Safeguarding Democratic Space in (SADES-K) November 1 – 30, 2019 Monthly Update

Introduction During November 2019, SADES-K grantees continued to implement their activities. The Institute of Development Studies (IDS) at the University of (UoN) continued with media monitoring and finalized the data collection tools for the baseline opinion polling survey. They subsequently collected data from sampled counties and embarked on analysis and report writing. The SADES-K team conducted field monitoring of the data collection process. Context Analysis The by-election was held on November 7. The by-election was generally peaceful, though in some cases politicians assembled voters in ethnic groups, and voter bribery and scattered violence occurred. The by-election was seen as a litmus test for a larger contest between the deputy president, William Ruto, and ODM leader Raila Odinga. The labeling of the Kibra constituency as the ODM party’s “political bedroom” heightened tensions in Kibra on voting day. During the by-election, the results were manually transmitted. The Independent Electoral and Boundaries Commission (IEBC) clarified that it is not obligated to transmit parliamentary results electronically. While the IEBC law limits electronic transmission of results to presidential elections, there is a gray area in relation to local by-elections, prompting a call for review of the law. The Building Bridges to Unity Advisory Task force submitted its report to President Kenyatta and Hon. Odinga on November 26. On November 27, the principals launched the report in a public forum held at the Bomas of Kenya. The report has created heated debate among the political class, particularly in relation to calls for a referendum to amend the Constitution. In Isiolo, the Legal Gazette Notice 150 of August 27 and Land Adjudication (Application) Order 20191 created tension between county leadership and political leaders. Parliamentarians protested the notice of adjudication since public participation did not take place as required. On November 6 at Jaldesa village in Marsabit County, 10 people were shot dead in a bandit attack, including two police officers. About 100 people from Isiolo County participated in the launch of the BBI report at Bomas of Kenya in Nairobi. The report has generated interest in different forums throughout the county. A local FM radio station (Angaaf) asked its listeners to give their views on the report. The Supreme Council of Kenya Muslims (SUPKEM) announced that a group of Muslim organizations is set to analyze the BBI report and advise Muslims accordingly. As a local organization and convener of the Isiolo CSO Network, SADES-K grantee MID-P will initiate a discussion on the report during the next network meeting. Kisumu and its environs were generally peaceful except for tensions in Nandi and Kericho in the run-up to the release of the BBI report. However, once the report was released, the tune changed and the whole region seemed to support the report’s findings. The major disagreement came on whether there would be a parliamentary process or a referendum.

1 which stated that all Community lands situated within Isiolo County except the gazetted areas of Resort City, Isiolo Township, Lapsset route, School of Infantry and the School of Combat Engineering, the Game Reserves and the Livestock Holding Grounds are to be adjudicated.

To strengthen social and ethnic cohesion, KASH met the National Chair of the Bouncers Association and other officials in Kisumu to explore ways to build peace in Kisumu and the bordering county of Busia. An ongoing road construction project along the Kericho-Kisumu boundary has created tension between the two communities living in the region.2 A series of community meetings was held with the border communities to quell tensions after reports were received that the two communities were planning attacks on each other. KASH received these reports through its hotline which is a toll-free number. KASH has since organized an inter- county dialogue between the two communities. The peacebuilding process in Transmara West has become strained due to the ongoing border conflict between the two Maasai clans (Siria and Uasin Gishu). The conflict recently escalated leading to five deaths, 30 injuries and the displacement of families and destruction of property. The government intervened and placed a road as the border. However, peace could not be sustained because the communities felt the road improperly divided local lands and did not take into account local views. Several meetings were convened by the Ministry of Interior to bring peace, but they have not been successful. ADS Kenya, through its SADES-K grant, developed an alternative peacebuilding and mediation mechanism to reinforce the government efforts. In this case, the chief of the Moitanik clan took charge of the mediation process. As a result, several meetings have taken place at ACK Church of Faith in Kilgoris.

