economic and social rights (hakijamii) · 9.1 our view of change ... nhif national hospital...

ECONOMIC AND SOCIAL RIGHTS CENTRE (HAKIJAMII)

STRATEGIC PLAN2013 - 2016

STRATEGIC PLAN: 2013 - 2016 ECONOMIC AND SOCIAL RIGHTS CENTRE

A society that ensures the protection, promotion and fulfilment of all rights for all peopleii

Contents

List of acronyms and abbreviations ................................................................. ivAcknowledgements ............................................................................................. v

1.0 About Hakijamii .................................................................. 1

1.1 Vision ...........................................................................................................11.2 Mission .........................................................................................................11.3 Background ................................................................................................11.4 Governance ................................................................................................3

2.0 Executive summary ............................................................. 4

3.0 Introduction ......................................................................... 5

3.1 Strategic planning process ..................................................................... 5

4.0 Operational context: now and ahead ................................. 7

4.1 The international context .....................................................................74.2 The new constitutional order in Kenya ............................................ 94.3 The General Election 2013 .................................................................. 124.4 Kenya’s changing socio-economic context ........................................ 134.5 Marginalized groups ............................................................................... 154.6 National legal and policy environment ............................................... 16

5.0 Hakijamii’s strategic approach ...........................................20

6.0 Reflecting on Hakijamii’s achievements ............................22

6.1 Policy advocacy leadership .................................................................... 226.2 Innovative impact Litigation .................................................................. 236.3 Strengthening and amplifying community voices ............................. 236.4 International advocacy .......................................................................... 24

7.0 Reflecting on Hakijamii’s challenges ..................................25

7.1 The new constitution and the challenges of implementing the new ESC rights framework .................................. 25


A society that ensures the protection, promotion and fulfilment of all rights for all people iii

7.2 Building effective and sustainable community partnerships ......... 257.3 Policy advocacy ....................................................................................... 267.4 Potential political impediments ............................................................ 277.5 Programming and organizational issues ............................................ 27

8.0 Emerging issues and opportunities ....................................29

8.1 New issues in ESC rights advocacy .................................................... 298.2 Linking livelihoods to rights .................................................................. 308.3 Implementation of the ESC rights provision of The Constitution 2010 .......................................................................... 308.4 Devolved governance ............................................................................ 318.5 “Accompanying” communities in their struggles ............................ 318.6 Civic education on ESC rights .............................................................. 328.7 Networking and partnerships .............................................................. 338.8 Research ................................................................................................... 338.9 Legal and policy advocacy ..................................................................... 338.10 Engaging the private sector ................................................................... 348.11 Internal governance, management structures and planning processes ................................................................................... 34

9.0 Hakijamii’s vision, mission, goal and strategic objectives ............................................................. 35

9.1 Our view of change ..................................................................................359.2 Strategic objectives ..................................................................................36

10.0 Implementing the strategic plan 2013-2016 ..................... 40

10.1 Programmatic architecture ...................................................................4010.2 Monitoring and evaluation ......................................................................4110.3 Institutional strengthening and resource mobilization ...................42

11.0 Concluding statement ....................................................... 42

Strategic and programmatic focus ............................................ 43


A society that ensures the protection, promotion and fulfilment of all rights for all peopleiv

List of Acronyms and Abbreviations

ADR Alternative Dispute ResolutionAIDS AcquiredImmuneDeficiencySyndromeAOP Annual Operational PlansASAL Arid and Semi-Arid LandsAU African UnionCEDAW Convention Eliminating all forms of Discrimination Against WomenCSO Civil Society OrganizationEAC East African CommunityESC Economic, Social and CulturalESCR-Net International Network for Economic, Social and Cultural RightsESR Economic and Social and RightsFBO Faith-Based OrganizationHIV HumanImmunodeficiencyVirusICC International Criminal CourtICESCR International Covenant on Economic, Social and Cultural RightsICJ International Commission of JuristsICT Information and Communication TechnologyIDP Internally Displaced PersonJSC Judicial Service CommissionKACC Kenya Anti-Corruption CommissionKISORA Kisumu Social Rights AssociationKNCHR Kenya National Commission on Human RightsLAPSSET Lamu Port-South Sudan-Ethiopia Transport NGO Non-Governmental OrganizationNHIF National Hospital Insurance FundNSA Non-State ActorNSSF National Social Security FundNTA National Taxpayers’ AssociationPPP Public-Private PartnershipTV TelevisionUN United NationsUSD United States Dollar


A society that ensures the protection, promotion and fulfilment of all rights for all people v

ACKNOWLEDGEMENTS

ThisStrategicPlanwouldnothavebeendevelopedandfinalizedwithout theinvaluable contribution of several individuals and institutions. First and foremost, special gratitude to the dedicated members of staff of Hakijamii (past and present) and the Board members who initiated the original framework for the Plan. Dr. Mutuma Ruteere (a former Board member) and Mr. Mikewa Ogada deserve special mention for having agreed to diligently undertake the work of meetingallthekeyinformantsandfinallyputtingtogetheralltheirthoughtsandviewsinacoherentmanner.Theircontributionisparticularlysignificantbecausethey were willing to undertake the work with a fairly minimal budget, something that is, unfortunately, very rare these days.

We also wish to most sincerely thank our partners within the civil society and communities, especially the members of the Housing Coalition, who despite their busy schedules agreed to take time to share their perspectives and recommendationswithus.OfficialsfromtheMinistriesofLandsandHousing,with whom we have had a longstanding relationship, even though at times characterizedbyfriendlyfire,alsodeservespecialmention.Withoutyourinputand critical assessment, this Plan would have been the poorer. Thank you so much.

Last but not least, we would like to extend a special appreciation to our donors who have consistently stood by us. Here, we would like to acknowledge Kios whotooktheriskofgivingusourfirstfundingwhennobodyknewwhatkindof organization Hakijamii was. The risk you took was huge, but without it perhaps our organization would not be what it is today. To Misereor, American Jewish World Services, Civil Society Urban Development Program, ACT and CORDAID, your contribution to ushering and nurturing Hakijamii to adulthood cannot bequantified inmerefinancial terms.We are truly grateful and lookforward to working with all of you in the pursuit of human rights.


A society that ensures the protection, promotion and fulfilment of all rights for all peoplevi


A society that ensures the protection, promotion and fulfilment of all rights for all people 1

1.0 About Hakijamii

1.1 Vision

Asocietythatensurestheprotection,promotionandfulfillmentofallrightsforall people

1.2 Mission

To strengthen the capacity of people’s organizations to effective and directly participate in advocating and realizing their economic, social and cultural rights in Kenya

1.3 Background

Founded in 2004, Economic and Social Rights Centre (Hakijamii) is a national human rights organization that works with marginalized groups to claim their economic and social rights and improve their likelihoods. It is registered as a non-governmental organization (NGO) under the NGO Coordination Act. It is headed by an Executive Director who reports to a Board of Directors. With a secretariat in Nairobi, the organization has strategic community partners in Nairobi, Kisumu, Kitale, Eldoret, Garissa, Kakamega, Kisii, Migori, Homa Bay, Turkana, Lamu and Mombasa.

Aware of the national and global character of the issues that it deals with, Hakijamii has established strategic partnerships that include being a founding member of the Kenya Land Alliance, member of Shelter Forum, the Urban Housing Coalition, founding member of the International Network on Economic and Social Rights where it serves in the Adjudication Working Group, the Optional Protocol to ICESCR Working Group and the Economic and Social Rights Monitoring Working Group. It also serves as a member of International Expert Advisory Board to the England Economic and Social and Rights (ESR) Monitoring Consortium.


A society that ensures the protection, promotion and fulfilment of all rights for all people2

Hakijamii’s vision is that of a society that is free of discrimination, exploitation and injustice and its mission is to strengthen the capacity of people’s organizations to effectively and directly participate in advocating and realizing their economic, social and cultural rights in Kenya. Throughout its existence, the organization has been guided by the goal of promoting social movements to engage in realizing and promoting human rights-centred practices and policies

Its strategic objectives are:

• The progressive realization of economic and social rights through enhanced participatory and accountable policy, legislative and making using of national and international instruments.

• Partner communities effectively advocating for the realization of economic, social and cultural rights in Kenya using enhanced capacities and knowledge.

• Vibrant and effective national and international networks and partnerships to strengthen advocacy for ESC rights, improve knowledge and develop human rights-based approaches.

Under objective one Hakijamii has contributed to several national policy processes. Specifically, itwas amemberof theLegalThematicGroupduringthe National Land Policy formulation process and directly participated in the final drafting of the Sessional Paper No. 3 on National Land Policy. At theimplementation stage it served as a member of the Legal Technical Working Group that was mandated to generate the draft land legislation. We have been instrumental in the drafting of the Eviction and Resettlement Procedure Bill which is now awaiting presentation in Parliament as a private member’s Bill. Hakijamii has also used the judicial system to create precedent-setting jurisprudence on housing rights for the poor.

Under objective two, Hakijamii was instrumental in the establishment of a national network of grassroot community organizations that have been in the forefront in pushing for and claiming their economic and social rights.

The third objective is strengthened, vibrant and effective national and international networks and partnerships for the realization of economic, social and cultural rights. As a founding member of the International Network on Economic and Social Rights, Hakijamii mobilized key international human rights organizations to provide technical support on the realization of economic and social rights



undertheConstitution.Itisamajorplayerinthedevelopmentofthefirstglobalframework for monitoring the realization of economic and social rights as a member of the Economic and Social Rights Monitoring Working Group.

1.4 Governance

The organization is governed by a Board of Directors. The Board currently comprises six members namely Mr. Odenda Lumumba (Chair), Ms. Phyllis Mwema (Vice-Chair), Mr. Francis Kinyati (Treasurer), Ms. Terry Omondi, Mr. Steve Ouma and Mr. Ibrahim Mwathane. Mr. Odindo Opiata, the Executive Director, sits as an ex officio member and Secretary to the Board. The Board brings together a diverse group of individuals with a wealth of knowledge and experience in human rights, policy advocacy and organizational development.

