Contents Notes ACRONYMS 3

Consolidating National Cohesion and Integration in Kenya.72

Notes


ContentsACRONYMS................................................................................................................................................... 3FOREWORD.................................................................................................................................................. 4PREFACE....................................................................................................................................................... 5ACKNOWLEDGEMENTS.............................................................................................................................. 6EXECUTIVE SUMMARY................................................................................................................................ 7Introduction......................................................................................................................................................7

The strategic planning process ...................................................................................................................... 7

The consultation process................................................................................................................................ 8

The context of analysis....................................................................................................................................8

The frameworks for national cohesion and integration ...................................................................................9

The global trends ............................................................................................................................................ 9

Other frameworks.......................................................................................................................................... 10

The stakeholder analysis ...............................................................................................................................10

The critical strategic issues............................................................................................................................13

The key result areas.......................................................................................................................................15

Monitoring and evaluation ............................................................................................................................. 15

Strategic plan costing .................................................................................................................................... 15

Conclusion .................................................................................................................................................... 16

CHAPTER ONE ............................................................................................................................................ 17Background information ................................................................................................................................ 17

1.1. Mandate of NCIC ............................................................................................................................... 17

1.2 Organizational structure for the National Cohesion and Integration Commission ............................. 18

1.3 The strategic planning process ..........................................................................................................19

1.3.1 Preamble ............................................................................................................................................ 19

1.3.2 Consultation process...........................................................................................................................21

CHAPTER TWO........................................................................................................................................... 232.0 Contextual analysis............................................................................................................................. 23

2.1 The cohesion and integration problems in Kenya...............................................................................23

Some of the effects of negative ethnicity ........................................................................................... 23

2.2 The frameworks for national cohesion and integration........................................................................24

2.2.2 The long-term national development agenda (Vision 2030)................................................................24

2.2.3 Agenda Four (4) of the National Accord .............................................................................................25

2.2.4 The National Cohesion and Integration Act (No. 12 of 2008) .............................................................26

2.3 Stakeholder Analysis.......................................................................................................................... 27

CHAPTER THREE ........................................................................................................................................ 313.0 The situation analysis ......................................................................................................................... 31

3.1 External environment ..........................................................................................................................31

3.1.1 Opportunities ......................................................................................................................................31

3.1.2 Threats..............................................................................................................................................31


3.2 Internal environment ..........................................................................................................................32

3.2.1 Strengths ........................................................................................................................................... 32

3.2.2 Weaknesses ...................................................................................................................................... 32

CHAPTER FOUR..........................................................................................................................................334.0 The strategic direction .......................................................................................................................33

4.2 The critical strategic issues ...............................................................................................................33

4.2.1 Unequal distribution of the national resources and services ............................................................ 33

4.2.2 Poor service delivery ........................................................................................................................ 33

4.2.3 Negative ethnicity ..............................................................................................................................34

4.2.4 Poor and inappropriate public policies .............................................................................................. 34

4.2.5 The perpetuation of bad governance policies and practices including lack

of transparency and accountability and political process ................................................................. 34

4.2.6 Increased and unsustainable unemployment levels.......................................................................... 35

4.2.7 Low capacity for research and monitoring of the status and trends of national peace

and stability.........................................................................................................................................36

4.2.8 Limited implementation capacity of NCIC.......................................................................................... 36

4.2.9 Lack of national values to act as the glue which binds Kenyans together as one people................. 36

4.3 The key result areas.......................................................................................................................... 37

CHAPTER FIVE........................................................................................................................................... 545.0 The monitoring and evaluation framework.........................................................................................54

5.1. Broad considerations ......................................................................................................................... 54

CHAPTER SIX...............................................................................................................................................55 Resource mobilization and funding sources ......................................................................................55

CHAPTER SEVEN........................................................................................................................................707.0 Conclusion..........................................................................................................................................70


Notes


CHAPTER SEVEN7.0 Conclusion

This is the fi rst strategic plan for NCIC, which was prepared in a participatory manner recognizing the fact that NCIC clientele is the Kenyan public. The views presented in here capture the spirit of the Kenyan nation in matters related to peace and confl ict resolution through cohesion and integration activities. NCIC, being the fi rst organization of its kind in Kenya, is aware that it will have to travel through challenging paths. This means that the organization will remain fl exible to respond to emerging issues, as may be necessary within the guiding philosophy, as well as the NCIC’s vision and mission and the Act.

This strategic plan should therefore be treated as a living document that will be reviewed on a regular basis, in order to accommodate new issues. With promulgation of the new constitution, the importance of reviewing this strategic plan cannot be overemphasized, as it will bring about new challenges and opportunities.


ACRONYMS

AFRICEC Africa Cutting Edge Consultants

CDF Constituency Development Fund

CEO Chief Executive Offi cer

CIPEV Commission on Investigation on Post Election Violence (Waki Report)

CSOs Civil Society Organizations

ECSR Economic, Social and Cultural Rights

FBOs Faith Based Organizations

GoK Government of Kenya

HoD Head of Department

IEC Information, Education and Communication

IREC Independent Electoral Review Commission (Kriegler Commission)

KNCHR Kenya National Commission on Human Rights

KRA Key Result Areas

LATF Local Authorities Transfer Fund

LSK Law Society of Kenya

M&E Monitoring and Evaluation

MIS Management Information System

MoJNCCA Ministry of Justice, National Cohesion and Constitutional Affairs

MTP Medium Term Plan

NCIC National Cohesion and Integration Commission

NGOs Non-Governmental Organisations

NIMES National Integrated Monitoring and Evaluation System

OVIs Objectively Verifi able Indicators

PC Performance Contracting

PCSC Public Complaints Steering Committee

RBM Result Based Management

SAGAs Semi Autonomous Government Agencies

SLO State Law Offi ce

SP Strategic Plan


FOREWORD

This is the fi rst Strategic Plan (2010 – 2012) of National Cohesion and Integration Commission (NCIC). NCIC is one of the Agenda 4 reform commissions, established after the signing of National Accord and Reconciliation Agreement (NARA – 2008) that saved the country from becoming a failed state as a consequence of the disputed 2007 General Elections. Prior to this, Kenya had experienced political skirmishes in almost all General Elections since 1992. These skirmishes did not receive as much prominence as the 2007/2008 elections, due to their comparatively limited scale. The 2007/2008 political skirmishes assumed a national scale and seemed to underscore deep seated differences that had been simmering over time. Indeed the authorities, including security agencies, were all caught unawares and largely unprepared to manage the crisis. This situation was made worse by the fact that even areas that were always perceived to be peaceful erupted, making it diffi cult for security forces to respond in an effi cient and timely manner.Consequently, over 1,300 people lost their lives while over 600,000 others were displaced from their residential areas as the political crisis turned into ethnic violence. Many properties were razed down, food crops, stores and livestock destroyed, killed or stolen. Business premises were also razed down and looted by the perpetrators of skirmishes leaving owners impoverished with nothing to survive on. Armed militias blocked roads and attacked passenger and business vehicles on highways, killing several people and making road travel impossible. As these violence intensifi ed, it became clear that the confl ict went beyond the disputed elections to other unresolved matters, including historical injustices that dated many decades back. Realizing that the situation in Kenya was likely to deteriorate to levels that would be diffi cult to reverse and aware that Kenya held a strategic position in the Great Lakes Region in security and peace building, the International Community, led by the African Union, intervened through the appointment of Eminent Persons under H.E. Kofi Annan (the immediate former United Nations Secretary General) and including H.E Benjamin Mkapa (former President of Tanzania) and Mrs. Graca Machel (former First Lady of South Africa), to broker a peace accord between the Party of National Unity(PNU) and the Orange Democratic Movement(ODM), the two antagonists in the confl ict. This resulted into the National Accord and Reconciliation Agreement that created the current Grand Coalition Government.The National Cohesion and Integration Commission is mandated to facilitate and promote equality of opportunity, good relations, harmony and peaceful coexistence between persons of different ethnic, colour, religious and racial backgrounds in Kenya and to advice the government thereof. This encompasses analysis of historical injustices that fuel disputes and confl icts amongst citizens of different ethnicities. The main focus is to identify root causes and propose remedies to the government. Ultimately, the NCIC principal role is to protect and promote human rights among all citizens without discrimination, to enhance nationhood.

Mzalendo N. Kibunjia, PhD, EBSCommission Chairman


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PREFACE

The National Cohesion and Integration Commission (NCIC) was established in September 2009, after the NCIC Act No. 12 of 2008 received Presidential Assent. Consequently, the NCIC has embarked on processes of establishing the various operational organs of the Commission. Key amongst them are:

1. Formation of Committees and appointment of Convenors2. Development of work plans and activities3. Development of complaints procedure4. Recruitment of staff

This is a three year strategic plan that is intended to provide a development framework that will guide all the NCIC programmes. It was developed through a participatory process that covered fi ve distinct stages thus:

1. A stakeholders’ meeting which set up the parameters, depth and breadth of the strategic planning process which identifi ed key issues

2. Direct interviews and focused group discussions with key stakeholders, including the commissioners.

3. Provincial consultations that generated regional issues, demonstrating the diversity of these issues in respect of cohesion and integration

4. A one day validation meeting which provided an opportunity for Commissioners to authenticate the proposals made in the Strategic Plan

5. A one day validation meeting with stakeholders that reviewed this Strategic Plan to ensure that the set up parameters, as in 1 above, were achieved.

The Strategic Plan (2010 – 2012) outlines six key result areas in the next three years, which include:

1. Increased knowledge and transformational practice on National Reconciliation Cohesion and Integration.

2. Elimination of all forms ethnic, religious and racial discrimination in Kenya3. Strengthening good governance in the implementation of the new Constitution through emphasis on

equitable access to public resources.4. Promote research and monitoring of the status and trends of national peace and stability and advice

relevant state agencies5. Facilitate the operationalisation of laws, policies and practices that counter ethnic, race and religious

tensions6. NCIC - Organizational Growth and Development.

In this regard NCIC will aggressively pursue peace making as a central outcome of its work.

Mr. Hassan Mohammed, OGW Commission Secretary


ACKNOWLEDGEMENTS

The National Cohesion and Integration Commission wishes to acknowledge the many players that made development of this strategic plan possible.

Our fi rst gratitude goes to the Government of Kenya through the Ministry of Justice, National Cohesion and Constitutional Affairs, through which the Commission is linked to the Government. The Commission is further indebted to the United Nations Development Programme (UNDP), who funded the development of this plan and also played a major role in providing technical and administrative support. In this regard we wish to single out Programme staff at UNDP, who were very instrumental in ensuring that this work was well concluded. Our sincere gratitude also goes to the UKAID and German Technical Cooperation (GIZ), who have continued to support the Commission’s work including this strategic plan. Many thanks to our stakeholders listed in this plan whose generous contributions helped the consultants gather suffi cient information to develop this document.

