out the main concern as the cordial

relationship between the tenant and the landlord. The organization seeks to sensitize the

landlords on the awareness of the relevant Laws that regulates the industry.

The Inter-Religious Council of Kenya reminded the participants, through a representative, that

the religious fraternity rejected the current dispensation before its ratification. He urged the

participants that CSO`s should be more tolerant in managing dissent. His major concern however

was in the security sector which has been marred by favoritism, corruption and impunity in

various circles.He highlighted the weak command structure at the county levels which has led to

rampant insecurity in the country.The religious sector was against the Executive devolving critical services before counties were

prepared to handle such issues. Amongst other areas of concern are in the National planning. He

pointed out that the county planning is not in consonant with the national planning. This when

left as it is, shall negatively affect the country heavily in the long-run.

The continued use of the CDF at the constituency levels also raised concerns. Some counties

have also rolled out Ward Development Funds making the already bad situation worse. Such

funds have led to institutional conflict between the various actors at the county level.

The CSOs in pastoralist communities throughPACODEOhighlighted some of the activities that

they do.The organization empowers the pastoralist community with skills on the budget making

process. They conduct peace building in areas around Marsabit and holds public awareness

trainings and forums on the constitution.


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He however decried the challenges they face as an institution in the line of duty, which include

the lack of sufficient political goodwill from the local leaders which has seen some of their

programs unexecuted. The local leaders do not involve the public in the formulation of bills. He

expressed the need for support at the grassroots in ensuring that the citizens get information on

their rights at the county level in terms of Bills or budget formulation.

Miss Martha from TDF highlighted the niche of the caucus in which Public participation is one

of the activities of TDF. Other areas that TDF focuses on are management of the transition

process, public finance and intergovernmental relations.

TDF is a multi-sectoral alliance convened by civil society, to bring together like-minded

networks, organizations and individuals united for the promotion and protection of Devolution

and its implementation as enshrined in the Constitution of Kenya 2010.

National Womens Steering Committee highlighted some of the tremendous benefits that the

new constitution has brought particularly to women. This nonetheless has not lived without its

share of disappointments and challenges.

She noted that the greatest threat to the constitutional implementation is that people in

government have made tireless efforts towards scrapping the gains and sections of the

constitution that seeks to empower women. Sadly, those at the fore-front are the same people

who fought for women empowerment. She decried on the various court rulings on the

constitutional interpretation on gender questions.

Sections on affirmative action get little support from leaders. She however proposes that civic

engagements needs to be affirmed to save the bill of rights from extinction and redundancy.

There is a need for the CSO`s to do a house cleaning to ensure that they lead from the front on

the implementation of the constitution. So far she regretted that even employment in the variousCSOs does not conform to the constitution.

The Albinism Society of Kenya lamented on the fact that even the CSOs have not reached nor

enforced the 30% procurement requirement and 5% employment of PWDs within their offices.

He therefore pointed out on the need to do internal audit within the CSOs to ensure conformity to

the ideals of the constitution.

The representative from the Kenya Correspondence Association highlighted that there has been a

consistent attempts by the executive and the political class to gag and control the media. This has

led to moves aimed at manipulating the industry to the advantage of the Executive arm of the

government. She impressed upon the CSOs to be alert on these moves and rise to the occasion to

protect the freedom of the media.


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5.2. Human Rights/Justice: issues identif ied include the fol lowing

5.2.1 Human rights organizations have been known world over to be the champions of human

freedoms and fundamentals rights. Such organizations in Kenya face acute challenges

that fear to cripple the industry. They include;

Financial constraints

Lack of political goodwill and political patronage by a number of office holders in the

industry.

Inadequate legal frameworks

Negative perception by the government towards these bodies

Careerism by members who only us these organizations to grow their careers and not

living up to the expectations of the industry and public.

There should be some form of induction or mentorship for new entrants into the civil

society industry Lack of accountability and poor governance. This remains to be major challenge in many

human rights organizations.

The donors tend to put in more interests in personalities and not the institutions. Once

such persons leave the organizations, they leave with the donors.

5.2.3. The responses given by the human r igh ts players includes;

Donor funding dependency

Playing the role of musical chairs

5.2.4.

Opportuniti es avail able The Bill of rights enshrined in our constitution still remains a strength

5.3. Governance and Democracy:

5.3.1. issues identif ied include the foll owing:

Corruption and intimidation. The players are compromised by interested parties

Low civic awareness levels and insufficient capacity

No mechanism for ushering in new comers into civil society so that they understand their

role well

Lack of synergy between civil society due to duplication of roles and programs Access to information on the budget information from the government in time

Donor dependency

Poor documentation of reform struggles and experiences

Muzzling from the government through legislations that seeks to control the CSOs and

the media directly


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5.3.2. Lessons learnt

Access to information through advocacy for the Information Bill

The lack of trust between the government and the CSOs can be eroded byparticipating in government strategy planning meetings, attend assembly sessions

There is need for a proper policy framework for CSOs and Government engagement.

