Policy Monitor Supporting Sustainable DevTehlionpkminegn Pt othlicroy uTgohg eRtehserarch and Capacity Building ISSUE 12 No. 4 April - June 2021 OPPORTUNITIES AND BUILCDHINAGL LBEANCKGE FSO RU NRDEECRO VERY: PEDRESVPOELCVTEIDV ESSY SOTNEM H EOAFL TH EQUITYG, ODVIGEIRTNAML ETNRTADE AND ADMINISTRATION OF JUSTICE Issue 12, No. 4 | Apr - Jun 2021 1 Contents POLICY Monitor EDITORIAL TEAM 1. Charity Mbaka 2. Hellen Chemnyongoi 3. Jane Kenda 4. Mutuku Muleli 4 Recent Economic Developments 5. Nahashon Mwongera 6. Rogers Musamali 11 Prioritizing Health Equity in BuildingCONTRIBUTORS Back Better during the COVID-19 Pandemic 1. Cecilia Naeku 2. Daniel Omanyo 3. Douglas Kivoi Closing the Digital Divide in Trade 4. Eldah Onsomu 17 to Build Economic Resilience during 5. Grace Muriithi COVID-19 and Beyond 6. Jacob Nato 7. James Ochieng' 8. Kenneth Malot 9. Martin Wafula 10. Maureen Wanyonyi 11. Miriam Mwiti 12. Caroline Mukiira 13. Jane Mugambi 14. John Karanja 15. Mohamednur Duba DESIGN & LAYOUT Pixellent Creatives Ltd VISION An international centre of excellence in public policy research and analysis 22 Administration of Justice in the Face of COVID-19 MISSION To provide quality public policy advice to the Government of Kenya by conducting KIPPRA News objective research and analysis and 39 through capacity building in order to contribute to the achievement of national development goals 2 Apr - Jun 2021 |Issue 12, No.4 Editorial Welcome to the KIPPRA Policy the Kenyan Think Tanks Symposium whose Monitor, the April-June 2021 edition. objective was to deliberate on the thinks The theme of this issue is “Building tanks’ role in supporting recovery from Back for Recovery: Perspectives on Health COVID-19; the signing of a Memorandum Equity, Digital Trade and Administration of of Understanding between KIPPRA and the Justice”. The edition focuses on three articles: National Land Commission on mutual areas Prioritizing health equity in building back of collaboration; and the 4th KIPPRA Annual better during the COVID-19 pandemic; Closing Regional Conference. the digital divide in trade to build economic resilience during COVID-19 and beyond; Finally, the Policy Monitor provides key and Administration of justice in the face of highlights of policy news and legislative COVID-19: Trends and lessons. developments, and upcoming events. Further, the Policy Monitor provides key On behalf of the KIPPRA family, we hope highlights on recent economic developments you will be greatly informed as you read this and various activities and events undertaken fourth edition. by the Institute during the fourth quarter. Among the key activities highlighted include Issue 12, No. 4 | Apr - Jun 2021 3 Recent Economic Developments By James Ochieng, Daniel Omanyo and Jacob Nato This article analyses the country’s recent construction, exports, manufacturing, and economic developments with a focus on education supported the recovery of economic four key areas: the growth of economic performance in the country. According to the activities, monetary and financial policy, fiscal Central Bank of Kenya (CBK) January 2021 developments and the external sector. Monetary Policy Committee Private Sector Market Perceptions Survey, the reopening of stalled Growth of Economic Activities business operation coupled with the economic The growth of the economy in the third quarter stimulus programme support were highlighted of 2020 was adversely affected by the COVID-19 as some of the reasons people have a positive pandemic. The growth rate recorded was a outlook of the economy in the fourth quarter. The negative 1.1 per cent. Therefore, for 2021/22, the resumption of economic activities is expected to budget statement estimated growth for the year lead to increased re-engagement of employees. at 0.6 per cent. The contraction for the third In terms of business conditions for private sector quarter was, however, lower than the second perceptions about the economy, the Purchasing quarter’s, which was at negative 5.5 per cent, Manager’s Index (PMI) for Kenya, published by signifying some recovery from the pandemic. Stanbic Bank, showed an improvement in business However, Kenya has done well in containing conditions given that the PMI for June was 51, and avoiding large infections of COVID-19. As a which is above the recommended score of 50. result, increase in economic activities is expected However, the score was relatively lower than the due to the resilient recovery of some sectors May score of 52.5. and the resumption of academic activities in all learning institutions. Sectors such as agriculture, 4 Apr - Jun 2021 |Issue 12, No.4 image: Freepik.com The hospitality and accommodation sector of 2021. There is, however, a ray of hope as data witnessed an enhancement of economic activity from Stanbic’s PMI for June 2021 showed that as 97 per cent of hotels participating in the CBK’s there has been a marginal rise in employment as survey of hotels and flower farms reported to backlogs creep up. be in operation. Average bed occupancy also improved to 27 per cent in March 2021, from The overall inflation rate for June 2021 was 6.32 26 per cent in February 2021, and 24 per cent in per cent, as measured by the Consumer Price January 2021. The bed occupancy rates were Index (CPI), up from the 5.8 per cent average that higher in Mombasa at 35 per cent. Furthermore, was recorded during the period January to March the average hotel forward bookings for April, May 2021. The average inflation rate for January to and June were 16.0 per cent, 10.7 per cent and March 2020 was 6.0 per cent, and 5.2 per cent in 9.5 per cent, respectively. Participating flower October-December 2020. The inflation during the farms have fully resumed business operation, January-June 2021 maintained an increasing trend and flower exports were close to pre-COVID-19 as shown in Figure 1, largely driven by rise in food levels. The agricultural sector continued to enjoy and fuel inflation owing to increasing demands good weather conditions, and as a result reported (food items and travels across the country) after positive growth rates in quarter three. There are the festive season. Even though food inflation positive prospects for the economy mainly due declined from 7.4 per cent in January 2021 to 6.9 to the return of business confidence and the in February and further to 6.7 per cent in March, resumption of international travel. it averaged a decrease of 7.0 per cent down from 7.2 per cent in December 2020 and 6.1 per cent in The volume of horticulture exports excelled as November 2020. The overall rise in food inflation it grew by 27.7 per cent in 2020. Data from the between December and January was attributed Central Bank of Kenya shows that horticultural to the net effect of an increase in prices of several exports rose from Ksh 30.3 billion to Ksh 39.4 food items, which outweighed decreases in the billion between March 2020 and March 2021, prices of others. This was largely explained by representing a 30 per cent growth. The growth the high demand experienced in December and in horticultural exports can be attributed to January due to festivities and normalization of resumption of demand in international markets and business operations. Among the most notable the availability of adequate cargo space. Tourism movers in key food items included cooking oil also improved, with the total number of visitors salad with 10.4 per cent increase in price between arriving through Jomo Kenyatta International December 2020 and January 2021, and 3.9 per cent Airport (JKIA) and Moi International Airport (MIA) between January and February 2021 and cabbages increasing from 31,875 persons in November 2020 that increased by 3.4 per cent and 4.4 per cent to 47,406 persons in December 2020. According during the same period. The rising food prices to the International Tourism Performance Report, weigh on households’ incomes and consumption tourist arrivals in Kenya reached 305,635 persons patterns due to reduced households’ incomes between January and June 2021, of which 96,003 following the adverse effects of the COVID-19 were females and 209,632 were males. Of these, pandemic. Going forward, it is imperative for the 218,992 arrivals were through JKIA and 16,054 Government to continue implementing policy through MIA. measures to improve food provision, support the agriculture sector and provide cash transfers to Disruptions in economic activities caused by the poor. COVID-19 pandemic have continued to keep unemployment relatively high. The Kenya National Fuel inflation also continued to rise, averaging Bureau of Statistics (KNBS) Quarterly Labour Force 13.9 per cent in January and March 2021 compared Survey shows that there was a 5.2 per cent rise in to an average of 4.9 per cent realized during the unemployment in 2020. The demographic analysis same months of 2020 and 11.5 per cent during shows that individuals aged between 20 and 29 the October-December quarter of 2020. The years continued to suffer the heaviest losses in significant rise was attributed to increase in employment, accounting for approximately 23.9 petrol and diesel prices by 7.6 and 5.7 per cent, per cent of unemployed persons. The rate of respectively, between January and February 2021, unemployment doubled from 5.2 per cent in the leading to an increase in the transport index by an first quarter to 10.4 per cent in the second quarter average of 2.33 per cent in February. The Energy Issue 12, No. 4 | Apr - Jun 2021 5 Figure 1: Inflation rates (January–June 2021) 18 15.8 16 14.8 13.8 14.3 13.5 14 12.1 12 10 8.5 8 7.4 6.9 6.7 6.4 7 5.7 5.8 5.9 5.8 5.9 6.3 6 4 2.4 2.2 2.3 2.4 2.5 2.6 2 0 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Food inflation Fuel inflation Non-food, non-fuel inflation Overall inflation Source of data: Monthly Economic Review 2021; CBK Metadata and Petroleum Regulatory Authority (EPRA), registered during the January-March 2020 period. which sets the fuel prices, pegged the price The increase mainly causes liquidity constraints increase to the higher landing cost of imported among commercial banks, hence affecting the fuel. Average landed cost of importing a cubic availability of credit to citizens. Similarly, yields metre of super petrol, diesel and kerosene rose by on government securities have been stable, 20.9, 13.6 and 14.6 per cent, respectively, between attaining an average rate of 6.96 per cent in the December 2020 and January 2021. The increase in January-March 2021 quarter for the 91-day Treasury fuel prices further increased the cost of living from bill. This reflects an increase of 3 percentage points mid-February, as it not only affected the transport compared to an average of 6.7 per cent attained sector but also the production and supply chain of during the October-December 2020 quarter. goods. The banking sector remained stable and resilient Monetary and Financial Policy with strong liquidity and capital adequacy ratios. Growth in private sector credit averaged 9.7 An accommodative monetary policy stance per cent during the January-March 2021 quarter adopted at the beginning of the pandemic was compared to an average of 8.07 per cent in the maintained. During the CBK’s Monetary Policy October-December 2020 period, representing Committee meeting held on 29th March 2021, an increase in growth of 1.63 per cent. Private the Central Bank Rate (CBR) was retained at sector credit stood at Ksh 2,864 billion in April 7.0 per cent. This is expected to support the 2021, down from Ksh 2,865.2 billion in March 2021. recovery of economic activity while maintaining Therefore, annual growth rate in private sector macroeconomic stability. The interbank rate credit declined from 7.7 per cent in March 2021 averaged 4.70 per cent between April and June to 6.7 per cent in April 2021. Strong credit growth 2021, recording a slight increase from an average was observed in manufacturing (15.8%), transport of 4.9 per cent between January and March 2021. and communications (19.0%), agriculture (13.4%), This was also an increase from an average of 3.7 real estate (8.8%) and consumer durables (20.3%). per cent during the October-December quarter Following the easing of COVID-19 containment of 2020, and a slight increase from 4.3 per cent measures announced on 1st May and the roll-out 6 Apr - Jun 2021 |Issue 12, No.4 Inflation rates (%) of a vaccination programme, it is expected that collection. This was occasioned by slowdown there will be improved economic activity across all in economic activity following the outbreak sectors. of COVID-19 and the partial lockdowns that interrupted demand and supply across economic The banking sector remained resilient despite sectors. the slight increase in the ratio of Non-Performing Loans (NPLs). The ratio of gross NPLs to gross loans The sharp decline in total revenue collection was stood at 14.5 per cent in February 2021 compared mostly pronounced by the slowed performance to an average of 13.8 per cent during the previous of tax revenue, which declined from Ksh 1,215,802 quarter (October-December 2020). The value of million in the third quarter of 2019/20 to Ksh non-performing loans in April 2021 stood at Ksh 1,106,648 million in the same quarter in 2020/21, 438.3 billion, recording an improvement from the representing Ksh 109,154 million or 9.0 per cent January to March quarter where NPLs averaged decline. Ksh 439.5 billion. NPLs rose in sectors such as agriculture, restaurants, and hotels, personal and household, real estate, tourism, and manufacturing. This The overall inflation rate could be attributed to the adverse effects of the “ COVID-19 pandemic on these critical sectors. for June 2021 was 6.32 Restructuring of loans amounting to Ksh 1.7 trillion per cent, as measured was done on 2nd March 2021 to provide relief to by the consumer price borrowers. By the end of February 2021, the total restructured loans amounted to Ksh 569.3 billion, index, up from the 5.8 which is 19 per cent of total gross loans. per cent average that Fiscal Developments was recorded during the At the closure of the third quarter of 2020/21, the cumulative amount of total revenue was Ksh period January to March 1,245,287 million compared to Ksh 1,332,191 million collected over the same period in 2019/20. This 2021. represents a 6.5 per cent decline in total revenue Figure 2: Total revenue performance for third quarter of 2019/20 and 2020/21 1,332,191 1,245,287 1,157,188 1,215,802 1,106,648 1,018,513 138,675 116,388 138,639 Q3 2018/19 Q3 2019/20 Q3 2020/21 Tax Revenue Non-Tax Revenue Total Revenue Data Source: The National Treasury Issue 12, No. 4 | Apr - Jun 2021 7 Total Revenue Ksh. Millions “ Figure 3: Actual third quarter of 2020/21 tax revenues and variance from third quarter of 2019/20 (Ksh million) -24.1% -12.4% 4.2% 1.6% -4.4% 455,287 292,229 162,057 80,135 116,940 Import Duty Excise Tax Income Tax VAT Other Income Data Source: The National Treasury The major tax heads slowed in the third quarter of annulled in January 2021, but this has not resulted 2020/21 compared to the same period in 2019/20, into substantial revenue improvement due to job save for receipts from import duty and excise duty, losses and reduced incomes by corporations. which registered an increase of 4.2 per cent and 1.2 per cent, respectively, as presented in Figure 