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

Introduction During September 2019, the grantees for all Result Areas continued implementing their activities. The SADES-K team planned and held the United States Ambassador to Kenya H.E. Kyle McCarter’s breakfast meeting with SADES-K grantees. A key calendar event for SADES- K, the International Day of Peace, was held across the regions on September 21, with the theme “Climate Change for Peace.” The Institute of Development Studies (IDS) of the University of (UoN) continued media monitoring and held the “movers and shakers” meeting which mapped out the individuals and organizations with power and interest in the governance of the country and discussed the state of governance in the country. Context Analysis The context mirrored the happenings in August 2019. Political issues that dominated discourse included the passage of the Independent Electoral and Boundaries Commission Amendment (IEBC) Bill 2019 at the National Assembly, which now enables recruitment of commissioners1; speculations around the nature and content of the Building Bridges to Unity Initiative (BBI) Taskforce report; Kibra Constituency by-elections in ; presentation to and discussion of the Punguza Mizigo Bill by County Assemblies and issuance of another proposal for constitutional and governance reforms by the Council of Governors (COG) and County Assemblies Forum (CAF) – the Ugatuzi Initiative with the aim of strengthening devolved units. The initiative proposes altering the current structures at national and county levels, including increasing revenue allocation to the Counties. Most counties have so far rejected the Punguza Mizigo proposed amendment to the constitution bill. Only one county, Uasin Gishu County is on record to have given it a yes vote out of a total of eight counties. Observers are looking to IEBC to generally declare the Bill as having failed to meet the expected legal threshold. The Bill, which was cleared by IEBC on July 18, 2019, is being fronted by the Third Way Alliance political party. On this, it can be deduced that the campaigning by politicians, especially those sympathetic to the building bridges process, seems to have borne fruit. A good number of politicians have openly campaigned against this Bill especially among MCAs. It seems, for now, that the BBI remains the only other political processes that might offer an alternative solution. It is not yet clear whether its proponents will come with any constitutional amendment proposals. Rifts within the ruling Jubilee party widened, pitting Kieleweke2 versus Tangatanga3 factions of the party. While this was the case even in August 2019, the decision by allegedly the Tangatanga wing of the party ‘to field a candidate’ to vie in the Kibra by-elections scheduled for November 2019 further widened the division. The pro-handshake faction of the ruling party openly opposed the declared candidate and supported the rival candidate fielded by the Orange democratic movement (ODM). Besides the wrangles in the ruling Jubilee Party, factional political fights were also reflected in the women MPs as well as those in influential positions. Organized as

1 The perceived partiality on the part of IEBC in the conduct of the 2017 General Elections and the attendant resignation of four out of the seven commissioners exceedingly eroded the credibility and trust in the IEBC. For close to two years now, the Commission has operated with three commissioners against constitutional and legal provisions that define quorum in the composition of the body. The passage of the Bill by the national assembly reignited the hope of reconstituting the commission. 2 A pro-handshake faction. 3 An anti-handshake faction.

Embrace Kenya Movement (supporting the handshake and the BBI process) and the Inua Mama Movement, allegedly associated with the Deputy President and opposing the handshake continued with their campaign around the country. These divisions are likely to manifest in the coming month particularly after the release of the BBI taskforce report.

In , there was land conflicts between the communities and the Kenya Defense Forces (KDF), especially in Ngaremara, Burat and Oldonyiro wards. Nearly 30,000 people living on the western bank of Isiolo River would be rendered homeless should KDF effect the eviction order.4 The county nominated seven members to Public Service Board (ICPSB). ICPSB has been operating with only two members since June 2019. The governor and deputy are currently in some frosty relationship and that is not deemed as good for the county.