The Secretariat has seven members of staff namely Mr. Odindo Opiata (Executive Director),Ms.NellyChelagat(MonitoringandEvaluationOfficer),Mr.DesireNjamwea(ActingProgramOfficer),Ms.LucyBaraza(FinanceOfficer),Mr.PeterKarachu(AccountsAssistant),Ms.MarcyKadenyeka(CommunityOfficer)andMs. Anne A. Ogada (Administrative Assistant).

CHAPTER 2



2.0 Executive Summary

This Strategic Plan is a roadmap for Hakijamii’s engagement in the promotion of human rights for the period 2013-2016. The plan builds on the lessons of Hakijamii’s work on economic, social and cultural rights in Kenya for the last eight years. In particular, it draws from critical lessons of the last 2008-2012 Strategic Plan.

In this Plan, Hakijamii’s vision and mission remain unchanged. The organization’s work will continue to be guided by a vision of a society that ensures the protection, promotionandfulfillmentofallrightsforallpeople.Hakijamii’smissionremainsthat of strengthening the capacity of people’s organizations to effectively and directly participate in advocating and realizing their economic, social and cultural rights in Kenya. These values are as valid today as they were eight years ago when Hakijamii was founded. This Strategic Plan restates Hakijamii’s commitment to these values.

Hakijamii’swork in the next five yearswill be organized around the goal ofdomesticating or rooting economic, social and cultural rights advocacy among grassroots people’s organizations. The aim is to transform these organizations into sustainable social movements that can effectively and sustainably carry out advocacy on economic, social and cultural rights. In this phase, Hakijamii has identifiedfive strategicobjectives that itwill seek to achieve through itswork. These are: expanded policy, legislative and judicial opportunities for the realization of economic, social and cultural rights; enhanced capacities of communities to advocate for the realization of economic, social and cultural rights; strengthened, vibrant and effective community, national and international networks/partnerships for the realization of economic, social and cultural rights; recognized national leadership in the generation of data and information that shapes policymaking and programming on economic, social and cultural rights issues;andstrengthenedinstitutionalcapacityandfinancialsustainability.

Partnerships at community, national and international levels are central to Hakijamii’s work. Consequently, this Plan is also an invitation to Hakijamii’s partners to join the organization in the task of reshaping the future of Kenya through the realization of the promise of economic social and cultural rights for all.



3.0 Introduction

This Strategic Plan provides the basis for Hakijamii’s work in human rights promotion in the period 2013-2016. It is derived from a critical evaluation of the context within which Hakijamii is operating and harnesses from the learnings the organization has accumulated over the last eight years of its existence.

The Plan has been designed at a pivotal moment in Kenya’s history, when the country is rolling out the implementation of the Constitution 2010. Hakijamii finds itself uniquely placed to play a central role in the implementation ofthat constitution, and in particular the economic, social and cultural rights provisions.Hakijamiiisconfidentthatthecompetenceandexperiencethattheorganization has built over the last eight years has adequately prepared it for this challenge. Moreover, Hakijamii will continue to strengthen its partnerships with communities and people’s movements that are central pillars to the organization’s work.ThisStrategicPlanreflectsthatcommitment.

In preparing this Plan, Hakijamii has sought to draw from the views, knowledge, wisdomandexpertiseofawiderangeofitspartners.ThePlanhasbenefittedfrom consultations with members of the communities, as well as key partners in the civil society and government. Interviews and consultations were conducted with selected individuals from these sectors. Hakijamii staff and Board Members were also consulted at every step. The draft was also subjected to a critique and review by staff and representatives from partner organizations and revised. In short, this Strategic Plan represents the collective thinking and wisdom of key individuals who will be responsible for its implementation and those who will remain key partners to Hakijamii’s economic social and cultural rights work.

3.1 Strategic Planning Process

The development of Hakijamii’s Strategic Plan 2013-2016 involved a review of the organization’s institutional documents as well as key informant interviews. The previous Strategic Plan 2008-2011 and Annual Reports were among the institutional documents reviewed by the planning team.



Key informant interviews were held with 18 individuals, including Hakijamii staff, Board Members and some of the institution’s strategic stakeholders. They included individuals drawn from human rights organizations in Nairobi andCoastProvinces,officials fromtheMinistryofLandsand theMinistryofHousing, and the donor sector. The interviews provided critical insight into the past performance of Hakijamii, lessons learned, as well as invaluable suggestions for the future strategic orientation of the organization.

The planning process also benefited immensely from a consultative meetingthat was held with 15 individuals drawn from Hakijamii’s community partners in Nairobi. Participants in this meeting included both men and women and represented a diversity of ages, religious affiliations, ethnic communities andother attributes.

This draft Strategic Plan 2013-2016 was reviewed during a one and a half day meeting in Nairobi. The review meeting brought together Hakijamii staff, Board Members and some of its strategic stakeholders, including community partners. Thereafter staff members went through the revised version and made the necessarychanges.ThedraftwasthenpresentedtotheBoardforfinalapprovalin August 2012.

CHAPTER 4



4.0 Operational Context: Now and Ahead

4.1 The International Context

The phenomenal success in the rhetorical acceptance of the human rights idea is one of the most remarkable developments of our times. In every continent, states have lined up to ratify human rights conventions and to incorporate human rights in their constitutions. In addition, from the 1990s, national human rights institutionshaveparticularlyproliferated,seekingtoinfluencestatepoliciesandimprove the human rights condition.

With the end of the Cold War more than two decades ago, economic, social and cultural (ESC) rights have become an increasingly important point of departure for human rights advocacy in many parts of the world. In fact, the development sector now embraces the ideas of “basic needs-as-basic rights” and “human rights-based approaches” in their work. Moreover, regional and multilateral institutions such as the African Union (AU), the East African Community (EAC) and the World Bank have increasingly warmed up to the idea of human rights.

Closely associated with this emergence and expansion of human rights standards, institutions and approaches, are human rights non-governmental organizations (NGOs), which have become the engine of the growth of the human rights idea and key pillars in the construction of better rights-respecting societies. In recent years, more and more human rights NGOs around the world have chosen to address ESC rights issues. Kenya is no exception. Consequently, global ESC rights advocacy networks, such as the International Network for Economic, Social and Cultural Rights (ESCR-Net), have emerged to offer solidarity and enhance collaboration among different actors working on ESC rights issues around the world. Recent global political and economic developments are presenting new opportunities and challenges for the realization of human rights. Expanding markets and democratization have ushered in more political freedoms but not matched them with economic and social protections. In fact, environmental rights, consumer rights and digital rights, among others, are being directly



challenged by the growing power of the world’s largest corporations, some with annual revenues much larger than those of entire regional trade blocs in Africa.

The year 2011 saw an extraordinary wave of pro-democracy movements – the Arab Spring – sweep through North Africa and the Middle East, resulting in the collapse of some long-standing dictatorships and rattling others to their core, thereby bringing political freedom to more and more people. What is most striking about the Arab Spring is that the protests were primarily led by ordinary people – men, women and children – and not by elite intelligentsias. Regional and global solidarity with these movements has also been greatly enhanced by powerful digital communication technologies, including live TV beamed by satellite, mobile phones and internet-based social media networks.

The continuing economic crisis in the West presents new challenges to the entireglobalhumanrightsmovement.Forinstance,runawaybudgetdeficitsinmany countries around the world have spawned a global economic slowdown, occasioninghigh inflationrates,high importbills andstagnant incomes.Manystates and societies lack viable social safety nets to protect their most vulnerable populations from such externally-driven economic shocks. Furthermore, the adoption of austerity measures in many Western countries is likely to place new limitations on the enjoyment of ESC rights, especially in developing countries. With less to spend at home, there is a real likelihood that there will be less Western diplomatic attention paid to the developing world. Therefore, sharp cuts in development assistance are likely.

In some cases, human rights enforcement continues to be the victim of double standards. The world’s powerful governments and corporations have on occasion continued to commit human rights violations with impunity while requiring stronger compliance from their less powerful counterparts. Moreover, concerned about what seems to be growing radicalization in many parts of the world, Western aid programming has tended to subordinate the ideas of good governance, human rights and development to security concerns.

Amidst all these developments, East Africa is experiencing unprecedented international attention as the world’s next “energy Eldorado”. In recent years, many countries in the region have found large, commercial quantities of hydrocarbons, with Kenya announcing its first, promising oil find in early2012. There are also new investments in wind, hydroelectric and geothermal energy generation across the region whose energy, transportation, defense and customs infrastructure and systems are becoming increasingly interconnected.



Public-private partnerships (PPPs) are injecting a new and refreshing dynamism into the region’s economies. For instance, regional governments and corporations are negotiating financing for the construction of Africa’s large infrastructureproject, the Lamu Port-South Sudan-Ethiopia Transport (LAPSSET) Corridor Project that will revolutionize commerce in the region. Once completed, the project, worth USD 24 billion, will be the largest single public infrastructure investment in Kenya (and possibly in the East African region), providing a new oil pipeline and road, rail and air links that stretch from Lamu to South Sudan.

The issues of land grabs or second scramble for Africa, even though not being debated in the public, is yet another phenomenon that will shape development in the region. While the obligations of states under human rights are often seen as being related primarily to persons in their respective territories, in these dayofglobalization,accesstofoodandresourcesisincreasinglyinfluencedbyacts or omissions of foreign states, of intergovernmental organizations, and by transnational corporations. In addition, the extra-territorial obligations of states in the area of economic, social and cultural rights is now recognized as flowing from international human rights covenants. State obligations do notstop at their borders but extend to wherever their actions are felt. These obligationshavemostrecentlybeenclarifiedbytheMaastrichtPrinciplesof2011.The developments provide new opportunities for better and more effective protection and promotion of economic, social and cultural rights.

East Africa is also experiencing rapid technological innovations, particularly ICT-based platforms such as mobile money transfer technologies. All these have implications on the reduction of poverty, improved delivery of social services and enhanced government responsiveness, which are also revolutionizing economic and governance systems. Many of these advances have the potential to vastly improve the standards of living of many poor and vulnerable people in the region.

Seen together, these global and regional trends are reshaping the region and the world’s political economy, as well as the prevailing socio-economic conditions for East Africa. They bring with them new opportunities, but also new challenges for the realization of human rights, particularly ESC rights, in the region.

