Examining Government and CSO Collaborations in Kenya

Examining Government and CSO Collaborations in Kenya Examining Government and CSO Collaborations in Kenya

13.07.2015 Views

Examining Government and CSOCollaborations in Kenya: A Study OfSelected Successful Case Stories: WhatCan We Learn?REPORT OF A STUDYCOMMISIONED BYAGA KHAN DEVELOPMENT PROGRAMME (KENYA)SUBMITTED BYPOVERTY ERADICATION NETWORK

<strong>Exam<strong>in</strong><strong>in</strong>g</strong> <strong>Government</strong> <strong>and</strong> <strong>CSO</strong><strong>Collaborations</strong> <strong>in</strong> <strong>Kenya</strong>: A Study OfSelected Successful Case Stories: WhatCan We Learn?REPORT OF A STUDYCOMMISIONED BYAGA KHAN DEVELOPMENT PROGRAMME (KENYA)SUBMITTED BYPOVERTY ERADICATION NETWORK


TABLE OF CONTENTSABBREVIATIONS AND ACRONYMS ........................................................................................... I1.0 EXECUTIVE SUMMARY ..........................................................................................................III2.1 BACKGROUND TO THE STUDY .......................................................................................................12.2 RATIONALE OF THE STUDY............................................................................................................12.3 OBJECTIVES OF THE STUDY ............................................................................................................22.4 STUDY PROCESS AND METHODOLOGY ..........................................................................................22.5 LIMITATIONS AND ASSUMPTIONS .................................................................................................33.1 THE SCOPE, NATURE AND HISTORY OF COLLABORATIONS STUDIED..........................................43.2 WHO INITIATES COLLABORATIONS? ............................................................................................53.3 DURATION OF COLLABORATIONS.................................................................................................63.4 WHY COLLABORATE? ...................................................................................................................73.5 FRAMEWORK FOR COLLABORATIONS ...........................................................................................84.0 ROLE PLAYED BY GOK AND <strong>CSO</strong>S IN THE COLLABORATIONS ..................................85.0 IMPACT OF COLLABORATIONS ...........................................................................................96.0 CHALLENGES FACED DURING COLLABORATIONS ....................................................147.0 LESSONS LEARNT...................................................................................................................178.0 RECOMMENDATIONS...........................................................................................................20SECTION 2: THE CASE STUDIES ................................................................................................21THE CASE STUDIES1. The case of Resource Projects <strong>Kenya</strong> (RPK) collaboration with GoK2. Learn<strong>in</strong>g from Legal Resources Foundation Trust (LRF) collaborations withGoK3. Amref’s collaboration with government <strong>and</strong> other <strong>CSO</strong>s <strong>in</strong> <strong>Kenya</strong>:4. How Nomadic Communities Trust (NCT) is collaborat<strong>in</strong>g with <strong>Government</strong> <strong>and</strong> other<strong>CSO</strong>s <strong>in</strong> Samburu district5. IFAD fronted collaboration with <strong>CSO</strong>s6. For the sake of a L<strong>and</strong> Policy for <strong>Kenya</strong>: the forced marriage between <strong>Kenya</strong> L<strong>and</strong>Alliance <strong>and</strong> the M<strong>in</strong>istry of L<strong>and</strong>s7. All for one, one for all: <strong>CSO</strong>s collaborations with the M<strong>in</strong>istry of Trade at WTOnegotiations8. Constructive Engagements: the case of PLAN <strong>Kenya</strong> <strong>in</strong> Kwale district9. Community Research <strong>in</strong> Environment <strong>and</strong> Development Initiatives (CREADIS): A casestudy of <strong>Government</strong>/NGO collaboration10. Provid<strong>in</strong>g a firm foundation: Homa Hills Community Development Programmescollaborations with the <strong>Government</strong> on Early Childhood Education


ABBREVIATIONS AND ACRONYMS<strong>CSO</strong>NGOGOKWTOMOUSEATINIKLARBAAKDNPENFGDFBOINGOAMREFLRFHHCDONCTRPKKPPPCAPsECDNEMACBOVCTADPDDC‘Maanisha’CACCsPLWHAsCCIDHMTCORPsVHTsPMTCTDLPOTSCDSGDDODFODWEDSDOMOHCivil Society OrganizationNon <strong>Government</strong>al Organization<strong>Government</strong> of <strong>Kenya</strong>World Trade OrganizationMemor<strong>and</strong>um of Underst<strong>and</strong><strong>in</strong>gSouthern <strong>and</strong> East African Trade Negotiations Institute<strong>Kenya</strong> L<strong>and</strong> AllianceRights Bases ApproachAga Khan Development NetworkPoverty Eradication NetworkFocused Group DiscussionsFaith Based OrganizationInternational Non <strong>Government</strong>al OrganizationAfrican Medical Research FoundationLegal Resources FoundationHoma Hills Community Development OrganizationNomadic Community TrustResource Projects <strong>Kenya</strong><strong>Kenya</strong> Prisons Paralegal ProjectCommunity Action PlansEarly Childhood DevelopmentNational Environmental Management AuthorityCommunity Based OrganizationsVoluntary Counsel<strong>in</strong>g <strong>and</strong> Test<strong>in</strong>gArea Development ProgrammeDistrict Development CommitteeGiv<strong>in</strong>g mean<strong>in</strong>g to lifeConstituent Aids Control CommitteesPeople Liv<strong>in</strong>g With HIV/AidsCross Cutt<strong>in</strong>g IssuesDistrict Health Management TeamCommunity Own Resource PersonsVillage Health CommitteesPrevention of Mother to Child TransmissionDistrict Livestock Promotion OfficerTeachers Service CommissionDistrict Steer<strong>in</strong>g GroupDistrict Development OfficerDistrict Forest OfficerDistrict Water Eng<strong>in</strong>eerDistrict Social Development OfficerMedical Officer of Healthi


DPHOCBHMISACCDCDFRLMFCKDAMKEPPCIGNARCMAIVCOCREADISInitiativesDistrict Public Health OfficerCommunity Based Health Management <strong>and</strong> Information SystemArt College of Design (California-USA)Constituency Development FundRural Levy Ma<strong>in</strong>tenance FundCentral <strong>Kenya</strong> Dry Area ProjectMt. <strong>Kenya</strong> East Pilot ProjectCommon Interest GroupNational Alliance Ra<strong>in</strong>bow CoalitionMultilateral Agreement on InvestmentsVolunteer Children’s OfficerCommunity Research <strong>in</strong> Environment <strong>and</strong> Developmentii


1.0 EXECUTIVE SUMMARYThis study covers collaborations between 10 Civil Society Organizations(<strong>CSO</strong>s) <strong>and</strong> a cross section of government l<strong>in</strong>e m<strong>in</strong>istries. Seven (7) of thecollaborations are localized at district level while three are national <strong>in</strong> naturewith two focus<strong>in</strong>g on policy formulation while another one focuses on<strong>in</strong>ternational trade relations with aspects of national policy formulation. It isevident that <strong>in</strong>deed, there are successful ongo<strong>in</strong>g collaborations betweengovernment <strong>and</strong> <strong>CSO</strong>s with a view to achievement of mutual objectives. In allthe collaborations studied, there is the recognition that both government <strong>and</strong><strong>CSO</strong>s aim at promot<strong>in</strong>g development <strong>and</strong> improv<strong>in</strong>g the quality of life of<strong>Kenya</strong>ns. Secondly, there is the acknowledgement that government <strong>and</strong> <strong>CSO</strong>shave certa<strong>in</strong> comparative advantages that they br<strong>in</strong>g on board - hence theneed for partnerships.Additionally, <strong>CSO</strong>s have the awareness that for their <strong>in</strong>terventions to besusta<strong>in</strong>able, they need to <strong>in</strong>volve the government s<strong>in</strong>ce most <strong>CSO</strong>programmes are project based <strong>and</strong> time bound while the GoK is there for thelong term. Related to the forego<strong>in</strong>g was the concurrence that delivery of basicservices <strong>and</strong> address<strong>in</strong>g poverty was, fundamentally, the responsibility of thegovernment <strong>and</strong> not <strong>CSO</strong>s’. <strong>CSO</strong>s only come <strong>in</strong> to augment the government’sefforts hence the need for collaborations.Those <strong>in</strong>terviewed generally agreed that the collaborations contributedtowards fulfillment of their objectives, missions <strong>and</strong> visions.One of the challenges raised by both government <strong>and</strong> <strong>CSO</strong>s dur<strong>in</strong>g the studywas the <strong>in</strong>adequate policy <strong>and</strong> legal framework to guide collaborations. Thistended to make collaborations fairly ad hoc <strong>and</strong> <strong>in</strong>formal <strong>and</strong> particularly atdistrict level, largely dependant on the goodwill <strong>and</strong> will<strong>in</strong>gness of <strong>in</strong>dividualofficers to engage <strong>in</strong> such collaborations. Further, government officers atdistrict level were <strong>in</strong> most <strong>in</strong>stances unwill<strong>in</strong>g to enter <strong>in</strong>to Memor<strong>and</strong>a ofUnderst<strong>and</strong><strong>in</strong>g with <strong>CSO</strong>s s<strong>in</strong>ce they argued that only Permanent Secretariescould commit the government to any k<strong>in</strong>d of agreement. It was <strong>in</strong>terest<strong>in</strong>g tonote that even high profile collaborations such as that between <strong>CSO</strong>s <strong>and</strong> theGoK <strong>in</strong> the negotiations for fair terms of trade at the World TradeOrganization (WTO) were not <strong>in</strong>stitutionalized <strong>and</strong> could theoretically beterm<strong>in</strong>ated at any time.Generally, the feel<strong>in</strong>g is that there was need for a comprehensive policyframework for <strong>CSO</strong>/GOK relations which would also provide a basis forspecific Memor<strong>and</strong>um of Underst<strong>and</strong><strong>in</strong>gs (MOUs) between GOK <strong>and</strong> <strong>CSO</strong>s atvarious levels. In the absence of such a framework it would appear thatiii


them to make the government <strong>and</strong> other service providers accountable <strong>and</strong>ensure it delivers effective <strong>and</strong> efficient services. The forego<strong>in</strong>g factors thenraise a fundamental concern as regards the philosophical underp<strong>in</strong>n<strong>in</strong>gs of<strong>CSO</strong>/GoK relations <strong>and</strong> most importantly weather GoK/<strong>CSO</strong> collaborations<strong>in</strong> <strong>Kenya</strong> constitute constructive engagements or an uneasy coexistence?vi


