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KENYA NATIONAL COMMISSION ON HUMAN RIGHTS STRATEGIC PLAN 2009 - 2013

STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

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Page 1: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

KENYA NATIONAL COMMISSION ON

HUMAN RIGHTS

STRATEGIC PLAN 2009 - 2013

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TABLE OF CONTENTS

CHAPTER ONE........................................................................................................................... 11.0 THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS........................................................ 1 1.1 Background.................................................................................................................... 1 1.2 Mandate........................................................................................................................ 1 1.3Functions....................................................................................................................... 1

CHAPTER TWO.......................................................................................................................... 32.0 KENYA’S DEVELOPMENT CHALLENGES: GLOBAL, REGIONAL AND NATIONAL............................ 3 2.1TheGlobal,National,LocalTrendsandFrameworks.................................................... 3 2.1.1GlobalChallenges.......................................................................................... 3 2.1.2 Corporate Governance.................................................................................. 3 2.1.3RegionalChallenges...................................................................................... 4 2.2TheHumanRightsSituationinKenya............................................................................ 4 2.2.1ProgressMade............................................................................................... 4 2.2.2TheCoreProblemsBeingAddressed............................................................ 4

CHAPTER THREE........................................................................................................................ 73.0 KENYA’S DEVELOPMENT AGENDA: THE VISION 2030 AND THE MDGS...................................... 7 3.1 Background.................................................................................................................... 7 3.2TheEconomicPillar........................................................................................................ 7 3.3 The Social Pillar.............................................................................................................. 7 3.4ThePoliticalPillar........................................................................................................... 7 3.5Conclusion..................................................................................................................... 8

CHAPTER FOUR......................................................................................................................... 94.0THECOMMISSION’SROLEINTHEKENYADEVELOPMENTAGENDA........................................... 9 4.1LinkingtheMandateoftheCommissiontoVision2030............................................... 9 4.2RoleoftheCommissionintheMediumTermPlan2008-2013..................................... 9 4.3ProgrammesandProjects............................................................................................. 9 4.4CommissionsCoreProgrammes.................................................................................... 11

CHAPTER FIVE........................................................................................................................... 125.0 SITUATION ANALYSIS AND LESSONS LEARNT............................................................................. 12 5.1LessonsLearntfromReviewof2003-2008StrategicPlan..............................................12 5.2Challenges..................................................................................................................... 12 5.3LessonsLearnt............................................................................................................... 13

CHAPTER SIX............................................................................................................................. 146.0SWOTANALYSIS.......................................................................................................................... 14 6.1ExternalEnvironment.................................................................................................... 14 6.1.1TheOpportunities......................................................................................... 14 6.1.2TheThreats................................................................................................... 14 6.2InternalEnvironment.................................................................................................... 14 6.2.1Strengths....................................................................................................... 15 6.2.2Weaknesses................................................................................................... 15 6.2.3StakeholderAnalysis..................................................................................... 15

CHAPTER SEVEN......................................................................................................................... 167.0 STRATEGIC MODEL....................................................................................................................... 16 7.1StrategicIssuesandPriorities.........................................................................................16 7.2TheStrategicDirection................................................................................................... 16 VISION...................................................................................................................... 16 MISSION................................................................................................................... 16 CORE VALUES........................................................................................................... 16

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7.3GoalsandObjectives......................................................................................................17 7.4TheKeyResultAreas...................................................................................................... 18

CHAPTER EIGHT.......................................................................................................................... 318.0IMPLEMENTATIONOFTHEPLAN.................................................................................................31 8.1ProgrammingApproaches..............................................................................................31 8.1.1TheHumanRights-BasedApproachtoProgramming(HRBA)........................31 8.1.2GenderMainstreaming...................................................................................32 8.1.3StrategicPartnershipandAllianceBuilding....................................................32 8.2HumanResourceManagement......................................................................................33 8.3ChangeManagement..................................................................................................... 33 8.4OrganizationalStructure.................................................................................................34 Organogram.............................................................................................................35

CHAPTER NINE........................................................................................................................... 369.0RESOURCEFLOWS.......................................................................................................................36 9.1FinancialManagement...................................................................................................36 9.2Assumptions,RisksandMitigatingMeasures...............................................................36 9.2.1.KeyAssumptions............................................................................................37 9.2.2MainRisks.......................................................................................................37 9.2.3.RiskManagement..........................................................................................37 9.3.AccountabilityforMitigationMeasures........................................................................ 37

CHAPTER TEN............................................................................................................................. 3810.0MONITORING,EVALUATION(M&E)ANDREPORTING..............................................................38 10.1PurposeofM&E............................................................................................................38 10.2KeyAudiences...............................................................................................................38 10.3TheResultBase.............................................................................................................38 10.4Monitoring....................................................................................................................38 10.5Evaluation.....................................................................................................................38 10.6Reporting......................................................................................................................39 10.7RolesandResponsibilities.............................................................................................39

APPENDICES.......................................................................................................................................40ANNEX1:AnnualWorkPlanandBudget2009-2010........................................................................40ANNEX2:StakeholderAnalysis...........................................................................................................56

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ABBREVI ATIONS AND ACRONYMS

CBO Community Based OrganizationsCDF Constituency Development FundCIPEV Commission on Investigation of Post Election Violence or Waki CommissionCSOs Civil Society OrganizationsECOSOC Economic, Social and Cultural RightsFBOs Faith Based OrganizationsGJLOS Governance, Justice, Law and Order Sector Reform ProgrammeGoK Government of KenyaHRBA Human Rights Based Approach to DevelopmentHRE Human Rights EducationICT Information, Communication Technology IEC Information, Education and Communication IDPs Internally Displaced Persons INGO International Non-Governmental OrganizationsIREC Independent Electoral Review Commission (Kriegler Commission)KACC Kenya Anti-Corruption CommissionKNCHR Kenya National Commission on Human RightsKRA Kenya Result AreasLATF Local Authorities Transfer Fund LNGO Local Non-Governmental OrganizationsLSK Law Society of Kenya MER Monitoring, Evaluation and ReportingMDAs Ministries, Departments and AgenciesMDGs Millenium Development GoalsM&E Monitoring and EvaluationMIS Management Information SystemMoJNCCA Ministry of Justice, National Cohesion and Constitutional AffairsMoU Memorandum of UnderstandingMTP Medium Term PlanNALEAP National Legal Aid and Awareness ProgrammeNGOs Non-Governmental OrganisationsNHRIs National Human Rights InstitutionsOHCHR OfficeoftheHighCommissionerforHumanRightsOVIs ObjectivelyVerifiableIndicatorsPC Performance ContractingPCSC Public Complaints Steering CommitteePLWHA Persons Living With HIV/AIDSPM&E Participatory Monotoring and EvaluationPWD Persons With DisabilityRBM Result Based Management RBA Rights Based ApproachesSMART Specific,Measurable,Achieveable,ReliableandTimely

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ACKNOWLEDGEMENTS

The Kenya National Commission on Human Rights (KNCHR) wishes to acknowledge and most sincerely thank all those who were involved in the process of the development of this Strategic

Plan.

Secondly, we sincerely thank all those who in one way or another helped in conceptualization, development and drafting of this Strategic Plan. We especially wish to acknowledge MoJNCCA throughtheGovernance,Justice,LawandOrderSector(GJLOS)ReformProgrammeforthefinancialsupport in the development process and CIDA for providing funds for publication and launch of the Strategic Plan. We wish to appreciate the technical support from Consultancy Development Africa (CDA) in guiding the process in the initial stages and Mr. Situma Mwichabe whose guidance led to thefinalizationoftheprocess.

We finally appreciate the staff and commissioners whose commitment and teamworkmade theprocess a success.

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The Kenya National Commission on Human Rights (KNCHR) adopted a very consultative and participatory process in development of this Strategic

Plan with input from all stakeholders from within the Commission and outside partners. This approach has increased the ownership of the document by the commission. The completion of this Strategic Plan is an important milestone for the commission at large in moving toward realization of its mandate.

The development process commenced with constitution of an internal technical working committee to spearhead the process.

The steps taken in development of the Strategic Plan included the following; review of the first Strategic Plan for the period 2004-2009 and other relevant documents to tease out past experiences, challenges faced and lessons learnt; analysis of the strengths, weaknesses, opportunities and threats (SWOT) of the Commission to identify strengths and weaknesses and look for opportunities to enhance the growth of the Commission. It further included consultative meetings with various stakeholders to solicit their inputs and participation.

The Commission believe that the process is as important as the outcome.

The purpose of the strategic direction for this plan is manifold. First is to give strategic direction to the Commission for its operations over the next four years spelling out how resources; human, financial and material should be utilized in the most effective and efficient manner to realize the KNCHR Vision, Mission and Mandate. Second the Strategic Plan will provide a framework for resource mobilization from Government, Development Partners and the corporate sector in order for the Commission to achieve its strategic goals. Third is to provide an arsenal of mechanisms to be used to direct the operationalization process, assist the Commission organize its delivery process and track performance through regular monitoring, evaluation and reporting processes.

The Strategic Plan 2009-2013 will be operationalised through Annual Operational Plans guided by the four key result areas. A clear monitoring, evaluation and reporting mechanism with clear inputs, outputs, outcomes and impact indicators has been developed. Finally, a pre-implementation evaluation for bench-marking will be carried out followed by a mid-term evaluation and post-evaluation at the end of the strategic period.

In the process of developing the Strategic Plan 2009-2013, there has been changes and shift of emphasis on programming work. Different strategies of change management models will be adopted to implement this new programmatic direction with full participation of Commissioners and Staff. Staff training and development through formal training outside the Commission, coaching and mentoring processes will be an integral part of managing this change and also to implement this Strategic Plan over the next four years. Specific skills gaps which exist in areas such as monitoring and evaluation, report writing, fund-raising and Information Communication Technology(ICT) skills will be provided as an essential input to the realization of the Commission’s goal.

Over the four years of the Strategic Plan period, strategic partnerships building, formation of alliances and linkages with like-minded actors will be the main vehicle through which the plan will be delivered to enhance protection and promotion of human rights in Kenya. A stronger link will be built with the parent ministry, Ministry of Justice, National Cohesion and Constitutional Affairs(MoJNCCA) and other government ministries and departments to mainstream human rights in their programming work aimed at realizing Vision 2030. More concerted efforts will be put in building stronger and complementary linkages with strategic government agencies and parliament to enhance the overall effectiveness of the Commission and to attract more funding for realization of this plan.

Finally, I thank all Commissioners and staff members for the job well done. I am grateful to all stakeholders who supported the process to the end. However, the challenge ahead for all of us is to ensure the delivery of this plan so as to improve on the protection and promotion of human rights across the country.

Mohamed Konso Hallo,COMMISSION SECRETARY/ CHIEF EXECUTIVE OFFICER

PREFACE

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FOREWORD

This Strategic Plan is the second one since the establishment of The Kenya National Commission on Human Rights (KNCHR) in

2003. The first Strategic Plan 2004-2009 did an excellent job of laying a firm foundation for the Commission as the foremost public agency in the promotion and protection of human rights in Kenya. The first 9 Commissioners and subsequent Commissioners together with staff steered the Commission to greater heights making it one of the most vocal and outstanding defender of rights. It also distinguished itself in speaking out and carrying work on issues of governance that have a direct bearing on the rights of Kenyans. Indeed, one of the core values most understood and jealously guarded by all at the Commission is that of independence, which enables the Commission to act in the best interest of citizens as opposed to being beholden to external influences and agendas such as government, private companies, political parties, non-governmental organizations or activists. In its endeavor to speak out and deal with issues of national concern, the Commission has not always found sympathy with various parties, indeed there still exist confusion on the part of the public and even some government agencies on the identity of the Commission with some assuming that it is a Non Governmental Organization(NGO).

In the Strategic Plan period 2009-2013, the Commission intends to make clearer its mandate to the Kenyan public, and engage more constructively with key government agencies as well as parliament and Civil Society Organizations(CSOs) to ensure greater enjoyment and realization of rights for all people in Kenya.

As a body created by a statute in compliance with the United Nations developed Paris Principles on National Human Rights Institutions, KNCHR is expected to play both a watchdog and advisory role to the state with regard to the promotion and protection of human rights. The creation of a national institution by the state is a significant and concrete step toward the realization of rights by citizens. While embracing its role as a watchdog, the Commission from its inception has always understood and believed that progress towards making Kenya a human rights state is a collective effort and in this regard expects that the state as the primary duty bearer ought to provide leadership and facilitation through resources and a conducive environment.

The Commission also expects that the civil society will play a complementary role with the Commission in terms of interventions that promote and protect rights including monitoring government performance. On its part, the private sector must commit to promoting social justice and equity, while faith based organizations must continue to mobilize the conscience of citizens individually and corporately to nurture and practice those values and practices that support a culture of respect of and protection of the rights of all.

The media in Kenya has to a large extent played a commendable role in promoting human rights standards and principles through bold and forthright reporting, thereby expanding the democratic space and providing opportunity for citizens and journalists to air varied views and opinions on issues of governance. We expect that during the Strategic Plan period the Commission will deepen and expand strategic partnerships with all likeminded stakeholders to enhance the realization of rights particularly the most vulnerable citizens.

Of great significance is the context within which this Strategic Plan has been developed; no doubt Kenyans have debated and struggled for governance, constitutional and institutional changes for decades with some significant successes here and there such as the return to pluralism. Indeed, our

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first Strategic Plan was developed during a very euphoric phase of our evolution as a nation. With the replacement of the independence liberation party KANU as the ruling party and the new ruling party NARC heavily populated with erstwhile opposition members, human rights activists and reform advocates it was not a wonder that Kenyans were rated some of the most optimistic persons in the world. Clearly the dream and desire that Kenya becomes a human rights state seemed achievable even if on the long-term. However the events leading to the handling of the constitutional process which had been inherited from the KANU government and particularly the disastrous consequences of the referendum process in 2005 which required citizens to answer yes or no to a whole document whose various contents could not elicit a single endorsement or rejection resulted in a deeply divided and polarized nation.

Subsequently, the post-2007 election violence could easily be described as an overflow of the pent up frustrations of Kenyans finding an outlet. The massive violence that occurred bared Kenya’s underbelly. The happenings in Kenya were particularly painful to the Commission as it had previously monitored by-elections as well as the referendum and had consistently warned against the prevalence of violence as well as hate speech and other stereotyping of communities as part and parcel of our electoral processes. To this end, the Commission spearheaded the development of a bill on Hate Speech; it also facilitated visits for members of the 9th parliament to Rwanda to learn first hand what impact hate speech and negative ethnicity can have on a country. Additionally, the Commission in its political accountability work monitored the misuse of government resources by the incumbent to the detriment of the opposition.

To its credit and in line with its mandate, the Commission rose to the occasion and was part of the body of Kenyans who joined in calling for peace, justice and an end to the violence. At great and serious risk to its members, the Commission took the unprecedented decision to deploy all staff and Commissioners to document and investigate the massive violations as they were unfolding. Again to date, the Commission is the only permanent public body that has released a report on its findings on the PEV. Indeed the Commission shared a great deal of its information and resources with the Commission of Inquiry into the Post Election Violence (CIPEV) as well as making a presentation before the Kriegler Commission.

As we embark on this strategic period, I have no doubt that in spite of the various challenges that the KNCHR together with its partners the most critical being its gallant and committed staff face, it will continue to deliver on its mandate and more significantly that it will reach more Kenyans with its services.

Florence Simbiri-JaokoCHAIRPERSON, KNCHR

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EXECUTIVE SUMMARY

The Kenya National Commission on Human Rights (KNCHR) is an independent National Human Rights Institution(NHRI) established under the Kenya National Commission on Human Rights Act, 2002 with the

mandate of promotion and protection of human rights in Kenya. The Commission is established in accordance with the United Nations approved Paris Principles and was operationalised in July 2003 with the appointment of the first nine Commissioners.

This is the second Strategic Plan of the Commission since its inception. In developing this current Strategic Plan, the commission has taken into account lessons learnt in the previous Strategic Plan 2004-2009. To enhance effective and efficient implementation of the Strategic Plan, the Commission has developed an organizational structure that will enhance synergy, collaboration and management of information effectively within programmatic work and at policy level.

The Commission has in the past adopted a human rights-based approach to programming and seeks to strengthen the same in the new plan. Under this approach all the Commission’s progammes will be focused on realization of all rights that accrue to individuals by virtue of being human. The Commission’s programmes will include the Human Rights–Based Approach (HRBA) principles as the foundation for its interventions. These principles are: Universality and Indivisibility, Equality and Non-discrimination; Participation and Inclusion, Accountability and Respect for the Rule of Law and Sustainability. The Commission will also use Gender Mainstreaming strategy to infuse and or integrate gender within all its programmes and activities.

The National Commission has been successful in many respects over the last six years. Some of the results achieved include the following: The strategic conceptualization of human rights in their interdependences led to the focus of all

generations of Rights. The Commission led the way in making the recognition of all Rights as equal. The Commission has made progress in creating mutually reinforcing relationships with CSOs and has

strong linkages with many national organizations. In addition, the Commission’s relationships with the Ministries, Departments and Agencies (MDAs) of GJLOS have resulted in greater appreciation of the Commission’s work over time.

There is a sustained effort to serve the poor and the marginalized in all its interventions. For example the Malindi Public Inquiry on Human Rights Violations, reports on Behaving Badly and Living Large series that have focused on profiling the wastage of public resources.