4.2 The New Constitutional Order In Kenya

Kenya has had a long legacy of repressive rule characterized by unresolved human rights violations, including land rights violations, political assassinations



and police abuse. Economic and social rights violations have been particularly glaring. Although the government has sought to address them by developing various blueprints that seek to comprehensively address the growing inequality and exclusion, millions of Kenyans continue to suffer economic deprivation, eking out an insecure existence as poorly paid workers or small-scale peasants. With respect to land which remains the main source of livelihood of the majority, the government’s Operation Rudi Nyumbani (Return Home) may have helped to resettle families displaced by the 2008 post-election violence, but hundreds of thousands of IDPs who were forcibly displaced from their homes in the election years of 1992 and 1997 remain un-resettled.

Inaddition,theproblemofimpunityforofficialcorruption,abuseofofficeandthe mismanagement of public resources partly results from the challenges that the public sector and private actors face in ensuring that the principle of the rule of law is observed. Although the judiciary is transforming into a more accountable institution,therestofthecriminal justicesystemcontinuestobeafflictedbycorruption. Some efforts by the Kenya Anti-Corruption Commission (KACC) to investigate corruption have borne fruit, but its corruption strategy has so far focused more on low-to-middle level offenders and less on high-level offenders. Besides being embedded in society, corruption in Kenya is a transnational problem that can only be effectively addressed through a combination of local interventions and international cooperation.

The enactment of a new constitution in 2010 has created greater optimism for change in Kenya and provided a more stable framework for legal and political reforms to address the legacy of human rights violations and corruption. It provides new opportunities for disadvantaged Kenyans to address decades of unjust and unfair economic and social policies. Governance processes in the public sector should now be guided by the declared constitutional principles and values of equality, accountability leadership, integrity and transparency, public participation, effectiveness, devolution, representation, diversity and representativeness in public service.

More importantly for the human rights movement, ESC rights have been domesticated, appearing as constitutional rights in the new, expansive Bill of Rights. Access to public information is also recognized as a right. A particularly notable feature of the new constitution is its emphasis on the idea of devolution of political and administrative power and resources, which permeates the entire document.



A host of institutional, legal and policy reforms are required to breathe life into the new constitution and concretize its promise of human rights and democratic practice. So far, some of the most extensive reforms with human rights implications have been pursued by the Kenyan judiciary. Having long suffered from credibility problems, mismanagement and corruption, important changes are now being undertaken in this institution in order to address the administration of justice in Kenya.

Leading human rights lawyers have been appointed to the judiciary (including to the position of Chief Justice), a development that has led to greater independence and credibility of the judiciary in the eyes of the public. The revamped Judicial Service Commission (JSC) has demonstrated its independence and commitment to expanding access to justice for more Kenyans by taking steps to address the large backlog of pending court cases, increasing investment in alternative dispute resolution (ADR), hiring dozens more judges and magistrates and undertaking extensive computerization of court records and services. Moreover, a transitional process of vetting judges and magistrates process is currently underway.

The new constitution, particularly its Bill of Rights and the new-found independence it bestows on institutions, provides the country with a new basis foroverhaulingthejusticesystem.Asenvisagedintheconstitution,thedifficulttask of reforming legal and administration of justice systems has begun. Several pieces of legislation such as the Independent Policing Oversight Authority Act and one on Judges and Magistrates vetting have been enacted to address among others, judicial reforms, police accountability, independence and operational effectiveness. Criminal prosecutions also stand to be improved by the new constitutional provisions providing security of tenure for the Office of theDirectorofPublicProsecutionanddelinkingitfromtheOfficeoftheAttorneyGeneral.

Governance has also been devolved under the new constitution with the introduction of county-level governments. Under the new constitution, the country is divided into 47 counties mirroring district boundaries as they existed in 1992. The central government will be responsible for national-level policy-making relating to education, health, macro-finance management, nationalsecurity among other matters, while the counties will be responsible for regulating local county economies, agriculture and cultural activities, among others.



Counties are likely to emerge as key to the socio-economic and political lives of Kenyans. They also present a new arena for political, economic and human rights organizing and bring with them a new set of duty bearers in respect to rights. Resource allocations that are central to fulfillment of socio-economicrights will now be designed around counties. It is likely that civil society groups will now be expected, particularly by their funding partners, to demonstrate that their activities reflect the changed governance realities. However, whilecounties present immense opportunities for more accountable political and economic governance, there is also the danger that they may become new theatresofconflictandcorruptionfuelledbyexclusionofnewminoritiesfromopportunities and rights, particularly in the multi-ethnic counties.

4.3 The General Election of 2013

The March 2013 General Election, to be held under the framework of the new constitution, will be Kenya’s most complex. Voters will elect six candidates, including presidential, gubernatorial, senatorial, parliamentary, civic candidates as well as other special representatives. However, going by Kenya’s recent reform history, it is likely that the reform process led by the next set of leaders will be gradual in scope and pace; and not far-reaching as might be expected by many Kenyans.

Moreover, while many governance reforms have been undertaken after the post-election violence, there continues to be reservations among many Kenyans that there may be a repeat of election violence in March 2013, if the perpetrators of 2007/08arenotidentifiedandpunished.Moreover,asthecountryapproachesthe elections, tensions have been simmering in several regions, particularly those that are ethnically cosmopolitan, over control of resources, citizenship rights and the protection of minority rights. In some places, such as the coastal region there is the real risk of violence in the run up to the election.

Kenya’s unresolved 2008 post-election violence has continued to shape national politics as the country moves towards the General Elections in 2013. In particular, the questions of justice and reconciliation remain the subject of deep disagreements within the Grand Coalition Government, with a coherent policy position lacking. Moreover, the intervention of the International Criminal Court (ICC) in the matter has led to far-reaching political realignments and the emergence of new political dynamics that have implications for peace, security and future reconciliation.



4.4 Kenya’s Changing Socio-Economic Context

In recent years, Kenya’s key economic sectors, including information communication technology (ICT), agriculture, manufacturing, tourism and financehaverecordedfairlyrobustgrowth.Impressivedevelopmentshavebeenwitnessed in the country’s fast-growing mobile telephony sector, which covered about 70 per cent of the population in early 2012. Telephone connectivity as well aselectronicaccesstodatahavebothsignificantlycontributedtocitizens’accesstoinformation,allowingthemtoholdstateofficialsaccountable.Theadoptionof mobile phones for money transfer services has been especially striking as it hasbroadenedaccesstofinancialservicestomillionsofpeople.Nearly,10percent of the population used the internet regularly in 2009, a four-fold increase from 2008. Government has also focused increasing attention and earmarked significantbudgetaryallocationstoagenciesconcernedwiththedeliveryofsocialservices as well as physical infrastructure, including roads, dams and geothermal energy plants. Various economic forecasts show that this positive trend will likely continue in the coming years.

Nonetheless,therehasbeeninsufficientattentionpaidbyallactors–government,civil society and the private sector, among others, on how to make economic growth more inclusive. For instance, about 65 per cent of Kenya’s 40 million people are not fully integrated into the economy as it is primarily involved in subsistence and small-scale commercial agriculture in rural areas. An under-developed export sector has continued to expose Kenya to external economic shocks,partlyexplainingtherisingrateofinflationthathasoccurredoverthepast few months. In addition, credit continues to be expensive, and therefore, out of reach for many potential entrepreneurs.

Regrettably for many young Kenyans, employment opportunities have failed to match the numbers of youth graduating from schools and institutions of higher learning. At least 9 million Kenyans, 32 per cent of the population, fall into the category of “youth”. These are young women and men aged 15-34 years, yet only 25 per cent of them are formally employed. Thus far, the government has spelled out the urgent need to address youth exclusion and marginalization, putting in placehighprofileprogramstoexpandeconomicopportunitiesforyoungpeopleincluding the Youth Enterprise Fund and the Kazi kwa Vijana (Work for Youth) initiative.Evenso, theseeffortsareby themselves insufficient toaddress theyouth unemployment and alienation.



Government statistics shows that there are more males than females in employment across all economic sectors. By far, most Kenyans are self-employed in either the informal or agricultural sectors. Moreover, social security coverage is still low compared to the extent of the need as it does not cater for informal sector workers, the most vulnerable groups and smallholder agricultural workers neither does it comprehensively address social security needs of those covered. HIV/AIDS has also exacted a painful toll on the lives of many people and families, although there are signs that its spread is being curbed.

Even where food is available, many Kenyan households do not have enough. Food insecurity in the country is caused and aggravated by poverty, over-reliance on rain-fed agriculture, weather variation, crop failure, high food and production prices, livestock disease,andpost-electionconflict,amongotherfactors.Foodinsecurityhasremainedone of the leading causes of malnutrition among children. Kenyans living in the arid and semi-arid lands (ASAL) have been particularly vulnerable to food insecurity. The countrystilllacksaneffectivefoodaccessandfoodsufficiencypolicytoaddressthesechallenges.

While there have been some important achievements in environmental management in the country, major challenges such as deforestation, soil erosion, coastal degradation, poor sanitation and refuse management, industrial pollution and over-reliance on fossil energy sources persist. There is also the growing challenge of climate change-related natural resource depletion as well as environmental degradation and emergencies. Managing some of these environmental concerns requires a cross-sectoral approach by government and all stakeholders as they exert detrimental pressures on health and agriculture, among other areas.

In 2006, the Vision 2030 Policy Framework for national development was launched with the aim of transforming Kenya into a newly industrializing, middle-income country by 2030. To date, Vision 2030 is largely hinged on physical infrastructure development as the large number of ongoing and planned projects under that portfolio attests. Theimplementationofthefirst four-yearplan(2008-2012)ofVision2030hasseenthe ongoing dredging and deepening of the Mombasa Port, the commissioning of the ambitious USD 24 billion Lamu Port-South Sudan-Ethiopia Transport (LAPSSET) Corridor project, the rehabilitation of water catchment areas and the expansion of the road network around the country. New road, rail and air facilities are being developed and improved to better connect the country, while new irrigation projects as well as two large clean energy projects based on wind power and geothermal generation have beeninitiatedunderthefirstphaseoftheVision2030framework.