2.0 INTRODUCTION AND OVERVIEW2.1 Background to the studyThis study was commissioned by Aga Khan Development Network (AKDN) <strong>in</strong><strong>Kenya</strong> <strong>and</strong> undertaken by Poverty Eradication Network (PEN) through threeassociate consultants. The study, which covered 10 collaborations between the<strong>Government</strong> of <strong>Kenya</strong> (GoK) <strong>and</strong> Civil Society Organizations (<strong>CSO</strong>s) <strong>in</strong> variousparts of the country, was conducted between February <strong>and</strong> April 2007. The studyentailed conduct<strong>in</strong>g consultations <strong>and</strong> <strong>in</strong>terviews with a wide variety ofrespondents from government departments at various levels as well as <strong>CSO</strong>s’practitioners, with a view to document<strong>in</strong>g experiences, successes, challenges <strong>and</strong>lessons learnt dur<strong>in</strong>g these collaborations; <strong>and</strong> to build a case for <strong>in</strong>creasedsupport for such partnerships by all. The study also explores the possibility of<strong>in</strong>stitutionaliz<strong>in</strong>g such collaborations <strong>in</strong> government policy.2.2 Rationale of the studyMost development practitioners are <strong>in</strong> agreement that to a greater or lesser extentthe relationship between the government <strong>and</strong> <strong>CSO</strong>s <strong>in</strong> <strong>Kenya</strong>, as <strong>in</strong> many othercountries, is less than satisfactory: there are often attitud<strong>in</strong>al problems that get<strong>in</strong>to the way of a smooth <strong>and</strong> mutually supportive work<strong>in</strong>g relationships -sometimes due to oppressive laws <strong>and</strong> regulations that underm<strong>in</strong>e cordialcoexistence; <strong>and</strong> often due to reciprocated negative perceptions <strong>and</strong> prejudices.It is also widely acknowledged that most of these relationships change over time– becom<strong>in</strong>g better or worse due to a variety of factors – politics, <strong>in</strong>dividuals,development partners’ pressure, <strong>and</strong> experience of development problems.Despite the various doubts <strong>and</strong> misgiv<strong>in</strong>gs expressed powerfully by bothgovernment <strong>and</strong> <strong>CSO</strong>s about each other, there actually exists a strong body ofexperience of good collaboration between government <strong>and</strong> <strong>CSO</strong>s, but this hasnot been documented, recognized, built on <strong>and</strong> absorbed <strong>in</strong>to developmentpolicies. It is particularly recognized that the best examples of suchcollaborations are more likely to be found at the district <strong>and</strong> lower levels.This study is therefore designed to identify examples of good <strong>and</strong> mutuallyreward<strong>in</strong>g collaborations between government <strong>and</strong> <strong>CSO</strong>s, document the f<strong>in</strong>d<strong>in</strong>gs<strong>and</strong> demonstrate to development practitioners, government <strong>and</strong> the widercommunity the advantages that come with such collaborations; <strong>and</strong> seek to<strong>in</strong>fluence policy changes <strong>in</strong> government whereby <strong>CSO</strong>s are <strong>in</strong>volved <strong>in</strong> district,regional <strong>and</strong> national plann<strong>in</strong>g <strong>and</strong> implementation.1


2.3 Objectives of the studyThis study was designed to meet four specific objectives:1. To research <strong>and</strong> document, accord<strong>in</strong>g to a structured framework, examples ofgood <strong>and</strong> mutually reward<strong>in</strong>g collaborations between GoK <strong>and</strong> <strong>CSO</strong>s <strong>in</strong><strong>Kenya</strong>;2. To develop Case Studies on these collaborations; <strong>and</strong>3. To assess challenges, lessons learnt <strong>and</strong> make recommendations forstrengthen<strong>in</strong>g these collaborations2.4 Study process <strong>and</strong> methodologyThe study team used a wide range of methods <strong>and</strong> sources to gather the<strong>in</strong>formation. A comb<strong>in</strong>ation of open ended questions <strong>and</strong> checklists were useduniformly by all researchers. This method was preferred because it was easy tocompare <strong>and</strong> analyze responses from a large number of respondents. The teamalso used the semi-structured methods for its flexibility; <strong>and</strong> also to obta<strong>in</strong> fullunderst<strong>and</strong><strong>in</strong>g <strong>and</strong> impressions or experiences of the partnerships through key<strong>in</strong>formants; but also because the method collects a full range <strong>and</strong> <strong>in</strong>-depth<strong>in</strong>formation.Further, the team reviewed exist<strong>in</strong>g documentation on the collaborations; go<strong>in</strong>gthrough documents such as memor<strong>and</strong>a of underst<strong>and</strong><strong>in</strong>g, web literature, <strong>and</strong>partnership meet<strong>in</strong>g m<strong>in</strong>utes, partnership agreements <strong>and</strong> other documents. Thisenabled the team not only to collect valuable historical <strong>in</strong>formation but alsogather already exist<strong>in</strong>g <strong>in</strong>formation that was less prone to prejudices <strong>and</strong>mis<strong>in</strong>terpretation that is always likely <strong>in</strong> research work.Even more important the team used direct observation, where the participant’sbody language <strong>and</strong> remarks, as well as the environment were observed.Lastly, where appropriate, the team used Focused Groups Discussions (FGDs)with <strong>in</strong>dividuals to ga<strong>in</strong> <strong>in</strong>formation on their experiences of the partnership. Thismethod was seen as a reliable source of impressions that are shared by all, <strong>and</strong> asan efficient way of gett<strong>in</strong>g a broad range <strong>and</strong> depth of <strong>in</strong>formation.The process of the study entailed web research, list<strong>in</strong>g of GoK <strong>and</strong> <strong>CSO</strong><strong>Collaborations</strong> <strong>in</strong> the public doma<strong>in</strong> (more than 20 collaborations were listed forfurther scrut<strong>in</strong>y). Initial visits were made to relevant <strong>Government</strong> <strong>and</strong> <strong>CSO</strong>offices before 10 collaborations were eventually sampled for detailed study. Thesampl<strong>in</strong>g of the collaborations to study was based on their scope, geographicallocation, thematic emphasis <strong>and</strong> recommendations from various offices visited.Initial contacts with key people <strong>in</strong> these collaborations were made thoughtelephone <strong>and</strong> confirmed though emails. Interview dates <strong>and</strong> venues were setwith key people.2


After discussions with key respondents from the ma<strong>in</strong> collaborat<strong>in</strong>gorganization, further <strong>in</strong>terviews were conducted with other partners, who<strong>in</strong>cluded, as far as possible, the beneficiaries. The <strong>in</strong>formation collected thoughthis process was then distilled <strong>and</strong> analyzed by the study team <strong>in</strong>to this report.The report has two ma<strong>in</strong> parts: the <strong>in</strong>troductory part that captures the scope,process <strong>and</strong> key f<strong>in</strong>d<strong>in</strong>gs – <strong>in</strong>clud<strong>in</strong>g successes, challenges, <strong>and</strong> lessons learnt;<strong>and</strong> the second part that is largely an appendage of the actual case studies asthey were captured.2.5 Limitations <strong>and</strong> assumptions2.5.1 Assumptions:This Study is based on the assumption that there already exists mutuallyreward<strong>in</strong>g collaborations between government <strong>and</strong> <strong>CSO</strong>s <strong>in</strong> <strong>Kenya</strong>; that theresearch team is able to identify <strong>and</strong> study the very best of these collaborations;<strong>and</strong> that sampl<strong>in</strong>g just a few representative government <strong>and</strong> <strong>CSO</strong> partnershipswill suffice <strong>in</strong> build<strong>in</strong>g a generalized op<strong>in</strong>ion on collaborations. It is furtherassumed that there are still exist<strong>in</strong>g successful collaborations especially at thelocal (district <strong>and</strong> below) that have not been documented.Development practitioners are yet to agree on what constitutes <strong>CSO</strong>s. Soquestions abound as to whether or not Community Based Organizations (CBOs),Faith Based Organizations (FBOs), Self Groups, Non <strong>Government</strong>alOrganizations (NGOs), Networks, Trusts <strong>and</strong> Foundations, International Non<strong>Government</strong>al Organizations (INGOs), Welfare Associations, Clan group<strong>in</strong>gs<strong>and</strong> Political Parties constitute <strong>CSO</strong>s. All these questions are assumed <strong>in</strong> thestudy.A further assumption is that there was a common underst<strong>and</strong><strong>in</strong>g of thecollaboration <strong>and</strong> process <strong>in</strong>volved <strong>in</strong> enter<strong>in</strong>g <strong>in</strong>to these relationships.Despite the forego<strong>in</strong>g, the study <strong>in</strong>tends to discover what exist<strong>in</strong>g strongcollaborations between government <strong>and</strong> <strong>CSO</strong>s are, report the issues <strong>and</strong> sharewidely with different <strong>in</strong>terested partners.2.5.2 LimitationsThe study had the follow<strong>in</strong>g limitations:‣ The scope of the <strong>in</strong>terview was not extensive enough to capture the widestsection of the country or even the broadest range of collaborations. Assuch the study f<strong>in</strong>d<strong>in</strong>gs may not be fully representative.3