The Government of Kenya(GoK) has been undertaking a series of reforms aimed at enhancing quality, efficiency and transparency in service delivery by public sector institutions. Among the key reforms is the Results Based Management (RBM) generally and Performance Contracting (PC) in particular, which have Strategic Planning as the main point of reference. As indicated in the “General Guidance and Direction for Negotiating the 2007/08 Performance Contracts,” the “Strategic Plan is the cornerstone for the design and development of a performance contract” in public sector institutions.

Kenya faces numerous challenges including global trends such as the current financial and economic crisis; the growing protectionism within the corporate governance spheres of developed countries; regional geopolitics from the failed state in Somalia to the internal wars in Ethiopia and Sudan that infringes on Kenyan security among others.

At the national level, the human rights situation has been in the balancing act. There has been progress in protection and respect of human rights in the recent past including; increase in awareness among the general public on human rights; establishment and implementation of various institutions such as the, KNCHR, the Public Complaints Standing Committee, the National Legal Aid and Awareness Programme(NALEAP), as well as the Kenya Anti-Corruption Commission (KACC) and significant progress in signing and ratification of international treaties and conventions as well as regular reporting on its treaty obligations. At the same time there are still human rights problems that have to be surmounted including poverty and inequality, historical injustices, impunity and negative ethnicity.

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There are opportunities through Kenya’s current development framework, Vision 2030 which aims at transforming Kenya into a newly industrialized middle-income country providing a high quality life to all its citizens by the year 2030. This will be achieved through three pillars namely: political, social and economic pillars. Underpinning these pillars are the key principles of equitable social development, people centeredness, accountable and democratic leadership which resonates well with the human rights approach to development. The contribution of the Commission to Vision 2030 and the Medium Term Plan (MTP) will be made by focusing its activities on monitoring compliance to human rights standards in the implementation of the MTP, including the extent to which economic, social and cultural rights are respected as part of our contribution to poverty reduction, as well as through capacity building for public officers, non-state actors and citizens on their responsibilities for human rights. The Commission will also focus on more specific initiatives especially in the social and political pillars that relate to enhancing equality; security sector reform; and adherence to the rule of law and access to justice; achievement of Millennium Development Goals (MDGs); constitutional, legal and institutional reforms among other key initiatives spelt out in the Agenda 4 of the National Accord.

Our key stakeholders include individuals, groups, communities, companies and government institutions whose actions in one way or the other affect our enjoyment of human rights in the country. They are also affected directly and indirectly by the actions of the National Commission due to mutual interaction, claimants and those that the Commission depends on for the full realization of its mission.

The current strategic direction focuses on the following thematic areas guided by the Vision, Mission and Goal of the Commission:

Our Vision A nationally and globally respected public institution providing leadership in human rights. Our Mission To enhance the protection and promotion of human rights in Kenya through strategic programming and partnerships.

Our Goal To increase respect for and greater enjoyment of fundamental human rights in Kenya.

Immediate Objectives are: Promote greater adherence to the rule of law, Advocate for increased compliance and adherence to human rights principles and standards Enhance protection of human rights through investigation, redress and referrals. Promote human rights through public education

Key Result Areas (KRAs) are: Reduced systemic human rights violations, Increased application of human rights principles and standards in implementation of Agenda 4 of the

National Accord Increased knowledge and practice on human rights principles and standards in public and private spheres,

and Organizational growth and development

These Key Result Areas will be realized through a four year action plan that will cost over Kshs. 1,751,596,056. In the first financial year (2009/2010), the Commission will need about Kshs. 366,784,000. In order to effectively monitor the implementation progress as well as evaluate the results and impacts; the Commission has put in place a Monitoring, Evaluation and Reporting(MER) Framework which clearly spells out the purpose for undertaking M&E; the key audiences of the information flow (both vertically and horizontally); the use of the result chain (outputs, outcomes, impacts) and their indicators as the tools for measuring results. A format for reporting progress and impact evaluations has been agreed upon. There is also a clear division of responsibilities with staff, senior management, Commissioners and stakeholders.

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CHAPTER ONE

ABOUT KENYA NATIONAL COMMISSION ON HUMAN RIGHTS

The Kenya National Commission on Human Rights (KNCHR) is an independent National Human Rights Institution(NHRI) established by an Act of Parliament. Its core mandate is to further the

protection and promotion of human rights in Kenya. Many countries in the world have similar bodies which are created as a strategy towards the better protection and promotion of human rights.

1.1 BackgroundKNCHR became operational in 2003. It succeeded the Standing Committee on Human Rights established in 1996 through presidential decree, and which lacked in independence.

The Commission consists of nine Commissioners and the Secretariat. The Commissioners are nominated by the National Assembly and appointed by the President. They are engaged on a full time basis. Commissioners enjoy statutory security of tenure. They elect the Chairperson and Vice Chairperson from amongst themselves. While the tenure for Commissioners is five years, the initial appointments were staggered over three, four, and five years to give the National Commission continuity.

The Secretariat is composed of the Secretary, who is appointed by the Commissioners and serves as the Chief Executive Officer, and members of staff.

The Commission is not subject to the authority or control of any person or authority in the performance of its functions. It values and strongly safeguards its independence. The Commission sets its own priorities, and determines how to use the resources allocated to it. It hires and manages its own staff. At the cabinet level, the Commission is placed under the Ministry of Justice and Constitutional Affairs. The formal relationship and interaction between the Commission and the Minister is mediated by the Act.

The Commission is required to submit its annual estimates of expenditure to the Minister for approval. Its annual and special report is presented to the President and the National Assembly through the Minister. The Commission may make regulations in the nature of subsidiary legislation with the approval of the Minister.

1.2 MandateThe Commission plays two key broad mandates. Firstly, it acts as a watch-dog over the Government in the area of human rights. Secondly, it plays a key leadership role in moving the country toward a human rights state.

1.3 FunctionsThe functions of the KNCHR are set out in Section 16 of the Act. These are: To investigate, on its own initiative or upon a complaint made, the violation of any human

rights; To visit prisons and other places of detention or related facilities to assess and inspect the

conditions under which inmates are held; To inform and educate the public about human rights for the purposes of enhancing respect for

human rights;

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To recommend to Parliament effective measures to promote human rights; To formulate, implement and oversee programmes intended to inculcate citizens’ awareness of

their civic responsibilities and appreciation of their rights and obligations; To act as the Chief Government agent in ensuring the Government’s compliance with its

obligations under international and regional treaties and conventions on human rights; To encourage the efforts of, and cooperate with other institutions working in the field of human

rights for the purposes of promoting and protecting human rights; and To perform such other functions as the Commission may consider necessary for the promotion

and protection of human rights.

The Commission has the powers of a Court under section 19(1) to: Issue summons or other orders requiring the attendance of any person before it, and the

production of any document or record relevant to any investigation by the Commission; Question any person in respect of any subject matter under investigation by the Commission;

and Require any person to disclose any information within such person’s knowledge relevant to any

investigation by the Commission.

The Commission has powers under Section 19 (2)of the Act to provide remedies where there is a human rights violation, including: The release of any unlawfully detained or restricted person; The payment of compensation; and Any other lawful remedy or redress.

When carrying out investigations, the Commission can: Summon and enforce the attendance of any person for examination Require the production of any document; and Subject to the Official Secrets Act, requisition any public records or copy from any public

servant.

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CHAPTER TWOKENYA’S DEVELOPMENT CHALLENGES: GLOBAL, REGIONAL

AND NATIONAL

2.1 The Global, National, Local Trends and Frameworks.

Kenya is faced with a number of challenges at the international, regional and national levels as acknowledged in the Vision 2030 which the Commission has taken account of in drafting this

strategic responses.

2.1.1 Global ChallengesThe current global financial and economic crisis will undoubtedly impact negatively on the realization of economic and social rights in the country as a result of decreased revenues from exports and the tourism sector, a decline in remittances from the diaspora as well as declines in foreign investment and aid. Analysts forecast that pledges to developing countries like Kenya to achieve the Millennium Development Goals(MDGs) are unlikely to be met1 .

Other external shocks such as the trend of increasing food prices (which are predicted to persist for a number of years2 ) though likely to benefit farmers, are likely to adversely affect the livelihoods of the urban poor who largely depend on markets for food supplies. In an already food deficit country, this will certainly complicate the situation of food security touching off consequences that will affect the human rights situation adversely.

The international focus on security and terrorism is likely to be sustained into the foreseeable future. The war on terror raises three major human rights concerns as governments justify repressive policies to counter, manage, pre-empt terrorist threats- torture, extra-ordinary renditions, arbitrary detentions and denial of a fair trial. Kenyans are painfully aware that the threat of terrorism is real having experienced two major terrorist attacks where hundreds of innocent citizens were either killed or seriously injured. The challenge for the Commission then becomes one of striking a balance between human rights protection and security, and being vigilant so that measures taken do not infringe on the right to due process and liberty of person.

2.1.2 Corporate Governance.An important facet of the global economic crisis relates to corporate conduct and market regulation. In the recent past, governments in Europe, Japan and the US have had to step in to stabilize markets as a way of insulating the global economic system from collapse and also to insulate citizens from the adverse effects of the economic forces and actors.

Globally, governments will likely become more protectionists, something experts have cautioned against, but also more likely to lower human rights standards for business. The latter is a key concern for the commission as foreign investors may put pressure on the Kenya government which is all keen to welcome new investors. The Commission will therefore enhance its monitoring capacity while also working with business and relevant government agencies to build their capacity for delivering on human rights.

1Institute of Development Studies. The Impact of the Global Financial Crisis-The Impact in Kenya. Nov 2008. 2Time Feb 27, 2008.The Worlds Growing Food-Price Crisis, by Vivienne Waly.

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2.1.3 Regional Challenges.The geopolitics of the Horn of Africa and the East and Central African regions generates unique political, economic, social and humanitarian dynamics that affect the situation of human rights in all these countries in various ways. The Somali statelessness, the war in Sudan, state building challenges in Southern Sudan, tensions between Ethiopia and Eritrea and more recent Somali- pirate attacks will remain key issues of concern in the foreseeable future in terms of their potential for impacting Kenya’s security, trade and refugee movements.

Encouraging though are the on-going regional integration efforts which offer enormous opportunities for the realization of economic and social rights for Kenyans. For example they provide opportunities to meet the challenge of food security through exploiting the diversity in the region. A united East African Federation also has the potential to considerably reduce the impact of the negative ethnicity that currently afflicts Kenya. Greater regional integration will however come with challenges and complexity in issues of land and labour.

2.2 The Human Rights Situation in Kenya.

2.2.1 Progress MadeSome of the progress that has been made in relation to human rights in the last six years include the following: Increase in awareness among the general public on human rights thus increase in the use of

rights language. Establishment and implementation of various institutions such as the KNCHR, the Public

Complaints Standing Committee, the National Legal Aid and Awareness Programme(NALEAP), as well as the Kenya Anti-Corruption Commission(KACC).

The development of the Vision 2030 includes aspects of economic, social and cultural rights thus there have been improved profiling of human rights issues.

Significant progress in signing and ratifying of international treaties and conventions as well as regular reporting on Kenya,s treaty obligations.

2.2.2 The Core Problems Being Addressed.

a) Poverty and InequalityPoverty and inequality continue to be some of the key human rights challenges that the country faces. Even though overall poverty in the country declined from 52.2% to about 46% between 1997 and 2005/06, disturbing regional disparities persist - poverty incidence (measured by the headcount index) varied from 10.7% in Kajiado North to 96.9 % in Turkana Central constituency3. The KNCHR will therefore have to engage these twin concerns creatively to address the root causes recognizing that they are crucial in achieving the MDGs.

The violence that followed the disputed December 2007 Presidential elections brought to the fore unresolved fundamental challenges that the country continues to face. The KNCHR report ‘On the Brink of the Precipice: A Human Right Account of Kenya’s Post Election Violence’, as well as those of the Independent Review Commission on Elections (IREC) and the Commission of Inquiry into Post Election Violence (CIPEV) provide pointers to the challenges which Kenya needs to boldly confront. The Commission will be at the center of all these issues.

3 Kenya National Bureau of Statistics- Constituency Report on Well-being in Kenya

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b) Historical InjusticesUnresolved historical injustices are a major grievance issue in Kenya. Many of the injustices are associated with land and have their roots in colonialism. The colonial government alienated most of the agriculturally productive land particularly in Rift Valley and Central Provinces for settler agriculture thereby generating a large number of squatters. Settlement schemes ostensibly established to deal with landlessness appear to have worsened the problem as land did not necessarily revert to those who had lost it.

The land question is at the center of the contradictions between citizenship rights and indigenous discourses in the multi-ethnic parts of the country. Whereas the Kenyan constitution recognizes the rights of every citizen to live and own property anywhere in the country, it coexists with the social political reality that membership to an ethnic community grants access to certain rights, particularly with regard to land ownership.

Where civic rights have opened the doors for acquisition of land, they have often come into collision with the rights granted by ethnic citizenship. Failure by successive governments to decisively resolve the land question means that the issue will remain on the human rights agenda into the foreseeable future.

c) ImpunityImpunity has taken root in many spheres of public life undermining the democratic pillar of respect for the rule of law. In many ways impunity has sent the dangerous message to Kenyans that there are no consequences for breaking the law.

The deployment of political violence during elections is not new. Following the restoration of multi-party politics in early 1990s, violence broke out in the Rift Valley targeting communities perceived to be opposition supporters. It left an estimated 1500 Kenyans dead and about 300,000 displaced by the time it abated in 19944. The violence recurred during and after the 1997 elections this time spreading to the Coast Province. Investigations by a Parliamentary Select Committee (The Kiliku Committee) and a Judicial Commission of Inquiry (Akiwumi Commission) as well as those by civil society groups identified senior politicians who perpetrated the violence- to date none has been prosecuted or punished.

Similar examples of impunity can be cited with regard to grand corruption- the country is yet to witness the key perpetrators of mega- scandals being brought to book. The same applies to political assassinations where families of victims have not had closure as the cases were not resolved.

Addressing impunity in all its manifestations will require political commitment and leadership and citizens’ determination. The Commission’s will continue holding accountable those responsible for undermining the respect for the rule of law while also working with relevant institutions to build their capacity to deliver on their human rights responsibilities.

d) Negative Ethnicity Kenya’s ethnic diversity should be celebrated. Instead, by giving rise to ethnic-based5 discrimination it has become one of the challenges the country must confront. Ethnic polarization has been worsened by political entrepreneurs who mobilize by playing on ethnic related grievances and insecurities.

4Africa Watch, Divide and Rule (1993) 5Ethnic group refers to the various tribes in Kenya while negative ethnicity refers to the practice of discrimination against another based on their tribe

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Based on past experience, many view the ascendancy of their own ethnic kin to the presidency as the best assurance of access to rights especially economic ones. Efforts to counter ethnic jingoism will be a key area of focus by the Commission.

e) Constitutional and Institutional Reforms The need for comprehensive reform of the Kenyan Constitution will no doubt remain in the radar of the human rights movement in Kenya. Following the near collapse of the state in early 2008 and the subsequent formation of a coalition government, consensus on a new constitutional dispensation seems likely. Some key issues needing urgent attention are the bill of rights, the winner take-all election system, constituency sizes and boundaries and the equitable allocation of resources and public sector jobs.

Kenya also faces a crisis of confidence in its key institutions of governance. The independence, professionalism and credibility of institutions such as the Electoral Commission, the Judiciary, the Police and the Office of the Attorney General has been seriously questioned following their perceived complicity in repression and other acts of denial of human rights. Corruption, thought to be rife in these institutions, has also put to doubt their efficient functioning. The impending reforms of these institutions will therefore remain central to the Commission’s work.

f) InsecurityInsecurity continues to be a major human rights concern. Increased militarization of society and organized crime with militias such as Mungiki, Taliban, Chinkororo and Sabaot Land Defence Forces (SDLF) among others have regrettably build capacity to unleash widespread violence against society. Cases of mob violence or mob justice have also been on the rise while state response to such criminality has severely undermined the right to life. Threats to human rights defenders have also increased. The human rights movement and the KNCHR in particular will have to face this challenge of advocating for the security of citizens while also demanding the effective management of criminality.

g) Citizenship EducationIn one of the most indicting findings by IREC following the post election violence, the chair, Justice Kreigler pointed out that while the Electoral Commission mismanaged the election process, Kenyans themselves were no better. In what IREC calls ‘wider responsibility’ they found that “…though the ECK is primarily responsible for the flaws in the 2007 general elections, Kenyan society has long condoned, if not actively connived at, perversion of the electoral process”. This clearly points at the lack of internalization of responsible citizenship on the part of Kenyans. For human rights to be respected and sustained, both duty bearers and claim holders must bear their responsibilities. The KNCHR will focus more strongly on human rights education with a view to building citizens’ knowledge and capacity for claiming and respecting rights.

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CHAPTER THREE

KENYA’S DEVELOPMENT AGENDA: THE VISION 2030 AND THE MDGs

3.1 Background

Over the years, Kenya’s development agenda has, albeit with mixed successes, aimed largely at reducing poverty and its debilitating consequences while also building a strong economy.

Currently the country’s new development blueprint dubbed Vision 2030 aims at transforming Kenya into a newly industrializing ‘middle-income country providing a high quality of life to all its citizens by the year 2030”. Importantly too, the Vision 2030 plan is also expected to pay attention to MDGs which pay particular attention to elimination of extreme poverty; universal primary education; gender equality, reduction in child mortality; improvement in maternal health; lower HIV/AIDS and major disease incidence; environmental sustainability; and better partnerships with international development partners.

