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REPUBLIC OF KENYASessional Paper No. 02 of 2019onNATIONAL POLICY ON GENDER AND DEVELOPMENTTowards creating a just, fair and transformed society free from gender baseddiscrimination in all spheres of life practicesOCTOBER 2019

FOREWORDThe Constitution of Kenya contains importantcommitments to gender equality and women’sempowerment and provides the NationalValues and Principles that bind all Kenyans inimplementing public policies including thosethat relate to the marginalized groups. Toeffectively implement theseconstitutional provisions, it is necessary to formulate a comprehensive National Gender andDevelopment Policy.The policy formulation process was undertaken through a consultative approach thatinvolved participation of a wide range of stakeholders, including Ministries, Departments andAgencies (MDA), Parliament (the National Assembly and Senate), Faith Based Organizations,Civil Society Organizations, Private Sector, academia among other stakeholders. This policy isaligned to the Constitution in particular the Bill of Rights and subsidiary legislations; Nationaland County Government systems and their respective mandates, Kenya Vision 2030, MediumTerm Plan III (MTP III), the Governments ‘Big Four’ Agenda (Universal Health Care, FoodSecurity, Affordable Housing and Manufacturing), international and regional gender treatiesthat Kenya has ratified as well as emerging issues.The goal of the policy is to “achieve gender equality and women’s empowerment in nationaldevelopment so as to enhance participation of women and men, boys and girls, vulnerableand marginalized groups for the attainment of sustainable development”. The policy sets,legislative and administrative measures to address the existing gaps in the realization ofgender equality and women’s empowerment.To ensure that gender equality and women’s empowerment is integrated into sectoralpolicies, planning and programmes, the policy identifies key thematic areas, namely: labourand employment, education, health, land, housing, agriculture, environment and naturalresources, peace and security, governance, power and decision making, information andcommunications technologies, respect for the human rights, Sexual and Gender BasedViolence; the girl child and the boy child, intersectional discrimination, media and access tojustice. The policy recognizes that achievement of gender equality and women’sempowerment requires the concerted effort of all actors. In this respect, the policy callsupon the National and County Governments, Constitutional Commissions and IndependentOffices, Faith Based Organizations (FBOs) and Civil Society Organizations (CSOs) and theprivate sector to work together in ensuring its implementation. Partnership with developmentpartners will complement national efforts in this noble cause.I urge all stakeholders to join me in ensuring the full implementation of this policy to achievegender equality in Kenya.Prof. Margaret Kobia, Ph.D, MGHCabinet Secretary, Ministry of Public Service, Youth and Gender2 Page

ACKNOWLEDGEMENTThe State Department for GenderAffairs under the Ministry of PublicS e r v i c e , Yo u t h a n d G e n d e racknowledges the invaluable input andsupport provided by GovernmentMinistries, Counties, Departments andAgencies (MCDAs),the National Assembly and the Senate, Constitutional Commissions and IndependentOffices Faith Based Organisations (FBOs), Civil Society Organisations (CSOs), PrivateSector, Academia and Development Partners in the development of this policy.We extend our special appreciation to the technical committee that guided theformulation of this Policy for their commitment, the UN Women, United NationPopulation Fund (UNFPA), Coffey International Development and the InternationalLaw and Development Organization (IDLO), for providing technical and financialsupport.I thank the staff, of the Ministry of Public Service, Youth and Gender, and especiallythe State Department for Gender for their dedication and tireless effort in ensuringthe completion of this policy.I acknowledge and appreciate the invaluable contribution of Hon. Rachel Shebesh,Chief Administrative Secretary, Ministry of Public Service, Youth and Gender for herinvaluable insights during the formulation of this policy.Above all, I wish to sincerely thank Prof. Margaret Kobia, PhD, MGH, the CabinetSecretary, Ministry for Public Service, Youth and Gender for her leadership andguidance.Hon. Safina Kwekwe TsunguPrincipal SecretaryState Department for Gender3 Page

