Inuka!

Issue No.2 Vol. 2 July-December 2009

Promoting the Rights of Women in Kenya

The State of Human and Womens Rights in Kenya

The Sexual Offences Act 2007 Explained

We Must Say No To Gender Based Violence

Curtain Falling on Archaic Practice

Inuka is a bi-annual publication of AMWIK with support from UNDEF

Contents

Pg. 18
STATE OF WOMENS RIGHTS
6. The State of Human and Womens Rights in Kenya 8. Womens Rights Laws 10. The Sexual Offences Act Explained

Pg. 30
REPRODUCTIVE HEALTH
26. A Right to Beget in Dignity 28. Family Planning: An Ignored Right of Women? 30. Reducing Maternal Deaths in Tanzania 32. Menstruation: Lack of Sanitary Towels Keeping Girls Out of School

Pg. 12

TOPICAL
35. Womens Human Rights Critical for Vision 2030

AGENDA FOUR
12. The Place of Kenyan Women in Agenda Four 14. Engendering the Constitutional Review Process 16. Kenya Hosts the First Gender Festival 18. We Must Say No To Gender Based Violence 20. Fighting for Equitable Rights to Own Property

36. Celebrating Gender Activists in Kenya 37. Climate Change Policies Must Address Gender

THE PROGRAMME
3. Inuka! Pictorial 4. Inuka! Mailbox 39. AMWIK Supports Media Women to Access Higher Education

Pg. 20

FEMALE GENITAL MUTILATION

22. Curtain Falling on Archaic Practice 24. Traditional Circumcisers Say No

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Pictorial
Journalists participate in a Women and Human Rights workshop in Kisumu

Businesswoman Virginia Wamaitha makes a presentation during a radio listeing group facilitated by AMWIKs Marceline Nyambala in Naivasha recently. Dr. Willy Mutunga (seated right) and Dr. Joyce Nyairo (centre) both of Ford Foundation, listen keenly

Above and below: Mustaqim Womens Group of Wajir interact with one another during a visit by AMWIK

The coordinator of UNDEF project, Wajir District, Mr. Mohammed Sheikh making a presentation during a visit

AMWIK Programmes Manager, Ms. Marceline Nyambala, presents certificates to journalists upon completion of a Women and Human Rights training for journalists in September 2009, in Mombasa. Looking on is UNDEF Kwale District coordinator, Mr. Mohammed Barroh

July-December 2009

Mailbox

Kudos! For the good work

Promoting the Rights of Women in Kenya

Inuka!

Issue No.1 Vol. 1 January-June 2009

must thank you members of the Association of Media Women in Kenya (AMWIK) for your efforts to reach the public with good information. I also thank you for letting me receive copies of your womens human rights newsletter, Inuka. I will send extra copies to our rural resource centre for more people, especially women and youth, to read them. Keep up the good work. Jackson Bambo Kenya Forests Working Group P.O Box 20110-00200 Nairobi

Fatuma Adan: Voice of Will MDGs Come to The Marriage Bill hanks for forwarding to us a copyRescue of womens of your Women? Hope in Marsabit 2007 Explained

rights newsletter, Inuka. I admit that the articles are Inuka is a bi-annual publication of AMWIK informative and widely with support from UNDEF have sent out sourced. We copies of the publication to our main library to ensure wider readership by both staff and students. Charles E. Sikulu, Acting Publications Manager, University of Nairobi, P.O BOX 30197 00100, NAIROBI

hank you for sending me a copy of your Inuka newsletter, which I found quite inspiring. The stories on how women are overcoming obstacles were great and quite touching. The most touching to me was The voice of hope in Marsabit featuring the efforts of a young woman to make a difference in a very difficult social-cultural environment. The self defence aspect that featured the I am worth defending programme is a must read for any woman, young and old, to realise that women do not have to be victims due to their assumed lack of physical strength. The challenges that women in flower farms go through cannot be overstated yet the violations have gone on for so long. You clearly brought out the gender aspect of it, with men getting better pay and better protection, while women suffer the effects of chemicals and cool temperatures in the farms with very meagre pay. This discrepancy ought to be addressed urgently. The information shared on various legal aspects of womens rights was quite informative. I congratulate you for the great work you are doing in empowering women and sharing information about the state of their rights. Keep up. Sophie Ngugi Young Womens Leadership Institute ACS Plaza, Lenana Road P.O. Box 42661 - 00100 Nairobi

FUNDING United Nations Democracy Fund (UNDEF) AMWIK EDITORIAL BOARD Executive Director: Jane Thuo Programmes Manager: Marceline Nyambala Programmes Officer: Lilian Juma

Editor: Tabitha Onyinge Sub-Editor: Murugi Murekio Design: Virginia Nov

Writers Carol Kinyua Ellen Paalgard Joyce Chimbi Margaret Mwangi Ngithi Mwaniki

Pascaline Wambugu Patience Nyange Trizah Mwanyika Venter Mwongera Yvonne Otieno

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Mailbox

Wife inheritance perpetuating the spread of HIV

of the best cultures our communities practice, which should not be discarded because of stereotypes. Apart from being biblical, it is morally right, respectful and practical. It is however being threatened by four things, namely: HIV/AIDS, its spread and effects Interference by alien beliefs and cultures Current economic circumstances Secular and Christian education man loses her husband or wife due to HIV/AIDS and chooses to remain without remarrying, her or his immorality will lead her or him to many men or women as he or she is not bound to anybody. Many lives are bound to be lost in this arrangement. I would rather we lose four lives because of HIV/AIDS arising from wife inheritance than lose hundreds because we dont want to be inherited. An unmarried woman or man is the wife or husband of anybody or everybody. In a nutshell, HIV/AIDS is spreading due to immorality of both the married and the unmarried. You dont expect a HIV negative widow who has been morally upright to die of HIV/AIDS upon getting inherited by an equally morally upright man living with a morally upright wife. I can support the abandonment of wife inheritance if one can remain without engaging in sex after the demise of a HIV positive husband or wife, as it would help save lives. But secondary celibacy is not easy. My contribution on remarriage, or the so called wife inheritance, so far are restricted to the sexual aspect of the practice. There are however more factors that make remarriage or wife inheritance a very acceptable cultural practice that should be embraced and maintained instead of being demonised. How I wish the Association Of Media Women In Kenya (AMWIK) in collaboration with Gwassi Progressive Society (E.A) could sponsor a workshop in Gwassi Division of Suba District, to share with women about issues such as these. Certainly there are many factors that contribute to the rampant spread of HIV/AIDS in Kenya other than Wife inheritance, and these should be researched and exposed. I am willing to be engaged in this topic further. Kennedy Rawinji Jagwassi Gwassi Progressive Society (E.A) Email: kennedyjagwassi @yahoo.com
Disclaimer The views expressed in this publication do not necessarily reflect those of AMWIK, UNDEF or partners

wish to react to an article titled Wife Inheritance perpetuating the spread of HIV, appearing in issue one of Inuka! newsletter. Wife inheritance is a topical issue for discussion, and has been discussed in many fora. HIV/AIDS is equally a cause of stigma in the lives of many people, including their families and society. Both wife inheritance and HIV/AIDS are reportedly more pronounced in Nyanza Province. Coming from Suba District in Nyanza Province, and as the Chairman of a social welfare association with roots in the region, I felt duty bound to react to the article, Wife inheritance perpetuating the spread of HIV. I hope my contribution will give women, society and the entire editorial team of Inuka! some insight. I start by saying that there is nothing called Wife inheritance in Nyanza Province or anywhere else within or without this country. These are words coined by the media for unknown reasons, and have been used repeatedly to a point of being accepted, in relation to widowed women joining men in marriage. According to me, what the Luo, the Suba and in deed many other Kenyan communities practice is remarriage. We only inherit property or wealth. A woman cannot be equated to property, so we dont inherit wives, we remarry them. This is also the biblical stand. I will not share with you why it is preferred that a widowed woman remarries within her locality in this letter, as I am currently doing so in a book titled, Wife inheritance. I wish to however submit that remarriage is one

It is my theory that any widowed woman below the age of 60 who does not remarry, having married her first husband because she could not control her body, shall be considered potentially a prostitute. Similarly, a lady or a man well past the acceptable marriage age who has not been married, not as a choice to remain single to serve the lord as a nun or a priest, or is yet to get a partner, but because of a decision to remain without a husband or wife, is equally potentially a prostitute. Note that I use the terms potential prostitute and wife inheritance in quotes because to me they are both misplaced. In a situation where a morally upright woman or man loses a husband or wife due to HIV/AIDS and remarries an equally morally upright man or woman, only the four people involved in the marital cycle are likely to die of HIV/ AIDS. Conversely, if an immoral woman or

Do not hesitate to write to us or call us on the following address, if you have any queries or clarifications on any of the articles appearing in this publication, or on any matters on womens human rights.
Association of Media Women in Kenya (AMWIK) Wendy Court, Hse No. 6 David Osieli Rd., Off Waiyaki Way, Westlands P.O. Box 10327 00100 Nairobi, Kenya. Tel: 254 20 444 1226 Tel/Fax 254 20 444 1227 Mobile: 0722/0737 201958 E-mail: info@amwik.org Website: www.amwik.org

July-December 2009

AMWIK Executive Director, Jane Thuo, shows the Chairperson, Sylvia Machini, Vice Chairperson, Mildred Barasa, Programmes Assistant, Linda Ongwenyi, the KAP survey report during the launch at a city hotel as distric representatives look on

The state of human and womens rights in Kenya

By Murugi Murekio and Tabitha Onyinge omen in Kenya continue to be marginalised and discriminated against due to inadequate laws and negative social and cultural factors, according to a survey released by the Association of Media Women in Kenya (AMWIK) The Knowledge Attitudes and Practices of Human and Womens Rights in Kenya survey focuses specifically on womens rights. Speaking during the release of the findings, AMWIK Executive Director, Jane Thuo, said the association endeavours to create a wellinformed society and to advance the rights of women in Kenya. The purpose of the survey was to determine the information gaps on womens rights issues in six districts

of Kisumu, Naivasha, Isiolo South, Wajir, Malindi and Kwale, to inform the implementation of the awareness programme on human and womens rights in the project areas. The first objective of the survey was to assess the knowledge level of various basic human rights and components. It also examined how communities, particularly women, have participated in the on-going reform processes including the Truth, Justice and Reconciliation Commission (TJRC), the Waki Commission, Kreigler Commission and the Constitution Review Process. The study investigated whether the communities understood their roles in these processes or were just spectators,

said Thuo. The study also sought to determine the level of violation of womens rights, whether women are aware of the laws relating to their rights and how they regard them, and finally the most popular media communities use to get information on various rights. While presenting the findings of the survey, University of Nairobi lecturer, Peter Oriare, said the survey aimed to create awareness and inform AMWIKs programme work currently being conducted in the six districts studied. Lack of a legislative and a policy framework to set pace for womens empowerment are the two main factors the survey found to be

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inhibiting women from advancing and enjoying their rights. The Kenyan society violates womens rights because of ignorance and a majority of Kenyan women suffer all manner of discrimination in silence because they neither know their rights nor how and where to get redress, said Oriare, the key researcher. Womens low status is manifested in widespread gender inequality and inequity across the country.

them. These include lack of time due to heavy workloads; religion; lack of information; lack of empowerment; and discrimination as inhibiting their participation in public rights and political processes. Men on the other hand perceive the inhibitors to be illiteracy and culture.

them from participation in the political processes.

Social and economic rights

Social and Demographic representation

Fifty three (53) per cent of the respondents were women, while men constituted 46 per cent, with the majority aged between 20 and 44 years (the reproductive years). We interviewed women as young as 13 and men as young as 18 as these are usually the ages of initial sex activity in Kenya, explained Oriare. Sixty per cent of the respondents were married, with 40 per cent having no education and another 40 per cent having low level of education. The urban population in the six districts was 33 per cent while the rural population made up 67 per cent of the respondents. When it came to employment 69 per cent of the respondents earned less than Kshs.5 000 with 40 per cent being formerly unemployed.

Political rights and processes

Despite it being womens most preferred source of information, the survey shows that over 96 per cent of Kenyans are reluctant to participate in meetings or rallies discussing issues related to reforms in the country. Womens participation in the political processes was particularly low, except in Kisumu where womens groups have demonstrated high participation. Womens groups that have not participated in on-going political processes blame traditional and cultural practices as hindering

Respondents were asked to give their opinion on their knowledge of and government performance on various basic human rights such as Asked if they were aware of the chief education, food, health, housing, mediator of the talks between the clean water, land and security among Orange Democratic Movement (ODM) others. The least known rights are and party of National Unity (PNU) the right to clean environment (17.1 parties following the 2007/2008 post per cent) and adequate housing or election violence, 64 per cent of the shelter (18.9 per cent) however, respondents were aware while 40 per 66 per cent of the respondents are cent were not aware. A whopping 93 aware of the right to education. It is per cent of the respondents were aware not surprising then that more than 80 of the post election violence mediation per cent of the respondents have talks. Quite disturbing was the 51 per not participated in discussing reforms cent of the respondents who were on these rights. Significant number of not aware that Kenya has a coalition respondents rated the government as government, says Oriare. performing poorly in delivery of food (34 per cent), employment (31.7 per Respondents were asked to mention the commissions put in place following cent), and access to land (28.6 per cent). talks between ODM and PNU in 2008. 71.7 per cent are aware of the Waki Awareness of laws that protect Commission, while less than 3 per the rights of women in Kenya is cent of the respondents were aware extremely low. Less than 5 per cent of TJRC, Interim Independent Electoral of the respondents were able to Commission (IIEC), National Cohesion mention them. There is very limited and Integration Commission (NCIC) knowledge on the Sexual Offences and the constitution review process. Act, Childrens Act and the Marriage Over 96 per cent of the respondents Bill (2009). Nevertheless, 16 per cent have not participated in various reforms of the respondents know that the processes. However the majority of land policy states that women have respondents hold it as very important a right to land and to own property. to participate in political processes. With respect to violation of womens Women felt that lack of time (66.7 per rights by others, 32 per cent of cent), religion (64.3 per cent), lack of women respondents in Kisumu knew information (55.6 per cent), lack of a woman who had been beaten, empowerment (55.6 per cent) and and 45 per cent from Malindi have discrimination (51.6 per cent) hinder

Dr. David Chiel (second right), Dr. Willy Mutunga (third right), Dr. Joyce Nyairo (third left) and Dr. Susan Kaari (right), all of Ford Foundation, join a radio listeing group facilitated by AMWIKs Marceline Nyambala (second left) in Naivasha recently.

