Recent Gendered Access Women and Land Addressing Unlocking the Economic to Ownership Rights the Challenges Potential for Developments Water and Energy in Kenya: Status, Faced by Women and and its Challenges and Women-owned Youth through Implications Opportunities for Enterprises in Agricultural on Household Reform Kenya: Finance Page 04 Well-Being Page 12 Evidence from Page 23 the 2016 MSME Page 09 Survey Page 19 4 April-June 2019 A GENDERED APPROACH TO UN- LOCKING THE POTENTIAL FOR SUSTAINABLE DEVELOPMENT Editorial Team: • Paul Odhiambo • Hellen Chemnyongoi • James Gachanja • Anne Gitonga-Karuoro Contents • Beverly M. Musili • Boaz Munga 04 Contributors: • Hellen Chemnyongoi Recent Economic • Benson Kiriga Developments • Daniel Omanyo • James Ochieng’ • James Gachanja • Charity Kageni • Beverly M. Musili Gendered Access to • Rogers Musamali Water and Energy and • Anne Gitonga-Karuoro • Nancy Laibuni its Implications on • Evelyne Kihiu Household Well-Being • Dennis Kyalo • Evelyne Njuguna 09 Layout: • Henry Odicoh 12 Published by: Kenya Institute for Public Policy Research and Analysis (KIPPRA) Women and Land Ownership Rights Bishops Garden Towers, in Kenya: Status, Challenges and Bishops Road. P.O. Box 56445-00200, Opportunities for Reform Nairobi, Kenya Tel: +254 20 4936000 +254 20 4936000 / 2719933/4 Fax: +254 202719951 Cell: +254 736 712724 Addressing the +254 724 256078 Email: monitor@kippra.or.ke Challenges Faced Website: www.kippra.org by Women-owned Twitter: @kipprakenya Enterprises in Kenya: Evidence from the 2016 VISION MSME Survey An international centre of 19 excellence in public policy research and analysis MISSION 23 To provide quality public policy advice to the Government of Kenya by conducting objective research Unlocking the Potential and analysis and through capacity building in order to contribute for Women and Youth to the achievement of national through Agricultural development goals Finance .....and many more stories 02 Welcome to the April-June 2019 KIPPRA With adequate expenditure allocation, the sectors Policy Monitor edition. The issue covers have potential of contributing to the realization of various activities undertaken at the the objectives of the “Big Four” agenda. Institute, including policy research and analysis, capacity building, quality control and dissemination The edition also has four other articles that delve activities in the fourth quarter of 2018/19. One of on gender and development. Access to water the key events in the quarter was the 2nd KIPPRA and energy affects men and women differently Annual Regional Conference that was successfully due to gender roles. In most societies, women held between 11th and 13th June 2019 in Mombasa. and girls spend more time than men in collection The theme of the well-attended conference was of water and energy sources, hence impacting “A gendered approach to unlocking the potential on their productive and community roles. This for sustainable development.” Other key events has implications on well-being on households. covered in this edition include the 6th Africa Think Therefore, the integration of gender into energy Tank Summit held in Nairobi between 24th and 26th and water policies is key in ensuring that both April 2019; graduation of the Young Professionals women and men are not disadvantaged in of 2017/18 on 11th June 2019; launch of the accessing water and energy. The issue also brings Kenya Economic Report (KER) 2018 on 13th June to fore women and land ownership rights in Kenya, 2019; and various validation and dissemination challenges faced by women-owned enterprises workshops and ongoing research projects. and unlocking the potential for women and youth through agricultural finance. The country continues to experience steady economic growth due to stable macroeconomic Finally, the edition provides highlights on legislative environment, favourable weather conditions, low developments at the National Assembly and the crude oil prices and reliable external environment. Senate, and a variety of policy news at domestic, The key sectors that have contributed to the current regional and global spheres. The issue also economic growth include agriculture, transport and looks at the country’s bilateral and multilateral storage, manufacturing, wholesale and retail trade, engagements. The National Executive continues real estate, finance and insurance, construction, to engage in vibrant regional and international education, and public administration and defense. diplomacy that is increasingly positioning Kenya as In 2018, the sectors contributed 83.5% to GDP. an emerging regional power in the continent. 03 RECENT ECONOMIC Hellen Chemnyongoi By Benson Kiriga DEVELOPMENTS Daniel OmanyoJames Ochieng Sectorial Growth and over the medium term, an storage (8.0%), manufacturing average growth rate of 7% is (7.7%), wholesale and retail Analysis expected, as the programmed trade (7.4%), real estate The Kenyan economy continues activities under the “Big Four” (7.0%), financial and insurance to be resilient despite the agenda gain traction. (6.0%), construction (5.4%), recent delayed long rains. The education (4.3%), and public country experienced a rebound Sectoral analysis indicates that administration and defense in economic growth with 2018, imports of goods and services (3.5%). These nine (9) sectors registering a growth rate of decelerated while exports of were the only ones with share 6.3% up from 4.9% experienced goods and services improved to GDP of above 2.0% while the in 2017 and 5.9% in 2016. The significantly in 2018. Due to the other eleven (11) sectors had growth is associated with stable good performance of the long below 2.0% each. Considering macroeconomic indicators, good rains in 2018, the agricultural their respective sectoral growth weather conditions, stable and sector grew significantly by rates, transport and storage low crude oil prices and a reliable 6.4% and boosted its share grew by 8.8% followed by stable external environment. In to GDP to reach a high level construction at 6.6%, agriculture 2019, the growth is envisioned of 34.2%. The sectors that at 6.4% and wholesale and retail to remain strong as in 2018 followed with higher weights trade at 6.3% . to GDP were transport and Figure 1: Sector share and growth Data Source: Kenya National Bureau of Statistics 04 Since the sectors that from 4.7% in January 2019 to Growth of credit to the private contribute heavily to GDP also 6.6% in April 2019. However, sector continued to improve. registered impressive growth the onset of the rains in April However, more preference is rates, it implies that a boost to led to a decline in inflation rate still given to government. Credit their respective expenditure to 5.5% in May and 5.7% in June to the private sector grew by allocation can considerably 2019. Specifically, the improved 4.3% in March 2019 compared trigger higher economic growth weather conditions saw the to 2.1% in March 2018. Growth for Kenya. These sectors ‘year on year’ food inflation of credit to government combined contributed 83.5% to decrease from 8.17% in April increased from 7.1% in March GDP in 2018 and played a central 2019 to 6.33% in May 2019. This 2018 to 54.3% in 2019 (Figure role in delivering the three of the was reflected in a fall in prices 2). This implies that commercial “Big Four” agenda. Therefore, of vegetables. For instance, the banks continue to give more these are the sectors to target in prices of spinach, sukuma wiki preference to the government the medium term to deliver the and tomatoes fell by 10.7%, 9.4% compared to the small-scale Vision 2030 objectives and the and 6.8%, respectively. However, borrowers. To enhance access “Big Four” agenda. during the same period, prices to credit by the private sector of maize flour, beans and sugar and the MSMEs, the Cabinet The overall inflation for the last 12 increased by 5.7%, 4.0% and Secretary, The National Treasury months (May 2018 to May 2019) 6.2%, respectively. In addition, and Planning, in the 2019/20 averaged 4.95%, remaining the increase in the prices of Budget, proposed to repeal within the government target petrol and diesel by 4.9% and Section 33B of the Banking range of 5±2.5%. The drought 2.1%, respectively, led to a (Amendment) Act 2016 on experienced in the beginning rise in transport index by 0.3% interest rate capping in the 2019 of 2019 led to a rise in inflation between April and May 2019. Finance Bill. Figure 2: Private sector and government credit growth (%) Data Source: Kenya National Bureau of Statistics 05 This is expected to unlock US$ 8,467.7 million (5.4 months a shortfall of Ksh 227.3 billion. credit to the private sector. of import cover) in March In terms of broad expenditure The external sector has 2019. The decline in stock of heads, recurrent spending similarly registered remarkable official reserves is attributed to amounted to Ksh 1,329.1 billion improvements. For instance, servicing of external debt. The which was below the projected in March 2019, the country Kenya Shilling has remained target by Ksh 113 billion mainly attained a surplus of US$ 721 relatively stable against the US due to lower than targeted million in the overall balance of dollar. The exchange rate stood domestic interest payments and payment position compared to at Ksh 101.2 in March 2018 pension payments. Processing a deficit of US$ 1041.1 million against Ksh 100.36 in March of pension payments was slower registered in March 2018. This 2019. However, as at June than expected. Development is attributed to an improved 2019, the Shilling had slightly expenditures recorded slowed performance in current and depreciated to 102.3. absorption, performing Ksh capital accounts. The current On the fiscal front 75.5 billion below the target account deficit narrowed from of Ksh 554.2 billion. This US$ 4,760 million (5.5 % of GDP) The preliminary estimates was mainly driven by lower in March 2018 to US$ 3,916.9 of cumulative national than expected absorption for million (4 % of GDP) in March revenue collection, including domestically financed projects 2019. Further, the current appropriation in aid, in the outside ministerial A-in-A. Total account deficit narrowed by financial year 2018/19 to May county transfers amounted 3.4% between January 2019 and 2019 totaled Ksh 1,493.7 billion to Ksh 263.4 billion against March 2019. The improvement (15.7% of GDP), which was a target of Ksh 302 billion. in the current account is rather lower than the revised Transfer to county governments attributed to strong diaspora target of Ksh 1,608.4 billion (Equitable share only) was Ksh remittances and tourism (16.9% of GDP). This was mainly 243 billion compared to a target receipts, reduced growth in due to shortfalls in ordinary of Ksh 254.1 billion recording a food, Standard Gauge Railway- revenue and Appropriation- shortfall of Ksh 11.1 billion. related equipment imports, and in-Aid collection by Ksh 80.8 increased tea and horticultural billion and Ksh 33.9 billion, From the foregoing performance exports. The capital account respectively. of government fiscal operations inflows recorded a 31.2% during the first 11 months of increase between March 2018 The total cumulative 2018/19, overall deficit was and March 2019 owing to an expenditure and net lending Ksh 557.1 billion (equivalent increase in project grants. inclusive of transfer to county of 5.9% of GDP) against the The official reserves held by governments for the same projected deficit of Ksh 64.8 the Central Bank fell from US$ period amounted to Ksh billion (equivalent of 6.8% of 9,362 million (6.3 months of 2,071.2 billion against a revised GDP). This deficit was financed import cover) in March 2018 to target of Ksh 2,298.5, recording through net foreign borrowing Figure 3: Fiscal balance 2018/19 Data Source: Kenya National Bureau of Statistics 06 of Ksh 400.5 billion while the rest between women and men. gaps, which is above the global comprised domestic financing. Similarly, the UN Millennium average. This was a remarkable The budget of 2019/20 lays a Declaration 2000 resolved to improvement compared to 2006 strong foundation for achieving promote gender equality and index which was 0.648 (Table 1). the “Big Four” agenda while at empowerment of women as However, in comparison with the the same time addressing the an effective way to stimulate best countries such as Iceland, challenges of unemployment, sustainable development and Norway, Sweden, Rwanda resource mobilization, fiscal combat poverty, hunger and and Namibia whose average deficit and inefficiency in disease. This is captured in the is above 80%, Kenya still has a spending. All these aim at third Millennium Development long way to go. The areas that placing the country on a path of Goal (MDG). Further, the Paris need improvements are wage sustainable economic growth, Declaration on Aid Effectiveness inequality, health outcomes and job creation and reduced poverty. in 2005 called for harmonization representation in Parliament. Building on the foregoing, the of gender equality. Despite these expenditures and net lending formal commitments to gender In 2018, women earned US$ are projected to be Ksh 2.8 equality, gender gaps persist 2,582, which is an improvement trillion (25.7% of GDP) whereas in employment and business from US$ 1,001 dollars in 2006. the revenues are expected to opportunities, wages, access The same trend is observed for be Ksh 2.1 trillion (19.7% of to education and quality health men whose income improved GDP). These expenditures are care, and political participation. from US$ 1,078 in 2006 to US$ geared towards fulfilling the The Gender gap is measured by 3,998 in 2018 (Table 1). In spite “Big Four” agenda, investing in the Global Gender Gap index of improvement in nominal pay, critical infrastructure, improving (World Economic Forum, 2018). women still earn less compared security and digitalizing the The index was introduced by the to men, implying an expanded economy, among others. World Economic Forum in 2006 gender wage gap. The difference Further, fiscal deficit amounts as a framework for capturing can be explained by human to Ksh 607.8 (5.6% of GDP), a the magnitude of gender-based capital and labour market decline from 5.9% in 2018/19 disparities and tracking their factors. Despite the widening and 7.4% in 2017/18 financial progress over time. It examines wage inequality, Kenya has years. The deficit is expected to the gap between men and greatly narrowed the labour be financed through net external women across four fundamental force participation gap from 0.78 financing of Ksh 324.3 billion and categories, namely: economic in 2006 to 0.914 in 2018. This has net domestic financing of Ksh participation and opportunity, been supported by the closing in 283.5 billion. The government’s educational attainment, health of the gender gap in education objective is to remain on this and survival, and political enrolment (primary, secondary planned path of reducing the empowerment. and tertiary). Gender equality fiscal deficit in the medium term is a necessary precondition for to create more fiscal space and According to the World Economic sustainable development given to reduce the public debt. Forum (2018), the Global Gender that it facilitates the utilization Gap score stood at 68% in 2018. of all available resources to On gender equality, wage This implies that, on average, enhance development. Gender gap and development there is still a 32% gap to close. inequalities restrict a country’s The Heads of State at the World In the same year, Kenya was economic growth in various Summit for Social Development ranked at position 76 out of 149 ways. It imposes an indirect held in 1995 committed countries, with a score of 0.7 cost by hindering productivity, to, among other things, out of a possible 1.0. It means efficiency and economic achieving equality and equity that in 2018, Kenya managed progress. to close up to 70% of gender 07 Furthermore, discrimination development policies. health outcomes and increasing between men and women women representation in in the labour force and Way forward Parliament to raise the country’s access to resources hamper Enhancing gender