The Vision 2030 is to be achieved through consistent Medium Term Plans (MTP) 5-year development plans starting with the 2008-2012 period. These plans are anchored on the economic, social and political pillars each of which identifies crucial flagship ‘projects’ which are expected to ‘set pace for vessels behind them.’

Underpinning these pillars are the key principles of equitable social development, people centeredness, accountable and democratic leadership which resonates well with the human rights approach to development.

3.2 The Economic Pillar.The economic pillar is expected to sustain the economic growth at 10% p.a. 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. Sectors to be given priority include; tourism, agriculture, trade, manufacturing industry and the financial sector 3.3 The Social Pillar.As a basis of transformation of our society, this pillar 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 hope for future generations. Key sectors of emphasis include; education, health, environment, housing, gender youth and vulnerable groups, equity and poverty elimination and science and technology innovation.

3.4 The Political Pillar. This 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 reflects the aspirations and expectations of its people; one that promotes national cohesion and promotes leadership that is accountable to the people of Kenya. To achieve this, strategic areas of focus will be on fostering the rule of law applicable to human rights -respectable state, institutionalization of issue based electoral and political processes, achieving democracy and public service delivery, transparency and accountability and pursuing the establishment of security for all persons, peace building and conflict management.

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3.5 Human Rights CommitmentMajor concerns and issues of human rights are included in the Vision 2030 in specific priority areas such as achievement of MDGs as well as in broad statements such as the avowal to making Kenya a ‘rights respecting state’. Importantly too, the strategic initiatives identified across all the economic, social and political pillars of Vision 2030 suggest, albeit indirectly in some instances, the commitment to the principles of human rights-based approach to development which include 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.

It is therefore clear that with its mandate of facilitating the protection and promotion of human rights in Kenya, KNCHR will have an important role to play in enhancing the realization of the Medium Term Plans as well as the eventual goals of Vision 2030 as will be demonstrated in the next chapter.

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CHAPTER FOUR

THE COMMISSION’S ROLE IN THE KENYA DEVELOPMENT AGENDA

4.1 Linking the Mandate of the Commission to Vision 2030

The Vision 2030 being the country’s new development blue print that aims at transforming Kenya into a newly industrializing, middle income country providing a high quality life to all citizens by

the year 2030 will be at the centre stage of the Commission’s programming. The Commission will do this by ensuring respects of human rights of all and paying attention to both outcome and processes.

4.2 Role of the Commission in the Medium Term Plan 2008-2012The Commission has the statutory mandate of acting as the chief advisor of government on matters relating to compliance to international and regional human rights conventions. The Commission is also responsible for the following: facilitating the protection and promotion of human rights through various initiatives such as human rights education to the public as well as other actors, investigating complaints of violations of human rights, issuing of human rights compliance advisories and recommendations to state and non-state actors, monitoring and issuing special and annual state of human rights report upon which government bodies should act, undertaking advocacy around various human rights themes, profiling economic, social and cultural rights among others.

Consequently, the contribution of the Commission to the Vision 2030 and the MTP will be made on the basis of its mandate. Actions will be focused on monitoring compliance to human rights standards in the implementation of the MTP, including the extent to which economic, social and cultural rights are respected as part of the Commission’s contribution to poverty reduction, as well as through capacity building for public officers, non-state actors and citizens on their responsibilities for human rights.

The Commission will also focus on more specific initiatives especially in the social and political pillars that relate to enhancing equality; security sector reform; and adherence to the rule of law and access to justice; achievement of MDGs; constitutional, legal and institutional reforms among other key initiatives spelt out in Agenda 4 of the National Accord.

4.3 Programmes and ProjectsThe Commission will organize its programmatic interventions around four strategic objectives namely: Promoting greater adherence to the rule of law; Advocating for increased compliance and adherence to human rights principles and standards ; Enhance protection of human rights through investigation, redress and referrals; and Promote human rights through public education.

Flagship Projects for 2009-2013.The projects within the Commission for this period will be derived from the Key Result Areas identified below: Reduced systemic human rights violations; Increased application of human rights principles and standards in legal and governance

reforms; Increased knowledge and practice on human rights principles and standards in public and private

spheres; and Organizational growth and development.

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Ongoing projects will be re-oriented in line with the Key Result Areas taking into consideration on-going initiatives relating to the implementation of Agenda 4 of the National Accord and the flagship projects under the political pillar which include constitutional initiative, judicial and legal reforms, the security and policing reform initiative, and building a culture of voluntary compliance with the norms spelt out in Vision 2030.

The following will be the key areas of focus for the Commission.

a) Constitutional and Legal Reform: The Commission will undertake activities aimed at contributing to the securing of human rights aspects in the constitution as well as reviewing and developing advisories on reforms in the security and justice sectors.

b) Human Rights Education: Capacity building for state obligations and non-state actors on their responsibility for human rights as well as general human rights education on human rights principles and standards will be undertaken to ensure that both duty bearers and claim holders recognize their particular responsibilities and act accordingly. This is a critical part of the Commission’s work given the various reform initiatives that will be going on during this Medium Term Plan (MTP) period–the truth justice and reconciliation process, constitutional reform, national census, Universal Peer Review, elections related reforms among others.

c) Adoption of Human Rights Standards by State and Non State Actors: The Commission recognizes that enhancing the protection, promotion and fulfillment of human rights is a multi-stakeholder responsibility. Consequently, key institutions will be identified for review and encouragement to embrace human rights standards and practices.

d) Redress for Human Rights Violations: The Commission has statutory powers to determine and provide redress on cases of human rights violations heard through its Complaints Hearing Panels. Cases with a potential to develop human rights jurisprudence and settle systemic violations will be investigated and effective redress recommended. Through related initiatives, institutions prone to human rights complicity such as the police, some corporate actors, will be encouraged and assisted to develop effective redress mechanisms to enable increased number of Kenyans to receive timely redress at the point of violation.

e) Partnerships: The Commission will seek to form partnerships with likeminded public and private organizations including CSOs as a strategy to deliver on its mandate. The Commission will work to integrate human rights principles, values and standards into the workings of all institutions established under agenda 4. It will further work through thematic partners established both at the national and regional levels.

f) Ensuring State Compliance with Human Rights Obligations: To ensure that Kenyans access more protections for their human rights, the Commission will continue to do reviews and advisories to government with the aim of ensuring that state obligations spelt out in new human rights instruments are understood and domesticated.

g) Increased Protection of Economic, Social and Cultural Rights: The Commission recognizes that poverty is the source of most debilitating challenges to the realization of these rights. Consequently initiatives will be undertaken to ensure that these rights are infused in various sectoral policies and laws while also monitoring the state provisioning of such rights and providing advisories. Public education of these rights will also be undertaken to increase their recognition as rights that citizens can and should demand from government.

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h)Addressing Inequality and Discrimination: An underlying commitment across all the flagship projects during this MTP is the need for ensuring that inequality-regional, group and, gender-is reduced. A key grievance during the period leading up to the post election violence was that the government had been discriminatory in the way public resources were shared, how representation of the various groups was reflected in the electoral system as well as in public appointments. Non-discrimination is a foundational principle of human rights. The Commission will therefore support the flagship goal of reducing inequality by identifying systems and practices both in the public and private spheres that contribute to exclusion and discrimination and profile the extreme forms of discrimination with a view to ensuring that official actions are taken.

i) Other National Commission Programmes: Besides the above initiatives that specifically support the various flagship projects, the Commission will undertake other work that relates to dealing with emerging issues of human rights that might call for urgent action and response. Such might arise from the operationalization of the MTP in the areas such as displacements arising out of the flagship projects under the economic pillar, for example the construction of resort cities, roads, and housing.

Other areas of focus relate to the strengthening of the capacity of the Commission to deliver its mandate effectively, that include enhancing its reach across the country, fundraising and attracting and sustaining a competent human resource base.

4.4 Commissions Core ProgrammesThe core programme areas over the next four years period cover the following: Complaints and Investigation Redress Reforms and Accountability Research and Compliance Public Education and Training Regional Outreach and Partnership Building Economic Social Cultural Rights(ECOSOC) Public Affairs and Communication Human Resource Administration Procurement Finance Efficiency Monitoring

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CHAPTER FIVE

SITUATION ANALYSIS AND LESSONS LEARNT

5.1 Lessons learnt from review of 2003-2008 Strategic Plan

In the six years of its operations the Commission achieved the following: Provided legal advice and other support concerning human rights violations. Investigated various human rights complaints with recommendations for redress. Notable

were the investigations of the 2007 post elections violence, inquiries into Malindi salt mines, investigations of the extra judicial killings among others.

Trained and built the capacity of public officers on human rights. Promoted accountability in the use of public resources and in the electoral process. Profiled corruption as a human rights issue. Provided support to the MoJNCCA in preparing the country report under various regional and

international human rights instruments that the country has ratified. Contributed towards the review and development of bills such as the Media Bill, the Prohibition

of Hate Speech and bills on constitutional and electoral reforms. Published various reports and position papers on topical human rights challenges, which have

been used to push for reforms in sectors and areas such as the constitutional review process, penal reform, the right to education, health, food as well as citizenship issues.

Provided leadership in infusion of human rights principles in business. Profiled the use of cultural institutions and structures in the protection and promotions of

rights. Commenced the process of development of National Action Plan on Human Rights.

As a result of the efforts above, the Commission has been successful in delivery of the following outcomes: Strategic conceptualization of human rights in their interdependences led to the focus of all

generations of rights. The Commission has led the way in making the recognition of all rights as equal.

Reinforced relationships with civil society and the media resulting in positive profiling. Enhanced relationships with the Ministries, Departments and Agencies (MDAs) of Governance

Justice Law and Order Sector Reform (GJLOS) that has resulted in greater appreciation of the Commission’s mandate.

Undertook sustained effort to serve the poor and the marginalized in all its interventions. For example the Malindi Public Inquiry on Human Rights Violations, reports on Behaving Badly and Living Large series that have focused on profiling the wastage of public resources.

Profiled corruption as a human right issue in Kenya.

5.2 Challenges The Commission however still faces the challenge of physical accessibility across the country. The Commission has three offices located in Nairobi, Wajir and Kitale; the desired expansion across the country is constrained by limited resources. The challenges encountered are below: The Commission has not fully exploited its quasi-judicial mandate with very few cases being

brought before the Complaints Hearing Panel. This is because the Commission did not from the onset internalize how powerful the panel could be and therefore there has not been sustained effort in preparing cases to bring before it.

The Commission has failed to make itself more accessible to the people of Kenya through additional regional offices. Although this can be attributed to insufficient resources, this continues to present a major challenge to the Commission.

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Implementation of only 40% of the GJLOS work plan was an indication that the Commission is overly ambitious in deciding what it should do or not do6.

Failure to recruit the appropriate staffing levels as projected in the last Strategic Plan leading to insufficient numbers to implement the planned work by the Commission.

Because a broad mandate is required by the Paris Principles, this resulted in over-ambitious work planning thus stretching the available capacity of the Commission and resulting in unsustainable interventions.

Some of the government departments have not appreciated the interventions by the Commission. For example, the sour relationship with the police has not improved over the years.

5.3 Lessons LearntAs part of the Strategic Plan development process, a review of the previous plan was undertaken and the following gaps and lessons are identified: The Commission had largely underestimated on its capacity to deliver on the plan. Over the

past plan period, human and financial resources required to deliver the planned outputs were inadequate with the implications being that these have to be factored in this new planning process.

Physical accessibility to the Commission to all Kenyans has been a challenge in the sense that the Commission has only three offices located in Nairobi, Wajir and Kitale. The new Strategic Plan has taken a deliberate effort to redress this through various outreach strategies and programmes that will see establishment of three new regional offices.

The various programmes of the Commission have been seen to work independently of one another so that there is lack of clarity on how they contribute to the realization of the Commission goals. This has necessitated a shift in the structure of the Commission as reflected in the new plan.

There was a clear weakness in the monitoring and evaluation framework of the Commission, including weak follow through of activities once implemented to assess impact. This will be redressed through the creation of monitoring and evaluation department to direct the Commission.

The work of the Commission in the past six years placed a higher emphasis on civil and political rights with minimal focus on economic, social and cultural rights as well as group rights. Given the high poverty and inequality environment that has been identified as a key national challenge, greater emphasis will be placed on work around realization of economic, social and cultural rights.

The vision of the previous Strategic Plan focused outside the institution. The vision of the new Strategic Plan focuses on KNCHR as an institution.

Core values were not internalized by both staff and Commissioners. Efforts will be made to inculcate core values.

The previous plan lacked SMART (Specific, Measurable, Achievable, and Timely) objectives. Each of the programmes will now have SMART objectives with measurable indicators.

The lessons learnt have influenced the objectives, strategies and/or activities of this Strategic Plan 2009-2013.

6Kenya: Governance, Justice, Law and Order Sector Programme; Kenya National Commission on Human Rights Case Study – Draft Report, Submitted to the fourth joint review meeting

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CHAPTER SIX

SWOT ANALYSIS6.1 External Environment.

The external analysis looked at the environment in which the Commission operates to determine how it will impact on its ability to achieve its vision and mission. During the preparation of

this Strategic Plan, the external impacts were examined ranging from the global, regional to local platforms. The following are the opportunities and threats identified.

6.1.1 The Opportunities. The Kenya National Dialogue and Reconciliation mediated by the Panel of Eminent African

Personalities presents the platform for the Commission to make thematic interventions on key human rights issues

Government initiatives that arose out of the Post election Violence, such as the constitutional reform, the Report of the Independent Review Commission on Elections (The Kriegler Commission) and the Commission of Inquiry into Post-Election Violence (The Waki Commission) as well as the Commission’s own report ‘On the Brink of the Precipice: A Human Rights Account of the Post-2007 Election Violence’ highlight challenges that will need to be addressed.

The Kenya Vision 2030 is pro-human rights thus the Commission is making a significant contribution to Kenya’s development agenda.

In the Coalition Government opposing parties can act as checks and balances against each other.

Advance in technology may open doors on how the Commission can deliver its advocacy, human rights education and social mobilization.

MoJNCCA’s strategic plan provides an opportunity for partnership with the Commission to implement our mandate and have structured engagement. For example Key Result Area No. 4, Fulfillment, respect, promotion and promotion and protection of human rights in Kenya, No. 6, increased access to justice, No. 7, Review of inappropriate and inadequate laws, No. 8, National cohesion and reconciliation.

6.1.2 The Threats Weak implementation of Government initiatives may lead to fresh eruption of violence. There is heightened feeling of ethnic exclusivity. There is lack of faith in institutions that may lead to breakdown of the state. Threats of collapse of the coalition government. Failure to implement the Kenya National Dialogue and Reconciliation on schedule could create

tensions that could result in violence, disunity among the coalition partners etc. Insufficient funding to the Commission could lead to failure to implement the Commission’s

mandate 6.2 Internal EnvironmentThe internal situation analysis evaluated the competencies within the Commission to determine whether it had the requisite capability to achieve its objectives, realize its Vision and Mission. In this regard the analysis focused on its management systems, technical capacity, the number and expertise of its staff, its finances as well as other pertinent factors.

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6.2.1 Strengths.The following strengths were identified: Wide mandate that allows for innovation. Strong statutory framework providing for the Commission’s independence. Independence, credibility and legitimacy. Well qualified multidisciplinary cadre of Commissioners, technical and support staff. Regional and international recognition that has led to the Commission hosting the Secretariat of

African National Human Rights Institutions. Support from the Government and development partners.

6.2.2 Weaknesses.The weaknesses that were identified are: Limited physical accessibility of the commission, which only has 3 offices nationally. Weak internal control systems (Finance, Procurement & Human Resources). Unclear definition of programmatic roles between Commissioners and the Secretariat. Weak programme planning, coordination, and monitoring and evaluation frameworks. Weak information management systems. Inadequate number of staff. Low staff retention. Mandate of the Commission not well understood Weak financial management.

6.2.3 Stakeholder Analysis. In line with the Strategic Plan, KNCHR’s key stakeholders include individuals, groups, communities, companies and government institutions whose actions in one way or the other affect the enjoyments of human rights in the country. It also includes those affected directly or indirectly by the actions of the KNCHR due to mutual interaction, claimants and those that the commission depends on for the full realization of its mission.

Primary stakeholders include direct clients of Commission’s services such State policy organs, development practitioners, minorities and individual complainants.

Secondary stakeholders comprise of groups who are interested in the promotion of human rights in Kenya such as the Judiciary and NGOs.

Tertiary stakeholders include those organizations that collectively provide us with an enabling environment for the Commission to work. They include the parent ministry (MoJNCCA), GJLOS Development Partners and others.

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CHAPTER SEVEN

STRATEGIC MODEL

7.1 Strategic Issues and Priorities

The Government of Kenya has been undertaking a series of reforms aimed at enhancing quality, efficiency and transparency in service delivery by public sector institutions. Among the key

reforms is the Results Based Management (RBM) generally and Performance Contracting (PC) in particular, which have Strategic Planning as the main point of reference. As indicated in the “General Guidance and Direction for Negotiating the 2007/08 Performance Contracts” the “Strategic Plan is the cornerstone for the design and development of a performance contract” in public sector institutions.

7.2 The Strategic Direction

VISIONA nationally and globally respected public institution providing leadership in Human Rights.