The Staff of NCIC and the Commissioners must be congratulated for their participation, tolerance and persistence. The value of the support and guidance the consultants received to shape this plan cannot be over emphasized.

Finally, the Commission wishes to thank AFRICEC International for facilitating the development of this docu-ment. There are many others who played various roles whom we may not have mentioned by name and to all of them we say “Thank you very much!”

Research, Policy and Planning Committee


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EXECUTIVE SUMMARY

IntroductionThe National Cohesion and Integration Commission (NCIC) was established under the National Cohesion and Integration Act No. 12 of 2008. It is one of the Agenda Four (4) Commissions created by the National Peace Accord. The overall mandate of the commission is to facilitate and promote equality of opportunity, good relations, harmony and peaceful coexistence between persons of different ethnic and racial back-grounds in Kenya and to advice the government with recommendations on possible interventions.

The Commission consists of 12 commissioners, approved by Parliament, of whom one is the Chairperson appointed by the President. Three of the commissioners are Ex-Offi cio members namely:

i. The Chairperson of The Kenya National Commission on Human Rights ii. The Chairperson of National Commission on Gender and Development and iii. The Chairperson of Public Complaints Standing Committee (Ombudsman).

This Commission became operational in September 2009 and is organized around four committees thus:

i. The Administration and Finance Committeeii. The Education, Information and Communications Committeeiii. The Research , Policy and Planning Committeeiv. The Enforcement Complaints and Legal Committee

These are supported by a strong Secretariat headed by the Commission Secretary who is also the Chief Executive. Through the support provided by Heads of Departments and other senior staffers the Chief Executive manages the day today affairs of the Commission.

The strategic planning process

This is a three year strategic plan for the Commission. It fl ows from the overarching development framework of the country (The Vision 2030) which envisages Kenya becoming a middle income country by the year 2030. The development of this Strategic Plan embraced a broader view of the socio-economic, socio-cultural and socio political environments in which the Commission operates. At the centre of this process was a participa-tory approach, which was used to generate ideas, various views from stakeholders, which were negotiated, and agreements made through consensus among staff, commissioners, key stakeholders and the public dur-ing the provincial consultations. In developing the strategic plan, NCIC was cognizant of the fact that:

i. The Government of Kenya has been undertaking a series of reforms aimed at enhancing quality, effi ciency and transparency in service delivery in public sector institutions. Among the key reforms is the cohesion and integration of communities that are domiciled in the same geographical areas even though they may hail from different ethnic backgrounds.


ii. The strategic plan must be aligned to the Vision 2030 in spirit and content and should be in line with the new Constitution.

iii. The strategic plan is required not only for effective programming, but also for ensuring the realisation of the NCIC organization’s goals and objectives in the dynamic environment in which it operates.

The consultation process

The consultation process for this strategic plan was fi ve pronged, thus:

i. A one day launch meeting with the stakeholders. This meeting set up the parameters, depth and breadth of the strategic plan process and was also used to tease out the key issues.

ii. Direct interviews with key stakeholders including, the commissioners. This was used mainly to capture the views of key stakeholders.

iii. Provincial consultations that generated regional issues, demonstrating the diversity of these regions with respect to cohesion and integration. Over 200 people from the four regions were consulted. These included government offi cials, Civil Society Organizations, religious organizations that included the major Kenyan religions – Christian, Muslim and Hindu.

iv. A one day validation meeting with stakeholders to enrich the strategic plan in line with the terms of reference.

v. A fi nal validation meeting with the commissioners. This provided an opportunity to authenticate proposals made in the strategic plan and also to build ownership of the strategic plan (SP).

The context of analysis

This strategic plan is designed within the context of the Post Election Violence (PEV) that deeply divided the country along ethnic lines. These divisions brought the country to the edge of becoming a failed state. Consequently a need has strongly emerged for the promotion of national values that will instill nationalism. The key and underpinning value being “what do we as Kenyans prize ourselves for?” Inherent in this are the key drivers of NCIC, encompassing national cohesion, which must ensure that Kenyans accommodate each other and are able to negotiate for space in an amicable manner. It also entails integration, where Kenyans of different ethnicities, culture, religion and/or professions can interact and coexist without any group feeling discriminated against, to curb negative attitudes and actions.

Increasingly, negative ethnicity, which is mainly driven by ethnic-based discrimination, has become one of the challenges the country must confront. Ethnic polarization has been worsened by political entrepreneurs, who mobilize by preying on ethnic related grievances and insecurities. Based on past experience, many view the ascendancy of their own ethnic kin to the presidency as the best assurance to access socio economic benefi ts. This calls for concerted efforts to counter this jingoism as it is a key area of focus for the Commission. As a diverse nation of over forty ethnic and racial communities and different religions and faiths, a change of attitude is urgently called for as un-negotiated necessity for the success of all initiatives promoting cohesion and integration by the NCIC.


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The frameworks for national cohesion and integration The global trends

Global experiences on national cohesion and integration are dotted all over the world with a few sticking out as international examples.

Table 1: demonstrates some of the cohesion and integration efforts globally:


Other frameworks

i. The long term National Development Agenda (Vision 2030) that envisages Kenya becoming a middle income country where citizens shall be at peace with each other, their neighbors and the entire international community being driven by a prosperous economy and a developed industrial sector and a strong well trained human capacity

ii. Sustainable implementation of Agenda Four(4)-The National Peace Accord andiii. The National Cohesion and Integration Act (No. 12 of (2008).

The stakeholder analysis

This is an important part of this strategic plan as it identifi es the key players with whom NCIC will regularly interact. NCIC key stakeholders include individuals, groups, communities, companies and government institutions whose actions in one way or the other affect the advancement of national cohesion and integration in the country. These stakeholders are divided in three categories, being primary, secondary and tertiary stakeholders.

The primary stakeholders include direct benefi ciaries of NCIC services, such as State policy organs, development practitioners, minorities and individual complainants.

The secondary stakeholders comprise of groups who are tasked directly or indirectly in the promotion of National Cohesion and Integration in Kenya e.g. Judiciary, Police, Gender Commission, TJRC, KNCHR, IIEC, IIBRC, NGOs etc.

The tertiary stakeholders include those organizations that collectively provide NCIC with an enabling environment for the Commission to work. They include the parent ministry (MOJNCCA,) and donors. The detailed stakeholder’s analysis is contained in table 2: below.


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vuln

erab

le, m

argi

naliz

ed a

nd

min

oriti

es

1,00

0,00

0 2,

000,

000

500,

000

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ectio

n of

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ctor

al s

yste

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r

to g

ener

al e

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to a

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tain

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ess

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ng s

o th

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onfli

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lt of

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tions

is e

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cate

d.

1,00

0,00

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vene

dis

cuss

ion

foru

ms

with

Mag

istra

tes

and

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es o

n be

st

judi

cial

pra

ctic

es

3,00

0,00

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ular

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tings

, dis

cuss

ion

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ms

and

wor

ksho

ps w

ith th

e

IEB

C a

nd s

ecur

ity a

genc

ies.

1,50

0,00

0 2,

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3,00

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0

Sub-

Tot

al

54,0

40,0

00.0

0

106,

000,

000.

00

79,

000,

000.

00


Elim

inat

ing

all f

orm

s of

disc

rim

inat

ion

alon

g et

hnic

, rac

ial

and

relig

ious

line

s, w

hile

dev

elop

ing

and

enco

urag

ing

educ

atio

nal

prog

ram

mes

and

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ia c

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igns

to th

at e

nd

1,50

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earc

h pr

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ts, e

duca

tion

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t int

o po

licy

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ent

3,00

0,00

0 30

,000

,000

30

,000

,000

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aren

ess

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paig

ns

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0 1,

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ning

and

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ram

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y

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ort t

o ac

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ic a

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sear

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itutio

ns th

roug

h re

sear

ch

proj

ects

3,00

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itorin

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the

gove

rnan

ce

impl

emen

tatio

n pr

oces

s.

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ging

in c

omm

unity

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ice

initi

ativ

es

3,00

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ion

plan

for c

ivic

edu

catio

n

on n

atio

nal v

alue

s

5,00

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000,

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imum

of 5

00 y

outh

trai

ned

in n

atio

nal v

alue

s in

eac

h of

the

47

Cou

ntie

s

10,0

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15,0

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ual o

n N

atio

nal v

alue

s tr

aini

ng

2,00

0,00

0 2,

000,

000

2,00

0,00

0


Consolidating National Cohesion and Integration in Kenya.12 Consolidating National Cohesion and Integration in Kenya.61

KR

A 3

: S

tren

gthe

ning

Goo

d G

over

nanc

e in

clud

ing

the

impl

emen

tatio

n of

the

new

con

stitu

tion,

tran

spar

ency

and

acco

unta

bilit

y to

faci

litat

e eq

uita

ble

acce

ss to

nat

iona

l res

ourc

es

To e

nsur

e fa

ir ac

cess

to n

atio

nal r

esou

rces

by a

ll in

clud

ing

min

oriti

es, t

he

mar

gina

lized

and

the

disa

dvan

tage

d.

Incr

ease

d eq

uita

ble

enjo

ymen

t of n

atio

nal

reso

urce

s by

div

erse

ethn

ic r

acia

l , re

ligio

us

grou

ps a

nd p

erso

ns o

f all

soci

al o

rigin

s

Und

erta

ke m

appi

ng o

f key

chan

ge/o

pini

on m

aker

s in

47

coun

ties

8,04

0,00

0 3,

000,

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2,00

0,00

0

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ning

s fo

r pol

ice,

Jud

ges

and

Adm

inis

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n pe

rson

nel

3,00

0,00

0 3,

000,

000

3,00

0,00

0

Enga

ging

with

the

proc

ess

of

impl

emen

ting

the

devo

lved

gove

rnan

ce s

truct

ure

2,00

0,00

0 2,

500,

000

2,50

0,00

0


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mun

ity b

ased

foru

ms

for

dial

ogue

and

med

iatio

n

5,00

0,00

0 10

,000

,000

5,

000,

000

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blis

hmen

t of m

echa

nism

s fo

r

arbi

tratio

n, re

conc

iliat

ion

and

med

iatio

n

1,00

0,00

0 1,

500,

000

1,00

0,00

0

Dev

elop

men

t of a

nat

iona

l pol

icy

and

advo

cacy

pla

tform

for

reco

ncili

atio

n, c

ohes

ion

and

inte

grat

ion

1,00

0,00

0 2,

000,

000

1,00

0,00

0

Sub-

Tot

al

25,0

00,0

00

30,5

00,0

0021

,500

,000


The critical strategic issues

Based on literature review, regional consultations conducted in representative sample areas constituting Western, Upper Eastern, Coast and North Rift and direct interviews conducted with key stakeholders, issues that have continued to fan and perpetuate confl ict and destroy the harmonious co-existence amongst Kenyans of different ethnicity and even from same ethnic backgrounds emerged as follows:

1. Unequal distribution of the national resources and services 2. Poor service delivery 3. Increased levels of negative ethnicity 4. Poor and inappropriate national policies and practices 5. Perpetuation of bad governance policies and practices 6. Lack of transparency and accountability in electoral and other processes


7. Decreased employment opportunities and unsustainable unemployment levels 8. Low capacity for research and monitoring of the status and trends of national peace and stability and lack of appropriate advice to the relevant state agents. 9. Limited implementation capacity of NCIC.