TABLE OF CONTENTSFOREWORD . 1ACKNOWLEDGEMENT .2TABLE OF CONTENTS .3ABBREVIATIONS AND ACRONYMS . 5CHAPTER ONE . 7INTRODUCTION . 71.1 Introduction .71.2 Rationale for the National on Gender and Development Policy . 81.3 The Problem . 91.4 Policy Context . 91.5 Policy Review Process . 101.6 National Institutional Anchorage of the Policy . 121.7 The Scope of the National Gender and Development Policy . 13CHAPTER TWO . 14SITUATION ANALYSIS AND KEY ISSUES . 142.1 Introduction . 142.2 Thematic Areas and Key Issues . 14CHAPTER THREE .29POLICY GOAL, OBJECTIVES AND PRINCIPLES .293.1 Introduction . . 293.2 Policy Goal . 293.3 Objectives . 293.4 Guiding Principles . 303.5 Policy Approach . 303.6 Policy Outcomes . 30CHAPTER FOUR . .32POLICY PRIORITY ACTIONS . 324.1 Introduction . 324.2 Legal framework . 324.3 Poverty eradication . 334.4 Labour and the Economy . 334 Page

4.5 Education . 344.7 Access to Health Care . 354.8 Land, Housing and Agriculture . 364.9 Environment and Natural Resources . 364.10 Peace and Security . 374.11 Governance, Power and Decision-Making . 374.12 Information, Communication and Technology (ICT) . 374.13 Respect for the human rights of all . 384.14 Intersectional Discrimination . 384.15 Sexual and Gender based Violence . 384.16 The Girl Child and the Boy Child . 394.17 The Media . 394.18 Access to Justice. 40CHAPTER FIVE . 41INSTITUTIONAL AND IMPLEMENTATIONFRAMEWORK . 415.1 Introduction . 415.2 Implementation Framework . 41CHAPTER 6: MONITORING AND EVALUATION .496.1 Introduction . 496.2 Monitoring and Evaluation . 496.3 Research and Documentation . 496.4 Reporting . 506.5 Policy Review . 50ANNEX 1: POLICY IMPLEMENTATION MATRIX . 565 Page

ABBREVIATIONS AND ACRONYMSACHPRADRAGPOANCARH & IDSICCPRICERDICESCRICPDICTIDLOAfrican Charter on Human and Peoples’ RightsAlternative Dispute ResolutionAccess to Government Procurement OpportunitiesAntenatal CareAdolescent and Reproductive Health and DevelopmentArid and Semi-Arid LandsConvention against Torture and Other Cruel Inhuman orDegrading Treatment or PunishmentConvention on the Elimination of all Forms of DiscriminationAgainst WomenCounty GovernmentConvention on the Rights of the ChildCivil Society OrganizationsFaith Based OrganizationsFemale Genital MutilationGender and DevelopmentGender Based ViolenceGross Domestic ProductGender Equality and Women’s EmpowermentGovernment of KenyaHuman Immuno Virus & Acquired Immune Deficiency SyndromeInternational Covenant on Civil and Political RightsThe International Convention on the Elimination of All Forms ofRacial DiscriminationInternational Covenant on Economic, Social and Cultural RightsInternational Conference on Population and DevelopmentInformation Communication TechnologiesInternational Law and Development OrganizationIDUsInjecting Drug UsersIGRTCIntergovernmental Relations Technical CommitteeIPVIntimate Partner ViolenceKDHSKenya Demographic and Health SurveyKNBSKenya National Bureau of StatisticsKV2030Kenya Vision 2030M&EMonitoring and EvaluationMDGsMillennium Development GoalsMODPMinistry of Devolution and PlanningMOESTMinistry of Education Science and TechnologyMOPSYGMinistry of Public Service, Youth and GenderNALEAPNational Legal Aid and Awareness Programme6

NGECNational Gender and Equality CommissionNGNational GovernmentNGOsNon-Governmental OrganisationsNIMESNational Integrated Monitoring and EvaluationSystemNSAsNon-State ActorsNPGADNational Policy on Gender and DevelopmentPTSDPost-Traumatic Stress YEDFPersons with DisabilitiesSustainable Development GoalsSexual and Gender Based ViolenceSocial Protection FundScience, Technology, Engineering and MathematicsSexually Transmitted InfectionsTuberculosisUnited Nations Children’s FundUnited NationsWomen Enterprise FundWorld Health OrganisationWomen in DevelopmentYouth Enterprise Development Fund7