MISSIONTo enhance the protection and promotion of human rights in Kenya through strategic programming and partnerships

CORE VALUESThe Commission bases its core values on the internationally recognised principles of universality; inalienability; indivisibility; interdependent, and interrelatedness of human rights and the promotion of the rule of law.

The Commission will foster and uphold the following core values;

Independence : The Paris Principles provide for the independence of the Commission. For the last six years of its presence, the Commission demonstrated substantive independence without external or undue influence from various actors. This still remains of extreme importance to the Commission as it would make more effective its fairness and impartiality in advising and also as a watch dog on human rights issues (the role of strengthening duty-bearers to fulfill their obligations, and of empowering right-holders to claim their rights).

Integrity – This includes humility, transparency, accountability and professionalism. The Commission is fully accountable to all stakeholders, from its members of staff to the public, government, civil society and development partners. The Commission will be guided by transparency and professionalism which is enhanced by a competent and results-focused team with a strong work ethic; a team that is committed to human rights principles, including the principle of gender equality, and that is guided by internationally accepted human rights instruments.

Inclusiveness – In line with the principles of non-discrimination and equality of individuals, the Commission recognizes that the involvement of all stakeholders in the running of its policy and other key strategic decisions, and will strive to include all stakeholders.

Tolerance- This value is a key aspect of governance. Therefore, within the Commission and in relation to its programmes, a spirit of tolerance that encourages willingness to accommodate or allow for differences in beliefs, be they political, religious or ideological, behavioral, customary, will be encouraged.

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Accessibility- This value implies a people-centered Commission with an open door policy at its location and premises to ensure that its services are accessible to all. It also implies a Commission which stands for the greater public good, with services and facilities within reach by paying special attention to vulnerable groups in particular women, children and persons with disability. Being accessible, the Commission will maintain a solid and visible presence to ensure direct interaction with members of public through outreach programmes to empower the greater public with human rights information. Also the staff and commissioners are available to all categories of society and citizens through various channels of communications.

7.3 Goals and ObjectivesOverall GoalThe Commission’s ultimate goal is to increase respect for and greater enjoyment of fundamental human rights in Kenya. In order for the commission to monitor whether or not the goal is being met, the following set of indicators will be used: Percentage decrease in incidences of human rights violations. Number of institutions undertaking the Rights Based Approach(RBA) . The percentage of people in Kenya aware and demanding their rights. Number of legal and governance reforms informed by international/regional human rights

instruments.

Immediate ObjectivesThe commission will endeavor to realize the following objectives within the four year planning period: To promote greater adherence to the rule of law. To advocate for increased compliance and adherence to human rights principles and standards. To enhance protection of human rights through investigations, redress and referrals. To promote human rights through public education.

The KNCHR will focus on the following four Key Result Areas (KRAs) as a means of realizing the objectives (and hence overall goal and mission): Reduced systemic human rights violations. Increased application of human rights principles and standards in implementation of Agenda 4

of the National Accord. Increased knowledge and practice on human rights; and human rights principles and standards

in public and private spheres. Organizational growth and development.

The detailed results to be realized are summarized in the result chain table below.

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f pe

ople

re

porti

ng o

n im

prov

ed a

dher

ence

to

the

rule

of l

aw

and

acce

ss to

just

ice

Iden

tify,

and

pro

file

hum

an ri

ghts

rela

ted

impu

nity

To in

vest

igat

e an

d re

dres

s HR

vi

olat

ions

Incr

ease

d aw

aren

ess a

nd

know

ledg

e o

n im

puni

ty.

Incr

ease

d m

embe

rs o

f the

HR

vio

latio

ns

redr

esse

d

Incr

ease

d pe

rcen

tage

of

citi

zens

cla

imin

g th

eir r

ight

s by

5% b

y

June

201

3

No.

of c

ompl

aint

s re

ceiv

ed a

nd

redr

esse

d

To c

ontri

bute

to

war

ds re

duct

ion

of im

puni

ty

Gre

ater

resp

ect

and

enfo

rcem

ent

of h

uman

righ

ts

stan

dard

s by

Stat

e A

genc

ies

% le

vel o

f pos

itive

re

ports

from

righ

ts-

hold

ers o

n St

ate

agen

cies

act

ions

To re

view

and

ad

voca

te fo

r en

forc

emen

t of

law

s, po

licie

s and

pr

actic

es in

line

w

ith h

uman

righ

ts

stan

dard

s and

pr

inci

ples

.

Mon

itorin

g of

se

rvic

e de

liver

y by

St

ate

acto

rs th

roug

h se

rvic

e ch

arte

rs a

nd

othe

r rul

es a

nd

regu

latio

ns

Legi

slat

ion

and

polic

ies t

hat a

re

com

plia

nt w

ith

hum

an ri

ghts

st

anda

rds a

nd

prin

cipl

esfo

rmul

ated

.

Ref

orm

s un

derta

ken

base

d on

HR

pr

inci

ples

at

inst

itutio

ns

No.

of l

egis

latio

nan

d po

licie

s pas

sed

and

oper

atio

nalis

ed

that

are

com

plia

nt

with

hum

an ri

ghts

st

anda

rds p

rinci

ples

No.

of i

nstit

utio

ns

with

Ser

vice

C

harte

rs in

tegr

atin

g H

R p

rinci

ples

and

st

anda

rds

Fund

s

Skill

s

Equi

pmen

t /

mat

eria

ls

Proc

esse

s

Page 29: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Strategic Plan 2009-2013

19

39

OBJ

ECTI

VE

OU

TCO

ME

IND

ICA

TORS

ST

RATE

GIE

S O

UTP

UTS

IN

DIC

ATO

RS

INPU

TS

Dut

y be

arer

s ap

prec

iatin

g th

e im

porta

nce

of

serv

ice

char

ters

.

Prof

iled

HR

st

anda

rds a

nd

prin

cipl

esw

ithin

the

Serv

ice

Cha

rters

No.

of i

nstit

utio

ns

refo

rmed

Num

ber o

f cas

es

miti

gate

d ag

ains

t or

deal

t with

aga

inst

H

R p

erpe

trato

rs.

D

uty-

bear

ers

who

are

re

spon

sive

to

the

need

s of t

he

right

s- h

olde

rs

Num

ber o

f in

stitu

tions

app

lyin

g th

e H

R st

anda

rds

and

prin

cipl

es

Gre

ater

resp

ect

and

adhe

renc

e to

la

ws a

nd h

uman

rig

hts s

tand

ards

by

non

- sta

te

acto

rs

No.

of n

on- s

tate

ac

tors

ado

ptin

g H

R

prin

cipl

es.

% le

vel o

f pos

itive

re

ports

from

righ

ts

hold

ers o

n n

on st

ate

agen

cies

act

ions

Bui

ld a

nd e

nhan

ce

the

capa

city

of

targ

eted

non

-sta

te

acto

rs in

RB

A.

Incr

ease

d kn

owle

dge

of

non

-sta

te

acto

rs o

n H

R

prin

cipl

es a

nd

stan

dard

s

No.

of n

on-s

tate

ac

tors

trai

ned.

Page 30: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Kenya National Commission on Human Rights

20

40

OBJ

ECTI

VE

OU

TCO

ME

IND

ICA

TORS

ST

RATE

GIE

S O

UTP

UTS

IN

DIC

ATO

RS

INPU

TS

Gre

ater

resp

ect

for l

aws a

nd H

R

stan

dard

s by

all

peop

le in

Ken

ya

% o

f peo

ple

repo

rting

pos

itive

ly

on re

spec

t of l

aws

and

appl

icat

ion

of

HR

stan

dard

s.

Enha

nce

the

capa

city

of s

tate

and

no

n-st

ate

acto

rs to

ed

ucat

e m

embe

rs o

f th

e pu

blic

on

HR

pr

inci

ples

and

re

spec

t for

the

rule

of

law

.

Incr

ease

d ca

paci

ty o

f ta

rget

ed st

ate

and

non

–sta

te

acto

rs

Enha

nced

know

ledg

e on

ru

le o

f law

and

H

R st

anda

rds.

No.

of i

nstit

utio

ns

enga

ged

in p

ublic

ed

ucat

ion

on ru

le o

f la

w a

nd H

R

stan

dard

s

No.

of p

eopl

e tra

ined

on

the

rule

of l

aws

and

HR

prin

cipl

es

Page 31: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Strategic Plan 2009-2013

21

41

7.3.

2 K

EY

RE

SUL

T A

RE

A T

WO

: IN

CR

EA

SED

APP

LIC

ATI

ON

OF

HU

MA

N R

IGH

TS P

RIN

CIP

LES

AN

D

STA

ND

AR

DS

IN T

HE

IMPL

EM

EN

TATI

ON

OF

AG

EN

DA

4 O

F T

HE

NA

TIO

NA

L A

CC

OR

D

OB

JEC

TIV

E

OU

TC

OM

E

IND

ICA

TO

RS

STR

AT

EG

IES

OU

TPU

TS

IND

ICA

TO

RS

INPU

TS

Enga

ge, s

ensi

tize

and

mon

itor

com

plia

nce

of

HR

prin

cipl

es in

ag

enda

4.

Age

nda

4 ite

ms t

hat

have

ado

pted

H

Rpr

inci

ples

&

stan

dard

s.

HR

Kno

wle

dge

and

adhe

renc

e to

H

Rpr

inci

ples

&

stan

dard

sin

crea

sed.

No.

age

nda

4 is

sues

ado

ptin

g H

R p

rinci

ples

.

Leve

l of H

R

know

ledg

e.

To m

ains

tream

H

R p

rinci

ples

an

d st

anda

rds

in th

e im

plem

enta

tion

of a

gend

a 4

of

the

Nat

iona

l A

ccor

d.

Gre

ater

ap

plic

atio

n of

H

R st

anda

rds i

n th

eim

plem

enta

tion

of A

gend

a 4

(Con

stitu

tiona

l ,

inst

itutio

nal a

nd

lega

l ref

orm

; La

nd re

form

; Po

verty

, in

equi

ty a

nd

regi

onal

imba

lanc

es; u

n-em

ploy

men

t am

ong

the

yout

h;

cons

olid

atio

n of

na

tiona

lco

hesi

on a

nd

unity

; &

trans

pare

ncy,

ac

coun

tabi

lity

and

impu

nity

).

.

No.

of a

gend

a 4

issu

es

infu

sing

HR

stan

dard

s an

d pr

inci

ples

.

% le

vel o

f peo

ple

appr

ecia

ting

the

appl

icat

ion

of th

e ru

le

of la

w, r

espe

ct fo

r H

uman

Rig

hts a

nd

acce

ss to

soci

al ju

stic

e.

% o

f peo

ple

appr

ecia

ting

the

equi

tabl

e di

strib

utio

n of

reso

urce

s in

a tra

nspa

rent

man

ner.

% o

f peo

ple

appr

ecia

ting

the

prin

cipl

e of

nat

iona

l co

hesi

on a

nd p

eace

ful

co-e

xist

ence

.

% o

f ID

Ps re

settl

ed.

Mon

itorin

gpu

blic

expe

nditu

reto

war

ds p

over

ty

redu

ctio

n in

re

latio

n to

acc

ess

to re

sour

ces b

y ex

clud

edvu

lner

able

grou

ps.

Fair

allo

catio

n of

re

sour

ces i

n th

e bu

dget

ing

cycl

es to

id

entif

ied

vuln

erab

legr

oups

(HIV

, yo

uth,

ch

ildre

n,m

inor

ities

,w

omen

, ID

Ps).

Fund

s allo

cate

d an

d ut

ilize

d by

the

vuln

erab

le g

roup

s

Skill

s

Fund

s

Equi

pmen

t /

Mat

eria

ls

Proc

esse

s

Page 32: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Kenya National Commission on Human Rights

22

42

OB

JEC

TIV

E

OU

TC

OM

E

IND

ICA

TO

RS

STR

AT

EG

IES

OU

TPU

TS

IND

ICA

TO

RS

INPU

TS

Red

uctio

n of

H

R v

iola

tions

by

stat

e ag

enci

es

Bui

ldin

g of

st

rate

gic

partn

ersh

ips a

nd

incr

easi

ngca

paci

ty o

n H

R

at re

gion

al le

vels

to

incr

ease

en

gage

men

t in

agen

da 4

issu

es.

Partn

ersh

ips

form

ed.

Incr

ease

d kn

owle

dge

and

awar

enes

s on

HR

in a

gend

a 4. A

ctiv

epa

rtici

patio

nof

peo

ple

in

impl

emen

tati

on o

f age

nda

4.

No.

of

partn

ersh

ips

form

ed

Leve

l of H

R

know

ledg

e

% o

f peo

ple

parti

cipa

ting.

Ado

ptio

n of

an

ti -

disc

rimin

atio

n

law

s and

po

licie

s

Adv

ocat

e fo

r eq

uity

, equ

ality

, an

d no

n –

disc

rimin

atio

n in

pu

blic

and

pr

ivat

e sp

here

s.

Ado

ptio

n of

an

ti-di

scrim

inat

ion

law

s, po

licie

s and

pr

actic

es.

No.

of

antid

iscr

imin

atio

n la

ws,

polic

ies a

nd

prac

tices

ado

pted

.

Page 33: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Strategic Plan 2009-2013

23

43

7.3.

3 K

EY

RE

SUL

T A

RE

A T

HR

EE

: IN

CR

EA

SED

KN

OW

LED

GE

AN

D P

RA

CTI

CE

OF

HU

MA

N R

IGH

TS

PRIN

CIP

LES

AN

D S

TAN

DA

RD

S IN

PU

BLI

C A

ND

PR

IVA

TE S

PHE

RE

S

OB

JEC

TIV

E

OU

TC

OM

E

IND

ICA

TO

RS

STR

AT

EG

IES

OU

TPU

TS

IND

ICA

TO

RS

INPU

TS

Bui

ld c

apac

ity o

f ta

rget

ed n

on st

ate

acto

rs (t

arge

ted

CSO

s, FB

Os,

indi

vidu

als)

on

RB

A.

Enha

nced

know

ledg

e an

d sk

ills o

f non

st

ate

acto

rs

real

ized

No.

and

type

s of

cap

acity

un

derta

ken

To p

rom

ote

acco

unta

bilit

yam

ong

duty

bea

rers

an

d in

crea

se th

e ca

paci

ty o

f the

pu

blic

to

clai

m

thei

r rig

hts

Incr

ease

d ca

paci

ty o

f the

pu

blic

to

clai

m

thei

r hum

an

right

s

% in

crea

se in

kn

owle

dge

leve

l of

HR

prin

cipl

es

and

stan

dard

s

Dev

elop

men

t and

di

ssem

inat

ion

of

IEC

mat

eria

ls fo

r pu

blic

edu

catio

n

IEC

mat

eria

ls

deve

lope

d an

d di

ssem

inat

ed to

pu

blic

No.

& ty

pe o

f IE

C m

ater

ial

deve

lope

d an

d

diss

emin

ated

Fund

s

Skill

s

Equi

pmen

t /

Mat

eria

ls

Proc

esse

s

num

ber o

f cas

es

lodg

ed to

pub

lic

inst

itutio

ns w

ith

man

date

s to

redr

ess

HR

vi

olat

ions

(KN

CH

R,

OM

BU

DSM

AN

, PS

C e

tc)

Enha

nced

real

izat

ion

of

econ

omic

, soc

ial

and

cultu

ral r

ight

s (E

CO

SOC

)

ECO

SOC

righ

ts

infu

sed

in

polic

y an

d le

gisl

atio

n

Cap

acity

bu

ildin

g fo

r EC

OSO

Cun

derta

ken

Page 34: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Kenya National Commission on Human Rights

24

44

OB

JEC

TIV

E

OU

TC

OM

E

IND

ICA

TO

RS

STR

AT

EG

IES

OU

TPU

TS

IND

ICA

TO

RS

INPU

TS

Leve

l of

prog

ress

ive

reco

gniti

on o

f EC

OSO

C ri

ghts

in

law

s and

po

licie

s.

No.

of p

olic

ies

and

law

s in

fusi

ngEC

OSO

Crig

hts.

No.

of n

on –

st

ate

acto

rs

train

ed.

Leve

l of d

uty

bear

ers

resp

onsi

ve to

tra

nspa

renc

y an

d ac

coun

tabi

lity

Bui

ld c

apac

ity o

f ta

rget

ed st

ate

acto

rs o

n R

BA

Incr

ease

d kn

owle

dge

of

publ

ic o

ffic

ers

on R

BA

No.

of p

ublic

of

ficer

spa

rtici

patin

g in

R

BA

cap

acity

bu

ildin

g.

Ta

rget

ed c

apac

ity

build

ing

and

advo

cacy

in

serv

ice

deliv

ery

in

ECO

SOC

.

Cap

acity

bu

ildin

g on

EC

OSO

C ri

ghts

un

derta

ken.

Acc

ount

abili

tyan

dtra

nspa

renc

y in

se

rvic

e de

liver

y st

reng

then

ed

No.

of

inst

itutio

nspa

rtici

patin

g in

EC

OSO

C

No.

of p

ublic

in

stitu

tions

with

im

prov

ed

serv

ice

deliv

ery

Fund

sEn

hanc

edtra

nspa

renc

y an

dac

coun

tabi

lity

amon

gst d

uty

bear

ers

M

ains

tream

RB

A

in ta

rget

ed p

ublic

or

gani

zatio

ns

Hum

an R

ight

s pr

inci

ples

and

st

anda

rds

infu

sed

inpu

blic

Num

ber o

f pu

blic

inst

itutio

nsin

tegr

atin

gR

BA

in th

eir

Page 35: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Strategic Plan 2009-2013

25

45

OB

JEC

TIV

E

OU

TC

OM

E

IND

ICA

TO

RS

STR

AT

EG

IES

OU

TPU

TS

IND

ICA

TO

RS

INPU

TS

inst

itutio

nal

oper

atio

nal

plan

s

plan

s.

