INTERIM NARRATIVE REPORT; SEPTEMBER 2014 – … FINAL YEAR ONE INTERI… · INTERIM NARRATIVE REPORT; SEPTEMBER 2014 – SEPTEMBER 2015 ... View Hotel in Busia and 14 at Nomad Trail

EIDHR 2014/348/866 10/09/2014 and 01/09/2015

INTERIM NARRATIVE REPORT; SEPTEMBER 2014 – SEPTEMBER 2015

SUBMITTED BY THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS

(KNCHR)

2013.1 Page 1 of 46 EU FINAL YEAR ONE INTERIM REPORT - 10 Dec 2015

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Table of contents 1. Description ......................................................................................................................... 4 2. Assessment of implementation of Action activities .............................................................. 5

2.1. Executive summary of the Action ............................................................................. 5

2.2. Results and Activities ................................................................................................ 9

2.3. Training of 26 Media Personnel at Red Cross Training Centre in Kwale, 15 at Farm View Hotel in Busia and 14 at Nomad Trail Hotel in Marsabit. .. Error! Bookmark not defined.

2.4. Community and Public Forums on the work of Human Rights Defenders in Kwale,

Marsabit and Busia Counties;Amagoro,Ukunda,Funyula,Bumula,Lutsangani,Matayos,Vanga, Lunga Lunga, Sessi, Moyale Town, Marsabit and Msambweni Error! Bookmark not defined.

2.5. High level lobbying meetings in Nairobi, Intercontinental and Panafric Hotels, with

13 members of various CSOs. ....................................... Error! Bookmark not defined. 3. Beneficiaries/affiliated entities and other Cooperation ...................................................... 36 4. Visibility ........................................................................................................................... 37


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List of acronyms used in the report KNCHR – Kenya National Commission on Human Rights HRDs – Human Rights Defenders EU – European Union NPS – National Police Service NPSC – National Police Service Commission CSO – Civil Society Organization NGO – Non – Governmental Organization LEO – Law Enforcement Officers LEA – Law Enforcement Agencies CPA – County Policing Authority ATI – Access to Information KPS – Kenya Prisons Service


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1. Description

1.1. Name of Coordinator of the grant contract: Patricia Nyaundi

1.2. Name and title of the Contact person: Patricia Nyaundi, Commission Secretary

1.3. Name of Beneficiary(ies) and affiliated entity(ies) in the Action: Human Rights Defenders, the Public, Civil Society Based Organizations, Law Enforcement Agencies and the Public

1.4. Title of the Action: Safeguarding Constitutional Rights, Human Rights Defenders and Security

1.5. Contract number: EIDHR 2014/348 - 866

1.6. Start date and end date of the reporting period:10/09/2014 – 10/09/2015

1.7. Target country(ies) or region(s):Busia, Kwale and Marsabit

1.8. Final beneficiaries &/or target groups1 (if different) (including numbers of women and men): : Human Rights Defenders, the Public, Civil Society Based Organizations, Law Enforcement Agencies and the Public

1.9. Country(ies) in which the activities take place (if different from 1.7):

1 “Target groups” are the groups/entities who will be directly positively affected by the project at the Project Purpose level, and “final beneficiaries” are those who will benefit from the project in the long term at the level of the society or sector at large.


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2. Assessment of implementation of Action activities

2.1. Executive summary of the Action

This interim report provides a status update on the progress made in year one of the

project implementation period. The project has put in place all the requirements for

the successful implementation that included the mapping of all the actors for the

action, training various groups that included the media, human rights defenders and

law enforcement agencies, community oriented actions such as open forums on

various aspects of human rights defenders, investigations and high level lobbying on

various aspects of human rights defenders among other activities. These outputs have

led to the realization of various intermediate outcomes but more would be realized

into year two of the project.


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The mapping exercise was undertaken at the inception of the project and a report

dubbed “Champions of Rights; A Report on the Situation of Human Rights Defenders

in Kwale, Busia and Marsabit” was launched jointly with CEFA in February 2015. The

mapping exercise led to the creation of County and Sub – County Human Rights

Defenders Networks that are managed by County and Sub – County Coordinators

who are the liaison persons for KNCHR. The mapping exercise consequently led to

capacity building for three different groups that included the Media, the Human

Rights Defenders and the Police where a total of 120 men and 30 women were

reached in the 3 categories. The self – representation manual for the Human Rights

Defenders was developed and disseminated to HRDs in the project sites to enable

them to both observe the law as well as defend themselves better whenever faced

with legal matters arising from their human rights defence actions. Public forums on

the work of HRDs as well as on Police Vetting were held with an overall goal of

enlisting community support for the work of HRDs as well as participating in Police

Vetting process. The HRDs have taken the lead role in these community initiatives for

purposes of ownership and sustainability. On the same breadth and in line with

supporting the comprehensive legislation and policy framework, the KNCHR

participated in the monitoring of the 2015 Police Recruitment exercise and the

monitoring report from this exercise shared with the relevant actors. 2. The LEOs, the

HRDs and the members of the community have come to the common realization that

they all need each other for their proper functioning and there are indications in the

ground of collaborative efforts towards that direction.

High level lobbying on the need to open up the space for HRDs has been carried out

that culminated to the invitation by the KNCHR by the Special Rapporteur on Access

to Information from the African Commission on Human and Peoples’ Rights to share

the model law on access to information and lobby the government to adopt the

various proposals on the same. This would be beneficial to the work of HRDs

especially at the County level where issues of full disclosures have become a challenge

due to lack of a specific legislation to aid in this.

2 National Police Service, National Police Service Commission, the Independent Policing Oversight Authority, the Ministry of Interior and Coordination of National Government and the Kenya Prisons Service 2013.1 Page 6 of 46 EU FINAL YEAR ONE INTERIM REPORT - 10 Dec 2015

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Various actions have been taken as part of the visibility of the project, that includes;

the development of a microsite, (hrd.knchr.org), creation of a twitter handle,

(@HRDknchr) and the creation of watsapp group in each of the project sites for ease

of interaction and sharing of information on various aspects of HRDs work.

The following are the specific objectives of the project whose levels of achievement

would be discussed in details in the report;

a) To improve the observance of the rule of law in the interactions between security agencies and human rights defenders

b) To increase the adoption of human rights standards in security related policies and legislation at national and county levels

c) To enhance the collaboration between HRDs and local communities for better protection of human rights.


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Figure 1; Ms. Marjaana SALL, the Deputy Head of the EU delegation giving her speech during the project launch of the Report on the Situation of Human Rights Defenders in Busia, Kwale and Marsabit.


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2.2. Results and Activities

This project served to meet the following objectives;

a) To increase the observance of rule of law in the interactions between security

agencies and human rights defenders

b) To increase the adoption of human rights standards in security related policies and

legislations at the county and the national level

c) To enhance the collaboration between HRDs and local communities for better

protection of rights.

In achieving the above objectives, the following interventions were to be undertaken;

a) Capacity building and institutional strengthening

b) Advocacy for effective implementation of comprehensive legislation and policy

framework

c) Strengthening custodial practices for better protection and promotion of the work

of HRDs.

d) Investigations and Redress.

The following are the results for each category of the activities carried out;

R1 – Training of Human Rights Defenders

This is/was the bedrock of this project as it provided the launch pad for all the activities that

were to be carried out in the project sites. The training arose from the understanding that

HRDs lacked the basic skills that are required for effective advocacy and this had created the

acrimony witnessed between the HRDs, the security agencies and the members of the public.

Trainings have been carried out in all the 3 project sites of Kwale, Busia and Marsabit as had

earlier been planned with a total number of 60 Human Rights Defenders participated in the

training. The training answers to the following project indicators;

1.1 “Indicator 1” - % reduction in arbitrary arrests and detention of people identified as HRDs or people who are mishandled by law enforcement agencies for the same cause.

