TABLE OF CONTENTS 1.0 PREFACE………………………………………………………………….. ….1-2 1.1 Committee Membership…………………………………….. …3 -4 1.2 Committee Secretariat…………………………………………… 5 1.3 Acknowledgement…………………………………………………. 6 2.0 Executive Summary……………………………………………………… 7-9 3.0 General Observations……………………………………………………9-39 3.1 Day 1 3.1.1 Pre-Summit event for Specially Abled Legislators 3.1.2 Resolutions and Way Forward for Specially Abled legislators 3.1.3 Pre-Summit event for Youth legislators 3.1.4 Resolutions and Way Forward for Youth legislators 3.2 Day 2 3.3 Day 3 3.4 Day 4 3.5 Day 5 4.0 General Resolutions and Way Forward…………………………39-46 5.0 Prayer……………………………………………………………………………47 6.0 ANNEXTURES……………………………………………………………….48-51

P a g e 1 | 51

ABBREVIATIONS KEWOPA Kenya Women Parliamentarians Association PWDs People with Disabilities KEDIPA Kenya Disability Parliamentarians Association CAF County Assemblies Forum KYPA Kenya Young Parliamentarians Association KEWOSA Kenya Women Senators Association NGEC National Gender and Equality Commission LAPFUND Local Authorities Providence Fund ASAL Arid and Semi-Arid Land SOCATT Society of Clerks at the Table AFIDEP African Institute for Development Policy UNDP United Nations Development Programmes TISA The Institute for Social Accountability SDGs Sustainable Development Goals KNHRC Kenya National Human Rights Commission MLSP Ministry of Labour and Social Protection NCPWD National Council for People with Disabilities KNBS Kenya National Bureau of Statistics MOH Ministry of Health CPSB County Public Service Board CASB County Assembly Service Board KICD Kenya Institute of Curriculum Development CADICA County Assemblies Disabilities Caucus CRA Commission for Revenue Allocation COB Controller of Budget UN-CRPD United Nations Convention on the Rights of Persons With Disabilities

P a g e 2 | 51

1.0 PREFACE 1.1 MEMBERSHIP 1.Hon. Evance Marieba, Ag. Speaker 2.Hon. Edwins Kakach , Ag Deputy Speaker 3.Hon. Walter Muok, Majority Leader 4.Hon. John Njira , Minority Leader 5.Hon. Richard Ogindo, Majority Whip 6.Hon. Dan Were, Minority Whip 7.Hon. Ruth Ombura, MCA 8.Hon. Mary Ojalla , D/Majority Whip 9.Hon. Ellyas Orondo, MCA 10.Hon. Kenneth Oranga, MCA 11.Hon. Peter Kaula, MCA 12.Hon. Godfrey Anyango, MCA 13.Hon. Oscar Abohotee,MCA 14.Hon. James Okeyo, MCA 15.Hon. Julius Nyambok, MCA 16.Hon. Julius Gaya , MCA 17.Hon. David Oloo, MCA 18.Hon. John Kiasa, MCA 19.Hon. Michael Odira, MCA 20.Hon. Nicholas Owaka, MCA 21.Hon. Bob Obondo, MCA 22.Hon. Morice Ogwang, MCA 23.Hon. Jeff Ongoro, MCA 24.Hon. Kevin Onyango, MCA 25.Hon. Nereah Amondi, MCA 26.Hon. Philemon Onditi,MCA 27.Hon. John Matunga, MCA 28.Hon. George Okello, MCA 29.Hon. Joash Achieng, MCA 30.Hon. Raphael Odongo, MCA

P a g e 3 | 51

31.Hon. Nancy Anyango, MCA 32.Hon. Nelly Odek, MCA 33.Hon. Geoffrey Opiyo, MCA 34.Hon. Ellyphallet Osuri, MCA 35.Hon. Peter Juma, MCA 36.Hon. Peter Asoyo, MCA 37.Hon. Charles Awino, MCA 38.Hon. Judith Omogi, MCA 39.Hon. Mary Gaya, MCA 40.Hon. Lorna Owino, MCA 41.Hon. Monoflorita Ondiek, MCA 42.Hon. Pamela Odira, MCA 43.Hon. Amina Osmail, MCA 44.Hon. Jessica Otieno, MCA 45.Hon. Joshua Nyabollah, MCA 46.Hon. Sophie Kowejee MCA 47.Hon. Michael Nyangi, MCA 48.Hon. Paul Adika,D/Minority Leader 49.Hon. Susan Onyango, MCA 50.Hon. Salome Awino, MCA 51.Hon. Evelyne Otieno, MCA 52.Hon. Paul Wamunga, MCA 53.Hon. Paul Okuku, MCA 54.Hon. Philemon Okombo, MCA 55.Hon. Esther Dwallo MCA 56.Hon. Joan Ogada, D/Majority Leader 57.Hon. Millicent Nyaboke,D/Minority Whip 58.Hon. Joel Mola, MCA 59.Hon. Jane Kiche, MCA 60.Hon. Nicholas Ayieta, MCA

P a g e 4 | 51

1.2 Committee Secretariat The committee was facilitated by the following members of the secretariat: 1. Mr.Daniel Kaudo County Assembly Clerk 2. Mr. Stephen Ojako Principal Clerk Assistant 3. Mrs. Thomas Opere Clerk Assistant 4. Mr. Titus Okore Principal Procurement Officer 5. Mr. Gabriel Awiti Chief Sergeant-at-Arms 6. Ms. Faith Apuko Principal ICT Officer 7. Mr. Kennedy Oluoch ICT Officer 8. Mr. Joan Amondi Hansard Editor 9. Mr Relex Oswali Ag Snr Accounts Controller 10. Ms Jecinter Adede Ag Chief Finance Officer 11. Ms. Winnie Salome Clerk Assistant

