GENEVA (3 December 2013) – A group of United Nations Special Rapporteurs today urged the Government of Kenya to reject legislation that would impose severe restrictions on civil society. “The Bill is an evidence of a growing trend in Africa and elsewhere, whereby governments are trying to exert more control over independent groups using so-called ‘NGO laws,’” the human rights experts warned. To read more, click below: UN Rights Expert response to the Kenya Statute Law Bill on CSO restriction.
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A Bill has been tabled before the Senate that seeks to amend the County Governments Act, 2012 by introducing a new Section 111A which aims at establishing County Development Boards in all the 47 counties. The Bill sets out the composition of the Board to include inter alia, Senators from the County, Members of Parliament, identified representatives from the County Executive and the County Assembly. A memoranda to the national Assembly and the Senate two amendment Bill 2013 was made signed and delivered. This was signed by members of parliamentary Initiative Network (PIN) and The Institute of Social Accountability
To download the memoranda click on the following link;
Constitution and Reform Education Consortium (CRECO) on Thursday and Friday (11 – 12th July 2013) together with other stakeholders – CSOs, Ministry of Health and CRECO implementing members shared their finding on a social audit conducted on Health and Education facilities in Kenya.
The meeting was held at the Nairobi Safari Club, University Way and brought together officials from the Ministry of Health, the Ministry of Education, Civil Society Organizations involved in the education and health sector, and officials from CIDA, DFID-Kenya among others. The meeting was called to share social audit findings of service provision in six (6) counties of Marsabit, Nairobi, Kisumu, Baringo, Makueni and Kitui. This follows a culmination of its project “Strengthening Social Accountability in Education and Health Sectors through effective local organizations”, the project ran for 18 months with support from CIDA.
The Ministry of Education reported that several efforts have been put into place to ensure that education service provision improves
The social audit findings indicate among other findings that:
- Provision of Medical Supplies e.g. essential and adequate drugs continues to be a challenge to most hospitals throughout the seven counties, with most facilities reporting that requisitions sent to KEMSA either arrive late or drugs sent are not what was requisitioned forcing patients to be sent to purchase drugs outside the facilities.
- Staffing of teachers was noted to be very high in schools situated near towns or modern facilities as compared to schools which were to be found 120kms from the nearest town or infrastructure with most teachers preferring to be posted in schools that were near a town or infrastructural development
- Facilities such as beds, x-ray equipment, maternal delivery units etc were still a major challenge to most hospitals situated in the seven (7) counties, with lower level hospitals unable to cope with any arising emergencies forcing patients to drive for over 300km to access the nearest health facility - a case of Marsabit – with most patients dying along the way as the roads are in existent.
- Schools development has ignored essential facilities required by school going children with ECD classes being the most affected. Essential facilities like toilets (segregated for boys, girls and teachers) being non existent in some areas, some schools also do not have running water.
- Teachers absenteeism was quite rife in schools that were not accessible and monitoring by MoE was in and far between or not done at all, this was noted in most counties with teachers opting to operate boda boda business, attend market days or pursue other personal business at the expense of students and pupils.
- Most Head Teachers did not share information on funds given to schools on their accountability boards, with most Head Teachers refusing to give information without authorization from the MoE, and in some cases the School Management Committees (SMCs) lacked the requisite information and knowledge to question any misuse of funds.
These findings are just a few of the issues that were raised in the reports from the seven implementing members. To access the full reports kindly visit the following links below:
Baringo Social Audit Report by CEDGG – Nakuru, Social Audit Baringo County
Kitui Social Audit Report by CHRCE – Mwingi, Social Audit Kitui County
Kisumu County Social Audit Report by ICEDA – Kisumu, Kisumu County Social Audit Report
Makueni County Social Audit Report by MAPACA – Makueni , Social Audit Makueni County
Marsabit County Social Audit Report by PACODEO -Marsabit, Social Audit – Marsabit County
Nairobi County Social Audit Report by MMO – Nairobi (to be posted later)
Your feedback on the same will be highly appreciated.