This indicator speaks to both the activities that touches on both the training of HRDs and the

Law Enforcement Officers (LEOs) as well as the various activities that are carried out with these

two groups of beneficiaries; the LEOs carried out arbitrary arrests due to lack of understanding

of the work of the HRDs while the HRDs would be arrested for either operating outside the

law or not understanding effective advocacy skills. 2013.1 Page 9 of 46 EU FINAL YEAR ONE INTERIM REPORT - 10 Dec 2015

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During the period under review, 3 demonstrations were held in Busia County and out of the

3, none of the HRDs were arrested and instead, police leadership availed security officers to

provide the demonstrators (HRDs) with the required security. During the same period prior to

the project commencement, 6 HRDs had been arrested for participating in similar

demonstrations and have cases at Busia Law Courts.

In Kwale County, 1 demonstration was carried out during the period with no arrest being

made as the demonstration was peaceful and had followed the due process of the law as

compared to those done before the project inception where 3 demonstrations had been

carried out with 3 arrests of HRDs in each of the demonstrations.

The situation was the same in Marsabit County, where zero cases of arrest among HRDs

working in the region were reported.

Selected stories of change;

During the 2015 police recruitment exercise that was conducted in all parts of the Country, the

KNCHR engaged HRDs in all the project sites in monitoring the exercise and the reports

received from the HRDS indicated that they were well received by the police upon

identification as human rights defenders and that the police were willing to give them

whatever information they needed. This is a positive step towards cementing this relationship

and avoiding cases of arbitrary arrests and tensions between the LEOs and the HRDs. The

KNCHR will further build on these gains. HRDs have, however, also reported that some

police officers have remained uncooperative and still have a negative attitude towards HRDs.

1.2 Indicator 2 - % reduction in complaints by HRDs against LEOs

The complaints emanating from the HRDs arose from the fact that LEOs do not clearly

understand the work of the HRDs, they were mostly viewed as troublemakers. This myth was

to be corrected through trainings of LEOs which was aimed at increasing their understanding

on the work of HRDs. During the trainings, the LEOs confessed to have had a poor

“We really want to appreciate the training offered by KNCHR and the close working relationship that the Commission has accorded to us. The training made us see things from a very different perspective and we are now able to have an open and honest dialogue with the County Government on the issues that are effecting us. It has greatly reduced the number of demonstrations that we used to engage in as we are now able to consult before carrying out any demonstration. However, we still have a challenge with the police and we thus call for an open dialogue with them to clearly understand the role of each other” Conversations with an HRD in Busia County.


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relationship with the HRDs, this is due to the misunderstanding that had existed between

them.

The complaints by HRDs against the LEOs have always been channelled to fellow HRDs

especially those that have leadership positions and who are currently the County Network

Coordinators. In Busia County, the Coordinator reported to have received only 2 complaints

over a period of 3 months on alleged misunderstanding between the HRDs and the Police.

During the same period of 3 months before the project inception, he had received a total of

21 complaints of misunderstanding between LEOs and HRDs on a range of issues.

In reducing the number of complaints between the HRDs, the LEOs and the Media, the

KNCHR organized for a one-day consultative meeting to discuss the various issues that were

leading to the strained relationship in each of the 3 regions. This meeting led to the creation of

a liaison committee in each of the 3 project sites which helps in dispute resolution.

In Kwale County, 6 complaints on misunderstanding between the HRDs and LEOs were

reported as opposed to 14 which were received 6 months before the project inception. While

in Marsabit County, only 2 cases were reported. These complaints have been followed up and

resolved by a dialogue between the HRDs and the LEOs as opposed to the earlier period

where the LEOs and the HRDs could not have an amicable dialogue.

Selected stories of change;

“The Police in this region that have interacted with this project have really changed their attitudes and actions towards us, the HRDs. They now clearly understand what we do and in cases where we have complaints because we cannot agree on issues, we sit down and talk it and get an amicable solution. This is a great step to the work of HRDs in this region3.”

While we do an important job of maintaining law and order across the board, we have a strong misunderstanding with the HRDs as we have always seen them as people that like bringing problems where none exists. However, this has been because of our misunderstanding which has been created by the fact that we do not understand their work. This has now been cured through this training and we now promise to work together since we are all working towards the same goal of protecting and promoting rights4.

“Our presence is being felt. We have been emboldened. We know that behind us there is the KNCHR. Our relationship with administrators has improved, especially our relationship with the police. County commissioner also works very well with us. All these can be attributed to the work that KNCHR is undertaking with us in this project5”.

The results derived from the training for the HRDs can be summarised in the below chart;

3 Conversation with a HRD in Marsabit County. 4 Sentiments by a Police Officer during the training of LEOs on the work of HRDs. 5 Conversation with a HRD in Busia County 2013.1 Page 11 of 46 EU FINAL YEAR ONE INTERIM REPORT - 10 Dec 2015

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Figure 2; HRDs various areas of improvement based on the trainings (Busia County)

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Understandingon laws guiding

HRDs

Improvement onadvocacy skills

Relationsbetween HRDs

and LEOs

Support for HRDs Rate of violations Strength of HRDsNetwork

Positive change Negative change No change

It is important to note from the above figure that despite the creation and existence of a

network, this network has not had regular meetings due to budgetary constraints and thus

would be an area of interest and to devote some resources in year two of the project.

The next year would see the training of HRDs continued with the focus being on the HRDs

that were not reached as well as focusing on particular aspects that were discovered to be

deficient in the HRDs during the outcome monitoring that was done at the end of year one.

A1.1. Training of HRDs at 15 Human Rights Defenders at Nomads Trail Hotel in Marsabit, 25 Human Rights Defenders at Farm View Hotel in Busia and 20 Human Rights Defenders in Red Cross Training Centre in Kwale

The 3 trainings that were simultaneously in the 3 project sites was delivered to the Human

Rights Defenders that were identified during the initial mapping exercise which was the launch

pad of the project. The trainings were based on the capacity gaps that were identified as well

as the areas that were identified during the time of project proposal development. The

trainings served to meet the following objectives;

a) Equipping the HRDs with skills that would enhance efficiency in their work and ensure

better individual protection through improved personal capacities and familiarity of

handling crisis situations and threats.


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b) Building the capacity of HRDs in understanding the both the national and international

framework guiding the work of human rights defenders.

c) Initiating a viable coalition of human rights defenders that would effectively be each

other’s keepers.

In meeting the above objectives, the following was the training content;

a) Guidelines on Human Rights Defenders

This component sought to look at the two guidelines guiding the work of human rights

defenders; the EU guidelines and the UN declaration on Human Rights Defenders. This was

due to the fact that majority of the HRDs operated without either taking into consideration

the requirements of these guidelines or there were those that have never had of the guidelines.

The presentation provided an opportunity for the training participants to have a self –

reflection on whether they have operated as per the requirements of these guidelines or

otherwise and the specific actions that they needed to undertake to abide with these

guidelines. The presentation further looked at the importance of following these guidelines

and the benefit that the Human Rights Defenders would have when they operate as per the

requirements of the guidelines. This was a great eye – opener to the Human Rights Defenders

especially those that had been operating without taking into consideration the requirements of

these guidelines.

b) National and International Framework supporting the work of Human Rights Defenders; Legislations and Institutions.

This presentation looked at the various local and international legislations supporting the work

of Human Rights Defenders and how the same could be of importance to the work of the

Defenders. The presentation further looked at the importance of the special rapporteurs and

how the same could be of help to the work of defenders within their specific contexts as well

as the importance of the international missions to the work of defenders. This session was

important to help the HRDs in understanding that the work that they do for the community

has an international backing and there are a couple of institutions and bodies that can be of

help to them especially when faced by the challenges which is faced by them more often than

not in the course of their work.

c) The Court Process

The KNCHR developed a specific manual for self – representation for human rights defenders

which looks at the court process in totality from the point of arrest to the point of being taken

to the Prison. These included the rights of an arrested person, application of bond or bail, 2013.1 Page 13 of 46 EU FINAL YEAR ONE INTERIM REPORT - 10 Dec 2015

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decorum in the courtroom, defending oneself during the court process among other aspects.