3. Notwithstanding the removal of tax measures to This was on account of increased importation of cushion firms and households from the negative manufactured and chemical goods, which make effects of COVID-19, both income tax and VAT up intermediate inputs. Other income declined registered shortfalls against the target for the by 24.1 per cent due to reduced collections from period (Figure 4). Income tax fell short by 8.09 rent on land/buildings, fines and forfeitures, other per cent while VAT fell short by 0.04 per cent, taxes, loan interest receipt reimbursements and representing Ksh 40,075 million and Ksh 127 other fund contributions, fees, and miscellaneous million, respectively. Import duty, excise duty and revenue owing to the difficult operating other incomes surpassed their targets by 7.4 per environment posed by the pandemic. cent, 5.6 per cent and 19.1 per cent, respectively, on account of slight opening up of the economy Income tax and VAT suffered a decline of 12.4 and slow recovery, and opening up of international per cent and 4.4 per cent, respectively. This was boundaries due to vaccination abroad, and to on account of the fiscal measures put in place by some extent locally. the Government during the first three waves of COVID-19 contagion that included reduction of The total expenditure during the period under VAT on most goods and services from 16.0 per cent review amounted to Ksh 1,820,682 million to 14.0 per cent; 100 per cent tax relief for persons compared to Ksh 1,644,389 million recorded in earning gross monthly income of up to Ksh 24,000; the same period during 2019/20. The resultant reduction of resident Personal Income Tax Rate increased spending was mainly attributed to (Pay-As-You-Earn) top rate from 30.0 per cent to increased absorption recorded in expenditure by 25.0 per cent; reduction in corporate tax from 30.0 both levels of Government. Recurrent expenditure per cent to 25.0 per cent for residents and reduction amounted to Ksh 416,341 million compared to in turnover tax from 3.0 per cent to 1.0 per cent Ksh 411,664 million in the third quarter of 2019/20 with taxable turnover thresholds increased from (Table 1). an income of between Ksh 1.0 million to Ksh 50.0 million for micro, small and medium enterprises (MSMEs). These measures were, however, 8 Apr - Jun 2021 |Issue 12, No.4 Figure 4: Actual third quarter of 2020/21 tax revenue and variance from target (Ksh million) 19.1% 7.4% 5.6% -8.09% -0.04% 455,287.0 292,229.0 162,057.0 116,940.0 80,135.0 Import Duty Excise Tax Income Tax VAT Other Income Source: The National Treasury The under expenditure in development category 2021, the Kenya Shilling exchanged at an average was mainly due to heightened expenditure of Ksh 107.81 against the dollar compared to an on operations and maintenance, attributed to average of Ksh 107.95 in April 2021, representing up-scaling of operations of the Government in an appreciation rate of 0.13 per cent. However, combating COVID-19 pandemic. Overall, the effects the Kenya Shilling depreciated by 1.43 per cent of the pandemic are clear as the ensuing lockdown, and 0.83 per cent against the Sterling Pound and job losses and slowed economic performance the Euro, respectively, in the same period; that is, have resulted into revenue shortfalls, while the Kenya Shilling exchanged at an average of Ksh efforts to combat the pandemic, such as through 151.45 and 130.07 against the Sterling Pound and social protection transfers, have seen increased Euro, respectively, in June 2021 from an average of expenditure operations. Ksh 149.32 and 129.0, respectively, in April 2021. External Sector The foreign exchange reserves remained adequate and stood at 4.7 months of import cover in April and The Kenya Shilling marginally appreciated against June 2021. The stock of official reserves increased the US dollar between April 2021 and June 2021 by 0.43 per cent between April 2021 and June 2021. but depreciated against other currencies. In June Table1: Recurrent and development expenditure 2019/20 and 2020/21 (Ksh millions) Domestic Foreign Wages & Pensions Other Total County Development Total Interest Interest Salaries Recurrent Transfers expenditure Q3 19/20 193,339 80,050 318,063 50,727 411,664 1,053,843 205,630 384,916 1,644,389 Q3 20/21 286,106 80,183 352,075 82,672 416,341 1,217,376 209,871 369,948 1,820,682 Deviation 92,767 133 34,012 31,945 4,678 163,533 4,241 - 14,968 176,293 % total 19/20 11.8% 4.9% 19.3% 3.1% 25.0% 64.1% 12.5% 23.4% 100.0% % total 20/21 15.7% 4.4% 19.3% 4.5% 22.9% 66.9% 11.5% 20.3% 100.0% Data Source: The National Treasury Issue 12, No. 4 | Apr - Jun 2021 9 a total of US$ 921.0 million in the same quarter of 2021, representing a 22.0 per cent increase. This was mainly driven by increase in remittances from “ North America, which recorded a 35.9 per cent rise from US$ 412.0 million in the second quarter In June 2021, the Kenya of 2020 to US$ 560.0 million in a similar quarter of 2021. Remittances from North America accounted Shilling exchanged for 60.8 per cent of total remittances in the second at an average of Ksh quarter of 2021. Similarly, remittances from Europe grew by 61.6 per cent from US$ 121.4 million in 107.81 against the dollar the second quarter of 2020 to US$ 196.2 million in the same quarter of 2021. The increase was compared to an average driven by easing of various containment measures across Europe. However, during the same period, of Ksh 107.95 in April diaspora remittances from the rest of the world 2021, representing an declined by 25.6 per cent from US$ 221.6 million in the second quarter of 2020 to US$ 164.9 million in appreciation rate of 0.13 a similar quarter in 2021. per cent. The total value of tea and coffee significantly dropped in the month of April 2021 compared to the same period in 2020. The value of tea exports declined by 12.3 per cent from Ksh 13.2 billion in April 2020 to Ksh 11.6 billion in April 2021. Similarly, the value of coffee exports declined by 7.4 per cent The reserves stood at US$ 7,618.0 (4.7 months of from Ksh 2.6 billion in April 2020 to Ksh 2.4 billion in import cover) in April 2021 but increased to US$ April 2021. The decline in the value of tea and coffee 7,651 (4.7 months of import cover) in June 2021. The exports reflects, in part, a decline in the volume of reserves are still within the statutory requirement tea and coffee by 10.4 per cent and 21.3 per cent, of at least four (4) months of import cover and respectively, in the same period. However, the the East African Community’s (EAC) convergence value of horticultural exports recorded a 40.8 per criteria of 4.5 months of import cover. cent growth in the same period under review. This Total diaspora remittances recorded a 22.0 per cent was mainly on account of increased volume of growth year on year in the second quarter of 2021. horticultural exports that grew by 52.6 per cent in Total diaspora remittances increased from a total the same period. US$ 754.9 million in the second quarter of 2020 to New Publications 10 Apr - Jun 2021 |Issue 12, No.4 “ Prioritizing Health Equity in Building Back Better during the COVID-19 Pandemic Miriam Mwiti, Grace Muriithi and Eldah Onsomu Introduction health workers that result in inequity in use of health services. One of the key indicators The Sustainable Development Goal (SDG) in health service delivery is the health facility target 3.8 on Universal Health Coverage density, which primarily is an indicator of (UHC) advocates for equal access to quality access to outpatient services. Another one health services with protection from financial is the hospital bed density, which is used to risk for all. However, the COVID-19 pandemic indicate the availability of inpatient services. has disrupted efforts to attain the stipulated The national health facility density stands at targets across the globe. For Kenya, UHC 2.2 per 10,000 population, slightly above the aligns to Article 43 (1) (a) of the Constitution World Health Organization (WHO) target of 2 of Kenya, which provides that every person per 10,000 (Kenya Health Master Facility List – has the right to the highest attainable KHMFL, 2018). However, as at 2018, 30 per cent standard of health. Similarly, UHC is one of of the counties had a health facility density the key pillars under the “Big Four” agenda. below the global target. Counties below the Although achievement of equity in health and threshold include: Bomet, Bungoma, Busia, access to healthcare have been among the Kakamega, Kisii, Kwale, Mandera, Nairobi, key policy priorities for the Government since Nandi, Narok, Trans Nzoia, Uasin Gishu,Vihiga independence, inequities exist across all levels and Wajir (Figure 5). of the health system. According to the Kenya Demographic and Household Survey (2014), To address the inequities in access to health inequities in access to health care services in rural areas within the counties, the mainly arise from regional disparities, poverty Government adopted the primary healthcare levels, education levels, gender and age. delivery system with community healthcare approach that targets to promote and a) Access to in-patient and out-patient improve equity of access and use of health health services services by those in hard-to-reach areas and At the county level, there are distinct among traditionally under-served groups. disparities in terms of essential health Community Health Workers (CHWs) undertake package, health financing, health facilities and house-to-house visits and link the health facilities with the households. However, the Issue 12, No. 4 | Apr - Jun 2021 11 image: Freepik.com Figure 5: Health facility density per 10,000 population in Kenya 2018 6 5 4 3 2 1 0 Counties Total number of facilities/ 10,000 population Target Source: Kenya Harmonized Health Facility Assessment, 2018 primary care services only include provision Kenya’s average inpatient bed density is at of outpatient services for common health 13.3 beds per 10,000 population, which is conditions, but complex cases are managed below the WHO target of 25 beds per 10,000 at higher levels. The COVID-19 outbreak has population with only Isiolo County attaining brought out the existence of inequities in the the target (Figure 6). provision of mainly the primary healthcare services in the counties. This is because Moreover, disparities in availability of inpatient COVID-19 patients require immediate medical services are evident across counties, with the attention and use of vital equipment such as majority (49%) below the country’s average ventilators, of which the few health facilities bed density. Further, before COVID-19, only 22 in remote areas experienced shortages. The out of 47 counties had at least one Intensive inaccessibility and insufficiency of specialized Care Unit (ICU). To improve equity of access health facilities prompted some counties to and use of inpatient services, the Government use facilities in learning institutions, such as had planned, through UHC targets for Kenya Medical Training Colleges (KMTCs), 2017-2022, to construct 21 additional hospitals high schools and universities as isolation and with surgical theatres, install radiology and COVID-19 management centres. dialysis equipment and construct 10 referral Figure 6: In-patient bed density per 10,000 population in Kenya 2018 35 30 25 20 15 10 5 0 Counties Number of inpatient beds/ 10,000 population Target Average Source: Kenya Harmonized Health Facility Assessment (KHFA) 12 Apr - Jun 2021 |Issue 12, No.4 Facility density '0000 Population In-patient Bed Capacity per ' 0000 Baringo Bomet Baringo Bungoma Bomet Busia Bungoma Elgeyomarakwet Busia Embu Elgeyomarakwet Embu Garissa Garissa Homa Bay Homa Bay Isiolo Isiolo Kajiado Kajiado Kakamega Kakamega Kericho Kericho Kiambu Kiambu Kilifi Kilifi Kirinyaga Kirinyaga Kisii Kisii Kisumu Kisumu Kitui Kitui Kwale Kwale Laikipia Laikipia Lamu Lamu Machakos Machakos Makueni Makueni Mandera Mandera Marsabit Marsabit Meru Meru Migori Migori Mombasa Mombasa Murang’a Nairobi Murang’a Nakuru Nairobi Nandi Nakuru Narok Nandi Nyamira Narok Nyandarua Nyamira Nyeri Nyandarua Samburu Nyeri Siaya Samburu Taitataveta Siaya Tanariver Taitataveta Tharakanithi Transnzoia Tanariver Turkana Tharakanithi Uasingishu Transnzoia Vihiga Turkana Wajir Uasingishu Westpokot Vihiga Wajir Westpokot hospitals. However, the plans were halted because of the COVID-19 outbreak. The pandemic further aggravated the existing inequities in access to inpatient services as it caused an acute increase in demand Kenya’s average inpatient for hospital bed, leading to a substantial “bed density is at 13.3 beds variation in surge across counties. The rising need to increase the bed density in health per 10,000 population, facilities necessitated immediate intervention measures by both the counties and the which is below the National Government. However, though there has been an increase in bed capacity WHO target of 25 beds in all the 47 counties, including new and per 10,000 population increased investments in High Dependency Units (HDUs) and Intensive Care Units (ICUs), with only Isiolo County there was constrained oxygen supply for the new hospital beds. attaining the target b) Health financing at household level The poor and the vulnerable in communities 930 million people worldwide are at risk of are likely to suffer the health financial burden falling into poverty due to out-of-pocket than the well off in the society. Poverty health spending of 10 per cent or more of reduces the probability of an individual visiting their household budget. a health care provider. The price of obtaining health care includes the direct price paid for In Kenya, the Government’s health allocation, treatment and indirect prices such as travel which is an average of 6.5 per cent of the costs and opportunity costs. A shortage of annual budget in 2020/21, falls short of the health budget allocation leads to households Abuja Declaration on African countries’ incurring out-of-pocket expenditure to access commitment to allocate 15 per cent of the health services. According to the National total annual budgets on the health sector. Health Insurance Fund (NHIF, 2020), only 19 The General Government Health Expenditure per cent of Kenyans have a health insurance (GGHE) as a proportion of GDP is at 2 per cover, leaving out most of the population cent, which is also less than half of the WHO (81%) without any form of health cover. recommended threshold of 5 per cent. The Therefore, most Kenyans access health care National Government health expenditure through out-of-pocket payments, which per capita increased from Ksh 928 in 2005 means that many of them will avoid going to Ksh 3,531 in 2019, which is way below the to the hospital unless they are in advanced recommended Ksh 9,288. As a result of low stages of the disease. The COVID-19 pandemic Government investment in health, some of exacerbated the problem of out-of-pocket the immediate effects are increased burden expenditure because of loss of income and of health expenditure on households through livelihoods due to loss of jobs and businesses. increased out-of-pocket expenditure, pushing Initially, insurance covers were not offsetting many into impoverishment, more so the poor any COVID-19-related costs and expenses and vulnerable groups. for members and dependents. Therefore, there was an increase in direct and indirect Nonetheless, these expenditures have been out-of-pocket health expenditures during reducing in Kenya as a share of total health the pandemic by households affected by financing budget. This may be attributed COVID-19 due to the initial cost associated with to the various Government interventions household testing, isolation and containment to reduce health inequities associated with measures. According to WHO (2021), about financial hardships among the poor and the Issue 12, No. 4 | Apr - Jun 2021 13 “ Figure 7: Sources of funds for health financing in Kenya 100 9.9 11.4 13.4 15.5 80 17.3 29.2 20.0 17.8 60 44.9 29.2 24.0 40 31.5 20 37.4 42.7 27.9 27.9 0 2005/06 2009/10 2014/15 2019/20 Financial Year Government Out of Pocket External funding Others Source: Kenya Community Health Strategy (2020-2025) vulnerable, such as the introduction of free way in reducing out-of-pocket expenditures, maternity services and removal of user fees hence eliminating health finance-related in primary health facilities and dispensaries in inequities. 