What is devolution?
Devolution is a form of governance that involves the transfer of power and
resources by the central government of a sovereign state to governments at
a lower level, usually at the sub-national level. Devolution is instrumental in
ensuring that citizens are able to participate effectively in governance.
Click to read more Devolution FAQ Answered
The monitoring of county governments throughout the country by CRECO members and civil society continues to pick momentum, and towards one of CRECO members in Nakuru, Centre for Enhancing Democracy & Good Governance (CEDGG) have accussed the Governor, Kinuthia Mbugua of breaking the law by appointing Executive Committee and County Board members who had not been vetted by the CountyAssembly.
CEDGG are now planning a mass action against the Governor, and have also moved to court to block the governor and his nominees from conducting any business in the county until the Governor follows the due process. For more information please read:Nakuru County
People living with disabilities have called for fresh nominations of county representatives. The United Disabled Persons of Kenya (UDPK) a member of CRECO yesterday termed as a sham the nomination of representatives for seats set aside for people living with disabilities.
They accussed the IEBC of failing to live up to its refereeing role. UDPK Programme Officer, Saitoti Njenga said the association will demand a fresh shortlisting of candidates to be nominated to the assemblies by parties. ”It is shocking that seats constitutionally reserved for our members have been taken away. We are very concerned and demand that the process be done afresh”, he said at a press briefing.
Saitoti said political parties, which are suppossed to be vehicles of achieving effective representation of disabled people and special interest groups, have contributed to further marginalisation. “By not adhering to their own nomination rules and guidelines, political parties have further subjected persons with disabilities to inconveniences which could be avoided”, he said. The Secretary of the Disability Civil Society Congress, Polycarp Mboya blamed the IEBC for failing to put in place proper mechanisms.
He cited an example in Kiambu county where a seat set aside for a person with disability from Kirinyaga was allocated to a youth. Mboya accussed the tribunal in its ruling on May 4 in determining issues raised by persons with disabilities saying it did not considere enhancing their participation but diminished it. ”Our view is that, it is the local persons with disabilities within a county who can best articulate their issues”, he said.
Courtesy of The Start, Wednesday 29th May 2013, Page 7
Centre for Enhancing Democracy & Good Governance (CEDGG) a member of CRECO sought orders from the Nakuru High Court to bar the CDF Board from approving any CDF committees until their petition is heard. In its case CEDGG seeks to stop the implementation of the CDF Act of 2013, as it violates the principles of separation of powers and division of functions as set in the constitution. To read more on the same click link below:
CRECO with support from Ford Foundation, Uraia Trust and Hivos East Africa held its 1st Regional Learning Platform on Constitutions and Elections whose theme was: “Exploring the dynamics of Constitutionalism and Elections in the Region“, on Monday 20th – Tuesday 21st May 2013 at Hilton Nairobi. The learning platform brought speakers from as far as Zimbabwe, Tanzania, Sudan, Uganda and Burundi. Key note speakers included Justice David Majanja of the High Court, Prof. George Kanyeihamba, Retired Justice Supreme Court of Uganda, Dr. Alexander Makulilo of the University of Dar es Salaam, Mr. Thierry Ndayishimiye, Journalist with the Arc du Ciel Newspaper in Burundi, and Ms. Grace Kimani-Maingi, CEO Uraia Trust.
The regional learning platform was a success with participants, speakers and discussants key among them Mr. Felix Odhiambo of EISA, Mr. George Kegoro of ICJ -Kenya, Mr. Charles Nyachae of CIC, Ms. Helen Obande of UDPK Mr. Waikwa Wanyoike of Katiba Institute, Ms. Josephine Mongare, Board Member of FIDA – Kenya, Mr. Paul Masese of CRECO all sharing their experiences and views on issue ranging from affirmative action, the right of persons with disabilities to participate in electoral and democratic processes, the supreme court of Kenya decision on the election of 4th March 2013 among others. The meeting was closed with a word of thanks from Mr. Maurice Makoloo of Ford Foundation. A report of the process will be shared once finalised.