In Mombasa County, tension was high in Kisauni following renewed attacks by machete- wielding gangs, with 10 people seriously injured in Kisauni on November 24. The police traced the attacks to a group of youths who call themselves the “86 battalion.” This attack comes barely two weeks after students at the Technical University of Mombasa were attacked by machete- wielding youths, who injured eight of them. Residents in Kisauni have repeatedly complained of the absence of security officers, while police officers are complaining about poor cooperation from locals in prosecuting the gangs.

Following the release of the BBI report, public speculation in the coastal counties indicates that the BBI might shape 2022 presidential succession politics. Different leaders are already demanding a Swahili translation of the report as part of their constitutional right. Coastal members of parliament (MPs) have announced plans to form a new political party that will field a presidential candidate in 2022. Those opposed to the new party argued that the region should remain in ODM control in order to use its numbers to push for top government positions. Politicians argue that the region stands to benefit from the BBI’s proposed changes to the Constitution if they remain united. This has raised expectation of local citizens vis-a-vis the BBI report and 2022 succession politics.

In Uasin Gishu, Turbo, Ainabkoi and Kapseret are key sub-counties with noticeable levels of increasing tension. Increased crime targeting non-native communities took place, which could be an indicator of early conflict. In the past two weeks, the ‘Inua Mama, Jenga Nchi’, traversed the rural countryside rallying support for the rejection of the BBI report.

The BBI process had been highly politicized even before the Taskforce released the findings and recommendations. The media played a critical role in surfacing the divergent views about the

2 The road divided the Sondu Market that is shared by the two communities complicating the revenue collection process at the Sondu market

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BBI report findings. The narrative that the media advanced before the release of the report was skewed towards either approving or disapproving the report and in some instances, reporting was not objective. A week after the release of the report, details of the intrigue that led to the compilation and presentation of the report continued to emerge.

Some regions where SADES-K grantees operate were hard hit by ongoing heavy rains, flooding and mudslides that led to the loss of lives, property destruction, displacement and power outages. West Pokot was the hardest hit, with mudslides resulting in the deaths of 52 people. SIKOM had to cancel or reschedule some planned activities since roads were cut off.

Result Area I: Kenya’s Governance Architecture Revisited and Strengthened The BBI in-kind grant activities were completed in October 2019. The BBI Taskforce submitted its report to President Uhuru Kenyatta and Rt. Hon Raila Odinga on November 26. The BBI also held the public launch for the report on November 27 at the Bomas of Kenya. The BBI invited SADES-K to the launch of the report. Centre for Multiparty Democracy (CMD): “National Dialogue and Governance Reforms Project” CMD Kenya strategically delayed the implementation of November 2019 activities to await the release of the BBI report. The intention was to align its interventions with the public discourse around the report. For instance, the planned high-level meeting with political party leaders was to be informed by the findings of the report. In a similar vein, dialogue plenaries planned in conflict-prone areas in Nairobi will enable citizens in target locations to have a candid discussion on the contents of the report and governance reform measures. By design, CMD-Kenya integrated and aligned its project to the Journey to Self-Reliance. As part of this alignment, CMD-Kenya continued identifying and engaging strategic partners to support the implementation of the project.

Result Area II: Social and Ethnic Cohesion Strengthened Result Area II grantees continued with their activity implementation. Examples include: Merti Integrated Development Project (MID-P): “Strengthening Social and Ethnic Cohesion in Isiolo County”

MID-P facilitated an inter-communal dialogue session between the Wabera and Ngaremara communities on November 23. A total of 62 people participated in the dialogue session. Internal and external triggers of conflict were discussed. Ten champions from both wards attended the dialogue forum. Both county and national governments were also represented, by the Ward Administrator and Assistant Chief, respectively. Key issues included divisive politics, discrimination in bursary issuance, incitement, land, lack of inclusivity, lack of clarity on the LAPPSET project, poverty, border disputes and lack of equity in resource distribution. MID-P also facilitated an intra-communal dialogue session in Ngaremara on November 28. Ngaremara is diverse ward, and MID-P ensured representation from all communities. A total of 32 people attended the dialogue. The senior chief Ngaremara, the priest of the church which housed the

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dialogue, was also present. The dialogue brought out issues which normally affect the communities, from the early warnings of conflict to divisive politics, grazing land, and forceful occupation of community land by the Kenya Defense Forces (KDF).