equality gender gap score. Improving the accumulation of human is critical for Kenya’s women’s profile in all sectors capital, reducing an economy’s development. For the country and reducing gender disparities capacity to thrive. In relation to realize sustainable growth will not only benefit women but to governance, gender and development, there is also men and children. inequality weakens the quality need to ensure gender equality. of governance in a country This can be achieved through and lowers the effectiveness of closing the wage gap, improving 08 Gendered Access to Water and Energy and its Implications on Household Well-being Access to and use of water and energy within 56.8% compared to men 11.8%. The time spent by households affects men, women, boys and women accessing water has been shown to affect girls differently due to the gender defined their well-being regarding foregone opportunity to roles among them. Consequently, the effect on well- engage in income generating activities, fatigue out of being of the individual household members is also the drudgery of carrying water over long distances, different. In most communities, women are assigned and in some cases exposure to attacks while fetching domestic roles which confine them to daily family water. home care tasks such as fetching water and collecting fire wood, cooking, cleaning and child caring. Men The same applies to access to energy where women are assigned productive roles in paid work outside and children in some parts of Kenya spend increasing the home and community politics roles. A report amounts of time fetching firewood and other by United Nations Development Programme (2016) biomass fuels, leaving little time for other productive estimates that women in Sub-Saharan Africa (SSA) activities. Women spend approximately six times spend 40 billion hours each year collecting water, more time accessing energy than men. The data also an amount equivalent to a year’s worth of labour by reveals that 84% of households in rural areas use the entire workforce in France. More so, women and wood as the main source of cooking fuel, and 71% of girls are often primarily responsible for collecting households use the traditional stone fire as the main fuel and water for their families, with a significant cooking appliance. This affects the health of women toll on the health and well-being of women, girls and and children by exposing them to Acute Respiratory boys under the age of 5. Further, women spend an Infections (ARIs). inordinate amount of time gathering biomass for basic energy needs, resulting in severe opportunity Access to energy is critical for vital primary health care costs that prevent them from participating in other services, especially during maternal and childbirth beneficial and productive ventures. emergencies. Beyond the health consequences, lack In Kenya, national data shows that 27.7% of adult of access to energy for cooking, lighting and heating females are responsible for collecting water affects the economic well-being of women and their compared to 16.4% adult males in urban areas. In productivity and income generation capabilities. rural areas, women are responsible for collecting at Building on the foregoing discussion, lack of access 09 has greater relative positive impact on the well-being of women than men. For instance, literature shows that access to electricity raises the annual incomes from paid employment for both men and women, with greater increases in earnings for women than men once employed. Women benefit most from the productivity gains of electrification, which is influenced by gender roles. Beyond plain access, the quality of electrification provided is also to water and energy exposes women to water and an important factor in translating the energy poverty disproportionately. Energy poverty gender impacts. In addition, improved access to is defined as the absence of sufficient choice in infrastructure has been shown to have a significant accessing adequate, affordable, reliable energy and positive impact on human capital development services. Water poverty is defined as a situation of females regarding increased literacy, improved where a nation or region cannot always afford the health outcomes and reduced health costs. There cost of providing access to sustainable clean water is also an observed positive relationship between to all people. The nexus between poverty, water improvements in water supply and time and money and energy assumes a gender dimension given that savings among households. there are more women than men living in poverty. Data from the Kenya Integrated and Household and Over time, the energy sector in many developing Budget Survey (KIHBS) 2015/16 shows that women countries has assumed a gender-neutral approach. are not only poorer than men, but also have low However, energy policy decisions have implications access to basic needs and economic opportunities. for equality between women and men. A report In addition to this, energy and water poverty by the International Union of Conservation Nature translate to more adverse outcomes on household (IUCN) 2017 which assessed 192 national energy well-being when tied to food and nutrition security, frameworks from 137 countries indicates that income and amenities including health. nearly one-third of the frameworks include gender considerations to some extent. The policies, Understanding how households allocate time plans and strategies identified to have aspects of between work and non-work activities is useful gender inclusion stood at 93% and most were from in drawing the link between poverty, gender and developing countries especially from Sub-Saharan access to water and energy. This is illustrated by the Africa which represented about 56% of the total concept of time poverty. This concept describes a frameworks evaluated. The statistics show that situation where a household member lacks time for there still exists gaps in incorporating gender aspects leisure or other non-domestic activities. Time is an in policy making and implementation process. economic resource which individuals may allocate to each activity differently leading to different levels of Article 27 of the Constitution of Kenya stipulates that utility. The use of time and efficiency in its allocation women and men have the right to equal treatment has a direct influence on household earnings. Lack and opportunities; this impacts policies and of adequate access to these vital services increases activities of the various energy and water services the time spent on domestic activities, translating implementing agencies. Sessional Paper No. 4 of to time poverty among women given their gender 2004 on energy policy acknowledges that there is roles. evident gender imbalance in the management of the energy sector, which is dominated by men. The There is evidence to the effect that improving policy notes that production and use of biomass access to infrastructure such as water and energy fuels and access to energy is a gender role borne 10 by women. It provides for mainstreaming gender most affected where water and sanitation services issues in policy formulation and in energy planning, are inadequate. In response, the strategy provides for production and use. It states that the Government empowering women to play a more prominent role shall take deliberate steps to integrate female and participate in decision-making processes at all gender in policy formulation and management of levels and integrate women to a higher extent in the the energy sector. The policy further makes provision decision-making process than in the past. for public education and awareness creation on the cultural structures and practices hindering access by Integrating gender equality principles in national women to biomass fuel resources, and education on energy and water policies and frameworks will go appropriate use of biomass fuels and promotion of a long way in supporting equitable benefits for the the use of fuel-efficient biomass cooking stoves. energy and water services. Further, incorporating gender perspectives into energy and water projects, The National Energy and Petroleum Policy 2015 strategies and planning is critical to ensure the recognizes gender considerations as a major challenge effectiveness and sustainability of energy and water in energy planning and implementation. The recently programmes and policies. enacted Energy Act 2019 incorporates the aspect of gender inclusivity in selecting, nominating, approving The use of gender audits is also a critical tool or appointing members of the energy tribunal where for ensuring an ongoing integration of gender no more than two-thirds of the members shall be perspectives into energy and water policy and of the same gender. Evidently, gender inclusivity programmes. Gender audits are useful in identifying is crucial in enhancing equitable energy planning, gender gaps and monitoring progress in attainment financing, execution and implementation. More of gender equality. importantly, consideration of gendered interests, A commitment to gender mainstreaming as a at different levels of access to resources and the guiding principle within energy and water services different gender needs can enhance the effectiveness implementing frameworks will aid in recognition and sustainability of energy programmes and policies, and prioritization of gender considerations and and other energy use-related development activities. subsequent integration of gender-responsive Similarly, the Constitution of Kenya under Article objectives, strategies and actions. In turn, this can 43 acknowledges access to clean and safe water as result in a more robust impact on gender equality a basic human right and assigns the responsibility throughout the sectors. for water supply and sanitation service provision to all. Sessional Paper No. 1 of 1999 on National In addressing the challenges of gender equity in access Water Policy on Water Resources Management and to energy and water, there is need to commit towards Development identifies the role played by women in mobilization of funds for energy and water sector water provision, management and use. It provides for programmes and activities, research that provides gender-balanced training on water in communities gender-disaggregated energy and water access data. to allow for the gender factors to be reflected in Further, a beneficiary-needs assessment would aid in the ownership and management of the various identifying the unique programme interventions for water schemes operated by the communities. It women, men, boys and girls. also provides for institutional reforms, change in behaviour, attitudes and procedures to ensure participation of women in water sector institutions. The National Water Services Strategy 2007-2015 is cognizant of the fact that “the burden of fetching water in most rural areas is borne by women and children for whom there is no time to attend school regularly because of the obligation to secure water for the household.” It also identifies that women and children are among the poorest in society and are the 11 The Kenya Constitution 2010 promised a new era was operationalized through enactment of various of equality for women, free from discrimination laws including the Matrimonial Property Act 2013, the in various spheres including employment, Marriage Act 2014, the Land Act 2012 and the Land political representation, marriage and property Registration Act 2012. Regionally, Kenya has ratified ownership. This is presented in various ways: as the Protocol to the African Charter on Human and part of the country’s national values and principles Peoples’ Rights on the Rights of Women in Africa (the of governance; as constitutional fundamental rights Maputo Protocol). and freedoms and constitutional requirements. Despite the foregoing initiatives, the realization Article 10(2) (b) of the Constitution envisions Kenya’s of property rights and equality in land ownership national values and principles of governance as by women is yet to be fully achieved. Despite promoting and ensuring human dignity, equity, social approximately 32%of households in Kenya being justice, inclusiveness, equality, human rights, non- headed by women, only 1% of women own property discrimination and protection of the marginalized. in their own names and 5% own land jointly with men (FIDA, 2017). The Kenya Lands Alliance (2018) Further, Article 27 entrenches the fundamental right reported that between 2013 and 2017, 10.3% of land to equality and freedom from discrimination by titles were issued to women while 85.6% were issued providing that women and men have the right to equal to men. In practice, for women, insecurity of land treatment, including the right to equal opportunities tenure persists. This manifests in terms of exclusion in political, economic, cultural and social spheres. from ownership, access and control over housing Further, the Constitution prohibits the State from and land. For instance, women are susceptible to discriminating directly or indirectly on any ground forced eviction upon divorce or the death of a spouse including, inter alia, sex and health status. Article especially those who live with their in-laws in rural 45 (3) of the Constitution provides that parties to a areas. The denial of women to access their land rights marriage are entitled to equal rights at the time of the has undermined equality in property ownership in marriage during the marriage and at the dissolution of Kenya. Customary law has been a key impediment in the marriage. Article 60 of Constitution in prescribing women’s realization of their rights as it is not aligned the principles of land policy further requires equitable with statutory law. Sessional Paper Number 3 of 2009 access to land and elimination of gender discrimination on National Land Policy has recognized disinheritance in law, customs and practices related to land and of women, exclusion of women in decision making for property. Under Article 68, Parliament is obligated land as key challenges while Sessional Paper Number 1 to pass laws to recognize and protect matrimonial of 2017 on Land Use Policy acknowledges that “gender property, particularly the matrimonial home which imbalance in the control of productive assets such as 12 land has resulted in women being more vulnerable to parties to a marriage have equal rights and obligations poverty among farming communities.” at the time of the marriage, during the marriage The law recognizes that there are various mechanisms and at the dissolution of the marriage. However, the through which one can own property including through interpretation of “equal” has been in contention in a purchase, matrimony, gift and succession/inheritance. number of cases. The current practice is that equality While there are no restrictions in the law that prevents in division of matrimonial property is based on the or bars women from purchasing property as the sole respective contribution of each spouse. registered owners or jointly, customary and cultural practices which prevent women from owning property Property Rights before the Marriage through other means such as inheritance hinder women from access and use of land. Prior to the enactment of the Law of Succession Act, administration of estates of Kenyans who died intestate was subject to customs of the community from which the deceased belonged. Although the Law of Succession Act ousted the application of customary law, except in specific circumstances, parties still seek to apply customary law in inheritance matters. Customary law on land rights and succession is predominantly patrilineal, and therefore discriminatory against women. This is explicitly stated in Sessional Paper Number 3 of 2009 on National Land Policy which states that “culture and traditions continue to support male inheritance of family land while there is lack of gender sensitive family laws. There is a conflict between the constitutional provisions and international treaties on gender equality vis-à-vis customary practices that discriminate against women in relation to land ownership and inheritance”. Land is a critical