This session was key to Human Rights Defenders as they are more often than not involved in a

series of court processes and most of them end up being convicted due to lack of knowledge

of the court process and securing advocates each time a Human Rights Defenders gets into

conflict with the law is quite a tedious and an expensive undertaking.

d) Networking Opportunities

This session was important for the Human Rights Defenders as provided valuable lessons on

networking for the purpose of managing the network that has been created for their own

benefit within the Counties. It aimed at providing them with information on linkages with the

relevant institutions that can be helpful to the kind of work that they do such as the National

Coalition of Human Rights Defenders, Protection International, and Front – Line Human

Rights Defenders among others. These are networks that would be useful for the success of the

project as well as for purposes of sustainability beyond this project in the three project sites.

Conclusion

This training provided a perfect opportunity for the human rights defenders within the three

project sites to clearly understand what is means to be a human rights defenders and the

actions that would be required from them to be able to deliver on the various aspects of their

human rights defence work. It further provided an opportunity for the Human Rights

Defenders to learn the required lessons for linkage and running their network. After the

training, some of the human rights defenders have been enrolled as members of the National

Coalition of Human Rights Defenders and more efforts are being put in place to enrol more.


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R 2 – Training of Law Enforcement Officers

Three trainings were conducted in each of the three project sites where a total of 60 Police

Officers were trained with 45 being male while 15 being female. The trainings correspond to

the two indicators below;

1.3 Indicator 3 and 4 - Number of law enforcement officers trained on instruments relating to the work of HRDs (disaggregated by gender and region) as well as the number of LEOs demonstrating understanding the work of HRDs.

The training was aimed at reducing the number of complaints on violations against HRDs,

with the knowledge gained, the officers would handle the HRDs as per the law and thus

reduce incidences amounting to infringement of rights. Further, the training would over time

lead to reduction in the number of arbitrary arrests as the Police would clearly understand

how to deal with HRDs.

A total of 60 LEOs who were trained demonstrated an understanding of international,

regional and national human rights instruments and how they relate to the work that they do.

Further, 55 LEOs regarded themselves as HRDs and thus resolved to give maximum support to

the course of other HRDs. However, 5 of the LEOs could not clearly understand the work of

HRDs, they viewed HRDs as troublemakers, busy bodies and a hindrance to their work,

among other terms. KNCHR will therefore focus on the 8% who still have a difficulty

understanding the roles of HRDs during the next implementation period. The year two of the

project would see the trainings carried out for more LEOs as well as a focus on the Prison

Officers who deal with these HRDs once they are arrested so that they not only understand

the work of HRDs but they have a common understanding of treating all in – inmates in line

with the promotion and protection of their rights.

The below is data derived from an outcome monitoring exercise in Busia on the officers

understanding the work of HRDs.


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Figure 3; Understanding the work and the instruments relating to the work of HRDs (Busia County)

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Busia Police Station Malaba Police Station Port Victoria PoliceStation

Funyula Police Station

Understands Doesn't understand

Figure 4; LEO regarding themselves as HRDs (Busia County)

A2.2. Training of the 20 Police at Nomads Trail Hotel in Marsabit, 20 Police Officers at Farm View Hotel in Busia and 20 Police Officers at Red Cross Training Centre in Kwale.

The trainings that were simultaneously carried out in the three project sites all had the

participation of 3 police officers from each of the sub – counties within each of the project

sites as well as police officers that are working at the county commander’s office. The


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participants were drawn based on a criteria that had been developed by KNCHR and asked

for the participation of officers that are involved in both operational and supervision duties.

These trainings served to meet the following objectives;

a) To enhance the understanding of police officers on human rights principles and standards

b) To enhance the police officers’ understanding of the need to support the work of human rights defenders.

c) To encourage the police officers to develop a close working relationship with HRDs and to help create an enabling environment for the work of HRDs.

In achieving the above objectives, the content that was delivered for the trainings is hereby

provided;

a) Introduction to human rights

This session was aimed at demystifying the relationship between human rights and policing.

The officers were taken through the fundamental human rights as protected under the Kenyan

Constitution, Regional and International Instruments.

Emphasis was laid on the important role police play in the protection of human rights,

especially civil and political rights. During the presentation some officers indicated that human

rights can be a hindrance to effective policing. The police were informed that the protection

and promotion of human rights should be the foundation of effective policing. The police

were encouraged to appreciate the link between human rights and their work and to

incorporate human rights into their day to day operations. The police officers were also taken

through various illustrations to demonstrate that when police work is carried out within the

rule of law, human rights and policing cannot conflict.

b) Human Rights Defenders Guidelines

During this session the participants were taken through the Guidelines for Human Rights

Defenders. The aim was to help the police understand who human rights defenders are, what

they do and how they do their work. The police were made to understand that there are no

qualifications for being a human rights defender and that anyone could be a human rights

defender. They were also informed that human rights defenders may sometimes take very

unpopular, even wrong, stances but as long as they are working to protect human rights they

need to be supported. By the virtue of the work, the police are actually the first line of human

rights defenders and are the Government primary agent in the protection and defending of

rights. The police were informed that human rights defenders are required to work within the


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boundaries of the law and thus Human Rights Defenders are actually law abiding citizens who

should be given the support that they require from the police.

c) Democratic Policing

During this session discussions highlighting what encompasses democratic policing were held.

The police were reminded that they are the most visible representatives of the State. The

officers were taken through the history of policing in Kenya and the controversies between

human rights defenders and policing. The officers were taken through the democratic policing

approach which actually makes it easier for them to work with human rights defenders and

how the principles of democratic policing can be applied by them when dealing with human

rights defenders in the course of their work.

d) Policing within international human rights standards and the standards guiding the work of human rights defenders.

During this session the police were taken through the principles of policing, namely; the

principles of necessity, legality, proportionality and accountability and how these guide their

work with human rights defenders. They were also taken through the basic human rights

standards for law enforcement officials and encouraged to apply those standards in their work

when dealing with human rights defenders.

e) Protecting and supporting human rights defenders

Having been informed about the work of human rights defenders and the need for police to

apply human rights standards in their work, the police were during this session encouraged to

actively support the work of human rights defenders. They were enlightened about the

challenges human rights defenders face from both State and Non-state actors. They were also

taken through the reasons why police should support the work of human rights defenders and

how the defenders would then support the work of the Police and thus making their work

complement each other.

The police were encouraged to appreciate the fact that since their work is essentially meant to

protect human rights, they should see the work of human rights defenders as being

complementary to their own work. They were encouraged to be at the forefront in helping to

create a safe environment which promotes the work of human rights defenders which in turn

would make their law enforcement work fairly easier when dealing with the entire

population.

Conclusions and Recommendations


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The training served as an avenue for the officers to gain some knowledge on human rights and

human rights defenders. The officers also appreciated the need to support human rights

defenders and to protect them. The officers further had an opportunity to cite the challenges

they face in their work and how these affect their interaction with human rights defenders

working on specific areas. The challenges mentioned by the officers pointed on the need to

have a joint meeting between members of the public, the human rights defenders and the

media in order to effectively carry out their work. It was also clear at the end of the training

that there is need for more engagement with the police on the application of human rights

standards in their work and the need to support human rights defenders in their areas of work.

Policing work and human rights defenders should complement each other for the benefit of

Kenyans. The law enforcement agencies resolved to support the work of human rights

defenders in all the areas that the HRDs may require.