Keeping Alive Societies Hope (KASH) Consortium: “Enhancing Peaceful Co-Existence, Social and Ethnic Cohesion amongst Communities Living in Kisumu and those in its Bordering Counties”

The KASH consortium conducted a three-day ToT on conflict Early Warning Early Response on November 4-6, 2019. The training was attended by 22 (7F/15M) participants who are also peace committee members drawn from Kisumu, Kericho, Nandi and Vihiga counties. On the last day of the training, the team of trained trainers and KASH consortium project staff held a press conference to address the nation on the stalled peace policy, a declaration termed “MUSEUM VIEW PEACE DECLARATION.” The trainers were given contracts to serve as consortium peace ambassadors in the communities. The KASH consortium project officers will make monthly visits to support the trained facilitators. The KASH consortium continued running Facebook and Twitter platforms engaging the local communities, especially youths, in conversations about peace and consensus building. The hotline and bulk SMS (toll free) line (ZUIA NOMA MTAANI-0800724190) received 487 in-coming calls and 747 out-going calls. KASH engaged various stakeholders (including the county government of Kisumu, the Ministry of Interior and Coordination, CSOs and the local people) in the planning and execution of the stakeholder’s forums and the ToT training in which they were key in the selection of the trainees.

Kenya Community Support Centre (KECOSCE): “Building Peace and Cohesive Communities in Tana River and Mombasa Counties” KECOSCE facilitated three community peace barazas3 to address security issues through the Kisauni peace and cohesion platform “Kisauni Tumebadilika.” The barazas contributed to building working relations to address the rise in crime and gangs in Kisauni. Locals were encouraged to share alerts with senior officers and through the KECOSCE alert number. KECOSCE also supported a sensitization forum organized by the Wakombozi youth group aimed at advocating for youth to desist from criminal activities and get involved in arts to exploit their talents. Wakombozi youth group is part of the “Kisauni Tumebadilika” platform. KECOSCE conducted a community cohesion forum to address the poor relationships between the youth and the police in Junda area. This forum drew the participation of the area chiefs, peace committees and the community policing committee.

KECOSCE held review meetings with the project ToTs and peace monitors in Tana River and Mombasa. These meetings checked on the status of local conflicts identified during the project inception. Participants discussed how to strengthen the Early Warning, Early Response mechanisms established in the inception phase. KECOSCE coordinated two inter-communal reflection meetings with Pokomo and Orma communities in Garsen and Tarasaa that drew participation of community leaders, youth women and administration officials. The forums

3 The forum comprises of local administration (chiefs), the police, local peace structures, religious leaders and community members.

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discussed progress made in addressing community grievances identified within the project inception period. The Garsen forum included 68 (35F/33M) participants who validated the agreement that had resulted from the Kajisteni land wrangle. The Tarasaa meeting, with 73 (39F/34M) people, identified a conflict between youth and local law enforcement evidenced by incidents of frequent police harassment towards the youth and an incident where a chief was badly beaten and injured by a young man in Tarasaa. KECOSCE also supported a community peace and cohesion forum at which resource management committee members addressed local conflicts in Tarassa, Tana River. A total of 38 (15F/23M) attended the meeting. KECOSCE conducted a consultative forum with 46 (20F/26M) people drawn from administrative officers, community leaders, county government officials, youth leaders and women leaders on the need for a county peace policy in Tana River. The meeting identified key priority areas for the policy, including support for peace committee structures, inter-county agreement on cattle movements and the implementation of the Tana River Peace Declaration. KECOSCE also conducted courtesy calls to the Tana River County Commissioner and the Chief Officer in the Department of Administration and Special Programs. From the discussions, KECOSCE learned of an ongoing process by the county government together with the United Nations Development Program (UNDP) to develop a disaster management policy. It was agreed that KECOSCE would collaborate with the UNDP initiative to link the two policy efforts. Rural Women Peace Link: “Let’s Build Bridges of Peace for our Peace”

