Gender Based Violence is a gross violation of human rights and should never be accepted or normalized. The Center for Rights Education and Awareness (CREAW) condemns in the strongest terms the assault witnessed at the Kiamariga Police station as seen on videos being circulated on various social media platforms and the mainstream media reports.
The information reaching CREAW and as seen on the video indicate that these heinous acts were committed in the presence of Mathira Member of Parliament Rigathi Gachagua and various police officers who seem not to be moved by the assault on the Observer – Martha Miano allegedly by the County Development Fund driver and therefore took no action! Such occurrence is regrettable from public officers who are under oath to carry themselves with honor and integrity.
We take note that this incident is not a unique case and that such incidences of violence against women continue to be on the rise. A recent report by GVRC indicates that over 4,000 cases of violence were reported in 2017. This acts dehumanize and take away the dignity and respect of our women. Therefore, the magnitude of the problem cannot continue to be ignored.
As an organization working to protect and promote the rights of women as enshrined in the Constitution, we strongly rebuke the savage and violent treatment accorded to Martha Miano. We therefore call upon the IEBC, Inspector General of Police and the Director of Public Prosecution to condemn this criminal act and take appropriate action immediately.
The Inspector General of Police should also ensure that Martha Miano is well protected while the perpetrator is out on bail.
Press Centre Archives - Page 3 of 6 - CREAW KENYA
Nairobi, Kenya, February 21, 2018: Katiba Institute representing Marilyn Kamuru, Daisy Amdany and Center for Rights Education and Awareness (CREAW) filed a case to safeguard the rule of law, constitutionalism and safeguard against the slide into state sanctioned anarchy.
The case highlights the violation of established law that requires that all State officers and organs have limited authority and may legally act only in accordance with the Constitution. Relying on a prior decision of the High Court in Petition 566 of 2015 which determined that the Cabinet was unconstitutional, null and void effective August 2017, the case argues that The President failed to observe the law by following the process for appointing Cabinet.
That the actions of the President in nominating and appointing Cabinet was beyond his constitutional authority as provided in Articles 1, 2, 3, 129(1), 132(2) and 152(2), and as such per Article 2(4) these acts are invalid. That the actions of the National Assembly in approving a partial list of nominees in the knowledge that their approval would result in an unconstitutional Cabinet (one in violation of 27(8), were beyond their constitutional authority as limited in Articles 1, 2, 3, and 93 which requires the National Assembly must act “in accordance with this Constitution”.
The case seeks orders that the ultra vires actions of the President and National Assembly are declared unlawful with no legal effect, and further orders to restrain all members who hold State office through these illegal actions from exercising state authority. The case also seeks orders requiring the President to legally constitute a new Cabinet in compliance with the Constitution and all applicable law.
This case is important to every Kenyan because it seek to affirm the Constitution which provides that neither State Officers nor State Organs have unlimited authority in Kenya or over Kenyans. That the exercise of any State officer or Organ outside of the constitutionally allowed authority is illegal. That the exercise of State authority is not available to persons who have acquired State office illegally, or through a violation with the applicable law and processes for eligibility, approval and appointment.
Date: 1st February 2018
On 26th of January 2017, the President of the Republic of Kenya, Uhuru Muigai Kenyatta, in a statement to newsrooms announced his new cabinet comprising of, Cabinet Secretaries, Chief Administrative Secretaries and Principal Secretaries. Part of the list of new cabinet appointees has been forwarded to parliament for vetting.
Of all the nominees, there is no youth. Further, out of the whole proposed cabinet composition, only one person with disability has been nominated as a Principal Secretary. The percentage of women in all the cabinet position remains grossly below the constitutionally stipulated percentage. Worse still, it has retrogressed rather than progress contrary to Article 27 (8) of the Constitution. Whereas in 2013, the percentage of women nominated for the Cabinet Secretary and Principal Secretary positions was 30% and 36% respectively, the percentages in the current list of nominees have dwindled to a merger 28.5% and 27.8% respectively. Exacerbating the situation, regional imbalance is out-rightly glaring with 2 out of the 43 Kenyan tribes scooping 59% of the cabinet positions.
