Read full submission here

To: Clerk of the National Assembly

P.O. Box 41842-00100

Nairobi

From: Coalition of Civil Society Organizations

Date: January 7, 2022

RE: The Huduma Bill (National Assembly Bill No. 57 of 2021)

Dear Michael R. Sialai, Clerk of the National Assembly, & the Departmental Committee on Administration and National Security: We submit this memo on The Huduma Bill as a coalition of Kenyan civil society organizations with expertise in issues of identification, civil registration, nationality rights, data protection and privacy, minority rights, children’s rights, human rights, and other related issues.

The Huduma Bill is proposing the largest set of changes to the legal framework governing Kenya’s identification system since before independence. If enacted, the Huduma Bill would become the single law anchoring birth and death registration, issuance of identification cards, issuance of passports, and governance of the National Integrated Identity Management System (NIIMS, also referred to as Huduma Namba). As such, the draft legislation, system design, and all other decision points around NIIMS must be considered very carefully, comprehensively, and transparently.

In addition to the detailed analysis and recommendations that follow, we would like to call the Committee’s attention to several fundamental issues that must be addressed before determining whether or not to move forward with the Huduma Namba system.

● Public Participation: Given the extensive nature of NIIMS and that it will impact many areas of lives of all Kenyans, this bill and all related legislation and/or regulations require robust public participation across the country through which the government can receive and consider the views and suggestions of Kenyans and other residents of the country and incorporate them into the final version(s). At all steps in the legislative process, the government should provide full information by advertising opportunities to provide input into the Huduma Bill not only on print media and gazette notices, but also through social media, TV stations and radio to give room for more Kenyans to interact with the Bill and share their view. In-person public participation opportunities should be organized by the government in every county – in accessible locations, in vernacular languages, with sufficient notice, and with information (such as the latest copy of the bill) provided in advance to enable Kenyans to provide informed views. Following all public participation opportunities, including the current collection of memoranda, feedback should be provided to the public on what recommendations were received and how input has been taken into account in amending the bill or plans for NIIMS. The government must invest in building user trust and confidence on digital ID, including through meaningful and robust engagement on the anchoring legislation, the system design, and with the governing body for NIIMS.

● Risks of Exclusion: The Government must ensure all Kenyans can access identification documents such as birth certificates and national identity cards prior to moving forward with Huduma Namba. The draft bill does not sufficiently address concerns of exclusion that have been repeatedly raised over the past three years. It is critical to avoid importing issues prevalent in the current system of accessing birth registration, ID cards, and passports into the system proposed in this Bill. Those at risk of exclusion from NIIMS enrolment include Kenyans without identification documents, people with biometric challenges (such as unreadable fingerprints), persons with disabilities, street families and street children, and stateless persons. The High Court, in January 2020, also imposed a requirement on the government to establish a comprehensive regulatory framework that addresses how Kenyans without identity documents and people with biometric challenges can enroll in NIIMS – issues yet to be addressed in this bill or any existing regulations. Beyond risks of exclusion at the point of enrolment, there are no safeguards in the current draft bill to ensure against denial of services either for persons not enrolled in NIIMS or for those who are enrolled but who face challenges in the authentication or verification process at the point of accessing services or conducting transactions. Without significant changes, this bill will lead to the exclusion of millions of Kenyans and other residents in the country.

● Need for a Transition Period: The law must provide for a multi-year transitional period between the current Registration of Persons Act and the Huduma Act. The transition period must also address initial enrollment into NIIMS, in particular for those without registration documents and for those in the process of obtaining an ID card under existing laws. A transition period in which the focus is expanding coverage of birth registration and ID card issuance, prior to NIIMS enrollment, will help address challenges of those likely to be excluded from the system. A transition period would also allow for taking the public through proper civic education and comprehensive training of all government officials in registration and related agencies that would use NIIMS.

● Right to Privacy and Data Protection: The Government must ensure Kenya has a financially independent and well-resourced data protection authority, capable of discharging its mandate under the Data Protection Act. The government ought to ensure the swift adoption of the draft Data Protection Regulations (2021). Shall an individual misuse the biometric or personal data of a registered person, it can result into discrimination, profiling, surveillance of the data subjects and identity theft. The government must also ensure protection of whistleblowers who expose data misuse incidents.

● Policy Framework: Civil registration and identification are critical functions in a country as they provide individuals with a unique legal identity throughout their lives. Transitioning to a digital identity system such as Huduma Namba in a country where there exists a fragmented civil registration system is a complicated matter. The success of the Huduma Namba programme will be hinged on addressing the gaps and bottlenecks that have plagued Kenya’s civil registration and identification systems. There is a need for a holistic approach that is informed by evidence-based research, a comprehensive national policy on civil registration and identification, a robust strategy and an implementation plan with a clear road-map for the implementation of the Huduma Namba (NIIMS). The Bill, as currently drafted, is not informed by any of these foundational elements, which could portend challenges for the process of transition from paper-based systems, the current national identification card, and the various forms of identification under the numerous registration systems and government service providers.