P a g e 5 | 51

1.3 ACKNOWLEDGEMENT

P a g e 6 | 51

2.0 EXECUTIVE SUMMARY

The Fourth Annual Legislative Summit was held at the Grand Royal Swiss Hotel, Kisumu County between 13th -17th April, 2019. It brought together all leaders and participants in the Devolution sector. The first, second and third legislative summits were successfully held in 2016, 2017 and 2018 respectively. Since then notable progress has been realized in achieving the goals and objectives of the annual event. Preceding the Fourth Legislative Summit, Resolutions from Pre- Summit events and Progress Report from the 3rd Annual Legislative Summit were read, which had resolutions emanating from the following caucuses: County Assemblies Youth Caucus, Disability Caucus and Women Caucus. Noting that many resolutions were previously agreed upon, challenges have emerged in actualizing and implementing the resolutions thereof. During the 4th Annual Legislative Summit, participants had the opportunity to share experiences, achievements, challenges and gaps identified by the legislators and made proposals on the way forward in line with the theme of the summit, “Accelerating Devolution: Assessing the progress and addressing gaps in policy and legislations ”. On Sunday 14th April, 2019, there was a football match played in Moi Stadium Kisumu where the Members of County Assemblies (MCAs) outwitted the Senators 2-1.

P a g e 7 | 51

PREAMBLE Recognizing that Article 3 (1) of the requires every person to respect, uphold and defend this Constitution; Aware that Article 1 (3) of the Constitution of Kenya delegates sovereign power to Parliament and the County Assemblies to perform their respective functions under the Constitution; Affirming that the Senate and County Assemblies have a clear constitutional mandate in the devolved system of government to promote democratic and accountable exercise of power; Recognizing that Article 6 (2) of the Constitution requires the national and county governments to conduct their mutual relations on the basis of consultation and cooperation; Acknowledging the national values and principles of governance under Article 10 of the Constitution which bind all State organs, State officers, public officers and all citizens Emphasizing that the mandate of the Senate under Article 96 of the Constitution is to protect the interest of counties and their governments; Reaffirming the objects and principles of devolved government under Article 174 ad 175 of the Constitution; Noting that Article 185 of the Constitution vests legislative authority in County Assemblies to make any laws that are necessary for, or incidental to, the effective performance of the functions and exercise of the powers of the county government under the Fourth Schedule;

P a g e 8 | 51

Recognizing that public participation is a central principle of democracy required of Parliament and County Assemblies under various Articles of the Constitution including Articles 1(2), 10(2), 35, 69(1) (d), 118, 174(c) and (d), 184(1)(c), 196, 201(a) and 232(l)(d)

The main objectives of the Legislative Summit was; 1. To assess the progress made in legislations that support entrenching of devolution 2. To identify the gaps and challenges in legislation that are impeding devolution and develop measures to address them, 3. To identify opportunities that can be harnessed to accelerate devolution. 4. To provide a platform for dialogue amongst key stakeholders in devolution, to learn and share experiences. 5. To strengthen inter and intra-government relations for effective implementation of devolution.

P a g e 9 | 51

3.0 General Observations

3.1 DAY 1 On this day there were two pre-summit events programmed i.e. . Side Event for Persons with Disabilities Legislators . Side Event for Youth Legislators

3.1.1 Pre-Summit Event for Persons with Disabilities Legislators

The 3rd Annual Legislative Pre-Summit for Persons with Disabilities (PWDs) was held on 13th April, 2019. It created a platform for positive engagement between the Senate, Members of Parliament with Disabilities, the County Assemblies Forum (CAF) and Members of County Assemblies (MCAs) with Disabilities. Other partners included: The Ministry of Labour and Social Protection (MLSP); the National Council of Persons with Disabilities (NCPWD); the Kenyan National Commission on Human Rights (KNCHR); the National Gender and Equality Commission (NGEC); Kenya Disability Parliamentarians Association (KEDIPA); Salaries and Remuneration Commission (SRC) among other participants.

The forum offered an avenue for participants to share experiences, challenges and solutions in line with the theme of the Summit: “Accelerating Devolution: Assessing the progress and addressing the gaps in the policy and legislation”

The opening remarks were given by: Hon. Consolata Ollows, Member, Kisumu County Assembly, Hon. Richard Lenana Ole Pulei, Member Kajiado County Assembly, Hon. Esther Onana, Chairperson, County Assemblies Disabilities Caucus, Hon. Hussein Mohamed Gabo, Executive Director National Council of persons with Disabilities (NCPWD), Hon. Chege Mwaura, Chairperson CAF Member Services Sub-Committee &Ag. Speaker Nairobi County Assembly, Commissioner Hon. Priscilla Nyokabi, National Gender and Equality Commission (NGEC) and Sen. Isaac Mwaura, Secretary, Kenya Disability Parliamentarians Association ( KEDIPA)

P a g e 10 | 51

The Keynote Address and Official Opening remarks were given by Mr Abdul Bahari, Chief Administrative Secretary Ministry of Labour and Social Protection.

The Second Session for the Day was themed; “Disability Data and Statistics in Kenya and what mechanisms have been put in place to ensure that the 2019 Kenya Population and Housing Census captures authentic , accurate and disaggregated disability data and statistics”.

This session was moderated by Mrs Mary Muyonga, Consultant, with the following as Panellists; Mr Samuel Kabue, UN-CRPD Committee Member, Hon Dennitah Gati, M.P, Member, Kenya Disability Parliamentarians Association (KEDIPA), Hon, Joseph Elmi- Member ,Turkana County Assembly.

The Third Session for the Day was themed “Inclusion of Persons with Disabilities in the Big Four Agenda”

This session was Moderated by Mrs Mary Njeri, Consultant, with the Following as Panellists; Ms Susan N. Mochache CBS , Principal Secretary , Ministry of Health, Mr Fred Owegi , Adviser , Inter – Governmental Fiscal Relations , National Treasury, Mr Leonard Okumu Obidha , Chief Economist, Architect Raphael Owoko , Ministry of Housing &Urban Development and Prof. Hamadi Iddi Boga, Principal Secretary , State Department of Agriculture Research

The Fourth Session for the Day was themed; Disability Rights: Implementation Gaps and Challenges at County Level.

This session was Moderated by Mrs Mary Njeri, Consultant, with the Following as Panellists; Sen. Dr Gertrude Musuruve, Nominated Senator /KEDIPA, Hon, Beatrice Mitaru – Member Kirinyaga County Assembly, Mr Hussein Mohamed Gabo, Executive Director and Commissioner, Hon, Priscillia Nyokabi, NGEC.