factor of production. Access to land is crucial in supporting infrastructure development related to housing, transport, development control The Matrimonial Property Act 2013 defines and planning, manufacturing, access to worksites, matrimonial home as any property that is owned or environmental sustainability, agricultural productivity, leased by one or both spouses and occupied or utilized food security and providing collateral for access to by the spouses as their family home and includes any credit. Enhancing gender inclusive access to land other attached property. Section 6 of the Matrimonial would enable women to unlock the benefits derived Property Act 2013 matrimonial property includes the from land to improve socio-economic development. matrimonial home or homes, any household goods and effects in the matrimonial home or homes or any Women’s Land Ownership through other property jointly owned and acquired during the Marriage subsistence of the marriage. This excludes property Besides purchase, women can also acquire rights to owned by either spouse before marriage—unless it is property through marriage. The ownership status used during marriage as the matrimonial home. The and rights of women in matrimonial property is general rule stipulates that for property to qualify as determined by a number of factors. Property rights matrimonial property, it ought to have been acquired during a marriage can apply before, during and upon during the subsistence of the marriage between the dissolution of the marriage. Article 45(3) of the parties unless otherwise agreed between them that Constitution and the Marriage Act are categorical that such property would not form part of matrimonial 13 property. However, this becomes problematic both spouses, which may not always be the case. where, during the marriage, a spouse contributes Property may be acquired for investment purposes indirectly to the development of the property that and not for the purpose of use or habitation by both was acquired before the marriage. Section 9 of the spouses. In this regard, the Land Act is inconsistent Matrimonial Property Act only provides that where with the Matrimonial Property Act as the latter one spouse acquires property during the marriage does not dictate requirements for the purpose of that does not become matrimonial property, but the acquisition. The ambiguity and inconsistencies the other spouse makes a contribution towards across the various Acts have undermined the improvement of the property, the spouse who enforcement of women’s rights to matrimonial makes a contribution acquires a beneficial interest property. in property equal to the contribution made. This does not adequately cover property acquired before Property Rights upon the Dissolution of the marriage and which a spouse has made a non- monetary contribution towards improvement of the Marriage property (such as management of such property). While Article 45(3) of the Constitution of Kenya and the Marriage Act provide that parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage, the Matrimonial Property Act determines the property rights of spouses based on contribution. Section 7 of the Act states that ownership of property of matrimonial property is vested in the spouses Property Rights during the Subsistence according to the contribution of either spouse of Marriage towards its acquisition and shall be divided between The Matrimonial Property Act prevents sale, lease the spouses if they divorce or their marriage is or mortgage of matrimonial property during the otherwise dissolved. subsistence of a monogamous marriage without This section makes determination of division the written and informed consent of both spouses. of proprietary rights in matrimonial property This is also reinforced by Section 79(3) of the Land dependent on the contributions of each spouse Act 2012 which requires both spouses to execute a toward its acquisition. This is further complemented charge document in respect of a matrimonial home by Section 9 of the Matrimonial Property Act which or to provide evidence of consent for the charge in provides for acquisition of interests in property order for a charge document to be valid. Section by way of contribution, even where matrimonial 93 of the Land Registration Act provides that if a property is registered, held in the name of one spouse acquires land during the subsistence of a spouse, if the other spouse makes contribution marriage for the co-ownership and use of spouses towards its improvement, the other spouse acquires or all spouses, such property shall be deemed to be proprietary interests in that property. matrimonial property. However, this is subject to the pre-condition that the property was acquired Contribution includes both monetary and for the purposes of co-ownership and use of non-monetary contributions. Non-monetary 14 the welfare of the family. It is also important to recognize the sacrifice made by having children and nurturing them, supporting the running of the household and sustaining the marriage; a woman may be deprived of the opportunity to acquire or advance her own education and qualifications. Basing the division of matrimonial property on proved contributions alone may be unjust as indirect contributions may often be unascertainable. The Matrimonial Property contributions include domestic work and Act has provided a paradigm management of the home, child care, companionship, shift for women property ownership of matrimonial management of the family business or property, property. Nonetheless, the ambiguity across the and farm work. Women’s indirect contributions in Constitution and the Matrimonial Property Act marriage are often undocumented and intangible. has left to interpretation whether the Constitution Nonetheless, the Courts often require women to intended equal rights to apply 50:50 for division provide evidence of their non-monetary contribution of matrimonial property or whether the concept which can be used as a basis to compute or quantify of equality is based on contribution as articulated the share one is entitled to. However, this begets by the Matrimonial Property Act, thereby creating the inclusion of non-monetary contribution as these inconsistencies and conflict across the various laws. often cannot be neatly packaged and documented Ensuring fair division of matrimonial property is into evidence. Further, as there is no criteria for a key part of protecting women’s rights within the valuation of non-monetary contribution, it is left to context of marriage and divorce. It also places value the Court’s discretion to quantify the non-monetary on women’s undocumented contributions, including contribution. In the case of SN v FM [2019] eKLR, the unpaid childcare and taking care of the home. judge noted that he applied his “mind” to determine the wife in the case was entitled to 30% share in the property based on her non-monetary contribution. Women’s Land Ownership through However, the judgment does not clarify how the Succession and Inheritance calculation was arrived at besides the application of The Constitution has attempted to eliminate the judge’s mind. In the case of E MN v N M [2018] gender bias in law, customs and practices related eKLR, the Court determined the wife’s non-monetary to land and property, including succession. This contribution to amount to 45% on account of her is motivated towards allowing women in Kenya taking care of 10 of their children, managing the equal inheritance rights in tandem with their male family farm and giving moral support to her husband counterparts. The Succession Act is the primary for over twenty years. Ultimately, it depends on the statute regulating and governing succession and judge’s discretion. probate and administration in Kenya. It envisions testate and intestate succession. Testate succession As regards non-financial contribution, there is occurs where a person dies having executed a valid need to place increased value of non-financial will in accordance with the criteria and conditions contributions made by women including catering to 15 stipulated by the law. Intestate succession/intestacy Even where an intestate leaves behind a spouse arises whereby a person dies without having made a and a child or children, a surviving spouse holds will or where a will is rendered invalid relating to his the estate in trust for the children, subject to a life estate. In the case of intestacy, the law determines interest in respect of a widow. The Law of Succession who is entitled to the estate of an intestate, including Act further requires that upon the remarriage of a their rights and interests. In this regard, the law on widow, the estate which is subject to the life interest intestacy envisions various circumstances which can devolves upon the surviving children, thereby affect women in the case of intestate succession. terminating the widow’s interests. This limitation does not apply to males/widowers. Inheritance Rights as a Spouse Inheritance Rights as a Daughter Where there is a surviving spouse and a child or children, the children of a deceased person are the next of kin of an intestate who may benefit. However, their rights accrue subject to the life interest devolved to the spouse. In the event of the death of the surviving spouse or the determination of their life interest in the property, the law states that the property should be divided equally among the children. In the event of remarriage of a widow, the whole residue of the estate which is subject to the life interest devolves upon the surviving children equally. If there is no surviving spouse, but the intestate leaves behind children, the estate devolves upon the children in equal shares. While reference to children under the Law of Succession Section 36 of the Law of Succession Act outlines the rules where the intestate has left a surviving spouse and no children. In such cases, the surviving spouse is entitled out of the net intestate estate to the personal and household effects of the deceased absolutely; and the first ten thousand shillings out of the residue of the net intestate estate, or twenty per centum thereof, whichever is the greater; and a life interest in the whole of the remainder of the estate. The law proceeds to stipulate that in cases where the surviving spouse is a widow, such life interest shall be extinguished and terminated upon her re-marriage to any person. However, the provision on determination of life interest upon remarriage applies exclusively to women and widows. It does not apply to widowers or men upon their remarriage. In this regard, the Law of Succession Act is prima facie discriminatory as the conditions imposed only apply to one gender. 16 family upon marriage and acquire property through their husbands, and therefore should not inherit from both their parents and their husband. These practices have formed the basis for excluding women from owning land through inheritance. Considering the above, regarding determination of life interest upon remarriage of widows, the Succession Act is yet to realign itself to aspirations of equity, equality, inclusiveness and non-discrimination. Further, the application of Act does not distinguish between male and female, customary law by communities sons and daughters or married and unmarried in succession matters hinders women’s access to children, female children are often disinherited their land and inheritance rights. The constant from their father’s estate on the basis of customary struggle between customary law and statutory law especially when they are married. law is particularly rife in inheritance and family law matters. This is perpetuated and propagated by Persistent application of customary law over cultural beliefs surrounding women’s land rights, or statutory law by the courts and society has lack thereof. In particular is the belief that married remained abstruse, arbitrary and esoteric, even women and females are not entitled to inherit when customary law has effectively been ousted their parents’ or spouse’s estate. Other incidents by Article 2(4) of the Constitution and Sections include disinheritance of women by their deceased 2(1), 35 and 38 of the Law of Succession Act. husband’s relatives upon his death. Exclusion of The application of customary systems has led to daughters by their male siblings from their father’s disinheritance of women and restriction of their estate is also rife. It is upon women to assert their access to their property rights through inheritance rights and the courts to uphold and enforce them as they are often subjective and biased against when brought to their attention. women’s rights to land ownership. Under Kamba customary law, only unmarried daughters or those Conclusion and Recommendations who were divorced and their dowry returned are Inconsistencies across various legislation have able to inherit their parents’ estate. On this basis, weakened the fight for women equality in land the Court in the case of The Matter of the Estate of ownership in various respects and there should be MutioIkonyo (deceased) Machakos HCP&A No. 203 a comprehensive review of family laws. Further, of 1996 held that the petitioner, being a married there is need to specify the method and criteria daughter of the deceased was not entitled to a for assessment of the value of non-monetary share of the estate. Under Kikuyu customary law, contributions. succession is similarly patrilineal with property The influence of customary practices has permeated devolving to male relatives of a deceased person family law, and efforts to phase them out have (Re Estate of Mwangi S/O Ngamba Alias Mwangi been futile. To counter these oppressive practices, Ngamba (Deceased) [2015] eKLR). It is erroneously women should be empowered through formal presumed that daughters will leave their nuclear education, civic education, awareness creation and 17 access to information on their ownership rights and This secures the beneficiaries’ interests and rights interests. Similarly, men should equally be educated in the assets. Under the Stamp Duty Act, transfers and sensitized on their responsibilities and the rights of property between spouses; transfer of a family of women. The Courts should also play an active role property to a limited liability company whose shares in championing for women’s equal rights. are wholly owned by the family; and transfer of In succession matters, executing a will should be property between associated companies are exempt highly encouraged (although the process still faces from stamp duty. This ought to encourage more challenges and dispute with validity of the will being families to embrace estate and succession planning contested in many cases). It is important to execute which can be more cost and time effective compared a valid so that the distribution of the estate cannot to undertaking probate and administration be understated. processes. Spouses should be sensitized on the value of By undertaking estate management and planning, registering properties in their joint names under land owners can ensure their assets are preserved the joint tenancy. Property may be co-owned as for the use, benefit and advantage of their intended joint tenants or as tenants in common. The key beneficiaries. Estate planning, through various distinguishing features of joint tenancy are the right measures, systems and structures, allows efficient, of survivorship (jus accrescendi) which implies that coordinated and long-lasting estate management. upon the death of one joint tenant, his/her interest in It also allows proper succession and distribution the land automatically passes to the other surviving to intended beneficiaries/dependents. These joint tenant(s). This also implies that an interest held measures, if well-structured, can protect the family by a joint tenant cannot pass to another person unit. Developing literacy on this through various through a will or through intestacy. It automatically platforms such as National Gender and Equality passes to the surviving joint tenant(s). When Commission, the Law Society of Kenya, the Judiciary, structured amongst spouses, to some extent