Promoting the Rights of Women in Kenya

Inuka!

Issue No.1 Vol. 1 January-June 2009

The Marriage Bill 2007 Explained

Fatuma Adan: Voice of Hope in Marsabit

Will MDGs Come to Rescue of Women?

Inuka is a bi-annual publication of AMWIK with support from UNDEF

Contents

Pg. 31

Pg. 14

COAST PROVINCE
14. Sauti ya Wanawake: Give a Voice to Women 15. Arranged Marriages Infringing on Womens Rights 18. Malindi Fights Child Sex Tourism 12. 17. 25. 28. 31. 32. 35.

TOPICAL
The Marriage Bill 2007 Explained Advocates of Womens Rights Wives and Daughters Have a Right to Inherit Property too! Women Rising Up in Self-Defence Women Entrepreneurs Driving Kenyas Economy Living With Albinism in Kenya Climate Change Posing New Challenges to Gender Equality

NAIROBI
9. The Way of Kibera Women 29. A Self-Defence Programme in Korogocho

RIFT VALLEY PROVINCE

26. Thorny Challenges Facing Women in Flower Farming

THE PROGRAMME

Pg. 11
NORTHEASTERN PROVINCE
6. 8. Fatuma Adan: Voice of Hope in Marsabit Worlds Apart, But Common Economic Goals

3. 4. 11. 24.

Amwik Pictorial About AMWIK/UNDEF Womens Human Rights Programme Promoting Womens Rights Through Radio Listening Groups Some Facts About Womens Human Rights

NYANZA PROVINCE
20. SICK, HUNGRY AND POOR: Will MDGs Come to the Rescue of Women? 23. Wife Inheritance Perpetuating Spread of HIV

2 nuka!

Pg. 26

Inuka! Pictorial

A samburu girl shows off her tool of trade Amwik Exucutive Director, Ms. Jane Thuo, presents a radio handset to one of the radio listening groups in Kwale. Looking on left is the the womens human rights programme cordinator in Coast Province, Mohammed Barroh

Igiza Ziwani Women Group perform at a function for the Amwik Child Labour programme in Kwale.

Members of Umoja Group dance at a function of the Amwik Peace, Justice and Human Rights programme in Naivasha, in February this year.

Members of Garissa community watch the caravan with messages on the need to abandon Female Genital Mutilation (FGM) in May this year.

Amwik Executive Director, Ms. Jane Thuo, flags off a caravan to educate communities in Garrissa on the need to abandon Female Genital Mutilation (FGM) in May this year.

January-June 2009

Amwiki members listen to their treasurer, Rachel Keino, during a meeting in March this year

About AMWIK/UNDEF Womens Human Rights Programme

of various media houses, nongovernmental organizations (NGOs) and other institutions or work as independent content producers. AMWIK primarily focuses on women and uses the media as a tool to advance womens issues. The association recognises that gender inequality and inequity undermines the effectiveness of development. It also recognises that media is a powerful tool for social change and agenda setting. Consequently, it harnesses the competencies of its membership to give women and gender issues visibility in society. AMWIK's challenge however remains to ensure that media outlets positively package and widely disseminate information on issues of

he Association of Media Women in Kenya (AMWIK), is a national media Association formed in 1983 and registered under the Society's Act as a non profit membership organisation for women journalists from the print, electronic media and other areas of communication. Its 400 plus membership is drawn from employees

FUNDING United Nations Democracy Fund (UNDEF) AMWIK EDITORIAL BOARD Exucutive Director :Jane Thuo Prgrammes Manager: Marceline Nyambala Programmes Officer: Lilian Juma

Editor: Tabitha Onyinge Sub-Editor: Murugi Murekio Design: Virginia Nov Writers Anjou Maina

Joyce Chimbi Judy Waguma Kamadi Kadenge Linda Ongwenyi Lucy Kilalo Maureen Mudi

Carol Kinyua Daniel Nyassy Patience Nyange Sheila Masinde Venter Mwongera Yvonne Otieno

4 nuka!

concern to enable communities make informed choices. The association maintains excellent relations with journalists in all media houses and has continued to receive their support in the implementation of projects. AMWIK is committed to promoting the right to and use of information to create an equitable society.

them. This is through claiming their rights from the government including those promised by the leaders while launching their manifestos and holding them accountable to the pledges they made before and after elections to ensure that fundamental human rights are upheld. Under this project, AMWIK aims to reach specific audiences in some of the marginalised areas in the country through the use of community radio listening groups in six districts in the country. These districts include Isiolo, Wajir, Kwale, Malindi ,Kisumu and Naivasha. The thirty community groups that will be participating in the listening sessions include:

Boardwalk (Msambweni) Guruta Group (Msambweni) Tangulia Youth Group (Msambweni) Tiwi Community Clean Heart (Msambweni) Igiza Ziwani Group

ISIOLO
Nagayo Women Self Help Group Anupit Women Group Kiwanjani Self Help Group Islamic Women Group Chicho Hoko

About the UNDEF Programme

Inuka newsletter is brought to you by Amwik, with support from the United Nations Democracy Fund (UNDEF), and is part of the womens human rights programme covering six districts of Kenya. Our aim is to increase the publics awareness of womens human rights in Kenya, especially focusing on marginalised and vulnerable groups that include the media, youth, victims and minority ethnic tribes, explains Ms. Jane Thuo, Executive Director Amwik. AMWIK seeks to empower communities to claim their rights and seek redress for violations. This by coming up with strategies that will ensure protection of citizens, especially in conflict situations while addressing the root causes of such conflicts. She observes that empowered communities are able to strongly highlight the injustices perpetrated on women, youth and other vulnerable groups and insist on better protection mechanisms for women's human rights. They will also be in a better position to contribute meaningfully to discussion forums on gender and womens human rights. AMWIK is encouraging communities to actively participate in addressing human rights and fundamental freedoms that affect

KISUMU
West Seme Consortium Kinda Eteko Bandani Women Group Ombaka Unit Persons with Disabilities Girl Child Empowerment Project (GCEP) Kapuonja Legal Aid Group (KAPLAG) Starlight Widows

WAJIR
Albayan Women Self help Group Sharmake Women Group Bismillahi Group Mustaqim Women Group Griftu Bidii Youth Group

NAIVASHA
Homegrown Kenya Limited Siabukusu Welfare Association Star women Group Muthiga Youth Group Shalom Self Help Group

MALINDI
Shella Women Group Mwangaza Women Group Magungu Women Group Soyo Soyo Women Group Mahendo Youth (Watamu)

Two facilitators from each of the groups have been trained on how to moderate the ongoing radio listening programmes. Other activities under this programme include a survey on the awareness levels of womens rights in the six districts; an essay competition for children between 11 and 16 years of age, and training for journalists and correspondents from rural areas. The support from UNDEF is timely following the recent post election violence which saw many human and womens rights violated by the members of the public and the government through extrajudicial killings by police.

KWALE
Gazi Women Mangrove

Do not hesitate to write to us or call us on the following address, if you have any queries or clarifications on any of the articles appearing in this publication, or on any matters on womens human rights.
Association of Media Women in Kenya (AMWIK) Wendy Court, Hse No. 6 David Osieli Rd., Off Waiyaki Way, Westlands P.O. Box 10327 00100 Nairobi, Kenya. Tel: 254 20 444 1226 Tel/Fax 254 20 444 1227 Mobile: 0722/0737 201958 E-mail: info@amwik.org Website: www.amwik.org

January-June 2009

FATUMA ADAN
The voice of hope in Marsabit
By Lucy Kilalo

he challenges women in her community face overwhelm her at times. But Fatuma Abdulkadir Adan is determined to influence change, however little. A newborn girl child in northern Kenya is rejected from the moment she slides out of her mothers womb. During her lifetime she will be subjected to heavy domestic chores, little, if any, education, female genital mutilation and early marriage to a man usually many years her senior. This notwithstanding, she will be at risk of sexual violence, hunger and malnutrition and internal displacement occasioned by conflicts rife in region around the use of land and water, cattle rustling and severe tribal animosities. This state of affairs is what drives Fatuma, 30, to seek creative ways to ease the lives of fellow women in her community. The first born in a family of five, Fatuma, was born and brought up in Marsabit where she also went to school. Her determination for success saw her graduate with a degree in law from Moi University. Fatuma later earned a Chevening Fellowship and studied for a certificate in Sheriah and governance from the University of Birmingham, in the United Kingdom. She is the founder of Horn of Africa Development Initiative (HODI); a human rights based local nongovernmental organisation (NGO) that seeks to change the lives and livelihoods of her people. HODI is also involved in peace building as well as offering alternative livelihoods to the poor and the marginalised. But Fatumas world was not built in a day. Like other women in her community, she still faces the insurmountable challenges; only that she never allows them to put her down. Her challenges keep shifting with the developments in her life. Being a young, single professional woman is very challenging in my community. The fact that in this part of the world my work is the kind left out for only men does not make matters any better, she says. Today she stands out proud among her people and

6 nuka!

believes that they too can follow in her footsteps and succeed. All they need is take a step of faith, believe in themselves and fight for the right to make a choice in life. She has had to rise above how her culture and religion to tackle the issue of female leadership. At times I am forced to stand in front of the district administration and community elders, among them my own dad, and give advice or deliberate on the way forward for peace in Marsabit. This in itself is against my societys cultural norms. Islamic on the other hand, does not allow women to address men. Women can only be seen and not heard. This is a big challenge, which made my work difficult in the beginning. Currently the people are coming to terms with the fact that I have to do what I am doing. Having disobeyed culture and chosen education over early marriage, Fatuma emerged the first female lawyer in her community. This does not however elicit the expected celebration it would ordinarily. My community considered law a preserve for men but I took it anyway. I broke down in tears when I graduated. I had accomplished one dream in my life. Never in my entire college life had I thought I would complete my studies and become who I am today: a role model not only to girls in Marsabit, but in the entire eastern Kenya and southern Ethiopia. Because of her being in the publics eye, Fatumas unmarried status is one other issue she has to explain daily. Most girls my age got married at a very tender age, mostly against their will. Education for girls is seen as a waste of resources, and taking a girl to university is simply absurd. This journey has made Fatuma, an alumnus of the United States International Visitor Leadership Programme (IVLP), overcome fear. She knows too well that women from northern Kenya can make it as professionals and above all, exercise choice. The choice she made by rejecting early marriage, a brave stab at culture, to better herself first. I am proud to be single and able

to challenge society from within. I live amongst my people and work with them to change the situation of the poor and marginalised women, she emphasises. A thirty-year-old woman with the kind of education and exposure Fatuma has would easily live a comfortable professional life in any city in the world. One wonders why she chose to return to work from her semi arid home. She states her answer simply; I am committed to my community. This is the life I chose; if this life of sacrifice

believes such practices strengthen the poverty cycle since uneducated young brides cannot do much but live a life of limitations. Their options to survive include selling firewood or miraa, burning charcoal and even brewing and selling changaa. When pushed beyond limit, they turn to illicit sexual practices for money or gifts to help feed their children, she explains. Northern Kenya women and children are used to settle tribal wars. Culturally men battle it out with other men at war but war currently has a different meaning to my people. Women and children are killed to instigate more pain and suffering to the warriors in the community. When a woman or child is killed the community is compensated at half the price of men, so it is cheaper to kill more women and children than men. Womens woes do not end at marriage, in the case of a husbands death, a wife, considered part of his wealth, gets inherited alongside other property. Fatuma believes only education for girls, can address the challenges women in her community endure. Education will broaden their perspective of issues, especially gender based discrimination, and enable them stand up for their rights. She says, women have to stand up and speak out about issues affecting them, and until the silence is broken, change cannot and will not be effected. Women continue to suffer in northern Kenya because the countrys laws are not uniformly applicable. As a result, legal responsibilities and liberties do not trickle down to the mwananchi in some rural areas. The other step that can hopefully put an end to all this suffering is to have professional women from the region reach out to younger ones to mould and mentor them. Building bridges not walls will enable them reach out and influence change in the lives of suffering women of northern Kenya, concludes Fatuma.