While there is no doubt that Vision 2030 can make important contributions to the transformation of local economies, it does not adequately incorporate human development outcome indicators. Moreover, there has been little to no discussion on the impact to potential human rights, such as evictions, that might result from the implementation of some of the planned, large infrastructure projects. Vision 2030 also faces challenges on how to harmonize its sectoral approach to development (with emphasis on investment in key sectors) with the spatial approach adopted by the county government model that seeks to invest resources in all the counties.

Also of concern is the global and national trend of privatization of the delivery of key services such as water and sanitation. In Kenya, the state has promoted commercialization in the management and provision of water services in the last decade.While therehasbeen some improvement in theefficientdeliveryofwater in some cases, commercialization in Kenya has also been accompanied by additional costs. Commercialization has left the poor even more vulnerable to exploitation by cartels in the water business. Since water is linked to adequate sanitation, the additional costs, as a result of commercialization, has meant poor sanitation for the poor, particularly those living in urban areas.

4.5 Marginalized Groups

The new constitution outlaws discriminatory treatment on the basis of sex and has several provisions aimed at empowering vulnerable groups, including women and girls. In reality however, women and girls continue to be especially vulnerable to discrimination, violence and sexual attacks, exploitation and harassment, in addition to harmful cultural practices including female genital mutilation and early and forced marriages. Cultural attitudes and low levels of education impede women’s participation and representation in decision-making as well as their lack of access to economic opportunities, in particular ownership of land. Even though there have been successful attempts to promote women’s literacy, there are more illiterate women in Kenya than men. While there is near parity in girls’ and boys’ enrolment in primary schools, more boys than girls progress to tertiary education.

Some groups such as those living in pastoralist regions and hunter-gather communities such as the Ogiek remain largely impoverished and excluded in the provision of most basic services. Although there is increasing legal and policy visibility of these groups, they continue to score poorly on all socio-economic indicators.



4.6 National Legal and Policy Environment

There have been notable improvements in recent years in government policy responsiveness, transparency and engagement with the public. For example, many government ministries and agencies have websites with up-to-date downloadable policy documents and budgets. Public policy debate has also appreciably improved. While there is a competent government bureaucracy in place however, policy implementation continues to be hampered by lack of adequate resources, bureaucratic inefficiencies, corruption and politicaluncertainty.

In the lastfiveyearsorso, theKenyangovernmenthasadoptedpoliciesandenacted key legislation that significantly frame the terms and parameters forESC rights realization. For civil society groups working on human rights, the legislation and policies provide an important framework on which to build for future advocacy. Emerging priority areas for Hakijamii in the next phase will therefore focus on the following:

Right to housing: The acknowledgement of the right to housing in the Constitution 2010 and in other policy sources, such as the Sessional Paper on National Housing Policy of 2004, provides a hitherto unavailable platform for promoting the realization of this right. Even so, there are serious gaps in the policy framework available to address the right to accessible and adequate housing rights. Furthermore, many Kenyan households, particularly those in urban areas, live in sub-standard, unsafe housing in informal settlements. Seldom do they enjoy security of tenure and are therefore vulnerable to forced evictions, a concern which is now receiving policy attention from the ministries of land and housing. These dwellings often lack electricity, water and sanitation facilities, important elements for the right to housing. Poverty and unemployment also complicate the possibilities for citizens. This is further compounded by the absence of an effective subsidy system for the poor. Although the market for middle-and-high cost housing continues to grow steadily, low-income earners, particularly those in urban areas, generally lack access to quality, safe low-cost housing. Ethnically and racially-inspired discrimination practised by landlords has also been observed in some parts of the urban areas.

Right to water and sanitation: A sophisticated legal and policy framework to guide water sector development has evolved over the past eight years, contributing to the expansion of water and sanitation coverage across the country. Bore holes and water distribution systems are being constructed in many parts of the country, including ASAL areas where there is a pressing need for safe, drinking



water. However, this process remains riddled with inefficiencies, corruptionand mismanagement. Many residents of urban informal settlements do not have access to safe, piped water. Water tariffs for the poor in urban areas are considerably higher than for the middle class. Moreover, water conservation remains in its infancy, with little incentive available to encourage households and businesses to invest in water harvesting and storage. The current legislation and policy on the right to water has no clear comprehensive provisions for the progressive realization to the right to water and sanitation as provided for under the Constitution 2010.

Right to food: A fairly comprehensive policy framework is gradually evolving to promote agricultural production and to enhance food security. The National Land Policy and the Fertilizer Cost-Reduction Investment initiative are examples of public policies aimed at streamlining agricultural land management and production with potential to improve food security. Despite these (and other related) policy interventions, food insecurity has continued to be a problem, particularly in the arid and semi-arid lands (ASAL) regions. In fact, in 2008-2009 the government estimated that 10 million persons in ASAL regions were at risk of starvation. Food insecurity is aggravated by poverty, over-reliance on rain-fed agriculture, weather variation, crop failure, high food and production prices, livestockdisease, and thepost-electionconflict, amongother factors.Food insecurity remains a major problem for the urban poor as prices continue to rise. Child malnutrition in urban areas is often worse than in rural areas because of the extremely poor sanitation in informal settlements. Absence of a comprehensive legislative and policy framework for the realization of the right to food remains a major challenge.

Right to education: The policy of free primary education has expanded education services to more and more children since it was initiated in 2003. Nearly 90 per cent of all primary school-going children are now in school. However, boys continue to perform slightly better than girls at both the primary and secondary levels, mainly because of long-standing gender biases such as the unaddressed negative cultural attitudes to girls’ education and early marriage, among other factors. Other non-fee barriers to access include extreme poverty in both rural and urban areas. Although the government has invested in hiring more teachers and constructing and equipping more primary schools, the strain on the system caused by growing enrolment rates has led to reduction in the quality of curriculum delivery. In addition, the secondary school system has not been expandedand/ormodifiedsufficientlytoabsorbthe largenumberofchildrentransiting from primary school. Only university enrolment rates remain low due to the limited number of university slots and the high costs. While there are



as many as 750 youth polytechnics in the country that offer practical skills-based training programs, these are generally under-resourced, run down and mismatched with market demands. While the Constitution provides for the right to free and compulsory education, no legislative or policy measures have been adopted to translate this into an enforceable right.

Land rights: The adoption of the National Land Policy provides a fresh framework for reforming Kenya’s land resources management system, and thereby, improving the protection and promotion of land rights by infusing greater equality in the enjoyment of land rights. All said however, land demarcation has not been completed in many parts of the country, denying many Kenyans security of tenure. Land administration continues to be corrupt, encouraging illegalandirregularallocations.Womenownjustfivepercentofalllandholdings,even though the Constitution 2010 promotes promote gender equality in all spheres, including the enjoyment of property rights.

Over the past few years, however, the Ministry of Lands has repossessed public land in several urban areas that had been irregularly allocated to politically-connected individuals. However, it is yet to embark on the systematic repossession ofallillegallyandirregularlyallocatedpubliclandthatwasidentifiedintheJune2004 Report of the Commission of Inquiry into Illegal/Irregular Allocations of Public Land. At any rate, it is likely that in the near-to-long-term land will remain an issueofmajorconcern formostKenyansandasignificantdriverof inter-ethnic/regionalconflictsinKenya.

Right to health: The Kenyan media is replete with reports of patients detained in public hospitals because of unpaid bills. Quite often it has required a public outcry, sometimes political intervention, to get such patients released. But the message isonlytooclearforthem–thepublichospitalisnolongerthefirstoptionforthe poor seeking health care. The Constitution of Kenya 2010 is among the most progressive constitutions in Africa. It provides for the right to health care services. The Constitution obligates the government to take legislative, policy and other measures to achieve the progressive realization of the rights, including the right tohealthbutthishasyettobedonetherebymakingitdifficult,especiallythepoor,togainanytangiblebenefits.Moreovermostpublicfacilitiesareseverelyunderfunded and doctors underpaid, resulting in lack of motivation and frequent strikes. A comprehensive policy and legislative framework is urgently needed to ensure that the right is fully realized. Most governments, including Kenya, have declared that their citizens should enjoy universal and equitable access to good quality health care. However, the achievement of this goal has remained elusive,



since there are still huge disparities between the rich and the poor with respect to access to health care services and health status.

Right to social security: In many parts of the world, Kenya included, social security systems have been challenged. Some consider the systems too expensive, and a hindrance to the process of economic growth and development. Although the Constitution 2010 recognizes the right to social security, a number of gaps remain. The social security system under Kenyan laws remains largely ‘employment-centred’. Almost all the benefits that are derivable from thevarioussocialsecurityschemes–healthcare,unemployment,sicknessbenefits– can only be accessed by persons or dependents of persons who were or are employed. The system of social security in Kenya favours employees and employers who can make periodic contributions to the social security schemes. In the process, it discriminates against certain categories of employees such as casual workers and others in the ‘informal sector’ where the majority of Kenyans work. The social security protection envisaged under Kenyan laws does not recognize or make any provision for vulnerable groups such as refugees, asylum seekers, internally displaced persons, etc. The National Social Security Fund (NSSF) and the National Hospital Insurance Fund (NHIF), which are the twostatutoryflagshipnationalsocialsecurityschemesthatoughttobebasedontheprinciplesofaffordabilityandsolidarityasopposedtoprofit,havealotofoperational problems. It is thus apparent that the policy and legal framework in Kenya as relates to the right to social security is fraught with shortcomings and is largely inconsistent with international human rights standards and principles.

The National Budget process: Across-cuttingissueonthefulfillmentofallhumanrights is the availability of adequate resources. Over the years, Hakijamii realized the significant role that allocation of resources plays in the realization of allhuman rights, especially economic and social rights. It started its budget work in 2005 by raising awareness among community groups on the importance of the National Budget to the improvement of their livelihoods. This culminated in the highly successful Annual People’s Budget sessions which were adopted by many other organizations. The coming into force of the Constitution in 2010, not only guaranteed a raft of human rights, but also introduced a radical change in the National Budget process by embodying effective people’s participation. This compelled Hakijamii to rethink its work on the National Budget. It became clear that under the present system it is more effective to directly link the budget with implementationofspecificpolicies.ConsequentlyHakijamiiwillbecomemorefocused in providing relevant information to all stakeholders to enable them ensurethatadequatefinancingandmonitoringofallocatedfundingisbeingdonefor policy implementation.