this universities, religious institutions, non-governmental enhances the protection of nuclear family members organizations and county committees on gender and eases probate and administration processes for would be beneficial in empowering women and surviving spouses. society in general in understanding succession matters. Going forward, entrenching the concept of estate and succession management in Kenya is critical. This encourages individuals to distribute their estate through various mechanisms to their intended beneficiaries ex ante. 18 Kenya’s private sector is largely dominated by do not receive adequate training and education. micro, small and medium (MSME) enterprises These challenges are also established in Kenya’s who employ 93% of Kenya total labour force. Of long-term development plan, the Vision 2030, which the reported 6.41 million MSMEs in Kenya, 26.9% of provides that “women are disadvantaged in accessing are female-owned. The 2016 MSME Survey further labour markets and productive resources”. This is establishes that most unlicensed establishments in attributable to limited access to capital, education Kenya were female owned (61%) as opposed to male- and training. The Vision goes on to establish that owned (32.1%). Most women-owned establishments the government needs to place special attention to in Kenya therefore operate informally and are vulnerable groups which include women to promote consequently more susceptible to low productivity equity and expand wealth creation opportunities to because of business environment challenges. those who are often excluded in economic, social and For instance, according to the survey, unlicensed political spheres. One of the strategies in achieving establishments, in general, contribute only 10.4% of this as documented in Vision 2030 is by “increasing the MSMEs’ gross value added.These are important employment opportunities to women”. findings given that according to Sessional Paper No. 2 of 2005 on Development of Micro and Small Given this policy background, it is important to Enterprises for Wealth and Employment Creation for establish the current situation with the aim of Poverty Reduction and under the “Big Four” agenda, proposing policy interventions aimed at increasing the sector is expected to make significant contributions employment opportunities for women business to the country’s economic development. owners as articulated in the Vision 2030, particularly in the establishment of 1,000 additional manufacturing The policy further acknowledges that women are SMEs. more inappropriately disadvantaged, especially economically. According to Sessional Paper No. 2 of Overall, women-owned enterprises face several 2005, women are more vulnerable to chronic poverty various constraints as per the MSME Survey results. due to gender inequality. They are furthermore The top five constraints include lack of markets disadvantaged in terms of access to credit and access (defined in a broad sense) (18.7%), licensing (14.8%), to property due to gender biases in the labour market. local competition, which may be representative of lack The policy further establishes that women in business of innovation by the women owned MSMEs (14.6%), 19 Impact of HIV-Aids 00..00 Foreign compe on 00.3.3 Lack of skilled manpower 0.90.8 Taxes 0.90.8 Lack of space 1.30.9 Other government regula ons 1.50.8 Figure 1: Main Power interrup on 1.8 1.4 constraints faced Poor access to water 1.9 2.4 Male Interference from authori es 2.4 by women and 2.1 Shortage of raw materials or stock 3.3 Female male-owned/led 3.2 Lack of collateral for credit 5.0 4.7 MSMEs in Kenya Poor security 5.4 4.6 Poor roads/ transport 6.7 Data Source: KNBS 6.5 Licences 12.6 14.8 (2016), MSME Local compe on 13.7 14.6 2016 Survey Lack of markets 15.4 18.7 results 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 poor roads/transport (6.5%), and lack of collateral 10 women-owned enterprises (out of the sample for credit (4.7%). of 6,509 women-owned enterprises) identified the government as the main buyer for goods and Comparatively, the top five constraints for male- services. Informality is further linked to lower owned enterprises include lack of markets (15.4%), productivity, lower earnings and contributing to local competition (13.7%), licenses (12.6%), poor poverty and income inequality, and lost government roads/transport (6.7%), and poor security (5.4%) as revenue. indicated in Figure 2. Despite both men and women- led enterprises facing similar top three challenges Licensing challenges affect all MSMEs despite their (not ranked in the same order), severity levels are ownership. Women-led establishments, however, higher for women than men. identify licensing as the second biggest constraint (Figure 1). This is a likely reason as to why most Lack of access to markets has implications on women- (78.9%) of MSMEs in general operate without a owned enterprises since they end up fetching poor license, further explaining why enterprises owned prices on their produce and therefore low impact on by females were twice as likely to operate without productivity, employment and ultimately poverty a license compared to male-owned enterprises. reduction. As noted above, most women-owned The third Medium Term Plan (MTP III) identifies businesses operate informally, which introduces multiplicity of licenses, taxes and levies as an further challenges, and limiting their access to emerging policy issue which was also articulated in credit and market opportunities. Under the Access the 2019-2020 Budget Speech in which the National to Government Procurement Opportunities (AGPO) Treasury and Planning Cabinet Secretary called for programme, for instance, enterprises owned by the enactment of the County Governments Revenue women, youth and persons with disability have Raising Process Bill 2018 to regulate the introduction access to 30% public procurement by law (Public of levies by county governments and improve the Procurement and Asset Disposal Act 2015). A business environment. This licensing challenge is key requirement, however, is for the beneficiary amplified amongst women-owned enterprises who enterprise to be registered formally and thereby are forced to compete on the same level with male- operate as a registered business. Most (83.5%) of owned enterprises. women-owned enterprises, however, do not have a business registration, which in effect limits their Women-owned enterprises are disproportionately access to markets, including in the public sector. disadvantaged in access to collateral. This is In fact, according to the MSME Survey 2016, only attributable to limited access to securities such 20 the data further, the proportion of w o m e n - o w n e d MSMEs accessing the affirmative funds goes down to 0.4%. Women- owned MSMEs face the following challenges: first, they observe that obtaining credit is too expensive (11.7%), fear of debt (8.3%), too much trouble in acquiring credit (6.0%) and inadequate collateral (5.9%), among others. as land which, as indicated in Figure 1, forms part Interestingly, 60.6% of the key constraints faced by female-owned of women-owned enterprises opined that they do not enterprises. Land is not only important for accessing need credit, which may be why most women-owned credit but also supports other infrastructure where enterprises, particularly those operating informally, establishments are located, such as markets, roads, did not apply for credit worksites/workspaces, among others. According to . statistics from FIDA in 2019, only 1% of land titles Another important finding established by the 2016 are owned by women and 5% of titles are under joint MSME Survey is that most MSMEs operate in the ownership between women and men. The Kenya service sector, particularly wholesale and retail Land Alliance (2018) disaggregation of ownership of trade, repair of motor vehicles and motorcycles. land titles issued between 2013 and 2017 shows that As much as this does not present itself as a 10.3% of titles were issued to women while 85.6% challenge at onset, further interrogation reveals to men. Despite gender inequality persisting in land that operations are concentrated in either retail ownership, the Constitution of Kenya 2010 and the or wholesale trade of food and beverage services, Lands Act 2011 advocate for women’s equitable with very few participating in high value sectors access to and secure land rights. The Rural Women’s such as telecommunication or financial services. Land Rights Charter of Kenya 2016 also had a wider Of those operating in manufacturing, most are in goal of enabling women access, own, use and control food and beverage production which are regarded of land resources. as low-technology intensity sectors. In fact, most The Government of Kenya has over time established (98%) women-owned enterprises operate in low- affirmative funds to address the challenge of limited technology sectors compared to 70% registered access to finance such as Women Enterprise Fund amongst male-owned enterprises. Low-technology (WEF), Uwezo Fund, Youth Enterprise Development intensity sectors include food and beverage products, Fund (YEDF) and National Gender Affirmative Action textiles, leather and wood products, which form Fund (NGAAF). Surprisingly, the uptake of this funds most of Kenya’s manufacturing base. Further, these has been poor as evidenced from the MSME Survey are the same sectors prioritized under the “Big Four” of 2016 which shows that only 0.1% of all MSMEs agenda for manufacturing. accessed the affirmative funds. In disaggregating 21 The fact that women-owned enterprises are either financing research, innovation and technology in services sector that contributes low value added transfer. The proposed SME Credit Guarantee Scheme or low-technology intensity manufacturing sectors should also be gender sensitive in design and be therefore presents a policy challenge. Women-owned able to facilitate access to finance to women-owned enterprises face challenges in acquiring and adopting enterprises who stand a higher chance of operating technology, which is a result of other factors including informally and without a business registration. The information asymmetry, limited access to finance same applies for AGPO programe, which calls for a and low levels of education. As a result, women-led review of the current public procurement policies establishments may have a limited role in contributing and requirements. Other opportunities for promoting meaningfully to the government’s “Big Four” agenda women in business in Kenya include development where manufacturing and food security are important of market information system for MSME products pillars if these challenges are not addressed, particularly through digital platforms and appropriate markets with given that most enterprises operate in these sectors. relevant market-access infrastructure. There is need to This may end up creating more divide between male build the capacity of women in business in developing and female-led establishments. quality products. MSE associations can play a critical role in this aspect. This may call for the development The existing policies that promote access to markets, of a comprehensive MSME production and marketing access to credit, land and to technology may not have strategy. achieved the desired effects particularly on women- owned enterprises. All is not lost, however, given Land reform, infrastructure and technology, science, that MTP III establishes the MSME Development technology and innovation (STI), have been identified Programmes which will, among other things, promote in Kenya’s long-term development strategy, the Vision technology transfer and enhance provision of credit 2030, as among the key foundations and enablers for and promote branding and market access. The achieving national transformation. Further, the MTP programme, if well designed and acknowledging the III calls for development of a Science, Technology and heterogeneity of MSMEs in Kenya, has the potential Innovation Policy and National Gender Policy. These of effectively addressing some of the key constraints. policies should be cognizant of the challenges faced Additionally, as the government plans to consolidate by women in business particularly in accessing land, Uwezo Fund, Youth Enterprise Development Fund, credit and technology. Investments made in these Women Enterprise Fund and the Micro and Small enablers should be aimed at increasing employment Enterprises Development Fund (which is however yet opportunities to women. Investing in technology, for to be operationalized) into Biashara Kenya Fund, as instance, is associated with increased productivity presented by the Treasury Cabinet Secretary during and in raised levels of value added, something the 2019-20 Budget Statement, special priority should necessary for women-owned enterprises. In a bid to be given to women-owned business. This is a critical enhance economic inclusion of women, policies and step in ensuring the fund is gender sensitive. interventions should be responsive to the gender- The proposed MSE Development Fund will provide specific constraints faced by women-owned enterprises affordable credit, financing capacity building and while addressing any gender-based disparities. 22 Women’s roles in agriculture vary considerably Women play a critical and between and within regions and are changing rapidly potentially transformative in many parts of the country. Women living in rural role in agricultural growth, areas often manage complex households and pursue but they face persistent obstacles and multiple livelihood strategies. Their activities typically economic constraints, limiting further include producing agricultural crops, tending animals, inclusion in agriculture. According to processing and preparing food, working for wages in Action Aid 2015 and KNBS 2019, women agricultural or other rural enterprises, collecting fuel constitute 75-89% of the labour force and water, engaging in trade and marketing, caring for in small-scale agriculture and manage family members, and maintaining their homes. Many an estimated 40% of small-scale farms. of these activities are not defined as “economically Youth involvement in agricultural active employment” in national accounts, but they are activities is noted to be declining due to essential to the well-being of rural households. Their negative attitudes towards agriculture, counterparts living in urban areas are usually involved and owing to its toilsome and drudgery in providing unskilled labour and minute agribusiness nature. This is despite the increased trade activities, in addition to caring for family members youth unemployment rate that stands at and maintaining their homes. Youth roles in agriculture 55% in the country. are mostly centered around provision of labour and agribusiness activities along the value chain. 