Although her work is beneficial to the community, Fatuma has to contend with constant threats and sabotage, even when creating awareness on benefits of devolved funds.
helps save one girls life, then so be it. HODI operates from a small room and not the large glamorous office one would expect of a lawyer or an NGO for that matter. Greatness does not drive me. What drives me is what I do and how it impacts the lives of women and children impoverished by war and drought. It is more than just work; it is a passion or calling beyond my professional line of duty to see and influence change in northern Kenya. Although her work is beneficial to the community, Fatuma has to contend with constant threats and sabotage, even when creating awareness on benefits of devolved funds. Threats and protests often slow down my work, but I have never given up my search for justice and fairness. I have been threatened with death in my search for peace but I am not about to give up for as long as women and children continue to die. One way or another we have to find a way of living together in our society. Cases of defilement and rape scare Fatuma. The community exercises bias and injustice on cases of sexual abuse. A defiled girl is bought a dress then forced to marry the rapist without any exchange of dowry. You can imagine the kind of torture the girl undergoes Fatuma desires a justice system. She

January-June 2009

Worlds apart, but common economic goals

By Joyce Chimbi

hey are worlds apart, but share a common goal. Mandera: North Eastern Kenya; temperatures above 40 degrees Celsius; blue sky; no busy streets; no shade; no soul in sight. Kibera: Nairobi Kenya; temperatures below 25 degrees Celcius; grey sky; a thick stench of open sewers flooded with human waste; corroded pipes with unloaded brown water popping out of the grounds of the stuffy slum; men and women pushing and pulling each other to get space on the tiny paths connecting shanties and businesses; men pushing wheelbarrows; an old toothless man holding a squawking chicken in a plastic bag; barefoot children weaving through vendors stalls chasing one another; women squinting in the sun from their misshapen stools. Mandera is a hardship area prone to long dry spells with only two unreliable wet seasons in a year. The region has an estimated 312,000 people who are almost wholly dependant on livestock. Despite external interventions, women still suffer harmful traditional practices, says Fatma Hassan, a resident of Mandera. Our women cannot even own property. Men in this community traditionally own livestock and land, and it is only recently that women started getting involved in the management of resources, and even so, from the periphery. Women are not marginalised in economic ventures because of their inability to be equally productive but more by a traditional stereotype whose lifespan needs ending. Fatma
Above: Some members of Bur Abor Bidii Women Group holding their home saving tins.

gives the Mandera Livestock and Marketing Association as an example. She says the association of 75 members has 25 women, only one of who is in leadership. Membership in the association, which regulates livestock trade in the district, is prestigious. Members are livestock traders, but very few women own livestock hence their dismal number and influence. This is also reflected in land ownership, says Amina Abdalla, who runs a milk selling business in Mandera market. Its actually only recently that women were given a platform, though small, to flex their development muscle, she adds. In addition, Amina points out that

Below: Amina Mustafa and Phoebe Ingaisa of Kibera Women for Peace and Fairness in the groups shamba.

8 nuka!

levels and persistent conflict between clans over water points and livestock rustling. Mandera men concentrate on land and livestock management, as well as defending their families from other cross border conflicts from Ethiopia and Somali, while women are preoccupied with raising their many children. In spite of these challenges, women have recently taken to working in groups to support each other in development initiatives to supplement their household budgets. Bur Abor Bidii Women Group formed in June 2006 in Mandera East is one such group. With a membership of 22 women, each member contributing Kshs10 daily, the women have saved Kshs157, 657 so far, part of it being financial support from micro-finance institutions. They have subsequently invested in livestock trading, butchery and a milk shop, among other ventures. They also support members to invest individually. Another initiative, Milk Sellers Women Group, and 23 other groups, hope the Womens Fund will boost its ventures. They need more than just finances. They need entrepreneurial training as well as encouragement to build confidence in their ability to run successful economic ventures. since most women in her community are forced in to early marriage they end up with large families, which interfere with their ability to explore development opportunities to get into the centre of economic ventures that can facilitate a decent living standard. On the other hand, simple daily chores like fetching water occupy large portions of their days because of the nature of their land. Women spend hours walking long distances to water points and even longer hours queuing for the commodity which trickles out in very small amounts. The other reasons women have been marginalised from development activities is the regions low literacy But there is hope for a better future from the progress women have made over the years. A walk through Mandera market in early morning reveals just a handful of men against numerous women laying out their wares in preparation for the days trading. These women are working very hard and that is why Mandera needs gender mainstreaming to ensure development begins from the Locational Development Committee (LDC), says Isaack Ahmed, a social worker. It is ironical that our women are treasurers in over 90 per cent of our LDCs because they are believed to be accountable. They should however be more than financial custodians because they have proved that they can work with men for a better Mandera.

The way of Kibera women

By Venter Nkatha Kibera women tell a different story. Kibera, one of the largest slums in Africa, is home to an estimated one million people who live without basic amenities. Whereas the women also encounter countless problems, groups like Kibera Women for Peace and Fairness have managed to establish income generating ventures to afford their families three meals a day. But theirs is not just confined to income generation, they are peace ambassadors too, as the groups vice chairlady, Amina Mustafa says. The post-election fracas opened our eyes to the need not only for economic sustainability, but also for peaceful co-existence. The womens group was born soon after the peace accord in February 2008. It was not an easy task talking to rowdy youth. Men were hacked to death and lucky ones ran away leaving women and children without food or any source of livelihood, says Amina. It was during this low time that she realised change was inevitable. From door to door, she persuaded women and young men to help restore sanity in the neighbourhood. Even as Aminas initiative struggled to survive, violence eased off and men suddenly realised they were unable to provide for their families basic needs. The women who had until then been involved mainly in peace building decided to extend their work to community development projects. Our Thursday weekly meetings were slow at first since we were few, but we were determined. We introduced a Kshs50 weekly contribution which

January-June 2009

was to be given out as loan to any needy member, says Amina. The groups chairlady, Jane Anyango, likens empowering fellow women to saving in a bank that gives more than 150 per cent annual interest. The 39-year-old mother of four sees a bright future for the womens organisation. All our members are in businesses like kiosks and charcoal selling, while a majority grow sukuma wiki. It is through this initiative that we settled more than 100 families back to their houses in different parts of Kibera, following the post election violence. The group draws its over 5000 members from15 villages across Kibera, each village having a representative who ensures physical, psychological and financial progress

of individual members. Some of their activities include medical and psychological support for members living with HIV/AIDS. Grassroots women, arise! Jane recites the groups slogan, adding, we are living our dreams now. Indeed they are. MSF Belgium, an International NGO, has recently set up three clinics stocked with Antiretroviral (ARV) medication for members, and the Kenya Women Finance Trust has left its doors open for the members to take soft loans. Besides that, members household income have increased and helped reduce hunger and malnutrition. Their basic needs taken care of, the group is now planning to start recreational activities including volleyball and netball games. Two members from the group give their testimony below.

Phoebe Ingaisa
Phoebe Ingaisa was the first beneficiary of Kibera women for peace and fairness with a loan of Kshs1000. She bought sukuma wiki seedlings in the early months of 2008. I wanted to distract myself from miserable memories of the post election violence through the venture. The project has grown big, and now my five children will not sleep hungry again. My husband who used to call me a blood sucker because I was jobless, cannot dare mistreat me now, Phoebe explains. She started by growing vegetable in three sacks standing by her house. I started very far. I sacrificed daily to buy three 20-litre gallons of water to sprinkle on the seedlings, and two sacks of manure to plant and top-dress the seedlings. I had so many problems then. I ran errands to support the venture and I am glad the determination has paid off. Today she has fifteen sacks of crop she harvests twice a week. I sell the produce and buy other foodstuff like maize flour for my familys meals. I am happy because my work also feeds other families, Phoebe says. Since joining the organisation and undergoing training on resource management, in May last year, Phoebes confidence in womens ability to influence development has shot up. She is a role model to other women who have not yet started on their development goals. My childrens school fees and the groups monthly fees are no longer a problem. Besides, my children are well dressed and rent is not a big deal. My business is flourishing The hard-working woman also runs a charcoal business and I am left with 10,000 shillings profit after footing my bills at the end of every month.

Fanice Musonja
If you are a mother, Fanice Musonja says with her gaze fixed ahead, you dont know what suffering is until you have watched your babies go hungry. I have suffered many times. This 42-year-old high school graduate was living desperately with her three children until she joined Kibera Women for Peace and Fairness. She is the organisations secretary. Her unemployed friends were living better from selling vegetables, fruits and charcoal, and Fanice joined them. Mama, I am hungry, Fanices 10-year-old son interrupts us, Help me to work if you want something to eat, Fanice responds gently. Accustomed to this kind of life, the young boy squeezes on the stool next to his mother. He is like a talisman today. Within 30 minutes of his stay, three customers each fork out Kshs50 for a handful of the medium sized tomatoes. Fanice hates to count her money during the day because she is afraid of the many idle young men who hover around businesses robbing owners of their income. Joining the womens group has benefited her in many ways, including home and business managements, as well as achieving her childhood dream which was to enrol in a football club. My previous house was empty, but thank God, I am currently living like other middle class people in Kenya. My life has changed and I am grateful to Jane, who recruited me into the group, she says. These women represent others across the country, women who need economic empowerment to change lives. The rise in female-headed homes makes this need even more urgent. Women have the capacity to be economically productive. An economically independent woman contributes much to society.

10 nuka!

During a visit to Samburu, Wajir and Isiolo, Linda Ongwenyi discovers that womens thirst for information to safeguard their rights prevails despite the challenges they face.

nupit Self Help Group Anupit being a Samburu word, meaning faith literally hangs on to faith due to rampant insecurity and inadequate government services. Military operations searching for illegal firearms together with age-old cattle rustling has made their lives a nightmare. In early June 2009, a report by the Kenya National Commission on Human Rights, revealed that government security forces used what is suspected to be irritant chemicals on women and children, who were the major casualties, to mop up illegal guns in February 2009. Contingents fired the substances at schools and women drawing water. These notwithstanding the women also have to grapple with reproductive health rights challenges.

Promoting womens rights through radio listening groups

communicate or receive information, not even about the weather, a member of the group laments. According to Habiba, a member of Nagayo Women Group, women are not only denied access to information, but their husbands also often abandon them. Kiwanjani women complain of an unfair mode of land allocation due to misinformation by the authorities. As a result, their land is sometimes allocated to new owners. AMWIK has initiated community radio listening groups in marginalised parts of Kenya such as Kula Mawe in Isiolo and Kwale at the Coast, to mobilise community action for social transformation and development. The programme focuses on pastoral communities, especially in North-eastern Province, where infrastructural development is poor and access to information and media is also low. These areas also record the highest statistics of low literacy levels and women are still subjected to negative cultural practices. To address the information gaps in these marginalised communities, Amwik pre-records radio programmes on cassettes. These programmes cover a variety of subjects including child labour, civic education, the Sexual Offences Act, gender and governance, and peace and reconciliation. They also promote elimination of FGM and educate communities on devolved funds. The communities and womens groups are then equipped with skills on how to hold listening sessions at their convenience, and with radio handsets which can play the cassettes. This is unlike listening to radio stations as the women may be busy with domestic chores. After the listening sessions, the groups discuss the content of the programmes and come up with action plans on how to improve their situations. It is particularly encouraging to see the communities buying in and owning programmes, acting as sources of information and leading the community in taking action to improve their lives and deal with some of the problems they experience in their day-to-day lives.