Mombasa and Tana River counties experienced incidences of insecurity and criminal gang activity. Four suspects were arrested on September 10 in Likoni for attacking residents in a revenge mission after one of their own was gunned down by police officers. Several people were injured in their localities just after the burial of a suspected gang leader who had been shot dead a day before the attacks. The recent police reshuffle brought in increasing surveillance in the criminal hot spots. There has been public outcry over the recent public participation forums for fiscal planning in . KECOSCE Peace Monitors established that four people, including two brothers and truck drivers, were reportedly shot dead before being torched and burned beyond recognition by their attackers in Tana Delta, . Drought continued to ravage many parts of Tana River with many residents calling on the county and national government for relief food assistance. Pastoral communities have been advised to reduce the sizes of their herds and retain what they can manage. During the month Deputy President William Ruto was in Garsen Town, Tana Delta in the company of Mama Rehema Hassan, Tana River County’s women MP to support women groups. In Mombasa the agreement between Kenya Ports Authority (KPA) and Kenya Railway Cooperation (KRC), forcing importers to haul cargo via Standard Gauge Railway for clearance in Nairobi, has triggered weekly protests in Mombasa. This change by KPA and KRC did was not informed by public participation from transporters, traders and other beneficiaries of port services. Three Mombasa residents and MUHURI in 2018 filed a petition challenging the directive, necessitating the formation of a bench by the Chief Justice. A recent University of Nairobi (UoN) research revealed Container Freight Stations (CFSs) would result in the loss of jobs and affect the economy.5 county experienced inter-clan clashes between Uasin Gishu and Siria clans of the Maasai community which has so far claimed lives and caused tension among the Maasai. There was relative peace and calm along the borders of Pokot and Turkana Communities. This has assisted the two communities which have suffered conflict and bloodshed for a long time to engage in development dialogues. Uasin Gishu experienced some apprehension with continued wrangles in the Jubilee Party. Two factions have merged in the Rift Valley one led by Hon. Joshua Kutuny supporting the BBI

4 https://www.the-star.co.ke/news/2019-09-25-senators-reject-kdf-plan-to-evict-isiolo-residents/. 5 https://www.businessdailyafrica.com/news/-SGR-freight-service-killing-the-Coast-economy/539546-5274252- ylfvs4/index.html.

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initiative. The Kutuny team accuses the Deputy President not working on problems faced by his voters especially on the farming issues and the Mau evictions. On the other hand, the faction led by Hon Oscar Sudi that supports William Ruto for presidency and the Punguza Mizigo initiatives. Accusations went around the country that William Ruto is sponsoring Aukot’s initiative of Punguza Mizigo when the Uasin Gishu county assembly passed the bill with a majority. The vote is seen as a quiet rejection of Uhuru and Raila’s BBI. There are some worrying signals to immigrants living the North Rift, and some of the residents in the Burnt Area are said to be selling parcels of land because of the political uncertainties come 2022.

The media sector was quite in the month. In the case of Monica Cohen versus the prosecutor and the Linturi divorce case, the court invoked the sub judice principle to bar media from reporting on the foregoing. Result Area I: Kenya’s Governance Architecture Revisited and Strengthened SADES-K continued to close out the BBI in-kind grant as the BBI completed its county engagement forums in August. The SADES-K-supported researchers completed their contracts in Mid-September 2019. These researchers provided technical support in the drafting of the report through provision of a literature review on theoretical justifications and historical antecedents on the nine-point agenda items, data collation, data analysis and report writing based on inputs from the county engagements. SADES-K carried out close out interviews with some of the BBI staff; during these discussions BBI staff acknowledged our support, agreed that they will not pursue the communications support we originally offered, and confirmed they will close their work by October 23. SADES-K contracted a consultant to collect memoranda and notes from the 12 county engagements SADES-K organized with the BBI and to write a report on the findings. This summary report will be used as an accountability tool once the BBI report is released to ensure that the public’s views are accurately reflected in the BBI final report recommendations. Centre for Multiparty Democracy (CMD) -“National Dialogue and Governance Reforms Project” CMD-Kenya convened two multi-party dialogue sessions - Uasin Gishu on September 26 and on September 27 - with 40 participants in each meeting. Political parties at the sessions included KANU, Jubilee Party, Orange Democratic Movement (ODM) and Chama Cha Mashinani (CCM). The focus of the sessions was to provide opportunities for multi-party discussion on strategies for strengthening political parties’ issue-based collaborations. The dialogue sessions were facilitated by an external expert with background in policy development and CMD provided technical support to political parties to help them clarify and build consensus around their policy issues. A key area of discussion during the dialogue sessions was the importance of collaboration among political parties on governance issues and national reform agenda.