OUR VISION

A Peaceful, United, Harmonious and Integrated Kenyan Society

OUR MISSION

To facilitate and promote a Kenyan society whose values are harmonious and

non- discriminatory for peaceful co-existence and integration

OUR MANDATE

To facilitate and promote equality of opportunity, good relations, harmony and peaceful coexistence

between persons of different ethnic and racial backgrounds in

Kenya and to advice the government thereof.

OUR OVERALL GOAL

To eliminate all forms of ethnic, racial and religious discrimination in the

Kenyan society through nationwide increase in knowledge and practice on integration and cohesion

through civic education in the country

OUR OBJECTIVES AND KEY RIGHTS

1. To promote factors enshrined in the Bill of Rights of the Constitution of Kenya related to elimination of discrimination, tolerance, acceptance and respect for diversity as well as peace and harmony 2. To investigate complaints of ethnic, religious and racial discrimination and make referrals to redress to other organs of government3. To monitor and make recommendations to the government and to public and private sector organizations on factors hindering the development of harmony amongst communities4. To undertake research and studies and make recommendations to government on key issues around cohesion and integration in the country.


Incr

ease

d ac

cept

ance

,

tole

ranc

e an

d ap

prec

iatio

n

of e

thni

c di

vers

ity b

y al

l

ethn

ic g

roup

s, ra

cial

and

relig

ious

gro

ups

and

pers

ons

of a

ll co

lour

in

the

Ken

yan

soci

ety.

Soci

al a

udits

and

adv

isor

ies

on

serv

ices

pro

ne to

in-e

quity

in a

cces

s.

500,

000

2,00

0,00

0 2,

000,

000

Aw

aren

ess

rais

ing

sess

ions

on

the

man

date

of t

he C

ohes

ion

Com

mis

sion

;

5,00

0,00

0 3,

000,

000.

00

2,00

0,00

0

Publ

ish

of a

list

of n

ames

of p

erso

ns

or in

stitu

tions

who

se a

ctio

ns h

ave

cont

ribut

ed to

war

ds u

nder

min

ing

cohe

sion

and

inte

grat

ion

in th

e

coun

try (N

amin

g an

d Sh

amin

g)

500,

000

500,

000

500,

000

Prod

uctio

n of

spe

cial

repo

rts o

n

reso

urce

dis

tribu

tion

whi

ch c

ould

be

used

as

an a

dvoc

acy

tool

3,00

0,00

0 2,

500,

000

2,00

0,00

0


Lob

by fo

r int

egra

tion

of n

atio

nal

valu

es in

sch

ool c

urric

ulum

from

prim

ary

to U

nive

rsity

leve

l

2,00

0,00

0 2,

000,

000

2,00

0,00

0

Sub-

Tot

al

79,5

00,0

0010

2,50

0,00

075

,000

,000

KR

A 2

: The

elim

inat

ion

of a

ll fo

rms o

f dis

crim

inat

ion

(eth

nic,

rac

ial,

soci

al o

rigi

n, r

elig

ious

) in

Ken

ya

To e

nsur

e in

crea

sed

obse

rvan

ce o

f

Coh

esio

n an

d

Inte

grat

ion

Prac

tices

in th

e ru

nnin

g of

publ

ic a

ffai

rs

Incr

ease

d en

joym

ent o

f

right

s an

d pr

ivile

ges

by a

ll

ethn

ic a

nd s

ocia

l orig

in,

raci

al a

nd re

ligio

us g

roup

s

and

pers

ons

of a

ll co

lour

s

resi

ding

in

the

coun

try

Dev

elop

men

t of a

com

preh

ensi

ve

natio

nal d

atab

ase

of in

cide

nces

and

perp

etra

tors

of e

thni

c an

d ra

ce

rela

ted

crim

es

4,00

0,00

0 3,

000,

000

3,00

0,00

0

Incr

ease

d en

forc

emen

t of

ethn

ic (r

ace,

relig

ion,

soci

al o

rigin

) bas

ed

disc

rimin

atio

n la

ws,

polic

ies

and

prac

tices

by

stat

e ag

enci

es.

Con

duct

eth

nic

audi

t with

in p

ublic

and

gove

rnm

ent i

nstit

utio

ns…

5,00

0,00

0 6,

000,

000

5,00

0,00

0


OUR CORE VALUES

1. Independence2. Objectivity in dealing with issues around ethnic discrimination3. High levels of integrity4. Open door policy5. Affi rmative action around the vulnerable and minorities6. Inclusivity to all forms of diversity7. High degree of accountability and transparency8. Tolerance to varied opinions, beliefs and aspirations

The Key Result Areas

The NCIC will in the period of the current strategic plan focus its energy and resources towards realizing the following Key Results Area (KRAs):

KRA 1: Increased knowledge and transformational practice on National Reconciliation Cohesion and IntegrationKRA 2: Elimination of all forms of discrimination on basis of ethnic, racial, religious and social origin in KenyaKRA 3: Strengthening Good Governance in the implementation of the new Constitution through emphasis on equitable access to public resourcesKRA 4: Promote research and monitoring of the status and trends of national peace and stability and advise relevant state agenciesKRA 5: Facilitate operationalisation of laws, policies and practices that counter ethnic, racial and religious tensionsKRA 6: NCIC - Organizational growth and development

Monitoring and evaluation

The NCIC will develop a Monitoring & Evaluation mechanism that will embrace indicators at input, output, outcome and impact levels. The indicators to be selected will ensure that information to be collected is available. Reporting will be done monthly, quarterly, half yearly and annually. The annual statutory report presented to the National Assembly will aim to outline the achievements by NCIC in the year. Strategic plan costing

A detailed cost plan is presented in Table 5, which projects that in the next three years, NCIC will require KShs. 1.23 billion to implement its programmes successfully.


Conclusion

This is the fi rst strategic plan of the NCIC. It was prepared in a participatory manner, recognizing the fact that the NCIC clientele is the Kenyan public. The views presented here represent the spirit of the Kenyan Nation, in matters related to peace and confl ict management through cohesion and integration activities. It also captures the new spirit generated by the rebirth of the nation through the promulgation of the New Constitution on 27 August 2010.

NCIC being the fi rst Commission of its kind in Kenya is aware that it will have to walk on challenging paths. This means that the organization should remain fl exible to respond to emerging issues and be more responsive. This strategic plan should therefore be treated as a living document that will be reviewed on annual basis in order to accommodate new issues. With implementation of the New Constitution, the importance of reviewing this Strategic Plan (SP) cannot be over emphasized, as it will bring about new challenges.


Hol

d co

unty

and

nat

iona

l you

th a

nd

polic

y m

aker

s co

nfer

ence

on

yout

h

led

cohe

sion

mod

els

10,0

00,0

00

15,0

00,0

00

6,00

0,00

0

Prom

ote

natio

nal

valu

es

thro

ugh

yout

h an

d ch

ildre

n in

itiat

ives

thro

ugh

TV a

nd ra

dio

10,0

00,0

00

15,0

00,0

00

13,0

00,0

00

Spon

sor

scho

ol d

ebat

es,

dram

a an

d

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ic fe

stiv

als

2,00

0,00

0 3,

000,

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0,00

0

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esio

n aw

ards

1,

000,

000

2,00

0,00

0 2,

000,

000

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elop

rec

onci

liatio

n co

hesi

on a

nd

inte

grat

ion

train

ing

mod

ules

fo

r

gove

rnm

ent t

rain

ing

inst

itutio

ns

1,00

0,00

0 50

0,00

0 50

0,00

0


Id

entif

y co

mm

unity

le

ader

s an

d

wor

k w

ith

the

Dis

trict

Pe

ace

Com

mitt

ees

(DPC

s) i

n al

l co

untie

s

on

addr

essi

ng

the

caus

es

and

solu

tions

to e

thni

c vi

olen

ce

5,00

0,00

0 5,

000,

000

2,50

0,00

0

Hol

d m

eetin

gs

with

po

litic

al

lead

ers’

pol

itica

l pa

rties

and

civ

il

soci

ety.

5,00

0,00

0 5,

000,

000

1,50

0,00

0

Cap

acity

-bui

ldin

g fo

r re

leva

nt

natio

nal

stak

ehol

ders

(k

ey

inst

itutio

ns,

polit

ical

pa

rties

, ci

vil

soci

ety

orga

niza

tions

et

c.)

on

addr

essi

ng

ethn

ic

devo

lutio

n

man

agem

ent

chal

leng

es w

ithin

the

ir

soci

etie

s;

2,00

0,00

0 5,

000,

000

10,0

00,0

00

Prom

otin

g na

tiona

l/cro

ss

regi

onal

polic

y di

alog

ue o

n et

hnic

div

ersi

ty

man

agem

ent,

parti

cipa

tion

and

repr

esen

tatio

n

15,0

00,0

00

10,0

00,0

00

10,0

00,0

00

Dev

elop

sim

plifi

ed v

ersi

ons

of t

he

NC

IC A

ct,

com

mis

sion

arti

cles

for

prin

t an

d br

oadc

ast

med

ia,

med

ia

adve

rtis

emen

ts

1,50

0,00

0 1,

500,

000

1,50

0,00

0


CHAPTER ONEBackground information

1.1. Mandate of NCICThe National Cohesion and Integration Commission (NCIC) was established under the National Cohesion and Integration Act No. 12 of 2008 as one of the instruments to respond to the post-election crisis and to foster lasting peace, sustainable development and harmonious co-existence among Kenyans.

