1. DEVOLUTION AND WOMEN
CONFERENCE
“UMOJA WA KIJINSIA, MSINGI WA UONGOZI NA
MAENDELEO”
8Th – 9Th May 2014
Sawela Lodge - Naivasha
5/9/2014
Patrick O. Onyango - Paddy
CONFERENCE MODERATOR
SUMMARY AND POST-CONFERENCE ACTION PLATFORM
(PAP)

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A. SUMMARY
The Conference has been put together through a collaborative initiative by the
National Women Steering Committee (NWSC), The Senate, Council of Governors
(CoG), the National Gender and Equality Commission (NGEC), the Ward
Representative Association of Kenya (WRAK) and Action Aid-Kenya. The main thrust
of the Conference is safeguarding devolution and gender gains in the Constitution of
Kenya 2010 (CoK, 2010).
The need for the conference was informed by a move by a section of members of
the 11th
National Assembly to amend the CoK, 2010 to kill Devolution, subvert the
sovereign power of the people of Kenya anchored in Article 1(1) of CoK 2010,
reverse the gender gains and those of minorities and marginalised through scrapping
of Affirmative Action principle in the CoK 2010, re-centralize state power and return
Kenya to personalised rule by imperial presidency with attendant centralised
exclusive control of resources and discriminatory development and planning. The
instrument through which these retrogressive outcomes are to be realised is the
Constitution of Kenya (Amendment) Bill, 2014, sponsored by Hon. Joe Mutambu.
This conference is a unique milestone in the women’s movement in Kenya. It comes
almost a year since the Affirmative Action and Devolution gains anchored and
secured in the Constitution of Kenya 2010 became a reality following the March 4th
2013 General Elections. The configuration of delegations at this conference
includes:-
o Speaker of the Senate of the Republic of Kenya
o Speakers of 47 County Assemblies of the Republic of Kenya
o Elected and Nominated Senators
o Leaders of Majority and Minority in the County Assemblies
o Minority and Majority Chief Whip in the County Assemblies
o The Chair, Secretary General and other officials of the Council of Governors
o Governors
o The Council of Speakers
o Women County Members of National Assembly of the Republic of Kenya
o Elected and nominated Women Members of National Assembly of the
Republic of Kenya
o Elected and Nominated Women and Men Members of County Assemblies of
the Republic of Kenya
o The Transition Authority
o Kenya Women Senators’ Association and Kenya Women Parliamentary
Association

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o Women County Assemblies’ Caucuses
o The National Women Steering Committee
o The National Gender and Equality Commission
o Action Aid Kenya
o The Civil Society
o The Media, including African Woman and Child Feature Service; and
o Resource Persons/Consultants
In sum, the delegation assembled is bi-partisan and reflects the face and diversity of
the people of Kenya. There are close to 1,300 delegates having been in attendance.
The Conference is guided by the following core values and principles: -
1. Securing the SPACE gained by the people of Kenya in the Constitution of Kenya
2010, especially Devolution and the gender gains through the Affirmative Action
Principle;
2. It is not premised or predicated on politics of identity, and is issues-based and
oriented and therefore de-personalised. The current occupants of that SPACE
hold it in trust for and on behalf of the people of Kenya and have a sacred duty to
secure, nurture and enhance it for succeeding generations beyond themselves.
3. Bi-partisan and inclusive;
4. Demonstrable appreciation for diversity of cultures, regions, religion, political
affiliations, opinions, and embraces TOLERANCE; and
5. Use of PLAIN language, whether English or Kiswahili.
The conference has canvased the following critical issues.
1. There is unanimity that the Constitution of Kenya (Amendment) Bill, 2014, be
and is hereby opposed and rejected in its entirety and therefore the National
Assembly urged to withdraw it. The premises for this is that the Bill is a real
threat, not only to the gender gains and affirmative action principle but has every
potential of killing the devolved governance system prescribed by the CoK 2010
and whose benefits Kenyans are only beginning to appreciate. The Conference
notes that a similar scheme was deployed soon after independence in 1963 to kill
Kenya’s first attempt at having a devolved system. Kenya adopted a quasi-federal
system of government at independence. It was a design with national and seven
autonomous regional governments, each with a president. The city of Nairobi
was an extra-provincial region headed by a Mayor of the City Council.
The regional governments were abolished within three years of independence
and the local authorities that remained as units of governance at the local level
lost most of their powers to deliver services and self-financing following the
enactment of the Transfer of Functions Act (1969). Thereafter, Kenya maintained