● Governance and Institutional Framework for NIIMS: The NIIMS Committee proposed in section 65 is an oversight body and not sufficient to give effect to various rights that individuals have in the Constitution and in this draft bill (i.e., appeal a decision of a NIIMS Officer, update particulars, etc.). There is a need to establish an agency or commission as a competent, robust, and independent institution responsible for the planning, management, administration and implementation of NIIMS and the Bill. Such an agency would be in line with Sustainable Development Goal 16.6 to develop effective, accountable and transparent institutions. Please find attached a more detailed analysis and recommendations of selected sections – improvements to which would vastly strengthen the Huduma Bill and the NIIMS / Huduma Namba system, should it move forward.

We would be glad to provide further input and perspectives on the bill and how best to establish an effective, inclusive, and privacy-respecting identification system in Kenya.

Sincerely,

1. Heralding Development Organization

2. Undugu Society of Kenya (USK)

3. The Nubian Rights Forum

4. ARTICLE 19 Eastern Africa

5. Kenya Human Rights Commission (KHRC)

6. Kenya ICT Action Network (KICTANet)

7. Protection International Africa

8. Namati Kenya

9. Lawyers Hub Foundation

10. Defenders Coalition

11. Haki na Sheria Initiative

12. Haki Centre

Read full submission here

WE, THE UNDERSIGNED, on behalf of our various organizations and the people of Kenya;

DRAW the attention of the House to the following: –

1. THAT, we held a two-day consultative meeting in Naivasha, with the National Assembly Departmental Committee on Administration and National Security, over the Huduma Bill, 2021.
2. THAT, in attendance to the two-day consultative meeting were representatives of the Department of Immigration, the Independent Electoral and Boundaries Commission (IEBC), the Huduma Secretariat, the Office of the Data Commissioner and the Principal Administrative Secretary in the Ministry of Interior
3. THAT, this two-day consultative meeting on the Huduma Bill, 2021 was premised on our proposed amendments with grounded recommendations, which proposed amendments are as attached to this petition.
4. THAT, having made our submissions during the session and listening to the submissions of the Independent Electoral and Boundaries Commission, the office of the Data Protection Commissioner and the Huduma Secretariat, we were convinced more than ever, that the Huduma Bill, 2021 is a bad bill. It is a misnomer. It is a security surveillance bill, that perpetuates exclusion as it securitizes social services and should it pass in its current form, it will prevent access to the Chapter three and chapter four rights under the Constitution of Kenya, 2010.
5. THAT, the objects and the long title of the bill do not speak to the Kenyan problem that the bill seeks to solve, which is the reform of the identity ecosystem, hence making the bill fatally flawed in form and structure.
6. THAT, the institutional infrastructure proposed in the bill makes the Principal Secretary, the prosecutor and judge in cases of decision making on issuance of Huduma number, arbitrary powers subject to abuse. A good institutional infrastructure would have provided for an institution to oversee management of the legal identity and a two or three tier administrative process, with an appellate provision and subjected to Parliamentary oversight.
7. THAT, a law should not purport to disband institutions in the identity ecosystem like the Huduma bill, 2021 proposes, especially, since some of the legislations that it proposes to repeal, were enacted to help implement the Constitution of Kenya, 2010. The Huduma Bill, 2021 proposes to repeal them without factoring their Constitutional anchorage and their role in operationalizing the Constitution of Kenya, 2010 to give effect to rights under Chapter three of the Constitution.
8. THAT, the risks of enacting the Huduma Bill, 2021 as is, far outweigh the benefits. The current structure and the form of the bill is not in legislative harmony with the identity ecosystem, making the bill fatally incurable.
9. THAT, the timing of the bill with less than six months to the General Election 2022, especially since it mentions that the Independent Electoral and Boundaries Commission may rely on it for purposes of voter registration, may create confusion and throw the entire electoral process into disarray.
10. THAT, the Huduma Bill, 2021 proposes governance by technology, without creating the institutions for that governance, subjecting the governance to systems that cannot be oversighted. It comes off as diminishing chapter three of the constitution by reducing the vital function of citizenship and immigration, civil registration and even management of the national population register to a mere system.
11. THAT, there is no digital identity policy for Kenya, which as a good practice, should precede and guide the development of a digital identity ecosystem legislation, such as the Huduma Bill, 2021.
12. THAT, the Huduma bill is fundamentally unconstitutional, as it violates rights under chapter three of the Constitution of Kenya 2010, in a manner not contemplated by Article 24 of the said Constitution.
13. THAT, Technology needs to be used as an enabler for Social Services, to serve the citizens, but in the Huduma Bill, 2021, it is being used for exclusion to services.
14. THAT, the Huduma Bill, 2021 needs to institutionalize the process of reforming the identity ecosystem, instead has only created systems without institutions.
15. THAT, the Huduma Bill, 2021 will add to further exclusion of various categories of persons, as it seeks the requirement of documentation such as national identity cards amongst others to access huduma number, documents that sections of persons have been discriminated from obtaining. The Huduma Bill, 2021 will aggravate an already bad situation.
16. THAT, the Huduma Bill, 2021 treats minors, in a similar manner to adults in obtaining their data, whilst normally, minors might not receive the types of services anticipated under the Huduma Bill, 2021, unless with the consent or through their parents and guardians.
17. THAT, the disharmony that was displayed by the government/public institutions, the Independent Electoral and Boundaries Commission, the Huduma Secretariat, the office of the Data Protection Officer and the Department of Immigration during the consultative meeting calls for a multi-sectoral, multi-departmental and Civil Society task force approach to facilitate further consultations and initiate reform to the policy and legislative framework on the identity ecosystem.
18. THAT, a reform of the legal and policy framework on the identity ecosystem is necessary for Kenya.
19. THAT, the envisaged policy and legislation, however cannot be and is not the Huduma Bill, 2021 as published on 3^rd December, 2021.