The mandate of the Commission is to facilitate and promote equality of opportunity, good relations, harmony and peaceful coexistence between persons of different ethnic, colour religious and racial backgrounds in Kenya and to advise the government thereof. In this regard the Commission is expected to:

a) Promote: i. Elimination of all forms of discrimination on the basis of ethnicity, race, colour or religion ii. Tolerance, understanding and acceptance of diversity in all aspects of national life and full participation

by all ethnic communities in the social, economic, cultural and political life of all communities iii. Respect for religious, linguistic, racial and other forms of diversity in the Kenyan society iv. Equal access and enjoyment by persons of all ethnic communities and racial groups to public or

other services and facilities provided by the Government v. Arbitration, conciliation, mediation and similar forms of dispute resolution mechanisms in order to

secure and enhance ethnic and racial harmony and peace vi. Planning and coordination of educational and training programmes to create public awareness,

support and advance peace and harmony among ethnic and racial communities

These factors are enshrined in new Constitution of the Republic of Kenya (August 2010). Specifi cally, they are amplifi ed in Chapter 4: The Bill of Rights. The rights and fundamental freedoms in this Bill of Rights belong to each individual and are not granted by the State. They also do not exclude other rights and fundamental freedoms not in the Bill of Rights, but recognized or conferred by law, except to the extent that they are inconsistent with Chapter four (4) and subject only to the limitations contemplated by the Constitution.

b) Investigate: i. Complaints of ethnic, colour, religious and racial discrimination and make recommendations to the

Attorney-General, the Human Rights and Equality Commission, or any other relevant authority on the remedial measures to be taken where such complaints are valid on its own accord, or on request from any other institution, offi ce, or person, any issue affecting ethnic, religious and racial relations.

c) Monitor and make recommendations to the Government and other relevant public and private sector bodies on factors inhibiting the development of harmonious relationships between ethnic groups and on barriers to the participation of all ethnic groups in the social, economic, commercial, fi nancial, cultural and political life of other ethnic groups.


d) Undertake relevant research and studies and make recommendations to the Government on any of the issues relating to ethnic affairs including whether ethnic relations are improving or deteriorating.


CHAPTER SIXResource mobilization and funding sources

Table: 3 showing a cost plan of the Strategic Plan

Tabl

e: 3

show

ing

a cos

t pla

n of

the S

trate

gic P

lan

TAR

GET

S O

UTC

OM

ES

AC

TIV

ITIE

S Bu

dget

Am

ount

KSh

s. Y

ear 1

Budg

et A

mou

nt

KSh

s. Y

ear 2

Budg

et A

mou

nt

KSh

s. Y

ear 3

KR

A 1

: In

crea

sed

know

ledg

e and

tran

sfor

mat

iona

l pra

ctic

e on

natio

nal r

econ

cilia

tion

cohe

sion

and

inte

grat

ion

To en

hanc

e the

capa

city

of k

ey ac

tors

to ap

ply

prin

cipl

es o

f

natio

nal r

econ

cilia

tion

cohe

sion

and

inte

grat

ion

Incr

ease

d ap

plic

atio

n of

the k

ey te

nets

of et

hnic

ity

, rac

e, re

ligio

n an

d so

cial

orig

in to

achi

eve

reco

ncili

atio

n co

hesio

n

and

inte

grat

ion

by k

ey

acto

rs

Und

erta

ken

cohe

sion,

reco

ncili

atio

n

and

inte

grat

ion

train

ing

for 4

00

coun

ty le

ader

s /op

inio

n m

aker

s at

natio

nal l

evel

15,0

00,0

00

25,0

00,0

00

15,0

00,0

00

Dev

elop

Info

rmat

ion,

Edu

catio

n an

d

Com

mun

icat

ion

(IEC)

mat

eria

ls an

d

diss

emin

ate

Thes

e will

incl

ude

publ

icat

ion

and

distr

ibut

ion

of

publ

icity

mat

eria

ls su

ch as

billb

oard

s, ba

nner

s, po

sters

, t-s

hirts

,

caps

, pen

s, ca

lend

ar

10,0

00,0

00

15,0

00,0

00

10,0

00,0

00


CHAPTER FIVE5.0 The monitoring and evaluation framework 5.1. Broad considerations

Effective monitoring and evaluation of the activities of the strategic plan are critical functions of delivery. First, these processes will provide essential data and insights for drawing lessons, setting priorities and conducting informed review of the implementation of the strategic plan . Second, they will provide the assurance that resources are used for intended purposes. In the design of a Monitoring &Evaluation Framework, the process of identifying indicators is important since these provide evidence that a certain condition exists, or certain results have ,or have not been, achieved. Monitoring reports usually form an important input to the annual, mid-term, and end-of-programme/project progress reports. In this regard, NCIC makes the following assumptions in selection of performance indicators:

i. Considering the capacity limitations that characterize NCIC as a young organization, the number of indicators chosen will be aligned to the ability of the organization’s systems to meaningfully apply them with reasonable level of dependability. ii. For an indicator to be included, it will be assumed that there exists readily available quality data on that indicator and that data sources for the indicator can be clearly identifi ed. iii. The required data for the selected indicators can readily be collected regularly. iv. The selected indicators will meet the following criteria:

• The data is relevant to users in terms of its timeliness, adequacy, relevance, and accessibility. • Data collection processes are affordable and cost-effective. • It must be possible to disaggregate data on the indicator in desirable classifi cations. • The indicator should be able to help in predicting outcomes and impact with reasonable degree of reliability.

As a matter of principle Monitoring &Evaluation indicators will carry the following characteristics: specifi city, measurability, achievability, reality and time (SMART). A good Monitoring &Evaluation framework must link objectives to strategies and strategies to performance measures which basically include fi nancial inputs, human resource, infrastructure etc.


The commission consists of a Chairperson nominated by the President and eight other commissioners approved by the National Assembly. There are three other commissioners who are ex-offi cio members namely:

i. The Chairperson of The Kenya National Commission on Human Rights ii. The Chairperson of National Commission on Gender and Development and iii. The Chairperson of Public Complaints Standing Committee (Ombudsman)

The NCIC has been operational since September 2009. During this period, annual action plans have been consolidated. These include the following activities:

1. Refi ning the organizational structure thus:

a. Formation of committees, namely:

i. The Administration and Finance Committee ii. The Information, Education and Communication Committee iii. The Research Policy and Planning Committee iv. The Enforcement, Complaints and Legal Committee

b. The establishment of the Secretariat with a Chief Executive Offi cer supported by heads of department outlined above and recruitment of technical and administration staff.

2. Induction of Commissioners and staff through alignment workshops, team building events, exposure tours - both internal and outside Kenya (South Africa, Britain, Northern Ireland and Australia)

3. Development of this strategic plan including consolidation of the core programmes.

1.3 The strategic planning process

1.3.1 Preamble

This is a three year Strategic Plan for the Commission. It captures the spirit and content of the new constitutional dispensation, with specifi c reference, but not exclusively, to the following chapters:

Chapter Content Area

One(1) Sovereignty of the people section one(1)

Two(2) In reference to sections nine(9) – National Values and principles of governance

Three(3) Entitlements of citizens section twelve(12) Sub section (a)

Four(4) Section nineteen(19) sub sections 1-3 in reference to rights and fundamental

freedoms

Six (6) Section seventy three (73 ) sub section 2(a-(e)


Eleven(11) In reference to Section 174(b), (e) and (g) thus; to foster national unity, protect the

rights and interests of minorities and ensure equitable sharing of national and local

resources throughout Kenya.

It fl ows from the overarching development framework of the country (The Vision 2030), which envisages Kenya becoming a middle income country by the year 2030. The development of the strategic plan took a broader view of the socio-economic, socio-cultural and socio political environments in which the Commission operates. A participatory approach generating ideas, various views from stakeholders was employed and agreements were reached through consensus building among Commissioners, Commission staff and key stakeholders through consultations in the provinces. In developing the strategic plan, NCIC has been cognizant of the following:

1. That the Government of Kenya has been undertaking a series of reforms aimed at enhancing quality, effi ciency and transparency in service delivery in public sector institutions.

Among the key reforms is the cohesion and integration of communities that are domiciled in the same geographical area even though they may hail from different ethnic backgrounds. In this regard, the strategic plan is the cornerstone for the design and development of programmes that will enhance peace building and harmonious co-existence of all ethnic groups in private and public sector institutions.

2. The Development of the Kenya Vision 2030 has necessitated that all public institutions align their strategic plans to Vision 2030 and in particular the Medium Term Plan 2008 – 2012 of the Vision 2030. This being the fi rst NCIC strategic plan (2010 – 2012) it is important to capture the critical tenets of the Vision 2030 for the successful operationalisation of its mandate and creation of the requisite credibility for the organization.

3. Strategic planning is required not only for effective programming but also for ensuring the realisation of the NCIC organization’s goals and objectives in the dynamic environment in which it operates. It is important to the NCIC because of the following reasons:

a) To enable the NCIC to fulfi l its mandate of promoting national cohesion and integration in Kenya

b) To assist all NCIC staff members to understand the pertinent strategic issues and be committed to the attainment of the set objectives

c) To enable the NCIC to deploy it resources effi ciently and effectively d) To enable key stakeholders to understand and approve the strategic objectives and the

rationale for decisions about resource allocation e) To sustain its ability to adapt and respond to rapidly changing circumstances while

continuing to carry out its core functions f) To strengthen its monitoring and evaluation systems (M&E) in line with Government M&E

policy g) To tune management systems to maximize effectiveness h) To ensure that NCIC services are in tandem with National Constitution and global best

practices.Consolidating National Cohesion and Integration in Kenya.53

Effe

ctiv

e m

onito

ring

and

eval

uatio

n

fram

ewor

k

Faci

litat

e cr

oss

lear

ning

an

d

exch

ange

th

roug

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tern

atio

nal

expe

rienc

e ga

ther

ing

and

expo

sure

visi

ts

Num

ber a

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pe

of e

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men

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logi

stic

al m

ater

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acqu

ired

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rnat

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and

gove

rnm

ents

.

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elop

indi

cato

rs a

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ffic

ient

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rting

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syst

ems

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uire

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te

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ace

and

in

an e

nabl

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wor

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envi

ronm

ent

Acq

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rele

vant

and

up

to d

ate

equi

pmen

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logi

stic

al fa

cilit

ies

Num

ber o

f cro

ss-

lear

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sure

tour

s

done

Type

s of

docu

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‘bes

t

prac

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gat

here

d

and

appl

ied


conc

lude

d.

KR

A 6

: N

CIC

- O

rgan

izat

iona

l gro

wth

and

dev

elop

men

t

Stre

ngth

en th

e

impl

emen

tatio

n ca

paci

ty o

f the

Com

mis

sion

.

Enha

nced

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of t

he

com

mis

sion

to

deliv

er o

n its

man

date

.

Stre

ngth

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e ke

y in

tern

al

cont

rol m

echa

nism

s (H

uman

Res

ourc

es, F

inan

ce, m

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and

Eval

uatio

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rocu

rem

ent).

Dev

elop

pol

icie

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oced

ures

and

syst

ems

for e

ffec

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man

agem

ent o

f per

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unds

,

asse

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y in

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Num

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activ

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al

orga

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ture

Num

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pes

of s

taff

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evan

t gov

ernm

ent

depa

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.g.