Net

wor

ks a

nd

partn

ersh

ips i

n R

BA

esta

blis

hed

No.

of n

etw

orks

an

d pa

rtner

ship

s en

gage

d.

Esta

blis

hing

and

st

reng

then

ing

linka

ges w

ith

natio

nal,

regi

onal

an

d in

tern

atio

nal

partn

ers a

nd

stak

ehol

ders

Link

ages

with

pa

rtner

s and

st

akeh

olde

rses

tabl

ishe

d an

d st

reng

then

ed

Join

t ini

tiativ

es

actio

n fo

r hi

gher

syne

rgy

No.

of

Partn

ersh

ips

esta

blis

hed

and

stre

ngth

ened

No.

of j

oint

in

itiat

ives

.

To p

rom

ote

com

plia

nce

with

hu

man

righ

ts

oblig

atio

ns b

y th

e st

ate.

Incr

ease

d ra

tific

atio

n an

d do

mes

ticat

ion

of in

tern

atio

nal

and

regi

onal

H

R tr

eatie

s and

st

anda

rds.

No.

of

dom

estic

ated

HR

tre

atie

s and

st

anda

rds.

Adv

isor

ies o

n ne

w

HR

inst

rum

ents

Adv

ocat

e fo

r do

mes

ticat

ion

of

ratif

ied

HR

tre

atie

s and

st

anda

rds

Enga

ge w

ith

regi

onal

and

in

tern

atio

nal H

R

bodi

es

New

law

s and

po

licie

s ena

cted

w

hich

are

co

mpl

iant

with

H

R p

rinci

ples

an

d st

anda

rds.

No.

of l

aws

inte

grat

ing

HR

pr

inci

ples

.

HR

Kno

wle

dge

and

prac

tices

ob

tain

ed

No.

of l

aws a

nd

polic

ies

form

ulat

ed a

nd

enac

ted

and

oper

atio

nalis

ed.

Leve

l of

know

ledg

eob

tain

ed.

Page 36: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Kenya National Commission on Human Rights

26

46

OB

JEC

TIV

E

OU

TC

OM

E

IND

ICA

TO

RS

STR

AT

EG

IES

OU

TPU

TS

IND

ICA

TO

RS

INPU

TS

To e

mpo

wer

vu

lner

able

gro

ups

to c

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r rig

hts

(ID

Ps, m

inor

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, ge

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, PLW

HA

, ch

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WD

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s

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and

type

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oups

targ

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an

d em

pow

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.

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y fo

r re

cogn

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of t

he

right

s of t

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vuln

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ld c

apac

ity o

n th

e un

ders

tand

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of th

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f the

vu

lner

able

.

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ress

on

the

right

s of t

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vuln

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nd

legi

slat

ion

for

the

prot

ectio

n of

vul

nera

ble

revi

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and

de

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rese

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treat

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ualit

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d no

n-di

scrim

inat

ion

achi

eved

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27

47

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Kenya National Commission on Human Rights

28

50

7.3.

4 K

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RE

SUL

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RE

A F

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IZA

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Incr

easi

ng th

e nu

mbe

r of s

taff

to

optim

al le

vel (

62

addi

tiona

l sta

ff).

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icie

nt st

aff

recr

uite

dN

umbe

r of s

taff

re

crui

ted

Num

ber a

nd

qual

ity o

f Sta

ff

attra

cted

,re

crui

ted

and

reta

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.

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ovin

g th

e w

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ngen

viro

nmen

t; an

d te

rms a

nd c

ondi

tions

fo

r Com

mis

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ers

and

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wor

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envi

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ent

for

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mis

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nd S

taff

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tabl

ishe

dFe

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om

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f

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and

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tatio

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to

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of r

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ra

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, HIV

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s

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Strategic Plan 2009-2013

29

OB

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of s

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s ( fo

r co

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foru

ms)

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Kenya National Commission on Human Rights

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OB

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fice.

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31

CHAPTER EIGHT

IMPLEMENTATION OF THE PLAN

8.1 Programming Approaches

The Commission will use the approaches below in delivering its mandate in this plan.

8.1.1 The Human Rights-Based Approach to Programming (HRBA)The Commission has in the past adopted a human rights-based approach to programming and seeks to strengthen the same in this new plan. Under this approach all the Commission’s progammes will be focused on realization of all rights that accrue to individuals by virtue of being human. A human right-based approach to development programming is one that systematically applies the values, principles and standards contained in international, regional and national human rights law to all aspects, both substantive and procedural, of development process. The Commission’s programmes will include the human rights-based approach (HRBA) principles as the foundation for its interventions. These principles are; Universality and Indivisibility, Equality and Non-discrimination; Participation and Inclusion, Accountability and Respect of the Rule of Law.

The Rights-Based Approach (RBA) will require the Commission to play a vital role in working with national partners to improve public policy development to realize all the rights. The Commission in using this approach will ensure respect of human rights in all the phases of programme processes. These processes include situation assessment and analysis, programme design, implementation and management and monitoring and evaluation.

The Commission will adopt the strategies below: Apply international and regional human rights values, principles and standards and goals at all

stages of programming. It will translate people’s needs into rights, and recognize the human person as the active subject and claim holder.

Use participatory approach in the choice of and development and implementation of intervention strategies.

Mainstream human rights principles in all programme interventions. Undertake the results-based programme monitoring and evaluation with clear indicators on

both the process and the outcome. Through training will undertake capacity development of both rights-holders and duty bearers. Through partnership building will adopt a strategy to build partnerships with stakeholders in

both planning and implementation of programmes.

The Commission hopes to achieve the benefits below through application of HRBA: Better analyzed and more focused strategic interventions with focus on good programming

practices. Rights holders will be recognized as beneficiaries and empowered to claim their rights. Duty bearers will be identified with clear accountabilities. Enhanced ownership by the stakeholders. Stronger networks and partnerships will be built. More democratic and sustainable programming with emphasis on transparency and

accountability in decision making and prticipation and results based-programming system will be strengthened.

Equal attention will be given to the process as well as the results. Limited resources available will be concentrated on the poor, marginalized or most

vulnerable.

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32

8.1.2 Gender MainstreamingThe Commission recognizes the desirability of finding effective ways of integrating gender-responsive actions into its activities. The Commission understands that gender inequalities can contribute to poverty and reduce human well-being. The Commission will, in its work aimed at fulfilling its mandate diagnose the gender related barriers that inhibit the realization of human rights in Kenya. The Commission will use the Gender Mainstreaming strategy to infuse and integrate gender within all its activities and programmes. Mainstreaming is a strategy or process of assessing the implications to women and men of any planned action, including legislation, policies or programmes in any area and at all levels. It is a strategy for making women’s as well as men’s concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and societal spheres so that they both benefit equally and inequality is not perpetuated.

The Commission will integrate gender in its activities by adhering to the following: Ensuring that gender mainstreaming is facilitated in all its interventions as a cross-cutting issue.

This will be done through engagement of focal person(s) with technical expertise to guide the process.

Paying keen attention to gender equality and ensuring that gender is integrated into the organizations’ situation analysis, planning, performance, personnel, policy, monitoring and assessment, thereby giving the content and direction of these practices at institutional level.

Using gender mainstreaming as a strategy to make the concerns and experiences of both men and women, an integral dimension of the design, implementation and monitoring of all its activities.

Ensuring that women and men benefit equitably from planned activities and that gender equality pervades all intervention.

Providing tools and training in gender awareness, gender analysis and gender planning to staff.

Including gender specific activities in its work plans Developing gender sensitive indicators to measure changes in relations between men and

women in the designed interventions aimed at achieving gender equality.

8.1.3 Strategic Partnership and Alliance BuildingThe Commission will improve on its accessibility to the public through establishment of regional offices and an outreach and networking strategy with other key actors and stakeholders at all levels in the country. Over the next four years, the National Commission plans to grow its regional office base from two to five offices by June 2013. The three regional offices will be established in three regions that will be based on a needs assessment to be undertaken at such time of establishment. On strategic partnership and alliance building, the Commission will endeavor to strengthen its linkages and alliances with civil society organizations including International Non-governmental Organizations(INGOs), Local Non-governmental Organizations (LNGOs), Faith-Based Organizations (FBOs), Community Based Organizations (CBOs) trade unions and private sector. To this end, we anticipate to work with a total of 25-30 strategic partners across the country.

Planned Achievements Establishment of three regional offices. Building strategic partnership and alliance with a total of 25-30 strategic partners in the whole

country on key thematic issues. Establish a network or forum to protect and promote human rights.

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Carry out joint initiatives on issues of key importance in areas such as constitutional review, institutional reforms and transitional justice to ensure that Kenya moves towards a human rights respecting society.

8.2 Human Resource Management.Effective human resource management is critical for the realization of any organization’s vision, mission and goals. The ability of the Commission to develop the necessary technical and human resources capacity to address its past weaknesses as well as its threats and to meet the growing demands for human rights in the face of rapid socio-political changes will be greatly dependent on a sound organization structure and requisite staffing. In this regard, the management of the Commission will over the plan period seek to achieve the following: Optimal utilization of the human resource throughout the organisation, as a basis for efficiently

and effectively attaining set objectives. Ensure Commission has tandem capacity for the growing scope and geographical coverage for

ruman rights issues in the region. To attract, develop and retain the optimal human resource base. Increase public awareness of the diverse Commission services through enhanced advocacy and

communication strategies. Building Information and Communication Technology (ICT) capacity.

To achieve these aims, the following measures will be implemented, among others: Developing a human resource strategy for the organization. A Performance Management system that promotes accountability through clear separation of

powers and responsibilities and which explains one’s job, communicates expectations, observes and documents behavior and provides frequent formal feedback.

Deliberate efforts will be made to enhance the team spirit and thereby promotion interdepartmental consultations.

There will be timely communication and dissemination of all Human Resource policies and any new issues to all staff.

While the above changes are expected to lead to higher staff morale in the Commission, a more fundamental goal of our human resources management policy will be to attract and retain persons with appropriate skills and competences that will ensure that we have the professional, technical and management capabilities necessary for us to achieve the Commission’s operational and development objectives.

8.3 Change Management.The Commission has embarked on acquisition of the critical skills in the areas of Rights Based Approaches, coordination and networking, legal and redress, research, communication, public relations, resource mobilization, organizational development, M&E, report writing, resource mobilization among others.

The Commission is also rationalizing and re-orienting the current projects and departments in light of emergent key result areas and themes. Every project continued must fit into these key result areas. A policy decision has been taken on the governance versus implementation synergy in implementation of programmes. The Monitoring and Evaluation data protocol will be under the control of Commissioners.

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34

Cur

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:-

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35

Org

anog

ram

CO

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S

CH

AIR

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SON

DE

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Y S

EC

RE

TAR

Y: P

RO

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AM

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S

Research and Compliance Department

Equality and Non discrimination Program

Policy and Legislation Program

Treaty Body Monitoring Program

Security Sector Reforms Program

Transitional Justice Program

Peace building and National Integration Program

Human Rights Education and Training Program

Regional Offices

Outreach Program

Complaints and InvestigationsProgram

Redress Program

Judicial and Penal Reforms Program

Cultural Institutions

Library

Economic and Social Rights Department

Reforms and accountabilityDepartment

Public Education and Training Department

Legal Services Department

Regional Outreach Department

Human Resource and Administration Department

Procurement Department

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Public Affairs and Communication Department

Efficiency Monitoring

SEC

RE

TAR

Y

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CHAPTER NINE

RESOURCE FLOWS 9.1 Financial Management

Over the last six years since its inception, the Commission has faced serious financial challenges. For effective delivery of service, the Commission will lobby the Government to significantly

increase budgetary allocation both in recurrent and development expenditure and also support programmatic work. To mitigate challenges faced by the Commission in basket funding, the Commission will diversify its fundraising strategy which includes lobbying for direct transfer of donor funds and financing of the Commission’s operating expenses for programmatic work.

Proposed financing model for the Strategic Plan is that Government meets on average 50 percent of the Commission’s overall expenditure. The other fifty per cent should be financed by the development partners. The preferred model of donor funding would be direct transfer to the Commission’s account given that the Commission has had serious challenges with the basket funding. The development partners will be called upon to assist in financing the organization’s operating expenses in order to achieve efficiency.

SOURCES OF FUNDS IN KSHS

The budget is expected to grow at the rate of 10%, 15% and 12% in 2010/2011, 2011/2012, 2012/2013 financial years respectively.

Direct/Indirect OverheadThe Direct/Indirect Overhead costs include hiring additional 50 staff members over the Strategic plan period as per the envisaged establishment at a total cost of KShs. 99 million, Compensation of employees at KShs. 490 million, building the identity of the commission at 47 million, rent at KShs. 91 million, regional outreach at KShs. 20 million, capacity building at KShs. 116 million and other administrative costs at KShs. 85 million.

9.2 Assumptions, Risks and Mitigating MeasuresSuccess in achieving the envisaged objectives of the plan will only be realized if the prevailing and anticipated conditions in the internal and external environment (i.e. assumptions) hold. The plans success will also be determined by potential unforeseen factors and events, which if they occur, will threaten the degree to which the planned activities can be undertaken (risks). Whereas these factors and events can happen, it is generally assumed that they will not occur at levels that can fatally undermine the plans implementation.

The following are the assumptions and risks for implementation of KNCHR activities over the plan period:-

Source of Funds 2009/2010 2010/2011 2011/2012 2012/2013GOK 210,470,400 242,040,960 278,347,104 320,099,170Donors 156,313,600 161,360,640 185,564,736 197,399,446Total 366,784,000 403,401,600 463,911,840 517,498,616

PROJECTED EXPENDITURE PATTERN OVER THE NEXT FOUR YEARSDevelopment/Programme 165,178,000 201,795,600 232,846,827 210,279,891Direct/indirect overhead 201,606,000 201,606,000 231,065,013 307,218,725Total 366,784,000 403,401,600 463,911,840 517,498,616

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9.2.1. Key AssumptionsIt is assumed that:

(a) Financial and human resources required for the implementation of this Strategic Plan will be availed (by both the government and development Partners).

(b) The government and other key stakeholders shall continue to seek and respond to recommendations and policy and other advice relating to the advancement of human rights from KNCHR.

(c) The necessary legislation in support of human rights, especially those seeking to entrench democratic processes in Kenya’s governance systems will be expeditiously passed.

(d) The existing technical capacity at KNCHR will be maintained and strengthened. (e) KNCHR as a human rights organization will continue adhering to the Paris Principles and that

the Government will continue to subscribe to and domesticate other international and regional conventions that support human rights.

9.2.2 Main RisksRisk is a measure of future uncertainties that are likely to face KNCHR in achieving its performance goals within the available resources and time frame. They include the following:

(a) Management failures such as inability to develop an organizational structure that responds to identified needs and internal resistance to change.

(b) Inadequate financial resources.(c) Lack of goodwill to push the reform agenda. (d) Threats to human rights defenders.

9.2.3. Risk Management The Commission will strive to continuously identify and respond to risks through planning and implementing appropriate risk mitigation measures.

Effective risk management depends on early identification and analyses of risks, early implementation of corrective actions and continuous monitoring and reassessment. For this reason the Commission will establish and strengthen an Internal Audit as well as a Monitoring and Evaluation Unit as fundamental functions in achieving its goals and objectives. These units will undertake following key activities on a continuous basis: Risk Identification. Risk Analysis. Risk Mitigation Planning. Risk Mitigation Plan Implementation. Risk Tracking.

9.3. Accountability for Mitigation MeasuresKNCHR will establish a Risk Management System for reducing to tolerable levels, the impact of risks in achieving its objectives in terms of quantity, quality, cost, and time. The key components of the proposed Risk Management System are:-

(a) A risk management policy to guide the operationalisation of the system in the organization. (b) A Risk Management Committee composed of all Heads of Department and chaired by the

Commission Secretary. The Committee's main responsibility will be to consider and adopt risk management measures.

(c) A Risk Management Coordinator (RMC) to harmonize and oversee the risk management activities in all Departments. These activities include risk identification; risk assessment; as well as the development and implementation of appropriate mitigation measures. Another critical activity for the RMC will be the development of early warning indicators for risks.

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CHAPTER TEN

MONITORING, EVALUATION AND REPORTING (MER)

10.1 Purpose of M&E The Monitoring, Evaluation and Reporting plan will help the Commission in: Tracking implementation progress internally. Gauging whether objectives are being achieved efficiently, effectively and their impact on the

vulnerable. Fostering public, partner (donor) and political co-operation with the National Commission. Promoting organizational learning and encouraging adaptive management approaches. Enabling Commission celebrate best practices and success.

10.2 Key AudiencesThe Commission’s audiences for purposes of information will include: Internal stakeholders (Secretariat staff and Commissioners). External stakeholders. Community (vulnerable and marginalized groups). Government (Ministries of Justice National Cohesion and Constitutional Affairs; Water and

Irrigation; Education; Agriculture, Planning and Health) Agencies and Departments. Development Partners. The Commission will determine from time to time what information each audience needs; and

why and when they need it. The information will be in form of progress, annual and evaluation reports.

