CITIZENS COALITION FOR CONSTITUTIONAL CULTURE

4CS TRUST

CIVIL SOCIETY
ORGANIZATIONS
REFLECTION &
RETHINKING PLATFOPRM
REPORT
David Oyola, Chief Rapporteur

2014

KATIBA
Ngong Road P.O. BOX 10394 00100, NAIROBI, Kenya
K A T I BHOUSE,
A H ODagoreti
U S E , Corner,
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RETI CORNER, OFF NGONG ROAD P.O. BOX 10394
4cskenyatuitakayo@gmail.com

00100, NAIROBI, KENYA

4CSKENYATUITAKAYO@GMAIL.COM

CONSTITUTIONAL TRANSFORMATION
CIVIL SOCIETY STRENGTHENING AND VISIBILITY
REFLECTION AND RE-THINKING PLATFORM 2014

WIDA HIGHWAY MOTEL & CONFERENCE CENTRE

NAIROBI-NAKURU HIGHWAY, KIAMBU COUNTY
29th 31st October, 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)

Table of contents
List of abbreviation ..3
a. Executive summary...........5
b. Abridged declaration.8
Platform for action....11
Way forward matrix..13
Declaration narrative.....15
Platform for action narrative19
Press statement ..22
Introduction....26
Sample of participants expectations..26
Presentations from experts.....27
Plenary presentations ....33
Groups presentations.........36
Emerging concerns ...39
Way forward .....39
Conclusions and Appreciations.40

List of Abbreviations
4Cs Citizens Coalition for Constitutional Culture
AG Attorney General
AIDS Acquired Immune Deficiency Syndrome
ART Anti-Retroviral Treatment
ARV Anti-Retro-Viral
CAJ Commission on Administrative Justice
CCI Coalition on Implementation of the Constitution
CIC Commission for the Implementation of the Constitution
CKRC Constitution of Kenya Review Commission
COG Council of Governors
CRECO Constitution and Reform Education Consortium
CRG Civil Society Organizations Reference Group
CSF County Speakers Forum
CSMDGWG Civil Society Millennium Development Goals Working Group
CSOs Civil Society Organizations
CUC Court Users Committee
CWL Caucus for Women Leadership
DCIC Disability Caucus on Implementation of the Constitution
ED Executive Director
ELOG Election Observer Group
FDIs Foreign Direct Investments
FES Friedrich Ebert Stiftung
GJLOS Governance Justice Law and Order Sector
HIV Human Immuno-deficiency Virus
ICC International Criminal Court
KEDIPA Kenya Disability Parliamentary Association
3

KEWOPA Kenya Women Parliamentarians Association

KEWOSA Kenya Women Senators Association
KNAD Kenya National Association of the Deaf
KNCHR Kenya National Commission on Human Rights
KRA Kenya Revenue Authority
LSK Law Society of Kenya
MCAs Members of County Assembly
MDGs Millennium Development Goals
MDP Ministry of Devolution and Planning
MTEF Medium Term Expenditure Framework
MTP Medium Term Plan
NCAJ National Council on Administration of Justice
NCSC National Civil Society Congress
NCSC National Civil Society Congress
NGEC National Gender and Equality Commission
NGO Non-Governmental Organization
NLC National Land Commission
NSSF National Social Security Fund
NWSC National Womens Steering Committee
PACODEO Pastoralists Community Development Organization
PAYE Pay as You Earn tax regime
PBO Act Public Benefit Organizations Act 2013
PEV Post Election Violence
STT Sectoral Thematic Teams
TA Transition Authority
TDF The Devolution Forum
TJRC Truth Justice and Reconciliation Commission
WPA Women Political Alliance
4

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 brought
together 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 29th to the 31st of 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
5

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 also
invited 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 disparate
initiatives 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 subsector. 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.

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
7

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 portray
Kenya 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 and
National 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,
8

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 Speakers Forum, Members of County
Assemblies Caucus and 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 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. 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 jumpstart the implementation process.

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 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. 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 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 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.

10

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 the
Platform 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.