CHAPTER ONEINTRODUCTION1.1IntroductionThe Constitution of Kenya creates a platform for gender equality and nondiscrimination. It also provides a fresh impetus for a national policy to chart aroadmap for the attainment of the constitutional provisions. Article 10 of theConstitution is on the National Values and Principles of governance. It highlightssuch principles as equality, equity, inclusiveness and non-discrimination. Theseprinciples provide an anchorage for gender equality. Further, Article 27 (1) providesthat every person is equal before the law and has the right to equal protection andbenefit; Article 27 (3) provides that women and men have the right to equaltreatment including the right to equal opportunities in political, social, economic andcultural spheres. The Constitution also outlaws discrimination on any basis including,pregnancy, race, sex, marital status, health, ethnicity or social origin, colour, age,disability, religion, conscience, belief, culture, dress, language or birth in Article 27(4).To realize these ideals, the Constitution in Article 27 (6) requires thegovernment to take legislative and other measures including affirmative action toredress disadvantages suffered by individuals and groups because of pastdiscrimination. Article 27 (8) requires that not more than two thirds of the membersof elective or appointive bodies are of the same gender.The State Department for Gender in the Ministry of Public Service, Youth andGender is responsible for promoting gender equality and empowerment of women inKenya. One of its key responsibilities is to promote the development and review ofgender policies and legislation. The Department has developed this National Genderand Development Policy as a review of the Gender Policy adopted by the cabinet in2000. The policy outlines the national agenda for gender equality and how Kenyaintends to realise these ideals. It details the overarching principles, which will beadopted and integrated into the National and County Government sectoral policies,practices and programmes and by all state and non-state actors. It specifically takescognizance of the following:a) The values and principles set out in the Constitution;b) Pieces of legislation aligned to the Constitution;c) The National and County governments with varied functions that shouldcontribute to gender equality;d) Kenya Vision 2030 and the Third Medium Term Plan;e) The ‘Big Four’ Agenda: Universal Health Care, Food Security, AffordableHousing and Manufacturing;f) International and regional treaties on gender equality that Kenya hasratified such as the Convention on the Elimination of all forms of8

Discrimination Against Women (CEDAW) and the Maputo Protocol to theAfrican Charter on Human and Peoples' Rights on the Rights of Women inAfrica;g) Agenda 2063 of the African Union titled ‘the Africa We Want’ seekingamong other things to build inclusive and accountable states andinstitutions;h) Lessons learnt from the implementation of the Millennium DevelopmentGoals (MDGs) specifically Goals 1 (Eradication of Extreme Poverty andHunger); 3 (Promotion of Gender Equality and Women’s empowerment)and 5 (Improvement of Maternal Health); and,i) TheSustainable Development Goals under the 2030 Agenda forSustainable Development adopted by the United Nations in September2015 specifically Goals 1 (No Poverty) 2 (Zero Hunger); 5 (GenderEquality); 6 (Clean Water and Sanitation); 10 (Reduced Inequalities); and16 (Peace, Justice and Strong institutions).1.2Rationale for the National Policy on Gender and DevelopmentThe first National Policy on Gender and Development (NPGAD) was adopted in 2000.The policy provided a legitimate point of reference for addressing genderinequalities at all levels of government and by all stakeholders. It further providedan avenue for gender mainstreaming across all sectors in order to generate efficientand equitable development outcomes.Many achievements including the requirement for gender representation andmainstreaming gender considerations across all sectors were made under this policy.The pace at which these achievements and other measures aimed at genderequality were realized was however not in keeping with the expectations. It is withinthis context and the Constitutional requirements for equality and non-discriminationthat the revision of the policy became necessary. The Constitution is express on itsgender equality provisions and aspirations. Article 2(6)) obliges the Government toimplement the obligations of the international treaties it has ratified. This positionhas been further elaborated through the Treaty Making and Ratification Act, 2012.Further, the two-tier government under the Constitution is a basis for re-tooling thegender policy to ensure that it guides the activities of both levels of Government.The policy recognizes the country’s commitment to the African Union DevelopmentAgenda 2063 and the United Nations Global Agenda 2030.Finally, the creation of the State Department for Gender Affairs in the Ministry ofPublic Service, Youth and Gender Affairs with the mandate to evaluate and reviewgender policy provides the anchorage for this policy.1.3 The ProblemDespite a progressive Constitution that promotes gender equality and women’ sempowerment, gender inequality remains a key issue of concern in Kenya. Thepatriarchal social order supported by statutory, religious and customary laws andpractices; and the administrative and procedural mechanisms for accessing rightshave continued to hamper the goal of attaining gender equality and women’sempowerment. Progressive provisions in law have not delivered gender equality in9