23 More bias is noted in value which they can expand their cooperatives. It also leads to addition such as processing, businesses and improve their restrictions in access to start up, aggregation, transportation and incomes. As noted by FIDA in working and expansion capitals, cottage industries as opposed the Women’s Land and Property thereby limiting their growth to production. The youth’s Rights in Kenya report in 2017, and improvement in production attractiveness to agri-business is women own only 1% of land and sales. This ultimately likely due to the area being less titles in Kenya while only 5% leads to more exclusion from demanding in terms of tangible of land titles are under joint economic opportunities and assets such as agricultural land, ownership between men and widening of socio-economic which are less accessible to the women. While it is possible inequalities. youth. to access farming credit According to FAO 2012, empirical evidence shows that in developing countries, eliminating the gap of access to agricultural resources between men and women would raise yields on women’s farms by 20-30% and increase Despite the clear roles played through other channels, mostly agricultural production by 2.5- by women and youth in informal, the amount received 4.0%. This in turn could reduce Kenya’s agriculture, access is often too little to achieve the number of undernourished to agri-finance as recognized the desired outcome of agri- people by 12-17% or 100-150 in the Agriculture Sector entrepreneurship. Moreover, million people. Recognizing the Transformation and Growth youths in agriculture are challenges women and youth strategy (ASTGS) (2019- perceived to be high risk clients in agriculture face, Kenya’s key 2029) and the Kenya Youth by financial service providers agricultural policy documents Agribusiness Strategy (KYAS) in the country. This follows such as the Agricultural Sector (2017-2021) remains a their weak financial capacities, Growth and Transformation bottleneck for this category poor savings culture, minimal Programme (ASTGS) 2019- of people. According to World financial track record and 2029 have flagships designed Bank 2012, women and youth inexperience in agriculture. to ensure more inclusion of are much at a disadvantage youth, women and people with as far as their ability to offer Not only do these challenges disabilities (PWDs). collateral for loans is concerned. hinder access to agri-finance, Women farmers lack title deeds but also limit women and This can contribute to for the pieces of land they own youth from accessing impacting 1.4 million small- and, as a result, they do not marketing platforms such as scale agricultural households qualify for bank loans through contract farming and farming by enhancing value addition, 24 when transaction costs in terms of transport and time are factored in. This would contribute to unlocking the potential of women involved in agriculture. In improving the youth’s access to agricultural output, food Financial institutions should agri-finance, there security and agro-incomes design products that offer is need to develop capacity (with a target of Ksh 20,000 financial incentives and cover to improve their agribusiness additional income for every financial inclusion to include competitiveness. A possible small-scale farmer per year). savings, insurance, loans and way to achieve this is for Complementing ASTGS is the payment systems that meet the government and non- KYAS (2017-2021) which seeks the needs of women. For governmental organizations to address these challenges that instance, extending agricultural to develop the capacity of hinder youth from meaningful insurance to small producers in agricultural development and sustainable participation addition to bundling products finance institutions in Kenya to in the sector by providing in health and life events, such mentor and provide affordable new opportunities for youth as pregnancy and birth, death finance to the young, innovative in agriculture value chains. To and marriages are particularly agricultural entrepreneurs in achieve this, one of the major important to women. the country. targets of both ASTGS and Embracing use of technology The capacity of agricultural KYAS is to enhance access to and innovative financial finance institutions, such affordable youth and women- delivery channels should be Agricultural Finance friendly agri-financial services advocated for. This includes Corporation (AFC), should be for agri-entrepreneurship. taking advantage of the developed not only to provide relatively mature mobile money affordable financial services to In unlocking the potential for sector in the country. The the youth in agribusiness value women and youth through telecommunication industry chains, but also nurture youths’ agri-finance, there is need in collaboration with financial innovative agribusinesses to promote financial literacy institutions and Ministry of through incubation hubs. In through training to ensure that Agriculture should promote addition to providing financial women can compare financial mobile phone money plans in support, the incubation hubs products and make decisions borrowing and loan payments should be modelled to provide based on a clear understanding as almost every woman living early-stage pooled facilities and of the characteristics and in urban and rural settings is infrastructure, mentoring and conditions of these products. able to access a mobile phone. networking and market access. This should be spearheaded by This will help women overcome stakeholders in agricultural and social constraints that restrict This is likely to transform financial domains, including women’s mobility, especially youths’ promising innovative financial institutions (public and in cases where distances to agri-businesses in various private), national and county the nearest finance centers value chains into sustainable governments during extension such as banks and savings and and profitable agricultural services provision forums, and credit cooperative societies enterprises. non-state actors such as NGOs. are an issue, particularly 25 POLICY NEWS also seeks to amend the Legal the Head of State on 13th May LEGISLATIVE DEVELOPMENTS Education Act 2012 (No. 27 2019. The Act has amended the Acts of Parliament of 2012). The Bill proposes to following Acts: The Statute Law amend section 8 of the Legal (Miscellaneous Amendment) Education Act to regularize the The Pharmacy and Poisons Act 2019 was assented to by administration of the pre-bar Act (Cap 244) by conferring the President on 5th July 2019 examination for entry into the additional powers on the and it proposes a number of advocates training programme. Pharmacy and Poisons significant amendments to It also provides for accreditation Board including to formulate various Acts, including the of legal education providers guidelines for regulating the for the purpose of licensing of manufacture, import and the Advocates export, distribution, sale and Training use of medical products. Programme It has also replaced and to allow other expanded the definition of institutions drug to from just “medicine, to offer the medicinal preparation or programme. The therapeutic substance” under Amendment Bill the repealed Section to also seeks to include health products and empower CLE to medicinal substances. “health make regulations product” includes human and in respect of veterinary medicines, medical requirements for products, medicinal substances, the admission of vaccines, diagnostics, medical Insurance Act, the Companies persons seeking to enroll in all devices, blood products, Act, the Public Finance legal education programmes. traditional and alternative Management Act and the The effect of this is to remove medicine, therapeutic feeds Prevention of Terrorism Act. KSL’s powers to determine the and nutritional formulations, Key Acts sought to be amended admission requirements for the cosmetics and related products. are the Kenya School of Law advocates training programme It also creates additional Act and the Legal Education and transfer them to the CLE. offences to enhance consumer Act. The Bill proposes to amend The Assumption of Office protection mechanisms. The section 4 to the Kenya School of Governor Act 2019 was offences include manufacturing, of Law Act 2012 to remove the assented to by the President importing, exporting, storing current exclusivity and open up on 31st May 2019. This Act or distributing medicinal the licensing of other education provides for the procedure and substances that are unfit for use providers to train advocates ceremony for the assumption in humans or in animals; that under the Advocates Act. It of the Office of Governor is adulterated; that is injurious also deletes the provisions by the Governor-elect, and to human or animal health; empowering the Kenya School for connected purposes. that has been manufactured of Law to determine the The Act amends the County or stored for sale under admission requirements for the Governments Act (No. 17 of insanitary and or unfavourable advocates training programme 2012) and the Elections Act conditions; that has been as this is a function of the (No. 24 of 2011). labelled, packaged or promoted Council for Legal Education in a manner that is false or (CLE). In the same breath, it The Health Laws (Amendment) misleading; or any counterfeit Act, 2018 was assented to by starting materials. 26 Managers Act and the Clinical Management Authority Act The Medical Practitioners and Officers (Training, Registration 2016 by amending the sections Dentists Act (Cap 253) has and Licensing) Act. providing for the establishment been amended by replacing of the coordinating committees the Medical Practitioners NATIONAL ASSEMBLY BILLS and establishment of the and Dentists Board (KMPDB) management of the National with the Kenya Medical and The Public Service (Values Drought Emergency Fund. Dental Council and conferring and Principles) Amendment it with additional functions Bill 2019 was gazetted on 15th The County Governments’ including to prescribe the March 2019 for introduction Retirement Scheme Bill 2019 minimum educational entry into the National Assembly was gazetted on 5th April 2019. requirements for persons and it seeks to amend the The principal objective of this wishing to be trained as medical Public Service (Services and Bill is to establish the County and dental practitioners; Principles) Act to require all Governments’ Retirement conduct internship qualifying state organs in the national and Scheme as a mandatory Scheme examinations, preregistration county governments and state for all county government examinations, and peer corporations to submit annual officers. review; regulating, registering, reports on details of the human licensing and inspecting health resource in constitutional The Kenya Food and Drugs institutions; and inspecting and commissions, independent Authority Bill 2019 was accrediting new and existing offices and County Public gazetted on 15th April 2019. institutions for medical and Service Boards and County The objective of this Bill is dental internship training Assembly Service Board. to establish the Kenya Food in Kenya. The Amendment and Drugs Authority within Act has also restructured The Sectional Properties Bill National Government. The Bill the institutional framework 2019 was gazetted on 29th provides for the regulation and of the medical profession March 2019 for introduction management of food, drugs, including by removing the into the National Assembly chemical substances, medical position of Director of Medical and it provides for the division devices and other health Services and replacing it with of buildings into units to be technologies. It also gives effect a Director General who shall owned by individual proprietors to the principles and objects of be a member of the Council. It and common property to be devolved government in food has also created the position owned by proprietors of the safety regulation. of a Chief Executive Officer units as tenants in common. The Independent Electoral who shall be appointed by the It also provides for the use and Boundaries Commission Council to undertake the daily and management of the units (Amendment) (No. 2) Bill, 2019 management of staff and affairs and common property and was gazetted on 15th April of the Council. addresses the contemporary 2019. This Bill seeks to amend Other Acts which have been challenges associated with the Independent Electoral amended include the Nurses ownership of property in a and Boundaries Commission Act (cap 257); Kenya Medical sectional property environment. Act 2011. In the first instance, Training College Act (Cap 261); the Bill seeks to address the the Nutritionists and Dieticians The National Drought lacuna in the law in terms of the Act; the Kenya Medical Supplies Management Authority appointment of commissioners Authority Act; the Counsellors (Amendment) Bill 2019 was when a vacancy arises since and Psychologists Act; the gazetted on 5th April 2019. The paragraph (2) of the First Physiotherapists Act; the principal objective of the Bill is Schedule to the Independent Health Records and Information to amend the National Drought Electoral and Boundaries 27 Commission Act does not institutions. This is owing to The Gaming Bill 2019 was provide for the subsequent the fact the school curricula do gazetted on 27th May 2019 and appointment of commissioners. not provide the learners with its objective is to establish an The Bill also seeks to amend the education on safety, particularly Act of Parliament to provide Fifth Schedule that is already on how to conduct security for the control and licensing spent after the first review drills, evacuation, first aid, of betting, casinos and other relating to the delimitation of how to locate explosives, how forms of gaming; authorization boundaries of constituencies to sense danger, among other of prize competitions and public and wards. safety-related things. lotteries, for the establishment of the National Lottery and the The Assisted Reproductive imposition of a tax on gaming. Technology Bill 2019 was gazetted on 15th April 2019 and SENATE – BILLS CONCERNING it seeks to regulate rights and COUNTY GOVERNMENTS obligations relating to assisted The County Tourism Bill 2019 reproductive technology. It aims was gazetted on 15th April 2019. to regulate the use of assisted The objective of this Bill is to reproductive technologies to aid amend the Tourism Act (No. individuals or couples that have 28 of 2011) to make provisions challenges conceiving due to for local tourism and involve factors associated with infertility. counties in the development, Furthermore, the Bill aims management, marketing, The Crops (Amendment) to regulate the qualifications licensing and regulation of local (No. 2) Bill 2019 was gazetted of health practitioners who tourism. on15th April 2019 and it administer assisted reproductive proposes to amend Section technology to protect recipients 40 of the Crops Act 2013 to of the services. The Bill contains The Control of Stray Dogs Bill compel the Cabinet Secretary in provisions that define rights 2019 was gazetted on 15th April consultation with the Authority touching on, among others, 2019. This Bill seeks to repeal and County governments to issues relating to consents the Rabies Act (Cap. 365) to ensure that coffee is exported preceding assisted reproduction; effectively deal with stray dogs only in processed form having handling of embryos resulting which pose serious human been roasted, milled, packed, from assisted reproductive health, dog health and welfare branded, and clearly labelled technology; protection of the problems. The Bill also seeks to with “a made in Kenya” identity, status and welfare of provide for the power to seize, inscription and further to children borne out of assisted detain or destroy stray dogs or prohibit the raw export of coffee reproduction; and duties of stray cats in case of outbreak of in any form whatsoever. persons who undergo assisted disease. reproduction and their legal The Kenya Institute of status as parents. The County Allocation of Curriculum Development The Bill establishes an Assisted Revenue Bill 2019 was gazetted (Amendment) Bill 2019 was Reproductive Technology on 26th April 2019. The principal gazetted on 15th April 2019. Its Authority to regulate the objective of this Bill is to provide objective is to amend the processes, licensing, standards, for the equitable allocation of Kenya Institute of Curriculum research and infrastructure revenue raised nationally among Development Act (No. 4 of relating to assisted reproductive the county governments for the 2013) to enhance disaster risk technology. 