Our hospitals are inadequately staffed and equipped. When our women go to hospital to deliver they are told to buy their own jik, cotton wool, and gloves, says Josephine Ekiru adding, Pregnant women, especially those who burn charcoal for a living and others engaging in activities that take them away from home, lose their lives while giving birth in the forest. She goes on to add that the women cannot abandon activities that put their lives at risk, due to lack of an alternative means of livelihood. Three children died of hunger recently. Do you expect these women to stop burning charcoal? she asks. At the local council offices, residents have to buy carbon paper, among other things, without which they cannot be attended. Women are not represented in the Community Development Fund (CDF) committee and are excluded in the community development processes. Are we not Kenyans too? she asks. In Wajir, women build manyattas, rear the young and walk long distances for water for home and animal use. Their men play a supervisory role sheltered from the scorching heat by the trees. Women here are undermined and denied the opportunity to take charge of their own bodies by being subjected to harmful cultural practices, such as early marriage and Female Genital Mutilation (FGM). Our girls are denied the opportunity to go to school. The fundamental role we play in society goes unappreciated, says Halima Adan Mohammed, a member of the Sharmaake Womens Group in Wajir as other group members whisper their affirmation. As in the case of Sharmaake Womens Group members of Chicho-hoko Self Help Group, Nagayo Women Group and Kiwanjani Womens Group in Isiolo, yearn for information on development. We are farmers yet are not informed of what is going on around us. We have no means to

January-June 2009

11

The Marriage Bill 2007 explained

By Sheila Masinde Unfair, derogatory, discriminatory and unconstitutional; are the words High Court Judge, Kalpana Rawal, used to describe the current marriage laws while urging urgent legislative intervention. The existing Marriage Act commenced in 1902 and was revised in 1962 and this was the last time that any law pertaining to marriage in Kenya was reviewed. Recently there has been concerted effort to put in place the first home-grown Marriage Act that resonates with current values, traditions and lifestyles. Trying to understand ones marriage rights, status and liabilities can be a daunting task, says Lawyer Judy Thongori. You have to sift through several laws to get the full scope of the Marriage Act.

Provisions of the Bill

There are seven Acts pertaining to marriage in Kenya today: The Marriage Act, African Christian Marriage and Divorce Act, Matrimonial Causes Act, Subordinate Courts (Separation and Maintenance) Act, Mohammedan Marriage and Divorce Registration Act, Mohammedan Marriage Divorce and Succession Act and Hindu Marriage and Divorce Act. If the Marriage Bill 2007 becomes law, it will consolidate all the seven Acts into one. The Bill clearly defines marriage as the voluntary union of a man and a woman intended to last for their life time. As such, it is silent on same-sex and surrogate unions (where a wife is infertile and the husband marries another for the sole purpose of bearing children). It pegs the minimum age for marrying at 18. But individuals under 21-years have to provide the consent of their parents or guardians. The Bill also allows those who have been joined as man and wife in a customary wedding to get a marriage certificate. It is noteworthy that in the event of a divorce or separation, a court may order a woman to pay maintenance to her former husband, where the man is economically disadvantaged and it is proved that she has more financial capacity. The Bill provides for support services such as mediation, conciliation or arbitration and non-judicial dispute resolution mechanisms for

couples in conflict as a means to curb divorce cases. It states that a petition for divorce shall not be heard unless the dispute has first been referred to a conciliatory body, and has failed to resolve the dispute. So a couple cannot get a divorce unless their marriage has irreparably broken down. The Bill proposes the office of the Registrar of Marriages to address the institution of marriage.

Polygamy recognised
Its salient features include among others, the legal recognition of polygamous marriages and protection offered to women who are in polygamous unions. A woman in a polygamous marriage will be protected in relation to property, her children and maintenance, Patricia Nyaundi, the Executive

Sheikh Mohamed Swalihu, lawyer Judy Thongori

12 nuka!

Director of the Federation of Women Lawyers-Kenya chapter (FIDA), expounds. Many may frown at the legal acknowledgment of polygamy at face value. However, that a man has to declare if he intends to take other wives at the onset of the first marriage, should put a smile on many a womans face. A man will only be allowed to introduce an additional wife if his first marriage is registered as a potentially polygamous one. It however remains to be seen how many brides will accept a man who openly states that he intends to walk down the aisle again, even before he goes down that walkway with her. Christianity, nonetheless, prohibits polygamy, so an individual seeking to take up an additional wife may face a big hurdle if he wants divine blessings to enter another matrimonial union. Reverend Philip Kitoto, a senior pastor with the International Christian Centre (ICC), says the Bible does not shy away from the topic of polygamy, quoting verses that rebuke the practice. Scripture is unequivocal that having multiple wives constitutes a departure from Gods plan for marriage. In the New Testament, many are denied leadership in the church for marrying more than one woman. The pastor who has authored the book, Marriage Dance, says: It is

definite that no Bible-believing church will sanction a second or a third wife, if the first is still alive and married to the man in question. When God brought Eve to Adam, how come he did not bring him a second wife? Although the Quran allows Muslim males to marry a maximum of four wives on condition that the man is capable of treating them equally and sufficiently providing for them, the Imam of Jamia Mosque, Nairobi, Sheikh Mohamed Swalihu takes issue with the clause. I do not think it is right to compel a man to declare whether he will marry another wife. What if at the time of the first marriage he is not able to provide for another wife?

But having counselled a number of couples that have cohabited before marriage, Pastor Kitoto says, I have met some (couples) in very committed come-we-stay arrangements, all I have told them is to formalise and remain faithful. Many come-we-stays are based on a lets try this and see if it will work out ideology. This is definitely wrong because it breaks the basic Christian values of purity. I believe the best way is dating well so that you can know all you need to know before marriage. Sheikh Swalihu describes come-westay arrangements as haram (illegal). Even if the law acknowledges such a union, Quranic teachings are clear that it is sinful. This is a Western practice that goes against Allahs plan for a man and a woman, he says.

Come-we-stay arrangements legalised

If the Bill sees the light of day, come-we-stay arrangements will be recognised for the first time ever by Kenyan law. The proposed legislation reads: Where it is proved that a man and woman having capacity to marry have lived together openly for at least two years in such circumstances as to have acquired the reputation of being husband and wife, there shall be a rebuttable presumption that they were duly married. Nyaundi however says it is not possible to compel such a couple to seek registration, but if the Bill is enacted, the weaker partner shall be protected in that the law shall presume the intention of the partners. Some sections of the Kenyan population argue that recognition of cohabitation will compromise religious and social values that require a man and woman to seek family and church blessings before living under one roof. It is felt that many will prefer to take the cheaper route to marriage, by staying together and seeking legal approval two years later.

Bride price regulated

The Bill also curbs the commercialisation of bride price, which has become rampant in society. Dowry has contributed to the abuse in families in no small measure. Often womens families have failed to provide for women to leave abusive unions since they fear that they will have to refund dowry, says Nyaundi. The planned legislation also states that non-payment of dowry will not invalidate marriage. In addition, one party cannot demand the return of dowry on dissolution of marriage. The Marriage Bill 2007 is a private Bill, and is presently on the Attorney Generals desk awaiting cabinet approval before being tabled in parliament. Writing in a local daily newspaper, Lawyer Pravin Bowry, recently, remarked, For over four decades, male-dominated parliaments repeatedly thwarted the enactment of realistic marriage laws. Kenyans will be waiting anxiously to see how the Tenth Parliament receives and treats the Bill.

Pastor Phillip Kitoto

January-June 2009

13

Members of Sauti ya Wanawake express their jubilation at a function

Sauti ya wanawake: Give a voice to the women

By Judy Waguma

he wave of Sauti ya Wanawake in Coast Province is a force to reckon with. Translated as the voice of women, this group has made huge strides, giving women a voice in a society riddled by inequalities occasioned by culture and religion.

dropping out of school, says Binti Ali, the chairperson of the group. Our biggest concern, though, was to break the silence, and give the women in Mombasa a unifying voice, to address issues that affect them she adds.

parents through support, ensuring they have gone to the hospital and followed due legal process. The group has sub-committees that deal with health, advocacy and child and human rights as well as, HIV/Aids and governance. Florence Gideon, a member, says that looking at the different regions they cover, the organisation recognised that education levels among girls was low. For example, out of the 400 girls who enroll in class one, only half go through to class eight. Binti Ali says the girls confessed they barely got time to study. Their major concern was that

It was after much consultation and deliberation that Sauti ya Wanawake was established in 2001, as a forum to empower the women of Kisauni, region in coast Province. One day we sat, and reflected on the status of women in our society. The major concern was that they were not involved in development and large numbers of girls were

Sauti ya Wanawake started with around 50 women. Today the group boasts over 1000 members and they are still growing. They have a steering committee that comprises of 36 members; 21 are active and have helped steer this movement to where it is now. Their scope include girl-child education, creating awareness on womens rights, assisting defiled children and their

14 nuka!

Arranged marriages infringing on womens rights

when they got home from school, they had to do all the house chores. They have to fetch water, wash the babies, and if their mothers are in business, they have to take over, until very late in the night, they are therefore not able to do their homework in good time, Binti Ali says. All these after-school work results in fatigue and they are not able to concentrate in class. The girls often do not receive money from their parents for their day-today needs. Hence, there is pressure from peers to get boyfriends who can give them money. In turn these boyfriends demand sex. The girl either falls pregnant, or the boy marries her, and that is where their education ends. Due to the nature of their parents work, some girls are at a high risk of sexual assault. This is especially so among those whose parents sell mnazi (coconut), a local brew, in their homes. The girls are often assaulted by drank patrons. There are also parents who demoralise the children, says Binti Ali. She says that some parents abuse the children verbally, telling them they would do better as prostitutes. Because many cannot afford sanitary towels they are therefore forced to miss school for close to one week during their menses, says Gideon. When a girl is facing all these problems, they find it difficult to talk to people openly. This was our entry point, says Binti Ali, we felt that we needed to help these girls to complete their education. It was against this background that Sauti ya Wanawake started a girls forum, to sensitise them on their rights. Sauti ya Wanawake says that their work has had an impact. Over 20 girls at Ziwa la Ngombe Primary School scored over 300 marks in the recently released Kenya Certificate of Primary Education (KCPE) results. Above all, there is retention in schools, as we see less girls dropping out of school compared to previous ties. We also have to make sure that they get to class eight, Binti Ali says. The women have also begun a door-to-door campaign to educate other women on the importance of educating the girls.

By Maureen Mudi

espite her tender age, Faith Tatu* appears older. Less than seven months ago, 18year-old Tatu, became someones wife after losing the battle against a retrogressive culture. I did not have a choice but to accept to be married off. I come from a family where this culture is embraced. I knew that my life would be hell if I continued to defy them, she says sadly. Tatu, like many girls from the Coast Province who come from poor polygamous families, fell to the risk of early marriage. Her father, a retired police officer, is a father of 12. Tatus mother bore seven children and only one, a boy, managed to obtain an education and a job as a prison warder. The rest, including Tatu, dropped out either at lower primary or after sitting for their Kenya Certificate of Primary Education (KCPE). Like many poor families living in the Mbaraki Police Lines known for its tiny rooms, it was only natural that once Tatu was of age, her

January-June 2009

15

father would want her to leave and get bride price to supplement his income. In 2006, the Coast Women in Development (CWD), a nongovernmental organisation based in Mshomoroni area rescued Tatu from early marriage. Betty Sharon, the CWD executive director, met Tatus father during a political rally. He told me that his girl, who was by then almost 16 years old, had refused to go to school and how much he wished to marry her off. I did not buy his story and decided to investigate it further, she says. After some struggle, Sharon took Tatu into her care where she stayed for one year. When she joined CWD, Tatu was counselled and seemed to have overcome the urge and pressure from her peers to get married early. Her father used to tell

us how her age-mates had already settled and she was seen as a bad omen in her community. Whenever he confronted her with the subject, Tatu always told him she was not ready for marriage, Sharon says. Sharon advised Tatu to work hard and build a foundation for her future, so Tatu enrolled for a computer courses at CWD and went on to become the receptionist. In December 2008, she lost the fight against arranged marriage when she informed the CWD executive director through a proxy that she would not be returning to work. I was shocked to learn that she had decided to leave her job. She was earning something and we believed she was above the cultural pressure from her community. It seems we had missed a step in our rescue efforts, a despondent Sharon says. It became difficult for us to fight for

her since she had turned 18. Tatu recalls returning home one day to find her father and would-be husband finalising their dowry and marriage plans. My mother who was also present never uttered a word. Women are viewed as spectators in such issues and thus her say was not to be taken serious. I was later told that the man would be my husband, Tatu says. Her attempts to resist were fruitless. She was almost banned from her home, and having very limited choices, she bowed to pressure. Soon after, she was married off. In addition to curtailing her freedom and infringing on her rights, she is not sure if she will ever accept her husband. To date, I do not feel like someones wife. I just pray to God now that it has been done, I shall be strong and face the reality, she says wiping tears from her cheeks. CWD has been on the forefront to champion for the rights of women and girls whose rights have been infringed. The CWD officers are currently in Msambweni District in Coast province, trying to ascertain cases of incest within the community. They had received reports that most girls are lured into sex by relatives and end up conceiving. The organisation also works with others to rehabilitate commercial sex workers and provide them with alternative ways of survival.