practice raising the need to develop a policy that addresses the variety ofmanifestations of gender discrimination and inequality.1.4Policy ContextThe Government of Kenya has since independence put in place programmatic,policy, legislative and administrative measures towards realization of gender equalityand women’s empowerment including supportive institutional frameworks. TheDeclaration of the UN Women’s Decade in 1975 led to the establishment of theWomen’s Bureau as the first single most important National Machinery for theadvancement of women rights in Kenya. This was an acknowledgement of womenas a population category with special needs that required special attention. Thefunctions and responsibilities of the Bureau, according to the Cabinet Memorandum78 (b) included: policy formulation, implementation and evaluation, co-ordination ofall Government initiatives and programmes for women, collection and analysis ofdata and information required for the design, monitoring and evaluation of policiesand projects for women and support to liaise with NGO projects and womenorganisations. This broad and comprehensive mandate clearly reflects thegovernment’s commitment to the advancement of women.Kenya hosted the United Nations Third World Conference on Women in 1985 whichevaluated the progress made during UN Decade for Women and devised a newcourse of action for the advancement of women. The result was the Nairobi ForwardLooking Strategies, which provided a blueprint for action linking the promotion andmaintenance of peace to the eradication of violence against women throughout thebroad spectrum of society. Member states were also urged to take constitutional andlegal steps to eliminate all forms of discrimination against women, and tailornational strategies to facilitate the participation of women in an effort to promotepeace and development. Within this context, Kenya has taken steps in ratifyinginternational treaties and regional conventions on gender equality and participatingin forums where gender equality is canvassed. The National Gender and EqualityCommission was also established to support the realization of gender equality.1.5Policy Review ProcessA review of the National Policy on Gender and Development of 2000 was undertakenin order to align it to the new legal framework including the Constitution of Kenya.Following the re-organization of government in 2013 the process of reviewing thePolicy was taken over by the Ministry of Devolution and Planning under theDirectorate of Gender Affairs. The finalization was done by the Ministry of PublicService, Youth and Gender Affairs, specifically the State Department for GenderAffairs following the Executive Order of May 2015 and Executive Order of June,2018. The review aimed at integrating gender issues emerging from significantnational development blueprints such as Kenya Vision 2030, its Second Medium(2013-2017) and Third Medium Term Plan (2018-2022). This Policy includescontributions from a range of stakeholders, State and non-State Actors, GenderOfficers from National Government Ministries, the County governments, StateCorporations, the private sector and programme staff from Civil SocietyOrganizations (CSOs) and members of Community Based Organizations (CBOs).10

1.5.1 International Legal Frameworks and InitiativesKenya has ratified seven of the nine main global human rights instruments:International Covenant on Civil and Political Rights (“ICCPR”) and the InternationalCovenant on Economic, Social and Cultural Rights (“ICESCR”), the InternationalConvention on the Elimination of All Forms of Racial Discrimination (ICERD), theConvention on the Elimination of All Forms of Discrimination against Women(CEDAW), the Convention against Torture and Other Cruel Inhuman or DegradingTreatment or Punishment (CAT), and the Convention on the Rights of the Child(CRC) which all have gender equality imperatives as a state obligation. Kenya hasalso been party to other international initiatives that have drawn attention to theneed for gender equality such as the Vienna Declaration on Human Rights, theBeijing Platform for Action, the International Conference on Population andDevelopment (ICPD), the Millennium Declaration and Millennium Development Goals(MDGs) and the Sustainable Development Goals (SDGs). All these treaties andinitiatives have influenced the National Policy on Gender and Development.The fifth SDG is a stand-alone development goal on gender equality and women’sempowerment is characterised by the following targets:Table 1 : Sustainable Development Goal 5 TargetsGOAL 5: Achieve gender equality and empower all women and girlsTarget5.1End all forms of discrimination against women and girls everywhereTarget5.2Eliminate all forms of violence against women and girls in the publicand private spheres, including trafficking, sexual and other types ofexploitationTarget5.3Eliminate harmful practices, such as child, early and forced marriageand Female Genital MutilationTarget5.4Recognize and value unpaid care and domestic work through theprovision of public services, infrastructure and social protection policiesand the promotion of shared responsibility within the household andthe family as nationally appropriateTarget5.5Ensure women’s full and effective participation and equal opportunitiesfor leadership at all levels of decision-making including political,economic and public lifeTarget5.6Ensure universal access to sexual and reproductive health andreproductive rights as agreed in accordance with the Programme ofAction of the International Conference on Population and Development,the Beijing Platform for Action and the outcome documents of theirreview conferences1.5.2 Regional Legal FrameworksRegionally, Kenya has ratified the African Charter on Human and Peoples’ Rights,and the Protocol to the African Charter on Human and Peoples’ Rights on theEstablishment of an African Court on Human and Peoples’ Rights (2005). Kenya has11