5.0 Hakijamii’s Strategic Approach

Hakijamii’s uniqueness is rooted in its conscious recognition that communities are best placed to promote and advocate for their own rights. This recognition informs Hakijamii’s strategic decision to strengthen and amplify the voices of the communities by unlocking their power to effectively claim their rights. Hakijamii’s approach has consistently ensured that it does not appropriate the voice of communities, by for instance, refraining from making itself their media “spokesperson”. Hakijamii seeks to foster effective networking among communities by offering them neutral spaces for dialogue among themselves and with government and other actors.

Hakijamii primarily collaborates with local, self-driven community initiatives by marginalized groups in Nairobi, Kisumu and Mombasa. Lately, it has started working with groups in some of the most neglected areas like Garissa, Lamu and Turkana. Its approach places emphasis on collaborating with organized community groups.

Essentially, the communities own their problems and Hakijamii’s role is to accompany them in their efforts to clarify the nature of the problems they face and to frame appropriate interventions. In so doing, the organization shares its knowledge, experience and expertise in the fieldof ESC rights, providingrequired capacities, information, advice and solidarity. This is premised on the belief that genuine partnerships are based on mutual respect and recognition of the latent potential within the communities themselves.

Hakijamii is aware of and engaged in thinking through the issues of the power relations in its relationship with communities. Although these are in many instances tilted in favourofHakijamii, theorganizationconstantlyreflectsonthis relationship and seeks ways of prioritizing the agenda of the communities. Hakijamii is aware of the risk of being inadvertently paternalistic and prescriptive in its dealings with communities. On the other hand, the organization has to constantly balance the principle that communities reserve the right to decide how they want to address their problems with the risk that community interventions might be inadequately conceptualized and poorly implemented. Hakijamii’s solution to this identity challenge is for both itself and the communities



to attempt to internalize “the other” as part of the “self” to enhance mutual understanding and cooperation.

Second, Hakijamii has embraced and invested in networking and partnerships as indispensable organizing tools and approaches for carrying out human rights work. It has supported communities to coalesce into networks to increase the impact of their work on ESC rights issues. For instance, the diverse composition of the Hakijamii-driven Land and Housing Coalition has enabled its members to combine their intellectual, lobbying and material resources to reach policymakers in Government and Parliament. By working with and through civil society networks and communities, Hakijamii can share knowledge and information and pool expertise and other capacities.

Hakijamii has cultivated strategic partnerships with both national and international actors and plays key leadership roles in broader local, national and international networks on ESC rights. It acknowledges that existing community-level networks are important entry points for promoting informed and genuine community participation in human rights initiatives. Community-level networks partnering with Hakijamii include: Kutoka Network; Muungano wa Wanavijiji, Nairobi Youth Congress; Nairobi People’s Settlement Network, Miss Koch, and Kisumu Social Rights Association (KISORA). At the national level, Hakijamii has cemented policy advocacy partnerships with a network of about a dozen human rights and governance lobby’s including: Amnesty International-Kenya; International Commission of Jurists-Kenya (ICJ-Kenya); Kenya National Commission on Human Rights (KNCHR); Kenya Human Rights Commission, Kutoka Network, Kituo cha Sheria; Maji na Ufanisi; National Taxpayers’ Association (NTA); Pamoja Trust and Umande Trust. At the international level, Hakijamii continues to play a central role in the International Network for Economic, Social and Cultural Rights (ESCR-Net) and has established a new partnership with the International Budget Project on budget work.

CHAPTER 6



6.0 Reflecting on Hakijamii’s Achievements

From an idea eight years ago, Hakijamii has now grown into an institution with recognized expertise and respected leadership in ESC rights work, with partners at the community, national and international levels. Over the years, Hakijamii has developed competence and programmatic expertise in the broad fieldofESCrights.Theorganizationhasmanagedtoattracthighlyqualifiedandcommitted personnel.

Thelastfiveyearsinparticular,haveseenHakijamiiprovideleadershipinkeyareas such as housing and land rights in Kenya at a time when the country was undergoing a turbulent and uncertain political and constitutional transition. The lessonsofthelastfiveyearsinparticular,andoftheeightyearsthatHakijamiihas worked on ESC rights are important in planning for the next phase of the organization’s work.

6.1 Policy Advocacy Leadership

As the key organization dedicated to the promotion of ESC rights in Kenya, Hakijamiihasassumedaleadingroleinpolicyadvocacy.Inthelastfiveyearsinparticular,Hakijamiicontributedsignificantlytothegovernment’spolicychangeand formulation processes as well as the constitution making and constitution implementation in a number of areas, including land and housing. Even before economic and social rights became constitutionally recognized in 2010, Hakijamii was already a central actor in the coalition of groups involved in promoting these rights. Besides providing technical inputs into the assessment frameworks of economic and social rights, Hakijamii provided leadership in civil society interventions on the government’s policies on economic and social rights.

Hakijamiimade significant impact byworking through networks.Through itsleadership of the Land and Housing Coalition, Hakijamii has been able to make critical inputs in some of the official policy-making processes addressing theissues of housing, forced evictions and land ownership and user rights.



On housing, Hakijamii has provided leadership in assessing the realization of the right to adequate housing in the country. The organization’s leadership in advocating for a policy framework on forced evictions is now well established. Hakijamii has consistently advocated for the adoption of guidelines on evictions to avoid the inhuman and cruel practice of forced evictions prevalent in Kenya. Thispioneeringworkonevictionshassignificantlydrawnfromtheinputsofthecommunity partners as well as the national and international networks with which Hakijamii works. The policy partnership between the Land and Housing Coalition on the one hand, and the Ministry of Housing and the Ministry of Land on the other, has also allowed Hakijamii and the Coalition to make substantive inputs into the pending Community Bill, the Eviction and Resettlement Procedure Bill, the Slum Upgrading and Prevention Policy, Housing Bill and the formal recognition of the network by the United Nations. The success of the Land and Housing Coalition is due in part to the priority given to its institutionalization and the centrality of joint planning and consensus building. In addition to having a code of conduct, the network is properly resourced, has a rotational leadership mechanism and holds regular meetings.

6.2 Innovative Impact Litigation

Hakijamii has innovatively blended its community partnership work with impact litigation aimed at expanding the opportunities for realization of ESC rights. In a test of the new constitutional provision on the right to housing, Hakijamii obtained court orders to stop the eviction of hundreds of people in Garissa as well as securing an award of hundreds of millions of shillings as damages forthevictims.Thecasehasmadeasignificantcontributiontotheemergingjurisprudence on ESC rights in Kenya.

Although Hakijamii recognizes that judicial mechanisms for enforcement of ESC rights are important it is also aware of its limitations particularly in the context of widespread poverty. Consequently, it has joined other international organizations under the auspices of the International Network on Economic and Social Rights in seeking other strategies to help in the implementation and enforcement of economic and social rights.

6.3 Strengthening and Amplifying Community Voices

Hakijamii has cultivated excellent relationships with community partners, enabling them to emerge as leading ESC rights advocates, and focusing on economic and social rights by identifying solutions to address public service



delivery gaps around these issues. In particular, it has taken important steps to help marginalized communities share their concerns on issues of economic and socialrights,voicetheirneedstorelevantlocalandnationalgovernmentofficesand to engage in national policy dialogue processes. Hakijamii has also succeeded in linking community partners to national and international civil society networks focusing on ESC rights as well as in holding the government accountable on its obligations on economic and social rights.

A priority issue in Hakijamii-community relations is information sharing. Through various publications, including research reports, policy position papers, training manuals and popular versions of legal and policy texts, Hakijamii has consistently created public awareness on ESC rights issues, thereby providing communities with critical information to engage duty-bearers in dialogue.

Hakijamii encourages community partners to rely as much as possible on locally available resources to carry out their dialogue meetings and activities. This approach has enabled several communities to work more effectively within their means and to better focus their activities to meet their own needs and interests. Several nationally-oriented civil society organizations working in informal settlements in urban areas have successfully replicated this particular approach.

6.4 International Advocacy

Increasingly, Hakijamii has recognized the need to integrate international advocacy into its projects and programs, encouraging governments and international organizations to adopt enabling policy measures. It works with governments, United Nations human rights institutions, other multilateral organizations and stakeholders at global, regional and national levels, to actively promote change. The goal ofHakijamii’s global advocacy is to influence national, regional andinternational policies that affect the lives of the poorest and most vulnerable communities through coordinated and joint actions with its partners.

To date, much of Hakijamii’s global advocacy work focuses on the UN Human Rights Monitoring bodies, especially in relation to economic and social rights. In this regard Hakijamii has consistently engaged with the UN Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women.

In the next phase Hakijamii intends to expand its global advocacy by engaging with key donors, international policy making institutions and technical assistance organizations.



7.0 Reflecting on Hakijamii’s Challenges

7.1 The New Constitution and the Challenges of Implementing the New ESC Rights Framework

Human rights groups face a serious challenge of determining the type of indicators that will be applied to track progress on ESC rights implementation. It will also take time for groups such as Hakijamii to make a demonstrable impact in building thecapacityofjudicialofficialstoaddressESCrights-relatedcases.Moreover,itwillbedifficulttomanagethegreatexpectationsofKenyans,manyofwhomexpect to see tangible outcomes quickly delivered from the new set of ESC rights in the Constitution. Implementation and enforcement of economic and social rights will therefore constitute a core intervention of Hakijamii’s work in the coming years. Similarly the emergence of the devolved system of government also demands that Hakijamii must respond to this new development by creating strategic linkages with local community and other groups in the counties.

7.2 Building Effective and Sustainable Community Partnerships

As a learning organization, Hakijamii continues to grapple with the implications of some of the organizing concepts – such as the notion of “communities as people’s movement” – that it has relied on since its inception. Over time it has become apparent that the uncritical adoption of ideas such as “the people’s movement”, can lead to unwarranted assumptions about people that can lead to faulty interventions. For instance, the application of the idea of “the people’s movement” by human rights groups has often failed to take into account the nuances of the complex competing interests between people, their differing interpretations of rights and the contradictory but real tendency of marginalized groups to reproduce oppression within their structures and practices.