PPO

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in. o

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ogis

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orga

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Dev

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1.3.2 Consultation process

The consultation process for this strategic plan was fi ve pronged thus: 1. A one day launch meeting with the stakeholders which set up the parameters, depth and breadth of

the Strategic Plan process and was also used to tease out the key issues, 2. Direct interviews with key stakeholders including commissioners to capture the views of key

stakeholders 3. Provincial consultations that generated regional issues demonstrating the diversity of these issues

in respect of cohesion and integration. Over 400 people from the four regions (Coast at Mombasa, Western at Kakamega, North Rift at Eldoret and Eastern at Isiolo) were consulted. These included government offi cials, Civil Society Organizations, faith-based organizations and opinion leaders

4. Stakeholders’ workshop held at Jumuiya Conference Centre, Nairobi 5. A validation meeting with Commissioners that provided an opportunity to authenticate the proposals

made in this strategic plan and also to build ownership of the strategic plan 6. A second stakeholders’ workshop held at Jumuiya Conference Centre, Nairobi being also the fi nal

validation meeting.


STRATEGIC ISSUES NATIONAL REGIONAL

1 Felt marginalization by communities North Eastern Province

2 Small arms proliferation such as guns for cattle rustling and

robbery

Nairobi, NEP, North Rift, Upper Eastern, Elgon and Pokot

3 Discrimination and poor access to National resources

4 Tribalism- persons in position favouring their tribes instead of

merit and fairness

5 Poor services delivery for public services such as health, security,

education etc

6 Long standing underdevelopment as a result of political isolation Nyanza, NEP and Lower and upper Coast

7 Lack of land ownership – No land demarcation and title deeds NEP and Coast

8 Weak Electoral processes

9 Historical land Injustices Coast, NEP and Rift valley

10 Unemployment

11 Poor land laws and Policies that open windows for land grabbing

and other land related malpractices

12 Bad governance

13 Perceived displacement of ancestral people because of influx of

other Kenyans to ancestral regions – Ancestral people feel cheated

after selling off land or otherwise

Rift Valley and Coast

14 Negative ethnicity

15 Out dated cultural practices, such as cattle rustling North Rift, NEP and Eastern

16 Unequal distribution of national resources

17 Tribal fiefdoms and kingship tendencies Central, Rift valley, Nyanza

18 Corruption and bribery

19 Lack of transparency in election processes

20 Land and property disputes Central, Western, Rift Valley and Coast

21 Mismanagement of public resources

22 Political intolerance

23 Patronage

24 Hate speech

25 High levels of crime

26 Extra judicial killings

The Table 1 above shows the diversity and convergence of regional issues:


disc

rimin

atio

n th

roug

h m

onito

ring

and

also

thro

ugh

spec

ifica

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g ha

te sp

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ess h

isto

rical

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stic

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at

have

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n pe

rpet

uate

d by

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ust

law

s.

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ocat

e fo

r adj

ustm

ent o

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alin

g o

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ppro

pria

te la

ws

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ging

in th

e pr

oces

s of

deve

lopi

ng p

olic

ies a

nd d

evol

utio

n

law

s

Impl

emen

tatio

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TJR

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epor

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Enga

ging

in th

e pr

oces

s of

devo

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g th

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vern

men

t

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ge a

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vels

at

Nat

iona

l

and

Cou

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leve

ls

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ia m

onito

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for H

ate

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trol a

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spon

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and

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ting

mes

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s

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and

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ster

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Dis

sem

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of M

edia

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es

on m

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of h

ate

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ch

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sem

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of

know

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gene

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on

the

defin

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of

Hat

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I Act

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Con

fiden

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in

the

cent

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over

nmen

t


CHAPTER TWO2.0 Contextual analysis2.1 The cohesion and integration problems in Kenya

Following the post-election violence of 2008, Kenya emerged as a country deeply divided along ethnic lines. These divisions brought the country to the edge of a precipice and the country was lucky to have escaped descending into anarchy. Consequently the need has strongly emerged for promotion of national values that will serve to instill a sense of unity and oneness among all Kenyans, regardless of their ethnic or racial background and combat the effects of negative ethnicity. The key and underpinning value being “What do we as Kenyans prize ourselves for?” This is underpinned emphatically in Chapter Two (2) of the Constitution, which enlists the following values and principles of governance as the cornerstones of our nationhood thus:

1. Patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people

2. Human dignity, equity, social justice, inclusiveness, equality, human rights, non discrimination and protection of the marginalized

3. Good governance, integrity, transparency and accountability 4. Sustainable development

Increasingly, negative ethnicity, which is mainly driven by ethnic-based discrimination, has become one of the challenges the country must confront. Ethnic polarization has been made worse by political entrepreneurs who mobilize by playing on ethnic-related grievances and insecurities. Based on past experience, many view the ascendancy of their own ethnic kin to the presidency as the best assurance to access socio-economic benefi ts. This calls for concerted efforts to counter this jingoism and therefore becomes a key area of focus for the Commission.

Some of the effects of negative ethnicity

1. Our people are being fi nished syndrome It acts as a barrier to effective service delivery by the government as matters of national importance are viewed not on merit but through ethnic-tinted glasses and decisions are made according to how they affect a particular ethnic community and not the entire nation.

2. It is our turn to eat Matters of national development are sacrifi ced at the altar of ethnicity, religious and racial considerations when priority is to be given to the promotion of ethnic interests that lead to equal distribution and allocation of resources. 3. The syndrome of foreigners versus locals yet we are all Kenyans It acts to inhibit the attainment of harmonious relationships between ethnic communities by building barriers to integration and involvement in other ethnic groups’ cultural, social and economic activities.

As a diverse nation of over forty ethnic and racial communities and different religions affi liations, a change of attitude is urgently called for as an un-negotiated necessity for the success of all initiatives promoting cohesion and integration by the NCIC.


2.2 The frameworks for national cohesion and integration2.2.1 The global trends

There are national cohesion and integration experiences all over the world, with a few standing out as international examples. In Europe, perhaps the most intriguing national cohesion is between Northern Ireland and the Republic of Ireland. While they have not yet reached a decision to merge, the ceasefi re in the war that had ravaged the region for decades demonstrated clearly the power of cohesion and integration. Ireland is increasingly moving towards a merger.

In Africa the reintegration of secessionist Biafra into the rest of the Nigerian nation in 1970 is a living example. After three years of war, peace was brokered by the then OAU, United Nations and the International Community and this has seen landmark co-existence between the Ibos and the rest of Nigerians.

In Australia the struggle for recognition by Aborigines and the pursuant efforts to integrate them into the mainstream national development has signifi cantly reduced the animosity that had been generated by ethnicity. Until the Aborigines began agitating for their rights, their deprivation had been largely assumed. This led to animosity that cost many lives.

In South Africa more than fi ve decades apartheid regime had torn the country apart. Indeed the apartheid regime Balkanized South African communities, setting them against each other through a “divide and rule” system that saw black people kill each other to the advantage of white people. It was not until 1990 when Nelson Mandela was released that peace began to be enjoyed in this region. For many, expectations were that Mandela would go for revenge. To the contrary Mandela became extremely accommodating and went for reconciliation, a virtue that has remained unrivaled globally.

During Independence negotiations, Mandela extended an olive branch to his bitter rivals like Chief Mongosuthu Buthelezi and President Fredrick de Klerk by accommodating them in his cabinet. This gesture appeased the Zulus and the Afrikaans who had built a very high level of skepticism in the leadership of African National Congress (ANC) under Nelson Mandela. Subsequently, the South African Government established a Truth Justice and Reconciliation Commission which provided a platform of self and inner examination for all those who had fought and killed, punished and gravely hurt each other to reconcile and unite the country.

The task ahead of the NCIC is similar to what these have gone through. The NCIC can borrow from the experience of these countries. The examples cited above should help in benchmarking and modeling NCIC interventions.

2.2.2 The long-term national development agenda (Vision 2030)

i. Currently Kenya’s development blueprint, dubbed Vision 2030, aims at transforming Kenya into a newly industrializing “middle-income country, providing high quality of life to all its citizens by the year 2030.” Signifi cantly, too, the Vision 2030 plan is expected to pay attention to the Millennium Development Goals (MDGs), whose core remits include: Reduction of hunger and extreme poverty

ii. Universal primary education iii. Gender equality


deve

lopm

ent a

nd

all h

uman

righ

ts

and

fund

amen

tal

free

dom

s

Gen

erat

e da

ta o

n m

echa

nism

s fo

r

full

prot

ectio

n ag

ains

t et

hnic

, rac

ial

and

relig

ious

di

scrim

inat

ion

&

diss

emin

ate

the

info

rmat

ion

and

stre

ngth

en a

venu

es fo

r rea

lisat

ion

of

lega

l pr

otec

tion

for a

ll

Rem

ovin

g al

l adm

inis

trativ

e

and

lega

l im

pedi

men

ts to

full

real

isat

ion

of r

ight

s by

all t

hrou

gh

anal

ysis

of a

ll la

ws a

nd p

olic

ies

Rep

orte

d et

hnic

,

race

and

relig

ion

abus

es

Enc

oura

ge m

ulti-

stak

ehol

der

oppo

rtuni

ties t

o in

put i

n po

licie

s and

law

dev

elop

men

t and

impl

emen

tatio

n

Taki

ng m

easu

res,

in

coop

erat

ion

with

rele

vant

stak

ehol

ders

at a

ll le

vels

and

as

appr

opria

te, i

n ac

cord

ance

with

the

Cha

rter o

f the

Uni

ted

Nat

ions

, the

Uni

vers

al D

ecla

ratio

n of

Hum

an

Rig

hts,

othe

r int

erna

tiona

l

inst

rum

ents

and

rele

vant

Uni

ted

Nat

ions

reso

lutio

ns, t

o cr

eate

the

appr

opria

te p

oliti

cal,

adm

inis

trativ

e an

d le

gal

envi

ronm

ent t

o ad

dres

s the

root

caus

e of

eth

nic,

raci

al a

nd

relig

ious

dis

crim

inat

ion

to a

llow

for i

nclu

sion

of a

ll in

nat

iona

l

deve

lopm

ent

thro

ugh

crea

tion

of

sust

aine

d ne

twor

ks

Ana

lysi

s of t

reat

y

repo

rts


KR

A 5

: F

acili

tate

the

oper

atio

nalis

atio

n of

law

s, po

licie

s and

pra

ctic

es th

at c

ount

er e

thni

c, r

ace

and

relig

ious

tens

ions

Prom

ote

an e

nabl

ing

adm

inis

trativ

e an

d le

gisl

ativ

e

fram

ewor

k th

at e

nhan

ces p

eace

and

harm

ony

A su

ppor

tive

and

stab

le

adm

inis

trativ

e

and

lega

l

fram

ewor

k th

at

prom

otes

the

mut

ually

rein

forc

ing

rela

tions

hip

betw

een

dem

ocra

cy,

Inte

grat

ed b

road

-bas

ed a

nd m

ulti-

ethn

ic d

ispu

te re

solu

tion

plat

form

s

Supp

ort t

he c

reat

ion

of

com

mun

ity D

ispu

tes R

esol

utio

n

Com

mitt

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Exis

tenc

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law

s

and

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hat

prom

ote

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lity


iv. Reduction in child mortality v. Improvement in maternal health vi. Lower HIV/AIDS and major disease incidence vii. Environmental sustainability viii. Better partnerships with international development partners.