Bloggers Association of Kenya (BAKE) BAKE submitted a revised proposal which was reviewed by SADES-K. BAKE proposes using digital platforms and media literacy forums to create awareness and stimulate conversations, especially among youth, about the BBI report once published and to give more visibility on

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grantee activities. The proposal is still under review given the speculations around the BBI process. Result Area II: Social and Ethnic Cohesion Strengthened The Result Area 1 grantees began project activities and one key activity in September was the International Day of Peace on September 21. Merti Integrated Development Project (MID-P) - “Strengthening Social and Ethnic Cohesion in Isiolo County” project

MID-P officially kicked off the project on September 30 to create awareness and understanding of the project to different stakeholders drawn from the National Government, the County Government of Isiolo, the Council of Elders from all the five major tribes in Isiolo (Borana, Meru, Turkana, Samburu and Somali Council), women groups, People with Disabilities(PwDs) and youth groups, among others. A total of 52 (14 Female / 38 Male) persons participated. The meeting provided an avenue for different players to come together and deliberate on ways to support the project. The assurance by both a leader of the national government, represented by the County Commissioner, and the county government, represented by the County Secretary, was a great start for the project. The meeting was covered by two local FM Radio stations and one national newspaper reporter.

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

KASH consortium continued with courtesy calls to key stakeholders in September 2019. In addition, KASH visited County Government offices as well as the county commissioners offices to introduce the project and seek buy in for the project. KASH implored the stakeholders to participate in specific projects activities like the stakeholder’s forum and a community dialogue in target locations. KASH also discussed commemoration of the International Day for Peace. The KASH consortium, in collaboration with other stakeholders and the county government of Kisumu, planned different activities to commemorate the International Day of Peace on September 20. The agenda for the day included community market clean up at Kondele as well as clean up at the Jomo Kenyatta sports ground. Peace messages were spread through a procession from Kondele to the sports ground, a football tournament (with police participation) and "tag of peace”. The guest of honor then gave her speech on peace. A total of 238 participants were directly reached, exceeding the project target of 150. The KASH consortium opened Facebook and Twitter accounts to share the project’s information as well as key peace messages aimed at reaching the larger youth population who are mainly seen as perpetrators of violence and young women who are the bearers of the aftermath of the violence. KASH highly publicized the accounts on the International Peace Day. The hotline number is Zuia Noma Mtaani 0800-724190. Kenya Community Support Centre (KECOSCE) - “Building Peace and Cohesive Communities in Tana River and Mombasa Counties” Project

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KECOSCE paid courtesy calls and visits to duty bearers following the reshuffling of administration and police officers in Mombasa and Tana River. KECOSCE introduced the project to the new officers and planned for the international day of peace. Visits were made to two county commissioners, four deputy county commissioners, members of Parliament and the Office of the Governor Mombasa, and the county executive officers for youth and special programs in the Mombasa and Tana River counties. This led to increased stakeholder buy in and support for the project initiatives. KECOSCE held an inception meeting for the SADES-K project in Tana Delta in the Garsen division. It brought together local stakeholders including the sub county security and intelligence committee, peace committee members, women and youth leaders, religious leaders, members of business community, representatives of the county government and local civil society organizations. KECOSCE introduced the SADES-K project and KECOSCE approach towards strengthening community cohesion and enhancing conflict early warning and response mechanisms, as well as enhancing institutionalization of peacebuilding efforts in the county. The event was used as a platform to map out local conflicts and actors for resolution and tracking and 31 participants (22 males, 9 females) were present. KECOSCE conducted six planning meetings to ensure coordination and inclusion of actors; the meetings brought together different stakeholders including state and other peace actors to provide communal ownership of the event and mobilize participants for the occasion. In Tana River, KECOSCE held a peace and cohesion dialogue forum that brought together members of the local peace committees, resource management committee, administrators from national and county government and police. The forum deepened the mapping of conflicts in the Tana Delta and potential partners to be involved in resolving the conflicts. The stakeholders were also sensitized on the conflict tracking tools and prioritized four major conflicts in the area that the two committees will resolve. A total of 47 (24 females / 23 males) were present. The International Day of Peace was commemorated in Mombasa and Tana River Counties. The occasion came at a time when Tana River County is celebrating seven years of peaceful coexistence after experiencing viscous inter- ethnic conflicts between Pokomo and Orma who fought over scarce resources. This contrasts to Mombasa where the informal settlements of Kisauni have continued to experience recurrent attacks from juvenile gangs and killings. In Mombasa, the event was attended by 240 people and in Tana River 291 people attended. The events were graced by the county commissioners, local political leaders (MPs and MCAs) as well as representatives of the county executives. Both events were covered by the local media, while the one in Tana River was streamed live at Amani FM. KECOSCE launched the Kisauni Early Warning and Early response (EWER) system during the commemoration of the international day of peace. KECOSCE designed and printed security contact cards bearing all the numbers of local law enforcement officers in Kisauni. These were then unveiled to the public by the county commissioner for enhancing early warning and response in Kisauni. The initiative was meant to curb insecurity issues in the localities through provision of fast response to alerts shared and build relationship between police officers and community members. This information has helped in conflict scanning and reporting through the early warning for early response system. The EWER mechanism is a system that supports peace monitors and individuals in sharing information on potential conflicts with KECOSCE’s alert number and local response actors. The revamping of the KECOSCE EWER system contributed