July-December 2009

been raped. Only 26.5 per cent of those who have been beaten by a spouse and 2.4 per cent who have been raped have filed police reports.

Access to information
Kenyan women are also less likely than men to have access to relevant and useful information that empowers them. This is because of persistent structural, political and cultural barriers that hinder women from participating in political, social and economic engagements. The Kenya Economic Survey of 2007 showed that a total of 4.2 million adult Kenyans are illiterate, 75 per cent of them being women. This reduces womens access to information. The Kenya National Bureau of Statistics and the Ministry of Health indicated in 2003 that womens access to mass media, which are the main channels of communication in todays world, is dismally low. The AMWIK survey showed that few women are exposed to mass media - radio, TV and newspapers. This means a lot of women still access information through traditional channels of communication like womens groups, clan and religious meetings. All women prefer information from meetings and public rallies and mobile phones, followed by radio and television (62.5 per cent) and workmates and friends (50 per cent). Eighty (80) per cent of the respondents use radio as their preferred source of information on human rights. Women (54 per cent) prefer radio while men prefer newspapers as key source of information on human rights. When respondents were asked to mention channels they would prefer to receive their information on womens rights 43.1 per cent prefer mass media (radio, television, and internet) while 26.5 per cent preferred to get their information through group discussion, workshops and seminars. Asked to give suggestions on how to address the challenge of rights of women, men stated that women should contest

for parliamentary seats and that they should be provided with security. The women proposed creating awareness (60 per cent), formation of women groups (66.7 per cent), empowerment of women economically (59 per cent) and bad cultural practices should be done away with (58 per cent).

Conclusion
The report reveals that awareness of both human and womens rights is very limited in Kenya. Even less is the level of participation in human rights processes. Despite the fact that women form 52 per cent of the Kenyan population, they are still marginalised and discriminated against due to inadequate laws and negative social and cultural factors. There is need to deepen understanding of the roles of various stakeholders, including the government and media in the enhancement of human rights in the project districts. Besides, Kenyans have low awareness of their civic responsibilities in political processes, indicating they can only play representation roles if given the opportunity. This shows that many Kenyans do not understand that they should hold the government accountable to deliver reforms and good governance. There is therefore need to increase knowledge of people in the districts on their civic responsibilities to enable them understand their roles in the delivery of effective services, human rights and preservation and protection of womens rights. There is further need for sustained human rights education and advocacy to increase knowledge about fundamental rights and privileges in the districts. It is our expectation that the recommendations and findings will not only inform our ongoing advocacy and awareness programmes on womens rights, but also other partners involved in advancing the rights of women in Kenya, concludes Thuo.

Womens rights laws

he Constitution of Kenya is the greatest hindrance to the fight against rampant discrimination against women because it provides for protection of rights and at the same time undermines similar provisions in different section of the constitutions. For instance, Article 82 (1) and (2) puts limitations on prohibitions against discrimination, while article 84 (4 b) and (c) discriminate against women on issues of personal law. While the government has taken various measures to address discrimination against women, none of them has ever been fully implemented. It appointed the Taskforce on Laws Affecting Women that successfully completed its work in 1999, but recommendations have not been fully implemented. The government later adopted the National Policy on Gender and Development as a sessional paper, but

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public awareness of it is low due to poor dissemination and implementation. Parliament passed a bill for the formation of the National Commission on Gender and Development in 2003, but the Commission has not done much because of various frustrations. Women civil society have been active in lobbying for and drafting gender sensitive bills including the Affirmative Action Bill, Equality Bill, the National Hospital Insurance Bill, Sexual Offences Bill and Family Protection Bill. Parliament passed the Sexual Offenses Act, and subjected the Affirmative Action bill to the constitutional making process. Some of the laws of Kenya relating to the rights of women and girls include: The Constitution of Kenya: Chapter four of the Constitution of Kenya addresses the protection of fundamental rights and freedoms of individuals irrespective of gender. Article 82 (1) and (2) puts limitations on prohibitions against discrimination. Article 84 (4 b) and (c) discriminate against women on issues of personal law. The African Christian Marriage and Divorce Act: Chapter 151 of the Laws of Kenya protects the rights of African Christian widows from inheritance by brothers- in-law or any other person. It entitles the widow and her children to support from the family like other members of the said family. The law gives the widows guardianship of the children until they attain age 16. However, it restricts her from receiving dowry as it states that dowry will be paid according to customary law that places more influence on the brothers-inlaw. The Hindu Marriage and Divorce Act: Provides for Hindu marriages, guardianship in marriage, ceremonies in marriage, registration of marriages and offences and grounds for divorce. It protects women against sodomy, bestiality and rape by husbands. The Kadhi Courts Act: Chapter 11 of the Laws of Kenya establishes the Kadhi Courts (Islam based) and their geographical jurisdiction within Kenya. It also provides for a Chief Kadhi and eight Kadhis who are all men, thus discriminating against women. However, it stipulates that all cases will be judged without gender-based discrimination. The Law of Succession Act of 1981: Chapter 160 of the Laws of Kenya address issues of wills, testamentary or intestate succession, provision for dependants, administration of estates and jurisdictions. It provides for rights of the woman to make a will. It protects the rights of former wives to inherit husbands property. However, sections 32 and 33 give powers to customary law to take effect in addressing inheritance of land of intestate nature. This discriminates against women, as the customs of communities in these areas are patriarchal. The Maintenance Orders Enforcement Act of 1984: Chapter 154 of the Laws of Kenya provides for the enforcement of orders for the maintenance of wives and dependants as well as recovery of costs of relief and maintenance.

The Marriage Act: Chapter 150 of the Laws of Kenya of 1902 provides for notice of marriage, role of registrars, issuance of certificates, marriage facilities, consent to marriage of minors, celebration of marriage, foreign marriages and offences. The Married Womens Property Act of 1882: Provided for amendment and consolidation of acts relating to property of married women. It gave married women rights to acquire and own property as individuals, and powers to dispose of their own properties. However, property entrusted by the married woman to the husband is treated as part of his estate. Husbands were responsible for debts of wives acquired before marriage. The Matrimonial Causes Act 1941: Chapter 152 of the Laws of Kenya addresses divorce and nullity of marriage, judicial separation, and restitution of conjugal rights. The main causes of divorce and nullity are adultery, cruelty, desertion and being of unsound mind. It restricts freedom of spouses to divorce until three years elapse after celebrating marriage. The woman has rights to acquire and own property as an individual upon judicial separation. The man pays alimony upon pronouncement of judicial separation to the woman. The Subordinate Courts (Separation and Maintenance): Chapter 153 of the Laws of Kenya confer jurisdiction on certain magistrates in reference to married women. It empowers women to apply for an order against husbands for desertion, cruelty, having sex while having a venereal disease, compelling wife to prostitution, and that the husband has been found guilty under sections 234, 237, 239, 251 and 256 under the Penal Code. The Mohammedan Marriage and Divorce Registration Act: Chapter 155 of Laws of Kenya of 1902 provides for the registration of Mohammedan marriage and divorce. The Mohammedan Marriage, Divorce and Succession Act: Chapter 156 of the Laws of Kenya of 1920 provides for amendment of laws relating to divorce and matrimonial causes in relation to Mohammedan marriages in intestate successions. All Muslim women are subject to Mohammedan law. The Sexual Offences Act of 2006: The Act provides for the definition, prevention and protection of all persons from harm from unlawful sexual acts. It addresses issues of rape, sexual assault, induced indecent acts, defilement, gang rape, promotion of sexual offences with children, child trafficking, child prostitution, child sex tourism, child pornography, exploitation of prostitution, incest, sexual harassment, and cultural and religious sexual offences, among others. The Childrens Act 2001: Protects the rights of all children and has been used to protect the rights of the girl child in Kenya. It provides for the right to parental care, right to education, right to religious education, and right to health care. It protects children from forced labour and armed conflict, all abuse, harmful cultural rites, sexual exploitation, drugs, torture and deprivation of liberty. It establishes the childrens courts and provides for judicial orders for the protection of children. It defines parental responsibility for the protection of vulnerable children. It provides for the maintenance order for children neglected by parents and guardians, and stiff penalties for abuse of children.

July-December 2009

The Sexual Offences Act 2007 explained

By Patience Nyange

wo years after the enactment of the Sexual Offences Bill, reports of sexual offences are still on the rise, and the police acknowledge that many cases go unreported especially in the rural areas. According to a recent report on Kenyas media coverage of child sexual abuse in 2004, released by Child Rights Advisory the National Assembly on May 31, Documentation and Legal Centre received the Presidential Assent on (CRADLE), a non-governmental July 14, and commenced on July organization, and CARE, 79 per 21, 2006. The passing of the Sexual cent of girls between the ages of 13 and 15 years, and 21 per cent of boys in the same age The Act was prompted by bracket, have been sexually an increase and severity abused. The report says the most common forms of abuse of sexual violence cases include defilement, sodomy, against members of society, incest, sexual assault, child pornography, defilement of especially children. mentally impaired children and child sexual exploitation, among others. Others include Offences Act elevates Kenya to early marriages and cohabitation international standards of solving with minors as a form of sexual violence representing five percent sexual violence crimes. of reported cases. The Act was prompted by an The truth is, many of us do not increase and severity of sexual understand what the Sexual violence cases against members of Offences Act is, why it was set society, especially children. Its aim is up, for whom and when it is to bring sexual offences legislation applicable. The Sexual Offences up to date with modern mores, and Act (2006) was passed by

to close loopholes in the law. The Act is a product of a fairly broad consultative process. Some of the stakeholders consulted during the development of the Act included members of parliament, the Law Reform Commission, the Juvenile Justice Network, the Law Society of Kenya and the Attorney Generals office. Previous legislations focused mainly on the protection of victims through punishment of sexual offenders and did not adopt the approach of rehabilitation or supervision of those offenders. This meant that after the punishment, many offenders could actually take advantage and repeat the same offence. But the Act provides that a court can make an order for treatment and professional counselling of a convicted sexual offender where it is satisfied that the convict is dependent or has

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propensity to misuse alcohol or any drug or is suffering from any other disorder and may benefit from treatment.

Gains of the Act

The Act is a progressive piece of legislation. It promotes gender equality and addresses gender based violence. There are various gains that the Act brings to play: First is the provision for new offences not previously covered under Kenyan law which include the rape of male persons, sexual assault, compulsion or inducement of another to engage in indecent act, defilement of male children and gang rape. Children are also protected from trafficking for sexual purposes, sex tourism, prostitution and pornography. The Act criminalises trafficking of persons for sexual exploitation, sexual harassment, sexual offences relating to persons in position of authority or trust, wilful infection of other persons with HIV or other life threatening sexually transmitted diseases and forcing a person to engage in a sexual act for cultural or religious reasons. Second, the sentences are punitive and deterrent and provide for minimum sentencing thus leaving no room for judicial officers to hide behind the veil of discretion and pass lenient sentences to sexual offenders as it was in earlier cases. Sexual activity with and among persons below the age of 18 is also criminalised. Third, the Act protects vulnerable witnesses, who are likely to be vulnerable by reason of age, intellectual or psychological or physical impairment, trauma and cultural differences. Other reasons include the possibility of intimidation,

race, religion and language, the relationship of the witness with any party to the proceedings, nature of subject matter or any other factor that the court considers relevant. This ensures that crucial evidence is obtained from the witness in a manner that preserves the dignity of that witness. Therefore, the Act reduces dependence on confirmed or supporting evidence in cases of sexual violence as far as prosecution is concerned. Fourth, the Act regulates the collection and storing of forensic evidence related to sexual offences. It criminalises intentional interference with a scene of crime or any evidence relating to the commission of a sexual offence. Interference in this case is defined to include interference with witnesses as well as acts or omissions that would hinder or obstruct investigations or materially misrepresent any evidence. It also ensures that police officers do not have room to distort evidence or terminate cases that would otherwise lead to the successful conviction of sexual offenders. The Act also empowers courts to order for supervision of dangerous sexual offenders where such person is given a custodial sentence without the option of a fine. It is at this point that we define who a dangerous sexual offender is. One is declared so if reported for more than one conviction for a sexual offence, or has been convicted of a sexual offence which was accompanied by violence or threats of violence; or has been convicted of a sexual offence against a child. The Act also requires that a convicted sexual offender discloses his/her conviction when applying for employment, which places him in a position of authority or care of children or vulnerable persons. Failure

to make such disclosure is a criminal offence. Further, the Act requires that the Registrar of the High Court maintains a register of convicted sexual offenders. Finally, one may ask, what about crimes committed by Kenyans outside Kenya? The Act confers jurisdiction on Kenyan courts over acts committed outside Kenya by citizens of Kenya or persons permanently residing in Kenya where such acts would have constituted sexual offences in Kenya. However, such offenders may not be convicted of those offences where they have been acquitted or convicted of the same offences in the country where the offence was committed. In 2006 Attorney General Amos Wako set up a task force on the implementation of the Sexual Offences Act, to oversee the application of the Act. The taskforce consists of 30 members and has clear terms of reference as set out in gazette notice number 2155 of March 16, 2007. The taskforce is chaired by Honourable Lady Justice (Rtd.) Effie Owuor who has facilitated partner support from different stakeholders including United Nations Childrens Fund (UNICEF) and United Nations Development Programme (UNDP). With this information, Kenyans are encouraged to report any forms of sexual offences to the secretariat. The secretariat is based at the offices of the Director of Public Prosecution, Block A NSSF Building, Eastern Wing, Nairobi, and public submissions can be addressed to the Joint Secretaries, Taskforce on the Implementation of the Sexual Offences Act, Sheria House, 8th Floor, Harambee Avenue, Nairobi.