2019/2020 financial year and reduction (DRR) in learning the responsibilities of national 28 and county governments 2019 and it proposes to amend to the second Eurobond, pursuant to such allocation. the National Museums and signifying improved investor Heritage Act (No. 6 of 2006). confidence in Kenya’s economy. The Public Finance The Bill seeks to give effect The proceeds from the issuance Management (Amendment) Bill to the Fourth Schedule of the is planned to finance some of 2019 was gazetted on15th April Constitution on distribution of the development infrastructure 2019. Its objective is to amend functions between the National projects, the general budgetary the Public Finance Management Government and the County expenditure and to refinance Act (No. 18 of 2012) to establish Governments. part of the obligations a collaborative framework for outstanding under the US$ 750 collection of revenues by the NATIONAL POLICY NEWS AND million (2014 Eurobond) due on county governments and the DEVELOPMENTS 24 June 2019 and potentially National Treasury together with Positive Response to Kenya’s part of other debt obligations. the Kenya Revenue Authority. Third Eurobond The Government of Kenya DEMONETIZATION OF KENYAN The Commission on successfully placed a new CURRENCY Administrative Justice US$ 2.1 billion, dual-tranche The Central Bank Governor, (Amendment) Bill 2019 was Eurobond of 7-year and 12- Dr Patrick Njoroge, launched gazetted on 15th April 2019. year tenors on 15th May 2019 the new generation banknotes This Bill seeks to amend the in London, United Kingdom. during the Madaraka day Commission on Administrative The Euro bond was priced at celebration in Narok County. Justice Act (No. 23 of 2011) to 7.0% for the 7-year tenor and The unveiling of the new notes provide for the decentralization 8.0% for the 12-year tenor. This was in line with provisions of the of the office of the Commission was the third time Kenya had 2010 Constitution that banned on Administrative Justice by been in the International Debt the use of presidential portraits establishing satellite offices in Capital Markets. The first was on Kenyan currency. The new all counties to bring its services in June 2014 when the country notes portray the country’s closer to the people. Under the launched the debut bond of US$ cultural, social and economic Bill, all the counties shall have 2.0 billion and a further US$ 750 nature. For instance, the Ksh a branch of the office of the million while the second was in 50 signifies green energy, Ksh Commission on Administrative February 2018 when a US$ 2.0 100 agriculture, Ksh 200 social Justice which shall ensure that billion, two equal tranches of services, Ksh 500 tourism and the members of the counties 10 years at a rate of 7.25% and Ksh 1000 governance. The have easy access to the offices 30 years at a rate of 8.25% was new notes by design take into to report their grievances. The issued. The cost of the recent consideration the visually Bill also seeks to repeal the issuance is lower in comparison impaired persons who can easily sunset clause on the possible merger of the Commission on Administrative Justice and the Kenya National Commission on Human Rights as there is still need for a body that performs the functions of an ombudsman in the public sector. The National Museums and Heritage (Amendment) Bill 2019 was gazetted on 15th April 29 identify the notes by running prudent and efficient spending of loans. KMRC has received capital their fingers over them. The funds, mobilization of domestic from Government of Kenya of resources to fund Ksh 1 billion, Ksh 1.2 billion from priority projects, stakeholder banks and SACCOs reduction of with additional contributions fiscal deficit and from Development Financial implementation Institutions. According to the of reforms Budget Statement, KMRC further that promote has a Ksh 35 billion credit line efficiency. from the World Bank and Africa The projected Development Bank. expenditures for 2019/20 The World Bank on 30th amounted to Ksh April 2019 approved a Ksh 2.8 trillion (25.7% 25 billion (US$ 250 million notes also have a security thread of GDP) out of which the Treasury loan to enhance access to that makes it easy to identify expects to collect Ksh 2.1 trillion affordable housing finance over any counterfeits. Following from internal revenues including for Kenyans who are unable the launch, the Central Bank of A-i-A. The Ksh 607.8 billion (5.6% to access long-term housing Kenya (CBK) is in the process of of GDP) fiscal deficit will be finance. The Kenya Affordable demonetizing 217.6 million pieces funded by Ksh 324.3 billion net Housing Finance Project of the Ksh1,000 old series notes external finances and Ksh 283.5 (KAHFP), World Bank project, to counter the rising cases of billion net domestic finances. has one component aimed at illicit financial transactions and The projected expenditure is Ksh supporting the capitalization and the emerging counterfeit notes. 0.24 billion higher compared to operationalization of KMRC. The CBK noted that the Ksh 1,000 Ksh 2.56 billion (26.3% of GDP) note is the most abused currency for 2018/19. However, this is INTENSIFICATION OF TAKEOVERS in the Kenyan market and hence expected to be countered by an AND ACQUISITIONS issued its recall from circulation increase in expected revenues. A London Stock Exchange- by 1st October 2019. The notes, The budget presented tax policy listed company, Anglo African thereafter, will cease being legal measures aimed at generating an Agriculture (AAA), has filed a tender. additional Ksh 37.0 billion in tax notice for the acquisition of revenues. These include, but not Comarco Group of companies National Treasury CS Unveils limited to, an increase of Capital based in Kenya. Comarco Group 2019/2020 Budget Gains Tax from 5% to 12.5%, was established in 1971 which The National Treasury and introduction of a 10% excise duty owns and operates a private Planning Cabinet Secretary, Henry of the amount staked on betting port in Mombasa and is engaged Rotich, presented the budget activities and a 15% increase in part and marine logistics in for financial year 2019/20 on in excise duties on alcohol and Eastern and Southern Africa. The 13th June 2019. The budget cigarettes. proposed acquisition would result themed “Transforming Lives: KMRC to Facilitate Affordable in current AAA shareholders Harnessing the Big Four Plan” Mortgage Loans having a minority interest in laid a foundation for achieving the The 2019-2020 Budget the enlarged Group and would “Big Four” agenda. It also aimed Statement recognized the recent constitute a Reverse Takeover at addressing five challenges establishment of the Kenya which will in turn be subject to facing the Kenyan economy Mortgage Refinance Company a vote by the stakeholders and through creation of an enabling (KMRC) which aims to facilitate relevant regulatory and stock environment for businesses, access to affordable mortgage exchange approvals. 30 Bahamas incorporated Heritour exchange and derivatives 1.1 million people in the 14 limited has received approval brokers, rules of the exchange, marginalized, arid and semi- from Competition Authority of governance of the exchange, arid counties of West Pokot, Kenya to acquire 100% shares clearing house of the derivatives Turkana, Marsabit, Samburu, in Abercrombie and Kent (A&K) exchange and market offences Isiolo, Mandera, Wajir, Garissa, Group of Companies which and associated penalties. Tana River, Lamu, Kilifi, Kwale, has several subsidiaries in PSVs Body-builders to be Vetted Taita Taveta and Narok. Through Kenya including tour operation Again financing from the World Bank services. A&K operates in over The National Transport and of US$ 150 million (Ksh 15 30 countries with over 55 offices. Safety Authority (NTSA) in April billion), KOSAP seeks to establish Safaricom-Vodacom to Purchase 2019 announced that it will vet viable off-grid solutions for areas Vodafone’s Mpesa Rights afresh public service vehicle that are too far for the national Safaricom and Vodacom are set (PSV) body-builders and issue grid to be economical. The to start a joint venture to acquire new licences in a bid to weed Results-Based Financing (RBF) the brand and platform related out quacks and enhance safety and Debt Facilities under the assets of M-Pesa from Vodafone. as it implements new standards. According to the 2019 Vodafone The NTSA asked body-builders annual report, M-Pesa, which to seek fresh approvals to is regarded as the company’s manufacture PSV bodies. The “African payment platform,” has new body-building standards, a customer base of 37.1 million technically known as KS 372, as at 2019, with over €10 billion were gazetted on 1st March payments processed monthly 2019. The guidelines require across seven countries in Africa. only approved firms to build KOSAP will be implemented by Vodafone indirectly owns 64.5% the body of passenger vehicles. the Ministry of Energy alongside of Vodacom’s ordinary share The standards are meant to the Kenya Power and Lighting capital. Vodacom being the sub- enhance the safety and comfort Company (KPLC) and the Rural Saharan African subsidiary with of passengers. Under the rules, Electrification and Renewable 34.9% has interest in Safaricom body-builders will be compelled Energy Corporation (REREC). It PLC while Vodafone retains an to embrace best practices such was also announced that the indirect stake of 5% in Safaricom. as strong seat anchorage, use World Bank will provide up to NSE Gets Approval to Operate of materials such as fibre glass Ksh 18 billion to Kenya Electricity Derivatives Exchange Market and plastics rather than heavy Generating Company (KenGen) The Capital Market Authority metals on seat handles and in the form of risk guarantee (CMA) of Kenya granted the ensure that structural designs allowing it to attract long term Nairobi Securities Exchange can protect passengers in case of capital for its renewable energy (NSE) an approval to launch an accident. development projects. This will and operate a Derivatives. also enable KenGen to raise up Exchange Market dubbed NEXT. OFF-GRID SOLAR ACCESS to Ksh 30 billion in long term NEXT will facilitate the trading PROJECT LAUNCHED commercial financing to be of futures contracts in the On 11thJune 2019, the used to refinance its existing Kenyan market. It is regulated Government of Kenya launched commercial loans. by CMA as established in the a Ksh 4.7 billion facility under Capital Markets Act and the the Kenya-Off-Grid Solar Access ENERGY REGULATORY Capital Markets Derivatives Project (KOSAP) aimed at COMMISSION RENAMED Markets Regulations 2015. The spurring the private sector to The Energy Regulatory regulations introduce provisions provide viable solar and clean Commission (ERC) changed for licensing of derivatives cooking solutions to about its name to the Energy and 31 Petroleum Regulatory Authority of Investigation (FBI) Deputy rate of incarceration of minors (EPRA) in April following Director, David Bowdich, and US found to be engaging in sexual the coming into force of the Deputy AttorneyGeneral, Bruce activity with other minors. Energy Act of 2019 in March. Swartz, during their week-long The industry regulator said visit to the US. Besides pledging KENYA AMONG TOP the change is part of its re- their support in Kenya’s anti- HEALTHIEST COUNTRIES IN alignment to the law, which corruption agenda, discussion SUB-SAHARAN AFRICA further provides that EPRA focused on sharing information According to the 2019 edition is to regulate generation, on best practices and tackling of the Bloomberg Healthiest importation, exportation, complex and transboundary Country Index, Kenya is among transmission, distribution, issues of money laundering the healthiest countries in Sub- supply and use of electrical and corruption. The talks also Saharan Africa (SSA). The index energy, except for licensing of touched on anti-terrorism grades countries based on life nuclear facilities. Under the Act, matters where the US promised expectancy, rates of obesity, licensing of nuclear facilities is to help establish a Joint Anti- tobacco use and environmental now the mandate of the Nuclear Terrorism Task Force in Kenya. factors including access to clean Power and Energy Agency The US has also committed water and sanitation. In the SSA (NPEA) which was established to tackling other crimes region, Kenya ranked third after under the Act alongside including organized crime, Mauritius (74) and Cape Verde the Rural Electrification and drug and human trafficking (94). Some of the factors that Renewable Energy Corporation of which these efforts will be contributed to the rise include complemented by sharing of reduced mortality by diseases intelligence. and injuries, increased access to health care and improved life expectancy. CIVIL SOCIETY CALLS FOR Some of the factors that REVIEW OF SEXUAL OFFENCES may be holding the country ACT from performing better in Inmates and child activists the Bloomberg Healthiest have called for the review of Country Index is the risk of the Sexual Offences Act on the young people dying from non- (REREC). The ERC was basis that it is discriminatory communicable diseases (NCD) established under the Energy against males as opposed to due to behavioral risks such Act of 2006. females. This emerged when as alcoholism and tobacco members of the civil society and smoking. The index, which US TO SUPPORT KENYA’S ANTI- religious leaders joined inmates analyses data from the WHO, CORRUPTION INITIATIVES at Naivasha Medium Prison in United Nations Population To advance the fight against marking Father’s Day. In their Division and World Bank, placed corruption in Kenya, the US opinion, in cases of defilement Spain as the healthiest country has agreed to send to Kenya of minors, courts have been in the world followed by Italy one of its top prosecutors pronouncing judgment against and Iceland, respectively. to support the country in its males while acquitting females, anti-corruption initiatives. This leading to a high number of NEW CURRICULUM POLICY was the result of discussions convictions for male suspects. LAUNCHED led by the Director of Public This discussion comes against The policy to guide the new Prosecutions (DPP) Noordin the backdrop of the debate on curriculum was launched on Haji and Directorate of Criminal the need to review the Sexual 15th May 2019 by Education Investigations (DCI) boss George Offences Act to lower the age of Cabinet Secretary, Prof. George Kinoti with the Federal Bureau consent to 16, and to reduce the Magoha, at the Kenya Institute 32 of Curriculum Development number of civil servants. Human the potential of contributing (KICD). The policy provides rights lobbyists went to court to regional trade, investment details on how the Ministry will seeking a suspension of the and regional infrastructure ensure proper implementation process amid claims of forcible development, among others. of the new curriculum that registration and security of the However, militia-plagued Eastern is currently rolled out in pre- data captured. The High Court DRC and the Ebola epidemic primary I and II, as well as Grade declined the suspension request could pose a challenge to the 1 and 2. The competency-based but barred the government regional bloc. To be an effective curriculum 2-6-3-3-3 is a drastic from sharing the data with member of EAC if admitted, DRC shift from the current 8-4-4. The other organizations or locking will have to establish strong and learners will spend two years out un-registered Kenyans from effective state institutions that in pre-primary, six in primary, services. are critical for regional peace, three in junior secondary, three security and stability. in senior secondary and another REGIONAL POLICY NEWS Implications of Sudan Crisis to three in higher learning. The the Eastern African Region curriculum reform is the most DR Congo Applies to Join East Since Sudanese President far-reaching since 1985, when African Community Omar Al-Bashir was deposed the 8-4-4 system replaced the The Democratic Republic of by the military on 11th April Congo (DRC) has formally 2019 following months of pro- applied for admission to the democracy protests to his iron- East African Community (EAC). fist rule, the country is yet to The DRC President, Felix stabilize due to disagreements Tshisekedi, wrote to the current between the Transitional EAC Chairperson President Military Council (TMC) and Paul Kagame of Rwanda on the pro-democracy opposition 8th June 2019, noting that his groups. Negotiations collapsed country stands to benefit from in early June after the two 7-6-3 model that had been in development, security and sides disagreed on who should place since 1964. stability by joining the regional take charge of the transition. bloc. Since he ascended to Uncertainty has engulfed the PRESIDENT KENYATTA the presidency in January this country following the military LAUNCHES