RWPL facilitated four separate clan meetings. The first was a clan meeting for the Ndorobo clan.4 The dialogue sought to understand the grievances by the Ndorobo clan which had split into two groups, the Ogiek Indigenous and Ndorobo Original. Ndorobo Original accused the Ogiek team of registering the organization as an NGO and indigenous group without consulting the community. The Ogiek team claimed they were seeking compensation for their lost lands and therefore needed a strong lobby group to fight for this right. They accused the Ndorobo Original of siding with the Soy Clan in oppressing them over their land rights. After a standoff, the meeting broke into two separate meetings, one for Ndorobo Original and the second one for the Ogiek team. The third meeting was for the Soy clan. After the discussions, the Soy accused the Ndorobo of disrespecting the area MP simply because he was a Soy clan member. After much deliberation among the different clans, a final joint meeting between the different clans was held for all three parties to voice their problems and discuss solutions. RWPL mobilized the Soy Clan 24 (2F/22M); Ndorobo 10M and Ogiek 13(2F/11M).

SIKOM Peace Network for Development (SIKOM): “Enhancing Cohesive and Integrated Communities (ECIC) in West Pokot and Turkana Counties” SIKOM facilitated the Amolem intra-communal peace dialogue in Amolem Village, Masol. The activity brought together district and sub-county leaders, government officials and representatives from CSOs from Pokot county. Discussions focused on conflict mitigation, conflict management mechanisms and strengthening cross-border peacebuilding efforts through local initiatives. Sikom held a ‘women for peace’ dialogue forum at Banshade Hotel in of Pokot Central Sub County on November 23-24 with 30 women from Pokot and Turkana communities participating. The government was also represented by the Central Sub

4 who had recently held a demonstration against the area MP and from Soy Clan expressing anger for siding with the parliamentary report on evicting them from Chepkitale saying it was a land given up in exchange for the Chepyuk settlement scheme?

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County Administrator, the Pokot Central Deputy County Commissioner, the Sub County Police Commander, women religious leaders, area peace committees, women peace ambassadors and reformed women warriors. SADES-K grantee SIKOM held a Youth Digital Conference in the constituency of November 26-27 with a total of 41 (15F/26M) participants. The forum brought together active social media users from West Pokot and Turkana counties, the West Pokot County ICT officer, the DCIO and the CCIO from West Pokot County. The youth were educated on the following topics: digital security in the current context; causes of social tensions and divisions; proper use of social, print and electronic media. The training also covered the causes of hate speech and political incitement and how such language contributes to ethnic disintegration and ethnic intolerance among Turkana and Pokot communities. SIKOM had to reschedule an intra-communal peace dialogue session in Turkana, Kanaodon village that was planned to take place November 24, due to the heavy rains. Anglican Development Services of Kenya (ADS-K): “Building Bridges to Unity Initiative in Narok County” ADS Kenya trained 20 community leaders (five Elders from Moitanik Maasai clan, five Elders from Siria Maasai clan, five Elders from Uasin Gishu Maasai clan and five Elders from Kipsigis community) on the development of a system to identify signs of conflict and to develop peace messages in their local dialect to be shared during public meetings/campaigns and also through the local FM radio stations. The meeting developed several community-based early warning signs and response systems for the Maasai and Kipsigis communities of Narok county. For example, whenever one or two of the early warning signs is identified, a leaders meeting should be called immediately. The matter should also be reported immediately to the local administration, and the mediation teams should include religious leaders. ADS Kenya also facilitated the development of peace messages in Kipsigis and Maasai languages. Result Area III: Civic and Democratic Space Protected Grantees under this Result Area implemented their project activities as detailed below: Media Council of Kenya (MCK) Consortium: “Enhance Media Professionalism in Kenya” MCK facilitated the successful publication of five issues of the Media Observer during November. One issue included media monitoring on how the media handled the BBI report before the official release of the report,5 while another focused on reckless speech on social media.6 MCK conducted the first Media Information and Literacy Forum in Marsabit County. The Meeting had 38 (6F/32F) participants comprised of journalists from different media houses, clergy, CSOs and county government officials. The meeting focused on dialogue between county government officials on the work of media and the need of partnership, conflict-sensitive