also ratified the Convention governing Specific Aspects of Refugee Problems inAfrica, the African Charter on the Rights and Welfare of the Child and the MaputoProtocol to the African Charter on Human and Peoples' Rights on the Rights ofWomen in Africa albeit with reservations on article 10 (3) and 14 (c).1 Other regionalinstruments that Kenya has adopted include the African Union Agenda 2063 and theSolemn Declaration on Gender Equality in Africa.1.5.3 National Policies and LegislationThis policy builds on the National Policy for Gender and Development of 2000, andSessional Paper No. 2 of 2006 on Gender Equality and Development whichenvisaged women empowerment and mainstreaming the needs of women, men,girls and boys in all sectors of development in Kenya so that they can participateand benefit equally from development initiatives. Kenya’s National Developmentplans such as Kenya’s Economic Recovery Strategy for Wealth Creation (2003-2007),Kenya Vision 2030 and the Medium-Term Plans 2008-2012, 2013-2017 and2018-2022 have also recognized that women should have equal access toopportunities and assets with men for the purpose of sustainable development.In addition, gender-aware policies such as the National Land Policy (2009) whichrecognizes women’s rights to own property on an equal basis with men; the NationalPolicy for Prevention and Response to Gender Based Violence; and the NationalPolicy for the Abandonment of Female Genital Mutilation have been adopted.The Parliament has legislated laws to implement the Constitutional provisions forgender equality. These include the Matrimonial Property Act, 2013 which safeguardswomen’s property rights during and upon dissolution of the marriage; the MarriageAct, 2014 that gives effect to constitutional provisions on equality between parties toa marriage; and the Land Act and Land Registration Acts which secure women’srights to land. Revision of the Succession Act Cap 160 is also at an advanced stageand is expected to address gender issues in succession. Similarly, the CounterTrafficking in Persons Act, 2010, the Prohibition of Female Genital Mutilation (FGM)Act, 2011 and the Sexual Offences Act, 2006 outlaw specific forms of violenceagainst women and the girl child. Thus, Kenya has ratified and domesticated onboth its international and regional obligations on protecting the rights of women andthe girl child. Additionally, the Kenya Citizenship and Immigration Act, 2011 providesfor dual citizenship. Married women can now confer citizenship to their husbandsfrom foreign countries, a break from the past where only men could confer suchstatus to their wives.1.6National Institutional Anchorage of the PolicyThe mandate of the State Department of Gender is drawn from the Constitution ofKenya and Executive Order of June, 2018.The State Department for Gender isresponsible for:Article 10(3) States Parties shall take the necessary measures to reduce military expenditure significantly in favour ofspending on social development in general, and the promotion of women in particular. Article 14(c) protect thereproductive rights of women by authorizing medical abortion in cases of sexual assault, rape, incest, and where thecontinued pregnancy endangers the mental and physical health of the mother or the life of the mother or the foetus.112

a) Gender Policy Management;b) Special Programmes for Women Empowerment;c) Gender Mainstreaming in Ministries, Departments and Agencies (MDAs);d) Community Mobilization;e) Domestication of International Treaties and Conventions on Gender; and,f) Policy and Programmes on Gender Violence.While there has been emphasis by the Kenyan Government on promoting genderequality in all aspects of its activities, evaluations point to clear gaps in promotinggender equality such as disparities in education and economic opportunities,representation, participation, and adequate access to health.These emergingdevelopmental issues present new opportunities and challenges in the pursuit ofgender equality and women’s empowerment. To this end, this policy has beendesigned to guide and ensure that all planning, programming, budgeting andimplementation of development programmes include a gender perspective. Thisapplies to programmes atNational and County level. The priority areas of focus are:improved livelihoods, promotion and protection of human rights, participation indecision-making and governance, recognition of gender and promotion of womenempowerment in macro-economic management among others.1.7The Scope of the National Gender and Development PolicyThe Policy will apply specifically and directly to all Government Ministries,Independent Bodies, Quasi-autonomous entities, and Departments and Agenciesboth at the national and county levels of government. It is also expected that theprinciples, strategies and approaches in the policy shall also apply to the, privatesector and civil society.This Policy aims at achieving equality of opportunity and outcomes with respect toaccess to and control of national and county resources and services; and e

Gender is responsible for promoting gender equality and empowerment of women in Kenya. One of its key responsibilities is to promote the development and review of gender policies and legislation. The Department has developed this National Gender and Development Policy as a review of the