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a highly centralized system of government until promulgation of the CoK 2010 on
27th
August. Were the proposed amendments to go through, it would be a case
of history repeating itself and what goes round coming around. In real terms the
conference notes the following implications of the Bill: -
o Subversion of the sovereign power of the people of Kenya
o The death of Devolution as prescribed by the CoK 2010
o Subversion of the Objects and Principles of Devolution stipulated under
Articles 174 and 175 of CoK, especially 174 (b) – (h) and 175 (b) and (c)
o Recentralisation and re-incarnation of the imperial presidency
o Recentralisation of resources and skewed distribution and discriminatory
development presided over by a select few political elite
o Reversal of the gender gains through abolition of Affirmative Action,
especially the two-thirds gender principle
o The nominated women Members of County Assemblies, Persons with
Disabilities, Youth, Minorities and Marginalised, Senators and the 47
County Women Representatives stand to lose their seats
o Reversal of gains by minority communities and hitherto marginalised
groups. In this connection, the Bill has direct implications on the
Equalisation Fund under Article 204 of CoK. The Equalization Fund as an
AA provision. It will stand scrapped if the Bill goes through; and
o The proposed amendment will require multiple question referenda since
it is concerning matters specified in Article 255 of CoK 2010. This will be
extremely more expensive than the wage bill on which it is predicated.
2. The Governors, through the Council of Governors committed themselves in a
communique read and signed by H.E. (Amb.) Kenneth Lusaka, Secretary General,
Council of Governors to defending and upholding the gender gains in the CoK
2010 and Devolution and the gains therein for the benefit of the people of
Kenya. On these premises, the Governors strongly oppose the proposed
amendment Bill and called for its immediate withdrawal and undertook to work
with reform minded Kenyans in defending the gains of devolution. Among other
things, the Governors undertook to continue facilitating gender sensitive
budgetary and development planning processes. At the administrative level, the
Governors were unanimous that nominated Members of County Assemblies
have the same entitlements as the elected members, including voting rights and
mileage claims. The development partners through Action Aid Kenya committed
themselves to continue facilitating preservation and enhancement of gender
gains and devolution. The development partners’ communique was read by
Pascaline Wanjiru of Action Aid Kenya.

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3. The need for building on bi-partisan solidarity and furthering sustainable
synergies in the women’s movement with other ongoing developmental
processes and strategic partners. Women MCA’s to organize and register
Caucuses as part of building blocks for collective articulation issues and
advocacy.
4. The need for Members of County Assemblies to develop pro-people and gender
sensitive legislative agenda. It emerges that most County Assemblies do not as
yet have coherent legislative agenda and are working on knee-jerk bases.
5. There is currently no clearly defined and designed systemised awareness
creation on the devolved system and the CoK 2010 both at the County and
National levels. The Kenya National Integrated Civic Education Programme (K-
NICE), which was intended to fill this gap, folded soon after the March 4th
2013
General Elections. There is need for design and implementation of a
comprehensive awareness creation programme for Kenya. Such a programme
would in the longer term engender understanding and appreciation of the
gender gains in CoK 2010, devolution and Affirmative Action and citizen
participation, which is an entrenched principle in the CoK 2010.
6. There are glaring knowledge gaps in understanding the devolved governance and
the Affirmative Action in the CoK 2010. There is need for review of baseline
surveys already undertaken in this regard or commissioning of participatory one
to determine the both the emerging knowledge gaps by citizens and capacity
gaps by elected and nominated women leaders, including those occupying
appointive positions at both levels of government.
7. Arising from (6) above, the women leaders in attendance, especially Members of
County Assemblies, identified their immediate major handicap as lack of gender
tools of analysis to apply in scrutinizing county budgets, development plans and
legislation. The conference resolved that this matter be attended to as a matter
of urgency considering that both the County and National Government are
currently engaged in development planning and budget making processes for the
period 2014/2015.
8. The CoK 2010 envisages harmonious, consultative and cooperative inter-
governmental relations. The conference urges faithful adherence to this principle
and the use of existing constitutional and legislative frameworks for conflict
resolution whenever conflict occur, bearing in mind that the people of Kenya
want to see more development and service delivery than inter-governmental
frictions. This outcome refers to inter and intra-county relations including

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between institutions at that level (County Assembly and Executive).
Impeachment proceedings for example should be a last resort mechanism.
9. The delegates appreciated that the conference was a strategic milestone, which
should become an annual or bi-annual event to reflect on and take stock on the
status of devolution, gender gains and Affirmative Action; and
10. The conference notes the important role Civil Society plays as watchdog in
protecting the interests of the people of Kenya. There is however no
comprehensive framework for structured and/or institutionalised engagement
between Civil Society, Governments at both levels and development partners.
The conference urges design, development and implementation of such a
framework as a priority.
B. POST-CONFERENCE ACTION PLATFORMS (PAP) – WAY FORWARD
1. The Conference final report to be circulated within fourteen days and
dissemination fora be held at National and County levels.
2. The joint communique by Council of Governors to be widely circulated
immediately both to mainstream and social media. The same to be formally
communicated by the National Women Steering Committee to governments at
both levels for formal adoption and action where appropriate. The joint
communique by development partners to be likewise immediately disseminated.
The African Woman and Child Feature Service (AWC) assist with dissemination of
outcomes of conference in social media and other media platforms.
3. As part of dissemination as above, an Advertiser’s Announcement of the two
communiques is placed in at least two mainstream print media outlets. This will
further enhance the commitments secured in them.
4. The National Women Steering Committee to commission immediate design and
development of gender tool of analysis to be used by Members of County
Assemblies in scrutinizing budgets and development plans during the ongoing
processes.
5. The conference organizers hold a de-briefing session within one week of the
close of the conference.
PATRICK O. ONYANGO – PADDY
CONFERENCE MODERATOR