July-December 2009

11

The place of Kenyan women in agenda four

By Tabitha Onyinge Three female friends were recently having a chat soon after the draft constitution of Kenya was made public. Each of them had a few issues they thought needed revision or more weight in the draft constitution. One of them posed the big question, So, how are we going to let our views known in order to be considered in the final draft? Suddenly they all went quiet, looking helpless. One of them said after a while, I didnt think our views were necessary beyond here The other added, Really, who cares about what we think? Note that the three women appeared like well-educated executives in high profile jobs. I have been thinking since that talk, how many women believe their opinions do not matter. If educated women who have tools to express their views, which are very useful, are fearful about doing so, how about women who have low education, cannot access the mass media and grapple with poor infrastructure? A Knowledge Attitude and Practice (KAP) survey conducted in six districts by the Association of Media Women in Kenya (AMWIK) shows that over 96 per cent of Kenyans are reluctant to participate in meetings or rallies discussing issues related to reforms in the country. The survey aimed at determining the information gaps on womens rights issues in Kisumu, Naivasha, Isiolo South, Wajir, Malindi and Kwale, the six districts with the most marginalised women. AMWIK is reaching these women through community radio listening groups. Womens participation in the political processes is particularly low, especially in the on-going political processes. This ought not be the case. Kenya is currently tackling key issues in Agenda Four, a unique political process that will hopefully enhance its status as a democratic nation, and improve the lives of all Kenyans. since passed, and most of the white settlers returned to their country, but the confusion created back then remains. Kenyan rulers who took over power upon independence did not attempt to correct the injustices, imbedding the anger felt towards the colonialists into the hearts of Kenyans. Conflicts due to the effects of injustices of the colonial time resurface every so often, the worst being the post-election violence of 2008. In the process of negotiating a peaceful existence, the Kenya National Dialogue and Reconciliation committee, and the team of eminent persons, led by former United Nations Secretary General, Kofi Annan, agreed that these long standing grudges be debated under Agenda Four: Long term issues and solutions. Agenda Four is therefore simply a serious and focused attempt to tackle profound and protracted issues affecting Kenyans. The other three agendas that were discussed and concluded at the time (February 2008) were: Immediate action to stop violence and restore fundamental rights and liberties Measures to address the humanitarian crisis, promote reconciliation, healing and restoration of stability; and How to resolve the political crisis.

Colonialists to blame
But what is agenda four? Once upon a time, Kenya was a free state with people of diverse ethnic origin, religion and culture living side by side in harmony. Then docked British colonialists at the Coast, and lo and behold, they saw a beautiful country, which they wanted for themselves. They immediately began grabbing land from one corner of the country to the next, and displacing locals. They demarcated the land into smaller administrative units, disrupting the peoples governance from peaceful tribal chieftains and kingdoms, to one political bloc, which they could rule easily. This action caused disharmony among the people of Kenya, resulting in tribal rivalries, untold poverty due to landlessness and inequitable distribution of resources. Years have

The third agenda ended in a powersharing agreement, seen in the current Coalition Government comprising

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the Party of National Unity (PNU) and Orange Democratic Movement (ODM).

Notable progress
Notable progress has been made in tackling issues under Agenda Four. The Constitutional Review Committee of Experts was established by Parliament in March 2009, and has recently concluded the first phase of its work and publicised a draft constitution that is currently under public scrutiny. The Interim Independent Electoral Commission (IIEC) has successfully organised registration of voters and the bielections in Shinyalu and Bamachoge constituencies, and has started the process of national voter registration. The Task Force on Police Reforms established by government has done its work and passed recommendations to the president. The Task Force on Judicial Reforms also made recommendations, which parliament is yet to pass. The Truth, Justice and Reconciliation Commission (TJRC), sworn in on August 3, is currently setting up a secretariat. Its duty includes ensuring accountability for past human rights violations, land injustices, economic crimes and corruption, and guaranteeing victims of those violations truth, justice and full reparation. The commission is however not to handle perpetrators of post-election violence. The International Criminal Court (ICC) may try key perpetrators of post-election violence. On Land Reforms, government has already prepared a comprehensive land policy, which was approved by the cabinet in June. The policy addresses critical issues such as land administration, access to land, land use planning, restitution of historical injustices, environmental degradation, conflict, unplanned proliferation of informal urban settlements, outdated legal framework, institutional framework and information management. It also addresses constitutional issues, such as the eminent domain and the police power as well as tenure systems. The Policys key priorities include: Harmonisation of land laws to ensure

Issues to be tackled under Agenda Four included:

i) Constitutional, institutional and legal reform. That is, a comprehensive constitutional review and reforming institutions such as the police force, parliament, judiciary, the executive and the civil service. ii) Land reforms were to help end economic, social, political and environmental problems in Kenya. iii) Poverty, inequity and regional imbalances were to be tackled through short, medium and long-term strategies, to end grudges and retrogression of the people. Inequality is manifested along income, regional and gender lines. iv) Unemployment, particularly among the youth was to be urgently addressed, as it lowers the dignity of the youth, resulting in destructive behaviour and retarding the countrys economic growth, prosperity and social stability. This was to be addressed through appropriate policies that open up opportunities for youth in the formal and informal sectors of the economy. v) Consolidation of national cohesion and unity was to take place through the National Ethnic and Race Relations Commission, and legislation that would fight discrimination and ensure equal opportunities for all. Government was to oversee unity-building efforts and initiatives, help coordinate joint peace and reconciliation initiatives countrywide and liaise with local peace building efforts. vi) Transparency, accountability, impunity were identified as key if any of the five goals were to be achieved.

better and more effective land administration; Repossession of public land that had hitherto been allocated to private individuals; Development of a land use master plan to guide the optimal utilisation of land resources. Besides this, the Interim Independent Boundaries Review Commission (IIBRC) started public hearings on the thorny boundaries issues in October 2009. Its work will be harmonised with provisions in the new constitution. On unemployment of the youth and reduced poverty, government has undertaken several measures such as a devolved budget to the constituencies; subsidies to the urban poor and farmers; investment in youth education and vocational training (through the implementation of the Youth Marshal Plan); the Youth Fund providing funds to enable youth invest in gainful activities. Government also launched the Kazi Kwa Vijana programme that aims at engaging youth in labour intensive activities and projects of government. A lot of work is still needed to return Kenya to a developed state that exercises equity. For instance, the issue of inequity, especially along gender lines; regional imbalances; the consolidation of national cohesion and unity; and achieving transparency and accountability, while eradicating impunity; have not been tackled. Unfortunately, such issues are the main cause of conflict in Kenya. The voices of women are needed in key political debates. May be it is time to take the advise of Mary Onyango, the Executive Director of the Kenya Breast Health Programme, seriously. She once told women based in urban areas that they are role models of their rural-based counterparts, being better exposed to the mass media, enjoying good infrastructure and most likely well informed on many issues. It is upon we women in urban areas to hold the hands of our sisters in the rural areas to improve the lot of women as a whole, she said. May be then, will womens voices begin to sound and their issues get tackled urgently.

July-December 2009

13

Engendering the Constitutional Review Process

women leaders. Kenya is currently at crossroads as public focus shifts to the constitutional review process, which is traditionally highly politicised as evident during the 2005 referendum.

By Joyce Chimbi
Unlike many rising democracies, Kenya still has a long way to go in as far as women representation in positions of leadership is concerned. Countries emerging from war like Rwanda, Liberia and Sudan have shown tremendous progress towards ensuring that the political process is engendered by expanding the political space to accommodate

The constitution being the embodiment of law; the fundamental principles that govern the political processes and structures in government, demands that all stakeholders are given equal opportunities to be heard during the review process. This is however a demand that attracts little attention in a country where despite an increase in women legislative bodies, generally women continue to be under-represented in most structures of power and decision making, according to a recently released research on gender issues in the Great

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Lakes Region of Africa. The research findings emphasize that while it is a matter of social justice that women participate in decision making structures the political terrain has unfortunately remained too hostile for women eyeing space at levels where critical political decisions are made. This scenario weakens any attempts towards engendering the constitutional review process. Womens participation and or underrepresentation remain multifaceted with no foreseeable solution. The biggest hindrance for women in accessing equal or even reasonable participation in the constitutional review process is the women themselves. They want to be heard just because they are women, says a female aspirant in the last general elections who requested anonymity. It is basically the same problem we have in electioneering periods, most women only have one agenda representation based solely on gender, a strategy that will leave us out in the cold when serious review issues get underway. James Mwasi, who works for a community-based organization, echoes her sentiments, adding that the discordance within the womens movement will do more harm than good to efforts to engender the constitutional review process. Women are not and have never been a homogenous group; it therefore remains a multi-faceted gender of urban and rural women, seeking very diverse interests as they continue to view each other with suspicion. Similarly, there are diverse women groups and Mwasi wonders how they can be represented in a manner that is beneficial to all. For instance, there are disabled women, the young women, the older women, women in marginalised regions, and even among the disabled the age disparity issue surfaces. It is a more complex matter than many realise, he expounds. And this is just the tip of the ice berg. If women really wanted to push for a more

engendered political image they would because they have the numbers. National statistics indicate that women account for 52 per cent of the adult population and 60 per cent of the voting population. Clearly women need to shift their strategies since these numbers have so far not translated into a stronger womens voice at the table of critical decision making, explains Hon. Sabina Dario Lokolong, the Speaker of Eastern Equatorial State, Southern Sudan. It is never easy but it can be done, our 25 per cent women representation in all leadership positions may have seemed very insignificant but we have more women representation than most countries including more stable democracies than Sudan, she says. The Speaker emphasises that post independence African political structures have taken a heavily masculine face entrenched in a society that is equally patriarchal in its regard of power. To her women should have the power to fight for more representation and be heard, since they have been exposed to a broader way of thinking. Womens representation is not limited to women being heard from the leadership positions they already hold. It most importantly accommodates the need for the constitutional review process to trickle down to the ordinary Kenyan woman. Therefore, the process of their participation as well as the inclusion of their views in the content of the muchanticipated constitution cannot be over emphasised. The Caucus for Women in Leadership, a network dedicated to building womens leadership, acknowledges that the position of women and their contribution to the constitutional review process has been a fundamental premise of Kenyas new democracy. The question that still begs is how gender issues would be integrated into the historical process and define the role women will play. The law is very clear on gender discrimination. A 1997 constitutional amendment included a clause prohibiting gender discrimination, but the law can only go so far. There is need for political goodwill and civil education to promote an all-inclusive, gender sensitive and comprehensive constitutional review process. This need has led to the definite Review Act (Cap 3A), which ensures that the new constitution makes clear provisions for gender equality and affirmative action. This may never be achieved if women do not actively participate in the constitution review process.

Editors Note
This article was published before the release of the harmonised draft constitution of Kenya. Find out the provisions for women in the harmonised draft in the January to June 2010 issue of Inuka!

July-December 2009

15

Kenya hosts first gender festival

By Patience Nyange and Venter Mwongera

he first Gender Festival in Kenya held in June this year, saw women of all walks of life come together to champion their rights. The festival, themed Celebrate Diversity and Promote Gender Equality, was about bursting the perception that men and women were not equal. Women victims of gender based violence and abuse stole the show during the three-day festival, with their touching testimonies.