Hakijamii’s community-focused human rights projects are not immune to the wider economic problems, such as poverty and unemployment. The organization has continued to grapple with the issue of conceptualizing how it can innovatively



link its human rights advocacy to the practical livelihood and basic service challenges experienced by beneficiary communities. In this regard Hakijamiiprioritizes contingency planning that would allow it to rapidly intervene to address human rights violations, such as evictions or lack of basic needs. To make human rights truly indivisible, Hakijamii intends to fuse its community advocacy work with practical interventions that would assist marginalized groups to move towardsthefulfilmentoftheserights.ConsequentlyHakijamiiintendstohelpinestablishing innovative and integrated community human rights centres that will not only assist community groups to access such rights as water and sanitation, but also be used as strategic empowerment nodes for marginalized communities.

Similarly, further investment is needed in terms of time and resources to understand power dynamics within communities. For instance, the “gatekeeper” phenomenon remains a challenge for Hakijamii’s work at community levels. There are also challenges experienced in the coordination of work undertaken by communities, which include poor communication between Hakijamii and the communities.

In addition, the issue of competition by national-level civil society groups in local activities continues to be a challenge. For groups like Hakijamii, there is always the risk that it may be viewed by communities as part of the broader group of external civil society actors that manipulate community grievances for their own benefit.

7.3 Policy Advocacy

PreviousstrategicphasesofHakijamiihavenotpaidsufficientattentiontotheneed for the organization to generate policy relevant research to inform its policy dialogue work as well as its general programming on ESC rights. Thus far, Hakijamii does not have a dedicated research unit to provide data and information that can be used to frame advocacy interventions.

The question of research is tied to the challenge groups such as Hakijamii face in developing and adopting an “integrated perspective” to addressing public policy issues that often have complex, sometimes unseen linkages, which elude narrow project frameworks. Because policy advocacy tends to be a long-term process, thereisthedifficultyofdevelopingreliableprogressmeasures.

Hakijamii also realizes that public cooperation and support for its policy advocacy initiatives on ESC rights issues is partly dependent on its ability to mobilize



public opinion. However, the organization is yet to design a strategy for making its work more visible in public. This will be a key priority area.

7.4 Potential Political Impediments

Acombinationof insufficientpoliticalwilltoundertakehumanrightsreformsand a poor human rights enforcement framework continue to be obstacles to Hakijamii’s ESC rights agenda. The organization is also aware of the challenge posed by ethnicity, particularly after the 2007/2008 post-election violence. The ethnicized character of the denial of rights has led partly to evolution of ethnicized community advocacy groups that have tended to align themselves to the varying ethnic dynamics in different informal settlements.

Although devolution has the potential to enhance the protection and promotion of ESC rights, new, emerging county identities could possibly weaken or displace existing national human rights movements. Moreover, counties could become new arenas for exclusion that might generate a new set of human rights problems.

7.5 Programming and Organizational Issues

In the previous strategic phase, a number of challenges complicated programming at Hakijamii. Key among them has been its inability to consistently follow up on trainings and other activities due to lack of adequate personnel and resources. Considering the urgency imposed by project timelines, Hakijamii is not always abletosufficientlyconsultitscommunitypartnersinitsplanning.

Programming effectiveness has also been affected by the lean staff corps within Hakijamii,andtheunavailabilityofcriticalresourcessuchasanofficevehicle.Inthe last phase, program meetings have not been held consistently, sometimes occasioningnon-adherencetosetworkplans.Therealityofrisinginflationhasalso had an adverse effect on budgeting.

It is also clear that while Hakijamii has provided valued capacity strengthening to its community partners, investment in post-training follow-up activities has been low and inconsistent. Moreover, while Hakijamii has supported community initiatives to network their advocacy strategies and interventions, some communities are yet to take full responsibility for the operation of their own networks. In addition, in most communities where Hakijamii works, men continue to dominate the governance and operations of these formations.



Another key challenge that Hakijamii and similar groups face is organizational sustainability, which is threatened by the ongoing decline of international development assistance as a result of the current economic crisis in the West.

CHAPTER 8



8.0 Emerging Issues and Opportunities

In the period 2013-2016, Hakijamii will take into account the community, national and international developments that have transformed the context of its work. These developments have not only presented new challenges, but also provided new opportunities in promoting the realization of ESC rights.

8.1 New Issues in ESC Rights Advocacy

Hakijamii recognizes that there are opportunities to deepen its community and policy advocacy work on the implementation and enforcement of economic and social rights in which it already has competence and experience. Some of the unexplored dimensions to the realization of these rights include the decision-making processes and accountability of the many organs and institutions relevant to these issue areas. Devolution presents both a challenge and an opportunity. Hakijamii will strive to create strategic linkages with community groups and other partners in selected counties to deepen its work on economic and social rights.

In its work on land and housing, for example, Hakijamii has recognized that it must engage with the issue of rapid urbanization that has resulted in the mushrooming of many informal settlements and urban poverty and marginalization. Questions of poverty and exclusion will thus continue to be of great concern to the organization. Similarly, issues relating to states’ extra-territorial obligations, especially at this time, of heightened global competition for resources, has assumed significant importance. These are areas that Hakijamii intends toengage in.

The National Budget is now widely recognized as an important tool for converting policies and laws into programs of action. It is also a vital component in the progressive realization of economic and social rights. Hakijamii will expand its workonbudgetingtospecificallyincludeprojectsthatlinktheNationalBudgetwith policy implementation.



In the new strategic phase, Hakijamii will also explore the possibility of expanding its knowledge on new areas including the right to education, food, health, labour rights and social security.

Most of the Kenya government’s investments in development have been driven by Vision 2030. With its large infrastructure projects such as ports, railways, airports and roads, the development strategy is shaping ESC rights in Kenya. In some places, questions of community ownership of land designated for Vision 2030 projects has emerged. Hakijamii will seek to provide policy interventions into the Vision 2030 implementation to ensure that it is in conformity with human rights protections.

8.2 Linking Livelihoods to Rights

Hakijamii recognizes that the realization of ESC rights is closely linked to the nature and structure of local, national and international economies. While livelihood issues are not the core mandate of Hakijamii, they are inescapable when addressing rights in the context of indivisibility of rights. To this end, Hakijamii will explore possibilities of linking up communities with opportunities for livelihoods improvement such as access to water and sanitation services, health care, food and community savings schemes.

Hakijamii will also encourage communities to bring a more critical perspective to the understanding of the political economy that frames how they experience economic, social and cultural rights. Communities will be encouraged to appreciate the multiple routes to realization of some of the rights, such as leveraging responsible public and private sector investments in their communities.

8.3 Implementation of the ESC Rights Provision of the Constitution 2010

With ESC rights and the rights to public participation and information now providedforintheConstitution2010,groupssuchasHakijamiinowfindthatthey are uniquely placed to collaborate with citizens to ensure that they are enforced. An immediate concern is the strengthening of the judiciary’s capacity to adjudicate on ESC rights. Hakijamii is well placed, in partnership with other organizations, to play a leading role in helping the Government and the civil society to develop tools and mechanisms for monitoring and reporting on the progressive realization of economic, social and cultural rights.



In addition, Hakijamii intends to provide technical capacity and support to groups seeking the judicial enforcement of ESC rights by sharing its litigation experience. The organization will also harness expert input into such processes from its international partnerships and networks. Hakijamii will continue to undertake impact litigation to strengthen the jurisprudence on ESC rights and expand the opportunities for realization.

This new ESC rights framework opens up new opportunities for organizations workinginthefield.Withmoreactorsjoiningtheplayingfield,therearenewopportunities to build broader community-based, national and international ESC rights movements.

8.4 Devolved Governance

The county governance framework created by the Constitution 2010 dictates that Hakijamii and similar organizations must pay attention to county government structures and programs. Consequently, Hakijamii plans to engage the different county governments in policy development on issues such as land, housing, education, water and sanitation and health rights. In particular, Hakijamii will lobby and provide support to county governments to help them align their policies to the Constitution, national-level laws and policies that promote the realization of ESC rights.

Hakijamii is aware of the possibility that the introduction of county governments may change conceptions and understanding of citizenship in certain parts of the country with the risk of generating new systems of discrimination. Hakijamii intends to pre-empt such risks by creating greater public awareness and understandingofthepotentialbenefitsofdevolution,aswellastheconstitutionalimperatives of non-discrimination. In addition, Hakijamii will work to strengthen the capacity of targeted local communities to participate in policy dialogue and decision-making processes relating to ESC rights issues within the respective counties

8.5 “Accompanying” Communities in their Struggles

Over the years, Hakijamii has learnt that its work with communities has to pay much more attention to local power relations and dynamics. For instance, the organization has learnt that the reality and impact of ethnicity in communities



should not be taken for granted as community formations often evolve around interests,includingsharedethnicaffiliations.Whileorganizingaroundethnically-definedinterestsisfine,theapproachmightbecomeproblematicwhenittendsto encourage exclusivity. Hakijamii will therefore pay attention to questions of power distribution, power relations and diversity in its work with communities in the next phase of its Strategic Plan.

In the next phase, Hakijamii will continue to invest in improving the capacity of community-based partner organizations to play an oversight role in the implementation of devolved governance and monitoring other reform processes. There is also an urgent need to improve the capacity of women to make useful contributions to the work of these organizations (and networks).

Hakijamii will explore the possibility of helping its community-based trainers to expand their networking and leverage resources for their own activities.

Hakijamii believes in the potential of new ICT technologies to expand the scope and sustainability of access to information as well as community participation in local governance. Hakijamii will therefore leverage new mobile phone-based technologies, such as Twitter, to introduce new ways of operating and opportunities to build substantial new capacities for the communities to monitor local governments as well as to share information and experiences among themselves.

8.6 Civic Education on ESC Rights

Two years since the adoption of the Constitution 2010, public understanding on the economic, social and cultural rights provisions contained in the document remains low. In the 2012-2017 phase therefore, Hakijamii intends to develop programs to create more public awareness on these provisions, and especially on how communities can take advantage of these in their struggles. Public awareness creation will be complemented by the education of both national and county-levelofficialsontheirrolesasduty-bearers.

Hakijamii will also invest and cultivate relationships with universities to encourage them to incorporate ESC rights in training and research in the fields of law,economics, social science and urban planning.