The list of nominees reeks of pungent discrimination on the basis of age, disability, ethnicity and gender. The list flies in the face of paragraph 3 of the preamble, articles 3, 10 (b), 27, 54(2), 55 (b) and 131(2) of the Constitution and Section 10 of the Public Service (Values and Principles) Act. It cannot and should not be allowed pass in a democratic state like ours which is based values including inclusivity, equality and non-discrimination.
We, the youth, persons with disabilities, women and Kenyan from diverse ethnic backgrounds, condemn the President’s nominations, which fall far outside the coordinates of the Constitution. We note that it is embarrassing and saddening in equal measure that twice, the President has taken oath to respect, uphold and defend the Constitution, but has gone ahead to patently and openly contravene its most basic tenets.
In his various addresses to the state, the President has reiterated that he is a president of all Kenyans and not selected Kenyans; a symbol of national unity mandated under article 131(2) (c) & (d) of the Constitution to promote and enhance unity of the people, promote respect for diversity of the people and Communities of Kenya and to ensure the protection of human rights and fundamental freedoms and the rule of law. It is utterly shocking that the same is not reflected in his actions. It begs the question whether he indeed is a symbol of national unity or that of a selected polity for which we youth, persons with disability, women and Kenyans from certain regions do not belong.
The President, purportedly acting on recommendations of the Public Service Commission, has gone ahead to create the positions of Chief Administrative Secretaries in the Cabinet. Judging from the general and specific job descriptions of the Chief Administrative Secretaries, they rank higher than Principal Secretaries, a development that was not envisioned in the Constitution. Had people of Kenya wanted representatives higher in hierarchy than the principal Secretaries, it could have been easier to include the same in the constitution.
We strongly condemn the move by the president to manipulate the Constitution by reincarnating the order associated with the old constitutional dispensation (i.e. Minister- Assistant Minister- Permanent secretary). Such unconstitutional move must be arrested immediately. We know that the Chief Administrative Secretaries positions were created purposely as consolation prices for the President’s allies who lost in the August 8 2017 General Elections and not for nation building . It is for this reason that the positions were never publicly advertised to give room for competitive selection contrary to article 232 of the Constitution. Kenyans denounces the redundant positions under the current constitutional dispensation and we still refuse to be burdened by the huge wage bill attendant to superfluity. We further note that the nominations of the chief administrative secretaries is marred with discrimination as elucidated above.
We the youth, persons with disability, women and Kenyans from diverse ethnic backgrounds recognize all that the all the groups are capable of ably taking up leadership roles in our country. We aspire for a government based on human rights, equality, inclusivity, social justice and the rule of law.
Therefore, we demand:
- That the President recalls the gravely flawed list and resubmits a list that strictly adheres to the Constitution dictates with emphasis on inclusivity.
- That the judiciary shows its fidelity to the rule of law and quashes these unconstitutional appointments.
By Christine Ogutu
Women legislators on Friday 12th January converged in Naivasha for an induction workshop.
The three day event aimed at “laying the foundation for an effective female legislator” was organized by the Kenya Women Parliamentary Association (KEWOPA) in partnership with the Center for Rights, Education and Awareness (CREAW), UNWomen, USAID and FIDA among other key actors in gender and governance.
Speaking at the event, the outgoing chairperson of KEWOPA Cecil Mbarire lauded the gains made by women MPs in the previous parliament in actualizing legislative processes. She called on the leaders to be proactive in building communities.
In the 11th Parliament, women contributed tremendously to the enactment of family and gender based violence legislations. These are: Matrimonial Property Act, Marriage Act, Protection Against Domestic Violence Act, and Prohibition of Female Genital Mutilation Act.
“We have numbers in parliament to achieve our goals. We need to stay focused and chat the way forward for the women agenda,” said Mbarire who served as the chair of KEWOPA in the 11th Parliament.