As if that was not enough, Mercy was diagnosed with a sexually transmitted disease a year later. Her husband not only denied infecting her with the disease, but also walked out on the family, leaving Mercy with debts to pay. She ended up destitute. I reported my predicament to the Federation of Women Lawyers (FIDA) Kenya. I could not afford to contract a lawyer but FIDA tutored me on the legal process, about my rights, how to present my pleas and I made my case. I was granted a divorce and custody of our daughter, and my ex-husband was ordered to reimburse all expenses I incurred while seeking justice. He now pays for our daughters education and upkeep, Mercys triumph is evident. According to the Executive Director of the Kenya Human Rights Commission, Ms. Muthoni Wanyeki, women like Mercy suffer in the hands of abusive men because the judiciary system in Kenya acts slowly on issues affecting women. Besides that, womens development groups are under-

Mercy*, a charming, eloquent, vibrant, strong, immaculately dressed woman, who one can easily tell is educated, from the style she uses to unfold her story, has experienced a lot in the hands of her ex-husband. Listening to the woman in her mid thirties talk, makes it hard to believe she is a broken woman with a sense of unworthiness and low self-esteem, as she states. Mercy married the love of her life upon getting employed after completing college education. That was August 1997. They lived happily and even got a daughter a year after marriage. Unfortunately Mercy got retrenched in 1999 and that is when the relationship with her husband changed. He refused to feed, clothe or educate his daughter.
A student from Kenyatta University makes a presentation during the festival

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Ms. Muthoni Wanyeki

reduce greatly if diplomacy together with public education and open forums on the dangers of domestic violence are increased. Dr. Willy Mutunga, Eastern Africa Representative of the Ford Foundation, which is actively involved in advocating for womens equal treatment and representation in civil committees, believes women and men need to be involved in campaigns to end gender based violence. He advocates for equitable sharing of clearly set roles, especially in marriages, as a way to end conflict between men and women. Commenting on the post election violence, Nyaundi urges government to put measures that would boost healing and reconciliation. The wounds of the 2007-2008 post election violence are healing with scabs. God forbid that something should scratch those scabs and they begin to bleed again. We should desist from clichs and acknowledge the real problems and tackle them effectively, Nyaundi says. She is sad that some people have not received restitution for the trauma suffered during the chaos. Nyaundi also wants the government to deliver a new constitution, and effect the recommendations by the Justice Phillip Waki led commission. It is better to deal with such things when the situation is relatively calm, she said at the festival, adding that postponing critical issues could mean more harm should a similar incident occur again. She also challenged the government to entrench affirmative action for youth and marginalised groups, most of who continue to suffer in silence with no one to champion their rights. Participants noted that the festival was a great idea, as it provided an environment where people of different genders can discuss matters affecting them and find solutions. The main aim of us meeting here is to create an environment where we can reflect on issues affecting us as women and the country at large, a participant commented. *Not real names of the featured people.

Participants visit the AMWIK stand during the three day gender festival in Nairobi.

funded, something that makes it hard for women to financially empower themselves when their spouses start to change their attitudes. These are some of the situations that accelerate the vulnerability of women making their male partners mistreat them. And that is why I believe government can uplift their status by coming up with good strategies to empower womens livelihoods, she says. The Executive Director of the Federation of Women Lawyers (FIDA) Kenya, Patricia Nyaundi, believes men who mistreat the women in their lives are not wise no gender is superior to the other, and men and women should respect each other and their respective roles in the family, he says. Hellens* experience is not different from Mercys. She married Michael*, a university contemporary, in 1994, after six years of courting. After four years of marriage, the couple agreed that Hellen should stay at home to raise their two children as Michael worked to provide for the familys needs. This changed two years later as the couple was putting up a family home in Ongata Rongai where they had bought land. One day he went to supervise work on our house and did not return home. He came back the next morning acting rude and arrogant to our children and I. Our lives became worse from that day until the day he came home and sneaked off with our son. He later told me on phone that he was no longer in love with me and had taken our son with him to his girlfriends house. I was devastated, Hellen narrates. She visited FIDA in 2003 and was

couched on how to argue her case in court. The presiding judge ruled the case in Hellens favour. She was given custody of the children, who are now in school, and their father pays for their up keep. FIDA helped me get good counsellors for my children who were too depressed and gloomy to move on with their lives. They are now well. Nyaundi says a case like Mercys is that of lack of respect by a spouse, in this case Mercys husband, for the roles played by ones partner. Such an attitude gets carried forward to younger generations if not corrected as soon as it is identified. Leadership starts from home and parents must be conscious of their behaviour as this is what their children mimic, says Nyaundi. She is quick to clarify that the mandate of FIDA is not to cause mayhem in families as is misconstrued; but to improve the legal status of women, by increasing their access to justice and enhancing their public awareness on womens rights issues. We are committed to creating a society that is free of all forms of injustices and discrimination against women. We all saw and heard voices from the universities, informal settlements and representatives from neighbouring countries, calling on us all to respect humanity, especially women, who are the mothers of all nations, she says of the overall theme of the festivities marked in Nairobis Railways Club. Leaders from different organisations regretted that cases of domestic violence are still on the increase even as they reflected on their struggles, celebrated their successes and charted ways forward with regard to womens empowerment. Family conflicts will

July-December 2009

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Gender Based Violence

Although I have lost my hands and my body is full of scars, I do not begrudge anybody. God will reward all of us according to our actions. Yes, my husbands case was ruled in March 2009 and he was sentenced to a 20 year jail term, the law has to be followed.
By Venter Nkatha

We Must Say NO to

Sometimes I wish I were dead. Being fed, washed and dressed like a small baby is the last thing I expected in this life, begins Linet Wanja. Born in Ntuntuni village, Karingani location in Meru South District, Wanja is a survivor of gender based violence. September 19, 2007 is a day I will never forget. It was like a soap opera, Wanja narrates amid tears. According to the mother of two, her husband, 28-year-old Ayub Gikunda, had never been violent before that night. We had shared our house responsibilities. While I settled for farming activities to provide our family with food, Gikunda worked in other peoples plantations and brought me his wages to buy other necessities in the house, Wanja says. On that fateful night, her husband came home at about 3am and asked her to open the door. He immediately landed on her

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with a panga, chopping off her hands. Within ten minutes I had numerous cuts on my body. People could see my teeth through my chin which my husband had slit open with the panga, she says. Although I have lost my hands and my body is full of scars, I do not begrudge anybody. God will reward all of us according to our actions. Yes, my husbands case was concluded in March this year and he was sentenced to a 20-year jail term. The law has to be followed, Wanja says. Today, Wanjas children live at the Nkabune Catholic Childrens Home since she cannot fend for them. Her parents are both deceased and Gikundas parents have never followed up to find out what happened to Wanja after the incident. All that she owned was left at her matrimonial home. Nonetheless she has received support from the Maua Methodist Hospital and the area Maendeleo ya Wanawake chairperson, Rahab Wambui, who tirelessly followed her case until she got artificial hands. Although I am physically impaired, my brain is working and with help from well wishers, I can open a shop and run it. I will be able then to meet some of my needs without necessarily waiting upon help from people, Wanja says. Elsewhere, Alice Nkatha Ntongai, in her early 60s, has seen a lot. Since my husband died in 2003, I have gone through hell. My male relatives took all that we acquired together with my late husband. The fingers of my left hand got paralysed in 2004 when one of my brothers-in-law tried to chop my head off. Nkatha, a mother of six teenage children, says amid tears that she thanks God for saving her life. My inlaws have attempted to kill me a number of times. They scorn me

and spit on my face saying that most of my children are girls and girls should not use their fathers wealth anyhow because they are useless. In Igembe District, Phiris Gacheri, fell prey to gender based violence in 1989, only a year after her husband, Jacob Muithalii, passed away. It was a cold January morning when my brothers-in-law threw me out of my matrimonial house. They took all my property. With my two children, I sought refuge at my parents house. Our stay was however short lived. Two weeks later my parents kicked me out. Gacheri, 42, secured a rental house soon after. She also ran a salon business. Because I am a woman, my landlord warned me that I had to pay my house rent quarterly unlike other tenants. I was desperate and took the house key. She was however in for shock as the landlord

constantly insulted her for rejecting his sexual advances. One time he locked the rental house with all her property in it and left. The Universal Declaration of Human Rights states that no state, group or person has any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms of another person. With the death of a husband, the woman and her children especially girls are often mentally, physically and emotionally tortured by men notes Mr. Henry Kainga, a Meru Village elder. Kainga says that human suffering is the order of the day in the area and many women suffer because they are left with no means to sustain themselves. To him empowering the women financially is a good starting point. According to Kainga, If society can join hands and put an end to the suffering of our women by pressing for harsh judgment on perpetrators of violence, then a new era of women liberation will begin.

July-December 2009

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Fighting for equitable rights to own property

ary Waithera had been married in Muranga for six years before her husband succumbed to a disease, she refuses to disclose, after months of agony. The hardworking couple had hoped for a bright future together, having acquired lots of wealth and secured the future of their two sons. As soon as her husband died however, Waitheras in-laws sold the house the couple had built and lived in for years. They also distributed all the furniture between them.

M
I

By Venter Mwongera Although a sympathiser erected a shed for her and her children, Waithera cannot help comparing her present life with that she lived in the past. Now I share cold nights with other homeless people in the streets, she sobs weakly. Her children are equally tormented. We did not believe such a thing could happen to us. Most shocking was my grandmothers actions, given I had looked up to her as a loving and caring person, explains Martin Mwangi, Waitheras eldest son.

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Many women in Kenya undergo such tormenting incidences at the hands of close relatives. This is because most communities do not allow women to inherit their matrimonial land after divorce or the death of a spouse. The widows and their children end up suffering because women in most Kenyan communities are not entitled to ancestral inheritance either. Laws of some ethnic groups state that land or property a woman acquires before or during marriage belongs to her husband, who can dispose of it without her consent. According to a Muranga village elder, Mzee Njagi Gaita, commercialisation of dowry has made women to be seen as a commodity that has no rights to own, inherit, manage or buy land. He regrets that in his Kikuyu culture women cannot be trusted with land or any property, and so they cannot be allowed ownership. Men dominate property ownership and any woman who attempts to acquire anything is seen as having low morals, explains Mzee Njagi. He is however quick to admit that the retrogressive culture has been overtaken by events and women in modern times are overtaking their male counterparts in terms of property ownership, for example the Kikuyu community. Joseph Kamau, a Law student at the University of Nairobi, says customary law is fluid and prone to subjective interpretation. Women own less than five per cent of land in Kenya yet they provide the bulk of the workforce in agriculture, and are the main managers of family land for subsistence farming. Only a small percentage of women can access credit since the majority do not have property registered in their names. According to Pastor Josphat Ole Mantash of Kajiado Central District, Maasai women are subordinate to men and exist only to carry out household chores while men are responsible for land ownership. He adds that the situation worsens when a husband dies or divorces his wife. If the woman had no child, the parcel of land is reclaimed by the husbands family and the widow kicked out to seek suitors from outside to remarry her. If she had children, her eldest son holds the mantle and has authority over the property. He says this retrogressive culture has left thousands of Maasai women poor and vulnerable to HIV/AIDS. When land was distributed by the government of Kenya, many indigenous Maasai natives did not know the importance of land and fell prey of enlightened communities who flocked their areas to buy land. Women were kept at bay in the discussions and since then, the land has no print of a woman, he explains. The Akamba community is no different, as an elderly unmarried woman in her late 70s, Ann Mbithe, states. No Akamba woman I know of has a right to own and inherit land, says Mbithe who is a good example of this sorry state. She relies on food donations from well wishers as

she has lived most of her life as a destitute, having been denied a chance to inherit her late fathers property. A womans rights are weighed against her responsibility to nurture children, while sons are given priority over daughters when fathers are distributing land, she says. The inequality between sexes in the community has not only fuelled the economic hardships experienced in the famine ravaged Ukambani area as women have little say on land matters, but also the unequal land rights have caused family and society conflict. There is a direct relationship between land rights and violence in the Akamba community, asserts Mary Mueni, a journalist in Nairobi. This inequality among the different communities may also have a common reason, Mzee Njagi says. One being that parents expect their daughters to get a chunk of their husbands land and wealth and therefore do not allot them any ancestral property. On the other hand, sistersin-law are subconsciously viewed as non-members of the community in which they are married. Local womens lobby groups have for years advocated for affirmative action in favour of women, and new land legislation that recognise equal rights to land ownership. Njoki Njehu, the Executive Director of Daughters of Mumbi Global Resource Centre, says many women are vulnerable to retrogressive cultures because they are too dependent on men. We need to discard social norms and practices that stand in the way of equal rights to acquire land and other properties. She adds that womens lives can be enhanced if they get empowered with the right information to enable them participate actively in decision-making on matters of land and property ownership. Edna Wambui, a media resource centre manager in Nairobi, is glad modern women are changing the discriminatory trend by purchasing land and other properties. The birth of the monetary economy and modernisation fuelled by land scarcity, the ever growing population and now independent women, has made women to start purchasing large pieces of land for development, edging out men, she says. However, the land market is picking up at a considerable pace and at times men are given undue preference when a parcel is under contest. Mbithe believes a step towards reducing the inequality in terms of property ownership is to encourage men to leave an inheritance for their daughters as well. They have a right to own a piece of land however small, she says. Other people, like Jane Nkanata, a worshiper at Mavuno Church in Nairobis South C Estate, believe religion should play a role in reducing the discrepancy in property ownership. Christianity has for ages treated women more or less as equal to men but not advocated for equal property rights, she says. This is contrary to the Islamic religion where women are treated as inferior to men, yet men are commanded to leave their daughters and wives an inheritance.