5 Media monitoring: Agenda setting or agenda building – newspaper portrayal of building bridges initiatives (BBI) 6http://mediaobserver.co.ke/index.php/2019/11/11/kibra-poll-and-risks-of-reckless-speech-on-social-media/.

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reporting, hate speech and fake news, complaints of harassment against journalists, journalist security, professionalism and ethics and access to information.

MCK, BAKE and Internews held discussions on the fact-checking desk that MCK is supposed to assist BAKE in establishing. MCK explained that their fact-checking activities are geared towards mainstream media outlets and supporting government fact check claims made on various issues. MCK will invite BAKE to their activities and seek ways to support BAKE in establishing their own desk. BAKE’s IT officer was tasked with exploring the development of a tool that can be used for fact checking.

In October, the MCK consortium developed a data-collection tool and a responsibility matrix as part of a national mechanism for the safety of journalists. The tool for data collection was meant to provide guidelines for an officer, victim or informant to collect and/or report on essential information that can assist in the investigation and prosecution of assailants. In November 2019, the MCK consortium hosted a validation forum for the national mechanism, and the tools were endorsed for deployment in programs for the safety and protection of journalists.

Muslims for Human Rights (MUHURI): “To Enhance CSOs, Government and Media Relationships in Human Rights and the Rule of Law” MUHURI held two trainings on compliance and human rights documentation in Tana River county on November 11-12, reaching a total of 26 participants, and on November 13-14 reaching a total of 20 participants drawn from grassroots NGOs and CBOs. The trainings equipped participants with basic skills and knowledge for effective advocacy. It also focused on rebuffing the hostilities caused by security agents and the public and also touched on human rights documentation and organizational compliance. The participants were taken through the history of human rights and legal instruments. MUHURI conducted three trainings on organizational, digital/online spaces and physical security in Lamu and Tana River November 13-14 and Taita Taveta November 15-16 and reached a total of 26, 20 and 23 participants, respectively. The trainings equipped participants with knowledge and skills on physical and digital security measures. MUHURI also conducted one media training in Taita Taveta County on November 12-13, with a total of 27 journalists and correspondents drawn from both mainstream media houses and local stations operating in Taita Taveta County as well as online bloggers writing on human rights stories. MUHURI conducted three consultative forums for CSOs, media, and government officials. The forums allowed the stakeholders to draft plans to expand democratic and civic space. The forums took place in Lamu on November 9, in Garissa on November 6, and in Taita Taveta on November 11. Each sector provided insights into their work and the challenges they experience in advancing the rule of law. MUHURI conducted three community and public sensitization forums on the work of HRDs in Lamu on November 11, in Tana River on November 17, and in Garissa on November 18. The forums contributed to building a working partnership between the community and HRDs. MUHURI staff who also live and work within the communities they serve have been present in their respective counties to provide technical support, coaching and mentoring to the CBOs, grassroots NGOs and HRDs. The field staff from the four target counties have assisted grassroots organizations and HRDs in various technical issues such as putting in place the required documents for registration and compliance within the organizations.

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MUHURI’s field officers have also continued to work with the organizations and HRDs in the initial stages of documentation of human rights violations.