P a g e 11 | 51

The Fifth Session for the Day was themed; Strengthening Advocacy and Enhancing the Role of Legislators with Disabilities at County Level. This session was Moderated by Mrs Christine Nekono, Consultant, with the Following as Panellists; Hon, Haretha Ibrahim , Member Wajir County Assembly, Mr, John Nzioka , Head of Department , Persons with Disabilities &the Elderly, Hon ,Jackson Katumo Member Assembly and Hon, Dalmas Otieno, Vice Chairperson ,Salaries and Remuneration Commission (SRC).

3.1.2 Resolutions and Way Forward

The following resolutions and recommendations were reached at the end of the Third Annual Pre-Summit for Persons with Disabilities: -

1) THAT Legislators representing PWDs ought to be adequately facilitated and resourced to enable them effectively carry out their representative roles and mandates, and in particular through: a) Provision of offices, operational costs and mileages for Parliamentarians and Members of County Assemblies representing PWDs. b) Reservation of 5% of all Ward Development Funds for Members of County Assemblies representing PWDs. c) Establishment of norms and standards for the facilitation of legislators with disabilities at both national and county level on an equal basis with other legislators. d) Setting out acceptable schemes of service for personal aides and staff for legislators with disabilities at both national and county levels.

P a g e 12 | 51

e) Delinking the payment of salaries and benefits of personal aides and staff from their legislators.

2. THAT despite progress made in the representation of PWDs in elective and appointive positions, there is still need for urgent electoral reforms to realize adequate representation of Persons with Disabilities in the National Parliament and County Assemblies in line with Articles 81 (c ), 90, 97, 98, 100 and 177(1)(c) of the Constitution. As an immediate right action is needed towards ensuring that the principle of 5% representation of PWDs in elective and appointive positions is realized. In order to achieve the above, there is need to: i. Increase the representation of Women with Disabilities from amongst the sixteen nominated Women Senators to at least two women with disabilities. ii. Establish a clear criteria in law for determining the allocation of the two positions of Senators with disabilities in the party list on the basis of gender. iii. Ensure that County Assemblies comply with the principle of representation of PWDs of at least one man and one woman. iv. Put in place mechanisms to ensure that in the gender top up of County Assemblies, at least two are women with disabilities.

P a g e 13 | 51

v. Ensure that of the 12 nomination positions of the National Assembly, at least four be reserved for PWDs, two men and two women.

3. THAT although major strides have been realized in the decentralization of the operations of the National Council for Persons with Disabilities, some essential services for PWDs remain largely inaccessible. As such, greater consultation and collaboration amongst key players including line ministries (particularly the Ministry of Health), the National Fund for the Disabled amongst others, is needed for effective and efficient service delivery for PWDs. In particular: a) Decentralization of the registration PWDs to the county level. b) Exemptions for all persons with permanent disabilities from the payment of all taxes and periodic renewal processes. c) Partnership between the Council and county governments, specifically, the departments of social services/disability for awareness creation, provision of assistive devices and capacity- building of DPOs. 4. THAT there are inadequate affirmative action measures for PWDs in comparison with other vulnerable groups. As such, there is need to act to ensure that: i. Funds: At least 10% of the funds under the Women Empowerment Fund (WEF) and the Youth Fund are ring- fenced for women and youth with disabilities respectively.

P a g e 14 | 51

ii. Cash Transfers: The targeting of beneficiaries under the Inua Jamii cash transfer program ought to be per capita rather than on a household basis.

5. THAT there is a need to ensure the inclusion of PWDs in the planning, implementation and roll-out of the Big Four Agenda in a manner that is accessible and affordable. In particular: i. Health: a) Provision of universal comprehensive in- and out- patient health services for all PWDs. b) Provision of assistive devices and services for PWDs as a special package under NHIF. ii. Housing: a) Accessibility: Compliance of houses with the building code and the minimum accessibility standards as set out by the KNBS. b) Reservation of a quota of at least 5% of the houses for PWDS iii. Manufacturing: a) Government to put measures in place to promote local manufacturing of assistive devices for PWDs. b) Reserve at least 5% of jobs and procurement of specific goods and services by PWDs. iv. Food Security:

P a g e 15 | 51

There is need for meaningful engagement with the Ministry of Agriculture and County Governments to mainstream PWDs in agriculture and food security through: a) Capacity building b) Provision of farm implements and extension services c) Value addition and markets d) Involvement of PWDs in donor-funded projects and harvest management. e) Specifying quotas for PWDs in the supply of food and markets

6. THAT there is need for representation of at least two Members of CADICA, a man and a woman, in the Executive Board of the County Assemblies Forum.

7. THAT there is need to ensure that the forthcoming census captures authentic, accurate and disaggregated data on Persons with Disabilities for the purposes of effective planning and provision of services. There is also need to ensure inclusion of PWDs in the collection of disability data.

8. THAT efforts should be geared towards ensuring that approved national and county budgets and programs include specific budget lines to support the programs and activities for PWDs.

P a g e 16 | 51

In addition, act to ensure disability-mainstreaming in all sectoral budgets.

9. THAT there is need to ensure the full realization of the rights and fundamental freedoms of Persons with Disabilities in line with the Constitution of Kenya, the United Nations Convention on the Rights of Persons with Disabilities (UN-CRPD), and the Persons with Disabilities Act, 2003, as an immediate right, and in particular- a. Enact enabling legislation for the realization of Article 100 of the Constitution, particularly relating to PWDs. b. Amend Article 54(2) of the Constitution by deleting the term ‘progressive’ in order to ensure that the principle of 5% representation of Persons with Disabilities in elective and appointive positions is implemented immediately. In addition, an audit of the counties should be conducted to establish the numbers of employees with disabilities. c. Ensure the enforcement of Section 13 of the Persons with Disabilities Act, 2003, on the 5% reservation of employment for Persons with Disabilities at all levels of both national and county governments. d. Amend the CGA to ensure the representation of PWDs in County Assembly Service Boards and County Public Service Boards.