*Not her real name Fatuma Mwalizuma, the patron of Girls Forum, addresses a group of pupils;

16 nuka!

ADVOCATES OF

WOMENS RIGHTS
omens movement or womens liberation movements world over are engaged in a series of campaigns on issues such as reproductive rights - including abortion, domestic violence, maternity leave, equal pay, sexual harassment and sexual violence. The goals of the movement vary from country to country, like opposition to female genital cut in Kenya or to reaching the glass ceiling in western countries. These movements have effected changes in various parts of the world. The west has seen enormous changes in womens right to vote, broad employment for women at more equitable wage, the right to initiate divorce proceedings, obtaining contraceptives and safe abortion, among many others. Some of the issues they champion have come to be accepted as mainstream political thought due to economic, political and social changes in the world. An example in Kenya is the Sexual Offences Act 2006, which was championed by former nominated Member of Parliament (MP), Njoki Ndungu. The Act heralds a milestone in the fight against all forms of sexual violence, as there is, for the first time in Kenya, a law that comprehensively tackles sexual violence. But women ought to be aware of such platforms, to effectively use them to champion their rights. Education is currently the main strategy used to change young womens perspective of their rights. Knowledge, they say, is power. And the issue of inculcating womens studies in higher institutions gives women a legitimate ground to recruit more women and men, empowering them with knowledge to positively pursue womens issues.

By Anjou Maina
In Kenya, we have for the first time, a university for women - Kiriri Womens University of Science and Technology (KWUST). The universitys emphasis is on women enhancing education in the scientific and technological fields. This will certainly boost the number of women professionals in those fields. Women groups also use workshops to enlighten society on pressing womens issues. They push forward womens agenda through discussion sections that tackle sensitive issues like the affirmative action with regard to womens empowerment. In the end they are able to recruit fresh minds, which at times include male advocates. Incorporating women into politics is another strategy of pushing womens agenda. This is because women in public office often end up as role models whose ideals and causes are likely to permeate younger and underprivileged womens minds. Although womens representation in Kenya has a long way to go, Tanzania and Uganda have fair representation, where a good number of women are MPs and government representatives. The arts, through theatre, music, schools music and drama festivals, among others, cannot be left out as an advocacy tool for womens issues. They have showcased different social themes touching on womens issues, and influenced change from different quarters in the past. Today advanced technology has been added to the tools, making it even easier to amplify the voices of womens rights advocates. The worldwide web (www) and blogs, e-mails, texts, video streaming and web pages open up communication avenues that boost this agenda. Many womens organisations, like the International Museum of Women, have websites, which encourage members to share educative information online. The information could be based on history, the arts, cultural programmes, photography, among others. Womens groups and associations have not been left out in advocating these rights. When you educate a woman you educate a village, is a common saying that holds true in Kenya where women are hardworking, determined and have very strong influence on family values. Womens groups, associations and organisations are many and involved in teamwork, which helps them advance socially, economically and politically. Many womens organisations have effectively changed womens lives in Kenya. For example, the Kenya Women Finance Trust (KWFT), which gives low-income has enabled womens groups finance their economic initiatives. Federation of Kenya Women Lawyers (FIDA) has also played a big role in handling legal matters affecting women, especially land and property rights issues that continue to challenge many women. Coalition on Violence Against Women (COVAW) has successfully spearheaded the fight on violence against women and continues to campaign for womens rights on the domestic front and also at their workplaces. There is also Association of Media Women in Kenya (AMWIK), which is instrumental in highlighting womens and childrens issues through women in the media. Womens movement has achieved a presence in the public sphere through its interventions in politics by means of legal reforms, work within the NGO and civil organisation circles, and internalisation of gender studies at universities. It has transformed the political, economic and cultural discourse thereby reaching a wide social acceptance of gender politics. Every woman ought to be affiliated with at least one such organisation to effect the change society needs.

January-June 2009

17

Malindi fights child sex tourism

hen Evelyn Wambua told a court in Malindi on January 21 this year that she was not surprised when 45-year old Baro Emin did not bring back her 15-year old daughter after an evening outing, those in attendance raised eyebrows. She was testifying in a case in which Emin, a tourist, had been accused of defiling her 15-year old standard eight daughter in a Malindi lodging. Emin, whose nationality is unknown as he owns a New Zealand and a Macedonia passport, appeared before Malindi Senior Resident Magistrate Dominica Nyambu. He was charged that on the night of January 8 and 9 this year, he defiled the 15-year old girl at Kenya Mpya lodging in Malindi town. The tourist however claimed that Evelyn, the girls mother, had handed her over to him and asked him to stay with her and marry her when she turns 18. But Evelyn said the visitor had offered to assist the girl, a pupil at a school in Machakos, with her education but took off with her to Malindi where he was found defiling her. More than five other foreign tourists, a majority of them Italian nationals, have since appeared in the Malindi court charged with offences similar to Emins. Emins case, which came barely three weeks after the launch of Malindi Protects Children, a programme to protect children from sexual exploitation by tourists in Malindi, is just one of many showcasing the magnitude of child sex tourism in Coast Province. In most of such cases, a guardian is always seen to consent to the sexual

By Daniel Nyassy

Minister for Tourism Najib Balala (l) and Minister for East Africa Cooperation Amason Kingi Jeffah (c) with an Italian stakeholder Adriano Giraldella discuss a point during the launch of "Malindi Protects Children" programme at the Mwembe Resort Hotel in Malindi.

abuse of the girl in question by the accused tourist. Malindi Protects Children a programme that involves international cooperation between the Italian Government, United Nations Children's Fund (UNICEF), International Committee for the Development of Peoples (CISP) and Malindi and Watamu Tourism Welfare Group (MWTW) now fights the practice. The campaigns main aim is to combat any form of sexual and commercial exploitation of children as well as to promote responsible tourism in the district. UNICEF has been on record accusing the community, including childrens own parents, of helping perpetrate the vice. UNICEFs chief of child protection, Brigithe Lund-Henriksen says a 2006

collaborative research between her organisation and the government of Kenya revealed that child sex tourism had been gaining ground in Kenya. The horrific activity, she further says, involves both local and foreign tourists. LundHenriksen attributes poverty and social decay for the sexual exploitation of children, especially by operators in the tourism sector. Increased vulnerability of children to sexual exploitation is a result of poverty, social and gender inequality, exclusion and disparity, drug and alcohol abuse, the impact of HIV/Aids, conflict and other emergencies, says LundHenriksen. The UNICEF child officials sentiments are credible given that Malindi District is one of the poorest in

18 nuka!

Ms Tania Miorin (L), a supporter of Malindi Protects Children, with friends during the launch of the campaign at Mwembe Resort Hotel. Miorin was instrumental in the formation and implementation of the programme.

Kenya, with 66 per cent of its residents living below the poverty line. Enrolment of children in schools is very low. As a result, members of the community, specifically parents, encourage sexual exploitation of their children by tourists, in exchange for gifts and money for upkeep. Other than poverty, the large number of under-age children loitering around the district engaging in numerous exposing businesses boosts the illegal practice. For instance, beach boys, who are young male school drop-outs, act as agents in the sex transactions. They negotiate the price with the male perverts and get the young girls to seal the deal. To tackle the problem of child sexual exploitation, a strong alliance is required between various development partners including the government, development agencies, civil society, faith-based organizations, hoteliers and other private sector players, the media and the local communities, the UNICEF/Kenya government report suggests. Malindi Protects Children campaign is the first step towards protecting young girls from exploitation. Seven out of the 38 major tourist hotels in Malindi District

have signed the International Code of Conduct to protect children from sexual exploitation in travel and tourism. And UNICEF has pledged to provide the technical support the campaign needs to successfully influence the community it targets. The partnership now moves towards forging partnerships with the youth, parents, community leaders and NGOs operating in the area to ensure they all embrace the campaign. An alert has been issued to ensure that any reports of child abuse are promptly reported to security organs for action. Programmatic interventions towards the establishment of a referral and protection systems are on-going in Malindi and a technical task force has been established between the Government, the local municipal council, the civil society and the Italian Cooperation, says Lund-Henriksen. Tourism Minister, Najib Balala acknowledges that Malindi District is infamous for being a sex tourism destination in international circles. This embarrassing tag must be erased, he says. Malindi is not a sex tourism destination as branded by the international media. This bad name has caused the area credible tourists and investors. We must fight this tag right

from the community level. Any hotel involved in the vice will have its license revoked promptly, says the minister. Balala believes sections of the Child Act, the Penal Code and the Tourism Act, among other acts, that ensure decent practice as well as the protection of children have not been adequately used to stop the sexual exploitation of girls at the coast. Another Coastal political leader, Minister for East African Community, Jefferson Kingi says child sexual exploitation is a violation of the basic and fundamental rights of children. He blames the growth of the de-humanising practice on the vulnerability of the community due to low education levels, poverty and ignorance which in turn makes them exploitable. Child prostitution, pornography and sex are so rampant in Malindi... We must collectively wipe this image out, he says referring to the countrys political leadership and all Coast Province leaders, the community as well as other interested partners like those involved in the Malindi Protects Children initiative.

January-June 2009

19

Will MDGs come to the rescue of women?

By Tabitha Onyinge A few years back, I stumbled upon a very thin woman, lying on a sack on a busy street in Nairobi. An equally thin malnourished looking baby boy lay besides her suckling on a flabby breast. There were flies all over their faces. There was a black nylon bag next to her containing four small bottles and two brown packets, all looking freshly filled with medication. There were also two packets of unopened milk. I called out to them, but neither the woman nor her son opened their eyes to look. I walked away wondering where she had come from and where she was going, who her relatives, especially the father of

SICK, HUNGRY AND POOR

20 nuka!

her child, were and where they were. I was astonished that a hospital could discharge a patient in such a state. I reported her case to a police officer who was directing traffic nearby and he promised to help her. When I passed by the same spot two hours later, she was gone. Although I have never seen her again, her memory lives on. Sick, hungry and poor, she still had to carry societys burden on her shoulders. She needed help, but it seems there was no one for her. She needed to be nursed to health, perhaps washed and fed even, as she had no more strength left. She could not share her burden, her son and societys future, with anyone else, for even in that near death state, his continued existence depended on her own survival. That woman represents many women today: bearing the burden of society. If she withers, society withers, if she flourishes, society flourishes. Women are important in any societys development. They have to be involved in every step whether as leaders or participants. Whereas this role is obvious across the globe, often women are left out in many key development interventions. The Millennium Development Goals (MDGs), currently the focus of many countries, are some of the areas where womens involvement would make a difference. During the International Womens Day Celebrations in May 2009, women across the world talked about MDGs and societys growth. They assessed gains, challenges, weaknesses and unexplored opportunities. A lot is yet to be done to involve women participation in development.

and empowerment of women; reducing child mortality; improving maternal health; combating HIV/Aids, malaria and other diseases; ensuring environmental sustainability and developing a global partnership for development. What this means to Kenyans is that sights like that of the sickly woman I saw on the streets will not exist after 2015. It means that each individual will be able to feed, dress, live in decent shelter, have an income, have access to affordable healthcare and education, be protected under social security, and have access to a decent source of income. It also means living in a society where women and men are treated equally, for instance without looking at male children as superior to female children or vice versa. It means healthcare facilities and professionals ensure every conceived foetus thrives in the womb is delivered safely and grows in to adulthood. It means that society can afford medication for HIV/Aids, malaria among other illnesses. Achieving MDGs means a pollution free environment, where waste is managed appropriately and in a manner that does not harm human beings. It means a clean environment where all rivers are free of harmful matter, and destruction of forests through logging, charcoal burning or careless agriculture ceases. To Kenyans, achieving MDGs means having a government that is responsible enough to forge relationships with other responsible governments for the sake of exchanging practical development ideas. Numerous women and feminist groups have criticised the goals for being gender insensitive. They have complained that gender equity and womens empowerment have been separated as a specific issue in one goal, rather than being integrated across the other seven goals. However, if achieved as outlined, by the targeted 2015, womens lives will improve. The MDGs will ensure less poverty related human suffering, less conflict and better management of natural resources, resulting in better lives for women.