THEREFORE, your humble petitioners pray that the National Assembly, through the Departmental Committee on Administration and National Security:-

1. Withdraws from its order papers, the current Huduma Bill, 2021 as published on 3^rd December, 2021 and stop any further public engagement on it, to avoid wastage of public funds.
2. To as soon as is practicable, set up a task force of all the government agencies who are consumers of the identity ecosystem together with Civil Society organizations, to facilitate further consultations and initiate an inclusive legislation and policy that reforms the identity ecosystem.
3. To enact legislation that amongst others ensures data protection, access to services for all, good governance and accountability, guarantee access to citizenship documentation, inclusion and protection of the marginalized and minority communities.
4. To do anything within its powers and means in ensuring Kenya enacts a legislation and policy that reforms the identity ecosystem, that takes into consideration the issues raised in this Petition.

And your PETITIONERS will ever pray.

PRESENTED BY,

1. Kenya Human Rights Commission
2. Heralding Development Organization
3.  Undugu Society of Kenya (USK)
4. The Nubian Rights Forum
5. ARTICLE 19 Eastern Africa
6. Kenya ICT Action Network (KICTANet)
7. Protection International Africa
8. Namati Kenya
9. Lawyers Hub Foundation
10. Haki na Sheria Initiative
11. Haki Centre
12. Amnesty International Kenya
13. Kenya Editors Guild
14. Kituo Cha Sheria
15. Katiba Institute
16. Media Lawyers Association of Kenya
17. Access Now
18. Defenders Coalition

DATE: 19/02/2022

19 January 2020

Nairobi, Kenya

We, the undersigned civil society organizations, would like to express our deep concern at the recurrence of incidents of Hate Speech by a section of political leaders in political gatherings in the buildup to the 2022 general elections. We are alarmed at the continued and reckless utterances of a section of political class that may kindle political and social tensions, potentially sparking anarchy and social instability. 

In the run-up to previous general elections, Kenyans witnessed numerous incidents of Hate Speech that have fueled violence and unhealthy competition during elections. The existence of robust legal and policy provisions that criminalize Hate Speech and the establishment of the National Cohesion and Integration Commission (NCIC) has not deterred the political class from uttering statements that could incite the citizenry. 

With less than seven months to Kenya’s General Elections, the political class continues to utter reckless statements that result in violent incidences. In two days, The Office of the Director of Public Prosecution (ODPP) directed the Inspector General of Police (IGP) to launch a probe on Kitutu Chache South MP Richard Onyonka and Kericho Senator Aaron Cheruiyot over incitement claims. These actions come days after the arrest and arraignment of Meru Senator Mithika Linturi on charges of hate speech and incitement. The utterances made in political rallies can incite contempt, hatred, hostility, violence, and discrimination. 

Kenya’s 2007, 2013, and 2017 elections were marred by post-election violence, evidencing the dangerous impact of politically instigated utterances. It is incumbent that the relevant Government agencies crack the whip on politicians that would undoubtedly amount to Hate Speech. 

In this regard, we further condemn the continuous incitements and barrage of hate speech in social gatherings, social media, and political rallies by politicians in the strongest terms possible. We remind the political class inciting Kenyans of their solemn vow to uphold and defend the Constitution’s duty to protect the Nation’s interests and its citizens. Page 2 of 2 

We, therefore, call on the following from relevant actors to do the following: 

1. The Ministry of Interior and Coordination of National Government to maintain law, order, and security and preserve the authority of the state; 

2. The NCIC to take stern action against perpetrators of Hate Speech discrimination as well as advocate for cohesiveness while promoting unity and equity in line with its mandate; 

3. The Office of the Inspector General of Police (IGP) to promote integrity, efficiency, and accountability within the department of justice; 

4. The Office of the Director of Public Prosecution to move with speed to prosecute all incitement and hate speech cases from NCIC; 

5. The Churches, Mosques, and other religious institutions to work together to call out instances of hate speech within places of worship and further take the bold step of denying audience to persons who would use the opportunity to spread hate and division; 

6. The Media to take a stand against covering and reporting matters that would cause incitement; 

7. The IEBC to take note and not clear those found guilty of incitement from vying for political office; 

8. The NCIC to monitor the political rallies and utterances made and document and report these matters; 

9. The Judiciary to prioritise the cases once presented in court; and 

10. Kenyans to report all cases of hate speech to the relevant authorities. 

In conclusion, we wish to remind all Kenyans that we must maintain peace and condemn any person desiring to divide Kenyans as we march towards the upcoming elections. We call upon the political class to engage respectfully and soberly, appreciating that sensational statements may have dire consequences. We will not relent in protecting our interests as a nation and use elections as a mechanism to express democracy and call for a peaceful election. 

Thank you. 