11

C. Way Forward
No.
1.0

Item
Finalization &
dissemination of
Platform Report in two
versions

2.0

Status of discussions
of the PBO Act 2013
in Civil Society
Reference Group
Establishment of a
CSOs PBO Act
Liaison Team

3.0

4.0

Preparation of
participating CSOs
Contact List

5.0

Engagement with
Affirmative Action
legislative processes
under Articles 27, 56,
81, 82 and 100 of CoK
2010

6.0

Policy formulation,
legislative processes
and Security Sector
Reforms

Action
Collate all information
gathered into two versions
of the report, short and long;
merge with Declaration &
Platform for Action &
widely disseminate
Obtain and share status and
position on PBO Act and
disseminate

Timeline
10 days after
Platform

Actor (s)
Chief Rapporteur
& 4Cs Secretariat

7 days after
Platform

A team of between 7 and 9

to be put in place

14 days after
Platform

Create a Contact List of

Participating CSOs and
forward to relevant
authorities with specific
demands
Establish Sectoral Thematic
Teams from among
participating CSOs,
facilitate a joint meeting for
harmonization of crosssector strategies &
Coordinating Focal Point

10 days after
Platform

Mr. Otieno
Ombok, CRECO
and 4Cs
Secretariat
4Cs Secretariat
and Platform
Planning Team,
WPA,CWL,
CRECO,
TDF,CRG,NCSC,
KEDIPA,DCIC,
ASK
4Cs Secretariat

14 days after
Platform

4Cs Secretariat
and Platform
Planning Team,
CRECO,TDF,PA,
CWL,CRG,NCSC
, NWSC, DCIC,
KEWOPA,
KEWOSA,
KEDIPA, CCI,
ASK

Monitoring policy
formulation, legislative
processes and security
sector reforms at County
and 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

Outcome
Professionally sound
final report in two
parts done and
disseminated,
including in social
media
Status of Reference
Group positioning
obtained and
disseminated
CSOs PBO Act
Liaison Team in place
and engaging the Task
Force on PBO Act

Contact lists in place

and disseminated to
designated authorities
with specific issue
demands
Sectoral Thematic
Teams in place with a
Coordinating Focal
Point & engaging with
the AGs process on
legislative process
under Articles 27, 56,
81, 82 and 100 of CoK
2010

Sectoral Thematic
Teams effectively
monitoring policy
formulation and
offering alternative
proposals

12

DECLARATION
&
PLATFORM FOR ACTION

13

CONSTITUTIONAL TRANSFORMATION
CIVIL SOCIETY STRENGTHENING AND VISIBILITY
REFLECTION AND RE-THINKING PLATFORM 2014
DECLARATIONS AND PLATFORM FOR ACTION
31ST OCTOBER 2014
WE, 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 29th and 31st October 2014 HAVING candidly 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;
HAVING clinically 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;
HAVING further 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;
ACKNOWLEDGING with 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;
HAVING determined 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;

14

NOTING with 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;
CONVINCED that the Constitution of Kenya 2010, remains the only binding legitimate social
contract and covenant among us Kenyans that guarantees our mutual co-existence as the basis of
being PROUD of our ethnic, cultural and religious diversity, and determined to live in peace
and unity 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
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. THAT the only means of securing and Safeguarding Peoples Constitutional Gains is
through faithful implementation of the Constitution of Kenya 2010 on the basis of:
Article 1:
Sovereignty of the People
Article 2:
Supremacy of the Constitution
Article 3:
Defence of the Constitution; and
Article 10:
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 the rapidly emerging hostile 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.

15

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 economic
developmental 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 to
job 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. THAT regrettably 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
16

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. THAT 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-sectoral 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. THAT 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, 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. THAT 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 9.7 above together
with the Council of Governors, County Assembly Speakers Forum, Members of County
Assemblies Caucus and Development Partners.
17

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. THAT there 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 the
progress made in this regard by the establishment of Inter-Agency Committee to jumpstart the implementation process.