This will provide for a way in which the organs provided for the PBO Act 2013 can

relate with CSOs

Stop personification of the CSOs , form networks, believe in values and principles

Unity amongst the CSOs

5.3.3. Opportuniti es Avail able

Use of technology (organizations should have SMS, social media platforms to advertise,have private sector advertise in your sector)

Conduct consultancy services since CSOs have the skills and the knowledge

Synergizing for mobilization of resources

Representation of CSOs amongst donors

Champion devolution and constitutionalism

Willingness and readiness by constitution implementation agencies and institutions such

as the Transition Authority, National Land Commission, Kenya National Commission on

Human Rights, the Commission on Administrative Justice, the National Gender and

Equality Commission, the Kenya Law Reform Commission and Judiciary. These should

be engaged Resource is a challenge; one therefore needs to find out what drives him/her into civil

society. The money-mentality needs be disregarded at all costs.

6.0. Overarching Emerging Concerns

The meeting went into a plenary session where the following concerns were raised:

1. CSOs are part and parcel of society and must continue to play their traditional role, which

is accepted worldwide even in advanced democracies

2. It came out strongly that CSOs need finances to facilitate their operations. Some

members of CSOs have resources which they use to protect themselves.3. Donor funding on the areas of operations have been capped out. Resources are not only

cash but include human defenders, the media and the human resource.

4. It was important that CSOs consider their relations with the media. They should work as

partners since the media is either a partner in democracy or a compromise in dictatorship.

5. CSO is a stepping stone also for new careers. It is therefore a platform where one can

pursue his/her professional life


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forwarding memorandum should expressly indicate specific issues and areas participating

CSOs are demanding engagements.

7.6 Article 100 of the Constitution makes provisions for the enactment by parliament through

legislation to promote the representations in parliament of women, persons with

disabilities, youth, ethnic and other minorities and the marginalized communities. Thisparticular article is key and should be guarded. The office of the Attorney-General has

established a multi-sectoral committee to facilitate this process. Participating CSOs need

to engage this process to ensure that the enactment of any legislation safeguards the

constitutional gains of the people of Kenya in the CoK 2010. It is proposed that CSOs

organize themselves along sectors with a focal point to better engage with the AGs

process. Key actors in this process should among others include CRECO, TDF, PA, CWL, CRG,

NCSC, NWSC, DCIC, KEWOPA, KEWOSA, KEDIPA and CCI.

7.7 There are a number of legislative processes currently going on at both the County and

National levels. Some of these have the potential of clawing back on the gains of the

people of Kenya in the Constitution, especially the affirmative action principles of two-thirds gender rule and the five-percent (5%) rule for PWDs. These need to be constantly

monitored. The sectoral teams established in 5.5 above to take up this mandate in

addition to engagement with the AGs process.

7.8. The Platform isolated spiraling incidences of insecurity and violence taking hold in the

country and manifesting itself in total disregard for the dignity and sanctity of human life

of both civilians and members of security agencies; and setting. There is real danger that

these phenomena are once again setting Kenya towards the path of self-destruction

similar to those witnessed in 2007-2008 crisis. It is recommended that a 'High Level

Conference on Peace Security, National Cohesion and Growth' be immediately convened

to check the current trend and find a sustainable solution

8.0. Conclusions and Appreciations

KNAD reminded the participants how the past CSOs used to be filled with passion and zeal.

They succeeded in advocacy as leadership took over. There will be no change if we dont start

again through lobbying for the exact changes we desire to see in the public gallery.

He pointed out that a new political culture needs to come out reflecting on the people as the ones

currently in Kenya barely focuses on the common Mwananchi. They use, money as handouts to

lure the public in supporting what the people did not intend to achieve. There is a great need tohave leadership which focuses on improving the lives of common Mwananchi.

It was observed that the CSOs are currently moving in circles because they have so far not

concretized the new agenda for taking reforms to the next level. It was unanimously agreed that

the rallying point for CSOs under the new Constitution should be to safeguard the peoples gains

in the Constitution.


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The perennial difficulty of engaging the media was identified as persisting. The challenge is

informed in part by the fact that the current media as an industry is leaning towards the bait of

the political class. This needs to be broken by Civil Society. This would require need to define

new strategies of partnering with the media

The meeting observed that because of sustained solidarity among the CSOs in the decadepreceding the 2002 historic elections, it can be said that the CSOs won 2002 elections. This is an

indication that CSOs existence and role is still necessary and important. They need to identify a

new rallying issue around which the CSOs can work together as a unit. Since there is already a

new Constitution, what should concern Civil Society is to ensure the gains for the people in it is

secured and enhanced. This can only be achieved through strict implementation of the

Constitution itself. It was agreed that safeguarding the gains of the people in the Constitution

be the common agenda, but each sector would pursue their area but with a focal information

point. This was suggested to be facilitated by 4Cs.