Signed by the following Civil Society Organizations: 

1. The Kenyan Section of the International Commission of Jurists (ICJ Kenya) 

2. Kenya Human Rights Commission 

3. The National Coalition of Human Rights Defenders (Defenders Coalition) 

4. Social Justice Centers Working Group 

5. Constitution and Reform Education Consortium (CRECO) 

6. Protection International – Africa 

7. Women Human Rights Defenders Hub 

8. Article 19 

The National Coalition of Human Rights Defenders (Defenders Coalition) works primarily to champion the safety, security, and wellbeing of human rights defenders (HRDs). Among other pathways, the Defenders Coalition does this through strengthening the capacities of HRDs to work more effectively, besides advocating for favourable legal, policy and institutional environments to reduce their vulnerability to the risk of persecution and/or harm. The Defenders Coalition believes that every individual is entitled to the rights and personal liberties, security, and social justice; and that HRDs play a frontline role of advancing the realization of these rights and freedoms as guaranteed by the Constitution of Kenya 2010.

The Elections Coordinator will lead in preparation and support services for monitoring and observing elections. It includes arranging for all logistics and administrative requirements to deploy and repatriate election monitoring teams, transport and equipment.

Some of the major responsibilities include equipment procurement, financial and contractual aspects of the project implementation and coordination with the Elections monitors across the country. The ideal candidate must have good negotiation, planning and coordination skills, embrace working independently, but also collaboratively as part of a larger team.

Responsibilities

• Provide overall leadership and  administrative support services for the election project  including coordinating procurement and management of  election monitoring materials and tools, transport and  training staff & volunteers,
• Implement security policies and protocols to safeguard the team and all assets.
• Prudent use of all funds in line with the organisation’s financial policies;
• Liaise with relevant partners and the Head of Programs to implement training for monitors, and convenings for HRDs and other stakeholders
• Coordinate and supervise staff and volunteers to collate, verify the information and disseminate regular reports to critical audiences

Qualifications

• Must have a minimum Bachelor’s degree from a recognized university;
• Must have a minimum of six (6) years working experience, two (2) of which must be at management level;
• Must have excellent project management skills and experience;
• Should possess good negotiation, planning and coordination skills;
• Proven experience in results-based management, monitoring and evaluation or managing election process is an added advantage;
• Additional training, professional qualifications and experience of fieldwork will be an advantage;
• Must be computer literate and possess good analytical skills;
• Must be a person of undoubted integrity

Application Procedure

Interested candidates who meet the above qualifications should apply via recruit@gocreations.co.ke  to reach us no later than Friday 14th February 2022.

The National Coalition of Human Rights Defenders (Defenders Coalition) works primarily to champion the safety, security, and wellbeing of human rights defenders (HRDs). Among other pathways, the Defenders Coalition does this through strengthening the capacities of HRDs to work more effectively, besides advocating for favourable legal, policy and institutional environments to reduce their vulnerability to the risk of persecution and/or harm. The Defenders Coalition believes that every individual is entitled to the rights and personal liberties, security, and social justice; and that HRDs play a frontline role of advancing the realization of these rights and freedoms as guaranteed by the Constitution of Kenya 2010.

We are looking for a Protection Manager to oversee and support all aspects of general safety and security programming services and ensure that appropriate activities are developed in response to issues being raised by human rights defenders and communities.

He/ she will be responsible for creating linkages between the M&E and legal assistance team. The protection manager will engage in external representation and coordination with other relevant actors as well as participate in local‐level coordination forums.

Duties and Responsibilities

• Monitor, assess and assist with the intervention in cases where HRDs safety, security and wellbeing is at risk through working relations with governments and other partners.
• Develop strategy and operational plans to build activists capacities to respond to or mitigate against threats or risks.
• Provide policy guidance and operational support to the organisation and its partners on all protection related issues.
• Provide legal advice and guidance on protection issues to internal and external interlocutors; ensure legal assistance is accessible to human rights activists; liaise with competent authorities to ensure safety, security and wellbeing of activists.
• Maintain protection presence through regular field missions, reports and advocating for community-based protection

Education/Experience Requirements

• Degree in Law, International Law, Political Sciences or related field.
• Minimum 5 years of relevant experience, 3 years with an undergraduate degree.
• Proficiency in English and Swahili is required.
• Possesses relevant Field experience
• Strong interpersonal and communication skills in a multicultural setting
• Experience of working with persons of concern desirable
• The ability to work in difficult and harsh conditions is essential
• Demonstrable experience in project cycle management;
• Excellent communication and organizational skills: verbal, writing and presentation skills;
• Upholds high levels of integrity

Application Procedure

Interested candidates who meet the above qualifications should apply via recruit@gocreations.co.ke  to reach us no later than Friday 14th February 2022.

The National Coalition of Human Rights Defenders (Defenders Coalition) works primarily to champion the safety, security, and wellbeing of human rights defenders (HRDs). Among other pathways, the Defenders Coalition does this through strengthening the capacities of HRDs to work more effectively, besides advocating for favourable legal, policy and institutional environments to reduce their vulnerability to the risk of persecution and/or harm. The Defenders Coalition believes that every individual is entitled to the rights and personal liberties, security, and social justice; and that HRDs play a frontline role of advancing the realization of these rights and freedoms as guaranteed by the Constitution of Kenya 2010.

We are looking for an Advocacy Manager. This position will support the implementation of the organisation’s cross-disciplinary strategic priorities including an action plan to complement the overall plan.

The ideal candidate is one who understands the civil society space in Kenya, is an excellent networker and convener, is at ease in all levels of advocacy influencing. An extensive experience in policy, promotional and advocacy work and must have experience working in a membership organisation, bring strategic, creative and critical thinking, embraces working independently, but also collaboratively as part of a team with other departments as well as partners.