D. Platforms for Action

1. THAT 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 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
18

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 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. 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 the
team.
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. THAT a 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. THAT a donor roundtable is held to share the outcomes of the Platform and define future
relationships and engagement with CSOs.

19

JOINT PRESS STATEMENT

Communiqu

20

PRESS STATEMENT ON CIVIL SOCIETY REFLECTION

&
RE-THINKING PLATFORM 2014
1ST NOVEMBER 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
Constitutional Transformation: Civil Society Strengthening and Visibility 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 faithful implementation of the Constitution of Kenya 2010 on the
basis of:
Article 1:
Article 2:
Article 3:
Article 10:

Sovereignty of the People

Supremacy of the Constitution
Defence of the Constitution; and
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.

21

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 giving
assurances 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.

22

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 1st November 2014.

Signed By:
Participants

23

MAIN RECORD OF
PROCEEDINGS

24

1.0.

Introduction

The session commenced from 9:00 a.m. with a brief introductory remark from Main
Moderator, Mr. Paddy Onyango, who was the substantive moderator of the forum, on the
operating environment in so far as the CSOs are concerned after which he highlighted
notable key areas of deliberations by the Platform. This set the stage for formal introductions
by the CSOs representatives. Introductions were on the basis of organizations, thematic area
and/or sector of operation, county and at least one expectation and two challenges the
individual CSOs encounter in pursuing their mandates.

2.0.

Sample of the participants expectations

The participants wanted to share and contribute their ideas so that they meet the need of
the forum expectations.

The referendum, what is our stand?

There is currently no organized civic education on the Constitution. This is affecting

participation of citizens and holding leaders to account

Ways and means of engaging with County and National Government without hostility

Most of the participants wanted to learn from others since they both come from different
organizations, share different experiences and challenges that they face and also how they
can collectively solve them.

How the rich history of constitutional reform struggles can be documented for future
reference.

Divisions and competition within Civil Society, causes and solutions

The work of various bodies responsible for implementing the Constitution and the
challenges they face and how Civil Society can work with them

Implementation of Devolution

Resource mobilization

The PBO Act

What is the new message on reforms now that there is a new Constitution?

25

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 to
consider 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 devolution
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 has
complied. 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.
26

Assets and liabilities

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.
Urban areas and cities
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 rights
iii. 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
27

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 to
manipulate 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 however
cautioned against constitutional amendments at times time.

28

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 the
Community 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.

29

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 divergence
iii. 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 rights
of 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.

30

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 compliance
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?

31

Mr. Morara made it clear to the participants that they can write to the commission. They are also
in the process of coming up with a big policy issue.
The lives of the people at the grassroots needs to be worthwhile. This can be achieved through
the following proposals:

Civic awareness
Encourage Chief Barazas
Educate people and monitor
Encourage community participation
Awareness through advocacy and lobbying to ensure that PWD`s are involved in
governance process
Food security
Monitoring the expenditure on public funds

4.0.

Plenary Presentations

Presenters acknowledged the reality that there were impeccable steps that has been taken by the
civil society movements in the country. Members nonetheless pointed out that the participants
that the currents Administration is a bit shaky when it comes to the Civil Society Movements in
the country. Lack of unity within the CSOs has cost the industry opportunities which has often
presented themselves.
A raft of proposals came up from the platform which implored the participants on the need for
the CSOs to monitor the amendments being made in both Parliaments or though popular
initiatives. This will ensure that the spirit and the letter of the constitution is protected for in it
are the aspirations of the people of Kenya.
CSOs need to work in harmony so that their actions are not in isolation which often leads to
reactionary approaches. They also noted that the CSOs should be proactive in the interpretation
of the law for it will ensure that there is clear observance of the rule of law.
The ministry of land and the National Land Commission entrusted with the drafting of land laws
and its administration ought to ensure that the Community Land Bill is fully enacted. This Bill
will ensure that the communities will have a voice in the type of land use they would prefer.
CSOs were encouraged to being innovative approaches to activism like coming up with draft
Bills to address some of the matters they need addressed.
The Kenya National Association of the Deaf representative shared with the participants some of
the challenges KNAD has faced in the recent past. He cited article 54 which talks of the
inclusion of persons living with disabilities into various institution and decisions.
KNAD highlighted some of the challenges faced as lack of political goodwill. Political leaders in
high offices give little support and importance to the community on various important decisions
to be made which affects them.