8.7 Networking and Partnerships

Networking as an idea and an approach has become indispensable to effective execution of Hakijamii’s work as it helps in knowledge and skills sharing as well as expanding the constituency for change. In the next phase, effective networking will require careful planning and adequate funding for operations. Hakijamii will also pay more attention to development of principles to guide its networking and partnership activities. Hakijamii intends to explore new partnerships that can provide intellectual and technical support to its work, provide new policy advocacy opportunities and also opportunities for resource mobilization.

8.8 Research

Through its work in the last strategic period, Hakijamii has recognized the need for strong research capacity to drive its advocacy work. It is clear that the next phase of human rights promotion in Kenya will require strong technical expertise, comprehensive and reliable data and information. Without data and research itwillbedifficult toassess theprogressiverealizationofESCrightsor to enforce these rights. Consequently, Hakijamii intends to strengthen its internal capacity for research, monitoring and documentation, and also build partnerships with institutions that can provide the relevant research support.

8.9 Legal and Policy Advocacy

Severalapproacheswilldefinetheorganization’slegalandpolicyadvocacyinthecoming years. Hakijamii will probably be sought by certain government agencies and civil society actors to provide leadership in the development of legislation aimed at implementing the ESC rights provision contained in the Constitution 2010. Part of this may require patiently cultivating and socializing its own Parliamentary and other policy partners to become ESC rights champions.

There are promising signs that Hakijamii’s pioneering test cases on ESC rights cases will usher in new horizons for the realization of these rights. Consequently, Hakijamii will need to invest resources into strengthening its capacity to provide litigation advice on ESC rights. Beyond litigation, Hakijamii intends to focus on developing mechanisms to ensure implementation of court decisions on ESC rights.



The Constitution 2010 also provides Hakijamii with an important opportunity to develop initiatives that promote issue-based politics. So far, there has been insufficientpressurefromcivilsocietytocausepoliticalactorstoincorporateESC rights (and related issues) into their political platforms.

Since its establishment, Hakijamii has done commendable work as far as making inputs in international policy process on issues on ESC rights. However it will seek to enhance its engagement with the United Nations Human Rights Treaty System during this strategic phase.

Effective legal and policy advocacy is partly dependent on an organization’s capacity to publicly profile its ideas and recommendations. Hakijamii willtherefore collaborate with its communities in jointly developing a media strategy thatstrikesthemostappropriatebalance inbringingthetwosidestoprofileESC rights work in the media.

8.10 Engaging the Private Sector

Experience shows that the market can be both an enabler and/or impediment to the realization of ESC rights. Hakijamii will explore possibilities of incentivizing the private sector to contribute to the realization of ESC rights as rights rather than charity.

Moreover, given the expansion of markets and investments in Kenya, Hakijamii is aware that the power of the private sector is increasing and that there is need for engagement on human rights terms. To this end, Hakijamii will seek to work with private sector actors to develop business models that promote realization of ESC rights in its areas of operation.

8.11 Internal Governance, Management Structures and Planning Processes

Hakijamii recognizes the need to identify gaps in its programmatic and institutional capacities and competencies. In particular, Hakijamii will in this strategic phase, streamline its governance, management and program implementation structures and systems to improve efficiency and effectiveness.More resourceswill bedevoted to expand and diversify the Board membership and support the members and the management to acquire new knowledge and skills relevant to their mandate.



9.0 Hakijamii’s Vision, Mission, Goal and Strategic Objectives

9.1 Our View of Change

Hakijamii seeks to improve the enjoyment of economic, social and cultural rights by all people in Kenya by supporting grassroots communities working in marginalized areas. Hakijamii’s role is to help widen the space for the operations of these groups. It does not seek to speak for these people’s organizations, but helps them to express and articulate their rights. Its work with communities is premised on the belief and understanding that those who experience the violations are best placed to build sustainable movements to challenge those violations.

Hakijamii recognizes that addressing human rights violations is about redressing the power imbalances at different levels that leave poor people vulnerable to violations. For Hakijamii, therefore, working with grassroots communities involves the analyses of those power relations, designing interventions and strengthening local voices and groups that are committed to addressing these power relations.

Hakijamii’sviewofchangeisreflectedinitsinterpretationofthecontextwithinwhich its human rights work is located and in the kind of partnerships that the organizationhaschosentobuild.Itisalsoreflectedinitsvision,mission,goaland the objectives that the organization seeks to achieve through its strategic plan.

9.1.1 VISION

A society that is free of discrimination, exploitation and injustice



9.1.2 MISSION

To strengthen the capacity of people’s organizations and create space for them toparticipatedirectlyandeffectivelyindefining,advocatingandrealizingtheireconomic, social and cultural rights

9.1.3 GOAL

To promote the realization of economic and social rights through enhanced participation of marginalized groups

9.2 Strategic Objectives

STRATEGIC OBJECTIVE 1: The progressive realization of economic and social rights through enhanced participatory and accountable policy, legislative and making use of national and international instruments

Expected outcomes:• Improved policy and legal protection and enforcement of the rights to

housing, social security, health, education and water and sanitation • Improved implementation and enforcement of the rights to housing, social

security, health, education and water and sanitation • Enhanced standards of living for people living in marginalized areas• Expansion of coverage of social services • Enhanced public understanding on how to claim and secure the rights to

housing, social security, health, education and water and sanitation

Strategies: • Launch public interest litigation on ESC rights (housing, social security,

health, education and water and sanitation) • Develop policy position papers on the rights to food, health, water and

sanitation, education, and social security• Develop tools for documenting progressive realization of ESC rights

(housing, social security, health, education and water sanitation)• Monitor government compliance to the realization of ESC rights (housing,

social security, health, education and water sanitation)



STRATEGIC OBJECTIVE 2: Partner communities effectively advocating for the realization of economic, social and cultural rights in Kenya using enhanced capacities and knowledge

Expected outcomes:• Communities effectively engaging in national and county level advocacy on

ESC rights issues• Community networks’ advocacy on ESC rights issues targeting new actors,

e.g. private sector • Community networks’ legitimacy and credibility in advocacy enhanced • Hakijamii planning processes sensitive to power/political dynamics in

communities

Strategies: • Support community-led advocacy campaigns on ESC rights (housing, social

security, health, education and water sanitation). • Improve leadership potential of women and other marginalized groups on

economic and social rights advocacy• Incorporate power mapping/analysis in planning for community

accompaniment• Improve capacity of communities to provide oversight in county government

institutions.• Partner with communities to support them to set up savings schemes • Support partner communities to establish community human rights centres

to address access to basic services and enhance community empowerment • Support community networks to carry out capacity audits and develop the

relevant capacity building plans

STRATEGIC OBJECTIVE 3: Vibrant and effective national and international networks and partnerships to strengthen advocacy of ESC rights, improve knowledge and develop human rights-based approaches

Expected outcomes:• Better targeted advocacy on the rights to housing, social security, health,

education and water and sanitation • Successful, broad-based policy partnerships on the rights to housing, social

security, health, education and water • Enhanced solidarity and networking with national and international human

rights organizations



• Apartnershipframeworktodefinetheemergingdoctrineofstateextra-territorial obligations developed

Strategies: • Strengthen networking with regional and international human rights bodies

and institutions. Expand engagement to other international actors such as donors and international technical assistance organizations

• Conductmappingonthepotentialbenefitsofpartnershipswithuniversitiesand research centres, county governments, constitutional commissions, peace workers, religious organizations, humanitarian relief organizations and construction industry professionals, e.g. planners, civil engineers and architects

• Source for adequate funding for network activities• Develop guides on organizational principles on partnerships• Develop a performance measurement system for network-based activities

STRATEGIC OBJECTIVE 4:Recognized leadership in the dissemination of information that shapes policymaking and programming on economic, social and cultural rights issues

Expected outcomes:• Emerge as a national policymaking focal point on the rights to housing, social

security, health, education and water and sanitation • Better targeted networking/partnerships, advocacy and outreach

Strategies: • Implement public information campaigns on targeted economic and social

rights issues• Develop systems for collecting and analyzing data on the rights to housing,

social security, health, education and water and sanitation• Disseminate and publicize well-researched policy position papers• Develop a baseline framework for the implementation of ESC rights advocacy

(right to housing, social security, health, education and water and sanitation)• Develop and publicize well-researched policy position papers on the rights

to housing, social security, health, education and water and sanitation• Establish an interactive platform on the rights to housing, food, social

security, health, education and water and sanitation • Apply baseline research to program design• Develop a communication strategy



STRATEGIC OBJECTIVE 5: Strengthened institutional sustainability and financial security

Expected outcomes:• Availabilityofadequatehuman,financialandrelatedtechnicalresources• Effectiveandefficientprogrammanagementsystemsandprocesses• Enhanced role for women staff in management• Reduction in staff turnover

Strategies: • Develop annual operational plans as a basis for fundraising • Develop an incentive system to recruit and retain competent staff• Establish a staff development program• Expand the Board membership • Develop a Board Charter• Develop and implement a Monitoring and Evaluation Policy• Mainstream gender in management systems and processes• Align the organogram to programming priorities • Establish a performance measurement system to assess implementation of

annual operational plans• Conduct mid- and end-term evaluations of the Strategic Plan

CHAPTER 10



10.0 Implementing the Strategic Plan 2013-2016

10.1 Programmatic Architecture

Hakijamii’s programs are implemented by a team comprising the Executive Director, Program Officers, Finance Officers, Monitoring and EvaluationOfficersandanOfficeAdministratorasshownintheorganogrambelow.

Board of Directors

Executive Director

Finance and Administration Officer

Finance and Administration Reporting

Activity Reporting

Monitoring and Evaluation Officer

Accountant Administrator

Program Coordination

Program Officer (Litigation, Land &

Housing)

Program Officer (Education & Social

Security)

Program Officer (Education &

Social Security)

Program Officer (Policy and Research)

Program Assistant (Community Outreach)

Economic and Social Rights organogram

The Executive Director reports to the Board of Directors, which also provides adviceonprogram-relatedmatters.ProgramOfficersreporttotheExecutiveDirector. As a human rights advocacy organization all staff members will be equipped with the basic skills and knowledge on human rights and advocacy to enable each undertake activities that form the content of its core strategic



objectives.Thisnewapproachinprogramimplementationwillbereflectedinthe revised Human Resource manual. Thus far, the programmatic structure has evolved to allow the organization to effectively carry out its work. However, there have been challenges relating to the lean staff corps, a nascent performance measurement system and an unclear decision-making structure in program implementation. It is likely that the need for more program staff will become even more urgent as the organization expands its focus to align its work to the reality of the new system of county governance.