3.3 Duration of <strong>Collaborations</strong>While all the collaborations were ongo<strong>in</strong>g at the time of the study, they were<strong>in</strong>itiated at different times for different reasons. For <strong>in</strong>stance the collaborationbetween the <strong>CSO</strong>s <strong>and</strong> the M<strong>in</strong>istry of Trade can be traced to 1994 when thirdworld countries began to seriously question the skewed trade relationshipsbetween the North <strong>and</strong> the South. Oduor Ong’wen 3 , who was then work<strong>in</strong>g forECONEWs, takes credit for <strong>in</strong>itiat<strong>in</strong>g the collaboration although it is not until1998 that the collaboration took off <strong>in</strong> earnest when the then M<strong>in</strong>ister for TradeNicholas Biwott directed that <strong>CSO</strong>s be <strong>in</strong>cluded <strong>in</strong> the government team to theWorld Trade Organization (WTO) talks. The collaboration is ongo<strong>in</strong>g <strong>and</strong> shouldcont<strong>in</strong>ue <strong>in</strong> the foreseeable future.The collaboration between KLA <strong>and</strong> the M<strong>in</strong>istry of L<strong>and</strong> is centered on thedevelopment of a comprehensive l<strong>and</strong> policy for <strong>Kenya</strong> <strong>and</strong> a draft policy wascompleted <strong>in</strong> 2005. At the time of the <strong>in</strong>terview with KLA the government hadnot released a f<strong>in</strong>al draft, however, on April 19, 2007 the government released af<strong>in</strong>al draft of the policy <strong>and</strong> it is expected that National L<strong>and</strong> Policy Formulationprocess will end with a planned National Symposium from April 26-27, 2007.Effectively the collaborations between the KLA <strong>and</strong> the M<strong>in</strong>istry of Trade wouldprobably end then.The collaboration between MOH Samburu <strong>and</strong> Nomadic Community Trust - aCommunity Based Organization - is barely four years. It is aimed at deliver<strong>in</strong>ghealth care services to the underserved <strong>and</strong> <strong>in</strong>accessed people <strong>in</strong> the remotestparts of Samburu district <strong>and</strong> beyond us<strong>in</strong>g camel mobile 4 . Highly rated bypartners <strong>in</strong> the district for its services to the forgotten people, the CBO hasconsistently received support from MOH <strong>in</strong> terms of drugs, technical support<strong>and</strong> other reproductive health materials.The government <strong>and</strong> IFAD supported GOK <strong>and</strong> <strong>CSO</strong>s collaborations <strong>in</strong> Nyeri<strong>and</strong> Embu (treated as one case <strong>in</strong> this study) are seven <strong>and</strong> three yearsrespectively. These are pilot projects aimed at deliver<strong>in</strong>g susta<strong>in</strong>abledevelopment to the people though participatory approaches, build<strong>in</strong>gpartnerships <strong>and</strong> shar<strong>in</strong>g cost of implementation; where the government, donors<strong>and</strong> the community have def<strong>in</strong>ed contributions to make <strong>and</strong> these are factored<strong>in</strong>to the plans 5 <strong>and</strong> budgets.In the case of the <strong>Kenya</strong> Prisons Paralegal Project (KPPP), it was the LegalResources Foundation (LRF) that brought together a team of civil society3 Oduor Ong’wen is a lead<strong>in</strong>g <strong>CSO</strong> activist on fair Trade <strong>and</strong> former chairman of National Council ofNGOs <strong>in</strong> <strong>Kenya</strong>4 Refer to the case study on Nomadic Community Trust5 Plans are based on Community Action Plans (CAPs)6


organizations with the mutual goal of promot<strong>in</strong>g access to justice. In 2003, thethen Prison’s Commissioner declared that Prisons needed to be opened up. LRF<strong>and</strong> its team considered this to be a ripe moment <strong>and</strong> immediately soughtcollaboration with government agencies <strong>in</strong> the justice system. They felt at thattime, that s<strong>in</strong>ce several leaders of civil society had jo<strong>in</strong>ed government, muchcould be achieved <strong>in</strong> terms of reform. Nevertheless, the parties drew up an entireprogram based on goodwill – to ensure that access to prisons would cont<strong>in</strong>ue tobe guaranteed.The other partnerships between Plan <strong>Kenya</strong>, Homa Hills <strong>and</strong> Resource Projects<strong>Kenya</strong> <strong>and</strong> the government are over 10 years old <strong>and</strong> it is anticipated that theywill cont<strong>in</strong>ue for as along as the <strong>CSO</strong>s cont<strong>in</strong>ue to operate <strong>in</strong> their current areasof operation deliver<strong>in</strong>g the same services.3.4 Why Collaborate?When asked why they engaged <strong>in</strong> collaborations, those consulted gave thefollow<strong>in</strong>g responses:‣ GoK has the technical capacity <strong>and</strong> the m<strong>and</strong>ate of the <strong>Kenya</strong>n people,<strong>and</strong> it is the custodian of policy;‣ GoK has technical staff but not enough f<strong>in</strong>ancial resources; <strong>CSO</strong>s cancomplement government efforts <strong>and</strong> <strong>in</strong> the end contribute to improvedquality of service delivery;‣ <strong>CSO</strong>s are more flexible <strong>and</strong> able to consult <strong>and</strong> get immediate feedback tomake decisions thereby lead<strong>in</strong>g to faster implementation of projects <strong>and</strong>delivery of services;‣ To alert the government on issues that would affect <strong>Kenya</strong>ns particularlythe poor people who would be adversely affected by the commitmentsthey make through <strong>in</strong>ternational agreements;‣ To make the GoK realize that while it might not have sufficient capacityparticularly technical capacity, the sector could help mobilize suchsupport both locally <strong>and</strong> <strong>in</strong>ternationally;‣ To enhance coverage;‣ For Susta<strong>in</strong>ability <strong>and</strong> to ensure cont<strong>in</strong>uity s<strong>in</strong>ce most <strong>CSO</strong>s work withcommunities for a limited period <strong>and</strong> ma<strong>in</strong>ly subject to donor fund<strong>in</strong>gwhile GoK departments are always there;‣ GoK does not have adequate resources on its own to deliver sufficientlybasic services with<strong>in</strong> specific areas; <strong>and</strong>‣ It is not the m<strong>and</strong>ate of <strong>CSO</strong>s to provide basic services such as health oreducation; it is the obligation of the government to provide this.<strong>Government</strong> owns the responsibility so it can not be left beh<strong>in</strong>d. <strong>CSO</strong>sonly come <strong>in</strong> to complement the government.7


3.5 Framework for <strong>Collaborations</strong>One of the issues raised by both government <strong>and</strong> <strong>CSO</strong>s dur<strong>in</strong>g the study was the<strong>in</strong>adequate policy <strong>and</strong> legal framework to guide collaborations. This then tendedto make collaborations fairly ad hoc <strong>and</strong> <strong>in</strong>formal <strong>and</strong> particularly at districtlevel, largely dependent on the goodwill <strong>and</strong> will<strong>in</strong>gness of <strong>in</strong>dividual officers toengage <strong>in</strong> such collaborations. Further, government officers at district level were<strong>in</strong> most <strong>in</strong>stances unwill<strong>in</strong>g to enter <strong>in</strong>to any k<strong>in</strong>d of Memor<strong>and</strong>a ofUnderst<strong>and</strong><strong>in</strong>g with <strong>CSO</strong>s s<strong>in</strong>ce they argued that only Permanent Secretariescould commit the government to any k<strong>in</strong>d of agreement.Nonetheless, Plan <strong>Kenya</strong> for <strong>in</strong>stance had entered <strong>in</strong>to a Country Agreementwith the <strong>Kenya</strong>n government <strong>in</strong> 1982 that spells out the roles <strong>and</strong> obligations ofthe two parties.KLA on the other h<strong>and</strong> had developed a Conceptual paper with the governmentto guide the formulation of the National L<strong>and</strong> policy. In KLA’s case, they wereemphatic that the Conceptual paper had been critical <strong>in</strong> ensur<strong>in</strong>g that thegovernment did not renege on its obligations <strong>and</strong> <strong>in</strong> the words of LumumbaOdenda the National Coord<strong>in</strong>ator of KLA: ‘rema<strong>in</strong>ed on track”. In the case ofResource Projects <strong>Kenya</strong> the Environmental Coord<strong>in</strong>ation Act 1999 provided forthe <strong>in</strong>volvement of a specific number of <strong>CSO</strong>s. They were nom<strong>in</strong>ated toparticipate at district level subsequently gazzetted.In the case of AMREF’s Busia Child Survival project, the project had signed aMemor<strong>and</strong>um with Busia MOH spell<strong>in</strong>g the roles <strong>and</strong> responsibilities of each,while AKDN’s ECD programme operates under the ECD policy, developed <strong>in</strong>2007, which provides guidel<strong>in</strong>es on how partners could collaborate.Generally, however, the feel<strong>in</strong>g was that there was need for a comprehensivepolicy framework for <strong>CSO</strong>/GOK partnerships that would also provide a basisfor specific MOUs between GOK <strong>and</strong> <strong>CSO</strong>s at various levels.4.0 ROLE PLAYED BY GOK AND <strong>CSO</strong>s IN THE COLLABORATIONSFrom the study it emerged that particularly at district level, NGOs ma<strong>in</strong>lyprovided f<strong>in</strong>ancial <strong>and</strong> material support while the government providedtechnical support. In some <strong>in</strong>stances where the government was short staffed,<strong>CSO</strong>s provided the personnel. This was evident <strong>in</strong> Samburu district for <strong>in</strong>stancewhere the National Environmental Management Authority (NEMA) used thestaff of RPK to enhance their outreach s<strong>in</strong>ce they only had one staff member tocover the whole district. In Kwale district as well, the Children’s Office used staffof Plan International to broaden their outreach due to limited staff - only two.But it also emerged that <strong>in</strong> some <strong>in</strong>stances, like <strong>in</strong> the case of Nomadic8