10.3 The Result BaseThe basis for our result measurement will be the four levels of results (inputs, outputs, outcomes and impacts) for each of the four Key Result Areas that are detailed in section 4.3 and summarized in the Logical framework.These results chains will therefore form the source of our result based monitoring and evaluation system. The implementation matrix in Annex 1 will form the basis of what is planned against which progress will be measured.

10.4 MonitoringThe result chain indicators (i.e. input, output, outcome and impact) in the log frame will form primary monitoring tool. The Commission will monitor input and output indicators monthly and quarterly. At the end of the year, attempts will be made to monitor initial outcome indicators. This will enable the Commission to begin building the possible effects and impacts within the second and third year.

During monitoring, data collection methods will include questionnaires, interviews (which may be structured; semi- structured unstructured), observations, case studies, dairies and critical incidences. All the methods will apply depending on the circumstances for instance dairies for complaints.

10.5 EvaluationThe Commission will undertake three types of evaluations. Formative evaluation will take place at the beginning of the programme in the concept or design

stage. It helps define realistic goals, objectives and strategies. Process evaluation will take place once activities are stated and will focus on tracking efficiency

of a given programme. Mid-term evaluations are such examples. Effectiveness evaluations (impact and final evaluations) will take place toward the end of the

programme and will be focused on what results have been achieved; what short-term effects have

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39

been observed as a result of the programme effort; what the outcomes mean. Does programme make a contribution toward larger development impact?

The learning agenda will be centered on: Whether the strategy was relevant and appropriate to the identified needs. Whether the project design was logical and coherent. What difference did the operation make to the lives of the beneficiaries and how long will the

benefits last?

In a nutshell, the evaluations will focus on both results and process.

10.6 ReportingThe Commission will use two basic formats for reporting which are Quarterly and Annual reports.

The Commission shall use the following tools for reporting: Oral presentations. Written progress reports. Written performance or evaluation reports. Informal discussions. Press or media releases. Brochures. Occasional policy and positions papers. Quarterly report to the president. Status of Human Rights reports. Statutory reports.

10.7 Roles and Responsibilities1. Staff will be the responsible for the following:

(a) Formulation of work plans(b) Development of instruments for collection of information.(c) Data collection and field monitoring(d) Assessment of the progress (e) Preparation of progress reports(f) Maintenance of data bases (manual, digital or online).

2. Senior Management Team (Commission Secretary & Heads of Departments) will be responsible for:(a) Participation in evaluation, reflection and review meetings(b) Receive, consider and act on M&E reports by providing policy direction(c) Maintenance of main database port (computerized; preferably on line).(d) Organization of review meetings and external evaluations.(e) Organization of a common data base with same MIS but with different levels of access.(f) Presentation of progress report.

3. The Commissioners will: (a) Participate in key planning meetings and in major evaluations.(b) Receive, approve and give policy direction on the M&E reports.(c) Undertake field/site validation visits through an M&E sub-committee for objectiveness.

4. Stakeholders (customers) and partners will review, consider and give feedback and advice on the Commission’s reports; and also participate in the participatory, monitoring and evaluation (PM&E) process.

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Strategic Plan 2009-2013

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Kenya National Commission on Human Rights

44

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Pag

e 5

of 1

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Page 55: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Strategic Plan 2009-2013

45

OU

TC

OM

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TPU

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CT

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n 20

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Page 56: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Kenya National Commission on Human Rights

46

OU

TC

OM

E

TA

RG

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TPU

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Pag

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of 1

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Page 57: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Strategic Plan 2009-2013

47

OU

TC

OM

E

TA

RG

ET

OU

TPU

T

MA

IN A

CT

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Y

IND

ICA

TO

RS

SU

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cap

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Pag

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of 1

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Page 58: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Kenya National Commission on Human Rights

48

OU

TC

OM

E

TA

RG

ET

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TPU

T

MA

IN A

CT

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AN

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TE Pag

e 9

of 1

6K

NC

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09/1

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Page 59: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Strategic Plan 2009-2013

49

OU

TC

OM

E

TA

RG

ET

OU

TPU

T

MA

IN A

CT

IVIT

Y

IND

ICA

TO

RS

SU

B- A

CT

IVIT

Y

Key

Act

ivity

K

ey A

ctiv

ity

Q1

Q2

Q3

Q4

TO

TA

L C

OST

S

UB

-A

CT

IVIT

Y K

EY

R

ESO

UR

CE

INPU

TS

UN

IT C

OST

R

ESO

UR

CE

V

OL

UM

E

Gre

ater

resp

ct &

adh

eran

ce

to L

aws &

h/ri

ghts

st

anda

rds b

y no

n st

ate

agen

cies

.

Non

stat

e ac

tors

com

mitm

ent

& p

rogr

essi

ve p

ract

ise

to

Hum

an R

ight

s Prin

cipl

es &

St

anda

rds.

3 h

uman

righ

ts

train

ing

& c

apac

ity

build

ing

w/s

hops

, TO

T's i

n C

SO, C

BO

on

pro

mot

ing

resp

ect

for t

he ru

le o

f Law

&

Hum

an R

ight

s St

anda

rds

No.

of p

artn

ersh

ips

& n

etw

orks

es

tabl

ishe

d &

op

erat

iona

lised

.

Con

duct

12

w/s

hops

for

TOT'

s in

FBO

& C

SO

Hire

of w

/sho

p ve

nue,

trav

ellin

g al

low

ance

,re

sour

ce p

erso

ns,

airti

me,

hire

LC

D,

stat

ione

ries,

rapp

orte

ur,

bind

ing

&

diss

emin

atin

gre

port.

8

00,0

00

3

2,4

00,0

00

Incr

ease

d en

joym

ent o

f H

uman

Rig

hts b

y al

l peo

ple

in K

enya

.

Incr

ease

d nu

mbe

r of

mem

bers

of t

he p

ublic

cl

aim

ing

thei

r rig

hts.

8 p

ublic

aw

aren

ess

foru

ms t

o pr

omot

e re

spec

t for

the

rule

of

Law

& H

uman

R

ight

s Sta

ndar

ds

Incr

ease

d pe

rcen

tage

of

citiz

ens c

laim

ing

thei

r rig

hts b

y 1%

Hum

an R

ight

s Clin

ics &

Ed

ucat

ion

Mob

ilize

rs, h

ire

of v

enue

, car

hire

, ac

com

mod

atio

n,m

eals

8

00,0

00

8

6,4

00,0

00

Dev

elop

regi

onal

st

rate

gy o

n H

R

Inte

rnal

Sub

tota

l

16,

400,

000

RE

SEA

RC

H &

C

OM

PLIA

NC

E

Gre

ater

resp

ect a

nd

enfo

rcem

ent o

f Hum

an

Rig

hts S

tand

ards

by

Stat

e A

genc

ies.

Leg

isla

tions

& p

olic

ies t

hat

are

com

plia

nt w

ith H

uman

R

ight

s Sta

ndar

ds &

Pr

inci

ples

form

ulat

ed.

Rev

iew

of 3

key

le

gisl

atio

ns N

umbe

r of b

ills &

po

licie

s rev

iew

ed

Con

duct

w/s

hops

. R

esea

rch

assi

stan

ts,

cons

ulta

nt,

acco

mod

atio

n,ai

rtim

e, m

eetin

g ve

nues

, airt

icke

ts,

car h

ire

1,0

00,0

00

5

5,0

00,0

00

Pro

vide

supp

ort i

n re

view

of o

ther

bill

s, po

licie

s and

le

gisl

atio

n

Pro

vide

supp

ort i

n re

view

of

othe

r bill

s, po

licie

s and

le

gisl

atio

n

Inte

rnal

Sta

keho

lder

con

sulta

tions

on

prop

osed

bill

s and

pol

icie

s W

orks

hop

foru

m

2

50,0

00

3

7

50,0

00

Pub

licat

ion

of P

olic

y br

iefs

P

rintin

g

200

900

180

,000

Dis

sem

inat

ion

thro

ugh

med

ia

Sup

plem

ents

350

,000

2

700

,000

INC

RE

ASE

D A

PPL

ICA

TIO

N O

F H

R P

RIN

CIP

LE

S A

ND

ST

AN

DA

RD

S IN

TH

E IM

PLE

ME

NT

AT

ION

OF

AG

EN

DA

4 O

F T

HE

NA

TIO

NA

L A

CC

OR

D

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e 10

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Page 60: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Kenya National Commission on Human Rights

50

OU

TC

OM

E

TA

RG

ET

OU

TPU

T

MA

IN A

CT

IVIT

Y

IND

ICA

TO

RS

SU

B- A

CT

IVIT

Y

Key

Act

ivity

K

ey A

ctiv

ity

Q1

Q2

Q3

Q4

TO

TA

L C

OST

S

UB

-A

CT

IVIT

Y K

EY

R

ESO

UR

CE

INPU

TS

UN

IT C

OST

R

ESO

UR

CE

V

OL

UM

E

Pre

sent

atio

n of

re

com

men

datio

ns to

rele

vant

Pa

rliam

enta

ry c

omm

ittee

s

Mee

tings

(P

arlia

men

tbu

ildin

gs)

-

Mon

itorin

g an

d do

cum

entin

g ex

tent

of i

mpl

emen

tatio

n of

pr

opos

als m

ade

Inte

rnal

-

Impr

ove

acce

ss to

fu

ndam

enta

l Hum

an R

ight

s fo

r the

OV

C

*R

evie

w th

e C

hild

ren'

s Act

to

addr

ess H

uman

R

ight

s iss

ues

affe

ctin

g th

e O

VC

Num

ber o

f bill

s &

polic

ies r

evie

wed

&

oper

atio

nalis

ed

Con

veni

ng st

ake

hold

ers t

o re

view

Chi

ldre

n's A

ct

W/s

hop

venu

e,

airti

me,

7

00,0

00

1

7

00,0

00

Rev

iew

s, do

cum

enta

tion,

bu

ildin

g su

ppor

t with

pa

rliam

ente

rians

etc

Inte

rnal

Ado

ptio

n of

ant

i di

scrim

inat

ion

law

s and

po

licie

s

ado

ptio

n of

ant

i di

scrim

inat

ion

law

s and

po

licie

s

adv

ocat

e fo

r equ

ity

equa

lity

and

non

disc

rimin

atio

n in

pu

blic

and

priv

ate

sphe

res

num

ber o

f ant

i di

scrim

iona

tion

law

s an

d pr

actic

e

revi

ew a

nd p

ublis

h an

ti di

scrim

inat

ion

law

s c

onsu

ltant

s

1

,000

,000

3

3

,000

,000

Fin

aliz

e an

tidis

crim

inat

ion

stra

tegy

repo

rt an

d pu

blis

h th

e re

port

Fin

aliz

e re

port

Res

earc

h as

sist

ants

4

00,0

00

1

4

00,0

00

Pee

r rev

iew

/val

idat

ion

2

00,0

00

1

2

00,0

00

Pub

lish

repo

rt

800

,000

1

800

,000

La

unch

ing

and

diss

emin

atio

n re

port

4

00,0

00

1

4

00,0

00

Fin

aliz

e de

velo

pmen

t of N

AP

polic

y

Par

ticip

ate

in N

AP

valid

atio

n w

/sho

p

800

,000

1

800

,000

Bre

akfa

st fo

rum

with

re

leva

nt p

arlia

men

tary

co

mm

ittee

s to

final

ize

NA

P po

licy

5

00,0

00

1

5

00,0

00

Pre

sent

atio

n of

pol

icy

to

Gov

ernm

ent m

inis

tries

500

,000

1

500

,000

Ann

ual H

uman

R

ight

s Jou

rnal

N

guzo

za

Hak

i

Val

idat

ion

w/s

hop

8

00,0

00

1

8

00,0

00

Pee

r rev

iew

of d

raft

repo

rt

200

,000

1

200

,000

P

ublic

atio

n of

repo

rt

1

,000

2

,000

2

,000

,000

p

eres

enta

tion

of re

port

to

vario

us st

akeh

olde

rs

2

50,0

00

5

1,2

50,0

00

con

sulta

nts

2

00,0

00

1

2

00,0

00

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e 11

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Page 61: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Strategic Plan 2009-2013

51

OU

TC

OM

E

TA

RG

ET

OU

TPU

T

MA

IN A

CT

IVIT

Y

IND

ICA

TO

RS

SU

B- A

CT

IVIT

Y

Key

Act

ivity

K

ey A

ctiv

ity

Q1

Q2

Q3

Q4

TO

TA

L C

OST

S

UB

-A

CT

IVIT

Y K

EY

R

ESO

UR

CE

INPU

TS

UN

IT C

OST

R

ESO

UR

CE

V

OL

UM

E

Fin

aliz

e st

udy

on

stat

eles

snes

s L

aunc

h an

d di

ssem

inat

e re

port

2 w

/sho

ps

7

00,0

00

2

1,4

00,0

00

Thi

rd st

ate

of H

uman

R

ight

s rep

ort

Pre

para

tion

of th

e 3r

d st

ate

of H

uman

Rig

hts r

epor

t T

hird

stat

e of

hu

man

righ

ts re

port

prep

ared

and

pr

esen

ted

to th

e M

inis

ter o

f Jus

tice

Des

k an

d fie

ld re

sear

ch a

nd

repo

rt co

mpi

latio

n

200

,000

5

1

,000

,000

Rep

ort v

alid

atio

n w

orks

hop

2

00,0

00

1

2

00,0

00

Pub

licat

ion

of re

port

pub

licat

ion

6

00

2,0

00

1,2

00,0

00

Pub

lic L

aunc

h an

d di

ssem

inat

ion

of re

port

foru

m

2

00,0

00

1

2

00,0

00

Stre

ngth

en e

ngag

emen

t w

ith w

ith re

gion

al a

nd

inte

rnat

iona

l hum

an ri

ghts

m

echa

nism

s

Wor

ksho

p to

lobb

y ra

tific

atio

n of

the

optio

nal p

roto

col

wor

ksho

p he

ld a

nd

w/s

hop

repo

rt pr

oduc

ed

Con

duct

w/s

hop

with

key

st

akeh

olde

rs fo

r pro

filin

g an

d lo

bbyi

ng ra

tific

atio

n of

the

othe

r opt

iona

l pro

toco

l

wor

ksho

p

800

,000

1

800

,000

Cap

acity

bui

ldin

g w

/sho

p to

war

ds

prep

arat

ion

of a

sh

adow

repo

rt on

C

RPD

wor

ksho

p he

ld a

nd

w/s

hop

repo

rt pr

oduc

ed

Con

duct

one

wor

ksho

p w

ith

key

stak

ehol

ders

on

shad

ow

repo

rting

on

CR

PD

wor

ksho

p

800

,000

1

800

,000

Inte

ract

ion

with

inte

rnat

iona

l hu

man

righ

ts b

odie

s thr

ough

pa

rtici

patio

n in

the

mee

ting

ofth

e U

N H

uman

Rig

hts

Cou

ncil

on re

view

of t

he U

PRre

port

trav

el a

nd

acco

mod

atio

n

500

,000

2

1

,000

,000

Mon

itorin

g ex

tent

of

reco

mm

enda

tions

on

the

UPR

In

tern

al

Res

ourc

e C

entre

m

ater

ial a

nd

subs

crip

tion

1,0

00,0

00

1,0

00,0

00

Sub

tota

l

25,

980,

000

PU

BL

IC E

DU

CA

TIO

N

& T

RA

ININ

G

Kno

wle

ageb

le c

itize

nry

clai

min

g th

eir h

uman

righ

ts E

nhan

ced

know

ledg

e an

d sk

ills o

f non

stat

e ac

tors

re

alis

ed

Tar

get r

ight

s bas

ed

train

ing

of tr

aine

rs

and

capa

city

bu

ildin

g

Num

ber a

nd ty

pe o

f tra

inin

gs u

nder

take

nC

ondu

cted

RB

A tr

aini

ngs f

or

non-

stat

e ac

tors

C

onsu

ltant

/Fac

ilit

ator

1

00,0

00

2

2

00,0

00

INC

RE

ASE

D K

NO

WL

ED

GE

ON

HR

PR

INC

IPL

ES

AN

D S

TA

ND

AR

DS

IN P

UB

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AN

D P

RIV

AT

E S

PHE

RE

S

Pag

e 12

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Page 62: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Kenya National Commission on Human Rights

52

OU

TC

OM

E

TA

RG

ET

OU

TPU

T

MA

IN A

CT

IVIT

Y

IND

ICA

TO

RS

SU

B- A

CT

IVIT

Y

Key

Act

ivity

K

ey A

ctiv

ity

Q1

Q2

Q3

Q4

TO

TA

L C

OST

S

UB

-A

CT

IVIT

Y K

EY

R

ESO

UR

CE

INPU

TS

UN

IT C

OST

R

ESO

UR

CE

V

OL

UM

E

Wor

ksho

ps o

n R

BA

's T

rans

port

( Fl

ight

s)

136

,000

2

272

,000

Tra

nspo

rt (V

ehic

le)

-

Tax

i

18

,000

2

36

,000

T

rans

port

Rei

mbu

rsem

ent

-

Con

fere

nce

Pack

age

1,0

00,0

00

2

2,0

00,0

00

Sta

tione

ry

30,0

00

2

60,0

00

Hire

of

Equi

pmen

t

15

,000

2

30

,000

Rev

iew

, rep

rintin

g an

d de

velo

pmen

t of

addi

tiona

l tra

inin

g m

ater

ial (

IEC

)