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Figure 5; LEO during a training in Marsabit County

R 3 – Community Sensitization

Community support for the work of HRDs plays an important role in ensuring that the HRDs

deliver on the mandate of protecting the rights of the people. This support has largely been

lacking in the various communities and the project sites is not an exception. This result falls

under the two indicators below and goes a long way in achieving the project goals;

1.4 Indicator 5 and 6; Number of community members sensitized on the rights of HRDs and the Quality of sensitization materials assessed by selected stakeholders.

A set of materials were developed for all the trainings that were carried out in the three

project sites. These materials were then subjected to an internal review before the same were

delivered during the trainings. The team reviewing the documents were in consensus that the

materials met the threshold as per the project document.


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A total of 18 public forums were carried out with 6 being in Busia, 6 in Marsabit and 6 in

Kwale. A total of 433 members of the community were reached with 336 of these being

female and 97 being male. This is an indication that more women attend community meetings

as opposed to men. On the other hand, male gender are mostly engaged in professional work

such as the police and the media than female. A lesson learnt on this is the need to have

strategies that have particular focus on women on matters of HRDs as they seem to be the

greatest attendance. The community members were sensitized on the rights of HRDs as well as

the need for their support to the work of HRDs.

All the 433 members of the community committed to supporting the work of HRDs, in return,

the HRDs are required to benefit the community. The HRDs support to the community would

be through providing fair resolution of conflicts, linkage with the necessary government

institutions, advocating for accountability in the running of the affairs of the community

among other means.

While we see these people (HRDs) walking around, we have never clearly understood what they do as we see them as people who are only out to cause problems. After today’s meeting, I now see them as people whose work is actually to help us and thus would be seeking for their help when we have problems on land, children, orphans, wife – beating, CDF among others. Through this, we would be able to work together for the benefit of this community6

The Commission undertook several radio talk shows that were largely attended by HRDs who

are our greatest brand ambassadors in these regions. The radio stations that were engaged at

the beginning included Radio Kaya in Kwale County, Bulala FM in Busia County and the Star

FM in Marsabit County. The engagement through the radios was to ensure that the voices of

HRDs are heard beyond the communities that they serve as well as top assist in the

dissemination of the content that they had acquired through the trainings and the workshops

organized by KNCHR at the onset of the project.

The KNCHR developed radio skits that were shared with the HRDs since the presentation of

the same were to be carried out by them for purposes of ownership and identification with

the community. The HRDs grasp of the local issues allowed them to have an emotional

attachment to the messages which helped in drawing a large audience and radio listenership. A

total of 5 HRDs were used in delivering these radio skits.

Below is an introductory message that ran with the skits;

6 Quote from a community public forum on the work carried out by HRDs and the commitment to work together for human rights promotion and protection. 2013.1 Page 21 of 46 EU FINAL YEAR ONE INTERIM REPORT - 10 Dec 2015

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Kwa muda mrefu sasa, sehemu nyingi katika kaunti ya Kwale imekuaa ikididimia kwa upweke. Hali ya anga, ukosefu wa rasilimali tofuati za ukulima, hali duni ya masomo, huduma duni za afya,na ubaguzi ni kati ya changamoto zilizofanya kaunti hii kuwa kimya na hata kutoweza kuchangia katika maendeleo ya nchi. Ili kupaza sauti ya yanaotendeka kaunit hio, wakaazi wanategemea sauti za watetezi wa haki il hali watawakilisha malalamishi yao ipasavyo. Wiki hii, jiunge nasi kila saa mbili na nusu kwa mchezo wa kuigiza utakao jaribia kugusia mambo kasha kwale, kujua mtetezi haki ni nani na unawezaaje kuhusika kama mwananchi wa kawaida katika kueneza haki. Ongea nasi kwenye mtandao wa twitter @HRD_knchr.

Translated in English

For a long time now, many areas in Kwale County have been ravished by poverty. Harsh hot weather, poor agricultural resourcing, poor education standards, poor public health services, discrimination are just but some of the factors that have hindered the county from being a key contributor to development of the country. In order to have their voices heard on this issues, citizens of Kwale County have been relying on Human Rights Defenders to represent their grievances to various government and non-governmental bodies. Tune in this week from 8.30 am for a skit that will attempt at speaking about hot human rights issues in Kwale, to know your human rights defenders and their role in enhancing the realisation of human rights. Reach us on our twitter during the week @HRD_knchr.

Below is the link to the skits;

EP1- https://www.youtube.com/watch?v=bhP0n2V565I

EP2- https://youtu.be/O0EXMMAYnNM

EP3- https://youtu.be/6o7kNvJSo_k

EP4- https://youtu.be/i-3ceO4WY0k

These skits have served to reach a wider section of the communities and it is believed that

those who are reached would not just begin to appreciate the work of the HRDs but would

too give them the necessary support as well as utilize them in times of need.

Year two of the project would largely focus on more media engagement that would include

the radio skits as media features in both print and electronic that would be highlighting the

various project achievements as well as the possible ways through which the communities can

support the work of HRDs.

A3.1. Community and Public Forums on the work of Human Rights Defenders in Kwale, Marsabit and Busia Counties; Amagoro, Ukunda, Funyula, Bumula, Lutsangani, Matayos, Vanga, Lunga Lunga, Sessi, Moyale Town, Marsabit and Msambweni


https://www.youtube.com/watch?v=bhP0n2V565I

https://youtu.be/O0EXMMAYnNM

https://youtu.be/6o7kNvJSo_k

https://youtu.be/i-3ceO4WY0k

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The community and public forums served to provide the members of the community with an

opportunity to learn more about the work that the Human Rights Defenders and how the

community can support the work of human rights defenders as well as how the community

can benefit from the work that is done by the human rights defenders. A total of 18

community forums have been carried out in the 3 project sites and each of these have been

carried out in community based facilities such as churches, schools, community halls and open

spaces. The forums have been facilitated by both the KNCHR staff and the Human Rights

Defenders but the defenders have been given a more prominent role so that the public can

clearly understand the work that is carried out by the defenders and how they can give them

the required support.

A3.2. The Dialogue Forums between the HRDs, LEOs and the Media of 16 Participants in Marsabit County at Nomads Trail Hotel, 42 participants at Red Cross Training Centre in Kwale and 31 participants at Farm View Hotel in Busia County

The dialogue forums were carried out to provide an open space where the media, the HRDs

and the LEOs that had been trained can share their various experiences and thoughts on

supporting the work of HRDs in different aspects. The dialogues were ran through panels that

were chaired by the top leadership of the police within the region, top leadership of the

media and HRDs. Each of the sectors provided an insight on the work carried out, the

challenges experienced and the proposed remedies and support that was required from the

other parties. An open plenary session was then facilitated by the KNCHR staff which too

involved responding to some of the issues raised by the participants.

The meetings in each of the places created a liaison group that is composed of membership

from each of the sectors ( HRDs, Police and the Media) for purposes of fostering closer

working relations as each of the groups could easily now understand the work of each other.

A3.4. Public Forums on Police Vetting in Kwale, Marsabit and Busia Counties; Amagoro, Ukunda, Funyula, Bumula, Lutsangani, Matayos,Vanga, Lunga Lunga, Sessi, Moyale Town, Marsabit, Loyangalani, Al – yusra and Msambweni

The capacity building of the members of the public was necessitated by the fact that the

information required for the vetting ought to have originated from the members of the public

which had largely been lacking in the police vetting process.

The members of the public were taken through the various Acts supporting the process of

vetting, the need for the public to participate in the process, the various institutions where the

complaints could be channelled to on the police among other areas. The forums provided an


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opportunity for the public to engage with the process and a couple of complaints are lined up

for submission to the National Police Service Commission.

R4 – Training of the Media.