Poverty has a womans face

Nyar Alego, a 43-year-old mother of three boys, says she has never heard about the MDGs. She listens carefully as I explain what the goals are. Which government provides free medical care? she challenges when I tell her governments ought to ensure citizens get such services either freely or at minimal costs. Although she suffers frequent chest and backaches, and her second-born son has asthma, Nyar Alego has never enjoyed modern medical services. There is a very experienced herbalist my mother introduced me to. He treats all our ailments, she explains. To her, development means living in a huge permanent house, being able to afford school fees, food and lots of luxuries for her children, and having a permanent source of income for the rest of her life. She does not believe freedom, equity and equality are aspects of development. I ask what she knows about her rights as a human being and a woman, and she stares at me blankly. What do you mean? I realise that my explanation about rights is just as new to her as the MDGs are. She does not believe, for example, that separating from an abusive husband was the right thing to do as he was violating her rights. Born and bred in a remote village in Siaya District, the soft-spoken woman married a man from neighbouring Bondo District, and only moved to Kisumu town in February 2009, after separating from her husband. This followed years of enduring physical and emotional neglect and abuse. Nyar Alego, will not even disclose her real names because she fears her relatives will identify her. Her three sons are in new schools and she has strictly cautioned them against contacting any relative without her permission. I came to Kisumu because my in-laws and my parents were upset that I left my husband of 15 years. They say it is not right to leave a husband who has paid dowry for you and sired your children, she explains apologetically.

What are the MDGs?

The Millennium Development Goals are eight international development targets that Kenya and 191 other countries across the world agreed to achieve by the year 2015. The countries are all United Nations members. The MDGs include: eradicating extreme poverty and hunger; achieving universal primary education; promoting gender equality

January-June 2009

21

I had no choice this time round. Ironically, Nyar Alego does not believe a man who leaves a wife he is not happy with, violates her rights. A woman is supposed to run her family, if she cannot, her husband is not obliged to keep her. He can also marry a second wife to meet his needs, she explains. Although they live in poverty; a semipermanent single room house, with one reed chair and an old wooden bed covered with a thin mattress, Nyar Alego says, I am happy. Suffering is not new to her, but peace is. She moved out with her children because she did not trust either her husband or in-laws to nurture them. Ignorance of human rights, especially those relating to gender equality like in Nyar Alegos case, is just one of the challenges women face in achieving MDGs. The other barriers relate to easy access to services and better livelihoods. A 2005 report by the Economic Commission for Africa states that the number of people living in extreme poverty in Africa is still high. A majority of the poor population are women. This is because the woman bears societys burden, says Father Charles Crackman, the priest in charge of Nyamonye Catholic Church in Bondo District.

remarry after death or divorce, while the opposite is often the case with men, explains Fr. Crackman. According to the priest in his early 70s, the government may not achieve the MDGs if it does not involve women at the grass roots. I have never seen a more intelligent and hardworking lot than these women, he says. He points out five key differences in the way women, as opposed to government, ensure their community projects succeed. Women, he says, usually listen to the community members and allow them to decide on priority areas and projects. As a result, they allow the people to shape and manage activities of the project. Besides, women stick to societal values in whatever they do; focus on the overall goals; and are generally sensitive to their cultural context.

education, but their achievements are usually mind boggling," says the priest.

Money is not everything

Although economic growth is usually the more obvious indicator of societys development, a 2001 World Bank report states that social development is a prerequisite for economic development. This means human resource thrives in a country with integrated and equitable policies and practices. Ironically, this interface between social and economic development is the basis for the MDGs, yet most countries still choose to focus exclusively on economic growth. They neglect social development, which Fr. Crackman says has strong cultural practices, which enhance the self-confidence of community members, and boost their efforts and abilities. This in turn enhances economic activities and growth. Social development can also be interpreted as having a peaceful environment where women can concentrate on economic development as opposed to fire fighting challenging conflict situations. It means avoiding conditions that make the poor even poorer, as was the case during and after the 2007 general elections. Irresponsible politicking not only plunged the country into unrest, but also caused the economy to drop. The challenge of HIV/Aids also frustrates womens development efforts. The disease has entrenched itself so deeply into society, it is not only destroying human capital but also the economy. HIV results in longterm diseases that eat up resources during treatment and costly funerals, and results in an even greater burden of supporting orphans. Furthermore, managing the disease leaves communities little time to engage in developmental activities. Luckily, it is one of the goals on the MDG agenda. If achieved, it will ease another burden women have had to bear, that of nursing sick relatives and raising orphans.

Ignorance of human rights, especially those relating to gender equality like in Nyar Alegos case, is just one of the challenges women face in achieving MDGs
This is obviously contrary to governments way, which is central; involves experts; is very technical and often an imitation of what is being done in another context; focuses on short-term achievements; and is never sensitive to the peoples culture. There are many reasons women should be key in driving MDGs, says the priest who is also a community development expert. Focusing on goal number three of the MDGs, which aims to achieve gender equity and empowering women is important to overall societal development. Governments are expected to eliminate gender disparity in all levels of education, in wage employment in the non-agricultural sector and in national parliamentary seats. "If goal three could be achieved, Kenya's overall growth would soar within a very short period. I work with women who have little to no

Fr. Crackman has worked with various development groups in the district. He says projects initiated and run by women progress best because of womens dedication. On the other hand, he says, women in rural areas bear a heavier burden compared to men. Society consists of families, and a large number of members of a family are children. The upkeep of children tends to fall squarely on the shoulders of women, most of who are denied rights, even to own property, he explains. One of the reasons he thinks more women compared to men are poor is because women as opposed to men head more single-parent families. There are many reasons for this, including reluctance by women to

22 nuka!

Wife Inheritance Perpetuating the spread of HIV

By Patience Nyange

ollowing her husbands death in 1998, 34-year-old, Susan Acheing found out that she was HIV positive. My husband had died in a fatal road accident. Before his death we had accumulated great wealth in form of a massive piece of land and a cattle ranch. We also owned a number of properties, says Acheing. In Luo culture, when a married man passes away, his brothers, cousins or any other suitor chosen by village elders inherit the widow. Acheing was inherited by her brother-in-law. Soon after, she went to the local Voluntary Counselling and Testing Centre (VCT) to test for HIV. I found out I was HIV positive. I had often seen him (her brother-in-law) with other women from town, some believed to be prostitutes. I believe he infected me. I will never forgive my brother-in-law, she says wiping tears from her eyes. In a similar encounter, 29-year-old, Peris Omondi from Kisumu lost her husband to HIV/Aids in 2004. The HIV positive mother of two has resisted numerous attempts to be inherited by her brother-in-law. Peris is adamant that she does not want to infect anyone else. She says, her-in-laws have threatened to kill her, abduct her children and even warned that, she will be chased away from her homestead. They can do anything and everything to ensure you abide by their rules. In one instance, they took away my property and left the house empty. However, I will not bow down to their attempts, I will not be inherited. Wife inheritance is a common practice among many communities in Kenya. In Busia, which is in Western Kenya, the practice dictates that a member of the deceased husbands family inherits the widow. The rationale behind this practice is to secure the continuity of the family, more so for women within the childbearing age bracket. The man inherits all the property and the widow is obligated to provide him with conjugal rights. Wife inheritance was practiced in the olden days to secure the future of a widow and her children, as well as to take care of the land and property left by the deceased. To refuse inheritance meant going against the traditions and

could mean facing starvation and being driven from the community. Widows rely on inheritance to avoid extreme poverty; however in its modern form, men often seek to cheat widows out of land and property.

The HIV/Aids link

Statistics released by the National AIDS Control Council (NACC) show that Busia has the second highest prevalence of HIV/Aids in Kenya led by Meru and Kisumu districts. Wife inheritance is cited as a major determinant for the unbridled spread of HIV/Aids. When a HIV positive man dies, his HIV positive widow is inherited and she, automatically infects her inheritor, who goes on to infect his own wife. This problem is further compounded by the fact that in Luo community traditions, HIV/Aids does not exist. They believe in Chira, which is a curse that befalls people who are seen to have gone against the customs and traditions of society. To them Chira is not sexually transmitted as many people attempt to link it with HIV/Aids. The cursed, it is said, develop symptoms that are similar to full blown Aids. This has created a lot of confusion among members of the community. Different preventive measures have been put in place including VCT centres, distribution of information booklets and signs around town warning people on the dangers of HIV/Aids. However, the residents still find it difficult to discard this deep-rooted practice that is perpetuating the spread of HIV/Aids. More effort is needed to eliminate this harmful culture, by both government and non-governmental organizations. Although not empowered, women can help stop the spread of the disease by refusing to be inherited. They ought to know that the social structure of society has changed greatly. Whereas in the past they had to rely on relatives to ensure their daily livelihood, now they can sustain themselves by engaging in income generating activities, and even acquire their own property. Many civil society movements and non-governmental organizations support these activities.

Editors note Any widowed woman facing the threat of wife inheritance can approach any NGO operating in her area for further guidance and assistance. You can also drop a letter to AMWIK, through the contacts provided on the editorial page, and we shall connect you to people who can help. Together we can stop retrogressive practices.

January-June 2009

23

Some Facts on Womens Human Rights

uman rights are the basic standards without which a person cannot live in dignity. They are universal, inherent, inviolable and inalienable and every human being is entitled to them regardless of age, sex, gender, colour, race, religion, culture, nationality, creed, language, ethnic group, political beliefs or socio-economic class. Human rights can be grouped into three categories: civil and political rights; social, economic and cultural rights; and environmental and developmental rights. The Constitution of Kenya protects the rights of every individual citizen under the Bill of Rights. However, the current Constitution does not embrace all rights provided in the international law on human rights. It only embraces civil and political rights. This means that the constitution does not guarantee social, economic and cultural rights; environmental and developmental rights. Consequently, communities are ignorant about: their own human rights; the need to respect other peoples rights (this includes womens and childrens rights); how to demand their rights from the government; and how to hold the government accountable when need arises. This ignorance has led to regional imbalances and gaping differences between the rich and poor, as seen in the violence that nearly tore the country apart in the post 2007 general election. Violence against women tends to rise significantly in times of instability as seen in different countries such as Goma in the Democratic Republic of Congo, Somali and even in Kenya during the 20072008 poll triggered violence. Women and children get used as weapons of violence through horrendous gang rapes and defilement. Besides that, women

have to bear the heavy burden of nursing wounded warriors, as well as ensuring the stability of society by raising children and fending for familial needs. In Kenya, assessments have shown that women and girls in internally displaced persons (IDP) camps have been forced to trade their bodies to access basic needs such as food and security. For this reason, society needs to understand its human rights, especially womens human rights. This is because a healthy, strong and growing society is that which upholds its peoples rights. Besides that, it is impossible to demand rights you are not aware of. The Association of Media Women in Kenya (AMWIK) has therefore undertaken a twoyear programme that aims to promote womens human rights in Kenya. This will empower communities towards collective decision-making and action. A community gains empowerment through enhanced knowledge and skills to identify and prioritise its needs and problems, harness its resources to deal with the problems, and take action collectively, rather than being passive recipients of change; and women are important in taking these actions.

opportunities in, political and public life, as well as education, reproductive health, employment, family law, child care, and social security. While each of the human rights treaties and the whole of the human rights framework are essential for the realisation of women's full rights, countries like Kenya have a responsibility to stop abuses against women. This obligation can be summarised under the following three categories: Respect: The state has an obligation to respect women's human rights through its direct action, agents and structures of law. This means the constitution must recognise equality between women and men in all spheres; state or official actors must be held accountable when they perpetrate violence against women; and private actors who perpetrate violence against women must be prosecuted. Protection: The state has an obligation to protect women's human rights. This means governments must take all necessary measures to prevent individuals or groups from violating the rights of other individuals. As such, the state must take affirmative steps to prevent direct and indirect discrimination against women. Women must be fairly represented in government and have legal access to all forms of employment. Fulfilment: The state is also required to fulfil the human rights of women by ensuring opportunities for individuals to obtain what they need and to provide that which cannot be secured by personal effort. This obligation for women and men ranges from providing food, water, housing and education, to ensuring the conditions necessary for women's organisations to form and function.