In the next strategic phase, Hakijamii intends to streamline the program architecture, design and implement guidelines on decision-making and reporting.

10.2 Monitoring and Evaluation

Hakijamii prioritizes the need to track results as a basis for internal decision-making as well as the evaluation of the relevance of its work. The importance of performance measurement to Hakijamii is underlined by its decision to create a full-time monitoring and evaluation position that assists the organization’s departments to develop performance targets. Post-activity evaluations are mandatory to allow program staff to identify opportunities and challenges constantly and consistently throughout project cycles. Hakijamii also has a track recordofdevelopingandpublishingannualreportsonitsactivitiesandfinances.

Hakijamii acknowledges that attributing impact to its own efforts is at best an imprecise science. Nevertheless, it remains committed to developing performance measurement indicators and targets to be used in results tracking. Therefore, Hakijamii will undertake baseline studies as part of its project design activities. Periodic meetings will be held to review project performance and to adjust program implementation. In addition, formative and summative evaluations will be undertaken during the lifetime of this strategic plan in order to inform programming and managerial innovation. A communications and media strategy will be developed and implemented to increase the organization’s visibility.

Staff will also be trained periodically on performance measurement and will be expected to develop individual workplans, which are based on their key result areas. Community partners will also be assisted to document their success stories and lessons learned.



10.3 Institutional Strengthening and Resource Mobilization

Hakijamii is committed to mobilizing the resources required for the successful implementation of this Strategic Plan. Consequently, the organization will fast-track the implementation of its resource mobilization strategy during this strategic phase.

A Board Committee will be established to support the Executive Director’s fundraising work in addition to assessing the potential and modalities of establishing an endowment fund for the organization. Moreover, with its rare expertise on issues of economic, social and cultural rights, Hakijamii could establish a consultancy services unit, which could become a viable income-generatinginitiativethatcansupplementtheorganization’sfinancialbase.

Hakijamii will also work to build resource-attractive networks that can attract the attention of larger, more sustainable funding initiatives. In addition, the organization plans to strengthen its internal capacity to identify and respond to larger grant facilities.

Hakijamii will carry out a staff salary review in order to enable it to develop the kind of incentive structure required to recruit and retain competent staff. In addition, it will carry out a staff capacity audit aimed at establishing a staff development program that improves staff capacity in fields such as policyanalysis. Program staff could also benefit from additional training in strategicthinking and planning to enable them to identify emerging opportunities and to adapt effectively to Kenya’s fast-changing governance context.

11.0 Concluding Statement

Hakijamii’s 2012-2016StrategicPlan reflectswhat theorganizationhas learntfrom consultations, workshops, meetings and day-to-day interactions with its partners and other stakeholders. It is a Plan which guides the Board of Directors and Secretariat in the development of Hakijamii’s Operational Plan.

This Strategic Plan is based on Hakijamii’s Value Proposition, which is to provide a strategic platform to foster support for marginalized groups to effectively claim their economic and social rights and live in dignity. This articulates the fact that Hakijamii is uniquely positioned to promote social movements engaged in realizing and promoting human rights-centred practices and policies.



STRATEGIC AND PROGRAMMATIC FOCUS

Strategic Objective 1: The progressive realization of economic and social rights through enhanced participatory and accountable policy, legislative and making use of national and international instruments

Expected Outcome 1: Improved realization of ESC rights for the marginalized through application of policy, legislative and use of national and international instruments

Output 1.1At least 5 public interest litigation cases lodged

Strategic Activity• Launch public interest litigations on targeted ESC rights

in court• Support communities to undertake follow-up and

monitor implementation of court ruling on cases

Output 1.2Policy position papers on ESC rights developed

Strategic Activity• Develop policy position papers through popular

participation by stakeholders• Undertake research on targeted ESC rights• DisseminatereportfindingsontargetedESCrightsin

Kenya

Output 1.3Monitoring tool being applied to track and document progressive realization of ESC rights

Strategic Activity• Development of national ESC rights realization

monitoring tool • Pre-test and launch of the national ESC rights

monitoring tool

Output 1.4Government compliance to standards towards realization of ESC rights documented and interrogated

Strategic Activity• Development and application of an early warning system

on forced evictions• Development of shadow reports on ESC rights 2013 and

submission to relevant bodies• Organize consultative meetings with key government

officialsonESCrightspolicies

Output 1.5• Analysis of government

budget allocation on implementation of selected policies on ESC rights undertaken and published

Strategic Activity• Undertake annual budget and expenditure analysis

linking policy and legislation on targeted ESC rights• Hold a stakeholders platform for validation of the

researchfindingsonthebudget,expenditureandrecommendations on budget analysis

• Undertake annual follow-up with various parliamentary committees

• Submission of budget petition to the parliamentary committee

• Publicly launch the People’s Budget • Hold joint policy advocacy meetings with key

government ministries to develop relevant policies on ESC rights (housing, social security, health, education and water sanitation)

• Conduct consultative meetings with CSOs, NSAs and CBOs on ESC rights in all the regions



Strategic Objective 2: Partner communities effectively advocating for the realization of economic, social and cultural rights in Kenya using enhanced capacities and knowledge

Expected Outcome 2: Strengthened capacities of partner communities to effectively advocate for the realization of ESC rights in Kenya

Output 2.1Community-led advocacy campaigns on ESC rights supported

Strategic Activity• Facilitate community-based urgent response to forced

evictions Support participation during international/national

events ( e.g. Human Rights Day celebration)• Organize accountability and public hearing sessions with

publicofficialstoenhancetherealizationofESC

Output 2.2Improved leadership potential of women and other marginalized groups in community networks

Strategic Activity• Conduct training for women on leadership, governance

and advocacy on targeted ESC rights• Facilitate capacity building sessions for women on

ESC rights to participate in governance and policy formulation and implementation

Support community groups to participate in an inclusive process in planning, implementation and monitoring of all activities

Output 2.3Improved capacity of communities to provide oversight over county government institutions

Strategic Activity• Organize accountability sessions with National & County

governmentofficialsonissuesofESCrights• Organize public hearing sessions with National &

CountygovernmentofficialsonissuesofESCrights• Develop and support an interactive community

information website

Output 2.4Communities supported through partnerships to set up savings/investment schemes

Strategic Activity• Facilitation of communities to access savings and

investment opportunities available from the public sector, private and within government programs

• Undertake training for community members on savings and investment schemes for sustainability

Output 2.5Community human rights centres established to address access to basic services and enhance community empowerment.

Strategic Activity• Undertake community mobilization and needs

assessment to utilize the information and access to basic services

• Support the construction of the community human rights centres

• Supply the centre with information/knowledge materials and equipment on ESC rights

• Conduct training of community members on ESC rights and management of the centre

• Promote community networking and learning visits to access progress in realization of targeted ESC rights



Strategic Objective 3: Vibrant and effective national and international networks and partnerships to strengthen advocacy for ESC rights, improve knowledge and develop human rights-based approaches

Expected Outcome 3: Expanded national and international networks and partnerships to enhance advocacy for ESC rights, improved knowledge and application of

human rights-based approaches

Output 3.1 Solidarity and engagement with national and international organizations and institutions strengthened

Strategic Activity• Undertakemappingonpotentialbenefitsofpartnerships

between universities,research centres, county governments, constitutional commissions, peace workers, faith-based organizations (FBOs); international and multilateral organizations and professional bodies

• Organize regional/international meetings/seminars with key national and international actors to discuss contemporary issues on targeted ESC rights

• Participation at national and international networking meetings on ESC rights

• Carry out regional and international bench marking visits to learn and exchange programs on ESC rights

Strategic Objective 4: Recognized leadership in the dissemination of information that shapes policymaking and programming on economic, social and cultural rights issues

Expected Outcome 4: Hakijamii as recognized reference centre for information on policymaking and programming on economic, social and cultural rights issues in Kenya

Output 4.1Increased awareness through information and knowledge platform on ESC rights established

Strategic Activity• Conduct public advocacy awareness campaigns• Develop, update, and disseminate IEC materials

(Hakijamiibrochures,newslettersandfliersonslumupgrading, social security policy, review of water bill, health, food security and eviction resettlement bill)

• Strategic media engagement and publicity on ESC rights• Redesign and regularly update the Hakijamii website

Output 4.2Improved information management system for collecting,analyzing and reporting data on ESC

Strategic Activity Develop an organizational communication strategy Develop user-friendly templates for collecting and

analyzing data

Output 4.3Enhancedpolicyinfluencethrough research and position papers publications on selected ESC right issues

Strategic Activity• Undertake research on selected policies on ESC rights• Develop, publish and disseminate policy position papers

on targeted ESC rights issues



Strategic Objective 5: Strengthened institutional sustainability and financial security

Expected Outcome 5: Strengthened capacity of Hakijamii and institutional development for sustainability

Output 5.1Improved institutional capacity on governance and leadership

Strategic Activity• Regular Board meetings and commitment to set

organizational procedures • Participation of Board Members in strategic

organizational events/activities• Expand Board membership• Develop aBoard Charter

Output 5.2Effective and efficientprogrammanagement,Monitoring, Evaluation, Accountability and Learning (MEAL) systems and processes

Strategic Activity• Development of annual operational plans • Provide staff incentive system including training

opportunities and development• Conduct mid-term and end-term evaluation of the

Strategic Plan • Establish a performance measurement system to assess

implementation of AOP• Gender mainstreamed in management systems and

processes

Output 5.3 Improvedhuman,financial,procurement and technical systems

Strategic ActivityRevise and institutionalize the revised policies:

1. Human Resources2. Financial Management

Output 5.4Enhanced resource mobilization for Hakijamii

Strategic Activity• Development and implementation of a Fundraising

Strategy• Development and marketing of innovative concepts and

proposals

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