Num

ber o

f mat

eria

l re

view

ed, r

eprin

ted

and

deve

lope

d

Con

sulta

nt

(Man

ual)

1

50,0

00

2

3

00,0

00

Dev

elop

men

t of I

EC m

ater

ial

Pub

licat

ion

(300

pi

eces

)

600

,000

2

1

,200

,000

IEC

mat

eria

ls

5

00,0

00

2

1,0

00,0

00

Kno

wle

ageb

le c

itize

nry

clai

min

g th

eir h

uman

righ

ts

Aw

aren

ess r

aisi

ng

Num

ber o

f pub

lic

foru

ms u

nder

take

n P

ublic

foru

ms

Hire

of v

enue

100

,000

1

100

,000

Pub

lic fo

rum

s M

obili

zatio

n fe

e

60

,000

1

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,000

Med

ia sp

ots

6

00,0

00

1

6

00,0

00

Veh

icle

s & F

uel

1

00,0

00

1

1

00,0

00

Acc

omod

atio

n an

d m

eals

1

,000

,000

1

1

,000

,000

Num

ber o

f IEC

m

ater

ials

dev

elop

ed

Dev

elop

men

t of I

EC

mat

eria

ls P

oste

rs (5

,000

pi

eces

)

125

,000

1

125

,000

IEC

mat

eria

ls

5

00,0

00

1

5

00,0

00

Enh

ance

d tra

nspa

renc

y an

d ac

cout

abili

ty a

mon

gst

bear

ers

Foc

used

en

gage

men

t with

st

akeh

olde

rs

Num

ber o

f co

nsul

tativ

e fo

rum

s un

derta

ken

Con

sulta

tive

foru

ms

Hire

of v

enue

20

,000

2

40

,000

Tra

nspo

rt (V

ehic

le)

1

50,0

00

2

3

00,0

00

Acc

omod

atio

n an

d m

eals

300

,000

2

600

,000

Tra

nspo

rt R

eim

burs

emen

t

80

,000

2

160

,000

Inte

rnal

mee

tings

-

2

-

Enh

ance

d tra

nspa

renc

y an

d ac

cout

abili

ty a

mon

gst

bear

ers

Con

duct

adv

ocac

y an

d lo

byin

g ac

tiviti

es

Tar

gette

d ad

voca

cy

and

lobb

ying

S

urve

y C

onsu

ltanc

y fo

r su

rvey

2,0

00,0

00

1

2,0

00,0

00

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e 13

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Page 63: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Strategic Plan 2009-2013

53

OU

TC

OM

E

TA

RG

ET

OU

TPU

T

MA

IN A

CT

IVIT

Y

IND

ICA

TO

RS

SU

B- A

CT

IVIT

Y

Key

Act

ivity

K

ey A

ctiv

ity

Q1

Q2

Q3

Q4

TO

TA

L C

OST

S

UB

-A

CT

IVIT

Y K

EY

R

ESO

UR

CE

INPU

TS

UN

IT C

OST

R

ESO

UR

CE

V

OL

UM

E

Pub

licat

ion

of

surv

ey re

sults

(1

,000

cop

ies)

5

00,0

00

1

5

00,0

00

Gre

ater

Res

pect

&

Adh

eran

ce to

Law

s &

Hum

an R

ight

s Sta

ndar

ds b

y St

ate

Act

ors

Mor

e aw

aren

ess &

un

ders

tand

ing

of im

puni

ty.

Incr

ease

d m

embe

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le o

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anda

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rtici

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curit

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ctor

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vil s

ocie

ty &

line

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es

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of w

/sho

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ellin

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ce p

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me,

hire

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D,

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ione

ries,

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ting,

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atin

g re

port.

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3

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Incr

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cap

acity

of t

arge

ted

Stat

e &

Non

Sta

te a

ctor

s to

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ate

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publ

ic

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uman

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ts

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ing

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e ag

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le o

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&

Hum

an R

ight

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anda

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No.

of i

nstit

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ged

in p

ublic

ed

ucat

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on ru

le o

f La

w &

hum

an ri

ghts

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f peo

ple

train

ed

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e ru

le o

f Law

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an R

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w/s

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stat

e se

curit

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s

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/sho

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co

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mis

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ualit

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ipm

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eria

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Page 64: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Kenya National Commission on Human Rights

54

OU

TC

OM

E

TA

RG

ET

OU

TPU

T

MA

IN A

CT

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Y

IND

ICA

TO

RS

SU

B- A

CT

IVIT

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K

ey A

ctiv

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Q1

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TA

L C

OST

S

UB

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EY

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INPU

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UN

IT C

OST

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ESO

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V

OL

UM

E

Eff

ectiv

e an

d ef

ficie

nt

inst

itutio

n Im

plem

enta

tion

and

over

sigh

t ski

lls im

prov

ed

Sta

ff tr

aini

ng

Num

ber o

f sta

ff a

nd

com

mis

sion

ers t

o be

tra

ined

on

key

requ

site

skill

s id

entif

ied

trai

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nee

ds a

sses

smen

t (R

BA

, Gen

der,

HR

, fa

cilit

atio

n, H

IV,

Man

agem

ent,

lead

ersh

ip,

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ia re

latio

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ldin

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esse

d fo

rmat

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kage

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rtner

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akeh

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e fo

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rnal

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trol s

yste

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lope

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nhan

cing

the

prof

ile o

f the

co

mm

issi

on's

hum

an

reso

urce

,pr

ocur

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t and

fin

ance

man

ual

Num

ber o

f sys

tem

s de

velo

ped/

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ewed

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ning

on

proc

urem

ent,

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ew o

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cure

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t, hu

man

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in o

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tem

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,000

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Page 65: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Strategic Plan 2009-2013

55

OU

TC

OM

E

TA

RG

ET

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TPU

T

MA

IN A

CT

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Y

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ICA

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ey A

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OL

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uate

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ncia

l res

ourc

es

mob

ilise

d R

esou

rce

mob

iliza

tion

Lev

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f res

ourc

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mob

ilise

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und

Rai

sing

Pr

opos

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ritin

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tings

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,000

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,000

Off

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spac

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dequ

ate

wor

king

sp

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staf

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Pro

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Sup

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18,

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Inc

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Rig

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Clin

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Page 66: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Kenya National Commission on Human Rights

56

AN

NE

X 2

: ST

AK

EH

OL

DE

R A

NA

LY

SIS.

St

akeh

olde

rFu

nctio

ns

KN

CH

R’s

co

llabo

ratio

n w

ith

the

orga

niza

tion

(s)

Stak

ehol

ders

Exp

ecta

tions

W

hat t

he K

NC

HR

nee

ds to

do

with

in th

e Pl

an p

erio

d

Civ

il So

ciet

y O

rgan

izat

ions

(C

SOs)

Ther

e is

a w

ide

arra

y of

ci

vil s

ocie

ty

orga

niza

tions

org

aniz

ed

on h

uman

righ

ts is

sues

. C

ivil

soci

ety

orga

niza

tions

are

in

volv

ed in

pro

mot

ion

and

prot

ectio

n of

hum

an

right

s. Th

ey a

lso

play

a

cruc

ial a

dvoc

acy

and

wat

chdo

g ro

le.

The

Com

mis

sion

is

man

date

d by

its

sta

tute

to

‘enc

oura

ge

the

effo

rts

of

othe

r in

stitu

tions

w

orki

ng i

n th

e fie

ld o

f hu

man

rig

hts

and

co-

oper

ate

with

su

ch

othe

r in

stitu

tions

fo

r th

e pu

rpos

e of

pro

mot

ing

and

prot

ectin

g hu

man

rig

hts

in

Ken

ya’.

Th

e C

omm

issi

on

will

co

llabo

rate

with

civ

il so

ciet

y or

gani

zatio

n in

de

finin

g an

d ar

ticul

atin

g th

e co

untry

’s h

uman

rig

hts

agen

da,

join

t pr

ogra

mm

e pa

rtner

ship

s, an

d jo

int

advo

cacy

in

itiat

ives

on

is

sues

of

co

mm

on in

tere

st.

To b

e ac

cess

ible

to

all

Ken

yans

es

peci

ally

the

mos

t vul

nera

ble.

To

ope

n re

gion

al o

ffic

es i

n al

l re

gion

s of

the

coun

try a

nd m

ake

enga

gem

ents

with

CSO

s ou

tsid

e N

airo

bi.

To f

orm

par

tner

ship

s an

d fin

d fo

cal p

oint

s with

CSO

s, FB

Os.

To u

tiliz

e its

sta

tuto

ry m

anda

te

thro

ugh

the

Hea

ring

Pane

ls t

o so

lve

mos

t of

the

hum

an r

ight

s ab

uses

.To

hav

e a

clea

r en

try p

oint

with

al

l cr

itica

l go

vern

men

t de

partm

ents

to

de

al

with

em

ergi

ng n

atio

nal i

ssue

s. Th

e C

omm

issi

on’s

w

ork

on

Terr

oris

m s

houl

d ha

ve g

uidi

ng

prin

cipl

es

inst

ead

of

bein

g re

activ

e.To

und

erta

ke s

cien

tific

Res

earc

h in

the

rese

arch

and

inve

stig

atio

n w

ork

unde

rtake

n.

Put

in p

lace

cle

ar M

onito

ring

and

Eval

uatio

n to

ols

to c

aptu

re

impl

anta

tion

and

follo

w u

p of

all

the

com

mis

sion

’s a

ctiv

ities

i.e

. M

OPA

see

med

to h

ave

died

off

w

ith

the

depa

rture

of

th

e co

mm

issi

oner

w

ho

was

in

-ch

arge

.G

o be

yond

the

rele

ase

of re

ports

an

d pu

rsue

the

pros

ecut

ion

of th

e pe

rpet

rato

rs.

To w

ork

as a

team

to e

nhan

ce it

s cr

edib

ility

.

KN

CH

R

will

de

sign

ate

a fo

cal

poin

t w

ithin

th

e C

omm

issi

on r

espo

nsib

le f

or

enha

ncin

g co

llabo

ratio

n an

d pa

rtner

ship

s w

ith

civi

l so

ciet

y.

Ther

e w

ill

be

annu

al

cons

ulta

tive

foru

ms

with

ci

vil s

ocie

ty o

rgan

izat

ions

.

Page 67: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Strategic Plan 2009-2013

57

Stak

ehol

der

Func

tions

K

NC

HR

’s

colla

bora

tion

with

th

e or

gani

zatio

n (s

) St

ao

keh

lder

s Exp

ecta

tions

W

hat t

he K

NC

HR

nee

ds to

do

with

in th

e Pl

an p

erio

d

Be

mor

e pr

oact

ive

as o

ppos

ed to

be

ing

mer

ely

reac

tive.

M

ake

atte

mpt

s to

add

ress

bot

h ci

vil

and

polit

ical

rig

hts

and

econ

omic

, so

cial

an

d cu

ltura

l rig

hts.

Not

to

be s

een

to b

e co

mpe

ting

with

CSO

s in

term

s of

act

iviti

es

and

Don

or re

sour

ces.

Priv

ate

Sect

or

The

priv

ate

sect

or p

lays

a

criti

cal

role

bo

th

dire

ctly

and

indi

rect

ly in

th

e pr

omot

ion

of h

uman

rig

hts.

The

priv

ate

sect

or

thro

ugh

its lo

bby

grou

ps

can

be

a so

urce

of

la

bour

-rel

ated

hu

man

rig

hts

viol

atio

ns.

The

sect

or

advo

cate

s fo

r go

od g

over

nanc

e in

the

co

untry

.

The

Com

mis

sion

th

roug

h its

bu

sine

ss

and

hum

an ri

ghts

initi

ativ

e se

eks

to h

ave

com

pani

es

adop

t pr

actic

es

and

proc

esse

s th

at

prom

ote

hum

an ri

ghts

.

Lead

ersh

ip

in

Prom

otio

n an

d pr

otec

tion

of h

uman

righ

ts.

Tran

spar

ency

and

acc

ount

abili

ty

Gui

danc

e an

d tra

inin

g in

hum

an

right

s an

d th

e rig

hts

–bas

ed

appr

oach

to p

rogr

amm

ing

Ther

e w

ill

be

perio

dic

cons

ulta

tive

foru

ms

with

the

pr

ivat

e se

ctor

on

issu

es o

f m

utua

l con

cern

.

Med

iaTh

e m

edia

pl

ays

a cr

itica

l ro

le

in

the

prom

otio

n an

d pr

otec

tion

of h

uman

rig

hts

in m

any

way

s. Th

e m

edia

is

a

sour

ce o

f in

form

atio

n on

hu

man

rig

hts

viol

atio

ns

that

ha

ve

take

n pl

ace.

Th

e m

edia

is

a so

urce

th

at e

duca

tes

the

publ

ic

on

hum

an

right

s. Th

e m

edia

is a

lso

a w

atch

dog

The

Com

mis

sion

w

ill

have

pe

riodi

c fo

rmal

en

gage

men

ts w

ith t

he m

edia

to

disc

uss

topi

cal

hum

an

right

s an

d go

vern

ance

is

sues

. Th

e C

omm

issi

on w

ill w

ork

with

the

med

ia i

n its

ed

ucat

iona

l and

wat

chdo

g ro

les.

Proa

ctiv

e en

gage

men

t as

op

pose

d to

reac

tive.

To

focu

s on

som

e to

pica

l hum

an

right

s is

sues

an

d sc

ale

up

com

mis

sion

ing

of d

ocum

enta

ries

on th

em.

To

set

clea

r ag

enda

fo

r th

e vi

sibi

lity

of th

e C

omm

issi

on a

nd

have

form

al e

ngag

emen

ts.

Scal

e up

hum

an ri

ghts

edu

catio

n to

the

mem

bers

of p

ublic

.

Perio

dic

form

al c

onsu

ltatio

ns

with

the

med

ia.

87

Page 68: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Kenya National Commission on Human Rights

58

Stak

ehol

der

Func

tions

K

NC

HR

’s

colla

bora

tion

with

th

e or

gani

zatio

n (s

) St

akeh

olde

rs E

xpec

tatio

ns

Wha

t the

KN

CH

R n

eeds

to

do w

ithin

the

Plan

per

iod

of th

e pu

blic

on

issu

es o

f pu

blic

in

tere

st,

hum

an

right

s, an

d go

od

gove

rnan

ce.

Ken

ya h

as

a ve

ry

vibr

ant

hum

an

right

s cul

ture

.

The

polic

e (A

dmin

istra

tion

Polic

e an

d R

egul

ar

Polic

e)

The

Ken

ya P

olic

e ha

s a

resp

onsi

bilit

y to

: m

aint

ain

law

and

ord

er;

pres

erve

pe

ace;

pr

otec

t lif

e an

d pr

oper

ty;

prev

ent a

nd d

etec

t crim

e;

appr

ehen

d of

fend

ers;

and

en

forc

e al

l la

ws

and

regu

latio

ns w

ith w

hich

it

is c

harg

ed.

The

serv

ice

also

ha

s a

com

plai

nts

depa

rtmen

t w

here

co

mpl

aint

s aga

inst

pol

ice

offic

ers c

an b

e lo

dged

Inve

stig

atin

g co

mpl

aint

s of

hu

man

rig

hts

viol

atio

ns

by

the

polic

e;

incr

easi

ng

unde

rsta

ndin

g of

hum

an r

ight

s am

ong

polic

e of

ficer

s; c

atal

yzin

g re

form

s in

the

pol

ice

forc

e;

visi

ts a

nd in

spec

tions

of p

olic

e st

atio

ns.

Com

plim

enta

ry

role

in

in

vest

igat

ing

hum

an

right

s vi

olat

ions

. C

onsu

ltativ

e pr

oces

s an

d en

gage

men

t whe

n co

mpl

aint

s on

vi

olat

ions

of

hum

an r

ight

s ar

e re

ceiv

ed.

Not

to b

e al

way

s co

ndem

ned

by

the

Com

mis

sion

with

out

bein

g gi

ven

a he

arin

g.

Rev

iew

ing

the

Com

mis

sion

’s

stra

tegy

of

enga

gem

ent

with

th

e po

lice

for

grea

ter

effe

ctiv

enes

s.

Col

labo

ratio

n w

ith th

e Po

lice

Ove

rsig

ht B

oard

est

ablis

hed

in

2008

.

Coo

rdin

ated

st

rate

gy w

ith c

ivil

soci

ety

on

polic

e re

form

s.

Ken

ya P

rison

s Pr

ovid

ing

safe

cus

tody

, re

form

and

reh

abili

tatio

n of

pris

oner

s.

Inve

stig

atin

g co

mpl

aint

s of

hu

man

rig

hts

viol

atio

ns i

n pr

ison

s; e

duca

ting

pris

on o

ffic

ers

on t

heir

right

s; v

isiti

ng a

nd i

nspe

ctin

g pr

ison

s;

advo

cacy

for p

enal

refo

rm.

Giv

e gu

idan

ce a

nd d

irect

ion

in

hum

an ri

ghts

mat

ters

. V

isit

and

insp

ect

plac

es

of

dete

ntio

n.

Enga

ge a

nd tr

ain

them

in h

uman

rig

hts s

tand

ards

and

prin

cipl

es.

Perio

dic

cons

ulta

tive

mee

tings

with

pris

ons.