July-December 2009

21

Curtain Falling On Archaic Practice

By Yvonne Otieno For a long time, there was a gap between our ideas and those of the Njuri Ncheke, the Meru council of elders. But today we have found some common ground, says 33-year-old Nick Mbijiwe, the youth chairman of Imenti North Constituency. He is at Kinoru in Meru where the Njuri Ncheke has publicly declared that they have abandoned the practice of female genital mutilation (FGM). How many men here want to marry a woman who has undergone the cut? Mbijiwe asks the crowd consisting of government ministers and officials, the Njuri Ncheke, members of civil society and the public. No hands go up. Our community has held the belief that a girl is only ready for marriage if circumcised. But we men know that we seek sexual satisfaction elsewhere since our circumcised women dont enjoy sex, he says later during an interview. I am glad that today the youth and the older generation agree that female circumcision is bad. This function is highly charged. Important men in the community are talking publicly about issues that have previously been viewed as deep bedroom secrets. We have realised that circumcision does more harm than good to our girls, Phares Rutere, the secretary general of the Njuri Ncheke is saying at the podium. Bernard Gituma, a member of the Meru Council of Elders, reinforces Ruteres sentiments later. Most of our daughters who did not get circumcised have an education, some up to university level, and are happily

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married. But those who went through it got into early marriage and their lives are stunted. Female circumcision is illegal in Kenya. Besides, section 14 of The Childrens Act 2001, decrees that no one has the right to harm a girl child in any way, yet many communities still do so through forced FGM. Communities that practice FGM do so during infancy, adolescence or during a womans first pregnancy, the most common being on girls between four and 12 years. Why does it matter what the Njuri Ncheke say about FGM? What difference does it make to the community? The Njuri Ncheke or Meru Council of Elders, are very influential on matters affecting the community. In pre-colonial Kenya, this group was considered the national government of the Meru community. Membership to the Njuri Ncheke is the highest social status a man from the community can attain. Such a man must be of a mature age, married and of demonstrable fruitfulness. Above all, he must be rich enough to afford the membership fees, which is usually in the form of animals. According to a 1974 paper, Meru stages of Life, the functions of the Njuri-Ncheke were to make and execute tribal laws, listen to and settle disputes, and pass on tribal knowledge and rites across generations in their role as custodians of traditional culture. Their roles and decisions are still highly revered by the Meru community. When I was growing up, someone would point at a home, which seemed to be begrudged with misfortune and say, Wale waliriiga mburi, Mbijiwe explains that this means members of the homestead went through cultural cleansing and were found guilty of a certain offence. Subsequently the Njuri Ncheke pronounced a curse on them. The accused would be obligated to walk around whipping a goat to death. It is believed the effect of the blood

sputtering from the goat would cause harm if the accused were guilty. That is how powerful the council of elders was. This translated to modern times when they are deemed to wield the same power, and Mbijiwe knows that whereas the declaration may not have any legal authority, the fear of defying and therefore being cursed by the Njuri Ncheke may influence a degree of change in the community. I seek to find out from a member of the community present at the function. I am happy they have made this declaration. Njuri Ncheke wakisema, haitafanyika, haitafanyika (If the Njuri Ncheke say no to FGM, it wont happen. Whoever does it will be cursed! says 53-year-old Mercy Nkaba who regrets her past. I didnt want to get circumcised but was forced to. I was 20-years-old then and couldnt run away because there was nowhere to go. It is the worst thing I have ever experienced, she adds with a pained look in her eyes. She has come to learn that the practice was shrouded in a lot of falsehood. For instance, she feared remaining barren or worse, never getting married for defying FGM. My daughters never underwent FGM, yet they are married and have children. The declaration by the elders marks a notable shift in this community where gender roles are clearly defined and circumcision considered an important right of passage for both boys and girls. Uncircumcised men and women of age were considered mere children, who could neither reproduce nor partake of functions that affected the community. Circumcision was held highly by society such that a man had to stop having sexual relations with the mother of a child as soon as he or she got circumcised. The mother would then be bound by oath not to have any more children. The reason for this was that it was believed that there would have occurred misfortunes if a mother continued bearing children

while the son or daughter was doing the same. Such were the layers of practices the crowd gathered at Kinoru knew they would have to review as the Njuri Ncheke publicly stopped FGM on that Saturday. Whether the review will be done publicly or privately, only time will tell. The Minister for Gender, Children and Social Development, Hon. Esther Murugi, who received the declaration from the Njuri Ncheke said it is unfortunate 37 communities in Kenya still practice FGM ten years after the government banned it. It is deplorable that these communities practice FGM despite often tragic results of many women bleeding to death, she says. Some now carry it out secretly at home, even by trained medical professionals. The Ministry of Gender Children and Social Development, UNICEF, Civil Societies and the Njuri Ncheke have been involved in consultations after a 2008 study identified effective approaches, alternative rights of passage and intergenerational dialogues as social change mechanisms, particularly in relation to addressing FGM. These consultations have ended triumphantly, with the signed declaration. But this is not the first time the Njuri Ncheke is declaring a public condemnation of FGM. They first did so in 1956, when their strategy of taming women from promiscuity when men went to war, was no longer necessary as the war had ended. For a second time that Saturday, the elders reminded the community that the practice is no longer cultural. Hopefully other FGM practicing communities will follow suit. Government, non-governmental organisations (NGOs) and civil society should band together, like the Ameru did, and include cultural leaders in educating and influencing their communities to adopt humane rights of passage.

July-December 2009

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Campaigns FGM FACT FILE AMWIK FGM Against

What is FGM?
FGM or female genital cutting (FGC) or female circumcision refers to procedures that intentionally alter or injure female genital organs for non-medical reasons. Communities that practice FGM value it highly. It is a rite of passage marking the transition from childhood to womanhood. The accompanying ceremonies are intended to impart skills and information a woman needs to fulfill her duties as a wife and mother. Certain communities carry out FGM for religious reasons, believing that their faith requires it. Other communities consider FGM as a way of making women more hygienic and aesthetically pleasing. Some believe the practice increases a womans fertility and her childrens survival. Some families of girls or women who undergo FGM support it because they believe it makes their daughters marriageable - the operation ensures that their daughters will have ready suitors and a satisfactory bride price. Regrettably no eligible man from such communities would consider marrying a girl who has not undergone the procedure.
The Association of Media Women in Kenya (AMWIK), with the support of the Italian Association for Women in Development (AIDOS) and United Nations Childrens Fund (UNICEF), has in the past implemented a programme targeting promotion of abandonment of FGM. In the project, whose theme was, Working Towards a Global Movement of Abandonment of FGM/C in One Generation, AMWIK worked with communities in Northen Kenya, that is, Wajir, Isiolo, Garissa and Moyale. AMWIK used community radio listening groups where participants assemble to listen to and discuss pre-recorded messages. The messages were recorded in the ethnic languages of Kisomali and Kiborana for Garissa and Moyale respectively. This resulted in an open discussion of FGM by the community, which then came up with a slogan Inkutine, which means, do not cut, do not touch the vagina. This is quite in an achievement in a community where discussion of sexual matters is considered taboo. Despite the challenges faced in implementing the project, lessons learned include the realisation that communities have the capacity to be change agents if empowered and sensitised on issues that affect them, as they use locally acceptable communication and media strategies such as music, dance and folklore. There is also need for door to door awareness creation among communities practising FGM/C as many have not been adequately reached and still practice harmful cultural practice without any knowledge of the harmful effects on the very existence of society. The Association of Media Women in Kenya (AMWIK) has been involved in various awareness creation programmes on FGM since 2004. In 2009 AMWIK in collaboration with UNICEF held a caravan campaign reaching communities in rural parts of Garissa with messages promoting the abandonment of FGM. The facilitators on camel held radio listening sessions in areas that could not easily be reached by motor vehicles. Similarly during the sixteen days of activism, AMWIK had live radio discussion programmes on Star FM on the subject, including FGM/C and Religion and culture, Child rights, stigma, among others. AMWIK targeted the Somali community whose prevalence remains high at 97 per cent in comparison to the national prevalence of 27 per cent.

Effects of FGM
Despite the different reasons for FGM, the practice has no medical benefit to women. It is internationally recognised as a violation of the human rights of girls and women. Health effects include severe bleeding and problems urinating, and later, infertility, potential childbirth complications and newborn deaths.

Can we stop FGM?

Yes we can. Different communities are now realising the dangers of FGM and accepting alternative rites of passage. The aim is to replace the cutting ceremony with training on empowerment and health and human rights.

Legal protection against FGM in Kenya

The government of Kenya has committed itself to various global, regional human rights instruments such as Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), International Convention on the Rights of the Child (CRC), Beijing Platform for Action (BPFA) and the International Conference on Population and Development (ICPD), among others. This has translated into specific legislation and policies such as The Childrens Act 2001, the National Reproductive Health Policy 2007 and The Constitution of Kenya, which seek to safeguard rights of the people of Kenya.

Traditional circumcisers say no to FGM

By Margaret Nyambura Mwangi Many mothers in Meru District have in the past feared that their daughters will not fulfill the criteria for marriage or gain full acceptance in the community if not circumcised. Indeed, supporters of Female Genital Mutilation (FGM) often cite the fact that it is a long-held social norm. But such attitudes are changing. On July 24, this year, the Njuri Ncheke Council of Elders publicly pledged to abandon FGM, saying the practice had no cultural value to the Meru people.

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Minister for Gender, Children and Social Development, Hon. Esther Murugi, reads the signed anti-FGM declaration from the Njuri Ncheke

This took place at a public forum held at the Kinoru Stadium in Meru town. The declaration was read out by the Councils Spiritual Leader, Rev. Mugambi and enforced by the Njuri Ncheke anthem. Njuri Ncheke officials, Phares Rutere and the patron Dr. K K Mugambi handed over the signed declaration to the Minister for Gender, Children and Social Development, Hon. Esther Murugi, and Permanent Secretary (PS), Dr. James Nyikal. Njuri Ncheke has also been concerned by the commercialisation of FGM, with practitioners charging as much as Kshs.12000, based on the age of the client. The council felt it was time to take action and work with the rest of the community to put an end to this harmful practice.

living with the consequences of FGM worldwide. An estimated 92 million girls in Africa, aged 10 and over, have undergone some form of genital cutting.

Changed attitudes
Female circumcisers in Meru District publicly abandoned the trade following the Njuri Ncheke declaration and vowed to support the council of elders and the community in its fight against FGM. Florence Kagondi is a former circumciser who quit the trade after realising its side effects on girls and women who were forcibly circumcised. The 47-year-old regrets having been in this trade. Kagondi has witnessed many of her victims suffer health issues directly linked to the female cut. Others, she says, suffer physiologically and do not enjoy sex or their marriages and live in denial. Kagondi, who has undergone FGM, is separated from her husband. She charged her clients as little as Kshs.100 for the procedure. A girl who has been circumcised stays in the circumcisers home for four days being fed porridge and yams. The girls are not allowed to bathe during recovery. Later the mothers of the recuperating girls bring women to nurse them on a diet rich in meat and black beans. This lasts a month before they can go back to their homes having been initiated into adulthood. Monicah Mwari, a former circumciser, has also chosen to abandon this harmful practice. Mwari who is 65-yearsold does not regret abandoning the trade. She says, If the Njuri Ncheke council of elders, the government and the Meru community is against this trade; who am I to go against them? Mwari learnt about the side effects of FGM from traumatising testimonies of survivors, religious and political leaders from the district who have been lobbying against FGM. Hon. Murugi points out the importance of understanding the root causes of FGM. Where is the demand coming from? she asks. It is coming from men. If there were no demand, there would not have been any supply. We have to outlaw that demand. Men should be adamant and refuse to marry those who undergo this ritual. By doing this the practice will slowly die out. She urges society to support former circumcisers in their bid to lead clean lives after abandoning their trade. Help them start small businesses to earn their living. They are heroes, she declares.

FGM Prevalence
Twenty-eight out of 53 countries in Africa practice FGM. Egypt has the highest prevalence at 97 per cent, followed by Mali at 92 per cent, and Ethiopia with 80 per cent. Others are Burkina Faso at 77 per cent, Sudan at 50 per cent and Chad at 45 per cent. In Kenya FGM is practiced by all except five communities, namely the Pokomo, the Teso, the Luo, some Luhya communities, and the Turkana. The 2003 Kenya Demographic and Health Survey (KDHS) shows that FGM varies across ethnic groups. It is almost universal among the Somali at 97 per cent, the Kisii at 96 per cent, Massai at 93 per cent, and the Taita at 62 per cent. Others are the Kalenjin at 48 per cent; the Meru at 42 per cent and the Kikuyu at 34 per cent. Christians and Muslims practice FGM. The predominant cultural belief is that circumcision is an essential pre-condition of marriage and motherhood. An uncircumcised female cannot be recognised as a woman in many communities. Some feel that circumcision is a safeguard against promiscuity. Another common belief is that uncircumcised women tend to be inept at carrying out common household duties. According to the World Health Organization (WHO), women who have undergone FGM are more likely to suffer infertility, develop vaginal cysts and have recurrent bladder and urinary tract infections. FGM also increases the risk of childbirth complications and newborn deaths. It has no proven health benefits. Between 100 and 140 million girls and women are

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A right to beget in dignity

By Pascaline Wambugu womans reproductive health should probably be the most important and sensitive area addressed by the medical profession, as it is the one area that defines her as a life giver and nurturer. It is therefore puzzling that women, especially poor uneducated women, are denied this essential basic health need. Most of them are not able to access proper reproductive health facilities and services. This is because most African countries, including Kenya, are struggling to achieve Millennium

areas. They claim that the healthcare providers are not only negligent, but also verbally and physically abusive when they go for the important services. Anne Margaret of Soweto, Kayole, describes how fellow patients at Pumwani Maternity Hospital helped her deliver her baby in the absence of either a midwife or a doctor. The doctor was attending to a patient who was bleeding heavily, and there was no midwife or nurse in sight. But I guess the delivery was too late, as my baby did not cry. A nurse took him