1.

4Cs would like to, in a special way, thank those who attended and made the platform a

success through their useful contribution as contained in the report.

2. 4Cs Secretariat will be sharing the report, as agreed at the Platform, with development

partners, relevant state agencies and quasi-state agencies, including Transitional

Authority (TA), National Land Commission (NLC), Kenya National Commission on

Human Rights (KNCHR), Commission for the Implementation of the Constitution (CIC),

Commission on Administrative Justice (CAJ), the National Council for Persons with

Disabilities (NCPWD), the National Gender and Equality Commission (NGEC), the

National Council on Administration of Justice (NCAJ (Judiciary)), the Office of the

Attorney General (OAG), the Office of Controller of Budget (OCOB), the Office ofAuditor General (OOAG), the Ethics and Anti-Corruption Commission (EACC), the

Commission on Revenue Allocation (CRA), the Salaries and Remuneration Commission

(SRC) and the Independent Policing Oversight Authority (IPOA), County and National

Government and Parliament (Senate and National Assembly) among others. This

dissemination will facilitate individual CSOs and networks to constructively engage with

the various entities in the areas identified as opportunities during the Platform and

captured in the report; whether from the perspective of policy dialogue or resource

mobilization (fund raising).

3. We would like to request your organization to upload the report onto your websites.


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4Cs-Trust-FES Reflection and Re-thinking Platform

Wida Higway Meeting 29th -31st October, Meeting

List of ParticipantsNo. Organization Contact Persons

1 Centre for Human Rights & Civic Education - CHRCE Job Muisyo

2 Community Based Development ServicesCOBADES Mr. Peter Gitonga

3 Centre for Democracy & Good GovernanceCEDGG Mr. Cornelius Oduor

4 Institute for Civic Education & Development in AfricaICEDA

Mr. Kenneth Anusu

5 SEMA Trust Mr. Christopher Kileta6 St. Judes Counseling Centre(JCC) Ms. Lena Omondi

7 Rural Community Development AgencyRCDA Ms. Asenath Nyamu

8 Naivasha Disadvantaged Support Group (NADISGO) Mr. Stephen Mutiso

9 AMKA Space for Womens CreativityGrace Mwirigi

10 The Institute for Social Accountability/The Devolution Forum Martha Wanjala

11 FCPG Mr.Achayo Charles

12 CCI Otieno Cidi

13 Livinglight foundation Ochieng Khairalla

14 Centre for Memory & Development Wachira Waheire

15 Disability Caucus on Implementation of the Constitution Dr. Samuel Kabue (PWD

Visual)

16 Constitution for Reform and Education Consortium Moses Bakari

17 National Civil Society Congress (NCSC)/EACSOF - Kenya Leornard Ochieng

18 SOREC/Women Political Alliance Beatrice Kamau

19 Solidarity Goodwill Services (SGS) Julius Naituli

20 Kenya National Association for the Deaf (KNAD) Nickson Kakiri (PWD

Hearing)

21 Mount Kenya University Betty Chepkurui Milgo (PW

Albinism)

22 Community Sensitisation Agent Stephen Kariuki


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23 Community Sensitisation Agent James Njoroge

24 Kenya Correspondents Association Joyce Chege

25 Coalition for Peaceful Transition andReconciliation(COPTRE) Mr.Otieno Ombok

26 Urban Tenants Association Ephraim Murigo27 Nyayo House Torture House Survivors` Network Mr.Paul Amina

28 Albinism Society of Kenya Timothy Aseka

29 HURIA Alex M.Nziwi

30 PACODEO Josephat Sang Musbey

31 Community Sensitisation Agent Isabella Wandati

32 OCASP Lawrence Kariamburi

33 Participant Josephine Mumbua

34 Nyandarua County Assembly David Gitau N.

35 Inter-religious Council of Kenya Dr.Francis Kuria

36 Women Prisoners Association John N.Mugo

37 4Cs-Trust Sharlet Nunnie

38 4Cs-Trust Hezron Owallo

39 4Cs-Trust Khamasi Josephat

40 4Cs-Trust-Rapporteur David Oyola

41 4Cs-Trust-Coordinator Grace Wairimu

42 Fes-Programme Manager Kevin Osido

43 Asilia Consultancy-Lead Consultant Mary Njeri

44 4Cs-Trust Institutional and Governance Adviser-Main

Moderator Paddy Onyango45 Fes Dan Oguta

46 Kenya National Association for the Deaf (KNAD) Lucy Flora Atieno

47 Kenya National Association for the Deaf (KNAD) David Muturi

48 Disability Caucus on Implementation of the Constitution Esther Mulai

Guest Speakers

49 Katiba Institute Yash Pal Ghai

50 KNCHR George Morara

51 Commissioner-NLC Dr.S.K.Tororei

52 Transition Authority Kinuthua Wamwangi


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final report (long version) of kenyan civil society reflection platform

Documents