Responsibilities

• Lead the advocacy program strategy development and implementation
• Resource mobilisation to ensure funding streams for all activities
• Network with key players in government, parliament, media and civil society
• Advance the organisation’s objectives through connecting partner institutions, national conversations and activities in Kenya.
• Raise awareness and buy-in of the organisation’s research findings and policy positions to relevant audiences
• Collaborate with the advocacy leads across the globe to strengthen campaigns efforts.
• Keep abreast with organisational learning, M&E, and communication.

Education/Experience Requirements

• A bachelor’s degree in management, development studies, public policy, communications, knowledge management or related areas
• Minimum 5 years of relevant experience, 3 years with an undergraduate degree.
• Proficiency in English and Swahili is required.
• Commitment to support human rights defenders
• Good analytical skills
• Strong interpersonal and communication skills in a multicultural setting
• The ability to work in difficult and harsh conditions is essential
• Demonstrable experience in project cycle management;
• Excellent communication and organisational skills: verbal, writing and presentation skills;
• Upholds high levels of integrity

Application Procedure

Interested candidates who meet the above qualifications should apply via recruit@gocreations.co.ke  to reach us no later than Friday 14th February 2022.

Download statement

 Press Statement 

Mombasa, January 27, 2022 

PROTECTING INTEGRITY AND ACCOUNTABILITY IN KENYA’S ELECTIONS 

On Friday, January 21, 2022, the Independent Electoral and Boundaries Commission (IEBC) officially gazetted Tuesday, August 9, 2022 as the date of the third General Election under the Constitution of Kenya, 2010. In releasing the elections calendar the IEBC sought to assure Kenyans that the up-coming General Election would be free, fair and credible as required by the Constitution. 

In the run-up to the 2022 General Elections, we, The Angaza Movement (TAM), a national and grassroots collective of active citizens and Civil Society Organisations, are deeply concerned about the state of preparedness among critical institutions charged with the management of elections, their capture by various State and sectarian interests, and the entrenched culture of impunity. 

Every election in Kenya has been bungled since 2007. Kenya is still burdened by unresolved putative elections, which has deeply undermined public confidence in the integrity of the electoral process. The underwhelming performance of the IEBC in the ongoing registration of voters, compounded with a perennially problematic voters register does not inspire confidence that the election will be free, fair or credible. We are deeply concerned that IEBC has deliberately refused to learn from the dismal performance of the Enhanced Voter Registration last year. There is no evidence that it has engaged the National Registration Bureau to satisfy itself that the delayed release of identification documents is not suppressing voter registration. Voter registration is being carried out in the absence of civic education and awareness and bottlenecks in accessing identity documentation could deny citizens their political rights. 

The IEBC has papered over many of the legal and administrative changes the Supreme Court ordered in 2017 after nullifying the presidential election results on account of glaring illegalities and irregularities. The IEBC is hollowed out, and bereft of institutional memory because of unfilled vacancies in the commission and the secretariat. Many of the individuals who left the electoral management body in disgrace have been rewarded with appointments to sensitive positions that could affect the conduct of elections. 

The arrant refusal by the state to adequately and timeously fund the electoral management body, inordinate delays in effecting appointments and last-minute changes to the law undoubtedly destabilise the context in which elections will be held. 

The government has frustrated the electoral management body including denying the opportunity for any auxiliary elections funding from other development partners. 

The fragile security around the country, characterised by incidents of violence in Baringo, Laikipia and Lamu counties and headlined regularly by extra-judicial executions, forced disappearances and a general breakdown in police discipline signal that the window for delivering a credible, free and fair election is shutting. Past elections have been determined by the use of violence against women and other vulnerable groups, with no accountability for sexual and gender-based crimes. SGBV has become a defining feature of political violence employed to curtail women’s participation in the country’s governance. There can be no free or fair election in a violent environment ring-fenced by impunity. 

The IEBC, political parties, the legislature and the Executive continue to defy the Constitution and the courts to promote the inclusion of women, youth and persons living with disabilities. An election held in such a context cannot be said to be free, fair or credible. 

The IEBC and other state agencies have deliberately refused to uphold and enforce obligatory integrity standards. It has failed or refused to underwrite democracy in political parties, which are publicly funded, by requiring them to meet the constitutional requirements of transparency and accountability in their political processes. IEBC and other institutions have bowed to political interests that suppress the good of the people, their safety, security and democracy. 

The Angaza Movement believes that Kenya has the capacity to conduct free and fair elections. Chapter Six of the Constitution defines the standards for leadership and integrity. We are calling on every Kenyan citizen to do that which the IEBC and other state institutions have failed to do: Put integrity at the head of this election. 

1. KENYA HUMAN RIGHTS COMMISSION (KHRC)

2. INTERNATIONAL COMMISSION OF JURISTS (ICJ- KENYA)

3. ARTICLE-19

4. DEFENDERS COALITION

5. INFORMACTION

6. CSO-NETWORK

7. MIDRIFT HURINET

8. INUKA KENYA NI SISI LTD

9. JOURNALIST FOR JUSTICE (JFJ)

10. THE COMMUNITY ADVOCACY AND AWARENESS (CRAWN) TRUST

11. MUSLIMS FOR HUMAN RIGHTS

12. HAKI YETU

13. MAZINGIRA INSTITUTE

14. KATIBA INSTITUTE

Enough is Enough: Stop Killing Women Human Rights Defender

Nairobi, 5 January 2022

We, the Women Human Rights Defenders (WHRDs), civil society organizations and social movements condemn the killing of Elizabeth Ibrahim Ekaru-HSC, an astute women’s rights advocate, a peace champion as well as an environmental and land rights defender from Isiolo County.

