15th June,2020

Mr. Michael Sialai, EBS.

The Clerk of the National Assembly 

Clerk’s Chambers

Parliament Building

P.O. Box 41842-00100

NAIROBI.

clerk@parliament.go.ke

MEMORANDA ON THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 1 OF 2020)

The Youth Cafe writes to oppose the passage of the above reference bill. 

The proposed amendments to the Kenya National Commission on Human Rights (KNCHR) Act No. 14 of 2011 seeks to repeal of the National Gender and Equality Commission (NGEC) Act, No. 15 of 2011 and transfer the functions and mandate of the NGEC to the proposed new entity. 

The functions of NGEC cannot for whatever reason be performed by a department created at KNCHR or within any other body. Absence of a body to represent the interests of special interest groups among elites and powerful agencies of change is counter development. It has a potential damage of not only eroding all gains Kenya has made in the past 10 years in promoting rights of women and men, PWDs, children and youth, the older persons and the small indigenous communities but also expose these groups of people to exploitation, blatant abuse of their rights without recourse, and increase their vulnerability. The NGEC is a commission of the voiceless and the only space set aside for the poor vulnerable groups which by all means and standards Parliament should never seek to erase such a space. The functions performed by NGEC require a fully-fledged independent institution that Kenyans can hold to account and must be separated from the executive. 

Global proponents of gender equality have advised of the need to have a standalone agency responsible for monitoring government investment, planning and resourcing of gender equality agenda. NGEC plays this role. The same proponents have also proposed for governments to establish ministries responsible for the coordination and implementation of the gender agenda. Kenya has achieved these two recommendations ranked top in the world for this decision and therefore we must at all costs ensure we keep NGEC as a standalone entity and lead the world into recognition that gender and inclusion are human rights. 

We therefore write to appeal to our honorable parliament to ensure NGEC is not merged with KNCHR and that the Kenya National Commission on Human Rights (Amendment) Bill (National Assembly Bill No.1 Of 2020) is withdrawn at earliest opportunity. Your intervention will go a long way in history for having protected the rights of youth, PWDs, women, children, older persons, minority and indigenous small communities of Kenya

These same arguments were advanced in 2011 during the debate of whether to split KHREC or retain it as one body. The basic assumption here is the strong feeling that service delivery is characterized by considerable economies of scale and scope and that a merger will save the country financial resources. This is rudimentary assumption that was vehemently opposed then by the Prime Minister Raila Odinga and the Minister for Justice and Constitutional Affairs, the late Mr Mutula Kilonzo. The two held the view that did not support the merger of the three commissions saying women gains must be safeguarded by maintaining the gender commission (National Commission and Development Gender) see https://www.standardmedia.co.ke/article/2000035793/human-rights-commissions-oppose-merger). This position holds today as well.

There are many unfinished businesses within the Constitution of Kenya 2010 relating to gender equality and inclusion such as ensuring representation of women, PWD and youth in Parliament, exercise of the affirmative actions and programs for the special interest groups, and implementation of the equalization fund among others and which the Building Bridges Initiative Taskforce report has concluded must be addressed through robust reforms. Surely such fulfillment shall not be accomplished through a department of gender issues created by this bill. It is mandatory that we strengthen the existing institutional framework for gender equality and inclusion, CAJ and KNCHR, provide them with enough budgetary and policy support and hold office holders of this institutions to account to Parliament and people of Kenya.

We therefore oppose the bill and persuade the Parliamentarians to reconsider the bill and spare the two commissions to continue with their functions as separate entities.