“Let us capacity build women to be effective leaders,” she added.
The Cabinet Secretary for Public Service, Youth and Gender Affairs Sicily Kariuki congratulated the legislators for making it to the National Assembly and Senate noting that the country has beaten many odds in terms of women representation in key decision-making spaces especially in Parliament.
“The gradual increase in the number of women in all arms of government is as a result of consistent and tireless efforts of our path finders whose shoulders we stand on,” she noted, explaining that it was important that the female legislators understood the history of women empowerment so that they soldier forward with full appreciation of those who came before them.
In the quest to ensure gender balance in all elective and appointive positions, Mrs Kariuki challenged the MPs to ensure the country attains and upholds the two-third gender principle within their oversight and legislative roles.
It is the first time since the dispensation of the Constitution of Kenya 2010 that three women were elected as governors in an election that also saw three women senators and 23 women MPs elected to the 11th Parliament; a great milestone in the push for gender equality and women empowerment.
“There is need to ensure both the national and county governments allocated enough resources to prevent and respond to gender based violence,” she said, adding that “we need to advocate and legislate for resources to end all forms of GBV and keep our girls in school.”
Her sentiments were also echoed by the former Gichugu MP Martha Karua who reiterated the need for male engagement in advocacies around gender imbalances in governance.
“When you contextualize gender within the family, it becomes very easy to convince men on our courses. In this, even the worst critics of gender inclusivity become your partners,” Karua said.
Karua who expressed optimism in the ability of women voices in parliament, explained that women have the responsibility to steer the country to prosperity if they speak with one voice even out of parliament.
“Most political parties have not met the Constitution merit on gender; you need to speak out on such inequalities,” she said.
During the induction, Kirinyaga Woman Representative Wangui Ngirici was elected the KEWOPA chairperson taking over from Mbarire. Also elected to lead the Association are the Kisumu Women Representative Roza Buyu as vice chairperson in the National Assembly and nominated Senator Milicent Omanga, vice chairperson in the senate.
Center for Rights Education and Awareness (CREAW) is implementing a three year (November 2016 – October 2019) project dubbed, ’The Haki Yetu, Jukumu Letu’ project is funded by the Embassy of Netherlands in the counties of Meru and Kilifi.
Haki Yetu, Jukumu Letu Programme – NewsLetter (June – August) by Centre for Rights Education and Awareness on Scribd
CREAW has been implementing community awareness and empowerment programmes in Kibera aimed at increasing access to justice for survivors of Sexual and Gender Based Violence (SGBV) while also involving the police, Provincial administration and community members in a participatory approach aimed at reducing instances of sexual and gender based violence.
Access to Justice – Finland NewsLetter | July – Sept 2017 by Centre for Rights Education and Awareness on Scribd
Victims of sexual harassment and human rights crusaders are celebrating victory after a Nairobi court handed the death sentence to three men who molested a woman inside a minibus in Githurai.
The incident in which the three, a matatu driver, a tout and a petrol station attendant molested the female passenger sparked outrage 3 years ago after a video of the incident went viral.
Judge John Mativo found Parliament and the Senate guilty of failing to observe its constitutional mandate of ensuring that no gender shall more than two thirds of elective seats in both houses.
The judge gave directions to Parliament and Attorney General Githu Muigai to take steps to ensure the legislation is enacted within the next two months from the ruling and progress reported to Chief Justice David Maraga.
Parliament has now been given 60 days to enact legislations effecting the 2/3 gender rule or face dissolution. High court judge John Mutivo says parliament consisting of national assembly and the senate are guilty of failing to enact the legislations that will implement the constitution. The verdict was read this morning at the Milimani courts and here is a part of that ruling.
Less than five months to the next general election and different players are cementing their positions in the race. Some of those players are women, who make 51% of the electorate and who, through a movement dubbed ‘2017 Ni Mama’ intend to consolidate and push for greater representation of women in the political sphere. Gladys Gachanja was at the launch of the movement and now brings us the women’s political stand in this week’s Women and Power.