P a g e 17 | 51

e. Amend the PWD Act to include the role of county governments in the provision of services for PWDs at county level.

10. THAT several counties have passed legislation relating to disabilities. However, most are not being implemented. As a matter of immediate concern, all county governments should implement County Disability Acts as passed by their County Assemblies.

11. THAT legislation should be enacted to ensure that there is a retirement package/pension for Members of County Assemblies representing PWDs 12. THAT Persons with Disabilities (PWDs) have great and untapped economic potential. National and County Governments should put in place measures to tap and exploit this potential by creating a conducive business environment for PWDs and producing targeted goods and services for PWDs.

13. THAT County Assemblies should work closely with National and County Governments to ensure the provision of quality and inclusive educational facilities and resources for learners with disabilities in order to encourage quality education and literacy competency in line with Article 53 (1)(b)

P a g e 18 | 51

and 54 (1)(b) of the Constitution. In particular: Early Childhood Education, early intervention, sign language.

14. THAT pursuant to Articles 7 (3) (b), Article 35 and Article 54 (1) (d) of the Constitution, there is need to ensure access to information for all persons with disabilities, especially the Blind, the Deaf and the Deaf- blind. 15. THAT there is need to step up awareness creation and capacity building for legislators at both national and county levels in order to enable them effectively advocate and lobby for inclusion of PWDs. 16. THAT there is need to institutionalize the funding, participation and recognition of Legislators with Disabilities in sporting activities organized by legislatures at both national and county level. 17. THAT while recognizing the efforts and successes of Pre- Summit Conferences for legislators with disabilities so far, the planning for future Pre-Summit events for PWDs must take cognizance of the unique and challenging needs of PWDs. Deliberate efforts must be put in place to ensure that the venue is disability-friendly and accessible. In addition, all Pre-Summit meetings ought to be organized as standalone events with adequate time allocated in order to enable the full participation of all legislators.

P a g e 19 | 51

NOW THEREFORE, the Senate and the County Assemblies Forum calls upon the two levels of government to implement the resolutions as agreed upon for purposes of accelerating and enhancing devolution for the sake of effective service delivery for Persons with Disabilities.

P a g e 20 | 51

3.1.3 Pre-Summit Event for Youth Legislators

THE 3rd Youth Convention 2019 spearheaded by the Kenya Young Members of the County Assembly and the Kenya Young Parliamentarians Association, was held on Saturday, 13th April 2019 at Grand Royal Swiss Hotel in Kisumu County as a precursor to the 4th Legislative Summit in conjunction with County Assemblies Forum, The Senate, Development Partners and youth serving organizations. THE convention, themed Youth Leadership through Legislative Processes, dispensed on various cross-cutting youth issues, among them: a) Effective participation of Young Legislators in Youth Mainstreaming. b) Legislative Audit, Responsive Legislation in support of National Policies for Effective Youth Engagement. c) Unpacking the Role of MCAs as a Critical Leadership Entry Point for Young People. d) Leveraging on Partnerships to enhance grass root actions that facilitate effective participation and engagement of Youth.

The welcoming remarks for the first session were given by Hon June Ndegwa, Chair Youth Caucus, Kenya Youth Members of the County Assembly, Mr Erick Kiraithe, Government Spokesman, Hon Rachael Shebesh, CAS MoPSYGA, Sen. Johnson Sakaja, MP CBS Senator, Hon Johnson Osoi,MBS Chairperson of CAF and with the Keynote Address and Official Opening by the Chief Guest Hon Eugene Wamalwa,EGH Cabinet Secretary, Ministry of Devolution and the ASALS.

P a g e 21 | 51

The session of the day was broken into three parts;

SESSION 1: Mainstreaming Youth Agenda in National Government and in the constitutional review debate.

Session one was Moderated by Hon. Brian Osodo,Member of the County Assembly,Kakamega County, with panelists including; Mr. Walter Mongare ,Deputy Director ,Youth Programmes and Liaison, Office, Hon, Joyce Njoki –MCA Muranga, Sen Victor Prengei ,M.P Nominated Senator representing the Youth and Mr George Wanyonyi.

SESSION 2: Legislative Audit: Responsive Policy and Legislation, and Effective Youth engagement. This session was moderated by Mr. Antony Buluma, CEO, Kenya Young Parliamentarians Association with the following as panelists; Sen. Mercy Chebeni MP –Sen Rep Youth, Hon Kevin Mahelo MCA, Ms Nerima Wako,Siasa Place, Hon Wanjiku Muhoho, MCA Nyandarau, Mr Bonyo Elijah Don, Associate, Policy and Advocacy and Samson Cherargey, MP,Senator. SESSION 3. Unpacking the Role of the MCA as a critical leadership entry point for the Youth. This session was moderated by Hon. Joshua Kiptoo, Speaker Nandi County Assembly with the following as panelists; Sen. Kasanga Sylvia Mueni MP, Mr Dickson Omondi – Resident County Director ,NDI, Hon Kipkirui Chepkwony (KYMCA) and Dr Ezekiel Mutua, MBS. THE AFOREMENTIONED were discussed at length taking the form of different specific topics being handled by different panelists and contribution from the participants.