The media in general plays an important role in supporting the work of HRDs as well as

doubling up as HRDs themselves. In recognition of this important role and the crucial role that

they are expected to play in this project, 3 trainings have been carried out in the 3 project sites

where a total number of 55 media personnel were reached. These media trainings fall under

the following indicators;

A4.1. Training of 26 Media Personnel at Red Cross Training Centre in Kwale, 15 at Farm

View Hotel in Busia and 14 at Nomad Trail Hotel in Marsabit.

This training for the media fraternity had the participation of journalist and correspondents

that work for both the community radio stations that operates within the project sites as well

as the national based radio, television and newspaper stations. This mix was a deliberate effort

to ensure that the human rights defenders agenda gets driven from two points; both at the

national level and at the grassroots. The media stations and correspondents that were reached

included the Standard Newspaper, Nation Newspaper, Star FM, Radio Citizen, Bulala FM, Star

FM and Sifa FM.

These trainings served to meet the following objectives;

a) To enhance the understanding of media practitioners on human rights principles and standards

b) To enhance the media practitioners’ understanding of the need to support the work of human rights defenders.

c) To encourage the media personnel to develop a close working relationship with HRDs and to help create an enabling environment for the work of HRDs.

In meeting the above objectives, the following is the training content that was delivered;

a) Understanding human rights and underlying principles

During this session the journalists were taken through the fundamental human rights as

protected under the Kenyan Constitution, Regional and International Instruments. The session

was aimed at enlightening the journalists on the concept of human rights, the human rights

principles and give an introduction to the human rights defenders concept.


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b) The media and human rights: points of intersection

The purpose of this session was to explore the link between the media and human rights

promotion and protection and how the conversation about human rights defenders gets into

the debate of this intersection. The participants were informed that there are two main points

of intersection between the media and human rights.

Two points were worth noting in this presentation; one is the considerable degree of overlap

of subject matter between the two areas. Much of reporting concerns matters that directly or

indirectly have a human rights content. In that sense the media and human rights cannot be

separated. The other point of intersection is the fact that freedom of the media is itself a

human right. In order to hold their governments to account citizens would need a free media

and this is an area that human rights defenders greatly deals with in the course of their work.

c) Role of media in the promotion of human rights

This session was aimed at enlightening the participants on the very crucial role that they can

play in the protection and promotion of human rights. The participants were informed that

giving coverage to human rights issues is a crucial means through which duty bearers can be

held accountable. This is because the mass media are the most important sources of

information about human rights violations. In order to enhance the impact of the work of

individual human rights defenders or human rights organizations the support of the media is

necessary.

The participants were also taken through the need to widen their coverage of human rights

issues so that their reporting is not restricted to political and civil rights. They were encouraged

to extend their coverage to economic, social and cultural rights as all these are areas that

human rights defenders work on and thus covering them would automatically mean working

with human rights defenders.

d) Human rights as a news topic & human rights reporting

During this session the participants were taken through the concept of human rights reporting

and enlightened on how best they can capture human rights stories in order to increase the

impact of such stories.

The participants were informed on the need for proper contextualization of information. If

information is not properly contextualized the impact of that information on the public

cannot be as great as might be expected. The participants were also encouraged pay attention


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to the specific legal and policy implications the stories they cover may have and how the same

would affect the work of human rights defenders.

e) Impediments to good human rights reporting

During this session the participants were taken through the factors that hinder good human

rights reporting, with the main factors being bias and distortion of information. The

participants were informed that while media practitioners have the right to select which stories

they air and in what manner they air them, the public also has a right to critical and accurate

information. It is therefore important to strike a neat balance between these two competing

rights.

f) Journalists as human rights defenders

In this session the participants were informed of the position they can assume as human rights

defenders. They were informed that journalists can be viewed as human rights defenders for

two main reasons. Firstly, they are the generators and sources of information. It is journalists

who gather, process and present most of the information about human rights violations the

world over. In addition to just processing information, the media are political and moral

agents: deciding to highlight a particular story, taking clear editorial positions, and calling for

‘something to be done’.

Secondly, besides their independent role as producers of information, the media are the

carriers of information generated by human rights organizations. By supporting organizations

and individuals that work for the promotion and protection of human rights, journalists

contribute towards the protection of human rights and are therefore themselves human rights

defenders.

Through illustrations, one participant stated how he had successfully pressurized the OCS of a

particular police station in the county to arrest a man who was suspected to have defiled a

minor. Although this kind of pressure exposed him to victimization, he vowed to continue

fighting for justice for victims of sexual offences. This is a clear indication of the role of

journalists as human rights defenders.

Conclusion & Recommendations

The training provided the participants with an opportunity to learn about human rights and to

appreciate the work of human rights defenders. The participants also learnt that they have an

important role to play in the promotion of human rights and that they can also be human

rights defenders.


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Some of the participants noted that many human rights defenders in different parts of Country

are ‘attention seekers’ who use the media to attract the attention of would-be donors. While

this may be true, this notion points to the prevailing perception that media practitioners in the

county have about human rights defenders. It became clear, at the end of the training, that

there is need for a joint workshop involving the media and human rights defenders in order to

begin the conversation on how the two groups can work together. The Commission would in

the project period purpose to hold a joint workshop involving the media and human rights

defenders in the three counties, have consultative forums with senior editors of media

organizations since it is the senior editors who make the final decision on what is aired or

printed for public consumption and to finally encourage HRDs to refrain from misusing the

media and to see the media as an important tool in the delivery of their work.

1.5 Indicator 7; % increase in persons/organizations enrolling/professing to be HRDs

The media are human rights defenders by the virtue of the work that they do but none of

them considers themselves to be so. The trained media in the 3 project sites have formally

accepted themselves as human rights defenders and appreciate the fact that their function in

the society is key in the promotion and protection of human rights. The list of human rights

defenders has grown considerably from the group that KNCHR started with during the

mapping stage. The number of those professing the title of human rights defenders were only

60 and they included individuals and groups that were mapped during the mapping exercise

at the project inception.

The media fraternity have now formally accepted the recognition of the title of HRDs due to

the important work that they do within the community which is aimed at protecting and

promoting human rights.

R5 – Advocacy for an Accountable Police Service

This result involved monitoring reforms within the police service, through vetting of the

members of the National Police Service, a process that was at advanced stages at the time of

proposal development. However, this process developed challenges when the country faced

the mpeketoni terrorist attacks which led to the suspension of the vetting to give the police

officers time to deal with the attacks and this delayed the activities under this strand. The

vetting process has since resumed and the KNCHR is actively engaging in building the capacity

of the members of the public to engage with the process by providing relevant information to

the vetting panel. The KNCHR would then monitor the process in each of the three sites to

determine the effects of public participation on the same and the eventual outcomes. The


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KNCHR has in the meantime received the required support from the National Police Service

Commission and is ready to work with the KNCHR on any aspects that would improve the

quality of the vetting exercise.

A total of 105 members of the public in Kwale County were capacity built on the Police

Vetting Exercise and their expectations for the process. From the 105, 30 cases have been

identified for follow up by KNCHR, valid cases will eventually be forwarded to the National

Police Service Commission to aid during the vetting exercise.

In Marsabit County, a total of 55 members of the Community and 22 CSOs working within

the County have had their capacity built on Police Vetting Exercise. The KNCHR has identified

15 cases that would need to be documented for onward transmission to the National Police

Service Commission for the vetting exercise.

In Busia County, a total of 92 members of the Community and 15 CSOs working on issues of

the Police have had their capacity built on police vetting and are expected to successfully

engage with the process through ensuring that the deserving cases on human rights violations

are forwarded to the NPSC vetting panels. One challenge that was witnessed in Busia was the

general lack of understanding of the entire process which has then resulted into complete lack

of participation of the people of this region into this crucial process.

The KNCHR will continuously engage the 252 members of the public and the 37 CSOs to

ensure they identify and forward additional cases that would provide further information

regarding the officers to be vetted by the National Police Service Commission.