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to receiving 40 incidence reports from Mombasa and Tana River with 15 of the reports verified, approved and populated on the KECOSCE crowd map. KECOCE held three radio talk shows, two in Mombasa and one in Tana River County on Radio Rahma, Radio Salam and Amani FM respectively. The shows were used to raise awareness of the International Day of Peace and sent critical peace messages to people. The radio shows allowed listeners to voice concerns, ideas, and opinions concerning ongoing peace discussions. Rural Women Peace Link - “Let’s Build Bridges of Peace for our Peace” project

RWPL collaborated with key stakeholders - including the county government and national government under the county commission where the NSC and county peace forums are housed - to jointly set up a planning committee in the county to plan for the International Peace Day. The team reached out to the business community and Ken Knit responded positively. RWPL mobilized 394 residents of Uasin Gishu from different ethnic communities across the six sub counties6 to take part in the event. The day was used to create awareness on the importance of protecting the environment, responding to the climate challenge and spreading the message of peace among all stakeholders. It also underscored the importance of nurturing peace.

RWPL held two women bunge forums in Uasin Gishu and counties respectively which enabled the local women to have discussions on how to have a peaceful county. A total of 73 women with divergent views deliberated on how to create stronger new communities devoid of violence and conflict. They expressed their willingness to participate in the project and bring lasting peace to their communities. SIKOM Peace Network for Development (SIKOM) - “Enhancing Cohesive and Integrated Communities (ECIC) in West Pokot and Turkana Counties” project SIKOM convened an intra-community peace dialogue meeting at Kampi Karaya7 in Sarmach sub location of Porkoyo location in Pokot Central Sub-county on September 21. The forum was attended by elders, women (including women peace champions), youth and religious leaders with a total of 67 participants. SIKOM held a radio talk show aired on North Rift Radio on 25 September. During the radio talk show the SIKOM Executive Director introduced the SADES-K project to the public and highlighted its area of operation, goals and project strategies to enhance social cohesion. He also explained the role of peace committees and women peace champions in promoting peace and social cohesion. Mr. Lopetakou, the Pokot cultural ambassador representing elders, explored the total cost of conflict to the community stressing the need for social reconciliation among the warring communities. SIKOM’s staff explained to the public the peace resolutions previously made in the Karamoja cluster (Nabilatuk resolutions, Nakonyen Resource Sharing Agreement 2018) and the MOU signed by His Excellency Uhuru M. Kenyatta and His Excellency Yoweri K. Museveni in Moroto, Uganda on September 12.

6 Kapsaret, Turbo, Moiben, Kesses, Soy, and Ainabkoi 7 Kampi Karaya along - Highway has been listed as a hot spot area as a result of highway robbery and banditry.