The expected realization of the Vision 2030 is anchored on the economic, social and political pillars, which identify crucial fl agship projects that are expected to ‘set pace for vessels behind them.’ Underpinning these pillars are the key principles of equitable social development, people centeredness, equitable sharing of national resources and services, accountable and democratic leadership which resonates well with the cohesion and integration approach to development.

The economic pillar is expected to sustain the economic growth at 10 percent per annum for the next 25 years. To achieve this current macro-economic stability must be maintained and bottle necks such as low savings to GDP ratio, poor infrastructure and high energy costs must be dealt with among other critical problems. The social pillar is a basis of transformation of our society and it aims at investing in the people of Kenya by maintaining a just and cohesive society that enjoys equitable social development in a clean and secure environment with a hope for future generations.The political pillar envisions a democratic political system that is issue-based, people-centered, result oriented and accountable to the public. It expects to realize a system that refl ects the aspirations and expectations of its people and promotes national cohesion and integration and leadership that is highly accountable to the people of Kenya.

Major concerns and issues of cohesion and integration are included in the Vision 2030 in specifi c priority areas, such as achievement of MDGs, as well as in broad statements, such as the avowal to make Kenya a ‘rights respecting state.’ Equally important, the strategic initiatives identifi ed across all the economic, social and political pillars suggest indirectly the commitment to the principles of cohesion and integration approach to development including policy and operational actions that aim at ensuring that economic and political governance, political conduct, investment, resource allocation, delivery of services, and generally the management of all public affairs will adhere to the principles of accountability, non-discrimination, participation and empowerment. These factors are enshrined in Kenya’s New Kenya Constitution and are underpinned specifi cally in chapters One (1), four (4) fi ve (5) and generally by the whole constitution.

Therefore the NCIC mandate of facilitating the promotion of national cohesion and integration will have an important role to play in enhancing the implementation of the Vision 2030 and ultimately the Constitution as demonstrated in the next chapter.

2.2.3 Agenda Four (4) of the National Accord

The violence that erupted in Kenya following the December 2007/2008 elections brought to the fore deep-seated and unaddressed issues and divisions in Kenya. It threatened the existence of the nation as a unifi ed nation-state and threatened to divide the country into ethno-regional blocks. The African Union stepped in


to help save the situation and a Panel of Eminent African Personalities chaired by H.E. Kofi Annan was set up. It is under the guidance of this team that temporary political arrangements – by way of enactment of the National Accord and Reconciliation Act 2008 were made and this brought to the end the violent political skirmishes.

Consequently, it has been realized that for there to be sustainable peace, stability and justice, critical and deep rooted issues must be addressed. These are in part: i. Escalated poverty ii. (b)Inequitable distribution of national resources iii. (c)Historical injustices that include exclusion of some segments of society from the mainstream

economic and political arenas that drive distribution of the national resources and services.

Discussions around these deep rooted issues formed the basis for Agenda Four, which has the ‘consolidation of national cohesion and integration agenda’ at its core.

2.2.4 The National Cohesion and Integration Act (No. 12 of 2008)

On account of the very few countries that have specifi cally legislated for national cohesion and integration in the world, Kenya made a landmark breakthrough by enacting the National Cohesion and Integration Act of 2008 (NCI Act 2008). This was reaffi rmed by a resounding approval by two-thirds majority of the New Constitution (2010) through a national referendum. This move has been acclaimed both by Kenyans and by international communities. The NCIC Act’s main aim is to eliminate all forms of ethnic, religious and racial discrimination so as to achieve the mandate and objectives as laid out under Section 25 of the NCI Act.

Prior to this NCI Act, the laws dealing with discrimination based on ethnicity, race, and religion were somewhat disparate in nature creating vagueness in defi nitions and hence no clearly spelt-out offences, particularly addressing discrimination on the above mentioned basis was available.The NCI Act 2008 encourages national cohesion and integration by outlawing discrimination on ethnic grounds and provides for the establishment, powers and functions of the NCIC.

Through this Act, the commission seeks to identify and promote the national values of hard work and create a new culture of unity, peace and harmony that binds together all Kenyans and stop the erosion of ‘our sense of pride’ in the national symbols such as the Flag and the National Anthem.

NCIC intends to promote wider usage of the national language, Kiswahili, in offi cial and non offi cial communication to help reverse some of the weak bonds that exist among the fragmented societies. This shall be carried out by identifying role models in varied fi elds of business, sports, arts & entertainment, highlighting the ethnic diversity of such role models and the richness of such diversity (positive ethnicity).

Such role models will then be engaged as goodwill ambassadors of the commission to spread the messages of tolerance, understanding and respect for religious and cultural diversity and the importance of peaceful and harmonious coexistence among different communities.


Con

sist

ent m

onito

ring

and

pro-

activ

e en

gage

men

t with

rele

vant

acto

rs

Dev

elop

men

t of a

com

preh

ensi

ve n

atio

nal d

atab

ase

of in

cide

nces

and

per

petra

tors

of

ethn

ic a

nd ra

ce re

late

d cr

imes

Qua

lity

and

volu

me

of d

atab

ase

esta

blis

hed

Rel

evan

t Gov

ernm

ent

depa

rtmen

ts

Con

duct

issu

e-sp

ecifi

c fa

ct-

findi

ng m

issi

ons

Dev

elop

ind

icat

ors o

n co

hesi

on

and

inte

grat

ion

Doc

umen

ted

best

prac

tices

on

you

th

and

natio

nal v

alue

s

Publ

ishe

rs a

nd

corp

orat

e

Prom

ote

ethn

ic in

tegr

atio

n an

d he

lp

to fo

rmul

ate

Early

War

ning

Sys

tem

s

for e

ffec

tive

hand

ling

of e

min

ent

conf

licts

and

trib

al a

nim

ositi

es

Adv

ocat

e an

d lo

bby

yout

hs to

docu

men

t bes

t pra

ctic

e in

val

ues

Und

erta

ke re

sear

ch o

n ef

fect

ive

yout

h le

d pe

acef

ul c

oexi

sten

ce

mec

hani

sms

Dev

elop

ed c

riter

ia

for i

dent

ifyin

g an

d

dete

rmin

ing

hots

pot

Don

ors a

nd

deve

lopm

ent p

artn

ers

Perio

dic

revi

ews a

nd p

ublic

atio

n of

repo

rts

List

s of h

ot-s

pots

with

syst

emic

occu

rren

ce o

f vio

lenc

e

Num

ber o

f

prog

ram

me

revi

ews c

ondu

cted

Com

mun

ity L

evel

:

Com

mun

ity g

roup

s and

CB

Os

Con

duct

mid

-term

revi

ew a

nd

end

term

revi

ews

Num

ber a

nd

qual

ity o

f rep

orts

and

info

rmat

ion

publ

ishe

d

Lear

ning

cen

tres a

nd

train

ing

inst

itutio

ns

Publ

ish

repo

rts o

f rev

iew

s and

prog

ram

mes

Num

ber a

nd le

vel

of in

form

atio

n

diss

emin

atio

n

sess

ions

Publ

ish

and

diss

emin

ate

rese

arch

repo

rts o

n st

ate

of re

conc

iliat

ion,

cohe

sion

and

inte

grat

ion.


Use

inte

r-et

hnic

con

sorti

a to

brin

g

abou

t pol

itica

l tol

eran

ce in

run

up to

elec

tion

proc

esse

s.

Insp

ectio

n of

ele

ctor

al sy

stem

s

prio

r to

gene

ral e

lect

ions

to

asce

rtain

fairn

ess d

urin

g

elec

tione

erin

g an

d po

lling

so th

at

conf

lict a

s a re

sult

of e

lect

ions

is

erad

icat

ed.

Prom

ote

judi

cial

bes

t pra

ctic

es o

n

issu

es o

f eth

nici

ty, r

ace,

relig

ion

and

soci

al o

rigin

.

Con

vene

dis

cuss

ion

foru

ms w

ith

Mag

istra

tes a

nd Ju

dges

on

best

judi

cial

pra

ctic

es

Reg

ular

mee

tings

, dis

cuss

ion

foru

ms a

nd w

orks

hops

with

the

IEB

C a

nd se

curit

y ag

enci

es.

KR

A 4

: Pro

mot

e R

esea

rch

and

mon

itori

ng o

f the

stat

us a

nd tr

ends

of n

atio

nal p

eace

and

stab

ility

and

adv

ice

rele

vant

stat

e

agen

cies

.

Sust

aina

ble

peac

e an

d st

abili

ty

Enha

nced

know

ledg

e ba

se

to c

ount

er th

reat

s

to p

eace

and

stab

ility

Dev

elop

a d

ata

base

on

the

trend

s, ex

tent

and

stat

us o

f con

flict

s

that

are

prim

arily

driv

en b

y

ethn

icity

, rac

e or

relig

ion

in th

e

coun

try

Com

para

tive

rese

arch

and

anal

ysis

on

devo

lutio

n et

hnic

man

agem

ent l

esso

ns le

arne

d an

d

best

pra

ctic

es;

Num

ber o

f

criti

cal/s

trate

gic

rese

arch

are

as

iden

tifie

d or

/con

ceiv

ed

Nat

iona

l Lev

el :

Res

earc

h an

d ac

adem

ic

inst

itutio

ns

Con

duct

spec

ific

stud

ies o

n

iden

tifie

d ho

t spo

ts to

det

erm

ine

the

root

cau

ses o

f rec

urre

nt c

onfli

cts

Und

erta

ke st

udy

on d

evol

utio

n

ethn

ic h

otsp

ots i

n co

unty

gove

rnm

ents

Num

ber o

f TO

Rs

deve

lope

d

Res

earc

h C

SOs a

nd

NG

Os


2.3 Stakeholder Analysis

This is an important part of this strategic Plan as it identifi es the key players with whom NCIC will regularly interact. NCIC key stakeholders include individuals, groups, communities, companies, faith-based groups and government institutions whose actions in one way or the other affect the advancement of national cohesion and integration in the country. These stakeholders are divided into three categories thus: primary, secondary and tertiary stakeholders.

The primary stakeholders include direct benefi ciaries of NCIC services, such as State policy organs, development practitioners, minorities and individual complainants.

The secondary stakeholders comprise of groups who are interested in the promotion of national cohesion and integration in Kenya, for example the Judiciary, Police, Gender Commission, Truth Justice and Reconciliation Commission (TJRC), Kenya National Commission on Human Rights (KNCHR), Interim Independent Electoral Commission (IIEC), Interim Independent Boundaries Review Commission (IIBRC) and Non Governmental Organizations NGOs.

Tertiary stakeholders include those organizations that collectively provide an enabling environment for the Commission to work. They include the parent ministry (MOJNCCA) and Development Partners.