P a g e 22 | 51

3.1.4 Resolutions and Way Forward i. THAT these resolutions shall be implemented over the next one (1) year from the date of these convening; ii. THAT Young MCAs to establish and adopt County-Specific Youth Implementation Tracking Mechanisms to periodically inform and review the progress of youth empowerment programs, youth job creation, youth participation in public decision making processes and available priorities for youth; iii. THAT Young MCAs and The Senate, to initiate a legislative process that will compel the County Executive to develop a costed County Integrated Youth Action Plans to the County Integrated Development Plans, the 3rd Medium Term Plan of Vision 2030, the Big Four Agenda and the Sustainable Development Goals. The said youth action plans will guide the county governments during annual planning and budgeting; implementation of youth programmes, projects and budgets; monitoring and evaluation. The Costed County Integrated Youth Action plans should take the form contemplated under section 47 of the County Governments Act; iv. THAT Young MCAs to establish partnership frameworks with the Ministry of Devolution and ASALs and development actors to strengthen the capacity of youth to be meaningfully engaged in budget formulation, decision-making and monitoring of budget execution processes; v. THAT Young MCAs resolved that the CS Ministry of Devolution and ASALS as the ministry charged with devolved systems of governance to establish mechanisms and set up a structure to build capacity of County Assemblies for effective accountability in devolution, inclusive involvement and effective participation in all devolution activities vi. THAT Young MCAs to initiate a legislative process that will compel the County Executive to establish County Youth P a g e 23 | 51

Technical Working Groups to lead the process of regular reviews of progress made in the county on youth skills development and job creation; to provide oversight on procurement opportunities afforded to the youth, inclusivity in public service appointments, and track youth involvement in all decision-making process vii. THAT Young MCAs to initiate a legislative process that will compel the County Executive to develop a youth databank that aggregates information on the status of youth that is accessible for utilization in effective involvement of the youth in programmes, budgetary allocation and public participation; viii. THAT Young MCAs to advocate for the establishment of County Youth Offices in their respective Assemblies that would act as liaison offices with the Senate, Young Parliamentarians Association, The Ministry of Devolution and ASALs, and civil society actors assisting in coordinating youth programs and involvement of youth in key decision-making processes by the Counties; ix. THAT through Young MCAs, County Governments to engage the National Government and The Senate on the finalization and approval of the draft National Youth Development Policy and use the policy framework as the basis for establishing sustainable interventions and innovation hubs for the youth; x. THAT through Young MCAs, County Assemblies to develop measures for rehabilitation of youths especially from Drug and Alcohol addiction, gambling, prostitution and other communal vices together with instilling valuable life skills; xi. THAT Young MCAs, and The Senate will advocate and take necessary steps in establishment of cross-border peace committees to manage border related conflicts and clannism; xii. THAT Young MCAs through County Governments to develop youth engagement web portals for communication and feedback mechanisms on policy frameworks; P a g e 24 | 51

xiii. THAT Young MCAs will champion the young people’s agenda in support of the President’s designation as the Global Champion for the Youth; xiv. THAT Young MCAs, and the Senate shall take an active role in informing the youth on the Building Bridges Initiative process and the Constitutional Review debate.

P a g e 25 | 51

3.2 DAY 2 3.2.1 Pre-Summit Event for Women Legislators

The Fourth pre-summit event was Held on the 2nd Day of the Event and was reserved for women legislators. There were four sessions scheduled for the day with various ranging themes; The Welcoming remarks were given by Hon. Beatrice Odongo, Chairperson, Kisumu County Assembly Women Caucus, Sen Rose Nyamunga MP, Hon Jackline Mwenesi, Secretary General, County Assemblies Women Caucus. Other Addresses were given by Hon. Milka Wanjiru, Chairperson, Women Caucus, Sen Mary Seneta MP, Hon Purity Ngirici MP, Women Parliamentarians Association and Hon. Esther Ndile Vice-Chairperson, County Assemblies Forum and Co-chair, Legislative Summit Steering Committee. The Keynote Address and Official Opening Statement was Given by Prof. Margaret Kobia, Cabinet Secretary for Public Service Youth and Gender. The First Session was Themed “Women’s Access to and Participation in the BIG Four Agenda.” The Session was chaired by Hon. Milka Wanjiru, Chairperson County Assemblies Women Caucus and Moderated by Mary Njeri Consultant. Discussants included; Prof Wanjiku Kabira – Intervention on Food Security , Mr Charles Hinga, Principal Secretary Housing &Urban Development, Ms, Phyllis Wakiaga ,CEO Kenya Association of Manufacturers, Dr, Mary Nyamogo – Intervention on Health, Hon. Catherine Mukenyang, Speaker, West Pokot County Assembly and Sen. Judy Pareno,MP,nominated Senator.

P a g e 26 | 51

The Second Session of the Day was titled; “Special Funds and the Position of Women in Promoting the Sustainability of the Funds”. The Session was Chaired by Sen. Mercy Chebeni, MP and Moderated by Ms Consolata Munga, Consultant .Discussants were Hon. Rachel Shebesh, CAS, Ministry of Public Service, Youth & Gender, Hon Mlaghui Majala, Deputy Governor Taita Taveta, Hon. Murungi Kathuri , Chair ,Special Funds Committee ,National Assembly , Sen Dr Alice Milgo and Hon. Hasna Mudeizi,Speaker Vihiga County Assembly. The Third Session of the day was titled “Women Empowerment and Political Participation The Session was chaired by Hon.Hinda Hussein Ibrahim, Member of Mandera County Assembly and Moderated by Hon Amina Abdalla, Consultant. Discussants were Hon. Pricilla Nyokabi, National Gender and Equality Commission, Ms, Lucy Mathenge Program Specialist , UN Women , Sen. Prof Margaret Kamar ,MP and Hon. Rehab Wabwile , Ag. Secretary General, CAF.

The Fourth and Final Session of the Day was Presented by Hon. Dalmas Otieno, EGH, Vice-Chairperson, Salaries and Remuneration Commission. The Theme for the Session was, “Facilitating Specially – Elected (Nominated) Legislators” Thereafter Hon. Milka Moraa, Vice Chairperson County Assembly Women Caucus and Senator Naomi Jilo Waqo, MP, Presented the women Pre- Summit 2019 Resolutions.

P a g e 27 | 51

3.2.2 Resolutions and Way Forward

Noting that the Constitution of Kenya guarantees equality of men and women and prohibits any forms of discrimination; Honoring those women who have struggled in the fight for gender equality and equity; Cognizant of the vital role that women play in democracy and governance; Acknowledging that women constitute over half of the population of this country; Emphasizing our commitment to the eradication of all forms of discrimination against women in Kenya; Committed to nurturing and protecting the hard-won fundamental rights and freedoms that guarantee women’s full and equal participation in the political, economic, cultural and social spheres; Exercising our sovereign and inalienable rights to fully participate in the governance and development of this country, The women Leaders made the following resolutions at the conclusion of the pre- summit event; 1. Expedite the enactment of the following- a) A bill giving effect to Article 27 & 81(b) of the Constitution of Kenya on the affirmative action principle. Further advocate for 50/50 representation of either gender, including for the Presidency.