Community Trust <strong>in</strong> Samburu, the government provided material support –such as drugs, nets, reproductive health materials – to be taken to very remoteareas of the district only accessible by the CBO; while under the IFAD supportedpartnership, the government funded an agreed proportion of the total budget.Overwhelm<strong>in</strong>gly, however, collaborations studied at district level <strong>in</strong>volved <strong>CSO</strong>sprovid<strong>in</strong>g support <strong>in</strong> terms of f<strong>in</strong>ances <strong>and</strong> materials <strong>and</strong> even transport whilethe government provided technical support <strong>in</strong> terms of tra<strong>in</strong><strong>in</strong>g <strong>and</strong> design ofprojects. NGOs were also heavily <strong>in</strong>volved <strong>in</strong> community mobilization where itwas felt they had a dist<strong>in</strong>ct advantageHowever, at the national level, <strong>CSO</strong>s were <strong>in</strong>volved <strong>in</strong> provid<strong>in</strong>g technicalsupport as well as policy formulation. In the case of the KLA <strong>and</strong> M<strong>in</strong>istry ofl<strong>and</strong> collaboration, the former ma<strong>in</strong>ly engaged <strong>in</strong> stakeholder mobilization <strong>and</strong>provision of technical <strong>in</strong>puts <strong>in</strong> the formulation of the policy due to their wideexpertise <strong>in</strong> the area. Indeed, at some stage KLA was of the op<strong>in</strong>ion that thegovernment should fund their activities because they were <strong>in</strong>volved <strong>in</strong> anexercise of national import. In the case of the M<strong>in</strong>istry of Trade <strong>and</strong> <strong>CSO</strong>s, thelatter were <strong>in</strong>volved <strong>in</strong> both provid<strong>in</strong>g technical <strong>and</strong> f<strong>in</strong>ancial support to thegovernment. The government ma<strong>in</strong>ly played the role of <strong>in</strong>volv<strong>in</strong>g the <strong>CSO</strong>s <strong>in</strong>decision mak<strong>in</strong>g regard<strong>in</strong>g <strong>Kenya</strong>’s position at the WTO <strong>and</strong> <strong>in</strong> accredit<strong>in</strong>g <strong>CSO</strong>representatives to be part of the official <strong>Kenya</strong>n delegation to the talks.5.0 IMPACT OF COLLABORATIONSThe cases surveyed demonstrated various levels of impact.5.1 Strengthen<strong>in</strong>g GoK capacity to negotiate on behalf of <strong>Kenya</strong>ns for fair tradepolicies <strong>in</strong>ternationallyAccord<strong>in</strong>g to SEATINI, <strong>CSO</strong>s sought to collaborate with the government <strong>in</strong> theWorld Trade Organization negotiations for two ma<strong>in</strong> reasons: firstly, to alert thegovernment on issues that would affect <strong>Kenya</strong>ns particularly the poor peoplewho would be adversely affected by the commitments they made throughagreements at the WTO <strong>and</strong> secondly, to make the GoK realize that while itmight not have sufficient capacity particularly human resources to negotiateeffectively at the WTO, the <strong>CSO</strong> sector could help mobilize such support not onlyas part of the governments delegation, but also as <strong>CSO</strong>s work<strong>in</strong>g with other<strong>CSO</strong>s even from those countries which sought to take advantage of Africancountries through skewed trade agreementsBoth ActionAid International <strong>Kenya</strong> <strong>and</strong> SEATINI po<strong>in</strong>t to the stall<strong>in</strong>g of theWTO talks <strong>in</strong> Seattle, USA <strong>in</strong> 1999 as a significant impact of their collaborations,9


challenge by <strong>CSO</strong>s elsewhere <strong>in</strong> this report. Nonetheless, due to this realizationthe Committee has, accord<strong>in</strong>g to ActionAid, asked the M<strong>in</strong>istry of Agriculture toreview the Strategy <strong>and</strong> the M<strong>in</strong>istry is currently putt<strong>in</strong>g <strong>in</strong> place modalities fordo<strong>in</strong>g the same.5.2 Creat<strong>in</strong>g synergies for effective service deliveryIn Samburu, RPK <strong>and</strong> the government departments tend to perceive their impact<strong>in</strong> terms of the manner <strong>in</strong> which they have used their comparative advantages toexp<strong>and</strong> their reach, empower communities <strong>and</strong> improve service delivery. Whatwas evident <strong>in</strong> Samburu was that the government departments had the technicalresources but <strong>in</strong> many <strong>in</strong>stances lacked adequate material <strong>and</strong> f<strong>in</strong>ancialresources. At the same time government departments tended to be relativelyweak <strong>in</strong> community mobilization. On the other h<strong>and</strong> there was an overallrecognition that government could provide the legal <strong>and</strong> policy support toenable the work of <strong>CSO</strong>s such as RPK.By play<strong>in</strong>g to their collective strengths, RPK <strong>and</strong> GOK <strong>in</strong>stitutions <strong>in</strong> Samburuhave been able to realize notable successes. Communities <strong>in</strong> the outly<strong>in</strong>g areasnow have access to veter<strong>in</strong>ary services <strong>and</strong> drugs due to the tra<strong>in</strong><strong>in</strong>g <strong>and</strong>equipp<strong>in</strong>g of Community based service providers. Further, beekeep<strong>in</strong>g is fastbecom<strong>in</strong>g an important source of livelihoods due to the tra<strong>in</strong><strong>in</strong>g of local farmers<strong>in</strong> modern bee keep<strong>in</strong>g methods <strong>and</strong> ongo<strong>in</strong>g technical support from the DistrictLivestock Promotion Office.On the other h<strong>and</strong> a jo<strong>in</strong>t collaboration between the RPK, the Prov<strong>in</strong>cialAdm<strong>in</strong>istration, the Police department, Forestry Department <strong>and</strong> the NEMA hasempowered communities to take the <strong>in</strong>itiative <strong>in</strong> the conservation of naturalresources <strong>and</strong> environmental protection. Community based EnvironmentConservation Committees are currently provided with letters empower<strong>in</strong>g themto arrest those whose actions are a threat to the environment <strong>and</strong> the susta<strong>in</strong>ableuse of natural resources. Due to this empowerment communities feel they areable to even challenge government officials if they feel their actions are a dangerto the environment <strong>and</strong> the preservation of natural resources. Accord<strong>in</strong>g to theDistrict Forest Office, collaborations have assisted <strong>in</strong> enhanc<strong>in</strong>g forest cover <strong>and</strong>forest conservation as well as ensur<strong>in</strong>g <strong>in</strong>creased outreach by the government.The forego<strong>in</strong>g have been possible through provision of transport by RPK as wellas the activities of the Community Environment Conservation CommitteesOn a different front, Resource Project <strong>Kenya</strong> has been gazzetted through the AridL<strong>and</strong>s Programme to jo<strong>in</strong> the District Steer<strong>in</strong>g Committee which plays asignificant role <strong>in</strong> environmental conservation at district level. This has <strong>in</strong> turnenabled RPK to enjoy more <strong>in</strong>fluence <strong>in</strong> shap<strong>in</strong>g the direction of environmental<strong>and</strong> agricultural <strong>in</strong>terventions at district level. They have also been able to11


articulate community issues more effectively s<strong>in</strong>ce the gazzetment has <strong>in</strong> effectgiven them legal recognition.At the same time, NCT – a Community Based Organization with activities <strong>in</strong>Samburu district <strong>and</strong> beyond – has been enabled by MOH through support withdrugs, treated nets, reproductive health materials <strong>and</strong> technical assistance tomaximize on its unique approach of us<strong>in</strong>g camels to reach the remotest parts ofthe district where, <strong>in</strong> the words of NCT’s Programmer officer, Ms Rose Kimanzi,‘no one else dreams of go<strong>in</strong>g’. Thanks to the activities of the CBO, healthmessages <strong>and</strong> treatment have been taken to the underserved, while mobile VCTservices <strong>and</strong> advocacy aga<strong>in</strong>st Female Genital Mutilation have been <strong>in</strong>tensified.Their unique model of ‘mobile camels’ has raised global <strong>in</strong>terest.5.3 Enhancement of constructive engagementsPlan <strong>Kenya</strong> st<strong>and</strong>s out as a <strong>CSO</strong> that has reached an outst<strong>and</strong><strong>in</strong>g rapport withgovernment. Salim Mvurya of Plan <strong>Kenya</strong>’s Kwale Area DevelopmentProgramme (ADP), believes that the cordial relation it has with government isbased on its moderate <strong>and</strong> non confrontational approach as well as credibilityborne out of their ability to deliver on their commitments. He considers theannual conference between Plan <strong>and</strong> District Commissioners from all thedistricts that Plan operates <strong>in</strong> as one of the organizations most significantsuccesses <strong>in</strong> its relationship with government. Dur<strong>in</strong>g the conference Plan <strong>and</strong>the Prov<strong>in</strong>cial Adm<strong>in</strong>istration review the state of their collaboration with a viewto strengthen<strong>in</strong>g it. It is a mark of Plans favoured status <strong>in</strong> government circlesthat it sits <strong>in</strong> the District Executive Committee which is the executive arm of itsDDC, a privilege that no other <strong>CSO</strong> has. Generally speak<strong>in</strong>g, Plan is recognizedas a major stakeholder by government departments <strong>in</strong> all their districts ofoperation.A key dividend accru<strong>in</strong>g from Plans collaborations with government has beenthe improved service delivery <strong>and</strong> enhanced outreach particularly <strong>in</strong> the deliveryof health <strong>and</strong> child rights services. Immunization coverage, for <strong>in</strong>stance has<strong>in</strong>creased <strong>in</strong> Kwale district. The District Health Office further confirms that dueto Plans rehabilitation <strong>and</strong> equipp<strong>in</strong>g of health cl<strong>in</strong>ics, members of the public cannow access improved health services <strong>in</strong> Kwale district.Plan’s support to the Children’s Department has ensured that public awarenesson Children’s rights has reached an unprecedented high (as evidenced by the<strong>in</strong>crease <strong>in</strong> reported cases of rights violations). Indeed it was found necessary totra<strong>in</strong> the local police on children’s rights <strong>in</strong> order to br<strong>in</strong>g them at par withpublic’s level of awareness. Further, as a direct result of the partnership twopolice stations <strong>in</strong> the district have established Children’s Desks. The departmentis however emphatic that with only two staff, the Children’s Office would never12