2013; the Linda Mama Programme, which is a health insurance cover for expectant mothers c) Number and distribution of health and their newborn children with no other workforce form of insurance. Others include the Health The national core health workforce density is Insurance Subsidy Programme (HISP) for the at 16 per 10,000 population, which is below poor, which was introduced in 2014 to improve the WHO set target of 23 per 10,000. This access to health (inpatient and outpatient) and indicates a shortage in the health workforce protection from financial risk to the poorest that has considerably constrained the households and the EduAfya, which is a free achievement of sustainable and equitable and comprehensive health cover for all public health systems that help to improve health secondary school students. A major challenge outcomes. The imbalances are dire at the for the Government has been the continued county level where the health workforce user fees charges at primary healthcare density for most (87%) of the counties is facilities despite the abolition. This undermines below the set target of 23 health workers the Government’s efforts of reducing the per 10,000 population (KHFA, 2019). Only six financial burden on households. In terms of counties (Kajiado, Lamu, Tharaka Nithi, Nyeri, successes, these programmes have reduced Uasin Gishu and Nairobi) have surpassed the some of the financial barriers to health and global target. This shortage has affected the improved access to health services, which the available health workers within the counties, poor would have previously gone without due hence compromising the delivery of health to inability to pay. With the outbreak of the services in these regions. pandemic, budgetary interventions helped reduce the out-of-pocket expenditure related Further, the distribution of skilled health to COVID-19, with the Government offering workers as per the area of residence is free/subsidized testing and isolation services disproportionate, with most of the highly in most public institutions. As witnessed in skilled workers concentrated in urban areas the fight against the COVID-19 pandemic, while rural areas are under-served. In 2018, increasing health budget allocations and the country had at least 9 health workers timely disbursement of funds will go a long per facility, with more than half of them 14 Apr - Jun 2021 |Issue 12, No.4 Percentage (52.7%) serving in urban centres. In addition, However, the recent outbreak of COVID-19 83.9 per cent of doctors are serving in urban has emphasized the importance of having areas compared to 16 per cent in rural areas adequate and skilled health workers for (Table 2). The skewness in the distribution equitable delivery of quality healthcare service. of healthcare providers in Kenya can be With limited health personnel against the attributed to lack of supporting infrastructure surge on caseload, the immediate response and opportunities for both staff and their by the Ministry of Health was to reassign staff families, and the high concentration of working in the area of non-communicable hospitals in urban areas. Although most of the diseases, laboratory officers, programme health facilities are publicly-owned, majority coordinators and disease surveillance to of the medical doctors (62%) are mainly found partially or fully support the management of in private hospitals. These disparities are an COVID-19. This led to disruption of delivery of indication of the inequity in access to health other health services such as prevention and services given that majority (68.9%) of the treatment services for non-communicable population lives in rural areas and is mainly diseases. The rapid spread of COVID-19, served by public hospitals with inadequate combined with inadequate preparedness health specialists. and shortage of the workforce further led to increase in workload, stress and burnout The Ministry of Health recognizes that of the health workers. This led to low shortages and uneven distribution of health productivity and ineffectiveness, decreased workers between urban and rural areas is a job satisfaction and commitment that led to critical impediment to equal health service industrial action by health workers. This in delivery and ultimately the national health turn led to poor quality of health care services, outcomes. In that regard, long-term strategies hence risking the safety of the patients. are being undertaken to address the human resource development and management Policy recommendations constraints to improve efficiency of health service delivery. As a result, there has been a To address inequities in financing of health, general increase in the number of registered there is need to have continuous focus health personnel in Kenya. Further, more on the vulnerable population across and health workers have been hired and deployed within counties by the Government through to various counties to prepare for roll-out of targeted health financial interventions such the UHC programme. as the HISP. This will ensure that the poor and other vulnerable groups are never left behind in accessing UHC. Additionally, there Figure 8: Health workforce per ‘0000 population for counties in Kenya 40 35 30 25 20 15 10 5 0 Counties County Core health workforce per 10,000 Global Target Source: Kenya Harmonized Health Facility Assessment (KHFA) Issue 12, No. 4 | Apr - Jun 2021 15 Workforce Density '0000 population Tharaka-nithi Nyeri Uasin gishu Nairobi Kajiado Lamu Kiambu Kisumu Kirinyaga Isiolo Embu Nakuru Mombasa Taita taveta Meru Machakos Laikipia Kericho Kitui Homa bay Nyamira Siaya Kisii Marsabit Makueni Vihiga Busia Nyandarua Migori Samburu Baringo Garissa Kilifi Elgeyo-… Kakamega Murang’a West pokot Bomet Nandi Bungoma Kwale Trans nzoia Turkana Tana river Narok Wajir Mandera Table 2: Health workforce in Kenya Kenya Public Private Urban Rural Number of health staff per 8.5 9.1 7.7 13.7 6.0 facility Doctors % 9.9 37.4 62.6 83.9 16.1 Clinical Officers % 21.0 52.5 47.5 52.1 47.9 Nurses % 69.1 62.8 37.2 48.4 51.6 Total % 100.0 58.1 41.9 52.7 47.3 Source: Kenya Health Service Delivery Indicator Survey is need to ensure policy coherence between delivery and aid in prompt decision-making. the national and county governments, such This will spur more innovations around health as adherence to government policies and that could accelerate health equity across all guidelines on abolition of user fees in all counties. For example, locally manufactured primary healthcare centres. This also includes beds could help bridge the gap of inpatient ensuring that policies speak to each other bed capacity in some counties. Achieving for more collaboration and coordination an equitable health sector will also require between national and county levels. Further, more engagement with the private sector uneven distribution of health workers to complement Government initiatives threatens equitable delivery of health in health service delivery; finalization services to people living in rural areas who and adoption of the UHC policy to guide are often less educated, poorer and with a with implementation of the programme; higher disease burden. Therefore, both the promotion of public-private partnerships, National and County Governments should which include collaboration to increase access provide appropriate support and incentives to health services by leveraging on the use of to increase recruitment and subsequent technology such as provision of telemedicine retention of health professionals in these and medical education through e-learning; areas. Providing appropriate equipment and more focus on preventative measures and supplies to health facilities and having through initiatives such as sensitization and supportive supervision and mentoring awareness campaigns. programmes for health workers in rural areas would create a good and conducive working Finally, as the country gears towards environment, hence making these rural building back the economy, it is important to health opportunities professionally attractive. incorporate a building back framework for Additionally, investing in infrastructure health, considering the historical inequities and services such as sanitation, electricity, and the new or magnified levels of health telecommunications, and schools to improve inequities across the country because of the the living conditions for health workers and COVID-19 outbreak. Additionally, COVID-19 their families will influence a health worker’s mitigation measures put in place by the decision to relocate to and remain in rural Government, such as increase in bed capacity, areas. will greatly support the endeavor of ensuring equitable access to healthcare. Devolution Building back to a more equitable health sector of the health sector has given the County will require full adoption of health systems Governments the power to determine which towards a primary healthcare approach; services to prioritize as per the county needs progressive investment towards human to be informed directly by the community resources for health; investment on additional through public participation. Therefore, skilled health workforce and interventions counties should use such avenues to address that increase their productivity; and uptake health inequities in the respective counties. of technology to increase access to service 16 Apr - Jun 2021 |Issue 12, No.4 Closing the Digital Divide in Trade to Build Economic Resilience during COVID-19 and Beyond By Martin Wafula and Kenneth Malot Introduction intended to support each country’s economic resilience, the effect of COVID-19 led to The COVID-19 pandemic has disrupted contraction of the global economy in 2020, global value chains and increased economic with a large negative effect on global trade1. uncertainties across countries. From its In Sub-Saharan Africa (SSA), the number of pronouncement in early 2020, the pandemic confirmed cases remains low at 2.3 per cent has negatively affected the global economy of the total global confirmed cases. However, with heterogeneous effects across sectors the effect of the pandemic has been severe, and countries. Several countries instituted with regional economic growth contracting stimulus measures to cushion their economies from 3.2 per cent in 2019 to -1.9 per cent in against the negative effects of the pandemic. 2020. Kenya has not been an exception as Despite these policy response efforts 1 The World Bank (2020). COVID-19 and trade in Sub-Saharan Africa: Impact and policy response. Issue 12, No. 4 | Apr - Jun 2021 17 image: Freepik.com the GDP growth contracted from 5.3 per cent in 2019 to -0.1 per cent in 2020 as the pandemic effect surged and unemployment increased from 5 per cent in the last quarter in 2019 to 16 per cent between May and June 2020 2 . “According to World Bank From a trade perspective, the United Nations (2020), approximately Conference on Trade and Development UNCTAD (2021) shows that global trade in goods and 56.2 per cent of the global services shrunk by 9 per cent and 15 per cent in population live in urban 2019 and 2020, respectively. Similarly, evidence suggests that COVID-19 negatively affected trade areas, and this figure is between January-June 2020. However, several initiatives to narrow the digital divide resulted in projected to increase to 66 an uptake of digital services that played a crucial role of reversing the negative effect of the first half per cent in 2050. of 2020. Additionally, a World Bank survey shows that the pandemic has negatively affected the flow of trade volumes, with a fall in firms demand by 62 per cent while 9 out of 10 firms faced a decline in services, thus facilitating growth of digital trade sales. In response, 49 per cent of firms increased within and across the countries3 . For example, as their uptake of the use of digital platforms and 13 the pandemic spreads and more restrictions are per cent invested in digitization of their services, imposed in Kenya, 49 per cent of firms increased respectively. their use of digital platforms while 13 per cent and 18 per cent invested in digital services and The present COVID-19 has unmasked the global repackaged their products in line with the health economy’s unpreparedness to respond to external restrictions, 4 respectively. shocks. As such, the countries’ unpreparedness has underscored the need for economies such Digital Divide and Trade in Kenya as Kenya to narrow the digital divide, which will in turn increase Internet access and provision Trade plays an important role in improving of other related infrastructure at an affordable economic growth, creating employment cost. Further, coping with COVID-19 restrictions, opportunities and improving the welfare of the particularly meeting work-related deliverables, society. The increasing dynamics in the global requires a well-developed infrastructure in economy have resulted to countries devising form of digital enablers. These digital enablers ways of enhancing trade, both domestic and - Information, Communication and Technology international through digital services. This has led (ICT) - for example, computers and smartphones, to the emergence of digital trade as a channel of have played a vital role in alleviating the social and enhancing trade within and outside the country. economic consequences of COVID-19 restrictions. To this end, digital trade in goods and services has Similarly, they have played a pivotal role in grown at a phenomenal rate in the global economy. enhancing trade in form of online transactions For Kenya, the Government has developed and, thus, cushioning the country and economy infrastructure to enhance these services, such against the effects of the pandemic. To this end, as the Digital Economy Blueprint. Importantly, many firms were not left behind as they shifted through various initiatives such as e-government, their trading channels towards online platforms the Government has strengthened and improved to cope with increasing demand for goods and the business environment. The use of mobile services has been scaled up and as of now, about 2 The World Bank (2021), Socio-economic impacts of COVID-19 in Kenya on households, available on: https://openknowledge.worldbank.org/ bitstream/handle/10986/35173/Socioeconomic-Impacts-of-COVID-19-in-Kenya-on-Households-Rapid-Response-Phone-Survey-Round-One. pdf?sequence=1&isAllowed=y. Last accessed in May 2021. 