32

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 the
constitutions. 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 Association spoke 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 through PACODEO highlighted 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.

33

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 various
CSOs 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.

34

Under the direction of the moderator Mrs. led the participants into forming groups for a group
discussion based on the various assignments and questions. A committed was later constituted
comprising of representatives from every group.
5.0.

Group Presentation, Discussion and Way Forward.

The Main Facilitator, Ms. Mary Njeri divided participants into sectorial and thematic expert
syndicates (groups). Together with problem questions, each group was assigned the task of going
through the draft ten-point declaration and platform for action and the draft joint press statement.
The moderator asked the committee of experts to share the report on the discussions as follows
according to the thematic areas:
5.1.

People Living With Disabilities:

5.1.1 Issues identified include the following

Stigmatization.
Challenges such as accessibility into various premises and facilities
PWD`s lack sign language interpreters. This hampers communications and participation
in the public debates and affairs.
Lack of sufficient resources for growth and support
Another challenge is lack of disability mainstreaming in different sectors. Several
processes which include law and budget making barely factor in the inputs of the PWD`s.
Inadequate legal framework to address the plight of PWD`s.
There has been a shrinking donor support to the CSOs and lack of government funding to
the industry.
The government has a problem with the human rights organization. This exposes PWD`s
to vulnerability as the same government which is supposed to protect and support them
becomes absent.

5.1.2 Opportunities for the PWD`s

The government needs to introduce the Disability funds, progressive adjustments

(building accessibility)
Using the legal tools, the constitution which requires at least 5% inclusivity in
appointments to be PWD`s.
The ongoing task team put together by the Attorney General to put in place legislation
which is supposed to be made in accordance with Article 100 of the Constitution and
Article 82 (c).

5.1.3. Lessons Learnt

There should be a continuous awareness and sensitization.

Government agencies needs to factor in the efforts of the PWD`s.

35

5.2. Human Rights/Justice: issues identified include the following

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 rights players includes;

Donor funding dependency
Playing the role of musical chairs
5.2.4. Opportunities available
The Bill of rights enshrined in our constitution still remains a strength
5.3. Governance and Democracy:
5.3.1. issues identified include the following:
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

36

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 by
participating 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. Opportunities Available

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

37

6. Are there values in the sector? CSO is not very serious about the values it stands for. This
means that the leaders joining government have no CSO values entrenched in them.
7. The PBO Act is already a law passed after a long consultation. It should be implemented
as it is. It should not be amended against the Constitution to make the work of Civil
Society difficult or weaken it.
8. There is no structured arrangement for how CSOs and the government at the County and
National level engage. This is one of reasons for tension between the sector and national
government.
9. Donors have lost faith in the CSOs. Unity and purpose is important therefore in the
execution of these duties. It pushes the benefits to the public who then enjoys these
struggles.
7.0.

Way Forward

7.1.

The final report of the Platform to be circulated within ten days of the end of the meeting.
The report should have a short and a long version. The short version should be a standalone summary highlighting the main outcomes of the Platform.

7.2.

The outcomes of the Platform including the Declaration and Platform for Action as well
as the Press Statement should be immediately circulated widely including in social
media.

7.3.

Information on the status of discussions within the CSO Reference Group on the PBO
Act, proposed amendment and the common position adopted and the next stages of
engagement to be obtained and circulated to participating CSOs within seven days of the
Platform. Mr. Otieno Ombok, a member of the Civil Society Reference Group
volunteered to facilitate this action point.

7.4.

