Kenya policy tracker

This policy and legislation tracker provides summaries, status and concerns for critical policies of concern to dryland areas of Kenya, and recommended action. For comments, questions or updates on these legislations contact DLCI at info@dlci-hoa.org.

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Draft Legislation Status Concerns Recommended Actions
GENERAL

Strategic plan for the ASALs Within the implementation
framework formulated in this
Strategic Plan, the State Department for the Development of ASALs have
identified four Key Result Areas
(KRAs) namely: Coordination of
Development in ASALs; Resilience
Building; Social and Cultural
Integration; and Governance.
Implementation of the four KRAs
will be supported through four
strategic objectives:
(i) To coordinate formulation
and implementation of
policies and strategies for the
development of ASALs;
(ii) To build resilience through
economic and social
intervention programmes;
(iii) To facilitate social cultural
integration of communities in
ASALs and cross-border areas;
and
(iv) To strengthen the
institutional leadership of
SDDA.
The State Department has
adopted the following strategies
to implement the four KRAs:
(i) Facilitate and promote policy
and legal dialogue and
coordinate stakeholders in
planning and development of
ASALs;
-(ii) Promote private sector
investment in ASALs;
(iii) Develop and manage a
knowledge management
system for ASALs;
(iv) Support the implementation
of EDE-MTP III;
(v) Promote climate-proofed
infrastructure;
(vi) Promote livestock value chain
and market access for other
products;
(vii) Promote climate-smart
agriculture;
(viii) Design and implement key
programmes affecting social
and economic development;
(viii) Strengthen coordination for
drought emergency response
strategy:
(viii) Support peace building
initiatives in conflict prone
areas and programmes
between the national and
county governments, and
other stakeholders;
(viii) Promote peaceful
coexistence amongst
communities; and
(ix) Promote of cross-border
peace initiatives.
The Strategic Plan outlines the
proposed organisational structure
that will support implementation
of the planned activities.
The plan articulates human
resource development strategies,
resource mobilisation and a risk
mitigation framework.
Further, monitoring, evaluation
and reporting is embedded as
critical tools for tracking progress
in the implementation of the
Strategic Plan.
The plan also sets out
interventions necessary to unlock
and tap the economic potential of
the ASALs for accelerated growth
and development.
It aims to address the
marginalisation question and
ensure that the ASALs regions are
not left behind as the rest of the
country marches towards the
achievement of the Kenya Vision 2030 aspirations.
-
Preservation of Human Dignity and Enforcement of Economic and Social Rights Bill, 2018. Introduced in the Senate and undergoing Second Reading in November 2018 Bill establishes framework for the preservation of human dignity; for the promotion, monitoring and enforcement of economic and social rights, to establish mechanisms to monitor and promote adherence by county governments to Article 43 of the Constitution;

Interested members should consider looking at the same and advocating around it

-
Equalization Fund – Constitutional Amendment Bill on the regulation. Bill passed by National Assembly and senate. (see DLCI brief) The need for more focus on new projects that reduce marginalization and particularly marginalized areas not just counties. Need for more transparency in use of appropriated funds especially on cost of administration. Need board to go beyond Principal Secretaries. Need to consider appointment of independent board. PPG to develop action plan that includes follow up with the Board and Treasury to release funds for completed projects, and sponsor bill to allow the parliament to review the regulation.
Draft Equalization Fund Bill sponsored by PPG Draft is ready and sponsored by member of PPG Different opinions about the fund management expressed between Counties and national institutions Mediation to resolve between the competing ideas and interests about the fund.
2nd Marginalisation Policy and CRA formula CRA has developed the 2nd marginalization Policy (2018-2022) that now put more emphasis on improving fund implementation and focus target to deprived sub locations in 34 Counties as new beneficiaries of fund. Concern that Equalization Fund is small and is aimed at targeting 1421 sub location in 100 constituencies may be thinly spread. County Government and PPG members not in agreement on the new policy focus PPG is considering a parliamentary action that includes amendment to constitution to protect Equalization Fund Kitty allocation. FCDC is considering a judicial intervention on 2nd policy direction. Stakeholders want to see increase from 0.5 percent to at least 2-3% or get parliament to approve the national audited accounts to achieve desired impact on issues of marginalization in the original 34 beneficiary counties.