have reached the current high level of success. Accord<strong>in</strong>g to the Children’sDepartment fact that all key stakeholders <strong>in</strong>clud<strong>in</strong>g teachers <strong>and</strong> the Prov<strong>in</strong>cialAdm<strong>in</strong>istration have been reached through the Plan/Children’s Departmentpartnership is an <strong>in</strong>dication of success.The impact of AMREF’s ‘Maanisha’ Lake Victoria Bas<strong>in</strong> Project <strong>in</strong> fight<strong>in</strong>gHIV/Aids has been well documented 6 . In collaboration with the MOH, localConstituency Aids Control Committees (CACCs), Prov<strong>in</strong>cial Adm<strong>in</strong>istration <strong>and</strong>other <strong>CSO</strong>s, the programme has <strong>in</strong>itiated <strong>and</strong> implemented strategies for fight<strong>in</strong>gHIV/Aids <strong>in</strong> a holistic manner, recogniz<strong>in</strong>g that AIDs is as much a medical aswell as a socio-economic issue. The programme has adopted an approach ofaddress<strong>in</strong>g the Cross Cutt<strong>in</strong>g Issues (CCIs) around Aids – social, cultural,economic, attitud<strong>in</strong>al, <strong>and</strong> policy etc. This has enabled many Persons Liv<strong>in</strong>gWith HIV/Aids (PLWHAs) to access drugs, practice safe sex, lead healthy lives;<strong>and</strong> engage <strong>in</strong> ga<strong>in</strong>ful economic activities as well as reduce the rate of new<strong>in</strong>fections.On the other h<strong>and</strong>, AMREF has, through its Busia Child Survival Project 7 ,managed to <strong>in</strong>itiate <strong>and</strong> build the capacity of the Busia District HealthManagement Team (DHMT) br<strong>in</strong>g<strong>in</strong>g together all heads of departments <strong>in</strong> BusiaHospital, various departmental heads from other m<strong>in</strong>istries, all other healthbased organizations <strong>in</strong> the district <strong>and</strong> community representatives. This team isresponsible for plann<strong>in</strong>g <strong>and</strong> implement<strong>in</strong>g all health issues <strong>in</strong> the district; <strong>and</strong>each partner has clear commitment, roles <strong>and</strong> responsibilities <strong>in</strong> thecollaboration. The system relies on a well def<strong>in</strong>ed <strong>in</strong>formation flow <strong>and</strong> datacollection right from the community through Community Own Resource Persons(CORPs), Village Health Committees (VHTs), to the Dispensaries, HealthCentres, Sub district <strong>and</strong> Mission Hospitals to the management team <strong>and</strong> back.This collaboration has <strong>in</strong>creased coverage of health activities, reduced <strong>in</strong>fant <strong>and</strong>maternal mortality, Prevention of Mother To Child Transmission (PMTCT, <strong>and</strong><strong>in</strong>creased immunization coverage. This model has attracted the attention of theBill Gates Foundation which is consider<strong>in</strong>g replicat<strong>in</strong>g it <strong>in</strong> other districts.5.4 Increas<strong>in</strong>g participation of public <strong>in</strong> policy developmentThe <strong>Kenya</strong> L<strong>and</strong> Alliances partnership with the M<strong>in</strong>istry of L<strong>and</strong>s have been<strong>in</strong>volved <strong>in</strong> a collaboration aimed at ensur<strong>in</strong>g that <strong>Kenya</strong> at last has a forwardlook<strong>in</strong>g draft l<strong>and</strong> policy. However their sometimes tumultuous relationship<strong>in</strong>vites an analogy to that of parties <strong>in</strong> a difficult marriage. The focus ondeliver<strong>in</strong>g a draft policy to <strong>Kenya</strong>ns then became the child <strong>in</strong> a relationship <strong>in</strong>which the ma<strong>in</strong> parties did not always see eye to eye, <strong>and</strong> the Conceptual Paperthat guided the policy development process became the marriage certificate that6 Refer to case study on ‘Maanisha’ Programme7 Refer to report on Busia Child Survival Project13


constantly rem<strong>in</strong>ded them of their marriage vows <strong>and</strong> obligations <strong>and</strong> kept themon track.The <strong>in</strong>volvement of <strong>CSO</strong>s <strong>in</strong> the policy development process provided muchneeded legitimacy to the process s<strong>in</strong>ce the <strong>CSO</strong>s were able to mobilize broadparticipation <strong>and</strong> br<strong>in</strong>g on board the views of grassroots communities <strong>in</strong>clud<strong>in</strong>gthe poor <strong>and</strong> marg<strong>in</strong>alized on the l<strong>and</strong> question. Consequently, the developmentof the l<strong>and</strong> policy has showed that policy development is not the remit ofgovernment but a public exercise. In this context then the success of thecollaboration with government can not only be perceived <strong>in</strong> the f<strong>in</strong>al product,but rather <strong>in</strong> the process <strong>and</strong> the precedence it sets for future policy developmentprocesses <strong>in</strong> <strong>Kenya</strong>. As a result of the participatory nature of the l<strong>and</strong> policyformulation process, other government departments have borrowed a leaf bytry<strong>in</strong>g to ensure broad participation <strong>in</strong> their own processes even if public<strong>in</strong>volvement has not always been as comprehensive as <strong>in</strong> the l<strong>and</strong> policy process.It is important to note that at the time of writ<strong>in</strong>g this report, the government hadpublished <strong>in</strong> the lead<strong>in</strong>g dailies a f<strong>in</strong>al draft policy document <strong>and</strong> issued astatement signed by both the Permanent Secretary <strong>in</strong> the M<strong>in</strong>istry of L<strong>and</strong>s <strong>and</strong><strong>Kenya</strong> L<strong>and</strong> Alliance. Perhaps, even more tell<strong>in</strong>g is the press statement 8 issuedby the L<strong>and</strong>s Permanent Secretary, <strong>in</strong> which he describes the development of thedraft l<strong>and</strong> policy as perhaps the most successful policy development <strong>in</strong>itiative<strong>in</strong>volv<strong>in</strong>g the public sector, <strong>CSO</strong>s <strong>and</strong> the private sector. Clearly the KLA hasmoved from a suitor forc<strong>in</strong>g himself on a reluctant partner to a valued spousewho can f<strong>in</strong>ally be given public recognition.6.0 CHALLENGES FACED DURING COLLABORATIONSThe study noted that GOK/<strong>CSO</strong> relationships were faced with a myriadchallenges, some peculiar to specific collaborations. Nonetheless it was possibleto pick out broad areas that characterize most of the collaborations.The lack of a comprehensive policy framework for <strong>CSO</strong>/GOK relationship wasseen as a major h<strong>and</strong>icap s<strong>in</strong>ce it meant that both government <strong>and</strong> <strong>CSO</strong>s werenot obligated to work with each other. While organizations such as Plan had aCountry agreement with the government, this was an exception rather than thenorm <strong>and</strong> quite often GOK/<strong>CSO</strong> relations were dependent on the goodwill of<strong>in</strong>dividuals <strong>and</strong> the k<strong>in</strong>d of rapport they were able to strike. This made thecollaborations fragile <strong>and</strong> <strong>in</strong> many <strong>in</strong>stances unsusta<strong>in</strong>able. Concurrently, GOKrepresentatives at district level appeared to have little leeway for mak<strong>in</strong>g any8 Daily Nation April 19, 200714


form of commitments towards the collaborations <strong>and</strong> could for <strong>in</strong>stance not enter<strong>in</strong>to Memor<strong>and</strong>ums of Underst<strong>and</strong><strong>in</strong>g s<strong>in</strong>ce this was the purvey of thePermanent Secretary.Another recurr<strong>in</strong>g challenge was the frequent transfer of government officerswhich meant that <strong>CSO</strong>s were constantly be<strong>in</strong>g required to develop newrelationships with new officers, a factor that affected the quality ofcollaborations. This often meant try<strong>in</strong>g to w<strong>in</strong> the confidence of new officers <strong>and</strong>try<strong>in</strong>g to get them to buy <strong>in</strong>to collaborations. In the case of the <strong>CSO</strong>/M<strong>in</strong>istry ofTrade collaborations, the M<strong>in</strong>istry of Foreign Affairs requirement that Tradenegotiators <strong>in</strong> Geneva could only serve for certa<strong>in</strong> duration before be<strong>in</strong>gtransferred, meant that the collaboration constantly lost well tra<strong>in</strong>ed officers withexperience <strong>in</strong> trade negotiations. This was the direct opposite of USA <strong>and</strong> EUwhose negotiators had served consistently for over 30 years.Further, poor Information flow with<strong>in</strong> GOK itself <strong>and</strong> lack of <strong>in</strong>ternal synergiesbetween government departments constantly means that different governmentdepartments would at times take different positions on the same issue mak<strong>in</strong>g itvery confus<strong>in</strong>g for <strong>CSO</strong>s <strong>in</strong>volved <strong>in</strong> collaborations with them. The M<strong>in</strong>istry ofF<strong>in</strong>ance for <strong>in</strong>stance was said taken positions <strong>in</strong> its talks with the World Bankthat have contradicted what the M<strong>in</strong>istry of Trade has been try<strong>in</strong>g to negotiate atWTO negotiations.On the other h<strong>and</strong> government departments expressed concern about thereluctance by NGOs to transparently provide <strong>in</strong>formation on their programmes<strong>and</strong> operations. It was alleged that a number of NGOs only visited governmentoffices when their donors dem<strong>and</strong>ed proof of collaborations with government<strong>and</strong> even then went about it <strong>in</strong> a perfunctory manner. Related to this wasperceived reluctance by NGOs to consult with GOK at the design stage of theirprogrammes to ensure that these responded to the priorities <strong>and</strong> realities of thesituation <strong>in</strong> the areas of operation. This led to wasteful duplication <strong>and</strong> poorquality programmes. The District Livestock Promotion Officer <strong>in</strong> Samburu for<strong>in</strong>stance could only recall one NGO hav<strong>in</strong>g visited him to consult on programmeformulation. It would appear that this has a lot to do with residual suspicion <strong>and</strong>lack of trust between the government <strong>and</strong> <strong>CSO</strong>s.Additionally, the paucity of functional <strong>CSO</strong> networks at district level often meantthat they lacked structures to monitor st<strong>and</strong>ards, peer review each other <strong>and</strong>share <strong>in</strong>formation with a view to avoid<strong>in</strong>g duplication . Further NGOs tended touse different community development approaches that <strong>in</strong> some cases “muddiedthe waters” for other NGOs <strong>and</strong> the government. In Samburu for <strong>in</strong>stance it wasobserved that the practice of some <strong>CSO</strong>s to pay community members forattend<strong>in</strong>g tra<strong>in</strong><strong>in</strong>g/ workshops contradicted the M<strong>in</strong>istry of Livestock’s policy15