3 In this section, we adopt the OECD definition of digital trade to refer to all digitally (Internet) enabled transactions in goods and services that are digitally or physically delivered. Further, we define digital divide as the gap in relation to access and use of ICT services. 4 World Bank (2021), Socio-economic impact of COVID-19 in Kenya on households: Rapid response phone survey. 18 Apr - Jun 2021 |Issue 12, No.4 “ 91 per cent of the Kenyan population have access As noted earlier, the COVID-19 pandemic has to mobile services with amplified usage on mobile resulted in reduction in global trade, and despite money transactions (Central Bank of Kenya, 2020). this negative shock, e-commerce share in global retail trade increased from 14 per cent in 2019 to However, central in the Government’s concerns has 17 per cent in 2020. The increase in e-commerce been the rate of digital divide. Although developed transaction signals the positive effect of digital countries have a higher rate of ICT, penetration transformation to accelerate trade and build and Internet access in developing countries such resilience in the global economy. As such, the as Kenya remains extremely low. For example, prevailing digital divide requires attention to as shown in Table 3, there are only 22.6 per cent help economies absorb the negative shocks of persons with access to Internet in Kenya, with to accelerate economic development. This will great digital divide between male and female at 25 require significant investment in ICT infrastructure, per cent and 20 per cent, respectively. As such, the legislative framework to accommodate cross use of e-commerce services becomes increasingly border trade challenges and a conducive business difficult. Despite challenges to scale up e-commerce working environment to increase uptake in services during the COVID-19 period from March e-commerce. 2020 to June 2021, online services were still able to play an important role in advancing messages More effort is required to enhance e-commerce for social distancing and online transactions to as a channel of increased trade to mitigate the reduce movement of persons. Further, the various digital divide and build economic resilience in measures implemented by the Government Kenya. For example, the country ranked 88 (out through the Central Bank increased the traffic of 152 countries) with an e-commerce index of online payments through M-Pesa and other of 49 performing better relative to other East payment platforms. On a year-to-year comparison, Africa regional countries, but emerging third in the growth rate of M-Pesa transactions increased, Sub-Saharan Africa behind South Africa and Ghana on average, from 0.5 per cent in 2019 to 4.3 per (Figure 9). Further, e-commerce can play a crucial cent in 2020. Further, the number of registered role of women empowerment in Africa. According mobile users increased from 52 million in May 2019 to UNCTAD 2021 report, Jumia, the largest online to 67 million in May 2021, signalling the economic trading platform in Africa, reported that 51 per cent resilience of the mobile sector to cushion the of firms using the platform are owned by women. country against shocks. Additionally, the online However, the report notes that the pandemic delivery and payments played a significant role of had a disproportionate impact as firms owned by retaining jobs in the retail sector as the pandemic women closed while male-owned firms increased ravaged the country. in 2020 during the pandemic. Figure 9: E-Commerce index for selected countries in 2020 60.0 50.0 56.5 51.9 40.0 49.0 46.2 30.0 36.6 34.9 20.0 28.3 27.5 10.0 0.0 ica na ya ria nia da da piafr a A Gh Ke n ige nz a ga n an hio uth N Ta U R w Et So Source: UNCTAD (2021) Source: UNCTAD (2021) Issue 12, No. 4 | Apr - Jun 2021 19 Table 3: Internet usage in trade transactions Country Individuals using Goods export (% of Goods import (% of Services export (% internet (% of total goods exports) total goods imports) of total services population) exports) Kenya 22.6 0.4 3.8 10.2 Uganda 23.7 0.4 4 2.4 Tanzania 25.0 4.2 3.1 0.4 Ethiopia 18.6 2.4 2.8 2.2 South Africa 56.2 0.9 8.0 4.2 Nigeria 42.0 0.0 3.7 5.8 Morocco 74.0 2.4 4.0 8.6 Sub-Saharan Africa 25.1 0.4 5.3 4.4 World 51.1 11.5 12.9 10.4 Source: World Bank (2021), World Development Indicators. Notes: All data used are for the year 2019 except for service exports, which is for 2017 A key enabler of narrowing the digital divide is the youth are more active in online platforms access to Internet and deepening of ICT services than the older generation and can help narrow in the country. However, Internet usage in Kenya, the digital divide in the country (World Bank, which is central to narrowing this divide, is still low 2019). Notably, the COVID-19 pandemic has shed relative to the country’s comparator countries. light on the inequalities in access to the Internet For example, only 22.6 per cent use Internet in and digital technologies globally. The presence of Kenya compared to South Africa at 56.2 per cent, inequality to access the Internet and related digital Nigeria at 42 per cent and the country performs services shows the digital gap across age, gender even below Uganda and Tanzania (Table 3). For and location. Interestingly, only 22 per cent and Kenya to bridge the digital divide, more effort will 37 per cent of female youths and male youths use be required to ensure that the remaining 77 per Internet in Africa, respectively. Further, only 17 per cent of population has access to Internet services. cent and 2 per cent of the population in urban and Moreover, Kenya’s export and import of goods rural areas have access to Internet in Africa. The through the Internet channel performed below measures put in place by countries have not only South Africa, Morocco and the World. However, made the digital divide visible, but also amplified the East African Community (EAC) countries such as the threat on the livelihood of the people. Uganda and Tanzania out-perform Kenya in goods exported through Internet usage. Interestingly, Policy and Legislative Interventions to Bridge the Kenya out-performs the selected group of Digital Divide countries, including SSA, and marginally below the The Government has recognized the need to world in service exports through Internet usage. improve digital inclusion in the country as it has As shown above, the digital divide over the years the potential to accelerate economic growth and has been a critical barrier particularly to the sectoral development. This recognition has been population and firms with no or partial Internet captured in several policies and legislations with connectivity and access to mobile technology. In a view to advancing the country’s development Kenya, 44.4 per cent of the population for persons agenda. of age between 25 and 34 years reported to have The Kenya Vision 2030 envisages that the used Internet in the last three months (KNBS, Information Communication Technology (ICT) 2019), a percentage below its potential given the sector will play a crucial role in enhancing country is considered a digital hub in Sub-Saharan development through creation of digital villages Africa. The youth in Kenya represent about three and development of e-commerce to accelerate quarters of the total population and are a great innovation and entrepreneurial skills for optimal potential for accelerating growth due to their active returns through selling online products. In line with engagement in economic activities. Accordingly, the ICT framework as outlined in the Kenya Vision 20 Apr - Jun 2021 |Issue 12, No.4 2030, the number of digital villages has increased, Conclusion and Policy Recommendations and e-commerce master plan and policies have been developed. The current global pandemic has exposed the inequalities in provision of digital services, Relatedly, the development of Digital Economy a crucial channel in advancing domestic and Blueprint for Kenya offers a great opportunity for foreign trade. Although the pandemic showed advancing the three pillars of digital economy that the unpreparedness of countries such as Kenya include digital trade, digital financial services and to mitigate the effects of COVID-19, it has also digital content. For example, the Kenya Finance resulted to an uptake of digital services. To this Bill of 2021 that came into effect in July 2021 has end, there is need to sustain this momentum and provided for a digital services tax (DST) at 1.5 offer a conducive environment of narrowing the per cent for all services offered through a digital digital divide to build economic resilience and marketplace. The provision of this tax offers an absorb future shocks. opportunity to enhance the country’s resource envelop in the face of constrained fiscal space. This will require developing and strengthening policies and legislation that supports digital Challenges to Narrowing the Digital Divide and inclusion and digital trade. At the international Enhancing Resilience level, there is need to strengthen trade facilitation efforts to support digital trade through enhanced Several challenges affect the Government’s efforts infrastructure such as roads, railways and custom to enhance digital inclusion and build resilience borders. Although digital infrastructure within the of the economy to absorb shocks. Central to this EAC customs union has been enhanced currently, problem is the rural-urban divide where access to there is need to map with the customs union Internet services stands at 44 per cent in urban infrastructure to mitigate border delays and other areas and 17 per cent in rural areas. This problem is related transactional costs. Additionally, the exacerbated by inadequate infrastructure in rural ongoing phase two of African Continental Free areas to permit accessibility and deepening of Trade Agreement negotiations on e-commerce digital services. For example, lack of electricity or will help enhance digital trade and payment reliable power services deters investments in rural systems among regional member countries. areas. Further, digital literacy plays a leading role in Moreover, diversification in the use of digital increasing digital divide in the country. services, for example exports and imports, should be undertaken in a digital framework to enhance quick transactions and delivery of goods within the country and the region. New Publications Issue 12, No. 4 | Apr - Jun 2021 21 Administration of Justice in the Face of COVID-19 Douglas Kivoi, Maureen Wanyonyi and Cecilia Naeku Introduction working in it. The biggest concern by justice agencies such as the Judiciary, National Police The administration of justice and dispute Service, corrective facilities and other agencies resolution structures across the globe are has been that their facilities are hotspots for among the sectors that have been hard hit by spreading the COVID-19 virus. Justice agencies the COVID-19 pandemic. Immediately the first have been torn between arresting law breakers, case of the virus was detected in the country in remanding them or releasing them back into early 2020, the Government put in place a raft the community on bail or on probation. of public health measures, key among them the indefinite suspension of all public gatherings, Additionally, during the first six months of such as weddings, funerals, and religious 2020, which was the lockdown period of meetings. All learning institutions were ordered COVID-19, gender-based violence and crimes to close indefinitely, and a nationwide curfew against children increased in Kenya by 92 per was imposed. The National Police Service was cent. The economic impact due to COVID-19 tasked with the enforcement of most of these also hampered strict adherence to business measures through the Public Health Act (CAP. contracts, giving rise to new disputes. These 242, Revision 2012) and Public Order Act (CAP. emerging issues exacerbated the challenges 56). facing the justice system that was already struggling to operate optimally within the The emergence of COVID-19 has presented a COVID-19 restrictions. The enforcement of myriad of complex choices in the administration curfew laws and other COVID-19 restrictions of justice, protection of public safety, and also created new dilemmas for the police protection of the health of those under control and citizens, with cases of police using of the criminal justice system and those excessive force being reported. Despite the 22 Apr - Jun 2021 |Issue 12, No.4 image: Freepik.com challenges, COVID-19 has been a catalyst for days. With the uncertainties that COVID-19 innovative responses in the justice system presents, increased use of online dispute and has accelerated critical reforms within the resolution (ODR) as a form of alternative correctional system. dispute resolution mechanisms is projected to continue. The Justice System During the COVID-19 Pandemic Period Use of Information and Communication Technology in courts COVID-19 and the resultant restrictions to curb the spread of the virus caused serious threats Given the protracted nature of the COVID-19 in terms of access to justice. This is because pandemic, the Judiciary embraced the use of physical court appearance and manual filing of technology to scale up court services. This cases characterized the Kenya justice system. technology has not only been used in delivery of Kenya’s justice sector, therefore, adopted rulings and judgments, but also in the conduct proactive responses to the COVID-19 pandemic of other judicial processes. Towards this end, to ensure access to justice. the High Court and Court of Appeal stations in Nairobi and across the republic have embraced a) Judiciary the use of Skype, Zoom and Microsoft Teams Heightened Alternative Dispute Resolution and video conferencing platforms for mentions use of digital technology and hearings. Almost all the courts in Nairobi have embraced technology in conducting their All in-person court proceedings were scaled judicial proceedings with the electronic case down when the first case of COVID-19 was management system roll out. Approximately announced on 13th March 2020. Only urgent 32 courts countrywide are using digital court matters and cases that could otherwise not be recording and transcription system. administered in the online sessions were held. With the scaling down of open court sessions, The Judiciary has increased its use of the use of Alternative Dispute Resolution (ADR) Information and Communication Technology was encouraged by the courts. Alternative (ICT) to enable judges and magistrates dispute resolution became even critical due to to dispose off cases, including e-filing of the rise of conflicts over contract violations. judgments, video conference remand hearings The Kenya Revenue Authority, which started for prisoners in custody, and the delivery of implementing ADR in 2015, experienced 109 court judgments through video conferencing. per cent increase in number of cases in financial The use of virtual platforms by the year 2020/2021 compared with 2019/2020. Judiciary in the