A detailed stakeholder analysis is contained in table 1 below:


loca

l gov

ernm

ent

deci

sion

-mak

ing

proc

esse

s

Su

ppor

t to

acad

emic

and

rese

arch

inst

itutio

ns th

roug

h

rese

arch

pro

ject

s

Con

fiden

ce in

loca

l gov

ernm

ent

M

onito

ring

of th

e go

vern

ance

impl

emen

tatio

n pr

oces

s.

Com

posi

tion

of

coun

ty

gove

rnm

ents

and

parli

amen

t ref

lect

s

soci

al c

ompo

sitio

n

of th

e el

ecto

rate

En

gagi

ng in

com

mun

ity

just

ice

initi

ativ

es

A

ctio

n pl

an fo

r civ

ic

educ

atio

n on

nat

iona

l val

ues

Act

ion

plan

prep

ared

Y

outh

trai

ned

in n

atio

nal

valu

es in

eac

h of

the

47 C

ount

ies

Num

ber o

f you

th

enga

ged

in

natio

nal v

alue

s

train

ing

M

anua

l on

Nat

iona

l val

ues

train

ing

Enga

ging

the

IEB

C a

s wel

l as

secu

rity

agen

cies

on

the

proc

ess o

f

prep

arat

ion

and

cond

uct o

f ele

ctio

ns

Hos

t com

mun

ity le

ader

ship

feed

back

foru

ms i

n 47

cou

ntie

s

Mon

itor a

nd w

ork

clos

ely

with

the

med

ia.

Adh

eren

ce to

mec

hani

sms

with

in th

e ne

w c

onst

itutio

n w

hich

prot

ect t

he v

ulne

rabl

e,

mar

gina

lized

and

min

oriti

es


irres

pect

ive

of

soci

al o

rigin

,

ethn

icity

, rac

e

and

relig

ion.

sens

e of

natio

nal p

ride

enha

nced

Com

mun

ity se

nsiti

zatio

n on

nat

iona

l

valu

es

Trai

ning

s fo

r po

lice,

Adm

inis

tratio

n pe

rson

nel

and

cons

ulta

tive

mee

tings

with

judg

es

Con

fiden

ce in

the

lega

l sys

tem

amon

gst c

itize

ns

Enga

ge N

atio

nal

Val

ues

Adv

isor

y

Boa

rd a

nd o

ther

stak

ehol

ders

Enga

ging

with

the

proc

ess o

f

impl

emen

ting

the

devo

lved

gove

rnan

ce st

ruct

ure

Exis

tenc

e of

alte

rnat

ive

inst

itutio

ns to

man

age,

pre

vent

or

reso

lve

conf

licts

Mul

ti-St

akeh

olde

r Pa

rtici

patio

n in

the

Mon

itorin

g,

Ove

rsig

ht

and

Impl

emen

tatio

n of

Po

licie

s,

Prog

ram

s, Pr

ojec

ts, a

nd S

ervi

ces

Elim

inat

ing

all f

orm

s of

disc

rimin

atio

n al

ong

ethn

ic, r

acia

l

and

relig

ious

line

s, w

hile

deve

lopi

ng a

nd e

ncou

ragi

ng

educ

atio

nal p

rogr

amm

es a

nd

med

ia c

ampa

igns

to th

at e

nd

Rep

orte

d et

hnic

,

raci

al a

nd re

ligio

us

abus

es

R

esea

rch

proj

ects

, edu

catio

n

and

inpu

t int

o po

licy

deve

lopm

ent

Reg

ular

ity a

nd

qual

ity o

f cou

ntry

repo

rts to

rele

vant

treat

y bo

dies

(in

parti

cula

r CER

D)

Aw

aren

ess c

ampa

igns

Ana

lysi

s of t

reat

y

repo

rts

Tr

aini

ng a

nd a

war

enes

s

prog

ram

mes

and

inpu

t to

polic

y

Parti

cipa

tion

and

repr

esen

tatio

n of

all l

ocal

com

mun

ities

in


Consolidating National Cohesion and Integration in Kenya.30 Consolidating National Cohesion and Integration in Kenya.43

Use

role

mod

els a

s age

nts o

f

effe

ctiv

e tra

nsfo

rmat

ion.

Publ

ish

of a

list

of n

ames

of

pers

ons o

r ins

titut

ions

who

se

actio

ns h

ave

cont

ribut

ed to

war

ds

enha

ncin

g na

tiona

l coh

esio

n an

d

inte

grat

ion

and

one

of

pers

ons/

inst

itutio

ns w

hose

act

ions

have

und

erm

ined

coh

esio

n an

d

inte

grat

ion

in th

e co

untry

(Nam

ing

and

Sham

ing)

List

pub

lishe

d an

d

diss

emin

ated

Med

ia

Esta

blis

hmen

t of m

echa

nism

s

for a

rbitr

atio

n, re

conc

iliat

ion

and

med

iatio

n

Dev

elop

men

t of a

nat

iona

l

polic

y an

d ad

voca

cy p

latfo

rm fo

r

reco

ncili

atio

n, c

ohes

ion

and

inte

grat

ion

Polic

y fr

amew

ork

deve

lope

d an

d

appl

ied

Min

istry

of J

ustic

e,

Parli

amen

t, Sp

ecia

lists

on p

olic

y, C

ivil

Soci

ety

and

dono

rs

KR

A 3

: S

tren

gthe

ning

goo

d go

vern

ance

in th

e im

plem

enta

tion

of th

e ne

w c

onst

itutio

n th

roug

h em

phas

is o

n eq

uita

ble

acce

ss

to p

ublic

res

ourc

es

To e

nsur

e fa

ir ac

cess

to

natio

nal r

esou

rces

by

all

incl

udin

g th

e m

argi

naliz

ed.

Incr

ease

d

equi

tabl

e ac

cess

to p

ublic

reso

urce

s by

all

Iden

tify,

cam

paig

n an

d lo

bby

for

fair

and

incl

usiv

e el

ecto

ral p

roce

sses

at c

ount

y an

d na

tiona

l lev

els.

Und

erta

ke m

appi

ng o

f key

chan

ge/o

pini

on m

aker

s in

47

coun

ties

Equa

lity

in a

cces

s

to so

cial

and

pub

lic

serv

ice

and

reso

urce

s


disc

rimin

atio

n

law

s, po

licie

s

and

prac

tices

by

stat

e ag

enci

es.

Wat

er, F

ood,

Shel

ter a

nd

Educ

atio

n

Incr

ease

d

acce

ptan

ce,

tole

ranc

e an

d

appr

ecia

tion

of

ethn

ic d

iver

sity

by a

ll et

hnic

grou

ps, r

acia

l

and

relig

ious

grou

ps a

nd

pers

ons o

f all

colo

ur

in th

e

Ken

yan

soci

ety.

Polic

y ad

voca

cy

Enga

ging

rele

vant

gov

ernm

ent

inst

itutio

ns

Bui

ld c

apac

ity o

f key

gov

ernm

ent,

publ

ic a

nd p

rivat

e or

gani

zatio

ns to

effe

ctiv

ely

rais

e aw

aren

ess o

n

resp

ect f

or u

nity

in d

iver

sity

with

in

the

diff

eren

t sec

tions

of s

ocie

ty.

Aw

aren

ess r

aisi

ng se

ssio

ns o

n

the

man

date

of t

he N

atio

nal

Coh

esio

n an

d In

tegr

atio

n

Com

mis

sion

in 4

7 co

untie

s

Num

ber o

f cou

nty

sess

ions

hel

d

CB

O's,

NG

O's,

Fai

th

base

d or

gani

zatio

ns,

You

th a

nd W

omen

Org

aniz

atio

ns

Prom

ote

the

use

of a

ltern

ativ

e

disp

ute

reso

lutio

n m

echa

nism

s

Prod

uctio

n of

spec

ial r

epor

ts o

n

alte

rnat

ive

disp

ute

reso

lutio

n

mec

hani

sms

Num

ber o

f

Con

flict

s med

iate

d

thro

ugh

Alte

rnat

ive

Dis

pute

Res

olut

ion

mec

hani

sms

Num

ber o

f peo

ple

train

ed in

alte

rnat

ive

disp

ute

reso

lutio

n


CHAPTER THREE3.0 The situation analysis

3.1 External environment

The external analysis looked at the environment in which the Commission operates, to determine how this will affect its ability to achieve its Vision, Mission and Mandate. During the preparation of this strategic plan, the external impacts that were examined ranged from the global, regional and local platforms. The following are the opportunities and threats identifi ed.

3.1.1 Opportunities

i. The Kenya National Dialogue and Reconciliation mediated by the Panel of Eminent African Personalities presents the platform/entry point for the Commission to make thematic interventions on key human rights issues.

ii. Government initiatives that arose out of the Post election Violence, such as the Constitutional Reform, and the Report of the Independent Review Commission on Elections (the Kriegler Commission) and the Commission of Inquiry into Post-Election Violence (the Waki Commission).

iii. The Kenya Vision 2030 is pro-cohesion and integration, which is making a signifi cant contribution to Kenya’s development agenda.

iv. In the Coalition government opposing parties can act as checks and balances against each other. v. Advancement in technology may open doors to the Commission to deliver its advocacy, public

education and engage in social mobilization. vi. MOJNCCA Strategic Plan – This strategic plan provides opportunity for partnership with the Ministry

to implement NCIC mandate and to have structured engagement. vii. Support from the Government and Development Partners

3.1.2 Threats

i. Weak implementation of Government initiatives may lead to fresh eruption of violence.

ii. There is heightened feeling of ethnic exclusivity. For example, the new counties created by the Constitution if not properly established could easily emerge as ethnic enclaves defeating the purpose of national unity.

iii. There is lack of faith in institutions such as Judiciary, Police Service and Provincial Administration, which may easily lead to breakdown of the state.

iv. Threats of collapse of the coalition government before 2012, due to regular misunderstandings and blame games.

v. Failure to implement the new Constitution and Kenya National Dialogue and Reconciliation on schedule could create tensions that could result in violence and disunity among the coalition partners.


vi. Insuffi cient funding to the Commission could lead to failure to implement the Commission’s mandate.

3.2 Internal environment

The internal situation analysis evaluated the competencies within NCIC to determine whether it had the requisite capability to achieve its objectives and realize its Vision and Mission. In this regard the analysis focused on management systems, technical capacity, the number and levels of expertise of its staff, fi nances as well as other pertinent factors

3.2.1 Strengths

The following strengths were identifi ed:

i. Wide mandate that allows for innovation ii. Strong statutory framework providing for the Commission’s independence iii. Independence, credibility and legitimacy iv. Well qualifi ed multi-disciplinary cadre of Commissioners

3.2.2 Weaknesses

The weaknesses that were identifi ed were:

i. Limited physical accessibility of the commission, which only has one (1) offi ce nationally ii. Underdeveloped internal control systems (Finance, Procurement & Human Resources) iii. Limited capacity in programme planning, coordination, and monitoring and evaluation frameworks iv. Weak information management systems v. Inadequate number of staff vi. Limited staff skills, knowledge and experience in cohesion and integration vii. Inadequate fi nancial management capacity.