not to do the same. This had affected negatively the DLPOs ability to attractcommunity members to their tra<strong>in</strong><strong>in</strong>g.Generally, GOK representatives were concerned about lack of consistentst<strong>and</strong>ards by NGOs, a factor that raised questions about the quality of some ofthe services they delivered. <strong>CSO</strong>s were also accused of be<strong>in</strong>g reluctant to consultgovernment to obta<strong>in</strong> guidel<strong>in</strong>es on m<strong>in</strong>imum st<strong>and</strong>ards thereby lead<strong>in</strong>g todelivery of poor quality services.<strong>CSO</strong>s on the other h<strong>and</strong> compla<strong>in</strong>ed that while government might havecommitted <strong>and</strong> tra<strong>in</strong>ed staff, they were often under resourced. At district levelthis meant they were often unable to deliver their part <strong>in</strong> the collaborations dueto lack of transport for <strong>in</strong>stance. In the collaborations on trade negotiationsconcerns were expressed on the low resource allocation to the extent that it wasmany times not possible to br<strong>in</strong>g the trade negotiation teams back for debrief<strong>in</strong>g.Related to the issue of resources was the sensitive issue of payment togovernment staff by <strong>CSO</strong>s <strong>in</strong> the form of per diems, facilitation fees, top-ups oreven scholarships. While it appeared to be an uncomfortable subject for bothgovernment <strong>and</strong> <strong>CSO</strong>s, it was evident that these payments were a majormotivational factor for civil servants to lend technical support to <strong>CSO</strong>s. In Kwaledistrict for <strong>in</strong>stance, Plan had to delay a project because government staff were<strong>in</strong>volved <strong>in</strong> the Tianom<strong>in</strong> 9 project by a <strong>CSO</strong> which was giv<strong>in</strong>g better terms.Indeed, it would appear that <strong>CSO</strong>s would sometimes try to entice technicalsupport from government staff by offer<strong>in</strong>g better terms than compet<strong>in</strong>g <strong>CSO</strong>s. Itis perhaps an <strong>in</strong>dicator on the importance of these payments that <strong>CSO</strong>s such asPlan <strong>and</strong> RPK actually budget for the same.<strong>CSO</strong>s surveyed also <strong>in</strong>dicated they had difficulties <strong>in</strong> underst<strong>and</strong><strong>in</strong>g GOKpolicies, structures <strong>and</strong> procedures. They were particularly concerned aboutchanges <strong>in</strong> responsibilities <strong>and</strong> structures which were rarely communicated tothem mean<strong>in</strong>g they constantly had to move from one office to another try<strong>in</strong>g toascerta<strong>in</strong> issues. For <strong>in</strong>stance the recent changes <strong>in</strong> the water Act of 2002 thathave seen the M<strong>in</strong>istry of Water second several District Water Eng<strong>in</strong>eers tovarious water companies has thrown many <strong>CSO</strong>s deal<strong>in</strong>g <strong>in</strong> water services <strong>in</strong>toconfusion.Inter-dependence poses its own challenges <strong>and</strong> <strong>in</strong> many cases, some actors areunable to carry out their role effectively <strong>in</strong> the collaboration because a criticalactor (who functions <strong>in</strong>dependently of the collaboration) is mov<strong>in</strong>g too slowly <strong>in</strong>deliver<strong>in</strong>g on its m<strong>and</strong>ate. For example, under the Early Childhood9 Tiom<strong>in</strong> m<strong>in</strong><strong>in</strong>g <strong>in</strong> Kwale district has sparked controversy between local community <strong>and</strong> the company16


Development Collaboration, the schools need to have their ECD teachersregistered by the Teacher’s Service Commission (TSC). However, <strong>in</strong> Mombasa<strong>and</strong> the environs, this is yet to be implemented. Hence the teachers do notreceive the expected remuneration. Yet, there is a policy that commits the TSC toemploy two ECD teachers per school.Work<strong>in</strong>g with different organizations try<strong>in</strong>g to achieve the same goal is energydra<strong>in</strong><strong>in</strong>g. Adequate skills <strong>in</strong> human relations are required. For example, thedynamics <strong>in</strong> collaborations may lead certa<strong>in</strong> partners to celebrate the <strong>in</strong>itiative’ssuccess as their own <strong>and</strong> to attribute failures to the other partners. If a newspaperfeatures a successful <strong>in</strong>itiative but highlights the role of only one partner, tensionis bound to be created. In many cases, credit goes to the visible implement<strong>in</strong>gpartner <strong>and</strong> the silent partners, who play a role <strong>in</strong> facilitation <strong>and</strong> fund<strong>in</strong>g, maynot be recognized.F<strong>in</strong>ally, it would appear that historical factors still dog the government <strong>and</strong> <strong>CSO</strong>collaborations. The stra<strong>in</strong>ed relationship <strong>in</strong> the 1990s that led to the formation ofthe NGO coord<strong>in</strong>ation Board that was perceived by many <strong>CSO</strong>s, particularlyNGOs as a polic<strong>in</strong>g <strong>in</strong>strument still l<strong>in</strong>gers today, fuell<strong>in</strong>g mutual suspicion <strong>and</strong>mistrust. Todate, <strong>CSO</strong>s generally perceive government as punitive <strong>and</strong>overbear<strong>in</strong>g, while the government perceives <strong>CSO</strong>s as busy bodies who playholier than thou, lack legitimacy <strong>and</strong> be<strong>in</strong>g self seekers.7.0 LESSONS LEARNT7.1 Persistence, patience <strong>and</strong> Competence are key to conv<strong>in</strong>c<strong>in</strong>g government tocollaborateWithout exception, all <strong>CSO</strong>s <strong>and</strong> government departments saw the ability by<strong>CSO</strong>s to demonstrate competence as key to conv<strong>in</strong>c<strong>in</strong>g the government to enter<strong>in</strong>to collaborations with them. Competence was generally viewed <strong>in</strong> terms off<strong>in</strong>ancial capacity, f<strong>in</strong>ancial skills <strong>and</strong> track record <strong>in</strong> service delivery. AMREF,SEATINI <strong>and</strong> ActionAid are emphatic that for government to give <strong>CSO</strong>s ahear<strong>in</strong>g, <strong>CSO</strong>s have to show that they are technically sound.The <strong>Kenya</strong> L<strong>and</strong> Alliance also supports the view that government would nevercollaborate with a <strong>CSO</strong> which cannot demonstrate technical ability <strong>and</strong> goesfurther to emphasize the need for well researched positions backed by facts.Despite the <strong>in</strong>itial antipathy that government had towards KLA, their doggedpersistence <strong>and</strong> track record on l<strong>and</strong> issues f<strong>in</strong>ally conv<strong>in</strong>ced the government totake them on Board <strong>in</strong> the development of the l<strong>and</strong> policy <strong>and</strong> eventually acceptthem as an equal partner <strong>in</strong> the process.17


In the case of Plan <strong>Kenya</strong> <strong>and</strong> AMREF, the organizations’ track record <strong>in</strong>programme implementation <strong>and</strong> ability to deliver on their commitmentsparticularly <strong>in</strong> the provision of tangible services <strong>and</strong> implementation ofhardware projects such as construction of dispensaries is a key factor <strong>in</strong> theirrecognition by the government. <strong>Government</strong> representatives <strong>in</strong>terviewed <strong>in</strong>Kwale all po<strong>in</strong>ted at the tangible support that Plan was provid<strong>in</strong>g both directlyto communities <strong>and</strong> <strong>in</strong> the facilitation of government development efforts. InSamburu district as well, government officials described RPKs projects such asthe provision of drug kits to community based veter<strong>in</strong>ary officers as evidence oftheir credibility <strong>and</strong> competence. In Rachuonyo district Homa Hills CommunityDevelopment Organization has formed a longst<strong>and</strong><strong>in</strong>g partnership with theEarly Child Hood Development office (ECD) because of the support to ECDcenters <strong>in</strong> terms of equipment <strong>and</strong> materials <strong>and</strong> <strong>in</strong> the tra<strong>in</strong><strong>in</strong>g of teachers.7.2 Transparency <strong>and</strong> shar<strong>in</strong>g of <strong>in</strong>formation (communication) is important <strong>in</strong>establish<strong>in</strong>g trust <strong>and</strong> susta<strong>in</strong><strong>in</strong>g collaborationsMost <strong>CSO</strong>s emphasized that they had been able to establish good work<strong>in</strong>grelationship with the government because they were transparent about theiroperations <strong>and</strong> shared their budgets <strong>and</strong> work plans with their all theirstakeholders, <strong>in</strong>clud<strong>in</strong>g the local communities. <strong>Government</strong> officials werehowever of the view that while <strong>CSO</strong>s cont<strong>in</strong>ued to dem<strong>and</strong> for accountability<strong>and</strong> transparency from government, they themselves were reluctant to embracetransparency <strong>and</strong> were reluctant to share <strong>in</strong>formation on their operations withgovernment. Indeed, there was a strong feel<strong>in</strong>g that the government was edg<strong>in</strong>gahead of <strong>CSO</strong>s on the transparency front s<strong>in</strong>ce with the public sector reforms,government departments were openly display<strong>in</strong>g their service charters <strong>and</strong>shar<strong>in</strong>g <strong>in</strong>formation <strong>and</strong> soon <strong>CSO</strong>s would f<strong>in</strong>d the traditional argument thatgovernment lacked transparency hard to susta<strong>in</strong>.<strong>Government</strong> officials felt that the larger <strong>in</strong>ternational NGOs tended to be moretransparent <strong>and</strong> will<strong>in</strong>g to share <strong>in</strong>formation than the smaller local NGOs. It ispossible that a contribut<strong>in</strong>g factor could be poor st<strong>and</strong>ards <strong>and</strong> practices <strong>in</strong> somelocal NGOs due to <strong>in</strong>adequate capacity.Accord<strong>in</strong>g to AMREF the concern about lack of transparency by some localNGOs is real <strong>and</strong> that is why they avoid collaborat<strong>in</strong>g with others because theyare reluctant to open themselves up for scrut<strong>in</strong>y. RPK <strong>in</strong>dicates that one strategyit has employed to conv<strong>in</strong>ce government officials to collaborate is to <strong>in</strong>vite themto accompany them on field visits. Dur<strong>in</strong>g such visits, the local communitiesexpla<strong>in</strong> to the Officer what RPK was do<strong>in</strong>g <strong>and</strong> what benefits were be<strong>in</strong>g derivedfrom their projects. More often than not Officers become more amenable towardspartner<strong>in</strong>g with RPK.18