Elizabeth was murdered on Monday 3 January 2022 allegedly by her neighbor over a land dispute. She was attending a burial when she was lured to her death trap by the suspect who called her aside only to commit the heinous act by stabbing her severally, something that comes off as premeditated. The suspected murderer was apprehended by a mob and is currently recuperating at a local hospital under police guard.

The barbaric murder of woman human rights defender Elizabeth brings to the fore the pervasive nature of incidences of violence against women and girls in Kenya. Her killing while defending land rights, is a true testimony of the risks, challenges and attacks that Women Human Rights Defenders continue facing in the line of their work.

We are startled by the escalating attacks on women and more so WHRDs in Kenya. Defenders Coalition has documented alarming cases of femicide in the past few years pointing to a cavalier attitude towards women in the society.

On 15 July 2021, a woman human rights defender and environmentalist from Kiambu County- Joannah Stutchbury was brutally murdered for standing up against environmental injustice in Kiambu Forest. The government, through the Office of the President and Director of Criminal Investigations, promised speedy investigations and

conclusion of the matter to ensure action is taken against the perpetrators(s). Worryingly, there has not been a single arrest related to the killing of Joannah and the persons responsible for her death are still walking free.

In August 2021 two women environmental activists from the Owino Ohuru area in the coastal region were also targeted for attack when pursuing justice for residents and victims of environmental pollution in Owino Ohuru Slums in Mombasa.

The above cases are classic examples of the price that women human rights defenders have to pay for protecting human rights and advancing the social, economic, cultural and political rights under the Constitution of Kenya 2010.

Elizabeth has been recognized severally including being the recipient of the Head of State Commendation Award for her courage and role at the frontline defending human rights. She is also part of the National Network of Women Human Rights Defenders, which is convened by the Defenders Coalition.

We, therefore, call on the following from relevant offices of the government:

1. The Office of the President to direct the office of the Director of Criminal Investigations to conduct thorough investigations and ensure the perpetrator and Elizabeth Ibrahim Ekaru’s killer is brought to justice;
2. The Office of the President, together with the Ministry of Environment and Forestry in Kenya to publicly condemn and declare the murder of women human rights defenders in Kenya to be alarming and consider the issue to be crisis level;
3. The Office of the Attorney General to fast track the process of reviewing and adoption of the Human Rights Defenders Policy, a tool that is designed give guidance of the work of not only Women human rights defenders but also all human rights defenders and their protection thereof by the state;
4. The Office of the President, through its support offices, to give an update on the progress of the case Joannah Stutchbury murder and all femicide cases in Kenya as a sign of commitment to his word, upholding social justice and signify seriousness of closing matters pertaining crimes against environmental and land rights defenders in Kenya;
5. The office of the Director of Criminal Investigations to thoroughly investigate Elizabeth Ibrahim Ekaru’s murder and not leave any stone unturned in their pursuit of justice for her. Further, to make public their status report within 7 days henceforth (by 11th January 2022)

About Elizabeth Ibrahim Ekaru

Elizabeth Ibrahim Ekaru was a dedicated WHRD and a women’s rights community leader who spent most of her life fighting for the rights of women, youth and children from pastoral communities. She was a renowned gender activist who spread the message of women empowerment through educating the girl child and was also involved in several initiatives of economically empowering women from her community through village savings and loan associations and other self-help groups. Elizabeth was also a climate change activist and she was heavily invested in economic empowerment of women through agribusiness whereby she would work closely with other women from pastoral communities to grow food crops to counter the harsh effects of climate change in the areas which are susceptible to drought and famine. She was also an advocate for the land rights of indigenous women and she met her untimely demise while defending her land ownership rights. Elizabeth was an icon of peace having started her journey as the Chairperson of the Turkana Dancer^[1]s group back in 1998, where together with other community members, they would spread the message of peace through artistry.

Elizabeth was a member of the Isiolo Peace and Resolution Committee, a caucus formed to spearhead peaceful co-existence and cohesion among the different communities in Isiolo County. She has also served as the chairperson of Maendeleo ya Wanawake, Isiolo Central Division at some point in her life. Elizabeth has in the past found herself in the middle of cattle rustling tussles whereby her home was targeted by cattle rustlers from the neighboring communities and she used this as a motivation to continue fighting for peaceful co-existence between the communities. She always felt that most of the conflicts at the time were a result of misunderstanding and bad leadership, and she, therefore, sought to try and establish good relations with the other communities by getting involved in peace talks and campaigns.

Coming from a deeply patriarchal society, she was faced with so many challenges and in some instances, she had to fight to be included in peace negotiations because traditionally, women were not part of the peace building processes which were only a reserve for elders and male counterparts. Elizabeth was very instrumental in bringing calm not just in Isiolo but also in the neighboring counties i.e. in Garissa whereby she represented the voices of women and championed the cause for equal compensation for both male and female victims of clashes. Further, she was a mentor to young girls and women in different counties and an FGM advocate.