Another area of interest in police reforms is recruitment. The KNCHR in conjunction with

other partners participated in monitoring the just concluded 2015 Police Recruitment, a

monitoring report was shared in a high level meeting with the relevant stakeholders that

included the NPSC, NPS, DPP, and KPS among others. This report has been officially handed

over to the IG for purposes of taking up the various recommendations with a view of

improving the subsequent recruitment drives.

For the year two of the project, the focus on vetting would be sensitizing the various

stakeholders and the communities to engage in the process, developing a more nuanced

working relationship with the NPSC that has seen a meeting convened between the

stakeholders working on vetting in October 2015, monitoring the process in the project sites as

well as acting as an interface between the HRDs, the police and the vetting team during the

vetting exercise.


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R6 – Advocacy for an enhanced policy and legal framework for the protection of HRDs

The advocacy for enhanced policy and legislative framework for the work of HRDs touches

on both the national and international laws. At the national level, the work that had begun on

the development of the Bill on Victims of Crime has already been accomplished and the

Victims of Crimes Act is now in place. This Act would go a long way in reducing some of the

challenges that had earlier on been experienced by HRDs when they become victims of crime.

Further the KNCHR finalized the monitoring tool of places of detention that now incorporates

aspects of HRDs which then provides an opportunity to identify HRDs whenever visits are

carried to places of detention. The ongoing work on the revision of Chapter 90 and 92 of the

Kenyan Laws which governs Prison Management and the Rights of Arrested Person has seen

the completion of the exercise and handed over to the Kenya Law Reform Commission. The

KNCHR would be engaging with the members of the parliament to lobby for the passage of

this once it gets to the flow of the parliament. This advocacy would be heightened in year two

of the project that will see consultations and meetings on the draft being carried out.

The work on the development of guidelines on the use of force and firearms has already been

commenced by the National Police Service as per the National Police Service Act. The KNCHR

would be supporting this work in terms of validating the draft before it is eventually gazetted.

This would go a long way in safeguarding the rights of the HRDs when arrested as most of

them face harrowing experiences when arrested in the name of excessive force and of

firearms. This would be carried out in partnership with the National Police Service and the

National Police Service Commission. The KNCHR would further be engaging on the broader

aspect of supporting the work towards the completion of Draft Service Standing Orders that

would then be a tool for holding the police to account on matters of HRDs as this draft

provides an opportunity for promotion and protection of the rights of HRDs.

The creation of County Policing Authorities squarely rests with the County Governors who

should be the Chairs. This therefore means that the process of advertising for the positions,

interviewing, placement in the positions and providing any logistics that is related to the

position rests with the County Government. The KNCHR has begun preparatory work on this

by meeting the Governors or their designates, sharing the National Police Service Act, sharing

the Guidelines and encouraging them to speed up the process of the establishment. This has

eventually led to the signing of a memorandum of understanding between the Council of

Governors and the KNCHR which provides a road map and clear working relationship and

key among them is the establishment of the CPAs.


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Due to the KNCHR advocacy, Kwale County has successfully set up its CPAs with the training

being carried out by KNCHR and a working relationship developed between the HRDs in the

region and the CPAs which would culminate into the signing of a Memorandum of

Understanding. A key achievement of KNCHR in the advocacy towards the establishment of

CPA in Kwale is the successful application and inclusion of one of the HRDs in the region who

would sit in the CPA and thus drive the HRDs agenda within the County.

A6.1. High level lobbying meetings in Nairobi, Intercontinental and Panafric Hotels, with 15 members of various CSOs and the Senate Committee on Access to Information

Three high level lobbying meetings were carried out with the Department of Justice, Senate

Committee on Information and Technology as well as with the Special Rapporteur on Access

to Information from the African Commission on Human and Peoples’ Rights. The meeting

with the Department of Justice focussed on the ratification of various Optional Protocols that

the country is yet to ratify. The County during the last review had shown no commitment to

ratifying any of the optional protocols and thus the need for the intense lobbying with the

relevant actors for ratification of the same. The lobbying resulted into a commitment from the

Department into pushing further the AG in ratification of the same.

The Special Rapporteur on Access to Information was invited by the KNCHR to help in

lobbying the Country in adopting an Access to Information Bill that has been prepared by the

Government. The Rapporteur had several engagements while in the Country that included

with the Deputy Chief Justice, the Attorney General, and the Cabinet Secretary for

Information and Technology, the Judicial Training Institute and the mover of the Bill. The

import of this Bill to the HRDs is that it provides an opportunity for transparency and

accountability in the running of the of both state and non – state affairs. This is a key area in

promoting the work of Human Rights Defenders and the passage of this Bill into an Act would

provide an opportunity for the more HRDs engagement on different aspects of promotion

and protection of human rights.

R7 – Investigations and Redress

While investigations into various cases have not commenced as the collection of these cases is

ongoing to fit into the threshold of a public interest litigation, the redress component has

taken root with the process of development of the self – representation manual accomplished

and a total of 250 copies of the same printed. The manual has been distributed in the various

project sites as well as in the microsite as well as the KNCHR website.


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Several strategy meetings have been carried out for purposes of further investigations and year

two of the project will solely be focussed on further investigations with an ultimate aim of

building a case for public interest litigation on matters that affects human rights defenders.

Possible matters for PIL include the criminalization of HRDs work as well as the huge bond

and bails imposed on the HRDs when in conflict with the law.

The following cases have been identified for further investigations and possible inclusion into

PIL,

a) The alleged killing of Hassan Guyo, a Human Rights Defender in Marsabit County by

the security agencies whose case eventually proceeded to a public inquest leading to

the exoneration of the security agencies from the alleged murder. The Commission

would be seeking to push this further so that justice can be realized for the family and

HRDs in general.

b) The land case in Kwale by KISCOM where several HRDs have been victimised for

speaking about the violations that are meted on the locals by the Sugar Company

c) Profiling and victimization of HRD bloggers who are targeted by state security agencies

that then hinders the bloggers from participating in their duty of providing the public

with the right information required for the exercising of the rights of the members of

the public.

In all the above, there shall be a vibrant media campaign to ensure that there is maximum

public for the success of the initiatives.

R8 – Publicity and Profiling of the Project

In an effort to publicize and profile the project, the following activities have been carried out;

d) A microsite (hrd.knchr.org) has been created which has over the period had 132

visits/views from both within the County as well as outside the Country. The site has

information on various aspects of the project as well as general information on the

work of HRDs. The site is further linked to that of the National Coalition of Human

Rights Defenders as well as that of the European Union so that those who visit the site

can too have access to these other two websites.

e) A twitter handle (@HRD_knchr) has been created and has a total of 50 followers and

follows 48 people. The twitter account serves as an avenue for sharing issues that

keep rising on matters of the project.


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f) Open spaces have been secured at the project implementation sites and discussions

have been concluded with the County Governments on providing the open spaces at

reduced costs. These spaces would be utilised in year two where they shall be

decorated with messages on human rights defenders for the public. Some of these

shall be in Schools as well as in hospitals.

g) IEC materials have been developed where a total of 500 T- shirts were developed, 3 wall Banners and 3 Roll - Up banners for activity branding, 500 Brochures, 250 Posters and 500 Bumper Stickers. All these have been distributed in all the project sites.

h) 250 copies of the Self – Representation Manual for Human Rights Defenders were published and distributed to the HRDs in the project sites. A soft copy of the manual is also available in the microsite as well as the KNCHR website to allow for ease of access to the various citizens that use these modes of communication.

The following would further be carried out in year two;

a) Populating the microsite

b) Developing a documentary on the work of HRDs in the 3 regions.

c) Development of more IEC materials to be shared by the members of the public as well as the HRDs in these regions.

Delayed Activities

The following are the delayed activities that would be implemented in year two in addition to the two year activities;

a) Investigations and identification of possible PIL cases

b) Development of guidelines on use of Force and Firearms

c) Media advocacy on PIL cases

d) Observation, Probono support and Filling of HRDs cases

e) Popularising the vetting of the members of the NPS and monitoring the police vetting exercise.

f) Advocacy for the adoption of CAP 90 and 92.