P a g e 28 | 51

b) The bill proposing to give effect to Article 100 of the Constitution of Kenya on the promotion of representation of marginalized groups. c) The enactment of the Food Security Bill and in particular to cater for marginalized groups, specifically women with disabilities. d) The enactment of the Irrigation Bill and in particular to cater for marginalized groups, specifically women with disabilities.

2. Safeguard the gains of women and the gender agenda in the amendment of the Constitution of Kenya.

3. Expedite review of discriminatory provisions under the law, Standing Orders and policies to promote women’s empowerment, equality and non-discrimination of women. In addition, protect women in leadership positions.

4. Review the Law of Succession Act & the Matrimonial Property Act to harmonize the two Acts and ensure equal rights between women and men with regards to matrimonial property and succession.

5. Raise awareness among constituents on the importance of women’s political participation and the important role in the law making, budgeting and representation roles of Parliamentarians

P a g e 29 | 51

6. Provide continuous and timely capacity building for women political aspirants to equip them with the requisite skills and knowledge to effectively compete for elective and nominative positions.

7. Fully standardize remuneration and staffing of offices of all members of the County Assemblies, both elected and nominated MCAs.

8. Identify and work with the male parliamentarians who will be ambassadors of the affirmative action principle to support the enactment of an affirmative action principle bill.

9. There was need to ensure that inclusion of women in the planning and implementation and roll out of the Big 4 agenda.

10. Reserve quotas for allocation of housing units, under the big 4, for women and other vulnerable groups. Further provide for affordable and innovative financing of housing, with low interest rates, for women and persons with disabilities.

11. Conduct civic education to enable women to develop the capability to identify and access opportunities and apply for available enterprise funds

P a g e 30 | 51

12. Review existing regulations with a view to harmonize the statutory instruments governing the establishment and administration of all the affirmative action funds and explore innovative mechanisms to promote equitable access by women.

13. Conduct an audit of the implementation of the affirmative action principle in all the counties.

14. Women leaders to support each other with a view of promoting women’s leadership and realization of the gender agenda

15. Institutionalization of the two-thirds gender rule in House leadership and committees to ensure that all unconstitutional bodies in the County Assemblies are reconstituted in line with the Constitution of Kenya.

P a g e 31 | 51

3.3 DAY 3 This was the official opening of the 4th Annual Legislative Summit on Monday 15th April, 2019.The Facilitator for the day was Hon. Davins Onuso, Deputy Speaker, Kisii County Assembly. The welcoming remarks were given by; Hon. Roy Samo – Kajulu Ward Representative, Kisumu, Hon Shakeel Shabir, Kisumu East Constituency and H.E Prof. Anyang Nyongo, Governor for Kisumu County. After the Welcoming remarks, there was presentation of the communiques from the side events on legislators with Disabilities, Youth Legislators and the Women Legislators. The Communiques were given by; Hon. June Ndegwa, Representing the Youth, Hon, Esther Onana, Representing PWD and Hon, Milka Wanjiru, Representing the Women A progress report on action points from the 3rd Annual Legislative Summit was given by Hon. Rehab Wabwile, Ag Secretary General, County Assemblies Forum. This was followed with an address by M. Jean Pierre Elong Mbassi, Africa Secretary General, United Cities and Local Governments of Africa and Mr. Julius Court, Head DFID, Representing Devolution Donor Working Group. The program for the day started off with a general session themed “The 3rd Basis for equitable sharing of Revenue and Moderated by Hon. Joshua Kiptoo , Speaker Nandi County Assembly with the following as panelists; Sen Dr, Isaac Mwaura , Mr, Kwame Owino ,Chief Executive Officer ,Institute of Economic Affairs , Hon, Jonathan Ngetich , MCA and Prof. Nyokabi Kamau ,Chief Executive Officer ,Centre for Parliamentary Studies . The General area of discussion was on implication of the formula recommendation on national budget, adequacy and implication of the revenue sharing formula on the allocation of revenue amongst counties, policy analysis of best practices for equitable sharing of

P a g e 32 | 51

revenue and effectiveness of the proposed formula in achieving equitable development at the county level. Official Opening Remarks were given by Hon. Kabondo wa Kabando, Board Member, LAPFUND, Hon,Florence Oile , MCA ,Migori County Assembly, Hon. Kipkirui Chepkwony , MCA Nandi County Assembly , Hon.Onyango Oloo , Speaker ,Kisumu Assembly , Sen Fred Outa ,Senator ,Kisumu County ,Hon, Esther Ndile , Vice, Chairperson ,County Assemblies Forum , Sen . James Orengo ,Senate Leader of Minority , Sen. Kipchumba Murkomen ,Senate Leader of Majority, Hon Eugene Wamalwa EGH ,Cabinet Secretary ,Ministry of Devolution an ASALs and Hon Johnson Osoi,MBS ,Chairperson ,County Assemblies Forum. The Keynote Address and Official Opening Statement was given by the Rt .Hon.Kenneth M. Lusaka, MP, EGH, Speaker of the Senate on behalf of the H.E Hon. , C.G.H President of the Republic of Kenya. The general session II was themed “The place of Regional Development Authorities (RDAs) and Regional Economic Blocks (REBs) and their oversight in the devolved system of government’ The session was moderated by Mr Emmanuel Lubembe Consultant. The panelists for the sessions were Hon. Nduati Kariuki, MBS Speaker,Muranga County Assembly, Dr Abala Wanga, Chief Executive Officer, Lake Region Economic Block, Sen Samson Cheragei, Member Senate Committee on Devolution, Mr Maina Kiondo, Ag Director, Regional Development Authority, and Mr Kiprono Kittony, Chairman, Kenya National Chamber of Commerce and Industry. The Discussants discussed the legislating, budget allocation and oversight for Regional Economic Blocks (REBs) and role of MCAs in formulation of development policy, Challenges facing REBs and