Elizabeth bagged several awards in her journey as a women’s rights leader. These include the Head of State Recommendation Award during the Mwai Kibaki regime, at a time when she was serving as the chairperson of the Maendeleo ya Wanawake organization in Isiolo. This followed her efforts to resolve conflict during the ethnic clashes in the Rift Valley region around the year 2005, involving unrest in Kirema, Mai Mahiu, and Naivasha. Elizabeth continued to advocate for the rights of children and women, who she felt were the most affectednby armed conflict and were also marginalized in the peace-making processes due to the patriarchal nature of the communities.

Elizabeth joined the Isiolo Voice of Women Network as vice-chairperson, a role in which she continued to fight for the rights of young women and girls and also to promote the agency and economic empowerment of women. She was also part of caucuses such as the Burat Citizen Forum. Due to her commitment and advocacy, Elizabeth was nominated to represent Isiolo in the BOMAS national constitutional conference as part of the process that led to the creation of the 2010 Constitution of Kenya. Elizabeth, through her work and determination, was appointed peace ambassador representing a group of women from 12 counties who had a goal of enhancing peace and security in the different areas they came from. At the time of her death, Elizabeth was a board member of the Isiolo Gender Watch.

The excerpt about the work of Elizabeth Ibrahim Ekaru has been compiled by our CSO partner Katiba Institute as in its publication TheUntold Stories of Women’s Rights Leaders. All rights reserved with Katiba Institute

ENDS

 Signed by:

• Defenders Coalition
• Katiba Institute
• Centre for Rights Education and Awareness (CREAWKenya)
• Domestic Workers Rights Spaces (DOWRIS)
• Haki Nawiri Afrika
• Samburu Women Trust
• Isiolo Gender Watch
• Women Human Rights Defenders Hub
• Kenyan Peasants League Women Collective.
• Nyando Social Justice center
• Social Justice centers Working Group
• Kounkuey Design Initiative (KDI)
• Coalition For Grassroots Human Rights Defenders Kenya (CGHRDS Kenya).
• Caritas Isiolo
• Protection International Africa.
• Amnesty International Kenya

 Individuals

1)Salome Nduta- lWHRD

2) Emily kwamboka-IHRD

3)Florence Kanyua – WHRD

4) Naomi Vulenywa Barasa WHRD

5)Joyce Adhiambo (MVSN)-WHRD

6)Caren Wambui Kiarie-WHRD

7) Regina Opondo – WHRD

8)Isaiah Epuri

9) Susan Owiti-WHRD

10) Grace Lolim

11) Warima Muggi-WHRD

13) Pauline Kinyua

14) Michelle Mwanahamisi- WHRD

14)Andrew Mola Ilere-(Human rights Advocate,Mediator and Negotiator)

15) Dennis Hombe

^[1] https://katibainstitute-my.sharepoint.com/:b:/g/personal/mwanahamisi_katibainstitute_org/EcrY4cjjD-xAo0cqr7siCuUBHLjecXpHXfOEZGyaoXdIJA?e=NdAwWy

TORs FOR A CONSULTANCY FOR DEVELOPING AN OPERATIONAL PLAN

TERMS OF REFERENCE FOR A CONSULTANCY FOR FACILITATING THE DEVELOPING AN OPERATIONAL PLAN (2022) FOR THE IMPLEMENTATION OF THE DEFENDERS COALITION STRATEGIC PLAN 2020-2025

Contract Duration: 10th -17th January 2022

Contract Period: 7 working days

Who we are

Defenders Coalition (The National Coalition of Human Rights Defenders–Kenya) is a national organization incorporated in the Republic of Kenya as a Trust. Its mission is to strengthen the capacity of human rights defenders (HRDs) to work effectively in the country and to reduce their vulnerability to the risk of persecution, through protection, capacity building, and advocacy for a favorable legal and policy environment. Established in 2007, NCHRD-K is the only national organization that works primarily for the protection of HRDs.

The Defenders Coalition’s strategic plan 2020 – 2025 outlines the vision, mission and strategies of realizing the same. The strategic plan is futuristic and encompasses alignment to global human rights instruments as it seeks to effectively reposition the Defenders Coalition in the rapidly changing environment especially in technology. The identity of the plan is to present HRDs with holistic approaches geared towards a safe and secure environment for all HRDs through an established rapid response mechanism, capacity building and knowledge management structures.

Purpose and elements of the Operational Plan

The Operational Plan is the specific plan which prescribes how Defenders Coalition will use its resource towards the implementation of the 2020-2025 Strategic Plan. It guides the day to day activities of the secretariat and its work plan for the coming year in order to achieve the goals and result areas set in the Strategic Plan. The Operational Plan identifies the activities and events that will be conducted by the Secretariat as aspired in the Strategic Plan.

In a nut shell, the Operational Plan identifies the following key elements with a view of guiding the implementation of the identified activities:

• Set measurable objectives that are clearly linked with the Defenders Coalition’s Strategic Plan (2020-2025)
• Create measurable goals that support the objectives
• Set up clear accountability and timeframe
• Set budget and other resources required
• Specify who is responsible for each objective and goal, and the deadline
• Mechanisms to regularly track progress

Identify key fundraising opportunities

Expected output

The expected outputs of the consultancy are;

1. A comprehensive Operational Plan for the year 2022 which provides for the above key elements,
2. A comprehensive budget for the year 2022,
3. A MERL (Monitoring, Evaluation, Research and Learning plan.