2.3. If relevant, submit a revised logframe, highlighting the changes.

There are no contracts above the EUR 60,000 were added during this period of interim reporting.


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2.4. Please provide an updated action plan 7

Year Half-year 2 Half-year 2 Activity 1 2 3 4 5 6 7 8 9 10 11 12 Implementing body Visibility Actions

KNCHR

Exchange Forums for the HRDs from the 3 Counties

KNCHR

Training for HRDs

Training of Police Officers

Training for Media

Community Awareness Forums on HRDs

Public Forums on Police Vetting

Support for Establishment of HRD Networks

Public Forum on HRDs

Community Level Media Engagement on HRDs

Further investigations of Alleged violations

Stakeholders Engagements

Preparation of Advisory briefs

Probono Support to HRDs

Trial Observation of HRDs cases

7 This plan will cover the financial period between the interim report and the next report. 2013.1 Page 33 of 46 EU FINAL YEAR ONE INTERIM REPORT - 10 Dec 2015

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Strategy Meetings on Possible PIL cases

Filling of PIL case

Media Advocacy on PIL

High Level Lobbying Meetings for the ratification of the Optional Protocols

Lobbying Meetings with Parliamentarians on the Adoption of CAP 90

Expert fees for the development of the guidelines on use of Force and Firearms and the incorporation into the SSOS

Validation of the Guidelines

Training of the members of the County Policing Authorities

Dialogue Forums for HRDs and Security Agencies

Monitoring Police Vetting process

Media Features for HRDs ( Both Print and Electronic)

Development of IEC and BCC materials


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Development and issuance of advisories on Police Reforms and the HRDs

Stakeholder Meetings with IPOA, NCAJ,NPS and NPSC

Quarterly Review Meetings

Annual Review Meetings

Outcome Monitoring


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3. Beneficiaries/affiliated entities and other Cooperation

3.1. How do you assess the relationship between the Beneficiaries/affiliated entities of this

grant contract (i.e. those having signed the mandate for the Coordinator)? Please

provide specific information for each Beneficiary/affiliated entity.

The KNCHR has had a very cordial relationship with the various beneficiaries in the

project. The Human Rights Defenders and the Civil Society Organizations that have

interacted with the project to date have found it very useful and continue to apply

the knowledge that they receive through the trainings and forums as provided in

earlier texts.

The members of the public that have been reached to date have appreciated the

work that Human Rights Defenders and have begun engaging the Human Rights

Defenders on various issues affecting them for purposes of seeking assistance and

follow ups on these areas.

3.2. How would you assess the relationship between your organisation and State

authorities in the Action countries? How has this relationship affected the Action?

The three state authorities that are directly affected by this project include the County

Governments, the National Police Service and the Kenya Prisons Service who have all

given immense support for the implementation. The National Police Service have

shown direct interest by identifying and giving permission to the officers who attends

the trainings with the leadership at the County level, County Commanders,

participating in the opening of the trainings and encouraging the participants to pay

close attention to the contents of the training as this would greatly make their work

easy.

The County Governments in the project sites have been quite receptive to the

Commission as they see the project as an avenue of making their work easier of

setting up the County Policing Authorities. The Counties only got to know that the

guidelines on the establishment of the County Policing Authorities had already been

established though their interaction with the KNCHR and have thus committed to

work together as the County Policing Authority is the only avenue for the County

Government to engage on matters of policing at the County level.


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The KNCHR has had a long cordial relationship with the Kenya Prisons Service and

the same is currently being witnessed in the implementation of this project. The

Kenya Prisons Service has given the KNCHR unlimited access to all the places of

detention within the project sites to carry out the inspections which is a statutory

mandate of the KNCHR. Further, the KNCHR is currently working closely with the

Kenya Prisons Service in the review of Chapter 90 and 92 of the Laws of Kenya

which essentially feeds into this project on enhancing custodial practices.

3.3. Where applicable, describe your relationship with any other organisations involved

in implementing the Action:

The action is solely implemented by the KNCHR

3.4. Where applicable, outline any links and synergies you have developed with other

actions.

The KNCHR is working closely with CEFA with whom we are all funded under the

same lot of Human Rights and Rule of Law. The Commission carried out a joint

launch of the Project and would be actively engaged in the CEFA survey in Prisons as

the findings that would come from this survey would greatly shape the work of the

KNCHR in places of detention which is our statutory mandate.

3.5. If your organisation has received previous EU grants in view of strengthening the

same target group, in how far has this Action been able to build upon/complement

the previous one(s)? (List all previous relevant EU grants).

The previous EU grant that was received by the KNCHR was not on Human Rights

Defenders but on working on Torture as a systemic human rights violation and thus

different target group with this grant.

4. Visibility

The Commission has employed the following strategies in ensuring visibility of the EU

under this action;

a) A microsite; The Commission has developed a microsite for the action, hrd.knchr.org,

which provides updates on the project progress. The microsite further provides various

documents that relates to the work of human rights defenders as well as various

statutes for the same. The site too has a link to the website for the EU as well as the


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National Coalition of Human Rights Defenders. This site has a very visible component

of the EU logo and the support that they are providing.

b) Twitter Account; A twitter account has been created, @HRD_knchr, to engage the

members of the public who are on twitter. This twitter account has been publicize

through doing a push SMS to all those that have interacted with the project to be

followers and share various issues on Human Rights Defenders. The twitter account

that is managed by the KNCHR indicates that the project is supported by the

contribution from the EU.

c) Posters, Brochures, T- Shirts and Pamphlets; These have been developed and

distributed to the various stakeholders both in the project site and other areas to

enhance visibility. All these IEC materials have an EU logo and the indication that the

project is funded by the EU.

d) Radio Talk – Shows; while this has not been used in the 3 project sites, it is only in

Nairobi where the same has been applied and plans are underway to vigorously apply

the same and indicate the EU support for purposes of visibility.

The European Commission may wish to publicise the results of Actions. Do you have any

objection to this report being published on the EuropeAid website? If so, please state your

objections here.

The KNCHR does not have any objections to the report being published in the Europe Aid

website.

Name of the contact person for the Action: PATRICIA MANDE NYAUNDI Signature: ……………………………………… Location: NAIROBI. Date report due: ……………………..………… Date report sent: ……………………………….


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Annex 1 The Revised Logical Framework; Safeguarding Constitutional Gains, Human Rights Defenders and Security

LOGICAL FRAMEWORK FOR THE PROJECT

Intervention logic Objectively verifiable indicators of achievement Sources and means of verification Assumptions

Overall objectives

The action’s overall goal is to contribute to improved legal, social and communal environment for the protection and action of HRD’s in Kenya by 2016.

Please indicate a target value for each indicator in this column whenever possible. What are the key indicators related to the overall objectives? % (reduction in) extra judicial killings of HRDs or people who are killed in similar manner from defence of human rights of public interest nature.

Please list the sources of verification for each indicator. What are the sources of information for these indicators?

• Reports from relevant state agencies (e.g. IPOA, Judiciary etc) and relevant civil society organizations.

• KNCHR database

• Police inquest reports

There will be high rate of reporting of such violations by members of the public and HRDs. Relevant state agencies will receive and act on the reported allegations with accuracy and integrity.

% (reduction in) arbitrary arrests and detention of people identified as HRDs or people who are mishandled by law enforcement agencies for the same cause.

KNCHR Prison Monitoring Reports

There will be high rate of reporting of such violations by members of the public. Relevant state agencies will receive and act on the reported allegations with accuracy and integrity.


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Quality of (Qualitative change in) the overall national and legal environment at national and county levels for enhanced protection of HRDs.