There was consensus throughout the study, that shar<strong>in</strong>g of <strong>in</strong>formation <strong>and</strong> keydocuments such as work plans <strong>and</strong> budgets contributed significantly toimproved GOK/<strong>CSO</strong> collaborations s<strong>in</strong>ce it built trust <strong>and</strong> facilitated effectiveplann<strong>in</strong>g. Concurrently, it was agreed that a lot needed to be done by bothgovernment <strong>and</strong> <strong>CSO</strong>s to ensure regular <strong>and</strong> transparent flow of quality<strong>in</strong>formation regard<strong>in</strong>g activities which would then contribute to build<strong>in</strong>g mutualconfidence <strong>and</strong> trust.7.3 Regular Reviews <strong>and</strong> Jo<strong>in</strong>t Monitor<strong>in</strong>g facilitate effective <strong>and</strong> efficientcollaborationsThe need for <strong>CSO</strong>s <strong>and</strong> GOK to regularly meet <strong>and</strong> review their collaborationswas seen by collaborators as important <strong>in</strong> ensur<strong>in</strong>g effective partnerships. Plan<strong>Kenya</strong> saw the annual reviews they had nationally with District Commissioners<strong>and</strong> their <strong>in</strong>volvement <strong>in</strong> the District Executive Committee as usefulopportunities for strengthen<strong>in</strong>g their collaborations. Resource Projects <strong>Kenya</strong>also considered the District Steer<strong>in</strong>g Group (DSG) which has been establishedunder the aegis of the Arid L<strong>and</strong>s Development programme (Office of thePresident) as a useful forum s<strong>in</strong>ce it brought <strong>CSO</strong>s <strong>and</strong> GOK together to discusstechnical issues. AMREF’s Busia Child Survival Project attributes their success tothe District Health Management Team that is responsible for plann<strong>in</strong>g <strong>and</strong>implement<strong>in</strong>g health activities <strong>in</strong> the district. In recognition of the importance ofregular jo<strong>in</strong>t reviews <strong>and</strong> plann<strong>in</strong>g, RPK has organized <strong>in</strong> Samburu a districtlevel monitor<strong>in</strong>g team. The team consists of the DLPO, District EnvironmentalOfficer, DFO, District Water Eng<strong>in</strong>eer, RPK, DDO <strong>and</strong> the L<strong>and</strong>s officer.It was noted that the District Development Committee which has always beentouted as the ideal structure for <strong>CSO</strong>/GOK collaborations was not appropriatedue to its large size <strong>and</strong> composition which made it unable to address technicalissues. A structure such as the District Steer<strong>in</strong>g Group was suggested by both<strong>CSO</strong>s <strong>and</strong> GOK representatives as most ideal. Nonetheless, it was observed thatas currently constituted it was not <strong>in</strong>clusive s<strong>in</strong>ce it was limited to organizations<strong>in</strong>volved <strong>in</strong> the Arid L<strong>and</strong>s Programme.7.4 Attitude Change <strong>and</strong> Better Mutual underst<strong>and</strong><strong>in</strong>g important <strong>in</strong> develop<strong>in</strong>g<strong>and</strong> susta<strong>in</strong><strong>in</strong>g relationshipsMost respondents were unanimous that one of the biggest obstacles to effective<strong>CSO</strong>/GoK collaborations are the preconceived attitudes that both partiessometimes br<strong>in</strong>g with them to the negotiation table. However, both government<strong>and</strong> <strong>CSO</strong>s have the same objective of reduc<strong>in</strong>g poverty <strong>and</strong> as such there shouldbe no conflict <strong>in</strong> their operations. Both <strong>CSO</strong>s <strong>and</strong> GOK should strive tounderst<strong>and</strong> each others systems <strong>and</strong> policies <strong>in</strong> order for them to work togetherharmoniously. The District Children’s Officer <strong>in</strong> Kwale perhaps best epitomizesthis advice when he po<strong>in</strong>ts out that through their work with Plan; they have each19


developed a mutual underst<strong>and</strong><strong>in</strong>g <strong>and</strong> appreciation of each other’s approach<strong>and</strong> policies to the extent that he says “For me Plan is part of the Children’sOffice”.8.0 RECOMMENDATIONS8.1 <strong>Government</strong> <strong>and</strong> <strong>CSO</strong>s should work synergisticallyThere was a recognition form those <strong>in</strong>terviewed that GOK <strong>and</strong> <strong>CSO</strong>s basicallyhave the same objectives <strong>and</strong> serve the same people. Further, the governmenthad the responsibility <strong>and</strong> the m<strong>and</strong>ate for lead<strong>in</strong>g policy formulation <strong>and</strong>implementation. In many <strong>in</strong>stances it was observed, NGOs have the money <strong>and</strong>materials resources but lack the expertise while GOK has the technical ability<strong>and</strong> the staff but could not implement activities effectively due to <strong>in</strong>sufficientfund<strong>in</strong>g. In the cases studied, the recognition of the various comparativestrengths <strong>and</strong> weaknesses <strong>and</strong> the deliberate effort towards each others strongpo<strong>in</strong>ts yielded positive results. In Kwale district government technical support<strong>and</strong> Plans f<strong>in</strong>ancial contribution have led to improved health services <strong>and</strong>protection of children’s rights among others, while the collaboration between<strong>CSO</strong>s <strong>and</strong> the M<strong>in</strong>istry of Trade has ensured that issues affect<strong>in</strong>g poor farmers <strong>in</strong><strong>Kenya</strong> have formed the basis of <strong>Kenya</strong>’s trade negotiations at the WTO.8.2 Need to enhance <strong>CSO</strong>’s technical capacity<strong>Government</strong> representatives were concerned that NGOs unlike governmenttended to <strong>in</strong>vest less <strong>in</strong> build<strong>in</strong>g the technical capacity of their staff preferr<strong>in</strong>g tofocus on programme implementation <strong>and</strong> meet<strong>in</strong>g deadl<strong>in</strong>es. This <strong>in</strong> their viewcompromised the quality of services <strong>and</strong> programmes implemented <strong>and</strong>underm<strong>in</strong>ed <strong>CSO</strong>/GOK collaborations. It was proposed that <strong>CSO</strong>s work withrelevant government departments to determ<strong>in</strong>e the relevant guidel<strong>in</strong>es <strong>and</strong>st<strong>and</strong>ards required for specific technical areas before embark<strong>in</strong>g onimplementation of programmes. There was a particular concern aboutCommunity Resource Persons who were at times given haphazard tra<strong>in</strong><strong>in</strong>g thendeployed <strong>in</strong> communities to provide services <strong>in</strong> technical areas such asVeter<strong>in</strong>ary services. This it was stated ended up underm<strong>in</strong><strong>in</strong>g government efforts<strong>in</strong> promot<strong>in</strong>g best practices.8.3 <strong>CSO</strong>s <strong>and</strong> GOK should strive to underst<strong>and</strong> each others policies <strong>and</strong> systemsA constant challenge for <strong>CSO</strong>/GoK relations is the adequate underst<strong>and</strong><strong>in</strong>g <strong>and</strong>perhaps a reluctance to appreciate each others policies, processes <strong>and</strong> systems.This tends to perpetuate clichéd <strong>and</strong> stereotyped statements such as“government is too bureaucratic” or “<strong>CSO</strong>s are too hurried”. The studyestablished the need for <strong>CSO</strong>s <strong>and</strong> the public sector to <strong>in</strong>clude as part of theircollaborations deliberate efforts to educate each other on their processes <strong>and</strong>20


systems. While the need to underst<strong>and</strong> each other should not obviate the need toreview policies <strong>and</strong> approaches that militate aga<strong>in</strong>st successful collaborations(already addressed <strong>in</strong> challenges), it is evident that <strong>in</strong>creased communication <strong>and</strong>underst<strong>and</strong><strong>in</strong>g on the <strong>in</strong>tr<strong>in</strong>sic factors that make <strong>CSO</strong>s <strong>and</strong> GoK conduct theirbus<strong>in</strong>ess they way they do can go along way <strong>in</strong> elim<strong>in</strong>at<strong>in</strong>g the <strong>in</strong>stitutionalbottlenecks to successful partnerships.8.4 Development of jo<strong>in</strong>t structures for plann<strong>in</strong>g, coord<strong>in</strong>ation, monitor<strong>in</strong>g <strong>and</strong>evaluation imperativeThere is a clear need for jo<strong>in</strong>t fora where government <strong>and</strong> <strong>CSO</strong>s can develop <strong>and</strong>carry out jo<strong>in</strong>t plann<strong>in</strong>g <strong>and</strong> develop st<strong>and</strong>ards for implementation <strong>and</strong>monitor<strong>in</strong>g. There were also concerns that NGOs at district level lackedstructures for coord<strong>in</strong>at<strong>in</strong>g activities <strong>and</strong> peer review<strong>in</strong>g each other. The fact thatan organization such as the NGO Council which is supposed to monitor selfregulation <strong>in</strong> the NGO sector has been undergo<strong>in</strong>g problems has furtherexacerbated this problem. It was also evident that the DDC due to its widecomposition <strong>and</strong> none technical nature is not ideal for plann<strong>in</strong>g, promot<strong>in</strong>g <strong>and</strong>monitor<strong>in</strong>g st<strong>and</strong>ards. Nonetheless, those <strong>in</strong>terviewed were of the op<strong>in</strong>ion that astructure modeled around the District Steer<strong>in</strong>g Group which has beenestablished under the Arid L<strong>and</strong>s programme would be ideal. Additionally, itwas proposed that NGOs set up district level networks to facilitate plann<strong>in</strong>g <strong>and</strong>monitor<strong>in</strong>g, avoid wasteful duplication <strong>and</strong> promote adherence to st<strong>and</strong>ards <strong>and</strong>best practices.8.5 Document successful <strong>CSO</strong>/GoK collaborationsIt was proposed that the documentation <strong>and</strong> dissem<strong>in</strong>ation of successful publicsector/<strong>CSO</strong> collaborations would assist <strong>in</strong> advocat<strong>in</strong>g for such collaborations<strong>and</strong> give useful <strong>in</strong>sights on best practices through lessons learnt.SECTION 2: THE CASE STUDIES1. The case of Resource Projects <strong>Kenya</strong> (RPK) collaboration with GoK2. Learn<strong>in</strong>g from Legal Resources Foundation Trust (LRF)collaborations with GoK3. Amref’s collaboration with government <strong>and</strong> other <strong>CSO</strong>s <strong>in</strong> <strong>Kenya</strong>:4. How Nomadic Communities Trust (NCT) is collaborat<strong>in</strong>g with<strong>Government</strong> <strong>and</strong> other <strong>CSO</strong>s <strong>in</strong> Samburu district5. IFAD fronted collaboration with <strong>CSO</strong>s6. For the sake of a L<strong>and</strong> Policy for <strong>Kenya</strong>: the forced marriagebetween <strong>Kenya</strong> L<strong>and</strong> Alliance <strong>and</strong> the M<strong>in</strong>istry of L<strong>and</strong>s7. All for one, one for all: <strong>CSO</strong>s collaborations with the M<strong>in</strong>istry of Trade atWTO negotiations21