    Draft Legislation Status Concerns Recommended Actions
    LAND

      Draft Legislation Status Concerns Recommended Actions
      NATURAL RESOURCE BILLS

      Natural Resources (Classes of Transactions subject to Ratification) Act, 2016 Passed and assented to in September 2016. The limits have been set too high -
      Mining Act, 2016 Passed and assented to (13 of the proposed Mining Regulations were gazetted in 2017). The Royalty Regulations still pending. Gvt should not be borrowing against future revenues. -
      Energy Bill, 2017 Bill passed by the National Assembly in August 2018

      As of November 2018, the Bill is currently undergoing its second reading at the Senate and has passed the Committee Stage

      -The Regulatory Authority: separate authority for Energy and a Separate Authority for Petroleum

      -Revenues: need parliamentary approval before CS can increase or decrease royalty from geothermal projects

      -Information Disclosure and Public Participation: inform communities of activities before granting geothermal licenses; also Ministry and Regulator should proactively disclose information

      -Impacts on Local Communities: consider status of community (marginalization) and microeconomic impacts of projects before granting licenses

      Advocacy around the 4 areas

      KCSPOG Memoranda accessed here

      National Sovereign Wealth Fund Bill, 2014 Being drafted Should not allow borrowing against revenues, and should ensure communities receive adequate benefit -
      Natural Resources (Benefit Sharing) Bill, 2014 Passed by the two assemblies but the President returned.
      Bill passed with amendments and referred to the National Assembly (in June 2015).
      Concerns around % share for communities and counties, suggestions that community land management committees may administer it once established -
      Petroleum (Exploration, Development and Production) Bill, 2017 Bill passed by the National Assembly in August 2018

      As of November 2018, the Bill is currently undergoing its second reading at the Senate and has passed the Committee Stage

      -The Regulatory Authority: separate authority for Energy and a Separate Authority for Petroleum

      -Ratification of PSCs: Parliament must ratify all PSCs before signing even if PSC is only for exploration

      -Revenue: there should be periodic financial audits and CS should table report to Parliament

      -Environment: There should be an EIA License for a Non-Exclusive Exploration Permit

      Advocacy around the 4 areas

      KCSPOG Memoranda accessed here

      Wildlife Conservation and Management (Amendment) Bill 2017

      Wildlife Regulations (19) of them

      First sponsored by the national assembly committee on Environment and Natural resources in 2016;

      Currently, Bill being moved by Ministry of Tourism and Wildlife, following recess by parliament for elections; Ministry has proposed Miscellaneous amendments , pending other amendments through the Wildlife (Amendment) Bill;

      A Statute Law (Miscellaneous Amendment Bill) No. 12 of 2018

      Removal of communities from the KWS board and the proposed governing body of the Wildlife conservation trust fund thus de-linking them from national wildlife governance;

      The re-structure of County Wildlife Conservation and Compensation Fund from 47 to 8 is likely to affect devolution of wildlife governance;

      Communities through conservancies to have representation in KWS board and the governing body of the proposed Wildlife Conservation Trust Fund;

      Other recommendations is clarity of terms related to community conservation;

      Finalisation and gazetting of regulations to enable implementation of the Wildlife Act

      Education A Draft Bill was developed by NACONEK and a member of PPG agreed to sponsor the Bill There is a lot of concerns about the new policy of lowering entry grades for Diploma Course and PI teachers Training. Teacher management by TSC in Dryland areas. TSC removed all union teachers from NEP siting insecurity and all public schools in three Counties of NEP remained closed for one term due to lack of teachers. NACONEK to finalize the Bill and hand it over to the Sponsoring Member of Parliament, MP Wajir East. Hon. Rashid Kassim.
      Basic Education Act Amendment, 2015 Passed, but NACONEK has not got the resources or power to make impact on nomadic education, still no funding for distance education, limited reach of adult literacy - PPG to sponsor bill to make NACONEK -SAGA

        Draft Legislation Status Concerns Recommended Actions
        AGRICULTURE, WATER AND IRRIGATION BILLS

        Food security bill Bill passed by senate assembly in 2nd reading date 29/07/2015. 3rd reading - -
        Irrigation policy and bill Approved by cabinet in 2017, task force has been set up to finalize and present to Parliament Lack of consultation. Too much control by national government. Provides for massive increase in irrigation in ASALs without learning lessons of the past including water and land consideration, independent social and environmental impact assessments (see DLCI briefs) Block, raise concerns, mobilize county Ag ministers
        See powerpoint and analysis in dropbox
        Revision of the National livestock policy, 2008 (Sessional paper No 2 of 2008) Undergoing review and currently it is in the Ministry being finalized before stakeholder validation to align it with the Constitution Need to included devolved functions
        There is need for broader stakeholder engagement – including the counties and intergovernmental authority
        Engage Dr Wanga – SDL for more in-depth discussion going forward
        Call for a stakeholder forum to discuss the revised Policy
        Livestock Identification and Traceability Policy, Draft 2016 Drafted, needs stakeholder engagement Ensure identification of livestock through market chain to promote marketing
        Ensure there is alignment of the draft policy with industry best practices for LITS through the private sector.
        Needs fast tracking
        Call for a stakeholder forum to discuss the draft Policy
        Kenya Livestock Products Development and Promotion Board Policy Primary suggestion came from the review of parastatals in Kenya by the Abdikadir led commission. President passed executive order to form this body. Abdinoor made a private members bill. The 3rd reading was adjourned. Even its establishment was budgeted in the last budget, however adjournment of the 11th Parliament halted this process. A new bill has now being drafted and taken over by the MP for Mandera North. Hon. Bashir Abdullahi. It has passed through the Budget committee in 2018 and Treasury. Waiting to be introduced to the House See policy brief by KMT – put link
        Aim to promote export markets in Qattar, Kuwait etc and help promote ISO standards also strengthen the Kenya Livestock Product Export Association.
        Money allocated for the board was spent
        -
        National Livestock breeding strategy Awaiting ratification by the National Advisory Committee - -
        Vet policy, drafted 2016 Passed and reviewed but then Poisons and Pharmacy Draft Private sector provision with government focus on diseases surveillance and response,
        Need for counties to fund outreach
        -
        Drought/emergencies Drought Emergency Fund was established through the Senate bill that was sponsored by member of PPG and passed. Regulation for operation and management of the Fund has being developed. there is issues of mandate overlap of institutions that is required to oversee the fund. AG has provided legal opinion on the way forward. - -
        NADIMA - National Disaster management act Still being pushed through Parliament, consultations carried out by the World Bank in 2016. Still no clarity on relationship with NDMA and threatens to undermine the NDMA -
        Lake Turkana and the Lower Omo: hydrological impacts of major dam and irrigation developments Avery, S. African Studies Center, University of Oxford Water Study 2012