Giving birth in these hospitals is like signing a death certificate, yet we have no options,
Development Goal (MDG) five, which aims at reducing maternal mortality ratio by three quarters; and ensuring universal access to reproductive health, by 2015. Marginalised regions and informal settlements have the least reproductive health facilities and services, and as a result, the areas are teeming with illegal healthcare providers and facilities. At the same time, women claim to be receiving poor service in the few government owned health facilities in those away and returned an hour later to tell me he had died. I was distraught. Margaret resolved never to go to any government health institution after that incident. I now have two boys who I have delivered upcountry with the help of midwives. I go to them when I am due because they are humane, she says. A midwife at the hospital, who requests for anonymity, says deaths of infants and even mothers, resulting from negligence are rampant due to understaffing and inadequate

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supply of medical stock. Workers are demoralised as a result because their professionalism is compromised by the conditions they work in. Society views us as murderers yet we try our best under the circumstances, she says wearily. Mothers in these hospitals also share soiled beds and even razor blades used to cut umbilical chords after birth. Infections are therefore rampant under such unhygienic conditions. There are instances where mothers and their babies have been detained in hospital over non-payment of bills. Other government run maternity facilities in marginalised areas mirror Pumwani Hospital. Patients are ordered to buy their own medical supplies like disinfectant and anaesthetic drugs. Sometimes a mother has to wait overnight to be stitched up after delivery. Giving birth in these hospitals is like signing a death certificate, yet we have no options, says Janette, a 20-year-old mother of one, from Korogocho. She narrates how she begged for help at city hospitals maternity wing, whilst clutching her baby between her legs. The doctor warned me that my experience was just the beginning of many similar ones girls who get pregnant early go through. He was calling it a lesson for rushed motherhood. According to the United Stated Agency for International Development (USAID), approximately 14,700 women and girls die each year due to pregnancy-related complications. Another 294,000 to 441,000 women and girls will suffer from disabilities such as fistula, caused by complications during pregnancy and childbirth each year. These findings are supported by a 2003 Kenya Demographic Health Survey, which put maternal mortality rate (MMR) in Kenya at 414 deaths per 100,000 live births, far in excess of the Millenium Development Goal (MDG) target of 147 deaths per every 100,000 live births by the year 2015. Kenya has pledged to protect the right to life of its citizens in its

constitution. It is also bound by international and regional conventions of human rights, among them The African Charter, which pledges the best attainable standard of physical and mental health for all citizens, as well as the right to dignity. The World Health Organization (WHO) Declaration on Patients Rights states that patients have the right to access their medical files and technical records and any other files and records pertaining to their diagnosis, treatment and care, and to receive a copy of their own files and records or parts thereof. This too rarely happens in these hospitals. Women must know they have a right to have family, and no health official or any other person, can degrade this verbally or physically. A woman who is denied access to medical services and information is a woman whose rights have been infringed on, and with evidence, such cases can be legally redressed, says Dr. John Ongech, an obstetric gynaecologist in Nairobi. The other challenge Kenyan women face regularly is scarcity of contraceptives. A Kenya Demographic

Health Survey of 2003 revealed that 24 per cent of women who are not ready to have another child are not using a contraceptive because they cannot afford it, or due to unavailability and/or ignorance. Women have a right to access family planning information and services, yet these often become scarce in the country. For instance, there has been an acute shortage of various birth control methods in private and government health institutions, following the 2007 and 2008 post election violence. I use the DepoProvera injection, but I often miss the service in between clinic visits due to scarcity, and have to keep checking, says Angeline, a mother of two from Makadara estate. If Kenya is to achieve the MDG five on maternal health, government has to construct more reproductive health institutions, staff them adequately and stock them up well with all the necessary medical supplies. On top of that, healthcare officials ought to educate women on their reproductive health rights, including adequate knowledge on, and availability of family planning services.

Fallopian Tube

Wall of the Uterus

Bladder Cervix Rectum Vagina Wall of Vagina urethra

Anus

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An ignored right of women?

By Tabitha Onyinge The Kenyan rich give birth to fewer children in their life time (fertility rate) now than they did nearly ten years ago, while the opposite is true for the poor, participants of the first International Conference on Family Planning, held recently in Uganda, heard. The countrys fertility rate stands at 4.5; with that of the poor being 6.9 while the fertility rate of the rich is now 3.1. The difference in fertility rates between the poor and the rich, according to Ian Askew of the Population Council in Nairobi, is attributed to the fact that the Kenyan poor are the least able to access information and services for family planning (FP) and maternal, infant and child health. He said this in his presentation titled, Stalled Fertility Transition and Family Planning in Kenya. According to Askew, fertility is high among Kenyan poor because government funded institutions, which are the main source of affordable family planning services for most poor people, continuously experience a shortage of contraceptives. Besides that, emerging issues like HIV/AIDS management and a turbulent political environment have caused the government to put family planning issues aside. For instance, the vision 2030 does not say anything about

FAMILY PLANNING
this very important issue despite it forming one of the Millennium Development Goals (MDGs). This is despite the fact that Kenya was one of the first countries in sub-Saharan Africa to develop a national population policy. That was in 1968. On whose shoulders should FP responsibility fall? Have you ever thought about how the size of your family is likely to impact on climate change, or why your spouse, relatives, culture or religion dictates on whether or not you can plan your family, or what methods you can use to do so? Reproductive health experts in the Uganda conference said FP plays a major role in all sectors of societys development, and impacts on all the above-mentioned areas, and more. FP is also important for sexual health and well-being and remains the most cost-effective public health intervention to lower rates of maternal and infant mortality. That is why learning that government no longer prioritises FP interventions is worrying.

women from using modern contraceptives for FP. They account for up to 40 per cent of the reasons given by women who do not use any FP method. A study conducted by Family Health International (FHI) in Ijara District in North Eastern Province (NEP), shows that the Islamic religion and Somali cultural practices determine acceptability of contraceptives among the people. The contraceptive prevalence rate in NEP is less than 1 per cent. According to Fatuma Iman, one of the key researchers at the organisation, FP interventions are often shrouded in harmful rumours because of lack of open discussion about sexuality in the society. Also, because contraceptives are primarily targeted at women, men tend to be less supportive of their wives in that course. Health

Culture hindrance
At the same time, certain sociocultural and religious beliefs and practices were found to hinder

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service providers do not proactively reach out to marginalised groups like widows, sex workers and adolescents to facilitate their access to FP because these are groups not expected to be sexually active according to religion and traditions. There is an underlying fear that FP goes against Gods plan as it tries to stop couples from having children. Women fear being regarded as infertile if they have only 2 or 3 children, as children are highly valued in society for status and to form the workforce. They therefore have high numbers of children to keep their husbands from polygamy. Early marriage is also hindering effective application of contraceptives, Fatuma says. Because of these challenges, the total fertility rate in NEP is 8.1, which is one of the highest in Kenya. FHI therefore introduced the natural method of FP through the Standard Days Method (SDM) in 2008, hoping to overcome the social, cultural and religious barriers to FP use among the people of Ijara. SDM means that couples abstain from sexual intercourse on days 8 through 19 of the womans menstrual cycle. It works for women with menstrual cycles from 26 to 32 days long. SDM was developed by the Institute for Reproductive Health at Georgetown University, and is reportedly 95 per

There is an underlying fear that FP goes against Gods plan as it tries to stop couples from having children.
cent effective when used correctly. The women of Ijara were given cycle beads, a colour-coded string of beads, which enables them track their cycle. At the end of the study, SDM was acceptable among the people of Ijara. Before the pilot, religious leaders from Ijara District were educated on the method and the concept of healthy birth spacing, and they in turn sensitised the community on the method, Fatuma says, emphasising the importance of including key community leaders in such interventions. SDM gained popularity among the community because it does not affect women health, it is acceptable to their religious and cultural beliefs and does not have side effects. By offering a FP method that is socially and culturally acceptable, women who otherwise would not use any method or are likely to discontinue FP use now have an option for limiting or spacing birth, Fatuma observes. Feven Tassew, a researcher at Care International in Ethiopia, suggests the following as key to increasing FP use among populations that may be facing various barriers: One, FP interventions must include men, youth, people living HIV/AIDS, and single men and women. Two, elders, religious leaders and traditional healers must be included in FP discussions and, wherever possible, be encouraged to challenge their communities. Three, other sectors such as agriculture should promote FP to address the economic burden of big families. Four, community-based institutions such as savings groups or womens associations should be included in reflections on community norms of FP utilisation. Five, community reproductive health volunteers need training beyond knowledge of FP methods on how to address social barriers to access; and finally, radio or other media could be used to challenge communities on social determinants.

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Reducing Maternal Deaths In Tanzania

By Trizah Mwanyika Tanzania is one of the countries that adopted the eight Millennium Development Goals (MDGs), one of which requires the nation to reduce maternal deaths by 75 per cent by 2015. In numbers, this goal targets to reduce maternal deaths from 8,000 to 2,000 per annum. According to the Tanzania Demographic and Health Survey (TDHS) of 2004/2005, more than 8,000 maternal deaths occur in the country every year. This translates to at least one woman dying every hour due to complications associated with childbirth. Harmful traditional practices such as Female Genital Mutilation (FGM), lack of transport network in some parts of the country, and lack of emergency obstetric care in most health facilities are some of the factors that contribute to the high rate of maternal deaths in the country. Negligence by health care providers, especially nurses and midwives, is however the leading cause of maternal deaths. It is now feared that the MDGs on maternal health may not be achievable if negligence by health care personnel is not addressed urgently. I nearly lost my life soon after giving birth to my last born in 2005, as the midwife on duty forgot to give me an injection to prevent heavy bleeding despite it being prescribed, says Anna Mnyari of Msasani in Dar-es-Salaam. Tausi Ndembo of Kimara Suka lost her daughter in one of Dar-es-Salaams municipal hospitals in April this year due to what she believes was prolonged labour in the ward. My daughter was taken for an operation five days after admission, by which time she could not make it. Her twin boys survived, she says. A weekly Gender Development Seminar organised by the Tanzania Gender Networking Programme (TGNP) recently heard that some nurses and midwives were arrogant to expectant mothers and did not assist them as required

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during delivery. Some participants attributed this attitude to lack of adequate training, which leads to lack of enthusiasm for work. Such nurses and midwives have animosity, maybe because their working environment is not conducive, or because of pay that is lower than their output, explained a participant at the seminar. Nurses and midwives are supposed to work on shifts of eight hours a day, but most of them do more hours with no extra compensation because of understaffing. A midwife at the Mwananyamala Hospital confirms this, adding that she earns Tshs.283 000 monthly (about Kshs.15 000). But retired nurse, Joyce Japheth, has problems with the attitude of her younger colleagues. I cannot understand why nurses behave like this today. We were paid very little during our days, and we delivered the services according to the required standards. A study on the challenges health providers face while providing quality delivery services in hospitals, released this year by TGNP and its associates quotes a woman from Ruvuma whose daughter delivered unassisted while in the hospital bed as the nurse on duty watched from a distance. My daughter said the nurse was very arrogant and insulted her throughout the delivery. The report shows that this unprofessional attitude by nurses is bordering on criminal activity, where some patients claim the nurses demand bribes in order to give them good care. Women who do not give money are poorly treated, some even delivering on the floor of the hospital ward. The Secretary General of the Tanzania Midwives Association (TAMA), Agnes Mtawa, however associates the socalled negligence to a serious shortage of nurses. She says midwifery rules require that two nurses handle one expectant mother, but at the moment two nurses are handling an average of 70 to 80 expectant women, especially in municipal hospitals in Tanzania. This ratio is overwhelming! Mtawa says. Tanzania has 21,000 registered nurses against a population of about 40 million people and nurses really struggle to help the large number of women they see daily, with little or no appreciation at all,

she says. Besides shortage of staff, Mtawa points out congestion in most hospitals and health facilities in the country as the other cause of the purported negligence. If we have 80 pregnant women and the capacity of the ward is 20 beds, where will we put the extra 60? she wonders. Mtawa gives an example of Municipal Hospitals in Dar-es-Salaam, which were constructed to serve a population of 500, 000 people but currently serve more than 5 million people with no regional hospitals to share the bulk of work. On the reports that most nurses are not well trained, Mtawa says all registered nurses undergo a compulsory one-year midwifery course during their training which lasts a minimum of three years. Some cases of maternal deaths result from complications that nurses cannot handle on their own... for example, few nurses are allowed to conduct operations, but even this has to be in the presence of a doctor. But she believes mothers also contribute to cases of complications and advises them to attend anti natal clinics regularly to ensure such cases are identified earlier. The report on the challenges maternity health providers face includes routine stock-outs, which force health workers to direct expectant mothers to purchase essential medical supplies such as gloves, razor blades, surgical threads and new clothes. It is obvious that citizens participation in healthcare to support governments efforts is needed in Tanzania. Last year President Jakaya Kikwete launched the One Plan Campaign aimed at ensuring delivery of services from pregnancy through childbirth and childhood to the age of five. Giving healthcare providers better terms and subsequently changing their attitude towards work will certainly reinforce the presidents effort. Parents and the community can also help by motivating their young to develop interest in scienceoriented subjects and the medical profession.