CEDAW
Internationally, there are currently seven treaties of the United Nations (UN) aimed at protecting peoples rights. However, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is the main instrument for ensuring womens rights. It is also described as an international bill of rights for women. CEDAW provides the basis for realising equality between women and men through ensuring womens equal access to, and equal

24 nuka!

Wives and daughters have a right to inherit property too!

roperty inheritance has become a thorny issue in many societies. Most communities do not believe wives and daughters have equal rights to property as say, brothers and sons. According to Double Standards, a 2003 report by Human Rights Watch, Kenyan women constitute 80 per cent of the agricultural labour force and provide 60 per cent of farm income, yet own only 5 per cent of the land. Their rights to own, inherit, manage, and dispose of property are under constant attack from customs, laws, and individuals including government officials who believe that women cannot be trusted with or do not deserve property. The report further states that the devastating effects of property rights violations including poverty, disease, violence, and homelessness, harm women, their children, and Kenyas overall development. PATIENCE NYANGE sought views of Kenyans on the issue.

aughters need no right to own family property since in the long run; they will be married and cared for by their husbands. I have heard of a case in Nakuru where the Court ruled that a daughter be allowed to inherit her fathers property. To me it sounded more of a case of retribution, an aggressive case of settling scores with the men. Why would she want to inherit from her fathers home and her husbands as well? Family property should be entitled to husbands and sons. Abdi Mohammed, Machakos

his topic gives me shivers. As a man, what goes on in my mind is they (women) have taken my space at school and at the workplace as well. Now they want to take my property too?

The Bible doesnt consider wives or more correctly, widows, heirs of their husbands property. When the New Testament talks of husbands love your wives, I think it Ruth Brenda Otieno, Nairobi just states; take them the way they are, appreciate them, and treat them nicely. My argument is that women should inherit wealth out of love and not out of aggression. Men should not be compelled to share out their wealth with women. They should do so as an act of love, not a rule. In the worst case, I suggest that the state enforce statutes providing for a widows right to take a portion of her husbands estate, perhaps one-third. Daughters should rest their case. They should move on and be cared for by their husbands. Geoffrey Ngoroge Nzomo, Mombasa

ives and daughters have a right to inherit property. First, because children, boys or girls, are all equal and deserve equal treatment. Secondly, equal treatment encourages children to work hard and own their own property. Lastly, all children have equal rights and boys should not feel special compared to the girls in the family. This will stop the idea where women are sent packing when they only give birth to girls or their husbands go for mpango wa kando with the motive of looking for a baby boy elsewhere. In todays world, where equality is very fundamental, it should be promoted in every aspect of our everyday life.

eing a modern woman, I believe that wives and daughters have a right to inherit property. Gone are the days when men were viewed as the main family breadwinner. Presently, family support is an equally shared responsibility, and statistics have proved that the girl child ends up supporting her family more than the boy child. So if responsibilities are being shared, why not the family property? I strongly support that it should be 50/50 in everything. Clemence W. Mapenzi, Nairobi

Lucy Wamuyu Gikonyo, Central

wnership of property is linked to economic security, an important issue to both men and women. Land and housing ownership should be accessible to women in the same way they are accessible to men. According to a research by International Centre for Research on Women (ICRW, 2006), women property and inheritance rights are an essential ingredient in the fight against HIV/Aids. Increasing womens ownership and control of land gives them economic security. It protects women and their households from poverty and destitution. Their control over land and housing also gives them greater bargaining power, especially as collateral for loans during financial crisis. As such, it is of utmost importance to allow women and girls to share in the inheritance cake. Its important to push this agenda forward, all that is required is leadership and courage to call for changes.

January-June 2009

25

Thorny challenges Facing Women in Flower Farming

By Carol Kinyua Kenyas flower industry is the largest and oldest in Africa, producing over eight per cent of Kenyas annual export earnings. According to a Flower Farm case study by Learning Africa, Kenyas flower farms employ up to 50,000 workers and therefore indirectly supports hundreds of thousands of Kenyans. An estimated 65 per cent of these workers are women who also live on the farms. They are subjected to low wages and are not entitled to benefits. Women workers, the report states, are likely to lose their jobs if they become pregnant. In 2005, the Ethical Trading Initiative (ETI) released a report, Addressing Labour Practices on Kenyan Flower Farms. From their research, the ETI revealed that there is an abuse of a variety of labour rights taking place on a number of flower farms. In a 2002, survey of 120 women by a non-governmental organisation, Kenya Women Workers Organisation, the issues raised by workers include, low pay, inadequate housing, health and safety issues in regard to pesticide spraying, sexual harassment by supervisors, excessive overtime, lack of contracts, lack of maternity leave, and abusive supervisors, among others. of Kshs1200. The housing estate known to many as Kasarani A, B and C is located opposite one of the entrances to the farm. It holds approximately 6,000 workers, congestion that no by passer can miss. All families, including large ones such as Akinyis, are limited to a single room coupled with dilapidated toilets and limited water supply. Two doors away from Akinyi lives Wambui, a mother of one who also works at the farm. Wambui lives separate from her husband due to economic hardship. She has worked in the farms grading house for the last three years and earns a monthly salary of Kshs5200. She is often forced to work long hours, especially during the annual high season between February and June, with no overtime compensation. Recently she had to transfer her child to live with her parents. Being permanent employees, Akinyi and Pascaline earn Kshs.6000 per month. Casual workers earn Kshs150 daily. Akinyi, Pascaline and other colleagues are busy working in one of the green houses picking ready flowers for the grading section. There is intense heat in the green houses

A day in the flower farm

It is a beautiful Sunday morning. While others prepare to go to church, Mary Akinyi of Naivasha is preparing to go to work at a flower farm, a routine she has followed for the last eight years. Female workers dominate Kenyan flower farms. The mother of five prepares white porridge for her large family. Since her husband died, she has been unable to put three meals on the table every day. She is forced instead to prepare enough porridge to push her family throughout the day. Sometimes they sleep on empty stomachs. For a woman in her late 30s, it is hard to believe that Akinyis first child is 17 years old. He dropped out of school due to lack of school fees. His siblings are however still in school. Akinyi is one of the few lucky women who live in a workers housing estate put up by Sher Karuturi Management. Those who do not live in the housing estate, like her colleague Pascaline Mueni, have to rent houses in town. They get a monthly housing allowance

26 nuka!

Mary Akinyi PascalineMueni

but the workers have to endure the heat throughout the day, as no air conditioning facilities are installed. I cannot stop sweating in the heat, but Pascaline laughs saying that means I would die if I visited during another season as it is much cooler during this time of the year because of the rains. Pascaline has to work at the farm to feed her child as she has not found a better paying job elsewhere. She reports to work at 7 oclock, six days a week and leaves at 5PM, having enjoyed a one-hour break in the course of the day. Like other workers, Pascaline suffers from back strains and leg pains because of standing for long hours. The only protective clothing they have are dust coats and a pair of hand gloves. They do not have protective footwear or masks. This means the workers are exposed to dangerous chemicals lodged in the water that accumulates between the rows of flowers. They are also exposed to the risk of inhaling toxic chemicals, which emanate from the flowers when sprayed. Ironically, the sprayers, who are often men, are provided with protective gear, including gumboots, aprons, nose blocks and helmets to limit their exposure to chemicals. They also get an additional Kshs1400 as allowance for exposure to chemicals. One time Pascaline got in to direct contact with the sprayed chemicals and ended up with a large wound on her left hand. She shows me the

septic looking wound as she says, I am luckier, some of my colleagues have miscarried after inhaling the dangerous chemicals. Apart from the dangers of the chemicals, women who work in the cold room, the last process before the flowers are exported, are at risk of chest ailments due to the extremely low temperatures. Jacqueline, a security guard in her late 20s, works in the neighbouring Savanna International farm. The mother of three has been working in Naivasha for over two years, after walking out of an abusive marriage in 2006. Like other security guards in the area, Jacqueline has to work 12-hour shifts from six in the morning. She gets three to four days off from work every month. Because she is not entitled to a break, Jacqueline is forced to carry packed lunch from her home. Her Kshs6000 salary has made her dependent on loans. She is eligible to approximately Kshs20000 loans that are repayable in nine months. Her employer recently started deducting the National Hospital Insurance Fund (NHIF) and the National Social Security Fund (NSSF) from her pay slip, a positive move, but one which leaves her with less to live on. She has a housing allowance of Kshs396. Compared to her colleagues who are casual workers earning less than Kshs2000 per month, Jacqueline lives comfortably. Although she is entitled to health insurance, it does

not cover her dependants. From one worker to the next, the same story is repeated. These workers live like paupers, but work like donkeys. According to ETI, intermittent dialogue between NGOs, government and industry since 2000 has led to some improvement on the flower farms, in particular on health and safety issues. NGOs are however not yet satisfied with the progress. In a three-day conference held in Nairobi by stakeholders in May this year, the flower farm sector was accused of human rights abuses. Participants and research conducted by the Kenya Human Rights Commission (KHRC) revealed that workers were still paid as little as Kshs70 a day for an eight to 12-hour working day. Besides that, workers are housed in crowded facilities, can be dismissed at will, and often handle dangerous chemicals without proper protective gear. The Kenya Flower Council (KFC) chairman, Rod Evans told conference delegates that they have taken great pains to ensure that members follow the organisation's code of practice. He explained that members are audited regularly and that KFC offers its members health and safety, environmental, and other types of training. Failure to comply with the code of practice results in suspension of the member and withdrawal of accreditation and KFC branding. KFC represents 70 per cent of Kenya flower growers.

January-June 2009

27

Women rising up in self defence

enya has experienced an increasing level of insecurity, with attacks against women becoming more dumbfounding. Most city and rural villages have recently witnessed barbaric acts of violence against women, including the rape of old women and children. Whereas the police are in charge of security, they cannot monitor society at personal level, which calls for individual responsibility. This is perhaps the reason women are increasingly taking steps to learn self-defence. Elderly and young women know that their security lie in their own abilities, and are increasingly taking steps that would enhance their security. These steps include classes in various categories of martial arts. From the deepest parts of the slum of Korogocho to the more upmarket neighbourhood of Nairobi South, women are sweating it out to preempt any likely future attacks. The same scenario is replicated in several other places across the country, with more women than men taking up lessons in Karate, judo, assertiveness, boundary demarcation,

By Kamadi Kadenge trusting intuition, halting continuous assault and use of objects, among others. From 8 oclock, every weekday morning and on all Saturdays, young professional women mill in to a makeshift hall in the premises of Zahra Security Systems (ZSS), on Road C, off Entreprise Road in Industrial Area. These women sacrifice sleep and time to get self-defence skills for you never know says Sarah Macharia. When we meet her on this morning, Sarah appears upbeat although she has only had an hours sleep having worked until 4am the previous day. I had to wake up at 5am because the Karate lessons have become an important part of my life, says the holder of a Masters in Environment and Development Studies. Besides the self-defence skills, Sarah says Karate has given her a lot more benefits. I am particularly drawn to Karate because it is therapeutic, leaves my body quite refreshed and reinvigorated. I am

(L TO R): Sarah Macharia, Waeni Mutisya, Helen Akinyi, Beatrice Achieng, Judith Opiyo.