Expert Panel Review Reports (To be constituted by KNCHR to include stakeholders such as Constitution Implementation Constitution, Katiba Watch, among others).

Specific objective

Specific Objective 1: To improve the observance of rule of law in the interactions between security agencies and human rights defenders

Which indicators clearly show that the objective of the action has been achieved? Please list the indicators as follows: SO. "Indicator 1" : target value SO. "Indicator 2" : target value SO1. Indicator 1. % increase in the number of HRDs equipped with the requisite legal and advocacy skills.

What are the sources of information that exist or can be collected? What are the methods required to get this information? KNCHR Activity Reports Reports from relevant state agencies such as the Judiciary, the Police,IPOA,NPSC,DPP HRDs activity Reports submitted to the KNCHR Outcome monitoring reports by KNCHR on HRDs, police and prison institutions. KNCHR complaints database KNCHR investigation reports.

Which factors and conditions outside the Beneficiary's responsibility are necessary to achieve that objective? (external conditions) Which risks should be taken into consideration? Willingness by the HRDs to utilize the knowledge gained Parliament will enact laws for better protection of HRDs including the HRDs The criminal justice actors will have formal recognition of the work of HRDs HRDs will have respect for the rule of law HRDs will have better knowledge and skills to carry out self-

SO1. Indicator 2. % (reduction in) complaints by HRDs against LEOs.

SO1. Indicator 3. % (increase in) LEOs who think positively about HRDs work.

SO1. Indicator 4. % reduction in arrest or detention of HRDs for non-compliance with the law.

SO1. Indicator 5. % reduction in victimization and animosity between Justice Mechanism and Human Rights Defenders.

SO1. Indicator 6. Proportion of HRDs who are able to represent themselves in court.


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SO1. Indicator 7. % increase in the number of reported violations on the rights of HRDs

representation in Court. Willingness of Prison Officers to utilize the knowledge gained. Formal recognition of the work of HRDs by the Prison Officers. HRDs will be able to report their cases; and that members of the public HRDs will cooperate in providing evidence for such reports.

SO1. Indicator 8. % reduction in rights violations in prisons and other places of detention.

SO1. Indicator 9. % increase in effective resolution of complaints on violation of the rights of HRDs.

SO1. Indicator 10. % reduction in extra judicial killings, lengthy pre – trial detention of HRDs and wrongful prosecution.

SO1. Indicator 11. Proportion of HRDs Formally recognized by law enforcement departments at County level.

SO1. Indicator 12. # of community sensitization programmes initiated by community media on the rights of HRDs.

SO1. Indicator 13. % increase in media reports/programmes accurately reporting and prioritizing HRDs issues.

Specific Objective 2: To enhance the collaboration between local communities and HRDs for better protection of rights

SO2. Indicator 1. % Improved working relationship between HRDs and the members of the community.

Reports from relevant state agencies such as the Judiciary, the Police, IPOA,NPSC

The Public will be willing to internalize the purpose and roles of HRDs


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SO2. Indicator 2. # of new programmatic/project based interventions initiated by communities for protection of HRDs.

HRDs activity Reports submitted to the KNCHR Outcome Monitoring Journals KNCHR Activity/Quarterly Review Reports SO2. Indicator 3. # of community

based monitoring, reporting or protection systems initiated by communities for protection of HRDs.

SO2. Indicator 4. % (increase in) persons/organizations enrolling/professing to be HRDs.

Specific Objective 3: To increase the adoption of human rights standards in security related policies and legislations at national and county levels

SO3. Indicator 1. % increase in compliance of legislative framework for the protection of HRDs by criminal justice actors.

Database of the National Council on Law Reporting. Reports from relevant state agencies such as the Judiciary, the Police, IPOA,NPSC HRDs activity Reports submitted to the KNCHR KNCHR review and Outcome Monitoring reports on legislation (Research Dept.)

A political good will to revise the proposed policies and laws including the HRDs Policy. A good will to implement the recommendations brought forth by KNCHR Receptive public to the recommendations of KNCHR

SO3. Indicator 2. Proportion of KNCHR recommendations adopted at National and/or County level for enhanced accountability in police service.

SO3. Indicator 3. Proportion of community members reporting an increase in transparency and accountability by the police to the public.

SO4. Indicator 4. # of new legislation/ policies adopted at national and/or County government levels for better protection of HRDs.


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SO5. Indicator 5. Quality of legislation adopted at national and county levels as assessed by expert stakeholders.

Expected results

Result 1: The capacity of HRD is increased and institutions are strengthened on HRD themes

What are the indicators to measure whether and to what extent the action achieves the expected results? Please list the indicators for each result, as follows: 1.1 "Indicator 1" : target value (R1) 1.2 "Indicator 2" : target value (R1) 1.3 …. 2.1 "Indicator 1" : target value (R2) 2.2 "Indicator 2" : target value (R2) … Indicator 1. # of HRDs demonstrating increased understanding of the rights of arrested persons as envisaged in Article 50 of the Constitution. (R1)

What are the sources of information for these indicators? Ex: Source 1 (Indicator 1.2, 2.3 etc) Or Indicator 1.1: source 1 Indicator 1.2: source 1 … KNCHR Back to Office Reports (BTORs) KNCHR Quarterly Review Reports Annual Training Reports by KNCHR. KNCHR Performance Indicator Tracking Table

What external conditions must be met to obtain the expected results on schedule?

Indicator 2. # of HRDs demonstrating improved understanding of the UN declaration and the Constitution. (R1)

Indicator 3. # of law enforcement officers (LEOs) demonstrating understanding of HRDs related to HRDs. (R1)

Indicator 4. # of Law enforcement officers trained on instruments relating to work of HRDs (disaggregated by gender and region). (R1)


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Indicator 5. # of community members

sensitized on rights of HRDS. (R1)

Indicator 6. # of community members demonstrating an understanding on the work of HRDs. (R1)

Indicator 7. Quality of sensitization materials, as assessed by selected stakeholders (e.g. experts). (R1)

Indicator 8. # of community forums carried out. (R1)

Result 2: The comprehensive legislation and policy framework on HRD has been effectively implemented

Indicator 1. # of policy advisories submitted to relevant state authorities on protection of human rights defenders. (R2)

KNCHR Policy and Legislation Review Tracking Tool.

Result 3. Custodial practices in prison facilities for better protection and promotion of the work of HRDS’s have been strengthened.

Indicator 1. # of Prison Officers demonstrating an increase in legal and advocacy skills to undertake their work effectively. (R3)

KNCHR Back to Office Reports (BTORs) Annual Training Reports by KNCHR KNCHR Quarterly Review Reports

Result 4: Investigations and Redress Indicator 1. # of investigation missions carried out in the 3 project sites. (R4)

KNCHR Back to Office Reports (BTORs) KNCHR Quarterly Review Reports

Activities Result 1: The capacity of HRD is increased and institutions are strengthened on HRD themes A.1.1:Training of Human Rights Defenders

Means: What are the means required to implement these activities, e. g. staff, equipment, training, studies, supplies, operational facilities, etc.

What are the sources of information on action progress? Costs What are the action costs? How are they classified? (Breakdown in the Budget for the Action)

What preconditions must be met before the action starts? What conditions outside the Beneficiary’s direct control have to be met for the implementation of the planned activities?


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A.1.2: Training of Law Enforcement Agencies

A.1.3: Training of community media

A.1.4.: Community sensitization

Result 2: The comprehensive legislation and policy framework on HRD has been effectively implemented A.2.1: Advocacy for an accountable police service

A.2.2: Advocacy for an enhanced policy and legal framework for the protection of HRD’s

Result 3. Custodial practices in prison facilities for better protection and promotion of the work of HRDS’s have been strengthened. A3.1 Capacity building of prison officers

A3.2 Monitoring places of detention

Result 4: Investigations and Redress done A4.1 Investigations


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A4.2 Redress


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