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Lack of sanitary towels keeping girls out of school

By Murugi Murekio enstruation is a normal and natural process that symbolises that a young girl has attained sexual maturation. Yet this very important maturation process is a major obstacle to the education of many African girls. The United Nations Children's Fund (UNICEF) estimates that one in 10 school-age African girls either skips school during menstruation or drops out entirely because of lack of sanitation. According to a 2004 survey by the Girl Child Network (GCN) an estimated 500,000 girls in Kenya between the ages of 12 and 18 years do not have access to sanitary towels. On average, a Kenyan primary school girl who is absent from school due to menses for 4 to5 days in a month loses 13 learning days (2 weeks) of school every term and 6 weeks of learning time in a 9-month school year. Her performance at the primary level is affected, reducing her chances of proceeding for secondary education. This girl becomes vulnerable to early marriage. She grows up to become a woman who is economically dependent on her husband and relatives and therefore at high risk of domestic and gender based violence. The daughter she gives birth to is often bound to the same fate that her mother succumbed to. In 2005 GCN launched an initiative among the poor and marginalised Kenyan communities to end this vicious cycle and keep the girl child in school. GCN is a network of over 312 organizations working to improve the status of children in Kenya with special emphasis on the education of the girl

MENSTRUATION

Florence Annan child. Their purpose is to advocate, promote and protect the rights of the girl-child. One of these rights is Goal 2 of the Millennium Development Goals (MDGs), to achieve universal primary education. The MDGs are eight goals that respond to the world's main development challenges, to be achieved by 2015. Florence Annan, the Capacity Building Programme Officer at GCN, tells us more about this initiative.

Q. When was the programme started?

A. The programme started officially in 2005 as a follow up of a 2004 GCN national research that focused on looking at the status of free primary education in Kenya in relation to gender equity and equality in schools. When we got the research findings, we discovered that poverty, social

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cultural issues like female genital mutilation and early marriages and logistical issues like schools being far away were factors affecting girl-child education in primary school. But there was one very unique issue that came out from the girls themselves. Parents, community leaders and teachers did not bring it out. They were missing, or worse, dropping out of school due to lack of sanitary towels. We heard the same sentiment especially from girls from marginalised and poor communities in slums and arid and semi arid parts of Kenya.

process. Is this not common in all primary schools?

A. Such initiatives are not widespread. It is often a private initiative by school administration officials. Nonetheless, discussion on sexual maturation both at home and at school is largely nonexistent. As a result of our findings, we wondered how come no one in the childrens rights sector was addressing this.

adolescent girls in primary school. We believe if we can empower the girls to complete primary education they will have a better chance of accessing secondary education. We aim to achieve Goal 2 of the MDGs: achieve universal primary education.

Q. How does the initiative work?

A. Keep the Girl in School was a three year (2006 2008) initiative targeting over 500,000 school age going girls drawn mainly from poor families in the rural areas and those living in the slums of big towns and cities in Kenya. GCN distributed sanitary towels to all the eight provinces in Kenya, reaching 15,000 needy girls per term. Each girl was issued with a terms supply of sanitary towels; three packets per term. However, the awareness that has been created throughout the project period has exposed more needs in marginalised areas.

Q. How were the girls coping?

A. We were shocked to hear the deplorable materials and methods they used to manage their menstruation. They used tissue, pieces of blankets, rugs, mattresses and leaves. Some of the girls would go to garbage dumps and collect already used pads, take them home and clean them and then reuse them. The girls did whatever they could to manage their menstruation. To date some girls are still using these unsanitary materials and methods due to lack of sanitary towels.

Q. What steps did you take next?

A. We decided to address the problem immediately with a short term measure, raise funds to provide sanitary towels to 500,000 girls from marginalised communities. However, we quickly found that there is a lot of stigma and taboo linked to this issue. Some of the organisations we approached for funds turned us away because at the time they felt this was not something they wanted to be associated with. We realised quickly that we needed to create awareness and eradicate the stigma surrounding menstruation.

Q. In what ways has the initiative evolved?

A. Initially, as we distributed the sanitary towels, we realised that we needed to train the girls on the sexual maturation process, how to use and dispose the sanitary towels and personal hygiene. Some of them had never seen sanitary towels before so they did not know how to use them. Others mistakenly thought that once they got the sanitary towels the bleeding would immediately stop and this is not the case. They needed training. We did this with the help of the P&G nurses. It turned out that a good number of the girls did not have underwear. This presented us with a challenge. The sanitary towels cannot be used without underwear. In addition, we have now started providing an additional pack for the school holidays. Initially we gave three packs; we now give the girls sanitary towels for use throughout the year. At the moment, GCN has mainstreamed provision of sanitary towel into all its programmes. Every project we have in schools has a sanitary towel aspect. We are therefore still distributing sanitary towels.

Q. What factors were hindering them from accessing sanitary towels?

A. The issues were largely access, affordability, ignorance, negative cultural attitudes. In some of the marginalised areas it is considered taboo for men to discuss sexual maturity and many of the women are not economically empowered to buy their daughters sanitary towels.

Q. How did you do this?

A. We begun by engaging the media. Caroline Mutoko of Kiss FM was very instrumental in sensitising the public. A number of donors came on board soon after. The major milestone was when the manufacturer of Always Sanitary Towels, Procter and Gamble (P&G), agreed to partner with us. In 2006 we kicked off the Keep the Girl in School programme.

Q. As a primary school student I remember receiving information on the menstruation

Q. Who is your target?

A. We acknowledge there is a need for sanitary towels everywhere including tertiary training institutes, secondary schools and primary schools. However, due to limited resources, and our focus as an organisation, we target young

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Q. What are some of your key achievements?

A. GCN and its partners have been able to reach out to approximately 300,000 needy girls since the launch of the campaign. We have demystified issues of sanitary towels and sexual maturation that was once regarded as a taboo subject in many communities. As mentioned earlier, our main project for national distribution ended in 2008. One of our strategies during those three years was to lobby government to develop and put in place a gender policy in education. In 2007, the Gender Policy in Education was enacted, a milestone for Kenya. We lobbied for four thematic areas to be included. Key among them was the management of the sexual maturation process in school. Within this policy we were able to include provision of sanitary towels as part of the free primary school package. As they give the girls pens and books, they need to include sanitary towels. Although government and the Ministry of Education (MOE) have acknowledged this is an issue, they have yet to allocate a sufficient budget to the school and sanitation improvement cluster. We realised on the long-term there was a need for us to lobby and bring the sanitary towel product prices down in the market. In 2004, government zero-rated import duty for sanitary towels to increase the use of the products, bringing down prices of most brands by almost 50 per cent. At the time a pack of eight sanitary towels was Kshs.128 now it is about Kshs.55. We also lobbied supermarkets to move sanitary towels from the cosmetic section to the toiletries section.

Q. Have you faced any obstacles?

A. Plenty. The greatest being the stigma and taboo attached to menstruation and all other sexuality issues. We have been accused of giving girls contraceptives and in one instance our vehicle was vandalised. Because our intervention is school based, we have also encountered adamant male head teachers who refused to acknowledge the boxes of sanitary towels. I remember when we held a launch and fundraising event for the campaign, we had a cake in the shape of the Always sanitary towel. Some of the guests refused to eat the cake. In some very marginalised areas there is still continued need to sensitise parents and community members on issues of sexual maturation; particularly importance of using hygienic sanitary materials. There is also need to continue lobbying the government in ensuring budgetary allocation for the provision of sanitary towels in the free primary education package. Now that the initial three-year campaign is over, we continue to have limited financial resources in reaching

to all needy girls in Kenya particularly from marginalised communities and providing them with both sanitary towels and underwear. Currently we are depending on organisational and individual donors to give us the sanitary towels. We are also looking for funders who can give us underwear.

What are your current needs?

Girl Child Network is looking for more partners in championing for the rights of the girl. Your contribution towards the sanitary towel campaign whether in funds or donating sanitary towels will be an added milestone in ensuring that Kenyan girls are in school all year. To get involved please contact Girl Child Network, P.O. Box 2447-00200, Nairobi, KENYA. Tel: 254020-604510. E-mail: gcn@girlchildnetwork.net

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Womens human rights critical for Vision 2030

By Joyce Chimbi
lthough it is every individuals right to be free, to express him/ herself academically, politically or economically, this is a prerogative that has remained a dream for most Kenyan women. Take Halima Hassan, a mother of four, for example. She said she could not be of any help to us when we visited her home, as her husband was away. She did not think her opinion mattered. A perception held in most communities, and one that women such as Halima continue to live in. But this is not surprising. The 2003 Kenya Demographic and Health Survey (KDHS) estimated 68 per cent of women thought it was justified for a man to beat his wife for various reasons.The KDHS 2008-2009 further indicates that older women are more likely than younger women to report having ever been beaten or sexually assaulted. While this revelation may sound too removed from the reality of most women, it is fact to many others. Are these the women on whose back society expects to ride to Vision 2030? How can that be if the majority hardly ever enjoy human rights? poses Martha Chepkorir, a businesswoman in Nairobi. These rights, as is the misconception, go beyond ending violence against women, they demand that every individual in society be enabled to live up to his/her full potential to develop and be productive in all aspects of life, including economic.

A Womens group launches a campaign for peace

Vision 2030 is a development plan by the government of Kenya with an aim to achieve an annual 10 per cent economic growth rate through targeting industries such as agriculture, tourism and information technology. The plan works on the premise that all economic stakeholders marshal their strengths in order to improve the countrys economic profile. The vision is a series of five-year plans with the first one stretching from 2008 to 2012. According to statistics by the African News Agency, 70 per cent of illiterate persons in Kenya are women. Although an estimated 75 per cent of the agricultural work force is constituted by women, this significant group still has little to show for it. Further, the news agency reveals that women hold about 5 per cent of land titles yet cultural attitudes deter them from exploring fields that are traditionally not considered feminine; this is most clear during the elections whereby although female aspirants have increasingly presented themselves to the electorate, only a handful succeed. In the 2007 general elections, 269 women contested for parliamentary seats compared to the 44 aspirants in 2002. It has nothing to do with leadership abilities. I was beaten in broad day light for what they called an insult to our culture and a bad example to other women for vying. I am now considered an outcast, says a female aspirant in 2007 who requested

anonymity. A lot of sensitisation and awareness creation needs to be done for society to understand that women empowerment is not a battle of the sexes. This is if women are to be at the centre of the economic vision plan, she adds. The violence meted on female aspirants in 2007 is not only chilling but enough to scare most women away. Womens inability to easily ascend to positions of leadership means that they are underrepresented at the decisionmaking table, which is also an indication that they are not economic movers. However, the government launched the Womens Fund in 2007 with the critical objective of empowering women economically. Although it is an inarguably essential intervention, the fund labelled the Womens Enterprise and Development Fund is not without its hiccups. Funds were disbursed before running capacity building sessions where women can understand the fund and the kind of potential it has to turn their life around, explained Benea Mutsutso, a lecturer in Sociology at a local university. Furthermore, one million per constituency means that in each region, only about 20 women groups can benefit from the fund, and this is not enough. With a very weak economic and political muscle, it remains to be seen what contribution women can make towards the achievement of vision 2030.

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Celebrating gender activists in Kenya

Nobel Laureate Prof.Wangari Maathai

By Carol Kinyua Women in Kenya are unique and have won applause globally. They confront violence and other forms of discrimination daily but still defy odds and go on advocating for their rights. The government continues to campaign against some forms of violations against women, like domestic violence, female genital mutilation (FGM), rape attacks and intimidation against women in job and political markets. Studies indicate that societies promoting the participation of women and protection of their rights are more vibrant and abounding. In addition, they show that Kenya is changing and women are increasingly moving to the forefront, a clear sign of societal transformation. There are those who have worked tirelessly to improve the lives of people in their communities and the country as a whole. FGM continues to hamper womens development with some societies giving it high respect despite the fact that it is a health constraint. It might be a right of passage but on a higher notch, some parents think that by circumcising their daughters the act will prevent them from promiscuity. FGM continues to kill girls due to excessive bleeding and infections arising from the procedure; women and babies risk death due to complications during childbirth; it also contributes to the spread of HIV/Aids. In essence, FGM is both a serious health issue as well as an abuse of internationally recognised human rights standards. Those who undergo the ritual are regarded naive yet their resilience prompts them to spearhead the fight against the practice. In the North rift, women continue to defy the rules and champion their rights. Ruth Konchella started Cherish Others, an organization whose role is to implement an anti-FGM education programme aimed at school children in the Transmara region. Six hundred young women and 30 village elders are targeted. Nobel Laureate Professor Wangari Maathai is recognised for her persistent struggle for democracy, human rights and environmental conservation. She has addressed the United Nations on several occasions and spoken on behalf of women at special sessions of the General Assembly for the five-year review of the 1992 Earth Summit. She served on the Commission for Global Governance and the Commission on the Future. Over the years, she and Green Belt Movement have received numerous awards. These include Woman of the Year Award (1983), Right Livelihood Award (1984) Better World Society Award (1986), The Woman of the World (1989), International

Womens Hall of Fame (1995) to recognize, acknowledge her distinguished and selfless service to this nation and all mankind. Farhiyo Farah Ibrahim has openly faced hostility from her immediate family and community, which ridiculed and attacked her in public until she quit her earlier occupation as an incentive worker for the National Council of Churches in Kenya (NCCK). The 25 year-old campaigned against FGM and won a small victory when her mother agreed that the younger sister would not undergo the cut, though she was sexually attacked and forced to drop out of school. She also advocates for Voluntary Testing and Counselling. Despite the hostile environment in which she lives and works, Ibrahim remains a passionate champion for the rights of women, girls and refugees. She continues to speak out against women violation in the refugee camps in Kenya. She won the Women of Courage Award in March last year. The award was established by former US secretary of state, Condoleezza Rice, to recognise women who have shown exceptional courage and leadership in promoting womens rights.