28 nuka!

usually ready to face the day with much energy after a practice session, she says. It simply recharges my body. The martial arts programme at ZSS began with a small team of staff, in September last year and has slowly gained popularity not only with staff but also outsiders. Modelled around a popular concept in the middle East, the programme was initiated for female staff to keep fit and acquire self defence tactics. ZSS is the first company in Kenya and Africa to train employees in martial arts, says Waeni Mutisya, the youthful general manager of the company. Staff train for an hour daily before embarking on duty. This helps us relax, but most importantly, fosters a sense of togetherness among workmates, which helps the company attain its corporate goals, says Waeni. The companys chairman, Kaizer Karimbhai, is a black belt in Karate, Judo and Aikaido, and gives the Karate lessons for free. He has also authored a fitness and martial arts book, Basic Self Defence and The Way To Fitness. The lessons have attracted an interesting mix of professionals. Judith Opiyo, an accountant, says,

Beatrice Achieng is taken through the paces during a practise session.

You never know who is looking over your shoulders. However, it is now comforting to know that I am prepared for any eventuality. I can take care of myself with the skills I have acquired in self-defence, says Judith. Besides that, accounting is a demanding job, but I am hardly stressed since starting karate classes. Not only are we keeping fit by learning Karate, but we are also having great fun, she adds.

A self defence programme in Korogocho

By Tabitha Onyinge ore than 40 kilometres away in Korogocho slum, Veronica Wanjiru endures a daily onehour long exercise regimen. Veronica took up karate after a near deadly experience with rapists. I am a mother of two children, one of whom I got following a gang rape two years ago at a notorious spot along Thika road, she explains as she kicks the air. She was walking home to Korogocho one early evening when about eight men accosted her, grabbed her mobile phone plus the little money she had, pushed her into a disused building and raped her in turns. They then left her for dead. I didnt know what to do so I never told anyone about the ordeal. But soon after she was pregnant and could not tell anyone who the father of the baby was. I simply did not know! Out of desperation she married a man with whom she had nothing in common. The man became abusive after a while and even taunted her about the rape. She left him. After she found out about the Im worth defending (IWD)

programme in her neighbourhood, Veronica has never looked back. She has gone through a physical training programme and also learnt verbal defence techniques, though at first I didnt think I would ever have the courage to use them even if rapists confronted me again. She was wrong. One evening, two years ago in December, Veronica was preparing supper for her children when three men stormed into her house and attempted to rape her. I struggled with them physically for sometime then remembered the skill of negotiation. I identified their leader and lied to him that I had secretly admired him for a long time and was glad I finally had the opportunity to have him. I told him to ask the other assailants to leave so I could sleep with him. Although appearing jealous at not being picked, his two accomplices reluctantly left the room and stood outside. Veronica started removing her clothes and asked her assailant to do the same because I suspected he was armed. She then prepared her bed, locked the door on his request and lay down waiting.

January-June 2009

29

out of the way, it would be best to let go as I did not know what kind of person I was dealing with and the kind of trouble he could get me into. That is humility and being smart enough that I do not have to win every argument. Self-defence instilled in me an ability to control myself and how I reacted to issues because I could not control how another person behaved. That is what selfdefence is about. It is not just fighting; it is determining and strategising on how to win in a healthy and safe way. Self-defence is knowing what you want to say, how you are going to say it, when and how to get out of a situation, when to self-protect and when to let it go. Many years later she worked in Korogocho slum and learnt that rape, incest, early forced marriages and domestic slavery were rife in the slum. She decided to put her self-defence skills into use to help women of Korogocho. Everything they needed to defend themselves, I could offer. I thus started teaching young girls self-defence skills and they loved it. The Cucus (grandmothers) rape ordeals were very intense and horrendous, some often gang-raped for six to eleven hours, and left dead. Gradually, women of all ages started showing interest in the programme. There were however many challenges. For instance, frail grandmothers could not muster physical strength to defend themselves. They are trained to use weapons of convenience. If they cannot raise their knees up to hit the attackers groin, they can use their walking cane. Women are trained from where they are, in their various physical conditions. Cucus are currently the biggest supporters of IWD, and have learnt how to fight physically and use verbal negotiation. The programme includes outreaches to schools, churches, community groups, among other institutions, and has trained over 40,000 women, girls and children in self-defence in the two years of its existence. About 18,000 boys have also undergone life-skills and sexuality training to learn, at an early age, to respect women. The programme is being extended to other areas including Mombasa, Kilimambogo, Naivasha and Meru, and wherever communities may extend invitation. The beauty of self-defence is that it opens a new world of options on what to do in common scenarios that we get entangled in daily. So it is not just fighting, it is being verbal, assertive and direct; it is walking down the street with all the assertiveness of knowing where you are going and looking like a bad victim. In other words, it is letting the would-be attacker know you are aware of them and will hit back if they try. The key is to make sure you send a direct signal to the would-be assailant not to play around with you because you are going to make trouble for them, says Sinclair.

Lee Sinclair founder of IWD

I was by then relaxed because I knew he had no weapon. I sent two quick and heavy karate chops on his erect manhood and testes (the most painful parts of a mans body), as he prepared to lie on top of me and he screamed loudly in pain. Soon after, Veronica was yelling at the top of her voice, fearing her attackers accomplices would break into the house to help him. They ran away and neighbours came to her rescue. They thoroughly beat the man whom they identified as a known criminal in the slums. The older, better established Im Worth Defending (IWD) programme in Korogocho slum has nothing unique or outstanding about its physical appearance. The office and gym has plastered mud blocks. The inside of the shelter is constantly abuzz with activity. The programmes founder, Lee Sinclair, is a writer and activist who lives in San Francisco, California, in the United States of America. She started martial arts because of personal reasons. I had a lot of anger as I was growing up. I courted trouble and never gave in during an argument or fight, even over simple things like car parking space or the pool table, until I won. Once a male bully spat on her face and she decided to take up martial art to become a stronger better fighter, but the training empowered her in ways she did not anticipate. I learnt that if somebody wanted me to move

30 nuka!

Women Entrepreneurs Driving Kenyas Economy

By Anjou Maina A few entrepreneurs can make a difference but when there are many of them and their number reaches a critical mass, a region or community simply takes off, state Bill Bolton and John Thompson in their book, Entrepreneurs, Talent, Temperament and Technique. Todays woman knows this too well. Just like her male counterparts, a female entrepreneur is interested in making a profit to fend for her family whether she has a partner or not. In doing so, many homes have been economically empowered because of the womans role in business. Entrepreneurship is the capacity and willingness to undertake conception, organisation, and management of a productive venture with all attendant risks, while seeking profit as a reward. When people embark on entrepreneurship, their first concern is the need for finance to buy the resources to either stock a shop, buy raw materials to produce or whatever resources they need to set up their business. Other aspects such as: premises, transport, staff, statutory levies and many others, are also incorporated. Finance is an important element in business, yet most Kenyan women cannot afford capital. Those investing in the Small and Medium Enterprise (SME) therefore form small groups with other women to enable them access funding for their projects from financial organisations such as the Kenya Women Finance Trust (KWFT). Most people wonder why money-lending institutions favour womens groups as opposed to individual female entrepreneurs. The institutions argument has been that enterprises owned by womens groups are more stable than those owned by individual women. This is because of a hidden view that sole ventures owned by women cannot succeed. This hurdle amounts to discrimination, where women as opposed to men, are viewed as unable to handle their own businesses. Many women have therefore shied away from securing group loans, which may curtail their independence and flexibility. As a result, despite the availability of capital funding from many sources, including banks, micro finance lenders, government funds, international organisations such as the World Bank, International Finance Corporation (IFC), among others, research has proved that women are the least funded. the International Finance Corporation Gender-Entrepreneurship Markets, Foreign Investment and Advisory Service, together with the World Bank, reveals the impact of womens entrepreneurship in Kenya. The report states that womens entrepreneurship is a crucial and unique component that is driving the economy of the country. The study found that Kenya could gain between 2 and 3.5 percentage points of Kenyas Gross Domestic Product (GDP), growth per year by addressing gender inequalities. Fourty-eight percent of all SMEs, which contribute about 20 per cent of GDP are women owned businesses. Out of 462,000 jobs created annually in Kenya since 2000, 445,000 have come from the informal sector where 85 per cent of womens businesses are found. Women account for 70 per cent of new business startups. One just needs to cast a glance in the shops, markets, the number of women booking airline tickets and see how women are establishing and managing their businesses to success. Because women are increasingly asking for independent entrepreneurship funds, many organisations now strive to fill in the gap. For example, Equity Bank has successfully launched different packages such as the Fanikisha concept that attracts different cadre of women entrepreneurs by providing loans from as little as Kshs.1000 to Kshs.10,000,000. Whereas governments effort in supporting women entrepreneurs is applaudable, it usually takes too long to materialise. When it does, the attached conditions make it further hinder deserving women from accessing funds. For instance, the recently initiated womens fund launched by the government has not been fully tapped in to. Women have complained of the inhibitive entrapments involved while others are simply not aware of its existence. There are many successful women entrepreneurs in Kenya, including; Dr. Eddah Gachukia of Riara Group of Schools; Eunice Mathu of Parents magazine; Mirigo Kinyanjui and Ruth Njeri of Incas Health International; among many others. These successful entrepreneurs say patience and discipline is all that is needed to establish a thriving business. Start small and work consistently towards a big goal. Set realistic but big goals, which ensure your growth, not being satisfied with minimum achievement, summarises Njeri of Incas.

The Gender and Economic Growth Assessment, a 2006 study by

January-June 2009

31

Living with albinism in Kenya

t is a warm Saturday afternoon. You are seated in the nursery, daydreaming about your unborn child. As you rise from the chair to get a drink, a wave of pain sweeps over your lower back and stomach, and in an instant your water breaks. Bags ready, you get into the car and rush to the hospital. You cross your fingers and praying everything will be fine as you head into the labour ward. Your contractions become more regular and the clinicians rally around you, urging you to push. With all the

By Murugi Murekio
strength, you have left; you push your baby into the world. As you lay exhausted, you hear your babys cries. Thank you God, you whisper. Suddenly the voices in the room become urgent whispers. Is it a mzungu? Move aside, I want to see it. What is it? I think it is an albino? Your heart skips a beat. You wonder what they are talking about. My baby an albino? You try to catch a glimpse of the baby, between the gaps of the gathering crowd of hospital staff. Let me see the albino. I have never seen an albino baby before, someone says. Struggling to keep the scream out of your voice, you say, Give me my baby. I want to see my baby. The stigma and ostracisation of people with albinism and parents of persons with albinism, begins at birth. When a pregnant woman goes for her antenatal clinic, the health care giver will discuss the possibility of having a child with HIV/Aids if one is positive, and other conditions such as Downs

32 nuka!

Syndrome. It surprises me that most are not told about the possibility of having a child with albinism, begins Mumbi Ngugi, a Managing Trustee of the Albinism Foundation of East Africa (AFEA). Though no exhaustive studies have been conducted to establish the prevalence of albinism in East Africa, estimates are at 1:5000 is born with Oculocutaneous Albinism (OCA), which is more prevalent in Africa.

of the dreadful experience she had in hospital. She did not want to be identified with that child because of the reactions from the medics in hospital. Many doctors do not also know how to explain to parents what the situation is. Ngugi, a person with albinism, says that there are two sorts of reactions people have when they meet her. People initially think I am white and are surprised when I speak in my mother tongue. Then there is the other lot that holds one in contempt. Either they feel, you are pretending to be white, or that this is something you brought on to yourself. The initial reaction is anger, but in time, it does not bother one as much. She is however bothered that young people with albinism are still growing up in an ignorant society. The problems I had as a child in the 60s and 70s should not be the same problems they are encountering 40 years later, she says. Often they grow up alone in a village, where nobody talks constructively about the condition. We have been running an essay competition for the children in different schools and one child wrote I am the only one in my village. I wish I could apply kiwi and become black like everyone else.

Central Kenya, where many children with albinism go. The children there learn in Braille though they are not blind. I know people in their 30s who taught themselves to read script. This is one of the major reasons they are cut off society. In November, the team went to the ACK Kitui Integrated School in Eastern Kenya. Here the blind children and those with albinism go to a regular school and are integrated with others. For me this was a better scenario. People get accustomed to people with albinism and the students with albinism learn how to socialise and interact with other people.