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SIKOM held an inter community dialogue forum at Kainuk center in on 28 September with a total of 120 participants (15 females / 105 males). Recently in other forums, elders and community leaders had shared the idea of starting a collective market at the center. This market, if successfully established, will bring together Pokot, Turkana and Marakwet communities to trade in one place. SIKOM views trade as a useful tool in sustainable peace building that will promote social cohesion thus leveraging on the idea of bringing together community members from areas around Kainuk in order to have them come to an agreement to reinforce peaceful co-existence and enhance intercommunity trade to promote cohesion. The community members in the meeting agreed to maintain peace and calm among them in order to push for a common market at Kainuk to boost cross-border trade and enhance social relationships. Anglican Development Services of Kenya (ADS-K)- “Building Bridges to Unity Initiative in ” project ADS-K held a meeting with the leadership of the Anglican Church of Kenya’s Kericho Diocese to create awareness for the project and discuss the dynamics of peace building in Trans Mara. The meeting also enabled the identification and mobilization of key peacebuilding stakeholders among the Maasai and Kipsigis communities, including key national and County government officials that will be key in implementing the project. Other key stakeholders, including youth, women and organized groups such as religious leaders, will be key in encouraging public participation and contribution of ideas not only in regard to peacebuilding but also in holding duty bearers to account. SADES-K received and issued disbursement for Milestone 1 for Anglican Development Services of Kenya (ADS-K). Result Area III: Civic and Democratic Space Protected Grantees under this Result Area implemented project activities, as detailed below: Media Council of Kenya (MCK) Consortium – “Enhance Media Professionalism in Kenya” project Kenya Union of Journalists (KUJ) and Association of Media Women in Kenya (AMWIK) who partners to the consortium signed their MoUs thereby stating their engagement and compliance to the project The MCK submitted the proposed amendments to the MCK Act 2013 to the Ministry of ICT for review. A meeting previously scheduled with the parliamentary departmental committee on ICT, together with ministry officials was rescheduled to enable consideration of the proposals. The Terms of References (ToR) for a consultant to commence the Media Policy development was developed. MCK mobilized various players including the police, journalists unions and editors to work on the development of national mechanisms for safety and protection of journalists in Kenya on 30 September and October 1. The mechanisms detail case admission criteria and a reporting and monitoring tool. A draft document was produced and will be validated by the Kenya media sector working group and finally adopted. SADES-K received and issued the first disbursement for Milestone 1 to MCK. Muslims for Human Rights (MUHURI) - “To Enhance CSOs, Government and Media relationships in human rights and the rule of law” project

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MUHURI carried out a mapping exercise for CSOs which revealed that most grassroots CSOs are not compliant with governing laws. The exercise also established that some Community Based Organizations (CBOs), with their vast experience, had the potential of growing into NGOs. The exercise also noted a number of unattached Human Rights Defenders (HRDs) who were doing an incredible job but were not documenting the cases correctly, often losing the data that would assist in ending abuses. Following the mapping exercise on September 12-13, MUHURI trained 26 HRDs in Taita Taveta on compliance and human rights documentation. A similar training occurred on September 26-27 in , reaching 28 rights defenders. The training equipped participants with basic skills for effective human rights advocacy, rebuffing the hostilities caused by security agents and the public, legal and compliance issues and basic skills of on the collection and documentation of human rights issues and physical and digital security. MUHURI acquainted CBOs that aspired to be NGOs with compliance requirements and the basic skills required. MUHURI conducted four consultative forums between CSOs, media, and government officials in Tana River, Lamu, and Taita Taveta with a total of 96 participants. The forums enabled the stakeholders to map practicable plans to expand the democratic and civic space within the counties. Each sector also provided insights into their work and the challenges they experience in advancing the rule of law. Poverty Eradication Network (PEN) Consortium – “Strengthening Civic and Democratic Space through the Implementation of the Public Benefit Act 2013” project PEN held formal and informal engagements with the Civil Society Regulator through other events at the county level that are focused on improving civic spaces. There has been an increasing need to engage various stakeholders, especially the civil society players at the county level, before the specific county activities begin to take place. This process helped the consortium engage other players at their various counties and platforms. The PEN consortium followed-up with the NGO Coordination Board with the aim of having them on board before initiating the processes of reviewing rules and regulations. Their involvement and support to this activity is important as they are the main stakeholders who will be enforcing the PBO Rules and Regulation. Their participation therefore is a prerequisite in the success of this important activity and other activities geared towards advocacy for the commencement of the PBO Act (2013). Internews worked with FHI 360 to revise the work plan, aligning it more to J2SR and establishing clarity on Internews’ role in project activities of partners. The revised work plan was submitted to FHI for their consideration. Internews supported hiring an Advocate of the High Court of Kenya for the MCK consortium members. The Advocate who started in September will be hosted at Kenya Union of Journalists (KUJ) offices and support consortium members with their legal needs. He can also represent them in court as well as give legal advice on memoranda and draft laws, whenever necessary. Internews held a meeting with MCK consortium members and BAKE to discuss the trainings that will take place over the course of the year and to engage partners on how best to hold them. The trainings will cover multiple topics, including mobile journalism, solution-based journalism, conflict sensitive reporting and verification, among others.