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Dr. Musimbi Kanyoro has the drive to change the status of Women and has been branded a global ambassador for women and girls. She has worked in various parts of the world including the US, where she got first hand account of battered and abused women. She received a Human Rights Award from Church Women, in 1999, among other prestigious awards. She has been a General Secretary of Young Women Christian Association (YWCA), a movement started more than a century and a half ago with a current membership of 25 million women and girls in some 125 countries worldwide. She has prioritised in HIV/AIDS programmes, particularly in the most affected areas including Africa. Pareiyo Agnes is a first Maasai woman to be elected deputy mayor of her locality. She has analysed the very significant social effects of FGM. The procedure is used to take girls out of education and other means of economic and social independence. Pareiyo was initially able to persuade her father to allow her not to be cut, but social pressure from other women meant that she underwent the procedure, and afterwards vowed to protect girls from the same pain. She has spent time challenging cultural practices and engaging with communities that propagate the procedure, suggesting and demonstrating alternative rites of passage for girls to undergo. She has been a leading crusader for the widening of democratic space and gender issues in Kenya. She has been involved in championing womens rights through litigation, lobbying and advocating laws that enhance and protect womens rights through her work with various womens organizations, particularly the International Federation of Women Lawyers (FIDA-Kenya) and the League of Kenya Women Voters. Pareiyo was named United Nations in Kenya Person of the Year in 2005, for her work in achieving gender equality and empowerment of women. Fidelis Wainaina is the founder of Maseno Inter Christian Child

Self Help Group. She is a champion of gender revolution in advocacy for women empowerment. Her focus groups in development are mainly street children and widows, especially those ravaged by HIV/AIDS. She won the Yara Prize in 2006. Yara recognises efforts that increase food production through grassroots initiatives in agriculture and development. Fidelis has since passed on after being diagnosed with cancer. Sophie D. Ogutu is a young human rights activist who does theatre for social transformation. She is also the President of the World March of Women Kenyan Chapter. In the recent years, Sophie has mobilised communities while targeting women with the aim of strengthening womens protagonist in the resolution of conflicts. Through theatre and creative means, Sophie engages her group, The 5Cs Human Rights Theatre Company, to do pieces and performances based on the five values of the international feminist movement (World March of Women) The values include Peace, Freedom, Solidarity, Justice and Equality. She also worked with numerous Human rights organizations in the country including Kenya Human Rights Commission (KHRC), which saw her serve hectic days in Nakuru G.K. Prison, organizing a week-long cultural activity in Tinet Forest in March 2000 together with 11 other activists including two staff members of the KHRC. We should team up, stronger and hold public forum, which help women from all over the country where they can tell out their stories to encourage others to soldier on. By working together we will banish the abuse of our rights to the dark past where it belongs, and help people grasp the opportunity of a new day - one free from human rights abuse. Kenyan women are hopeful that the government will continue championing their rights through equitable distribution of resources. On their part, they have vowed not to leave any stone unturned to ensure that women access their rights.

Climate change policies must address gender

By Ngithi Mwaniki nvironmental sustainability is currently at the centre stage of global debate, especially on roles played by men and women. Gender and environment envisions ways in which men and women respond to their surroundings. Empowerment has led to more transparent and participatory approaches in peoples responses to environmental concerns. Globally, the gender and environment

debate has surrounded issues of ownership, use and distribution of resources. There have been efforts by governments, international organizations and civil society to balance the socially constructed roles, behaviour, activities and attributes that society considers appropriate for men and women. Former United Nations Secretary General, Kofi Annan, said gender equality was more than a goal. It is a precondition for meeting the challenge for reducing poverty, promoting

sustainable development and building good governance. Though people and environment have always co-existed, the role of gender in environment became a proactive issue in 1950s, during industrial revolution. This is the time when women entered male dominated professions. Men and women have their own gender needs. Policies and programmes therefore affect them differently.

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In Kenya, women are caregivers and more likely to work in the domestic sphere. Women therefore interact more with resources like water and forests; therefore bearing bigger responsibilities in taking care of the resources. For instance, due to their nurturing nature, women plant trees, water them and protect them from destruction by encroachers. On the other hand, men tend to exploit natural resources like forests - logging for timber and firewood and burning charcoal - in an attempt to provide for their families. Environmental degradation, which is attributed to climate change, affects women and men in different ways. In case of drought, women travel long distance for water. If the water is contaminated, they are the first to be affected and this may affect their productivity. These scenarios informed policy an intervention from the 70s aimed at redeeming women from poverty. Antipoverty policies were later developed to empowerment in the 90s. A milestone convention on women empowerment was the fourth UN conference on women held in Beijing in 1995. This conference focused on women and development. The highlight of the conference was on how to meet basic needs while at the same time taking care of the environment. Demystifying Gender roles in environmental issues Due to gender differences,

environmental policy programmes must address men and women differently. Gender analysis starts at family level by looking at who does what and how people relate. Men and women use public space in different ways. Women may spend more time running the household than their male counterparts. In production, differences would come up like who produces what? Who owns the land? How are profits shared? There are conflicting interests depending on what men and women need for survival. Whereas traditionally men went out to work while the women stayed at home to provide for their families, today women work outside the home. Womens gender enable them interact more within their environment than men do. Women and mens access to and control over resources differ by virtue of social relations. There should be room for active participation and consultation of women and men about their roles, and access to and control over resources. Due to cultural constrains, women are often left out in decision-making processes. While women may for example cultivate land for crops, plant trees and nurture them, in most cases they will not decide when to harvest the trees or even be allowed to keep the money if they sell the crops. Involving women in decisionmaking equips them to be better managers. The need to enhance women performance in their roles has led

to empowerment campaigns. Empowerment of women involves awareness raising, building selfconfidence, education and increasing access to, and control over resources. Eco- Feminism Feminism recognises womens subordinate status and strive to bring about gender equality. In cases of deforestation, women experience the impact more than men do. For instance, lack of firewood interferes with her responsibility as provider of food. Women tend to be poorer compared to men due to lower education levels and reduced access to resources. Often they cannot employ alternative means to make their work easier. They may not be able to afford cookers and fridges to store their groceries. They depend on labour intensive devices, which are tiresome and time consuming. Due to their nurturing attribute, ecofeminism argues that women are better placed than men are to halt environmental degradation. As women carry out their reproductive roles, they develop an ethic of caring for others, which also extends to nature or environment. However, most women do not make major decisions about the environment as land belongs to men. There is need to create space for women to be more involved in environmental management.

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Zain Kenya Ltd Director of Corporate Communications, Michael Okwiri, presents a cheque worth, Kshs.200, 000 in support of the AMWIK Scholarship Fund to the associations representatives, led by the Executive Director, Jane Thuo, Vice Chairperson, Mildred Barasa, and Treasurer, Rachel Keino at the companys office

AMWIK Supports Media Women to Access Higher Education

By Ellen Paalgard

hereas the level of illiteracy in Kenya is quite high, 38.5 per cent as at 2006, illiteracy in women is higher than in men, standing at 30 per cent of the total female population. Besides, the Kenya Economic Survey of 2007 revealed that the number of women who proceed to public universities for higher education is still lower than that of men, at 30 per cent of total university enrolment in any given year. This lowers the visibility of women in skilled manpower and leadership. With this in mind, the Association of Media Women in Kenya (AMWIK) is involved in empowering women through education. Members of the organisation realise that they have to empower themselves first to empower other women academically. That is how the AMWIK Scholarship Fund came to be. AMWIK chairperson, Sylvia Machini, says the aim of the fund is to increase the number of women in the media who can influence society positively, especially on matters that help in making positive decisions. AMWIKs core function is to empower women by enhancing their skills, knowledge and access to information technology as a way of combating negative portrayal of women, locally and internationally, and challenge negative actions, such as abuse of power, says Machini. With highly educated women, she says, the mass media industry in Kenya will not have a choice but to include such women in management and leadership positions.

Machini says Kenya is among the African countries expected to give a report on progress made towards achieving the Beijing Platform for Action on Women and Media. The document aimed at increasing womens knowledge in order to participate in decision making, by intervening in cases of poverty, lack of access and opportunities, illiteracy, lack of computer literacy and language barriers, which prevent some women from using the information and communication technologies (ICT), including the Internet. In its fifth year, the scholarship fund relies heavily on active fundraising by members. This years fundraising culminated in a dinner, which drew more than 300 guests and over twenty corporate sponsors, among them government agencies, private companies and individuals. A total of Kshs.2.4 million was raised . The scholarship fund has so far raised Kshs.4.4 million and supported 13 members of the association to pursue local university education at undergraduate and post-graduate level. The Minister for Higher Education, Science and Technology, Dr. Sally Kosgei, who believes in the empowerment of women through education, was among donors who gave the most funds for the scholarship fund this year, with Kshs.400 000. She encouraged members of AMWIK, urging them to remain focused in their efforts to empower women in the country. Through the ministrys Public Relations Officer (PRO), Dorcas Ambuto, Dr.

Kosgei said AMWIKs goal of helping media women further their education was in harmony with the functions of her ministry, and called for collaboration between the two organisations for greater support for women journalists in the future. Mobile telephone service provider, Zain Kenya, donated Kshs.200 000. The companys Director of Corporate Communications, Michael Okwiri, said Zain Kenya was committed in supporting the training of media women in Kenya, and urged other companies to support the scholarship initiative. Samson Machuka, the director of the Monitoring and Evaluation Directorate, in the Ministry of Planning, noted that the ministry was keen to involve the media in its goal of keeping development on track. He said the ministry would ensure that the media is adequately supported in advocacy and sensitisation. Royal Media Services gave Kshs.100 000. The organisations Corporate Affairs Manager, Catherine Kasavuli, said the company was committed to promoting gender equality across all ranks. We take pride in the fact that the senior most position held by a female journalist in Kenya is the Editorial Director of Royal Media, Farida Karoney, she added. The Norwegian government, through its embassy in Nairobi, has also supported AMWIKs programmes extensively over the years. It does so through the Gender and Governance Programme, which aims at increasing participation and influence of women

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that all citizens are informed and their voices heard. It also plays the critical role of holding politicians and leaders accountable and changing gender based stereotypes, she said. A beneficiary of the AMWIK Scholarship Fund, Redemptor Atieno has this to say: I appreciate the efforts of AMWIK in enabling women attain further education. I won a scholarship to pursue a degree in Social Communication, at Tangaza College, an affiliate of the Catholic University of Eastern Africa, in 2004. I undertook my study with very little pressure, being able to pay my study fees on time, and graduated with excellent grades.

Members and sponsors of the AMWIK Scholarship Fund dance during the dinner

in all governance structures in Kenya. This is in addition to an exchange programme for practicing journalists, since 2002. Norways ambassador to Kenya, Her Excellency Elisabeth Jacobsen, who was the chief guest at the dinner held at the end of October, said the mass media was important in any countrys democracy. This is because of its role as an informer, educator, gatekeeper, agenda setter and entertainer. The media plays the important role of ensuring

The degree helped me gain professional knowledge and skill that have increased my marketability, besides opening new doors. It gave me a chance to update myself and keep abreast with the fast changing world of communication. It has also boosted my self-confidence. Now I can share my ideas freely, knowing that they are important for development of this country and beyond. I am an achiever, thanks to the AMWIK Scholarship Fund.

AMWIK Scholarship Fund 2009 sponsors

Other sponsors of this years scholarship fund drive were the Kenya Roads Board, Central Organization of Trade Unions (COTU), the Kenya National Highways Authority (KENHA) and the Ministry of Roads, who pledged Kshs. 200 000 each. The African Women and Child Feature Service (AWC), Nairobi Hospital, Kenya Institute of Management (KIM), Keroche Industries Ltd, Chase Bank, Safaricom, Commercial Bank of Africa and the Federation of Women Lawyers (FIDA-Kenya) also supported the fund. Besides giving corporate sponsorship, Royal Media Services, Kenya Broadcasting Corporation (KBC) and the Standard Group gave free airtime and print space to publicise the event. Other media houses that gave print space were Kenya Times, Nation Media Group and The Star. AMWIK also received support in form of raffle prizes from Meridian Court Hotel , Comfort Hotel, Fish Eagles Inn-Naivasha and Hotel Intercontinental. Youth on the Move donated T-Shirts and Caps as well as offering 12 people a years training on management of epilepsy. More support came from Parents Magazine, the Coalition on Violence Against Women (COVAW-Kenya), Homegrown Flower Farm, Incas Health, Makini Schools, the Architectural Association of Kenya (AAK), Kimani and Associates and the African Network for the Prevention and Protection Against Child Abuse and Neglect (ANPPCAN). Individual donors included nominated councillor and lawyer, Timothy Wanyonyi, of the Kenya Paraplegic Organisation (KPO), the Permanent Secretary, Ministry of Information and Communication, Dr. Bitange Ndemo, the Director of Information, Ezekiel Mutua, Senior Lecturer at the University of Nairobi, Peter Oriare, and Media Consultant, Kwamchetsi Makokha, among others.

Association of Media Women in Kenya (AMWIK) Wendy Court, Hse No. 6 David Osieli Rd., Off Waiyaki Way, Westlands P.O. Box 10327 00100 Nairobi, Kenya. Tel: 254 20 444 1226 Tel/Fax 254 20 444 1227 Mobile: 0722/0737 201958 E-mail: info@amwik.org Website: www.amwik.org

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