The CSOs need to form a small team of individuals to link up with the CSO Reference
Group to discuss all issues around the PBO Act, including how to engage with the Task
Force established by the Ministry of Devolution and Planning. The mandate of this team
is to safeguard the initial agreements as contained in the enacted PBO Act 2013. They
ought to find out whether the proposed amendments actually cover their views and
aspirations. Mr. Otieno Ombok as the civil society reference contact person was assigned
the linkage task. Key actors in this process together with others Constitution and Reform
Education Consortium (CRECO), Albinism Society of Kenya' in the Way Forward and
(ASK), Disability Caucus on Implementation of the Constitution (DCIC), The Devolution Forum
(TDF), Womens Political Alliance (WPA), Caucus for Womens Leadership (CWL), Civil
Society Reference Group (CRG), National Civil Society Congress (NCSC), Coalition for
Constitutional Implementation (CCI) and Kenya Disability Parliamentary Association (KEDIPA).

7.5

The 4Cs to prepare the list of participants and facilitate sharing with the Transition
Authority, National Land Commission, the Kenya National Commission on Human
Rights, the National Gender and Equality Commission, Commission on Administrative
Justice and the National Council on Administration of Justice. For each of the entities, a
38

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. This
particular 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 twothirds 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 to
have 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.

39

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 decade
preceding 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 of
Auditor 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.

40

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

Wida Higway Meeting 29th -31st October, Meeting
List of Participants
No.

Organization

Contact Persons

Centre for Human Rights & Civic Education - CHRCE

Job Muisyo

Community Based Development Services COBADES

Mr. Peter Gitonga

Centre for Democracy & Good Governance CEDGG

Mr. Cornelius Oduor

Institute for Civic Education & Development in Africa

ICEDA

Mr. Kenneth Anusu

SEMA Trust

Mr. Christopher Kileta

St. Judes Counseling Centre (JCC)

Ms. Lena Omondi

Rural Community Development Agency RCDA

Ms. Asenath Nyamu

Naivasha Disadvantaged Support Group (NADISGO)

Mr. Stephen Mutiso

AMKA Space for Womens Creativity

10

The Institute for Social Accountability/The Devolution Forum

Grace Mwirigi
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

16

Constitution for Reform and Education Consortium

Dr. Samuel Kabue (PWD

Visual)
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)

21

Mount Kenya University

Nickson Kakiri (PWD

Hearing)
Betty Chepkurui Milgo (PWD
Albinism)

22

Community Sensitisation Agent

Stephen Kariuki
41

23

Community Sensitisation Agent

James Njoroge

24

Kenya Correspondents Association

Joyce Chege

25

45
46
47
48

Coalition for Peaceful Transition and

Reconciliation(COPTRE)
Urban Tenants Association
Nyayo House Torture House Survivors` Network
Albinism Society of Kenya
HURIA
PACODEO
Community Sensitisation Agent
OCASP
Participant
Nyandarua County Assembly
Inter-religious Council of Kenya
Women Prisoners Association
4Cs-Trust
4Cs-Trust
4Cs-Trust
4Cs-Trust-Rapporteur
4Cs-Trust-Coordinator
Fes-Programme Manager
Asilia Consultancy-Lead Consultant
4Cs-Trust Institutional and Governance Adviser-Main
Moderator
Fes
Kenya National Association for the Deaf (KNAD)
Kenya National Association for the Deaf (KNAD)
Disability Caucus on Implementation of the Constitution

49
50
51
52

Guest Speakers
Katiba Institute
KNCHR
Commissioner-NLC
Transition Authority

26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44

Mr.Otieno Ombok
Ephraim Murigo
Mr.Paul Amina
Timothy Aseka
Alex M.Nziwi
Josephat Sang Musbey
Isabella Wandati
Lawrence Kariamburi
Josephine Mumbua
David Gitau N.
Dr.Francis Kuria
John N.Mugo
Sharlet Nunnie
Hezron Owallo
Khamasi Josephat
David Oyola
Grace Wairimu
Kevin Osido
Mary Njeri
Paddy Onyango
Dan Oguta
Lucy Flora Atieno
David Muturi
Esther Mulai
Yash Pal Ghai
George Morara
Dr.S.K.Tororei
Kinuthua Wamwangi

42

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