          Draft Legislation Status Concerns Recommended Actions
          PEACE AND SECURITY LEGISLATION

          Sessional Paper No. 5 of 2014 on National Policy for Peace Building and Conflict Management That was passed by the Parliament on 27th August, 2015. - Needs to be passed urgently
          Draft bill on the National Peace Council - - -
          National policy on small arms and light weapons Finalised and passed by cabinet. However it has not been presented to parliament. Parts of it have been adopted administratively and implemented as such. - Needs to be urgently passed as current legislation has only 2000KSh fine for possessing of an illegal firearm
          Fire arms (amendments) bill Reviewed and the board constituted, decisions now made by a board - -
          National security (amendment bill) The national security amendment bills 2014 was assented to on 1/10/2014 and Gazetted on 30/12/2014. - -

            Draft Legislation Status Concerns Recommended Actions
            BILLS/STRATEGIES FOR FOLLOW UP IN IMPLEMENTATION

            Forest conservation bill Lamu has drafted a forest conservation and management draft bill - -
            Social assistance bills Mandera in draft - -
            Ending drought emergencies/MTP2 (pillar strategies on www.ndma.gov.ke) Launched and part of MTP2, included in MTP3.
            Marsabit County has given EDE as high county priority and made part of result delivery of the Governor. Mohamud Ali office
            Lack of implementation and inter-ministerial committee and alignment and support by donors/NGOs, need to integrate into county plans Continuous lobbying for inter-ministerial committee structure more resources.
            LAPSSET New development plan??
            Despite the fact that Community land Act is not operation. LAPSSET require spaces on community land that require to be converted to public for LAPSSET corridor development.
            There is an assumption that land is unoccupied and therefore not eligible for compensation. Although recent announcement of some compensation for community land. Causing conflict in some areas e.g. Meru need much more community consultation and awareness raising. Activities by CSOs not coordinated. Look at inter-generational benefits, how can future generation benefit and transit fees for communities that own the land
            Isiolo Mega dam (crocodile jaws) Lack of public consultation led to protests at ESIA Planning to redo Cordaid carrying out a study with UNON
            Coal plant in Kitui - Will have major implication in ASALs as many of the 40 mines that are linked are there e.g. Garissa and Tana River -
            ID issuing in ASALs - Many people are unable to get IDs and therefore receive cash transfers -

              Draft Legislation Status Concerns Recommended Actions
              COUNTY LEGISLATION

              Marsabit Village Units Bill 2018 Under discussion by the County Assembly. It was subjected to public participation in September 2018 by the County Assembly - -
              Marsabit County Civic Education and Public Participation policy Re-launched in June 2018 - -
              Marsabit County Civic Education and Public Participation Bill Under discussion by the County Executive and Assembly - -
              Marsabit County Disaster Management Policy Approved by County Executive Committee - -
              Marsabit County Livestock Policy Awaiting approval by the County Assembly - -
              Marsabit County Livestock Trade and Marketing Bill 2018 Awaiting approval by the County Assembly - -
              Marsabit County Rangeland policy Draft ready for public participation - -
              Marsabit Natural Resource Management policy Development has just commenced - -
              Livestock strategies Marsabit and Isiolo finalized, Wajir livestock policy went through consultations - -
              Prototype rangeland bill Wajir drafted but not passed, Mandera, Garissa and Marsabit developing - The prototype should be used to link to the water bills and the spatial plans
              DRM bills Samburu, West Pokot Disaster management Bill passed, draft in Marsabit, West Pokot, Isiolo, Kilifi, Baringo and Wajir - -
              Forest conservation bill Lamu has drafted a forest conservation and management draft bill - -
              Social assistance bills Mandera in draft - -