dispensation of justice and With the COVID-19 restrictions, innovative conflict resolution is, indeed, a trend and a solutions such as online mediation and game-changer in litigation of cases in court. alternative dispute resolution towards access Even in the post-pandemic era, there is to legal services and legal documentation likelihood that physical court attendance will were encouraged. Access to online dispute be scaled down significantly, especially for resolution mechanisms was required to ensure non-contentious mentions and court call-overs. it does not deprive victims' justice and truth, The National Council for the Administration of and function in accordance with international Justice (NCAJ) on 15th March 2020 published an human rights law. The adoption of digital Administrative and Contingency Management technology not only ensured access to dispute Plan to mitigate COVID-19 in the Kenyan justice resolution during the pandemic, but it also sector. This was followed by gazettement helped reduce the time taken to resolve the of the Electronic Case Management Practice disputes. The Kenya Revenue Authority (KRA), Directions (ECMPD) 2020 on 20th March for instance, reported that with the use of 2020, which sought to fundamentally change virtual platforms, the average time taken to litigation practice in Kenya. The ECMPD 2020 resolve disputes reduced from 89 days to 42 Issue 12, No. 4 | Apr - Jun 2021 23 currently continues to serve as a guide for The National Police Service, through the integrating ICT in judicial proceedings and office of the Inspector General of Police and specifically for electronic filing and electronic in consultation with the National Council on service of court documents; electronic case Administration of Justice (NCAJ) also provided search; electronic diary; electronic case guidelines for the disposal of criminal matters at tracking system; electronic payment and police stations, except for serious matters that receipting; electronic signature and electronic must be taken to court. Policing agencies were stamping; exchange of electronic documents, advised to avoid congesting detention facilities including pleadings and statements; and use for fear of spreading COVID-19. The NCAJ of technology in case registration and digital directed the police not to hold petty and traffic recording of proceedings for expeditious offenders for more than 24 hours but should resolution of cases. release them on cash bails or free police bonds. This is aimed at reducing the number of pretrial Through implementation of the ECMPD, the detentions to prevent COVID-19 infection and Judiciary has facilitated judicial officers to at the same time ensuring that citizens access work from home as a safety precaution against justice. COVID-19. Some courts across the country have been operating temporary open-air courts in c) Correction facilities strategic places where social distancing can be observed. The chronic overcrowding in Kenya’s penal institutions meant that prisoners faced higher The Office of the Director of Public Prosecution risks of COVID-19 infections. To curb this, the (ODPP) also launched the Uadilifu case Government released over 12,000 inmates in a management system in July 2020, which was five-month period since the onset of COVID-19 integrated with the Judiciary e-filing system as part of the ongoing programme to decongest to enhance efficiency in the criminal justice prisons with upsurge in COVID-19 cases in the system. The system allows prosecutors to file country. Two thousand (2,000) prisoners were charge sheets, track and monitor the status released between August 2020 and April 2021. files, electronic file pleadings and disclose The laws and policies to decongest prisons evidence. have been in place since 2002 when the prisons reform agenda was rolled out, but effective b) Policing agencies implementation has been slow. However, In August 2020, the Digital Police Service the prevailing COVID-19 crisis accelerated Occurrence Book (OB) was launched to allow implementation of these reforms. According to for reduction in loss of crime and incidents. The the NCAJ, as at the end of 2019, Kenyan prisons digitization of the police OB will make work easy had a population of 53,348 inmates. This number if there is need to produce electronic evidence fell sharply to 41,155 by August 2020 after the in court and reduce incidences of corruption decongestion efforts. The inmates released and police brutality reported to be rampant mostly constituted petty offenders who were at the point of arrest across the country. The jailed for less than six (6) months or had less digital OB will require police officers to take than six months to complete their jail terms. suspects’ photos before they go into the cells Emerging Challenges and also give a description of their state at the time of arrest, allowing the Inspector General Although the move towards digitalizing court (IG) to monitor reported cases and who the sessions is positive, it may present challenges investigating officer is. The digital OB is part of to the criminal justice system. Adequate the digital reforms at the National Police Service cross-examination of accused persons through that enhance provision of policing services in observation of non-verbal cues (e.g., signs of line with the COVID-19 preventative protocols. torture and intimidation) is not possible when using videoconferencing. Another challenge 24 Apr - Jun 2021 |Issue 12, No.4 is the digital gap that is still persistent in the compared to the capacity of 30,000, hence country. The cost of Internet is still high for prisons remain at higher risk for COVID-19 most of the citizens and Internet connectivity is infection and rapid spread. There have not not evenly distributed. This, coupled with cases been any targeted vaccination efforts to the of lack of connection to the power grid, may prisoners, which poses a higher risk especially leave out a significant portion of the population, for the older detainees who are a majority especially those in rural areas. Litigants and serving longer sentences. judicial officers also need continuous capacity building on the use of digital technologies to Recommendations enhance seamless administration of justice. The Judiciary needs to fully digitize the court Although there is a shift from manual to digital management system. This needs to be backed recording of occurrences at the police stations, up by a robust electronic filing and court the move has not been nationalized. The shift management system for judicial staff and was implemented initially in Nairobi alone litigants. Such a system ought to be user-friendly with desk top computers installed at police to self-represented citizens seeking justice. stations and posts within Nairobi County while There is need for capacity building to litigants iPads have also been issued to police officers and judicial officers on the use of the e-filing in the city alone. To enable greater use of system. technology, it is paramount for the Ministry of Kenya not only needs necessary laws and Information, Communication and Technology regulations but also a stable reliable ICT and telecommunication companies to consider infrastructure that can guarantee cyber security national Internet connectivity to all stations. given the rise in cyber-crime. The justice sector This allows for evidence-based access to justice, in Kenya also requires institutional capacity to from the onset to the end within the policing monitor its use by litigants, the Judiciary and agencies. the Public Prosecution Office. The correction services have people coming Moreover, correctional facilities need to from across the country everyday upon continue with the decongestion initiatives in sentencing, increasing the risk of introduction conjunction with the Judiciary and the Ministry of infection in the cells. Inmates live in close of Health to reduce the risks of COVID-19 confinement, sharing all basic amenities infections among vulnerable populations. The including during meals, and making social Judiciary should partner with correctional distancing to minimize transmission of services and consider structural reforms that COVID-19 virtually impossible. Despite the will significantly reduce the number of inmates efforts to decongest penal institutions, the in these facilities. prison population of 40,000 is still high when Issue 12, No. 4 | Apr - Jun 2021 25 POLICY NEWS Legislative Developments A. ACTS OF PARLIAMENT 1) Business Laws (Amendment) No. 2 Act, 2021 was gazetted on 31st March 2021. It amended various statutes to facilitate the ease of doing business in Kenya. The key amendments are: a) It amended the Law of Contract Act by changing the definition of the term “sign” to align it with the Companies Act. b) Industrial Training Act amended by providing that the industrial training levy shall be remitted at the end of the financial year but not later than the ninth day of the month following end of the financial year. c) Stamp Duty Act amended to exempt payment of fixed stamp duty of Ksh 100 on contracts to be chargeable as conveyances on sale. d) National Hospital Insurance Fund Act and National Social Security Fund Act amended to require an employer/person to pay contribution on the ninth day of each month. e) Companies Act amended to provide for the conduct of virtual or hybrid meetings. f) Insolvency Act amended to introduce a pre-insolvency moratorium period to prevent creditors from taking an enforcement action while a company considers its option for rescue. g) Small Claims Courts Act amended to make provision to fast-track procedure for small claims by providing a sixty-day timeline for adjudication of small claims. 2) Employment (Amendment) Act, 2021 was gazetted on 1st April 2021 and amended the Employment Act. It included the definition of an exit certificate as a written authority given by a registered adoption society to a prospective adoptive parent to take the child from the custody of the adoptive society. It also introduced pre-adoptive leave of one month with full pay where a child is placed in the continuous care and control of an employee. 3) The Early Childhood Education Act was gazetted on 26th March 2021 and the date of commencement was 9th April 2021. The Act provides a framework for the establishment of systems for the administration of early childhood education within a County and for connected purposes. 26 Apr - Jun 2021 |Issue 12, No.4 POLICY NEWS POLICY NEWS Legislative Developments 4) The Supplementary Appropriation Act, 2021 was gazetted on 31st March 2021. It authorizes the issue of certain sums of money out of the Consolidated Fund and their application towards the service of the year ending 30th June 2021 and to appropriate those sums for certain public services and purposes. It authorized the sum of one hundred twenty-five billion, one hundred seventy-seven million, three hundred fifty-two thousand one hundred and twenty-one shillings out of the Consolidated Fund to be applied towards the supply granted for the service of the year ending on the 30th June, 2021. 5) The Supplementary Appropriations (No. 2) Act, 2021 was gazetted on 30th June 2021. It authorized issuance of the sum of twenty-two billion eight hundred fifty-six million three hundred eighty seven thousand seven hundred twenty six shillings out of the Consolidated Fund to be applied towards the supply granted for the service of the year ending on the 30th June, 2021. 6) The Appropriation Act, 2021 was gazetted on 30th June 2021. It authorized the issuance out of the Consolidated Fund to apply towards the supply granted for the service of the year ending on the 30th June, 2022, the sum of Kenya shillings one trillion four hundred ninety-five billion seven hundred eighty-four million seven hundred ninety thousand eight hundred twenty-two, which sum shall be deemed to have been appropriated as from 1st July, 2021, for the services and purposes specified thereunder. 7) The Finance Act, 2021 was gazetted on 30th June 2021. It amends the law relating to various taxes and duties, particularly the Income Tax Act, Value Added Tax Act, Excise Duty Act, Tax Procedures Act of 2015, the Stamp Duty Act, the Capital Markets Act, the Insurance Act, the Kenya Revenue Authority Act, the Retirement Benefits Act and Central Depositories Act. 8) The County Allocation of Revenue Act, 2021 was gazetted on 30th June 2021. It provides for the equitable allocation of revenue raised nationally among the county governments for the 2021/2022 financial year; the responsibilities of national and county governments pursuant to such allocation; and for connected purposes. Issue 12, No. 4 | Apr - Jun 2021 27 POLICY NEWS Legislative Developments B. NATIONAL ASSEMBLY BILLS 1) Central Bank of Kenya (Amendment) Bill, 2021) was gazetted for introduction into the National Assembly on 6th April 2021. The principal object of the Bill is to amend the Central Bank of Kenya Act to provide for licensing of digital credit service providers who are not regulated under any other law. Under the amendment, the Central Bank of Kenya will have an obligation to ensure there is a fair and non-discriminatory. 2) The Computer Misuse and Cybercrimes (Amendment) Bill, 2021) was gazetted for introduction into the National Assembly on 16th April 2021. The principal object of this Bill is to amend the Computer Misuse and Cybercrimes Act, No. 5 of 2018 to provide for the prohibition against the sharing of pornography through the Internet. The Bill further seeks to prohibit the use of electronic mediums to promote terrorism, extreme religious or cult activities. The Bill also seeks to provide an additional function of the National Computer and Cybercrimes Co-ordination Committee, which is to recommend websites that may be rendered inaccessible within the country. 3) The Irrigation (Amendment) Bill, 2021 was gazetted for introduction into the National Assembly on 16th April 2021. The principal object of the Bill is to make amendments to the Irrigation Act, 2019 by expanding the administration of irrigation matter to include management and regulation of irrigation matters; provide for the appointing and nominating authorities in line with the Constitution; harmonize the provision of the Irrigation Act, Water Act and Water Resources Management Rules, 2007; taking into account the already existing legislative and regulatory structures when prescribing administrative and regulatory framework on water storage; and to enable the Cabinet Secretary to make regulations to provide for the development of irrigation, including infrastructure and water storage, and to provide for multi-government agencies consultation and collaboration, among others. 