P a g e 33 | 51

enhancing social and economic development through Regional Economic Blocs, avenues of collaboration to enhance regional economic development amongst counties and Interplay between REBs and RDAs and the Ideal legal framework for the establishment and financing of REBs at the county level of government. The general session III was themed “Enhancement of County Governments Own Source Revenue” The session was moderated by Senator Eng. Mohamed Maalim Mahamud .The panelists for the session were, Hon Ezekiel Obura, Chief Manager , Kenya Revenue Authority, Dr Irene Asienga Commissioner CRA, Hon. Chemosong Kibor ,Deputy Speaker , Elgeyo Marakwet County Assembly , Hon Victor Ogallo , Head of Research and Public Private Dialogue and Ms Fiona Asonga, Chief Executive Officer ,Technology Service Providers of Kenya The General area of discussions was on best practices and areas of collaboration for the efficient generation, collection, use and transparency in the utilization of own source revenue, criteria for the optimal development and utilization of own source revenue by county governments, challenges of county governments in developing and enhancing existing mechanisms for generation of own source revenue and legislative gaps to facilitate economic growth using ICT as an enabler.

P a g e 34 | 51

3.4 DAY 4 The Programme for the day started off with a general session facilitated by Mr G.K Ndungu, Deepening Democracy Programme. The session was moderated by Sen. Ledama Ole Kina with the Topic of Discussion Being “Good governance and accountability”.

The Panelists for the general sessions were Mr Vincent Okongo , Director , Preventive Services ,EACC, Hon. Sora Katelo ,Member Marsabit County Assembly , Lady Justice Lydia Achode , Principal Judge of the , Ms, Muthoni Kimani, Director ,Assets Recovery Agency and Ms, Stephanie Muchai ,,County Engagement Developer. The General area of discussions was on strengthening the accountability systems in County Government through legislation in order to contribute towards promoting good governance, assessment of the gaps in legislation and the ideal framework for promoting good governance including witness protection and Implementing Open Contracting Data Standards to improve transparency in public procurement processes. The general session V with the theme “Aligning Agenda of County Governments with the Big Four Agenda” The session was moderated by Senator Prof. Margaret Kamar .The panelists for the session were, Hon, Wahome Ndegwa , Speaker Nyandarua County Assembly , Mr, Joash Dache ,MBS, Chief Executive Officer ,KLRC, Mr Stephen Brager , Office Director ,Democracy ,Governance and Conflict Office ,USAID Kenya and East Africa , Dr Benard Mogesa PhD ,CPM, Chief Executive Officer ,KNCHR , Dr , Meshack Ndirangu , County Director ,AMREF Health Africa and Hon. Seth Okumu ,Member Kisumu County Assembly. The Discussants discussed the aligning existing policies and legislation to achieve the Big Four Agenda on 100% Food and

P a g e 35 | 51

Nutrition Security, legal audits on laws and policies focusing on the Big Four Agenda, legislation to support the realization of the Universal Health Coverage and the role of County Assemblies in ensuring effective implementation of Universal Health Coverage.

The general session VI with the theme “Public Finance Management in Kenya: Financial Oversight in Kenya Legislatures.’ The session was moderated by Hon Florence Mwangangi, Speaker . The panelists for the sessions were Senator Moses Kajwang , Ms Wanjiru Gikonyo , Executive Director ,Tisa , Mr Francis Away, Team Leader , Deepening Democracy Programme , Hon, Moses Lessonet , Vice – Chair , Budget and Appropriations Committee ,National Assembly , Hon Moses Samande , Chairman Budget and Appropriations Committee Narok County Assembly and Mr Peter Lelei , Chief Executive Officer ,IGRTC. The Discussants discussed the role of public in oversight of public finance (social audit), progress made in building the capacity of County Assemblies to execute their oversight role, challenges experienced and lessons learnt by County Assemblies in undertaking primary financial oversight and alternative dispute resolution in the determination of inter and intra-governmental disputes with a view to strengthening oversight. The general session VII was themed “The 2019 Kenya Population and Household Census and delimitation of boundaries.’ The session was moderated by Dr, Collins Odotte. The panelists for the sessions were Hon, Kieru Wambui ,Nyandarua County Assembly, Mr ,Peter Nyakwara, Director, Technical Services, Senator Moses Wetangula and Mr Macdonald Obudho, Director Population, Director Population and Social Statistics, KNBS.

P a g e 36 | 51

The General area of discussions was on National Council Population Development, Coordination mechanisms, advocacy and Civic Education on census, evaluation of the adequacy of the existing framework for the delimitation of boundaries and evaluation of the existing criteria for delimitation of boundaries based on experience so far and, Action plan on the delimitation of boundaries and resolution of boundary disputes.

P a g e 37 | 51

3.5 DAY 5 This marked the last day of the 4th Annual Legislative Summit. The eighth general session of the event was facilitated by Hon. Mr Wachira Maina. The theme of the session was “Discussion on Constitutional Review”.

This session was moderated by Hon Zain Abubakar former EALA MP. Key panelists for the session included; Hon. Mutula Kilonzo Junior, Hon. Otiende Amollo, National Assembly, Dr Collins Odotte, Consultant, Hon Joseph Kaberia,MBS,Speaker Meru County Assembly, Hon. Priscilla Nyokabi, Commissioner NGEC and Mr Davis Malombe Deputy Executive Director, Kenya Human Rights Commission.

The panelists outlined how to protect and strengthen the gains of devolution within the constitutional review debate and status of Constitutional Amendment Bills and interest of County Assemblies and citizens at the grassroots in the constitutional discourse. The joint communiqué-Resolutions and way forward was presented by Hon. George Okode, CAF Organizing Secretary & Speaker Siaya County Assembly. This session was facilitated by Hon. Mercy Chebeni, Senator.

The closing ceremony followed thereafter with Closing remarks from Hon. Johnson Osoi, Chairperson, County assemblies Forum, and Rt. Hon. Kenneth Lusaka, EGH, MP, Speaker of the Senate.

The event’s chief guest, the Senate Speaker, Rt Hon .Kenneth Lusaka called upon the Senate and County Assemblies to work together so as to build capacities for their respective committees for better management of county governments. Speaker Lusaka for the umpteenth time confirmed the commitment of the Senate to protecting counties and to the success of devolution.