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There is an ongoing fine tuning of the job description of the organizational development consultant. The consultant will work with all the parties who were part of the assessment. The gaps identified in the assessment will be the focus of the consultant, to ensure they are stronger and better able to implement the project.

Internews started the process of revising the court reporting guide following a request of the Kenya Editors Guild (KEG). The guidebook is a desk research which will be undertaken in October.

Result Area IV: National Conversation and Implementation of Outcomes Monitored for Accountability, Learning and Scale-up IDS continued with media monitoring and planning for the opinion polling which will assess Kenyans’ awareness and perceptions on governance reforms. IDS designed the research tool in consultation with the stakeholders and revised the inception report in line with feedback provided by SADES-K. IDS held the Movers and Shakers meeting at Serena Hotel on September 25, which mapped out the individuals and organizations with power and interest in the governance of the country and discussed the state of governance in the country. This will be crucial in the development of the research tools and in identifying the stakeholders to engage in the dialogue process.

Rapid Response No grants were issued under this funding mechanism during this month.

Project Management Activities

The SADES-K team planned and held the United States Ambassador to Kenya H.E. Kyle McCarter’s breakfast meeting with SADES-K grantees. A total of 14 participants (4 females /10 males) attended, most of which were executive directors from the grantee organizations. Zeph Aura, the USAID Senior Elections Advisor introduced SADES-K and then grantees from each Result Area served as the key speaker to introduce their Result Area. Mark Meassick, the USAID Mission Director, then facilitated discussions on the current political context, the BBI process and its implication once the report is tabled, corruption and other governance problems facing the country. The Ambassador was keen to know the grantees contribution in solving some of the issues facing the country. The meeting enabled SADES-K to introduce itself as a project and the change it seeks to achieve to the Ambassador

As grantees continued with activity implementation, they have been working closely with the Communications Officer (CO) to ensure adherence to SADES-K’s branding strategy and marking plan. This month, the CO supported the Merti Integrated Development Programme (MID-P), Kenya Community Support Centre (KECOSCE), Keeping Alive Societies Hope (KASH) and Rural Women Peace Link (RWPL) in project branding.

The SADES-K CO also attended the monthly USAID Communications meeting at Safari Park on September 27. During the meeting, the communication peers discussed and learned more about measuring social media impact. They also discussed some of the areas they would like the

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USAID communications team to focus on in 2020 and reflected on what was covered through the year to create further benefit.

The SADES-K Acting Chief of Party and the Technical Advisor attended the Chief of Party monthly meeting also held on September 27 at the Safari Park Hotel. The USAID Mission Director Mark Meassick also attended the meeting and underscored alignment to the Journey to Self -Reliance (J2SR).

On September 12 the Acting Chief of Party and Monitoring and Evaluation Officer attended a dialogue contact group meeting dubbed ‘The Kenya we want’. The aim of the meeting was to provide a common platform for various initiatives and non-state actors generally to address the country's ensuring governance challenges through consolidated and harmonized national dialogue and reconciliation process.

SADES-K met with Free Kenya Movement on September 19. They have an initiative dubbed ‘Ondoa Mizigo ‘approved by IEBC and are collecting a million signatures. They are requesting support in creating awareness for their initative. SADES-K advised them to wait for the BBI report and prepare to engage on its content.

SADES-K started engagements with various civil society actors including Saferworld, Civil Society Reference Group (CSRG), Bunge la Mwananchi, Hekima Institute of Peace Studies in anticipation of the BBI report release.

Program Administration

SADES-K finalized the interviews for candidates applying for the Chief of Party position.

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