4) The Kenya Roads (Amendment) Bill, 2021 was gazetted for introduction into the National Assembly on 30th April 2021. The principal object of the Bill is to amend the Kenya Roads Act (No. 2 of 2007) to align the Act with the provisions of the Constitution regarding the auditing functions of the Office of the Auditor-General. The Bill further seeks to amend the term of office of and the qualification for the Director-General of the Kenya Roads Board appointed under the Act. 5) The Health (Amendment) Bill, 2021) was gazetted for introduction into the National Assembly on 30th April 2021. The principal object of this Bill is to amend the Health Act, No. 21 of 2017 to 28 Apr - Jun 2021 |Issue 12, No.4 POLICY NEWS POLICY NEWS Legislative Developments provide that the national government and county governments shall, in consultation through the existing inter-governmental relations mechanisms, establish regional cancer centres. The Bill also seeks to amend the principal Act to make it an offence for a person in-charge of a public health facility to demand or permit demands of payment of advance medical fees as a pre-condition to provision of medical services. The Bill also seeks to amend the principal Act to provide that it shall be an offence for a person in charge of public health facility to detain the body of a deceased person as a means of enforcing settlement of outstanding medical bills. Further, the Bill seeks to amend the principal Act to provide for the regulation of the levying of charges for the practice of conventional medicine. 6) The Coffee Bill, 2021 was gazetted for introduction into the National Assembly on 30th April 2021. The principal object of this Bill is to provide for the development, regulation and promotion of the coffee industry, to provide for establishment, powers and functions of the Coffee Board of Kenya. 7) The Livestock Bill, 2021 was gazetted for introduction into the National Assembly on 30th April 2021. The object of the Bill is to provide for the development and regulation of livestock and livestock products, research and capacity building in the livestock sector and the establishment of livestock agencies. 8) The National Electronic Single Window System Bill, 2021 was gazetted for introduction into the National Assembly on 30th April 2021. The principal object of the Bill is to facilitate trade and commerce using the National Electronic Single Window System. This is done through the establishment of the National Electronic Single Window System and prescribing a framework for its operations. 9) The Finance Bill, 2021 was gazetted for introduction into the National Assembly on 5th May 2021. This Bill was submitted by the Cabinet Secretary for the National Treasury and Planning and formulates the proposals announced in the Budget for 2021/2022 relating to liability to, and collection of taxes, and for matters incidental thereto. It sought to amend the Capital Markets Act, Insurance Act, Kenya Revenue Authority Act and Central Depositories Act. 10) The Tax Appeals Tribunals (Amendment) Bill, 2021) was gazetted for introduction into the National Assembly on 5th May 2021. The purpose of the Bill is to amend the Tax Appeals Tribunal Act, 2013 to address the challenges affecting the performance of the Tax Appeals Tribunal to facilitate the expedition of tax disputes in the country. Issue 12, No. 4 | Apr - Jun 2021 29 POLICY NEWS Legislative Developments 11) The Community Groups Registration Bill, 2021 was gazetted for introduction into the National Assembly on 5th May 2021. The Bill is intended to provide a regulatory framework for the mobilization, registration, co-ordination and regulation of community groups, and for connected purposes. 12) The National Hospital Insurance Fund (Amendment) Bill, 2021 was gazetted for introduction into the National Assembly on 11th May 2021. The Object of the Bill is to amend the National Hospital Insurance Fund Act, 1998 to establish the National Health Scheme and to enhance the mandate and capacity of the National Hospital Insurance Fund to facilitate and deliver Universal Health Coverage. 13) The Perpetuities and Accumulations (Amendment) Bill, 2021) was gazetted for introduction into the National Assembly on 12th May 2021. The Object of the Bill is to limit the application of the Act to dispositions relating to immovable property and allow for the accumulation of the income of a trust so that it can benefit multiple generations of beneficiaries, particularly in a family trust. The intention is to create an enabling legal framework for preservation of generational wealth. 14) The Trustees (Perpetual Succession) (Amendment) Bill, 2021 was gazetted for introduction into the National Assembly on 12th May 2021. The principal object of the Bill is to enable accumulation of generational wealth for the benefit of multiple generations. It makes provision for and defines the various types of trusts, including charitable trusts and non-charitable purpose trusts. Additionally, the Bill makes new provisions for enforcers of a trust. The Bill also proposes to amend provisions on incorporation of trustees to recognize that trusts are registered with the Principal Registrar of Documents and not the Minister. 15) The Certified Managers Bill, 2021 was gazetted for introduction into the National Assembly on 13th May 2021. The principal object of the Bill is to establish the Institute of Certified Managers and to provide for a legal framework for the registration and regulation of the standards and practice of the profession and for connected purposes. 16) The Public Service Internship Bill, 2021 was gazetted for introduction into the National Assembly on 13th May 2021. The principle object of the Bill is to establish a legal framework for the regulation of internship programmes within the public service. The Bill seeks to ensure the provision of a monthly stipend, insurance and other entitlements to persons engaged in internships within the public service for the duration of the internship programme. 30 Apr - Jun 2021 |Issue 12, No.4 POLICY NEWS POLICY NEWS Legislative Developments 17) The National Disaster Risk Management Bill, 2021 was gazetted for introduction into the National Assembly on 18th May 2021. This Bill seeks to establish the Intergovernmental Council on Disaster Risk Management and the National Disaster Risk Management Authority to ensure that there is co-ordination of disaster risk management issues at the national and county level. The Bill further seeks to establish County Disaster Risk Management Committees in each of the counties as the role of disaster risk management is a shared function between the national and county governments under the Fourth Schedule to the Constitution. To this end, the Bill proposes to bring together the staff of the National Disaster Operations Centre, and the National Disaster Risk Management Unit to undertake National Disaster Risk Management. The main premise of the Bill is to approach disaster risk management in a manner that seeks first to respond effectively and in a timely manner to any disaster or risk of disaster, and to prevent the adverse effects of a disaster, recover, as far as may be possible, the livelihood of communities affected by a disaster. The enactment of the Bill will assist in the efficient and effective management of disasters across the country. 18) The Asian Widows’ and Orphans’ Pensions (Repeal) Bill, 2021 was gazetted for introduction into the National Assembly on 18th June 2021. The principal object of the Bill is to repeal the Asian Widows' and Orphans' Pensions Act in light of the enactment of the Public Finance Management Act, 2012. 19) The Provident Fund (Repeal) Bill, 2021 was gazetted for introduction into the National Assembly on 18th June 2021. The principal object of the Bill is to repeal the Provident Fund Act in light of the enactment of the Public Finance Management Act, 2012. 20) The Appropriation Bill, 2021 was gazetted for introduction into the National Assembly on 21st June 2021. It provides for the issue out of the Consolidated Fund to apply towards the supply granted for the service of the year ending on the 30th June, 2022, the sum of Kenya Shillings one trillion four hundred ninety-five billion seven hundred eighty-four million seven hundred ninety thousand eight hundred twenty-two, and that sum shall be deemed to have been appropriated as from 1st July, 2021, for the services and purposes specified thereunder. 21) The Supplementary Appropriation (No. 2) Bill, 2021 was gazetted for introduction into the National Assembly on 25th June 2021. It provides for the issue of the sum of seven billion five hundred twelve million seventy-seven thousand seven hundred forty-one shillings out of the Consolidated Fund to apply towards the supply granted for the service of the year ended on 30th June 2021. Issue 12, No. 4 | Apr - Jun 2021 31 POLICY NEWS Legislative Developments C. SENATE BILLS 1) The County Hall of Fame Bill, 2021 was gazetted for introduction into the Senate on 8th March 2021. The Bill seeks to establish a county hall of fame in each county as an avenue through which the County Governments shall bestow honour on individuals within their respective counties acclaimed as being outstanding, exceptional or illustrious in any profession or activity; provide a framework for the preservation of the history, heritage and culture of counties; and for connected purposes. 2) Disaster Risk Management Bill, 2021 was gazetted for introduction into the Senate on 12th March 2021. The Bill seeks to establish the National Disaster Risk Management Authority and County Disaster Risk Management Committees; and to provide a legal framework for the coordination of disaster risk management activities and for connected purposes. 3) The Kenyan Sign Language Bill, 2021 was gazetted for introduction into the Senate on 8th March 2021. The Bill seeks to give effect to Article 7(3)(b) of the Constitution on the promotion and development of the use of Kenya Sign language; to give effect to Article 54(1)(d); to provide for the inclusion of sign language in education curriculum; to provide the use of sign language in legal proceedings; and for connected purposes. 4) The Law of Succession (Amendment) Bill, 2021) was gazetted for introduction into the Senate on 12th March 2021. The principal object of the Bill is to amend the Law of Succession Act to provide for gender equity in succession matters. The Bill in amending the Law of Succession Act seeks to ensure that the Act provides for gender equity with regard to succession matters. The Bill thus ensures that the widow and widower lose their life interest in the whole of the remainder of the net intestate estate once they re-marry. The Bill further seeks to exclude community land from the ambit of succession. 5) The Office of the County Printer Bill, 2021 was gazetted for introduction into the Senate on 12th March 2021. The Bill seeks to establish the office of the county printer in each county; to provide for the functions, mandate, management and administration of the office; and for connected purposes. 6) The Prompt Payment Bill, 2021 was gazetted for introduction into the Senate on 12th March 2021. The principal object of this Bill is to put in place a legal framework to facilitate prompt payment for supply of goods, works and services procured by government entities both at the national and county level. 32 Apr - Jun 2021 |Issue 12, No.4 POLICY NEWS POLICY NEWS Legislative Developments 7) The Treaty Making and Ratification (Amendment) Bill, 2021) was gazetted for introduction into the Senate on 22nd March 2021. The purpose of the Bill is to amend the Treaty Making and Ratification Act, No. 45 of 2012, to set out the role of the Senate in the treaty making and ratification process. The proposed amendments to the Treaty Making and Ratification Act are therefore intended to bring the provisions of the Act into conformity with the letter and spirit of the Constitution. 8) The County Oversight and Accountability Bill, 2021 was gazetted for introduction into the Senate on 22nd March 2021. The principal object of the Bill is to provide a framework for the effective oversight over the County Government by the Senate. It proposes to provide a mechanism on how oversight over the county budgets can be carried out. It also designates the roles of the responsible bodies and officers in the oversight and public participation processes. 9) The National Cohesion and Peace Building Bill, 2021 was gazetted for introduction into the Senate on 22nd March 2021. The principal object of this Bill is to repeal the National Cohesion and Integration Act (No.12 of 2008). The main aim is to provide for a coordinated structure for peace building and cohesion in Kenya. The Bill in amending the National Cohesion and Integration Act seeks to create the National Cohesion and Peace Building Commission. It will be charged with ensuring the formulation of strategies, plans and programmes for the promotion of national unity. 10) The County Boundaries Bill, 2021 was gazetted for introduction into the Senate on 23rd March 2021. The Bill mainly seeks to — (1) define the boundaries of the counties of Kenya; (2) provide for the resolution of county boundary disputes through the establishment of a county boundaries mediation committee; and (3) to give effect to Article 188 of the Constitution on the alteration of county boundaries. 11) The Preservation of Human Dignity and Enforcement of Economic and Social Rights Bill, 2021 was gazetted for introduction into the Senate on 23rd March 2021. The principal object of the Bill is to give effect to Article 43 of the Constitution to ensure the preservation of human dignity as set out under Article 19 of the Constitution. Article 43 of the Constitution guarantees economic and social rights for all persons. The Bill also seeks to establish a framework for national monitoring, benchmarking and evaluation of progress made in fulfilling economic and social rights by all actors in the Republic. Issue 12, No. 4 | Apr - Jun 2021 33 POLICY NEWS Legislative Developments 12) The Heritage and Museums Bill, 2021 was gazetted for introduction into the Senate on 15th April 2021. The principal object of the Bill is to give effect to the Fourth Schedule to the Constitution. The Bill proposes to retain the National Museums of Kenya already established under the National Museums and Heritage Act, 2006, to provide for national and county museums; the preservation, protection and management of cultural and natural heritage at National and County levels of Government; and to repeal the National Museums and Heritage Act, 2006. 13) The Coconut Industry Development Bill, 2021 was gazetted for introduction into the Senate on 16th April 2021. The principal object of this Bill is to establish the Coconut Industry Development Board with the aim of saving the coconut industry by revamping the policy and institutional framework and strengthening the institutional framework within which the industry operates. It proposes to provide an avenue for appreciating the medicinal, aesthetic, touristic and artistic value of coconut by encouraging value addition in the processing of coconut and its products. The Bill therefore establishes the Coconut Industry Development Board. It further provides for research and development to cultivate a culture of scientific excellence and professionalism in coconut farming and industrial development. 14) The County Allocation of Revenue Bill, 2021 was gazetted for introduction into the Senate on 30th April 2021. The principal object of the Bill is to make provision for the allocation of revenue raised nationally among the county governments for the financial year 2021/22. 