HUDUMA NAMBA year, President Tshisekedi has crackdown on pro-democracy REGISTRATION visited EAC Partner States protesters that left over a On 2nd April 2019, President including Kenya, Rwanda, hundred people dead and more Uhuru Kenyatta launched the Uganda and Tanzania, in which injured. On 6th June 2019, the National Integrated Identity he expressed the desire for his African Union suspended Sudan Management System (NIIMS) country to be a member of the from the bloc’s activities until dubbed ‘Huduma Namba’ EAC. With a population of over the TMC hands over power to registration exercise as the 80 million citizens, the vast a civilian-led authority. There government seeks to establish natural resource-rich DRC has are concerns in the region that and maintain a master digital national population register identifying everybody resident in Kenya. NIIMS saves biometric (fingerprints and facials), demographic and physical details of Kenyans and registered foreigners and will also help the government to verify the actual 33 a prolonged crisis in Khartoum Union and other integrated the talks, President Kenyatta could have ramification on blocs. However, the AfCFTA thanked the Prime Minister for regional security, trade and member states have to address Canada’s support for Kenya’s investment. In addition, outstanding issues including nascent blue economy sector, the crisis could also thwart arbitration measures, certifying especially in the setting up commitments and other origins of goods, tackling of the Coast Guard Unit and negotiations over the use of graft and improvement of the establishment of marine River Nile waters since Sudan infrastructure. aquarium and fish processing is a key country in the Nile facilities and in co-hosting Basin Cooperative Framework FOREIGN POLICY Sustainable Blue Economy Agreement. Sudan is one of the DEVELOPMENTS Conference in 2018, in Nairobi. key markets for Kenya’s, tea hence the country could lose a Ghana: President Kenyatta and lucrative tea market if the crisis President Nana Akufo-Addo prolongs. of Ghana held bilateral talks in Canada. The two leaders African Continental Free Trade agreed to strengthen the deep- Area Comes into Effect rooted historical and cordial The agreement establishing the ties between Kenya and Ghana. African Continental Free Trade They further acknowledged Area (AfCFTA) entered into the role Nairobi and Accra play force on 20th May 2019 after in the promotion of stability, the 22-country threshold was peace and security in their attained on 29th April 2019 respective sub-regions. The when Sierra Leone and the two leaders also agreed to Saharawi Republic (contested work together to ensure the Western Sahara territory) BILATERAL ENGAGEMENT two countries benefit from the deposited their instruments Canada: President Uhuru Africa Continental Free Trade of ratification with the African Kenyatta held bilateral talks Area (AfCTA) especially in trade Union Commission (AUC) with Canada’s Prime Minister, and people-to-people ties. Chairperson. Zimbabwe and Justin Trudeau, when he Burkina Faso also deposited attended the Women Deliver Yemen: On 30th May 2019, their ratification instruments 2019 Conference in Vancouver, President Kenyatta held bilateral with the depositary in May Canada on 3rd – 6th June 2019. talks with Yemeni Prime 2019. The AfCFTA’s operational The two leaders discussed a Minister, Dr Maeen Abdulmalik phase is expected to be number of topics including Saeed. The talks focused on launched during the AU summit the importance of small and various issues including the in Niamey, Niger on 7th July medium-sized enterprises as issuance of visas to Yemeni 2019. A fully implemented engines of growth, the May citizens visiting Kenya, peace AfCFTA agreement has the 2019 Education of Girls and and security in the Middle East potential of driving economic Women in Conflict and Post- region and Kenya’s candidature integration, boosting intra- conflict Situations in Africa for a non-permanent seat at African trade and spurring Conference, hosted by the the United Nations Security investment within Africa. A Government of Kenya the Council. Yemen descended into more integrated Africa will Forum for African Women civil war in 2015. The ongoing also have a bargaining power Educationalists (FAWE) with conflict has sucked in several when negotiating with bigger support of the Government Gulf countries either supporting powers including the US, China, of Canada which resulted in a the government or the rebels. Russia, India, Brazil, European Nairobi Call to Action. During Due to Yemen’s proximity to 34 the Horn of Africa, there has leaders also witnessed the urbanization and human been concern that a protracted signing of several agreements settlements. The new structure armed conflict in Yemen could including the Double Taxation is intended to transform UN- have ramification to peace and Avoidance Agreement (DTAA); Habitat’s governance, provide security to the Horn and greater an Investment Promotion and oversight and enhance its Eastern African region. Protection Agreement (IPPA); efficiency and effectiveness in United States: The inaugural and an MoU on Cooperation delivering its mandate. Bilateral Strategic Dialogue for the Development of Special (BSD) between Kenya and US Economic Zones (SEZs) and The G20 comprises 19 countries was held in Washington D.C. on Export Processing Zone in including the US, China, Russia, 7th – 8th May 2019. The BSD Kenya; an MoU in the field of India, Japan, Germany, Britain, arrangement elevates Kenya- Tourism; an MoU in the field of France, Canada, Indonesia, US relations to a Strategic Higher Education and Scientific Brazil, Argentina, Mexico, South Korea, Turkey, Italy, Partnership. Kenya’s delegation Research and an MoU in the South Africa, Saudi Arabia, was led by Cabinet Secretary field of Arts and Culture. The Australia and the European for Foreign Affairs, Ambassador President noted that Kenya is Union. The eight (8) themes Monica Juma. bound to benefit enormously discussed by the G20 leaders The BSD is based on four pillars, from enhanced bilateral to ensure global sustainable namely Economic Prosperity, cooperation between the two development included global Trade and Investment; Defence countries. economy, trade and investment, Cooperation; Democracy innovation, environment and and Governance; and MULTILATERAL ENGAGEMENTS energy, employment, women’s Multilateral and Regional empowerment, development Issues. The BSD seeks to boost First session of UN-Habitat and health. During the meeting, trade and investment ties, Assembly held in Nairobi the world leaders reiterated enhance security and defence their commitment to free, fair, cooperation, promote good The UN Human Settlements non-discriminatory, transparent, governance and multilateral Programme (UN-Habitat) held stable and predictable trade cooperation between Nairobi its first session of the UN- and investment environment. and Washington on global Habitat Assembly at UN-Habitat Similarly, the leaders reaffirmed affairs. Two significant headquarters in Nairobi on their commitment to open and documents signed in 27th–31st May 2019 under resilient financial system. They Washington D.C. include BSD the theme: “Innovation for also restated their commitment framework document and the Better Quality of Life in Cities to full implementation of the Joint Country and Action Plan. and Communities.” During the Paris Agreement on climate first session, the Assembly change by looking into a wide unveiled the new structure of range of clean technologies Mauritius: The bilateral ties and approaches including between Nairobi and Port Louis the UN-Habitat; established the Executive Board and elected its smart cities, ecosystem and got a boost during President 38 members; and reviewed and community-based approaches, Kenyatta’s visit to Mauritius on approved its Strategic Plan 2020- nature-based solutions and 9th -12th April 2019. During 2025. Speaking when he officially traditional and indigenous the talks between President opened the inaugural session, knowledge. On the sidelines of Kenyatta and Mauritius’ Prime President Kenyatta welcomed the summit, US President Donald Minister, Pravind Jugnauth, the restructuring on the UN- Trump and Chinese President Port Louis lifted the ban on Habitat and called on new organs Xi Jinping agreed to restart Kenyan farm produce including established to re-engineer the talks to resolve trade tensions avocados, baby carrots, baby UN-Habitat to deliver on its core between the two largest world beans and broccoli. The two mandate of ensuring sustainable economies. 35 Canada hosts Women Deliver GLOBAL NEWS US-China Trade Wars Adversely Conference 2019 Affect Global Economy China hosts Second Belt and The US launched a trade war Road Forum against China in 2018 accusing The Second Belt and Road Forum Beijing of unfair trading practices for International Cooperation that include economic policies was held in Beijing, China on that unfairly favour Chinese 25th -27th April 2019. The domestic companies through Women Deliver Conference theme of the second BRF was subsidies. Other issues the US is held every three years. The “Belt and Road Cooperation, has accused China on include 2019 Conference was held from Shaping a Brighter Shared currency manipulation, illicit 3rd-6th June 2019 in Vancouver Future” aimed at the promotion intellectual property transfers, Canada. It brings together of high quality development industrial policy, import duties people including world leaders, of Belt and Road cooperation. and Chinese firms’ violations advocates and academics across The forum was attended by of US sanctions on third a multitude of sectors and Heads of State and Government countries. The US has also been cultures focusing on gender from over 36 countries with concerned about trade deficit equality, health and rights. Southeast Asia, Central Africa and has therefore been calling President Kenyatta, during a and Europe well represented. on Beijing to buy more goods high-level panel discussion of Africa had five Heads of State/ from Washington. Trade war the opening of the Conference, Government including President commenced with US imposing observed that women should Uhuru Kenyatta (Kenya), tariffs on US$ 250 billion worth be given equal opportunities Prime Minister Abiy Ahmed of Chinese products last year. of authority as men as they Ali (Ethiopia), President Abdel Beijing retaliated with duties are capable to deliver in equal Fattah el-Sisi (Egypt), President on US$ 110 billion worth of measure. He emphasized Ismail Omar Guelleh (Djibouti) American products. Efforts to that society should create and President Filipe Nyusi resolve the trade war have been an enabling environment for (Mozambique). During the fruitless. Since the year began, women to exercise authority to meeting, leaders acknowledged Washington has imposed other exploit their skills and talents progress made in the Belt and duties on Chinese products for the common good of their Road cooperation especially in entering the US market. The communities. President Kenyatta areas including development trade war between the two noted that cultural and religious policy synergy, increased biggest economic powerhouses barriers and stereotypes have infrastructure investment, has been a source of uncertainty impeded women from realizing economic corridors, economic for financial market since the their potential in leadership. and trade cooperation zones, beginning of the tension in The President, however, industrial parks, finance and the past year. Moreover, the enumerated the progress made trade cooperation, innovation uncertainty impacts negatively in gender equality initiatives and technology, maritime on investor confidence. The under his presidency. During cooperation, business-to- International Monetary Fund the conference, Prime Minister business ties, people-to-people contends that the escalation Justine Trudeau indicated that and cultural exchange. Kenya of trade war has significantly the Government of Canada stands to benefit enormously contributed to weakened global committed US$ 1.4 billion from the Belt and Road Initiative expansion. annually starting 2030 for ten due to the country’s geopolitical years to support women and and strategic location and girls’ health globally with US$ influence in the region. 700 million dedicated to sexual and reproductive health rights. 36 Japan Hosts the 14th G20 Meeting Korea, Turkey, Italy, South Africa, resilient financial system. They Saudi Arabia, Australia and the also restated their commitment European Union. The eight (8) to full implementation of the themes discussed by the G20 Paris Agreement on climate leaders to ensure global sustainable change by looking into a wide development included global range of clean technologies and economy, trade and investment, approaches including smart cities, innovation, environment and ecosystem and community-based energy, employment, women’s approaches, nature-based solutions empowerment, development and traditional and indigenous and health. During the meeting, knowledge. On the sidelines of The 2019 G20 summit was held the world leaders reiterated the summit, US President Donald in Osaka, Japan from 28th-29th their commitment to free, fair, Trump and Chinese President Xi June 2019. The G20 comprises 19 non-discriminatory, transparent, Jinping agreed to restart talks to countries including the US, China, stable and predictable trade resolve trade tensions between the Russia, India, Japan, Germany, and investment environment. two largest world economies. Britain, France, Canada, Indonesia, Similarly, the leaders reaffirmed Brazil, Argentina, Mexico, South their commitment to open and Some of the world leaders at the Osaka 2019 G20 meeting 37 CURRENT KIPPRA RESEARCH PROJECTS Baseline Survey on Access to Agricultural Finance The key rationale for the study was the recognition that by Women in Kenya building awareness and engaging all local stakeholders at both the national and county levels on the Kenya KIPPRA, in collaboration with the Agricultural Finance Vision 2030 and SDGs is a critical initial and ongoing Corporation (AFC), is undertaking a National Baseline step in successful implementation. Beyond awareness, Survey aimed at understanding access to agricultural a similar level of understanding among governmental finance by women in Kenya. The survey emanates from and non-governmental stakeholders is important. the recognition of the important role played by women in This means reaching out to all levels and sectors with Kenya’s agriculture sector and their vital role in ensuring information tailored to their specific functions, roles family food security. The survey will be guided by various and responsibilities. The study is designed to provide objectives, among them to establish the status of access policy makers with appropriate policy recommendations to agricultural finance by women in the country, to assess at county and national level towards promotion of the level of awareness of different agri-finance channels knowledge, attitude and awareness creation on SDGs among women and evaluating the needs, constraints, among the members of the public in Kenya. priorities and the level of satisfaction in agri-financing among women in Kenya. The baseline data will facilitate KTMM Supply-Side Macro modeling monitoring of impact and transformational development for women funded projects under Women Affirmative KIPPRA is collaborating with Statistics Norway (SSB) to Access Window (WAAW), and the finalization of the develop a Supply-side Macroeconomic model toolkit for Women Economic Empowerment Draft Strategy by the Kenya, encompassing different economic sectors including State Department of Gender Affairs (SDGA). The ultimate the petroleum sector and the blue economy. This is part output will inform the government’s development agenda of the wider Oil for Development (OfD) programme of increased agricultural productivity, boosting food and that has been ongoing since 2014 between the Kenyan nutrition security. government (represented by Ministry of Energy) and Norwegian government institutions (Represented