KR

A 2

: The

elim

inat

ion

of a

ll fo

rms

of d

iscr

imin

atio

n (e

thni

c, r

acia

l, re

ligio

us a

nd s

ocia

l ori

gin)

in K

enya

To e

nsur

e in

crea

sed

obse

rvan

ce o

f Coh

esio

n an

d

Inte

grat

ion

Prac

tices

in th

e

runn

ing

of p

ublic

aff

airs

Incr

ease

d

enjo

ymen

t of

right

s an

d

priv

ilege

s by

all

ethn

ic a

nd s

ocia

l

orig

in, r

acia

l and

relig

ious

gro

ups

of th

e co

untry

Iden

tify

and

prof

ile s

yste

mic

case

s of

eth

nic,

soc

ial o

rigin

,

relig

ious

and

raci

al d

iscr

imin

atio

n

Dev

elop

men

t of a

com

preh

ensi

ve n

atio

nal d

atab

ase

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CHAPTER FOUR

4.0 The strategic direction The strategic direction has been defi ned on the basis of the Commission’s visionary, missionary and philosophical outlook as espoused in introduction of this strategic plan.

4.2 The critical strategic issues

Based on literature review as well as provincial consultations conducted in a representative sample of four regions, namely Western, Upper Eastern, Coast and North Rift, and direct interviews conducted with key stakeholders, a number of issues that have continued to fan and perpetuate confl ict, thereby destroying harmonious co-existence amongst Kenyans of different ethnicity (and at times even of similar ethnic backgrounds), were identifi ed:

i. Unequal distribution of the national resources and services ii. Poor service delivery iii. Tribalism and negative ethnicity iv. Poor and inappropriate state policies and practices v. Perpetuation of bad governance policies and practices vi. Increased and unsustainable unemployment levels especially in marginalized areas vii. Limited capacity for research and monitoring viii. Limited capacity for implementation of policy ix. Lack of national values to act as the glue which binds Kenyans together as one people

4.2.1 Unequal distribution of the national resources and services

Since independence Kenya has pursued centralized development policies that have concentrated most of the decisions and authority at the centre, leaving peripheral structures with very limited bargaining power. Over time, this situation has created unequal distribution of national resources and opportunities. It has created a situation in which a few people have the power to determine what share each region gets. This has in turn led to:

i. Marginalization, or perceptions among some communities that do not have patrons at the centre ii. Disparities in regional development where, for example, some regions do not have never as much as a kilometre of tarmac road iii. Limited access to resources by peripheral communities iv. Institutionalized corruption and bribery in order to access services.

As stated in the Kiliku Report of (1983) and Akiwumi Report of (1993) civil strife experienced in the country in 1963, 1992, 2002 and 2008 is only the tip of the iceberg to the real problem, which lies in unequal distribution of national resources.


4.2.2 Poor service delivery

Poor service delivery dis-empowers people and denies them their fundamental and basic rights which leads to: i. Poor access to education leading to high levels of illiteracy ii. Poor access to health, water and sanitation iii. Poor infrastructure development such as roads, transport and other primary means of communication iv. Inability to participate in important national agendas.

In summary service delivery has remained skewed in favour of some areas and as a consequence this has bred animosity, enmity and jealousies amongst various communities in the country. Many studies on the political landscape of Kenya have shown that these characteristics lie in situ in most areas of the country where different communities co-exist and only require a trigger to ignite.

4.2.3 Negative ethnicity

There are over 40 ethnic communities in the country. These have historically coexisted in harmony until recent times when negative ethnicity – which is promoted through bad politics – emerged as a convenient political tool. Negative ethnicity has led to: i. Political, economic and social marginalization of minority ethnic communities ii. Discrimination in accessing public resources, services and employment iii. Increased suspicion, mistrust and tension amongst Kenyans, perpetuated by tribal discrimination iv. Emergence of fi efdoms and so-called tribal ‘kings’ or ‘patrons’ who present themselves as protectors of their community interests v. Hate speech, promoted through both print and electronic media including Short Message Service (SMS) through cell phones.

4.2.4 Poor and inappropriate public policies

Some of the key public policies that have been the cause of confl icts are land policy, education policy, employment policy, gender policy, youth policy, minority etc. Most of the proposals in these policies have in them discriminatory undertones that have continued to impoverish and marginalize some sections of the population.

4.2.5 The perpetuation of bad governance policies and practices including lack of transparency and accountability and political process

Sessional Paper No. 10 of 1965 outlined clearly and emphatically the principles that Kenya and Kenyans fought for during the freedom struggle that spanned decades from the 1920s- 1960s when the country attained


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KRA 6: NCIC – Organizational Growth and Development

NCIC being the body mandated to oversee implementation of the NCIC Act must have the capacity not only by way of mandate but also through the institutional growth and development to execute the spirit and principle of the law in order that cohesion and integration subsist.

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its independence. Four key ills were identifi ed thus:

i) Illiteracy ii) Poverty iii) Ignorance and v) Poor health.

A resolve was henceforth made through this paper to fi ght these ills and ensure that all Kenyans overcame them in equitable measures. This witnessed the introduction of free health services, primary education and increased support to small scale farmers and small and medium enterprises. These policies helped turn round the Kenyan economy which registered some of the highest growth rates in the world averaging 6 percent in the 1970s.

This economic and social trajectory was to be reversed when the then leadership began to perpetuate and institutionalize corrupt practices, ethnicity and nepotism in their actions. It also generated development disparities where areas like Northern Kenya were seen as parasites to the rest of the economy especially the economy south of railway line. Consequently, for many years, this region received very little public sector investment. This is one of the main contributors to underdevelopment of Northern Kenya.

Some outcomes of such policies are illustrated below:

• Internal confl icts leading to internally displaced persons• Mismanagement and plunder of public resources• Lack of access to justice and delayed justice• Increased insecurity/small arms proliferation due to porosity of our borders • Political patronage and poor service delivery • Political intolerance that has encouraged hate speech among political competitors, where confl ict between ethnic groups has been fuelled by politicians who want to have a stranglehold on leadership, even when they are unpopular

4.2.6 Increased and unsustainable unemployment levels

Unemployment in the country has risen to worrying levels. Although offi cial statistics are silent on this, evidence reveals that almost 50 percent of Kenyans, most of who are aged between 18 and, 30 are unemployed. Current employment policies and practices do not recognize the Kenyan diversity, which has led to discriminative recruitment of new employees. This situation has seen many unemployed young people being easily lured into criminal activities including being misused by politicians to create confl icts and civil strife. Indeed the armed militias that were misused by political leaders in the 2007/2008 skirmishes are the creation of unemployment.


4.2.7 Low capacity for research and monitoring of the status and trends of national peace and stability

Despite the fact that there have been regular political skirmishes in almost all general elections coupled with displacement of people, there has been very little deeper research and analysis to inform policy makers on the root causes of these skirmishes. This has resulted in limited monitoring of trends to help in curbing this occurrence. National peace and security for all is of critical importance for any country as it promotes investments and better life for citizens.

Monitoring of the status of peace and stability requires a multi pronged approach that encompasses both offi cial systems and community based systems that enhance social research in order to capture the full picture. Limited attention to this sector has made it impossible to develop suffi cient early warning systems and other pre emptive measures.

4.2.8 Limited implementation capacity of NCIC

The National Cohesion and Integration Commission is a relatively young institution and faces the huge challenge of accomplishing a major national task within a very short time. During this time the principal outcome is expected to be to ensure that the following processes are peaceful:

i. Referendum on the New Constitution (which has since been achieved) ii. Peaceful 2012 General Elections and other intermediate elections iii. Effective International Criminal Court process to bring all PEV perpetrators to book iv. Responsible implementation of devolved government system v. Promotion of national values and responsible leadership.

This requires that NCIC is fully capacitated in terms of human, fi nancial and physical capital in order to deliver their mandate effectively and effi ciently. Currently NCIC’s core business is being funded solely by government. There are a number of development partners providing specifi c programme support. In order to focus on strategic operation, NCIC will need to mainstream all its funding and activities to facilitate forward planning and predictability. This may require that NCIC organize many development partners’ round table to support implementation of this strategic plan. NCIC will also need to recruit suffi cient numbers of professional staff to accomplish its mandate.

Finally, NCIC requires adequate offi ce space, equipment and other critical communication systems. There will also be need for NCIC to establish outreach programs through partnership with Non State Actors such as Faith-based organizations, Civil Society Organizations and Community-based Organizations in all

4.2.9 Lack of national values to act as the glue which binds Kenyans together as one people

Since independence the country has never developed and promoted any set of values that Kenyans believe in and identify with. This has left a vacuum in values.


What platform of values defi nes a Kenyan national? This is the key question. As a Commission charged with creating cohesion and ensuring that the country is integrated, the popularization and internalization of national values as outlined in Chapter 2(10) of the New Constitution will become a core remit.

4.3 The Key Result Areas

The NCIC will in the period of the current strategic planning phase focus its energy and resources to realize the following Key Results Area (KRAs):

KRA 1: Increased Knowledge and transformational practice on National Reconciliation Cohesion and Integration

The need to create awareness among stakeholders and partners on the ills of their erstwhile generally ‘tolerated’ discriminatory practices remains a primary tool in getting the national cohesion and integration agenda adopted widely

KRA 2: The elimination of all forms of discrimination (ethnic, racial, religious and social origin) in KenyaSystematic intervention at policy level that ensures adoption of practices and procedures in public service delivery that is not and is not seen as discriminatory provides opportunity to eliminate discriminatory practices that counter national unity and foster a feeling of nationalism.

KRA 3: Strengthening good governance in the implementation of the new constitution through emphasis on equitable access to public resources.

The new governance system under the Constitution if not accurately implemented can easily further disintegrate the country along ethnic lines. Balancing the need to emphasize professionalism and good leadership vis-à-vis promoting actual and participation by all offers the opportunity to forge a united, harmonious and prosperous Kenyan society.

KRA 4: Promote research and monitoring of the status and trends of national peace and stability and advice relevant state agencies.

Reliable data and statistics provide useful tools in addressing issues of perception and feelings of non inclusion. In addition, they offer useful basis for policy direction that foster peace and unity.

KRA 5: Facilitate the operationalisation of laws, policies and practices that counter ethnic, race and religious tensions.

Providing an enabling environment within which to bring policies, laws and practices into full effect remains a major factor if peaceful and harmonious coexistence are to be present. This necessarily dictates the need to constantly monitor the scope and extent to which violations are present. A key aspect of this includes thorough monitoring of hate speech as well as negative stereotyping which remain major threats to peaceful co-existence of citizens of different ethnicities.

Documents

Contents Notes ACRONYMS 3