Min

istry

of

Ju

stic

e,N

atio

nal

Coh

esio

n an

d C

onst

itutio

nal

Aff

airs

Cre

ated

in

20

03

to

form

ulat

e le

gal

and

adm

inis

tratio

n of

jus

tice

polic

ies

to

fost

er

cons

titut

iona

l go

vern

ance

an

d an

ef

fect

ive

lega

l an

d

Col

labo

ratin

g in

th

e pr

oces

s to

war

ds

form

ulat

ion

of

a N

atio

nal

Act

ion

Plan

on

H

uman

Rig

hts.

The

Com

mis

sion

als

o pa

rtner

s w

ith t

he m

inis

try i

n m

atte

rs r

elat

ed t

o tre

aty

mon

itorin

g by

pla

ying

an

advi

sory

role

.

To

take

a

lead

ersh

ip

role

in

en

hanc

ing

real

izat

ion

of h

uman

rig

hts.

To a

dvic

e th

e go

vern

men

t on

do

mes

ticat

ion

and

impl

emen

tatio

n of

al

l hu

man

rig

hts

inst

rum

ents

(inte

rnat

iona

l an

d re

gion

al)

Perio

dic

sche

dule

d co

nsul

tativ

e m

eetin

gs.

88

Page 69: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Strategic Plan 2009-2013

59

Stak

ehol

der

Func

tions

K

NC

HR

’s

colla

bora

tion

with

th

e or

gani

zatio

n (s

) St

ao

keh

lder

s Exp

ecta

tions

W

hat t

he K

NC

HR

nee

ds to

do

with

in th

e Pl

an p

erio

d

89

(MoJ

NC

CA

) ju

dici

al sy

stem

in K

enya

. Th

e M

inis

try

wor

ks

arou

nd

the

follo

win

g th

emes

:

C

apac

ity

build

ing;

enh

ance

eth

ics

and

inte

grity

; pr

omot

ion

of g

ood

gove

rnan

ce a

nd

hum

an r

ight

s; r

efor

m o

f le

gal

educ

atio

n;

revi

ew

of

the

cons

titut

ion;

in

crea

sed

acce

ss

to

just

ice;

re

view

of

ou

tdat

ed la

ws

To fa

cilit

ate

build

ing

capa

city

of

gove

rnm

ent o

ffic

ers o

n m

ains

tream

ing

hum

an ri

ghts

into

th

eir r

espe

ctiv

e m

anda

tes.

Stat

e La

w

Off

ice

(SLO

) M

anda

ted

to a

dvis

e th

e G

over

nmen

t on

all

lega

l m

atte

rs f

or p

urpo

ses

of

faci

litat

ing

and

mon

itorin

g th

e ru

le

of

law

; pr

otec

tion

of

free

dom

s;

dem

ocra

cy

and

effic

ient

del

iver

y of

le

gal s

ervi

ces.

The

Com

mis

sion

par

tner

s w

ith t

he A

ttorn

ey

Gen

eral

’s o

ffic

e by

ref

errin

g co

mpl

aint

s to

the

va

rious

dep

artm

ents

in

the

Stat

e La

w O

ffic

e w

hich

rece

ive

com

plai

nts.

The

Com

mis

sion

als

o pa

rtner

s w

ith t

he S

tate

La

w O

ffic

e in

m

atte

rs

rela

ted

to

legi

slat

ive

enac

tmen

t.

Com

plim

enta

ry r

ole

in h

andl

ing

com

plai

nts.

Con

tinuo

us

enga

gem

ent

on

impl

emen

tatio

n of

the

reg

iona

l an

d in

tern

atio

nal t

reat

ies.

To

stre

ngth

en

thei

r le

gisl

ativ

e pr

oces

s by

inc

lusi

on o

f hu

man

rig

hts.

Info

rmat

ion

shar

ing.

Ther

e is

nee

d to

par

tner

mor

e w

ith th

e St

ate

Law

Off

ice,

to

ensu

re th

at th

e C

omm

issi

on’s

w

ork

is sm

ooth

ly ra

n.

Oth

er

Gov

ernm

ent

min

istri

es

and

depa

rtmen

ts

Dev

elop

men

t of

po

licy

and

serv

ice

deliv

ery.

Pa

rtner

ship

s on

spec

ific

issu

es re

latin

g to

hum

an

right

s. G

ive

lead

ersh

ip in

hum

an r

ight

s is

sues

.G

ive

cons

truct

ive

criti

cism

and

fe

edba

ck

Des

igna

tion

of f

ocal

poi

nts

with

in

the

Com

mis

sion

to

co

ordi

nate

par

tner

ship

s w

ith

key

min

istri

es.

Publ

ic

Com

plai

nts

The

Publ

ic C

ompl

aint

s St

andi

ng C

omm

ittee

is a

Th

e C

omm

issi

on r

efer

s so

me

com

plai

nts

to i

t. Si

mila

rly, t

he P

CSC

has

refe

rred

mat

ters

falli

ng

Com

plim

enta

ry r

ole

in h

andl

ing

publ

ic

com

plai

nts

as

rega

rds

Perio

dic

cons

ulta

tive

Page 70: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Kenya National Commission on Human Rights

60

Stak

ehol

der

Func

tions

K

NC

HR

’s

colla

bora

tion

with

th

e or

gani

zatio

n (s

) St

akeh

olde

rs E

xpec

tatio

ns

Wha

t the

KN

CH

R n

eeds

to

do w

ithin

the

Plan

per

iod

Stan

ding

C

omm

ittee

(P

CSC

)

Publ

ic b

ody

esta

blis

hed

in 2

007.

The

PC

SC is

m

anda

ted

to re

ceiv

ing

com

plai

nts o

f m

alad

min

istra

tion;

en

quire

into

alle

gatio

ns

of m

alad

min

istra

tion;

m

anag

emen

t, re

solu

tion

and

prev

entio

n of

pub

lic

com

plai

nts;

ove

rsig

ht

role

to a

ll pu

blic

in

stitu

tions

in re

spec

t to

mal

adm

inis

tratio

n.

with

in th

e C

omm

issi

on’s

man

date

to it

. vi

olat

ions

of h

uman

righ

ts.

Cap

acity

bu

ildin

g in

hu

man

rig

hts

and

right

s-ba

sed

appr

oach

to

pro

gram

min

g.

mee

tings

with

the

PCSC

.

Stre

ngth

enin

g co

llabo

ratio

n to

elim

inat

e du

plic

atio

n, o

ver

laps

, and

cro

ss re

ferr

als.

Dev

elop

men

t pa

rtner

s Th

ey p

rovi

de fu

ndin

g /re

sour

ces f

or

impl

emen

tatio

n of

hu

man

righ

ts a

ctiv

ities

.

Giv

e te

chni

cal s

uppo

rt in

hu

man

righ

ts

prog

ram

min

g

Goo

d pa

rtner

ship

s in

prog

ram

min

g Ti

mel

y de

liver

y of

th

e se

t ob

ject

ives

. Tr

ansp

aren

cy a

nd a

ccou

ntab

ility

Im

plem

ent

man

date

th

roug

h rig

hts-

bas

ed a

ppro

ache

s.

Gen

der

Com

mis

sion

Es

tabl

ishe

d by

an

Act

of

Parli

amen

t in

2003

to

coor

dina

te, i

mpl

emen

t an

d fa

cilit

ate

gend

er

mai

nstre

amin

g in

na

tiona

l dev

elop

men

t an

d to

adv

ice

the

Gov

ernm

ent o

n al

l as

pect

s the

reof

.

The

stra

tegi

c ob

ject

ives

of

the

Com

mis

sion

are

The

Com

mis

sion

ha

s co

llabo

rate

d w

ith

the

Gen

der C

omm

issi

on in

the

Wise

Up

to W

omen

’s

Lead

ersh

ip c

ampa

ign.

The

Gen

der

Com

mis

sion

has

a b

road

man

date

bu

t its

wor

k is

ham

pere

d by

inad

equa

te fu

ndin

g.

Ther

e is

nee

d to

stre

ngth

en l

inka

ges

with

the

C

omm

issi

on

to

enab

le

achi

evem

ent

of

its

man

date

sinc

e ge

nder

is a

hum

an ri

ghts

con

cern

.

To c

ompl

emen

t th

eir

stra

tegi

es

by g

ivin

g le

ader

ship

in

hum

an

right

s mat

ters

. To

tra

in t

hem

in

hum

an r

ight

s an

d rig

hts-

base

d ap

proa

ch

to

prog

ram

min

g

Perio

dic

cons

ulta

tions

on

is

sues

of m

utua

l int

eres

t.

90

Page 71: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Strategic Plan 2009-2013

61

Stak

ehol

der

Func

tions

K

NC

HR

’s

colla

bora

tion

with

th

e or

gani

zatio

n (s

) St

akeh

olde

rs E

xpec

tatio

ns

Wha

t the

KN

CH

R n

eeds

to

do w

ithin

the

Plan

per

iod

polic

y fo

rmul

atio

n an

d le

gal r

efor

ms;

adv

ocac

y on

gen

der p

arity

and

ge

nder

issu

es;

partn

ersh

ip a

nd li

nkag

es;

reso

urce

mob

iliza

tion;

in

vest

igat

ion

on g

ende

r ba

sed

viol

atio

ns;

inst

itutio

nal c

apac

ity

build

ing

and

gend

er

rese

arch

.

Law

Soc

iety

of

Ken

ya

The

Law

Soc

iety

of

Ken

ya h

as a

n ex

tens

ive

and

long

-sta

ndin

g m

anda

te to

adv

ise

and

assi

st m

embe

rs o

f the

le

gal p

rofe

ssio

n, th

e go

vern

men

t and

the

publ

ic in

all

mat

ters

re

latin

g to

the

law

and

ad

min

istra

tion

of ju

stic

e in

Ken

ya. T

he L

aw

Soci

ety

of K

enya

has

, am

ong

othe

rs, a

spec

ific

stat

utor

y m

anda

te to

pr

otec

t and

ass

ist t

he

publ

ic in

Ken

ya in

all

mat

ters

touc

hing

, an

cilla

ry o

r inc

iden

tal t

o th

e la

w.

The

Com

mis

sion

m

ainl

y re

fers

co

mpl

aint

s ag

ains

t adv

ocat

es to

the

LSK

.

Ther

e is

nee

d to

par

tner

with

the

LSK

in te

rms

of C

ontin

uing

Leg

al E

duca

tion

for

prac

ticin

g la

wye

rs (

CLE

) t

o en

sure

und

erst

andi

ng o

f th

e C

omm

issi

on’s

man

date

by

advo

cate

s. Th

ere

is

also

nee

d to

par

tner

in c

onst

itutio

nal c

ases

file

d by

the

soci

ety.

Act

ivel

y vo

lunt

eer

hum

an r

ight

s to

pics

to b

e in

clud

ed C

LE.

To p

artic

ipat

e in

CLE

thr

ough

gi

ving

hu

man

rig

hts

train

ings

an

d le

ctur

es.

To

activ

ely

enga

ge

in

partn

ersh

ip w

ith th

em to

file

and

pr

ofile

con

stitu

tiona

l cas

es.

Perio

dic

cons

ulta

tions

on

is

sues

of m

utua

l int

eres

t.

Oth

er

Prof

essi

onal

U

nder

taki

ng d

iffer

ent

initi

ativ

es th

at p

rom

ote

Con

sulta

tions

and

par

tner

ship

s C

apac

ity

Bui

ldin

g in

H

uman

rig

hts p

rinci

ples

and

stan

dard

s. Pr

omot

e go

od

gove

rnan

ce

To

form

ne

twor

ks

and

partn

ersh

ips.

91

Page 72: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Kenya National Commission on Human Rights

62

Stak

ehol

der

Func

tions

K

NC

HR

’s

colla

bora

tion

with

th

e or

gani

zatio

n (s

) St

akeh

olde

rs E

xpec

tatio

ns

Wha

t the

KN

CH

R n

eeds

to

do w

ithin

the

Plan

per

iod

Bod

ies

good

gov

erna

nce

thro

ugh

trans

pare

ncy

and

acco

unta

bilit

y.To

sp

eak

out

on

key

hum

an

right

s vio

latio

ns b

y th

e St

ate.

Ju

dici

ary

Form

al d

ispu

te

settl

emen

t in

crim

inal

an

d ci

vil m

atte

rs;

adm

inis

tratio

n of

just

ice;

an

d

diss

emin

atio

n of

leg

al

info

rmat

ion

The

Com

mis

sion

re

fers

co

mpl

aint

s to

th

e Ju

dici

ary.

In

addi

tion,

the

Com

mis

sion

, thr

ough

th

e H

RE

prog

ram

me

wor

ks o

n bu

ildin

g th

e ca

paci

ty o

f th

e in

stitu

tion

in m

atte

rs r

elat

ed t

o hu

man

righ

ts.

Ther

e is

nee

d to

bui

ld u

p on

the

wor

k do

ne b

y th

e C

omm

issi

on

so

far

by

mon

itorin

g th

e ju

dici

ary

in t

erm

s of

app

lyin

g hu

man

rig

hts

know

ledg

e in

thei

r wor

k.

To

stren

gthe

n th

e re

latio

nshi

p th

roug

h pa

rtici

pato

ry

enga

gem

ent

and

train

ing

on

hum

an ri

ghts

issu

es.

Not

to a

ppea

r to

usur

p po

wer

s of

th

e co

urts

bu

t to

co

mpl

emen

t ea

ch o

ther

.

Perio

dic

cons

ulta

tions

w

ith

the

judi

ciar

y.

Parli

amen

t - P

ass b

ills i

nto

Act

s of

Parli

amen

t

- Pas

sing

con

stitu

tiona

l am

endm

ents

- Ove

rsig

ht o

ver t

he

Min

istri

es a

nd o

ther

pu

blic

inst

itutio

ns

- App

rova

l of n

omin

ees

to k

ey p

ositi

ons i

n va

rious

stat

utor

y bo

dies

- App

rova

l of r

egul

atio

ns

- App

rova

l of t

he

natio

nal b

udge

t

Partn

ersh

ip w

ith t

he p

arlia

men

tary

com

mitt

ees

that

de

al

with

th

e di

ffer

ent

them

atic

is

sues

re

leva

nt to

hum

an ri

ghts

.

To s

ubm

it tim

ely

repo

rts re

leas

ed fo

r di

scus

sion

and

adop

tion.

A

ctiv

e en

gage

men

t w

ith

the

Com

mitt

ees

of t

he h

ouse

on

topi

cal

hum

an ri

ghts

mat

ters

rele

vant

to e

ach

com

mitt

ee.

To

be

train

ed

in

right

s-ba

sed

appr

oach

to p

rogr

amm

ing.

G

ive

them

gui

danc

e on

hum

an ri

ghts

in

clus

ion

and

impl

icat

ions

of

al

l le

gisl

atio

ns th

at c

ome

befo

re th

em

Des

igna

ting

a pa

rliam

enta

ry

liais

on o

ffic

er a

nd p

erio

dic

cons

ulta

tions

w

ith

parli

amen

tary

de

partm

enta

l co

mm

ittee

s.

92

Page 73: STRATEGIC PLAN 2009 - 2013 · 2011-02-18 · Strategic Plan 2009-2013 vii FOREWORD T his Strategic Plan is the second one since the establishment of The Kenya National Commission

Strategic Plan 2009-2013

63

93

Stak

ehol

der

Func

tions

K

NC

HR

’s

colla

bora

tion

with

th

e or

gani

zatio

n (s

) St

akeh

olde

rs E

xpec

tatio

ns

Wha

t the

KN

CH

R n

eeds

to

do w

ithin

the

Plan

per

iod

- Con

side

ratio

n of

re

ports

from

wat

chdo

g ag

enci

es.

Gen

eral

Pub

lic

Are

the

clie

nts

and

will

ap

pear

so

met

imes

as

cl

aim

hol

ders

and

som

e ot

her

times

as

du

ty

bear

ers.

The

Com

mis

sion

w

orks

on

be

half

of

the

mem

bers

of p

ublic

Ti

mel

y in

terv

entio

n in

th

eir

com

plai

nts.

Effe

ctiv

e se

rvic

e de

liver

y.

To re

ceiv

e tra

inin

g an

d kn

owle

dge

in

hum

an ri

ghts

. A

ct o

n be

half

of th

e m

ost v

ulne

rabl

e an

d m

argi

naliz

ed in

the

com

mun

ity.

Prov

ide

regu

lar

upda

tes

on

the

hum

an ri

ghts

situ

atio

n in

Ken

ya.

Giv

e po

licy

and

lega

l di

rect

ions

on

the

curr

ent d

ebat

es in

the

coun

try in

re

spec

t of h

uman

righ

ts.

Targ

eted

con

sulta

tive

foru

ms

Com

mis

sion

St

aff

Impl

emen

tatio

n of

th

e se

t ob

ject

ives

th

roug

h va

rious

pro

gram

mes

.

Del

iver

y of

ser

vice

s as

stip

ulat

ed i

n va

rious

te

rms o

f eng

agem

ent.

Supp

ort

and

polic

y di

rect

ion

in

impl

emen

tatio

n of

the

prog

ram

mes

. C

apac

ity b

uild

ing

Cre

ate

cond

uciv

e w

orki

ng

envi

ronm

ent

Und

erta

king

in

stitu

tiona

l bu

ildin

g w

ith so

und

man

agem

ent p

olic

ies.

Parti

cipa

tory

en

gage

men

t in

man

agem

ent a

nd p

olic

y de

velo

pmen

t. R

egul

ar u

pdat

es.