Scope and methodology of the Work

In preparing the Operational Plan, the Consultant is expected to undertake a close consultation of the Strategic Plan to identify activities and events for the year 2022. The Consultant is required to submit a proposal which indicates the methodology on how the Plan will be developed and highlights the content of the Operational Plan. The proposal will be assessed in the manner Defenders Coalition deems suitable. After a consultation is held and the proposal is approved, the Consultant will then guide the secretariat on developing the Operational Plan. The Consultant then will submit the final Operational Plan document.

Reporting lines

The Consultant will work under the direct supervision and guidance of the Executive Director and the Head of Programs/Operations. However, during the course of work the consultant will be expected to liaise and consult directly with Defenders Coalition’s financial budgets. Time Frame The total amount of time given for the preparation of the Operational Plan is a 4 day period.

Application

The following should be included in the application:

1. A Curriculum Vitae
2. A two page proposal on how they are going to carry out the consultancy
3. Company/individual profile including a minimum of three recent referees
4. Evidence of programmatic and technical expertise

Application should be submitted to info@defenderscoalition.org and gloria@defenderscoalition.org no later than Wednesday, 5th January 2022 with the subject line CONSULTANCY FOR DEVELOPING THE OPERATIONAL PLAN 2022

Only shortlisted candidates will be contacted, and the final decision reached no later than 7th January 2022.

Disclaimer: Defenders Coalition is an equal opportunity employer, committed to ensuring diversity, inclusivity and gender equality within our organization and work. Defenders Coalition, thus will recruit/award the consultancy to the most qualified person /company irrespective of race,color, marital status, sexual orientation, religion, gender, ethnicity. Only successful candidates will be contacted.

TORs FOR A CONSULTANCY FOR DEVELOPING AN OPERATIONAL PLAN

DOWNLOAD THE TERMS OF REFERENCE HERE

REQUEST FOR PROPOSALS – EXTERNAL AUDIT SERVICES

Introduction:

The National Coalition of Human Rights Defenders-Kenya (NCHRD-K), currently Defenders Coalition requests proposals for provision of external audit services for the year ending 31^st December 2021.

The Defenders Coalition is the national coalition of Human rights defenders in Kenya that works to strengthen the capacity of Human Rights Defenders (HRDs) to work effectively and to reduce their vulnerability to the risk of persecution by advocating for a favourable legal and policy environment in Kenya.

Our mission is to Champion the safety, Security and wellbeing of human Rights defenders focusing on four main areas as follows:

1. Supportive policy, legal and institutional Framework of HRDs.
2. HRDs protection ( Safety and security)
3. Social Economic Wellbeing of HRDs
4. Institutional Development

The external audit of Defenders Coalition for the year ended 31 December, 2021 is an internal governance requirement necessary to ensure that the management, with delegated authority of the trustees, have discharged their legal responsibilities in respect of preparing the annual report and financial statements, and subjecting them to the correct level of external scrutiny. For Defenders Coalition, funding is obtained on the strength of audits and the donors are therefore a major interested party.

Main Objectives of the audit:

The objective is to carry out an independent audit of the books of accounts in accordance to International Financial Reporting Standards (IFRS), and to express an independent opinion in accordance to International Standards of Auditing (ISA700). In addition, the auditor is expected to review whether financial reports are in agreement with instructions as stipulated in agreements between Defenders Coalition and its donors.

Auditor’s duties & responsibilities:

1. Review income received and expenditures incurred for the period.
2. Verify accuracy and completeness of income and expenditures, ensuring all requisite supporting documentations exist.
3. Review the adequacy and effectiveness of our internal controls and risk management system, and advise management and the Trustees on proposals for improvements.
4. Review compliance with financial procedures through sample verification and testing process.
5. Review compliance with statutory requirements.

Auditor’s profile:

1. Qualified CPA-K and holders of active Practicing Certificates issued and registered by the Institute of Certified Public Accountants of Kenya (ICPAK).
2. Quality Assurance Review of the firm must have been conducted by ICPAK.
3. A minimum of five years practicing experience.
4. Relevant experience and capacity in carrying out audits of similar organizations.
5. Shall not be a relative to a Trustee, staff or Advisory Council member of Defenders Coalition.

Application procedure:

Interested firms that meet the above minimum requirements are encouraged to send their applications alongside copies of the following documents to the address below and by 8 January 2022: –

1. Registration Certificate issued to the firm by ICPAK.
2. Membership Certificates of the audit partners issued by a recognized professional accountancy body (ICPAK, ACCA etc.).
3. A list and contacts of at least five organizations where similar audits have been carried out.

The Chair

Board of Trustees

Defenders Coalition

P.O. Box 26309-00100

Nairobi

Email: info@defenderscoalition.org

Website: www.defenderscoaliton.org

Any form of canvassing shall lead to automatic disqualification.

Defenders Coalition is an equal opportunity employer, committed to ensuring diversity, inclusivity and gender equality within our organization and work. Defenders Coalition, thus will recruit/award the consultancy to the most qualified person /company irrespective of race, color, marital status, sexual orientation, religion, gender, ethnicity. Only successful candidates will be contacted.

DOWNLOAD THE TERMS OF REFERENCE HERE