P a g e 38 | 51

He called upon the gathered legislators both at the national level and at the counties to endeavour to change the narrative on the place of the legislator in the country. On the subject of public involvement in governance, the Speaker urged the legislators to take public participation seriously such that legislations generated from their respective assemblies resonate well with the public. In a speech delivered on his behalf by Hon. Eugene Wamalwa EGH, Cabinet Secretary, Ministry of Devolution, H.E Dr. Williams. S. Ruto, EGH, Deputy President of the Republic of Kenya echoed the need to invest in building relationships among the various stakeholders in the governance of Counties. Hon, who was slated as the chief guest in the closing ceremony, decried the lack of clear separation of roles in the counties to various leaders remained vague to the citizenry. He called upon the leaders to embrace a clear demarcation on their duties as stipulated by various laws such that leaders would be blamed for their rightful failures. He called upon the MCAs to steer clear of any events resulting to conflict of interests for them to be effective in their oversight role.

P a g e 39 | 51

3.0 GENERAL RESOLUTIONS AND WAY FORWARD

1. Equitable Sharing of revenue: Noting that the 3rd basis for equitable sharing of revenue, having been considered as a formula that will promote inclusivity, address disparities between counties and minimize inequalities between Kenyans, and that it is better than the previous two formulas, it is recommended as follows- i.) THAT, the Commission on Revenue Allocation enhances the revenue sharing formula in order to improve horizontal sharing in line with Articles 203, 216, 217 of the Constitution; ii) THAT, the formula should consider that the costing of the functions particularly in health does not focus on curative services at the expense of health promotive and preventive services; iii) THAT, more precise measures on expenditure needs including characteristics of the terrains in the land parameter as opposed to geographical measures be taken into account;

2. The place of Regional Development Authorities (RDAs) and Regional Economic Blocks (REBs) and their oversight in the devolved system of government. Noting the importance of Regional Economic Blocs, it is recommended as follows-

i) THAT, the Ministry of Devolution and the ASALS should establish a joint task force comprising of the Senate, County P a g e 40 | 51

Assemblies, County Executive and other key stakeholders to take forward discussions around the normative framework for the establishment of the REBs before end of Financial Year 2018/19.

3. On County Governments Own Source Revenue Noting the need for counties to promote and enhance revenue collection in the counties, it recommended

i) THAT, counties explore areas of collaboration and consider Kenya Revenue Authority and Commission of Revenue Allocation as partners in revenue collection efforts.

4. On Good Governance and Accountability in the counties, Noting the need to enhance good governance and accountability in counties, it is recommended as follows –

i) THAT, County Assemblies Forum should establish an anti- corruption caucus of County Assemblies to promote good governance and accountability in County Assemblies to ensure effective utilization of public resources; ii) THAT, the Senate should fast track the enactment of the following bills that seek to promote the achievement of greater autonomy and independence of County Assemblies:

P a g e 41 | 51

a) County Ward (Equitable Development) Bill 2018; b) County Printers Bill 2018; c) Impeachment Procedure 2018; d) County Government Retirement Scheme Bill 2018 e) A bill to anchor the County Assemblies Forum into law

iii) THAT, the Senate and the County Assemblies to collaboratively put mechanism in place to address the rationalization of the workforce in County Public Service to enhance efficiency and effectiveness in the delivery of services by the County Governments.

5. On Aligning the Legislative Agenda of County Governments with the Big Four Agenda Noting the need to align the legislative agenda in the counties to the Big Four Agenda, it is recommended as follows –

i) THAT, the Senate and County Assemblies enact legislation that supports the implementation of the Big Four Agenda as a matter of priority; ii) THAT, the Senate and County Assemblies align existing legislation to ensure that devolved functions which are currently implemented by the national government are vested in the appropriate entities at County level;

P a g e 42 | 51

iii) THAT, County Assemblies ensure that Annual Development Plans and budgets prioritize implementation of the Big Four Agenda; iv) THAT, in order to promote ownership of the Big Four Agenda at the grassroots level, County Assemblies collaborate with the National Government and other key stakeholders in undertaking Public Participation and sensitization programmes.

6. On Public Finance Management in Kenya: Financial Oversight in Kenyan Legislatures Noting the need to strengthen oversight at the County Assembly level it is recommended as follows –

i) THAT, County Assemblies domesticate laws and further provide their input to existing bills on Public Finance Management;

ii) THAT, County Assemblies should be the first port of call in considering issues raised by the Auditor General.

7. On the 2019 Kenya Population and Household Census and Delimitation of Boundaries. Noting the need to ensure that census and delimitation of boundaries is above board, it is recommended as follows –

P a g e 43 | 51

i) THAT, KNBS and IEBC engages the Senate and the County Assemblies Forum as key stakeholders in the census and delimitation process as an immediate concern; ii) THAT, recruitment of staff by KNBS be done at the village level especially enumerators to facilitate accurate data collection from the locals; iii) THAT, accurate data be obtained and maintained in order to avoid the need to carry out a national census in future and move in tandem with technology and international best practices to avoid recurrent wastage of public resources.

8. Constitutional Review i) THAT, any Constitutional reform process should safe guard and improve issues of Women, People with disabilities and the youth. Further, there is need to adopt holistic approach to constitutional review devoid of ideas that serve sectarian interests. ii) THAT, a Constitutional Review debate should focus on strengthening devolution rather than abolishing devolved units that serve the same purpose. 9. On Engagement with the Media THAT, media and the counties to work together seamlessly in order to impartially report issues affecting Kenyans.

P a g e 44 | 51

10. From The Pre-Summit events THAT, the 2/3 gender rule legislation, practice of affirmative action in the counties, equalization funds to empower marginalized groups (Women, Youth, and PWDs) be fast tracked and entrenched.

P a g e 45 | 51

4.0 Prayer The committee prays that the House notes this Report.

P a g e 46 | 51

ANNEXTURES

P a g e 47 | 51

P a g e 48 | 51

P a g e 49 | 51

P a g e 50 | 51