by Cost of Hunger in Africa (COHA) Study the Ministry of Petroleum – Norway). The programme is based on a multi-sectoral approach involving several KIPPRA in collaboration with the National Treasury Kenyan government institutions including the Ministry of and Planning, the Ministry of Health, and the Ministry Energy, its state department and agencies, The National of Education, supported by UNICEF and WFP are Treasury and Planning, Kenya Revenue Authority (KRA), undertaking a study on the cost of hunger in Kenya. The Central Bank of Kenya (CBK), Kenya National Bureau study follows a series of training sessions supported by of Statistics (KNBS), Kenya Institute for Public Policy the National Treasury and the World Food Programme. Research and Analysis (KIPPRA), Ministry of Environment The study is expected to provide a measure of the effects and Natural Resources, among others. A programme of child undernutrition on health, education, and labour document between Kenyan and Norwegian governments productivity. In an expected analysis of various scenario, is finalized but yet to be signed by both Governments, the study will estimate the cost of achieving the objectives meant to allow the complete roll-out of the programme. spelt out in the SDGs on elimination of hunger. The report is scheduled to be completed and launched by the end of For KIPPRA, the key objective of this collaboration is to September 2019 and will be useful in leveraging support establish modelling tools that meet the requirements for appropriate investments in nutrition, especially for for the supply-side of the Kenyan economy. This will children, and will provide further research/policy evidence help to introduce supply side equations for production for food security, which is one of the four components of factors (mainly labor, capital stock and productivity) to the “Big Four” agenda. simultaneously determine the value added by industry/ sectors and the demand side components anchored in the Assessing Awareness of Sustainable Development existing KIPPRA-Treasury Macro Model (KTMM). When Goals complete, the model will provide accurate forecasting The State Department for Planning commissioned a for the Kenyan economy and agility in providing sectoral study to assess the level of awareness, knowledge of, and forecasts and estimates which are integral in macro-fiscal attitudes towards the SDGs among members of the public policy space. in Kenya. KIPPRA partnered with the State Department in the study carried out in all the 47 counties of Kenya. 38 KIPPRA NEWS AND EVENTS KIPPRA hosts its 2nd Annual Regional Conference in enshrining the gender aspect in key development policies, especially during design and implementation of the “Big Four” agenda of food security, affordable housing, manufacturing, and universal health care. Participants expressed concerned over the lack of political goodwill to ensure compliance with constitutional requirements on gender equality. It was also noted that gender-centred interventions suffer from inadequate resources. Further, there are no clear and coordinated mechanisms for collecting Delegates at the 2nd KIPPRA Annual Regional Conference in Mombasa gender disaggregated data, thus making policy making KIPPRA successfully hosted the 2nd KIPPRA Annual ineffective. The participants noted that much more Regional Conference between 11th and13th June needs to be done for the country to achieve the goal 2019 in Mombasa, Kenya. This was achieved with the of gender equality as envisaged in the Sustainable support of strategic partners including the Government Development Goal No. 5 and other related SDG goals. of Kenya. The conference was themed: “A gendered approach to unlocking the potential for sustainable The conference noted that it is critical that stakeholders development.” The objective of the conference was recognize the family as an important space for creating to provide a forum for policy makers, implementers, gender equality awareness and for promoting gender development partners, citizens, data producers and equality and women empowerment conversation. data users to discuss the development agenda from a Participants called for effective funding and capacity gender perspective with a view to identifying gender for the State Department of Gender Affairs and gaps, seeking solutions, and unlocking the potential the National Gender and Equality Commission for sustainable development. The conference had (NGEC) to enable the two institutions to efficiently seven overarching themes, namely: understanding discharge their role regarding promoting gender the policies, legislative, regulatory and administrative mainstreaming in the country. It was resolved that frameworks that support a gendered ap¬proach Gender mainstreaming should be given prominence to development; adopting a gendered approach in in the National Gender Policy (currently under review) achieving the objectives of the “Big Four” agenda; so that Ministries, Departments and Agencies of both Data and gender statistics; Gender-based violence, National and County governments incorporate gender FGM, early and forced marriages; Promoting mainstreaming in their development plans. gender equality in leadership and decision making; KIPPRA made the commitment to ensure that Inequalities in labour market including unpaid care, the issues raised during the conference would be wage disparities, and women/men in male/female communicated with the relevant agencies identified dominated areas; and gender dynamics in institutions in the various sessions. The Institute also committed of higher learning and persons with disability. The to follow up on the actions proposed during the conference format included a mix of presentations, conference and to annually report on progress made panel discussions, breakaway sessions, interactive towards implementation. sessions, student side-events, keynote addresses, exhibitions and sharing of life stories and experiences. KIPPRA Holds a Validation Workshop on Improving The conference noted that although there are Productivity of the Informal Sector in Kenya a plethora of policies, laws, regulations and On 18th June 2019, KIPPRA hosted a validation administrative practices addressing gender issues, workshop for a study titled Improving productivity there is need to cover more miles to achieve impact of the informal sector in Kenya: Bridging the gaps. 39 The objective of the workshop was to present the from the National Treasury, Office of Auditor General, findings of the study for validation and input of Office of Controller of Budget, Commission of Revenue stakeholders towards enriching the research. The Allocation, Kenya Revenue Authority, Council of study was conducted by KIPPRA Young Professionals Governors Secretariat, Kenya School of Government for the year 2018/19. It aimed to explore possible and PFMR Secretariat. The broad objective of PEFA ways of strengthening the productivity of the informal assessment is to facilitate entry points for reforms in sector through evidence-based solutions. It also the public service management systems of counties sought to determine if there is need for enterprises to strengthen fiscal discipline, strategic allocation of to formalize. Stakeholders pointed out that the study resources and efficiency and effectiveness of service should identify the gains of informality vis-a-vis the delivery. challenges and identify the reasons for informality. It was noted that the study should include new Stakeholders’ Validation Workshop for a National strategies adopted by the informal sector operators Strategy on the Coordination of Kenya’s MSE Sector to overcome shocks. It was concluded that regulatory The Institute on 21st May 2019, in collaboration with and institutional overlaps in the informal sector and Micro and Small Enterprise Authority (MSEA), held a ways of addressing the overlaps should be identified national stakeholders’ validation workshop aimed at in the study. sharing the draft coordination strategy of the MSE sector with stakeholders for their input. The workshop Stakeholder Workshop on Assessing the Efficacy of further presented an opportunity for participants to Anti-corruption Strategies in Kenya deliberate on the findings from analysis undertaken On Wednesday 29th May 2019, KIPPRA held by the Institute on stakeholders implementing MSE a stakeholders’ workshop in Nairobi to share activities and programmes in Kenya, and review preliminary findings from the paper on “What works, effective evidence-based coordination mechanisms in what doesn’t and why: Assessing the efficacy of anti- different countries. The workshop brought together corruption strategies in Kenya”. The objectives of the key stakeholders from public and private sectors workshop were to elicit contributions from key anti- through respective business and MSE associations corruption stakeholders in Kenya. The study sought around the country and development partners. to provide a comprehensive, evidence-based analysis of the initiatives Kenya has undertaken from pre- Stakeholders’ Validation Workshop for the KIPPRA independence to date in addressing the challenge of Study on Gender and Development corruption. Valuable and positive feedback was given by participants, including the need to interrogate the occurrence of corruption within the private/corporate sector. KIPPRA committed to ensure it proceeds to the second phase of the study, which will consist of deeper institutional analysis and key informant interviews. On 6th May 2019, KIPPRA held a validation workshop PEFA Dissemination Workshops Held in Six Counties for the KIPPRA study on gender and development KIPPRA held PEFA dissemination workshops in titled “A gendered approach to unlocking the Baringo, Kajiado, Kakamega, Makueni, Nakuru and potential for sustainable development in Kenya.” The West Pokot counties between 21st and 28th May objective of the workshop was to present research 2019. The objective of the Public Expenditure and findings for discussion and input by stakeholders, Financial Accountability (PEFA) dissemination in and to discuss policy implications and perspectives. the six devolved units was to share the findings KIPPRA presented nine (9) papers in the following of the PEFA assessment with county officials. The research areas: Gender, policies, laws, regulations PEFA assessment was conducted in the six counties and administrative practices; Gender, sexual violence between 27th March and 13th April 2017. During the and education; Gender wage gap; Gender and food dissemination workshops, PEFA county reports were security; Gender, entrepreneurship and access to distributed to county officials after presentations by affirmative action funds; Gender and trade; Gender, the PEFA assessors, including KIPPRA staff, officers poverty and access to water and energy; Gender 40 leadership and decision making; and Gender and from the private sector and the solutions proposed health. Stakeholders gave important feedback that through South-South Cooperation to effectively will be applied in finalizing the research papers. A succeed in implementing policies and programmes. book will be published in 2019 to further disseminate It was also recognized that African think tanks, if the findings and knowledge. given more support in view of their role in shaping policy and public life, have a key role to play in KIPPRA co-hosts a Three-day Africa Think Tank contributing towards tackling policies and programme Summit with ACBF implementation issues. Among other resolutions, the summit called upon ACBF, as the specialized agency of the African Union for capacity development, to coordinate the development of a capacity development programme on implementation of policies and programmes in Africa. Dissemination Workshop on Including Women and Youth in Business and Entrepreneurship On 10th April 2019, KIPPRA held a dissemination workshop in Nairobi to share outputs from the research project on Economic Inclusion of Youth and Women through Inclusive Entrepreneurship in The Africa Capacity Building Foundation (ACBF) in Kenya, Ivory Coast and Burkina Faso. The workshop collaboration with the Government of themed “Pathways to inclusion: Creating inclusive Kenya and KIPPRA hosted the 6th African Think Tank businesses and markets for the future” was meant Summit between 24th and 26th April 2019 in Nairobi. to disseminate preliminary findings of the ongoing The theme of the summit was “Tackling implementation research project. The project, which is funded by challenges for Africa’s sustainable development.” The Canada’s International Development Research Centre summit, which attracted government and think tank (IDRC), is conducted by KIPPRA in collaboration with representatives from more than 50 African states, Economic Policy Analysis Unit of CIRES (CAPEC) of was officially launched by the Treasury and Planning Cote D’Ivoire and Laboratory of Quantitative Analysis Cabinet Secretary, Henry Rotich. Applies to Development – SAHEL (LAQAD-S) of Burkina There was consensus that African countries, regional Faso. The preliminary findings were presented by economic communities (RECs) and continental bodies PhD students and assistant researchers from the have many well-crafted policies and programmes, but three institutions, including Hannah Wang’ombe and most are not effectively implemented. The key issues Juliana Mbithi from KIPPRA. The main objective of highlighted in the various sessions of the summit the study was to establish inclusive business practices were in terms of necessity of capacities at the policy in the three countries and evaluate the impact on design, front-line implementers, and resource levels youth employment, women empowerment and and coordination at the local, national, regional and firm’s performance. The findings from this study are continental levels. African governments were urged essential in informing policy and present interesting to pay attention to issues such as the lessons learned lessons for the private sector. 41 KIPPRA EVENTS IN PICTURES Delegates pose for a photo at KICC during the 6th Africa Think Tank Summit A session during the 6th Africa Think Tank Summit in Nairobi KIPPRA Executive Director, Dr Rose Ngugi, speaks during the event Treasury and Planning Chief Administrative Secretary, Mr Nelson Gaichuhie, addresses the summit CAPEC Director, Prof. Ahoure Alban, KIPPRA Executive Director, speaks the during the dissemination workshop Dr Rose Ngugi, speaks during the workshop on on including women and youth in business and including women and youth in business and entrepreneurship entrepreneurship A participant makes a comment during the plenary session Anti-FGM advocate Mrs Linah Jebii Former MP Ms Gender Affairs PS Likoni Supreme Court Judge Kilimo explains Martha Karua Hon. Safina MP Mishi Lady Justice the harmful physical, was part of the Kwekwe Mboko Njoki Ndung’u was a psychological panel on was the chief guest speaks at panelist in the and economic gender-related during the the gender-related policies effects of FGM policies and laws conference conference. and laws session 42 Nominated Senator Hon. Dr Agnes Zani and Nairobi County Women Rep Delegates at the 2nd KIPPRA Annual Regional Conference in Mombasa Delegates at the 2nd KIPPRA Annual Hon. Esther Passaris at the conference Regional Conference in Mombasa KIPPRA Policy Analyst KIPPRA Policy Analyst KIPPRA Policy Analyst Mr Andrew Olando makes a Mr Paul Lutta makes Mr Rogers Musamali presentation at the stakeholder a presentation at the makes a presentation at workshop for assessing the stakeholder workshop for the validation workshop efficiency of anti corruption assessing the efficiency of anti for a national strategy on A section of participants during the stakeholder workshop strategies in Kenya corruption strategies in Kenya the coordination of Kenya’s Informal Sector KIPPRA Young Professional Mr Kenneth Malot KIPPRA Young Professional Ms Everlyne Njuguna makes a presentation during the validation workshop makes a presentation during the validation workshop KIPPRA Young Professionals conduct a stakeholder validation workshop on improving productivity of the informal sector in Kenya 43