15) The Irrigation (Amendment) Bill, 2021 was gazetted for introduction into the Senate on 30th April 2021. The principal object of the Bill is to make amendments to the Irrigation Act, 2019 to better enhance the Act and harmonize the various structures and entities within the Ministry relating to water and water services. 16) The Public Procurement and Asset Disposal (Amendment) Bill, 2021 was gazetted for introduction into the Senate on 30th April 2021. The purpose of the Bill is to amend the Public Procurement and Asset Disposal Act to, among others, address the training and capacity development for professionals involved in the supply chain management services cadre at national level; to address the training lacuna for non-procurement professionals involved in procurement, such as user departments, disposal and contract implementation teams, suppliers, etc; to assign the Director-General the responsibility to institute investigations; to give the Authority the power, when conducting investigations, inspections, assessments and reviews relating to contracts, procurement and asset disposal proceedings, to enter premises of a procuring entity to make any inquiries that may be necessary for the collection of information; to allow the head of procurement to delegate the secretarial function; to amend section 139 of the Act to allow 34 Apr - Jun 2021 |Issue 12, No.4 POLICY NEWS POLICY NEWS Legislative Developments variations in terms of quantity which might be occasioned due to unforeseen circumstances within a period less than twelve months; and to amend section 167 of the Act to reduce the duration for procurement process from 14 days to 7 days. 17) The Sustainable Waste Management Bill, 2021 was gazetted for introduction into the Senate on 30th April 2021. The principal object of the Bill is to establish the legal and institutional framework for the sustainable management of waste, the realization of the constitutional provision on the right to a clean and health environment. 18) The Community Groups Registration Bill, 2021 was gazetted for introduction into the Senate on 30th April 2021. The Bill is intended to provide a regulatory framework for the mobilization, registration coordination and regulation of community groups and for connected purposes. 19) The Statutory Instruments (Amendment) Bill, 2021) was gazetted for introduction into the Senate on 12th May 2021. The principal object of this Bill is to make provision for the procedure of consideration of Statutory Instruments by County Assemblies. Subsidiary legislation is key in the running of County Governments. The Bill seeks to provide a legal mechanism by which County Assemblies will scrutinize statutory instruments. 20) The Kenya Citizenship and Immigration (Amendment) Bill, 2021) was gazetted for introduction into the Senate on 12th May 2021. The principal purpose of the Bill is to put in place mechanisms for the protection of the interests of Kenyans living abroad and to ensure their active participation in the socio-economic development of the country. The collective community of Kenyans living abroad play an important role in the development agenda of the country. For instance, foreign remittances account for a substantial percentage of the Gross Domestic Product. The Bill seeks to enhance these contributions while simultaneously tapping into the skills and expertise of Kenyans living abroad. 21) The Alternative Dispute Resolution Bill, 2021 was gazetted for introduction into the Senate on 12th May 2021. The principal object of the Bill is to put in place a legal framework for the settlement of certain civil disputes by conciliation, mediation and traditional dispute resolution. Resolution of disputes forms part and parcel of everyday life in any given society. Therefore, effective dispute resolution mechanisms in a country will guarantee peace, an enabler of trade and investment, and contribute to economic, social and political development of the country. 22) The County Governments Grants Bill, 2021 was gazetted for introduction into the Senate on 25th May 2021. The principal object of this Bill is to make provision for the transfer of conditional Issue 12, No. 4 | Apr - Jun 2021 35 POLICY NEWS Legislative Developments allocations from national governments share of revenue and from development partners to the county governments for the financial year 2021/22. 23) The Lifestyle Audit Bill, 2021 was gazetted for introduction into the Senate on 27th May 2021. The principal purpose of the Bill is to provide a legal framework for the carrying out of a lifestyle audit on public officers. The Bill seeks to incorporate the values and principles of governance under Article 10 of the Constitution into the public or state officers' public work. 24) The Intergovernmental Relations (Amendment) Bill, 2021 was gazetted for introduction into the Senate on 27th May 2021. The principal objective of this Bill is to amend the provisions of the Intergovernmental Relations Act 2012 to provide a comprehensive framework on the transfer of powers, functions or competences by either National or County governments. The Bill seeks to address the following issues that are not provided for in the Intergovernmental Relations Act, 2012 — (a) the belated involvement of Parliament or the County Assemblies in the transfer of functions processes; (b) lack of an elaborate framework for public participation in the entire process of transfer of functions; and (c) lack of a clear process of costing of the transferred functions. The Bill therefore proposes amendments on — (a) financing of the functions that have been transferred including the appropriation of funds; (b) the involvement of the Senate and the respective County Assembly in the transfer of functions of County Governments; (c) the involvement of the National Assembly in the transfer of functions of the National Government; and (d) the general conduct of public participation during the transfer of functions. 25) The County Governments (Amendment) Bill, 2021) was gazetted for introduction into the Senate on 27th May 2021. The principal purpose of the Bill is to amend the County Governments Act, 2012 to provide clarity in the operations of the County Assembly Service Board in instances where the office of a Speaker becomes vacant. Section 12(3) of the County Governments Act provides that the Speaker of the county assembly shall serve as the chairperson of the Board, with a vice-chairperson being elected by the Board from the members. Further, the Bill seeks to provide a framework for consultation between members of Parliament, the county executive, county assembly and the national executive. The Bill proposes a platform through which leaders at the two levels of government can meet and deliberate on the legislative and development agenda of the respective county government. The Bill is also a fulfillment of Article 189 of the Constitution, which requires national and county governments to consult, coordinate and cooperate in the performance of their respective functions. 36 Apr - Jun 2021 |Issue 12, No.4 POLICY NEWS POLICY NEWS Bilateral relations 1) Kenya and Uganda have agreed to abolish the trade barriers that have led to a sour relationship between the two neighbouring countries which saw various goods subjected to taxes against the East African Community (EAC) Customs Union Protocol. A delegation from Kenya led by Trade Secretary Betty Maina has been in Uganda to deliberate on the matter after Kampala raised concerns over Nairobi’s imposition of taxes on goods coming in from Uganda and banning milk and poultry products. Ms Maina met with her Ugandan counterpart Amelia Kyambadde as well as President Yoweri Museveni and it was agreed that both countries do away with the punitive taxes. For instance, Kenya will scrap the 35 per cent duty that is imposed on gas cylinders that are manufactured in Uganda. On the other hand, Uganda has agreed to scrap the 13 per cent duty that it has imposed on Kenya’s juices, malted beer and spirits, which it noted that it goes against the spirit of the EAC Customs Union Protocol. 2) Resolution of existing trade barriers between Kenya and Tanzania may take longer than expected due to bureaucracy. The directive by Presidents Samia Hassan and Uhuru Kenyatta that government officials waive work permit fees and clear maize imports from Tanzania took effect almost immediately, but Kenyan small-scale traders say they are waiting for a similar gesture from Tanzania. Kenya’s Agriculture Cabinet Secretary, Peter Munya, toured Namanga border post on 7th May and oversaw the release of trucks transporting maize. Kenya had in March banned the importation of maize from Uganda and Tanzania over rising concerns about aflatoxin levels in the grains and imposed stringent measures to ensure compliance. John Keriah ole Mankina, an official of an association of small cross-border traders, raised concerns that Tanzania was still levying fees on Kenyan goods. Johnson Weru, Kenya’s Principal Secretary in the State Department for Trade and Enterprise Development is spearheading an initiative to resolve the issues, soonest possible. Issue 12, No. 4 | Apr - Jun 2021 37 POLICY NEWS DReogmiioenstailcl The African Continental Free Trade Area (AfCFTA) promises to unlock the potential for African women to move to macro businesses. For decades, African women have been trapped in poverty cycles due to several underlying factors, including unequal access to education, factors of production, and trade facilities; inequitable labour-saving technologies; underpaid or unpaid labour; harmful cultural practices; and limited legal protection from gender inequality practices entrenched in society. To break the cycle of poverty and inequalities, the African Union continues to advocate for the development and implementation of policies and legal; frameworks that will create a wider array of opportunities for women, and which will lead to their economic empowerment at the national and regional levels and ensure that the development envisaged for Africa is inclusive and sustainable. With the launch of trading under the AfCFTA in January 2021, the expectations are high as relates to the expanded business prospects for women-led businesses, which will unlock the potential for African women to grow their businesses from micro to macro enterprises. 38 Apr - Jun 2021 |Issue 12, No.4 KIPPRA KIPDRPeoRgmAioe Dnstaeilcmand-Driven and Collaborative Research Projects NEWS A. Demand-Driven Projects A market and advocacy analysis of various core products in the Eastern and Central Africa KIPPRA undertook a consultancy study for Fairtrade Africa, an independent non-profit organization representing members who are certified producers in Africa with over 1,083,139 members across 28 countries in Africa. The main purpose of this study was to identify and document country and regional level advocacy and policy that influence priorities for Fairtrade core products such as coffee in Kenya, Uganda, Rwanda, Tanzania and Ethiopia; tea in Kenya, Tanzania, Rwanda and Uganda; and flowers in Kenya, Uganda and Ethiopia. The goal was to provide Fairtrade Africa with the best practices that have been proved to produce best results locally and globally with an aim to accelerate delivery of producer support services and advocacy interventions for socio-economic development in East and Central Africa Network region (ECAN). The Kenya National Quality Infrastructure Policy KIPPRA supported development of a Kenya National Quality Infrastructure Policy for State Department for Industrialization, Ministry of Industrialization, Trade and Enterprise Development. This was driven by need for a policy governing the quality infrastructure ecosystem in the country to further support the ongoing Kenya-US Free Trade Agreement (FTA) and operationalization of the African Continental Free Trade Area (AfCFTA). Once completed, the policy will address the challenges that undermine products destined for the Kenyan market or manufactured locally. Some of the major challenges that the policy seeks to cure include, but not limited to, conflicting or inexistent legislations and lack of coordination and synergies between national quality infrastructure institutions, thereby leading to time lag in sharing of technical information with respect to technical regulations and standards, overlaps across agencies and Ministries involved in National Quality Infrastructure implementation, lengthy and costly transaction times, conflict, inefficiencies and waste of resources. Assessment of Structures and Profitability of Milk Distribution and Retailing in Kenya The Kenya Dairy Board commissioned KIPPRA to undertake an Assessment of Structures and Profitability of Milk Distribution and Retailing in Kenya. The study sought to identify structures (pathways) and profitability margins for the various stakeholders involved in distribution and retailing of milk in Kenya. The main objective is to assess the structures and profitability in distribution and retailing of processed milk in Kenya. Additionally, the study covered the distribution and retailing network, between the factory and presentation of products to the consumer at retail level. This will cover UHT and pasteurized milk in major urban centres of Nairobi, Mombasa, Nakuru, Kisumu and Eldoret. Issue 12, No. 4 | Apr - Jun 2021 39 KIPPRA KIPDRPeoRgmAioe Dnstaeilcmand-Driven and Collaborative Research Projects NEWS Designing Development of an Integrated Demand Forecasting Tool for Petroleum Products KIPPRA supported the development of an integrated demand-forecasting tool for petroleum products for Energy and Petroleum Regulatory Authority (EPRA). The tool is expected to forecast the consumption of regulated petroleum products in Kenya in the short and long term, including that of Liquefied Petroleum Gas (LPG). The oil price forecasts will play an important role in assessing the future developments of pipelines, storage facilities, common user petroleum and gas facilities, among others, and also other economic activities in Kenya and its trading partners, with implications for country’s terms of trade. Kenya National Leather Policy KIPPRA supported the Kenya Leather Development Council (KLDC) and the Ministry of Agriculture, Livestock, Fisheries and Cooperatives to develop the first Kenya National Leather Policy, now ready for validation by the stakeholders. The formulation of the policy was evidence-based, including review of past and existing interventions to appreciate historical development of the sector with the aim of identifying constraints and opportunities. Insights to inform the policy are also drawn from players and leather experts. The policy process was also informed by analysis of the sector relevant data and review of experiences from other countries that have successfully transformed the leather sector into a major source of employment, exports, and income generation. The analysis of policy actors and their roles will also guide in identifying constraints and opportunities, and clear responsibilities for implementation of the policy interventions once approved. This policy is critical in informing the realization of Kenya’s Vision 2030 and the “Big Four” Agenda, which aims to increase Kenya’s manufacturing contribution to GDP from 9.2 per cent in 2016 to 15 per cent in 2022 with focus on sectors such as textiles and apparel, leather processing and construction materials. B. Collaborative Projects Children Sensitive Planning and Budgeting, Public Finance for Children (PF4C): From Evidence to Policy Project Since the inception of the UNICEF supported Child Sensitive Planning and Budgeting programme in 2017, the Institute has produced various outputs. These include training of trainers, training of county staff, and dissemination of county budget briefs, and county poverty profiles. The purpose of PFM4C: From evidence to policy is to offer: (i) Technical assistance to county governments to implement recommendations of the budget briefs, Public Expenditure and Financial Accountability (PEFA) and poverty profiles for improved service delivery; (ii) Transitioning UNICEF County level support to be fully reflected on plans and budgets. 