Poverty Eradication Network (PEN) Consortium: “Strengthening Civic and Democratic Space through the Implementation of the Public Benefit Act 2013” The PEN consortium held Public Benefits Organizations (PBO) Act (2013) sensitization forums in six counties7where the project is being implemented. These Forums saw PBO leaders sensitized on the provisions of the PBO Act (2013), the benefits to be accrued with the commencement of the Act and the efforts made to ensure the commencement of the Act. In addition to the sensitization, the PBO leaders proposed to submit petitions to the Cabinet Secretary for Interior and Coordination of National Government through the Office of the County Commissioner, an exercise that seeks to strengthen the voice of county-based PBOs in advocating for the commencement of the PBO Act (2013).These sensitization activities also set the stage for the county PBO forums to engage the relevant national and county government officials on county-level democratic and civic space issues.

Internews’ Media Specialist supported MUHURI in facilitating a training for journalists in Mwatate, Taita Taveta County on human rights reporting. The two-day training was on the fundamentals of human rights reporting, including the role journalists can play to inform citizens about their rights, educate citizens on democratic participation and create a culture for open debate. The training also delved into human-rights-based approaches to journalism. Human- rights-based approaches aim to ensure that reporting is based on international human-rights standards, that they empower those that are involved and have a strong focus on the most disadvantaged. During the group discussions, some of the impediments listed by journalists included withholding of information, government policies on secrecy, difficulty in accessing certain locations, language barriers for non-local journalists, and intimidation by some government officials who do not want certain stories covered. Internews worked with the Kenya Union of Journalists (KUJ) on legal support to journalists. Mr. Collins Kweyu, a photojournalist and a member of the Union who works with the Standard Group Limited was attacked and assaulted by the governor and the governor’s body guards while covering the summoning of the Governor of Nairobi County to the Integrity Centre on charges of corruption on November 5. He consequently suffered some injuries and damage to his camera. KUJ took up the matter and accompanied the journalist to report the matter to the police station. KUJ also prepared a letter to the Governor, demanding his admission of liability. The Union, further to the criminal process, intends to press a claim for compensation from the Governor as well as his public admonishment.

The Kenya Information and Communication Amendment Bill 2019 sponsored by Hon. Moses Malulu Injendi seeks to introduce a requirement for that all bloggers register with the government before running a platform in the social media. KUJ completed a review of the bill, concluding that it was unconstitutional in its entirety. If enacted into law, it would not only restrict the expressive space unnecessarily but would also be impossible to regulate. The

7 Makueni, Muranga, Kilifi, Bungoma, Trans Nzoia and Mombasa counties.

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Parliamentary Committee on Information and Communication Technology invited stakeholders to table their views on the Bill in a public participation forum on November 11. KUJ alongside BAKE submitted a memorandum with a recommendation opposing its enactment. KUJ also started the review of the Kenya Broadcasting Corporation (KBC) Act, Cap 221 and other media sector laws.

Result Area IV: National Conversation and Implementation of Outcomes Monitored for Accountability, Learning and Scale-up The Institute of Development Studies (IDS) continued its media monitoring. The data-collection tool for opinion polling which will assess Kenyans’ awareness and perceptions on governance reforms was finalized. Recruitment and training of research assistants was conducted on November 6-9 at the University of Nairobi. Data collection was carried out from November 8-15. IDS shared a very preliminary report but is yet to finalize it.

Rapid Response No rapid response grants were issued during this month.

Project Management Activities

The Communications Officer continued to work with the SADES-K grantees to support them with project branding. She reviewed the communications strategy shared by KASH and gave feedback. The Grants Officer represented the Acting Chief of Party at the monthly COP meeting at the Safari Park Hotel. Discussions centered mainly on J2SR and how to collaborate with the counties for better results. The Communications Officer together with the Acting Chief of Party attended the Centre for Multi-party Democracy (CMD) “State of the nation and women’s voice on Kenya’s governance reform agenda conference” meeting at the Safari Park Hotel Nairobi on November 19.

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