Support to Devolution and Accountability and Systems for Community Security and Resilience in Kenya in Partnership with UNDP Annual Report: April 2015 to February 2016 1 Table of Contents List of acronyms ............................................................................................................................................ 3 I. Executive Summary ............................................................................................................................... 4 II. Country Context .................................................................................................................................... 6 III. Progress towards Programme Outcomes ....................................................................................... 12 Outcome 1: Devolution and accountability ............................................................................................ 12 Project: Support to the Commission for Implementation of the Constitution (CIC): ........................ 12 Project: Support to the Judiciary through the Office of the Chief Justice: ......................................... 12 Project: Realization of Human Rights and Access to Justice: ............................................................. 13 Project: Support to the Implementation of Devolved Government in Kenya ............. 14 Project: Support to Electoral Reforms and Processes (SERP): ............................................................ 15 Project: Support to the Civil Society for Democratic Governance - Amkeni: ..................................... 15 Outcome 2 Community security, social cohesion and resilience ........................................................... 16 Project: Support to Deepening Foundations for Peacebuilding and Community Security in Kenya: 2014-2018 programme ....................................................................................................................... 16 IV. Review of Project/Programme Progress ................................................................................................ 18 1 Support to the Commission for Implementation of the Constitution ............................................ 18 2 Support to the Judiciary through the Office of the Chief Justice .................................................... 20 3 Support to the Realization of Human Rights and Access to Justice................................................ 22 4 Support to the Implementation of Devolved Government in Kenya .............................................. 23 5 Strengthening the Electoral Processes in Kenya ............................................................................. 28 6 Support to the Civil Society for Democratic Governance -Amkeni Wakenya ........ 29 7. Support to consolidating the Peace Process and establishing foundations for a successful political transition (2010 – June 2014) and Deepening Foundations for Peacebuilding and Community Security in Kenya (July 2014 - 2018) ................................ 31 V. Challenges and Lessons Learned ......................................................................................................... 37 Devolution and Accountability ................................................................................................................ 37 Community security, social cohesion and resilience .............................................................................. 38 VI. Conclusions and Way Forward ........................................................................................................ 40 Support to the Judiciary through the Office of the Chief Justice:....................................................... 40 Support to the Implementation of Devolved Government in Kenya:................................................. 41 Strengthening the Electoral Processes in Kenya: ................................................................................ 41 Support to the Civil Society for Democratic Governance -Amkeni Wakenya: .................................... 41 Deepening Foundations for Peacebuilding and Community Security in Kenya: ................................ 41 2 List of acronyms 1. Centre for Enhancing Democracy and Good Governance (CEDGG) 2. Commission of Administration on Justice (CAJ) 3. Community Based Organizations (CBOs) 4. Electoral Operation Plan (EOP) 5. Foreign Direct Investment (FDI) 6. Global Entrepreneurship Summit (GES) 7. Human Rights Based Approaches (HRBA) 8. Integrated Financial Management Information System (IFMIS) 9. International Commission of Jurists (ICJ) 10. Judiciary Training Institute (JTI) 11. Kenya Human Rights Commission (KHRC) 12. Kenya Law Reform Commission (KLRC) 13. Kenya National Action Plan (KNAP) 14. Kenya National Commission on Human Rights (KNCHR) 15. Kenya School of Government (KSG) 16. Kenya Women Parliamentary Association (KEWOPA) 17. Lamu Port-South Sudan-Ethiopia Transport (LAPSSET) 18. Mass Voter Registration Exercise (MVR) 19. National Conflict Early Warning and Early Response System (NCEWERS) 20. National Counter Terrorism Center (NCTC) 21. National Gender and Equality Commission (NGEC) 22. National Police Service (NPS) 23. Non-Governmental Organizations (NGOs) 24. Public Benefit Organization (PBO) 25. Public Finance Management (PFM) 26. Small Arms and Light Weapons (SALW) 27. Society for International Development (SID) 28. Stakeholder Reference Group (SRG) 29. Strengthening the Electoral Processes in Kenya (SEPK) 30. Support to Electoral Reforms and Processes (SERP) 31. Technical Working Group (TWG) 32. United Nations Conference on Trade and Development (UNCTAD) 33. Universal Periodic Review (UPR) 34. Pilot Prisoners Legal Awareness Clinics Project (PLAC) 3 I. Executive Summary UNDP is honoured to have been in partnership with the Embassy of Sweden and the Embassy of the Royal Kingdom of Netherlands for the last four years in support of various programmes focused on promotion of democratic governance and peacebuilding in Kenya. In 2015, UNDP prioritized the following key interventions under this support: devolution and accountability, community security, social cohesion and resilience. These interventions have been implemented in collaboration with institutions such as the Judiciary, various Independent Constitutional Commissions including as the Independent Electoral and Boundaries Commission (IEBC), Commission on Implementation of the Constitution (CIC), Commission of Administration on Justice (CAJ), Kenya National Commission on Human Rights (KNCHR) and with the Ministry of Devolution and Planning and a number of county governments and civil society organisations. This support was dedicated to technical capacity building for CIC, CAJ, KNCHR, county governments, and other Constitutional Commissions. All implementing partners received financial support from UNDP as well as. UNDP continued its strategic support to institutional strengthening in advancing conversation on national transformation with CIC. The Commission supported public institutions to develop required policies upon which all legislation are anchored, reviewed draft bills before being tabled in parliament to ensure they meet constitutional threshold, organized stakeholder public consultation forums on draft and reviewed regulations and administrative procedures before they were gazetted to ensure compliance with letter and spirit of the constitution. These initiatives enhanced implementation of the 2010 constitution. Among the key policies reviewed were the Policy on Representation of Marginalized groups (Article 100), National Health Sector and Gender Policy, and Restructuring of Provincial Administration. The Kenya Health Policy (2012-2030) was adopted and published in 2015. The second assessment of the system of the devolved government was also undertaken. This will lead to increased efficiency and effectiveness of the devolved government structures. Through the partnership with CAJ, this reporting period realized an accelerated effort to clear old cases backlog through the Justice@Last initiative where by September 2015, 13,267 cases had been cleared against a target of 30,000. This initiative therefore lead to increased access to justice for Kenyans. A judiciary strategic plan 2014 – 2018 was also launched during the reporting period. The strategic plan builds upon the foundations of the judiciary transformation framework. End term evaluation of the Support to the Realization of Human Rights and Access to Justice in Kenya project conducted in 2015 showed that substantive institutional and programmatic progress has been made towards the Supporting the Realization of Human Rights and Access to Justice in Kenya. Kenya National Commission on Human Right’s effectively contributed towards influencing good governance, access to justice, and improved human rights observance in Kenya. The project made important tangible contributions (in collaboration with the GOK, NGOs, CBOs, universities and other stakeholders) in putting into place a variety of mechanisms and systems which have the potential to transform Kenyan society to become more accountable in its service delivery, more focused on individual human rights and gender considerations, and to be more inclusive towards marginalized and disadvantaged sectors of society. Notable actions include integration of HRBA by state and non-state actors, enhancement of Court Users Committees and the Chairpersons Forum as well as Annual Huduma Ombudsman Awards that focuses on compliance with HRBA by government