40 Apr - Jun 2021 |Issue 12, No.4 KIPPRA KIPDRPeoRgmAioe Dnstaeilcmand-Driven and Collaborative Research Projects NEWS The programme is being implemented under the Joint Devolution Programme (JDP) support for counties and through National Level activities that will impact all the 47 counties and relevant child sensitive sectors. The focus sectors include: 1) National Public Finance Management; 2) Health; 3) Education; 4) Water sanitation and Hygiene (WASH); 5) Child Protection; 6) Social protection; 7) Nutrition. The Domestic Savings Shortfall in Sub-Saharan Africa: What Can Be Done About It? KIPPRA in collaboration with UNU-WIDER is working on a book on savings titled “The Domestic Savings Shortfall in Sub-Saharan Africa: What Can Be Done About It?” This is motivated by the need to increase domestic savings’ rates in Sub-Saharan Africa for economic growth to be realized. The book intends to close a gap in knowledge about: drivers of domestic savings rates in Sub-Saharan Africa; whether alternative approaches, such as pension funds or fintech, could provide new solutions to increase domestic savings; and lessons learnt from the experiences so far in different countries in Sub-Saharan Africa and other regions that have been more successful in raising savings rates. The findings of the research will be in tandem to the Addis Ababa action agenda of the United Nations on financing for development, which provides a new global framework for financing sustainable development by aligning all financing flows and policies with economic, social and environmental priorities. Prospective Collaborative Work with Brookings Institute on Cities KIPPRA, in collaboration with Africa Growth Initiative at Brookings Institution, is conducting research on Urban Economic Growth in Africa: A case study of Nairobi city. The study is at the inception stage and aims at addressing the challenges faced by the urban population in Nairobi, including lack of productive jobs, inadequate housing, low levels of accessibility, and high costs relative to development. The study will develop a framework detailing the primary constraints to Nairobi city’s ability to benefit from agglomeration and generate productive jobs-accessibility, business environment, and public sector governance. Issue 12, No. 4 | Apr - Jun 2021 41 KIPPRA EVENTS Kenya Think Tanks hold a Symposium to Deliberate on their Role in Supporting Recovery from COVID-19 KIPPRA, in partnership with Kenya Think Tanks, held the 2nd Kenya Think Tanks Symposium on 15th April 2021. The successful virtual symposium brought together representatives of more than 50 Kenyan think tanks, government officials and representatives from research and learning institutions. The event was graced by the National Treasury and Planning Chief Administrative Secretary Hon. Eric Wafukho who represented the Cabinet Secretary, National Treasury and Planning, Hon. Ukur Yatani. KIPPRA Board of Directors also actively participated in various sessions of the symposium, led by the Chairperson Dr Linda Musumba. The symposium, whose theme was Building Back Better: The Role of Think Tanks in Supporting Recovery from COVID-19, gave an opportunity for think tanks to reflect on their role in supporting recovery from COVID-19 pandemic. Among the topics of discussion at the symposium were: conducting adaptive policy research in times of crises; capacity development and knowledge management in the COVID-19 era; communication, lobbying and advocacy during COVID-19 era; and reforming public policy and legislation during COVID-19 era. To effectively play a key role in supporting recovery from COVID-19 pandemic, Think Tanks were urged not to work in silos and instead embrace partnerships and cross-sectoral collaboration. In his keynote address, Hon. Wafukho appreciated think tanks for their tireless work in generating evidence necessary for policy making and reaffirmed the government’s commitment to evidence-based policy making as a sure way to drive the development agenda. On her part, the KIPPRA Executive Director, Dr Rose Ngugi, explained the importance of the symposium as a platform that helps think tanks to synergize in supporting policy makers with ideas and evidence gathered. The event also saw the launch of a book titled: The Future of Think Tanks and Policy Advice Around the World. Dr. Ngugi contributed a chapter to the book. 42 Apr - Jun 2021 |Issue 12, No.4 KIPPRA EVENTS The 4th KIPPRA Annual Regional Conference, 23rd-25th June 2021 KIPPRA hosted the 4th KIPPRA Annual Regional Conference from 23rd to 25th June 2021. The hybrid conference themed “Science, Technology, and Innovation (ST&I) in Enhancing Delivery of Big Four Development Agenda” took place at the Bomas of Kenya, with most participants joining virtually in adherence to COVID-19 protocols. KIPPRA hosted the conference in collaboration with other key stakeholders, including the National Commission for Science Technology and Innovation (NACOSTI) alongside delegates comprising officials from national and county governments, representative of national authorities from regional economic blocs, regional think tanks, and development partners, civil society, persons with disability and other interests groups. The conference brought together stakeholders to exchange views on policy options and measures pertaining the role of ST&I in guiding the country’s transition to a knowledge driven economy that supports the realization of the “Big Four” agenda. There was also a youth side event which brought together youth and stakeholders to discuss how to harness the contribution of youth in Science, Technology and Innovation. The conference was graced by CAS The National Treasury and Planning, Hon. Eric Wafukho, CAS Ministry of Education Dr Sara Ruto, Secretary, Housing Mr Patrick Bucha, Economic Planning Secretary at the State Department of Planning Ms Katherine Muoki, KIPPRA Board Chairperson Dr Linda Musumba, KIPPRA Board Directors and KIPPRA Executive Director Dr Rose Ngugi. The CAS The National Treasury and Planning, Hon. Eric Wafukho, in his keynote address noted that the recommendations of the 4th KIPPRA Annual Regional Conference would inform government policy and future plans. The CAS Dr Sara Ruto stated that the Ministry of Education has developed policy to help align human capital development to the Kenya Vision 2030 and the constitution. KIPPRA Board Chairperson Dr Linda Musumba reiterated KIPPRA’s commitment to undertake quality public policy research and analysis while Dr Ngugi, on her part, thanked partners and delegates for making the 4th KIPPRA Annual Regional Conference a success. The conference covered eight (8) thematic areas on Science, Technology and Innovation, namely: Status of ST&I in Kenya; policy, institutional and legislative framework; development of human capital; building a strong innovation system; infrastructure (access to ICT, roads, energy and water as enablers of ST&I) cross cutting issues (availability and use of ST&I statistics, gender perspective in technology and innovation, technologies to able the PWDs) building resilience with ST&I; industrialization and ST&I. The conference was officially closed on 25th June 2021 by Hon. Eric Wafukho. Issue 12, No. 4 | Apr - Jun 2021 43 KIPPRA EVENTS Delegates follow the proceedings of 4th KIPPRA A panel discussion on Gender, Youth and PWDs CAS, The National Treasury and Annual Regional Conference at the 4th KIPPRA Annual Regional Conference Planning Hon.Eric Wafukho addresses delegates at the 4th KIPPRA Annual Regional Conference CAS, Ministry of Education Dr Ms Katherine Muoki , Economic KIPPRA Board Chairperson Dr KIPPRA Executive Director Dr Sara Ruto gives her keynote Planning Secretary at State Linda Musumba, chairs a plenary Rose Ngugi addresses delegates at address at the 4th KIPPRA Department of Planning session on Agriculture at the the 4th KIPPRA Annual Regional Annual Regional Conference addresses delegates at the 4th KIPPRA Annual Regional Conference 4th KIPPRA Annual Regional Conference Conference KIPPRA Recognized for Exemplary Performance in Compliance with 2020/21 PC Guidelines on National Cohesion and Values KIPPRA was awarded a certificate by the Directorate of National Cohesion and Values in recognition for the exemplary performance in compliance with the 2020/21 performance contracting guidelines. The award of certificate ceremony took place on 17th June 2021 at the KIPPRA offices and was attended by KIPPRA Executive Director, Dr Rose Ngugi and Secretary, National Cohesion and Values, Mr Josiah Musili. KIPPRA was ranked the best in the State Corporations category. Mr Josiah Musili congratulated KIPPRA and urged the Institute to continue upholding the national values and principles of governance. Dr Ngugi, on her part, reiterated KIPPRA’s commitment to upholding the national values and principles of governance and promised to continue collaborating with the Directorate of National Cohesion and Values. 44 Apr - Jun 2021 |Issue 12, No.4 KIPPRA EVENTS KIPPPRA Executive Director Dr Rose Ngugi KIPPRA Executive Director Dr Rose Ngugi and KIPPPRA Executive Director Dr Rose and Secretary, National Cohesion and Values Secretary, National Cohesion and Values Mr Ngugi and Secretary, National Cohesion Mr Josiah Musili pose for a group photo with Josiah Musili pose for a group photo and Values Mr Josiah Musili pose for a KIPPRA National Values Committee Members group photo with KIPPRA National Values Committee Members. KIPPRA Carries out Capacity Building Needs Assessment of the counties, 8th-17th June, 2021 KIPPRA undertook capacity building needs assessment of the counties from 8th June to 17th June 2021. The exercise brought together officers from all the 47 counties and gave KIPPRA an opportunity to understand the capacity building needs of the counties. This exercise is in line with KIPPRA’s mandate of developing capacities in public policy research and analysis, and assisting the Government policy formulation and implementation. Participants engage in a group discussion Participants engage in group discussion KIPPRA’s Dr Nancy Nafula addresses participants at at Capacity Building Needs Assessment at the Capacity Building Needs the Capacity Building Needs Assessment exercise in exercise in Machakos Assessment exercise in Machakos Kakamega Issue 12, No. 4 | Apr - Jun 2021 45 KIPPRA EVENTS Partnerships KIPPRA Signs MoU with National Land Commission on Mutual Areas of Collaboration KIPPRA signed a Memorandum of Understanding (MoU) with the National Land Commission on 4th May 2021. The MoU defines areas of collaboration between the two institutions, which include undertaking joint research, capacity building for members of staff, joint publications on areas of mutual interest, responding to calls for joint research and engagement for policy influence, among others. The signing ceremony of the MoU was attended by KIPPRA Executive Director, Dr Rose Ngugi, National Land Commission Ag. CEO Ms Kabale Tache, and National Land Commission Commissioner, Hon. Esther Murugi. KIPPRA Executive Director Dr Rose Ngugi (right) and National KIPPRA Executive Director Dr Rose Ngugi (right) NLC Commissioner Hon Land Commission Ag. CEO sign the MOU Esther Murugi (centre) and NLC Ag. CEO pose for a group photo with members of staff from both institutions after the signing of the MOU KIPPRA Executive Director Dr Rose Ngugi (right) hands over some of KIPPRA’s publications to NLC Commissioner Hon Esther Murugi (centre) and NLC Ag.CEO Ms Kabale Tache. 46 Apr - Jun 2021 |Issue 12, No.4 KIPPRA EVENTS KIPPRA, NSSF Sign MoU on Areas of Collaboration KIPPRA and the National Social Security Fund (NSSF) signed an MoU defining areas of collaboration between the two institutions, which include undertaking joint research on areas of mutual interest, undertaking both human and institutional capacity building, plan and hold joint policy seminars and conferences, holding of joint research workshops to disseminate research findings, and development of various policies, among others. The signing ceremony of the MoU was attended by KIPPRA Executive Dr Rose Ngugi and NSSF CEO/ Managing Trustee Dr Antony Omerikwa. Dr Rose Ngugi, in her remarks, noted that KIPPRA was committed to its mandate of developing capacities in public policy research and analysis and assisting the Government in policy formulation and implementation and would continue to collaborate with different institutions with the main aim of promoting achievement of national development goals. Dr Omerikwa, on his part, welcomed the signing of the MoU and reiterated NSSF’s commitment to making the collaboration a success. Upcoming Events Industries without smokestacks (IWOSS) dissemination workshop, 27th July,2021. Issue 12, No. 4 | Apr - Jun 2021 47 48 ABOUT KIPPRA The Kenya Institute for Public Policy Research and Analysis (KIPPRA) is an autonomous institute whose primary mission is to conduct public policy research leading to policy advice. KIPPRA’s mission is to produce consistently high-quality analysis of key issues of public policy and to contribute to the achievement of national long-term development objectives by positively influencing the decision making process. These goals are met through effective dissemination of Bishops Garden Towers, Bishops Road recommendations resulting from analysis and by training policy PO Box 56445, Nairobi, KenyaTel: +254 20 2719933/4; Fax: +254 20 analysts in the public and private sectors. KIPPRA therefore produces 2719951 a body of well-researched and documented information on public Email: monitor@kippra.or.ke policy, and in the process assists in formulating long-term strategic Website: http://www.kippra.org perspectives. KIPPRA serves as a centralized source from which the Twitter: @kipprakenya Government and the private sector may obtain information and advice on public policy issues. KIPPRA acknowledges generous support from the Government of Kenya and the Think Tank Initiative (TTI) of IDRC. The TTI is a collaborative initiative of Hewlett Foundation, International Development Research Centre (IDRC) and other partners. Other organizations are welcome to contribute to KIPPRA research either as core support, or support to specific projects, by contacting the Executive Director, KIPPRA. Send to us your comments on the articles published in this newsletter and any other aspects that may help to make the KIPPRA Policy Monitor useful to you. This may include policy issues you would like KIPPRA to prioritize. N PR AIN TC II OPL NES A O LF G VO AV LE URN EA SN C &E www.kippra.or.ke Get your Copy from KIPPRA Now!