Albinism demystified
Albinism is a genetic condition characterised by lack of melanin in the skin, hair and eyes. It is associated with white hair, milky white skin and translucent irises. Melanin (what makes our hair, skin and eyes black) is essential as it provides protection from the damaging effects of ultra violet light. Due to the lack of pigmentation, persons with albinism are extremely sensitive to the sun. Without sunscreen, protection from the suns ultra violet rays, their skin burns very easily. Prolonged exposure can lead to skin cancer. When a woman gives birth to a child with albinism, she is often blamed for causing the condition, and is sometimes deserted by her male partner. Albinism is a genetically, inherited, condition. Both the mother and father must have the recessive gene for a child to be born with albinism, Ngugi explains. In every respect, people with albinism are like you and I, except that they do not have colour. They are not disabled, but society disables them by the way we treat them through use of derogatory terms such as albino. The correct term is albinism. We cannot work in the sun, however hardworking we are, without sun protection as our skin burns easily. We need to wear glasses, but we will never have perfect vision, she says.

Filling the gap

In 2008, Ngugi and nine others sort to fill this gap by establishing the Albinism foundation of East Africa (AFEA). AFEA is a charitable trust established in Kenya by people with albinism and their friends to reach out, assist and transform the lives of persons with albinism, particularly children. AFEA makes sunscreen, glasses, protective clothing and medical care available to those whose skin is adversely affected by the sun. They also try to eliminate the social exclusion and stigma people with albinism face. Our focus is the children with albinism, because once you have empowered a generation and educated the society, there is positive change all round. If you take a child and ensure they do not get skin damage through consistent use of sunscreen, they have proper eye glasses and a sound education in a supportive environment, you will have a self sustaining independent confident adult 20 years later, she says. AFEA wants to ensure that the children do not grow up to be poverty stricken, cancer stricken, timid people with low-self esteem. Ngugi however asserts that their doors are open to adults too. AFEA provides adults with sunscreen, hats and any other thing they require that is within the scope of AFEA. Currently, Ngugi says, many people with albinism in Kenya are living in desperate circumstances. Though

The huge gap

There has never been any concerted effort to establish the population of people living with albinism in East Africa and what their needs are. There is generally a lot of ignorance about albinism, even among people with the condition in society. Most of us are living in extremely resource poor settings and cannot afford sunscreen and glasses or have possibly never considered this. In addition, their existence is shrouded in superstition by society leading to sinister occurrences such as those in Tanzania. In September 2007, Ngugi together with friends decided to visit different parts of the country to make contact and create an understanding between them and other people with albinism. On October 20, the group visited Thika School for the Blind, located in

Hostile reactions
The stares, the pitying looks and whispered comments at birth begin a vicious cycle of isolation. A childs perception of him or herself starts with how the parents perceive him/ her, says Ngugi. A lady recently came to us saying she could not get out of the house with her child, because

January-June 2009

33

not all persons with albinism need assistance, Ngugi, who is an Advocate of the High Court in Kenya, says the majority need assistance right now, largely due to lack of employment. One of the things that people keep telling me when I tell them that we are raising funds to buy sunscreen for these children is Mumbi that is not sustainable, you cant help children to access sunscreen. To Ngugi if you do not help them to access sunscreen now, years from now you will be spending money on chemotherapy and radiotherapy for cancer. What is more affordable? If we help them to access sunscreen glasses, hats, education and acceptance now, we will have independent contributing members of society in future.

AFEA has had a lot of support from different players in different sectors in Kenya. We have managed to place two young girls in school. We have a mother with two little girls with albinism who we have also managed to take to school, she says. People are listening and responding. I am especially happy about those who have used sunscreen and discovered they do not need to be burnt again. It is life saving. I am very pleased, she says. Resources are still a major challenge for the foundation; AFEA is currently developing a strategic plan that will formalise their fundraising activities among other things. I see a situation where we have an educated society so that the ostracisation and isolation is reduced significantly, where parents and society understand the contribution of genetics to albinism so that children will not have to grow up in single parent households. Ngugi envisions a situation where policy makers in the area of education will have understood that having albinism does not make one blind. but that they can

be integrated into the regular school systems. I see a situation where employers understand that albinism does not make you less intelligent or less capable, so that we will find more people employed in the formal sector. I see a situation where policy makers in the health sector realise that for people with albinism, sunscreen is essential to us, the way they provide ARVs and mosquito treated nets. If they do not want to be providing us with cancer care, then they need to provide preventive measures like sunscreen from an early age, to protect us from getting skin cancer. AFEA believes that reaching people with albinism, educating the society and sensitising health and education policy makers will mark milestones in its activities. Our successes have been modest, but with time and commitment the possibilities are infinite. We hope that through such fora we will be able to get in touch with more people with albinism across Kenya, she concludes.

Drops in the Ocean

The foundation thus far, has generated a lot of hope and interest in the region. The Ministry of Youth has taken a person with albinism as an intern, and so has the National Bank of Kenya. We are bringing the consciousness about integrating people with albinism

almology

Although many persons with albinism have poor eyesight, most would have benefited had an ophthalmologist observed them before the age of seven and fitted them with appropriate prescription glasses with UV protection. People with albinism can be assisted with large type text, computers with large character display, high contrast written material, optic devices and copies of the teachers notes for close up reading. Ophthalmologist can also provide genetic counselling for the family. Emphasis should be put on regular ophthalmic check-up to monitor their visual development. Patients are usually shortsighted and glasses should be prescribed early to prevent other complications. Dr Prahba V Choksey, a trustee of AFEA offers free of cost ophthalmic services to people with albinism at her clinic in Nairobi. Tel: 3662724/3751453. Other ophthalmologists and optometrists are invited to join the campaign to ensure every person with albinism wears prescription glasses with UV protection. To donate send a cheque addressed to Albinism

Fact box

Foundation of East Africa P.O. Box 46906-00100, Nairobi Kenya. Or deposit it at Commercial Bank of Africa, Acc No: 0158525003, Mama Ngina Branch, Nairobi Kenya. Email: info.afea@gmail.com. Source: Consultant Ophthalmologist, Dr Prabha Choksey, Trustee AFEA.

Famous people with albinism Connie Chiu, photo model for Jean-Paul Gautier Salif Keita, Malian popular musician Corrie Al Beeno Moodie (also known as Prince Yellowman), Jamaican dancehall musician now living in Canada Darnell Swallow, contestant in the UKs Big Brother 9 UK (2008); noted for discussing albinism and his desire for acceptance with his on-show housemates, and wearing a jumper (sweater) with the words Dont Label Me. Respect Me

Source: Wikipedia.com

34 nuka!

Climate change posing new gender inequalities

By Yvonne Otieno
limate change is a shift in long-term weather patterns. When scientists talk about climate change, their concern is global warming caused by human activity. Global warming is an increase in the earths temperature, which causes climatic changes. Scientists say a warmer earth will lead to changes in rainfall patterns, a rise in sea level, and a wide range of effects on plants, wildlife and human beings. Higher temperatures mean that diseases, or their carriers, are able to move to areas that were previously too harsh for them to survive. Globally, there are likely to be extreme weather conditionsmore floods, more droughts and more storms. An increase in flooding will spread waterborne diseases like cholera, while droughts encourage white flies, locusts and rodents, all affecting food and water supply and health. In Kenya, malaria research scientists have confirmed increased incidence of fatal malaria in areas previously free of the killer disease due to climate change. A 2007 report by the Women Environment and Development Organization on Gender and Climate Change revealed that women, compared to men, are severely affected by climate change and natural disasters because of their social roles, discrimination and poverty. Even worse is their under-representation in decision-making forums about climate change, greenhouse gas emission, and most critically, discussions and decisions about adaptation and mitigation. The effects of climate change are multifaceted: social,

political and economic as well as environmental. By recognising that women are key agents of environmental transformation, we also counter the gender inequalities that render climate change devastating.

Rampant water shortage have been associated with cutting of trees in water towers

Poor women living in developing countries face even greater obstacles. Rural women are still largely responsible for securing food, water and energy. Drought, deforestation, and erratic rainfall cause them to work harder to secure these resources. In some areas, climate change generates resource shortage and unreliable job markets, which lead to increased male-out migration and more women left behind with additional agricultural and household duties. Lack of access to and control over natural resources, technologies and credit by poor women means that they have fewer resources to cope with seasonal and episodic weather and natural disasters. Consequently, traditional roles are reinforced, girls' education suffers, and women's ability to diversify their livelihoods (and therefore their capacity to access income-generating jobs) is diminished. Women, therefore, have less time to earn income, get an education, or provide care to families. Girls regularly drop out of school to help their mothers gather wood and water. In nearly all societies, women still

have unequal access to information and capital and less power to make decisions. During natural disasters, often more women than men die they have fewer assets than men to recover from natural disasters, and they often do not own land that can be sold to secure income in an emergency. Women also make up the majority of the worlds agricultural labourers and rely heavily on fertile land and regular rainfall. A shortage of natural resources can lead to conflict, and conflict amplifies existing gender inequalities. Shortfalls in seasonal rains have resulted in drought and economic distress that lead to a 50 per cent increase in the likelihood of civil war. While men are more likely to be killed or injured in fighting, women suffer greatly from the indirect consequences of conflict. In the Darfur region of Sudan, where desertification has plagued the land in recent decades, homes are often destroyed, campaigns of intimidation, rape or abduction are waged, and thousands of women and children are caught in the crossfire. The vast majority of the worlds refugees are women and children.

So what is being done?

Reduction of the effects of climate change needs a lot of political good will in order to have a lasting impact. However, global climate change negotiationincluding the United Nations Framework Convention on Climate Change (UNFCCC) and Kyoto Protocol--are narrowly focused on emissions reductions, rather than social impacts. Even the latest UN research from the report on climate change completely omits social or gender concerns. To date, only four out of the fourteen National Adaptation Plans of Action submitted to the global climate change convention specifically mention the importance of gender equality. The Millennium Development Goals (MDGs) set out global benchmarks on gender equality, poverty eradication, and environmental sustainability, although national reports have so far neglected to seriously address the linkages between these areas. Women want to be included in the agreement which is expected to be reached at the next round of climate talks, in Copenhagen. Many are working

to ensure that gender issues are incorporated in the climate agreement expected from Copenhagen to replace the present global climate treaty, the Kyoto Protocol.

What women want

The connection between gender equality and sustainable development is not new: in fact, every major global agreement on sustainable development acknowledges the importance of gender equality. National level action is especially important and government agencies and other stakeholders should ensure that gender equality is at the forefront of climate change initiatives by: Undertaking a gender analysis of national or local climate change policies, programmes and/or budgets. For example, examine how national adaptation or other climate change plans include or exclude gender equality. Ensuring that women participate in decisions related to climate change and have access to capacity building. For example, enhance opportunities for participation, education, and training.

Developing gender-sensitive indicators for governments to use in national reports to the UN Frame-work Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Clean Development Mechanism (CDM). Creating practical tools that allow gender equality to be incorporated in climate change initiatives.

About WEDO
Womens Environment and Development organisation contributes to global and national policy advocacy, capacity building and knowledge generation. WEDO are also founding members of the Global Gender and Climate Alliance (GGCA), a group of 25 UN agencies and international civil society organizations working together to ensure that climate change policies, decision-making processes, and initiatives at all levels are gender responsive.
Sources: Excerpts from this article obtained and used with permission from Changing the Climate why womens perspectives matter 2008. Produced by Womens Environment & Development Organization (WEDO) and call to Action on Gender and Climate Change to Governments and International Organizations Proposed by Global Gender and Climate Alliance*

Association of Media Women in Kenya (AMWIK) Wendy Court, Hse No. 6 David Osieli Rd., Off Waiyaki Way, Westlands P.O. Box 10327 00100 Nairobi, Kenya. Tel: 254 20 444 1226 Tel/Fax 254 20 444 1227 Mobile: 0722/0737 201958 E-mail: info@amwik.org Website: www.amwik.org