8. Constructive Engagements: the case of PLAN <strong>Kenya</strong> <strong>in</strong> Kwaledistrict9. Community Research <strong>in</strong> Environment <strong>and</strong> Development Initiatives(CREADIS): A case study of <strong>Government</strong>/NGO collaboration10. Provid<strong>in</strong>g a firm foundation: Homa Hills Community DevelopmentProgrammes collaborations with the <strong>Government</strong> on Early ChildhoodEducation22


1. THE CASE OF RESOURCE PROJECTS KENYA (RPK) COLLABORATION WITHGoKResource Projects <strong>Kenya</strong> (RPK) is national NGO, an offshoot of Belerive Foundationwhich was dissolved by the Aga Khan who was its sponsor. The <strong>Kenya</strong>n staff of theBellerive established a local NGO Resource Projects <strong>Kenya</strong> which <strong>in</strong>herited some ofBellerives assets. RPK started with a Forestry project <strong>in</strong> Samburu district. Nationally,RPK has three ma<strong>in</strong> programmes: Samburu Pastoral program, a high potential program<strong>in</strong> Kakamega <strong>and</strong> Vihiga, Meru Dry l<strong>and</strong> farm<strong>in</strong>g (which was <strong>in</strong>herited from SOS Sahelan NGO which dissolved)The story of Resource Projects <strong>Kenya</strong> (RPK) <strong>and</strong> its work with government <strong>in</strong> Samburudistrict reflects remarkable <strong>in</strong>novation <strong>and</strong> pragmatism. RPK has worked <strong>in</strong> SamburuDistrict s<strong>in</strong>ce 1996.Indeed, RPK was quick to establish a relationship with the GOK from the time itentered the district s<strong>in</strong>ce they were <strong>in</strong>itially housed at the District Forest Office. PiusKisusya the RPK Programme Manager <strong>in</strong> Samburu op<strong>in</strong>es that the nature of theorganization’s entry <strong>in</strong>to the district was <strong>in</strong>strumental <strong>in</strong> the development of the cordialrelations that it has been able to build with the government. This is because they wereable to expla<strong>in</strong> their <strong>in</strong>tentions <strong>and</strong> programmes to government agencies <strong>and</strong> thereforeallay possible suspicion or mistrust. It was important that from the very beg<strong>in</strong>n<strong>in</strong>g theydevelop a climate of trust.From the onset RPK was committed to us<strong>in</strong>g a participatory approach <strong>in</strong> its work <strong>in</strong>with the pastoralist communities of Samburu towards susta<strong>in</strong>able utilization of theresource base. It started work<strong>in</strong>g <strong>in</strong>itially with three group ranches along the plateauwhere they designed a project <strong>in</strong> consultation with the local community. The Identifiedthreats to the natural resources specifically; threat of fires due to bee hunt<strong>in</strong>g, threat oftheft of forest resources <strong>and</strong> the threat of destruction of water catchment areas. Theysought to know from the community its traditional methods for conservation <strong>and</strong> weretold there was the <strong>in</strong>stitution of community committee elders which had theresponsibility of oversee<strong>in</strong>g the preservation of natural resources. RPK built onto these<strong>in</strong>stitutions to establish Community Environment Conservation Committees.Committees were established <strong>in</strong> each village. RPK tra<strong>in</strong>ed the committees who realizedthat natural resources were for there benefit. They became very strong <strong>in</strong> defend<strong>in</strong>g theirlocal resources <strong>and</strong> they began to raise their voices even to the Prov<strong>in</strong>cialAdm<strong>in</strong>istration. In <strong>in</strong>stances where they felt they condoned actions <strong>in</strong>imical to theconservation of the environment.In an <strong>in</strong>novative venture that has <strong>in</strong>volved partnerships between local communities <strong>and</strong>the government, RPK lobbied the Prov<strong>in</strong>cial Adm<strong>in</strong>istration, the Police, ForestryDepartment <strong>and</strong> the NEMA to provide letters to Community based EnvironmentConservation Committees (set up with support from RPK) with letters empower<strong>in</strong>gthem to arrest those whose actions are a threat to the environment <strong>and</strong> the susta<strong>in</strong>ableuse of natural resource. This has <strong>in</strong> turn empowered communities to take the <strong>in</strong>itiative23


<strong>in</strong> the conservation of natural resources <strong>and</strong> environmental protection to the extent thatthey feel they are able to even challenge government officials if they feel there actionsare a danger to the environment <strong>and</strong> the preservation of natural resources.The com<strong>in</strong>g <strong>in</strong>to be<strong>in</strong>g of the Environmental Coord<strong>in</strong>ation Act of 1999 helped furthers<strong>in</strong>ce it provided a locus st<strong>and</strong>i by empower<strong>in</strong>g any one to arrest those <strong>in</strong>terfer<strong>in</strong>g withforest resources. This contributed greatly <strong>in</strong> reduc<strong>in</strong>g <strong>in</strong>stances of destruction of forests.RPK went on to further assist communities to develop management plans for theirnatural resources.From the <strong>in</strong>itial relationship with the District Forestry Office RPK has exp<strong>and</strong>ed its listof government Collaborators to Arid L<strong>and</strong>s Programme under the Office of thePresident, the District Livestock Promotion Office (DLPO), District Environment Office,<strong>and</strong> District Water Office. When the District Steer<strong>in</strong>g Group (DSG) was <strong>in</strong>itiated underthe aegis of the Arid L<strong>and</strong>s Programme, a provision was made for NGOs /CBOs to begazzeted to jo<strong>in</strong> the DSG through NEMA. RPK was <strong>in</strong>vited to jo<strong>in</strong> the DSG <strong>in</strong> Samburudistrict. Accord<strong>in</strong>g to Kisusya, RPK was selected because their credibility <strong>and</strong> trackrecord. He notes, however, that they were <strong>in</strong>formed of their selection after they had beengazzeted. Nonetheless, the gazzetment gave their work legal recognition.Accord<strong>in</strong>g to Jackson Nzou the DFO <strong>in</strong> Samburu, the collaborations between hisDepartment <strong>and</strong> RPK have contributed directly to <strong>in</strong>creas<strong>in</strong>g forest cover <strong>and</strong> enhanc<strong>in</strong>genvironmental conservation <strong>in</strong> the district. He considers the support provided by RPK <strong>in</strong>provid<strong>in</strong>g transport to Forestry officials as of particular importance s<strong>in</strong>ce it has<strong>in</strong>creased their capacity to outreach.For Lekenit Patrick Pure<strong>in</strong>a the District Environment Officer with the NationalEnvironmental Management Authority (NEMA), work<strong>in</strong>g with RPK has enabled NEMAto surmount the h<strong>and</strong>icap of hav<strong>in</strong>g only one officer (Pure<strong>in</strong>a himself) to serve thewhole District s<strong>in</strong>ce they have been able to outreach us<strong>in</strong>g RPK staff. Ideally, NEMA issupposed to have 6 Environmental Officers to cover the 6 divisions <strong>in</strong> Samburu <strong>in</strong>promot<strong>in</strong>g environmental awareness <strong>and</strong> conservation. However, at the time of the<strong>in</strong>terview these were not <strong>in</strong> place thereby mak<strong>in</strong>g the collaborations with RPK godsend.Indeed, for both the District Forest Office <strong>and</strong> NEMA a key contribution from RPK hasbeen the NGOs development of grassroots environmental networks <strong>and</strong> communityenvironmental management structures which are be<strong>in</strong>g used by governmentdepartments to mobilize <strong>and</strong> outreach to local communities. Through RPK/NEMAcollaborations for <strong>in</strong>stance, local community <strong>in</strong>stitutions have been strengthenedthrough tra<strong>in</strong><strong>in</strong>g on governance, <strong>in</strong>tegration of gender representation <strong>in</strong> the forestConservation committees, <strong>and</strong> development of Self Help Group constitutions.For Maurice Ouma the District Livestock Promotion Officer (DLPO) for Samburu, RPKhas been <strong>in</strong>strumental <strong>in</strong> promot<strong>in</strong>g beekeep<strong>in</strong>g as a viable <strong>in</strong>come generat<strong>in</strong>g activity <strong>in</strong>the district. The collaborations with the DLPOs office have led to the <strong>in</strong>troduction ofmodern beekeep<strong>in</strong>g <strong>in</strong>clud<strong>in</strong>g the use of smokers <strong>and</strong> improved hives. This has <strong>in</strong> turnled to a reduction <strong>in</strong> the use of traditional methods that were environmentally24


unfriendly. The tra<strong>in</strong><strong>in</strong>g <strong>and</strong> support given to beekeepers has enhanced production <strong>and</strong><strong>in</strong>creased their management capacity lead<strong>in</strong>g to the establishment of Cooperative. At thetime of the study, there were 21 Beekeep<strong>in</strong>g groups <strong>in</strong> Samburu district.RPK is also work<strong>in</strong>g closely with the DLPO to promote livestock production throughtra<strong>in</strong><strong>in</strong>g of Community Health Animal Workers. A criterion has been developed withthe District Development Office to be used <strong>in</strong> select<strong>in</strong>g those to be tra<strong>in</strong>ed <strong>in</strong> thecommunity. Further a curriculum has been developed <strong>in</strong> conjunction with thegovernment for the tra<strong>in</strong><strong>in</strong>g the Community Health Animal Workers. Once tra<strong>in</strong><strong>in</strong>g isover, each worker is given a kit as a grant with an agreement that the kit to be used forcommunity benefit. While the health workers charge local livestock owners for theirservices, they are enjo<strong>in</strong>ed to ensure that fees are affordable.RPKs <strong>in</strong>novativeness does not end there, <strong>in</strong> an attempt to promote school enrolment forchildren <strong>in</strong> this largely nomadic community, RPK is currently work with local teachersthrough the M<strong>in</strong>istry of Education on how to accommodate children who take care oflivestock <strong>in</strong> the day time. They have thus established an <strong>in</strong>formal programme for thesechildren <strong>in</strong> the even<strong>in</strong>gs. The approach has enjoyed some successes <strong>and</strong> some students<strong>in</strong> the programme have jo<strong>in</strong>ed the formal school system at st<strong>and</strong>ard 5. There arecurrently two schools <strong>in</strong> Wamba <strong>and</strong> Baragoi. The <strong>in</strong>tention is to use the model toexp<strong>and</strong> to other areas.In order to enhance learn<strong>in</strong>g’s from its programmes <strong>and</strong> strengthen its collaborationswith local government departments, RPK has <strong>in</strong>itiated a district level monitor<strong>in</strong>g teamThe team consists of the DLPO, District Environmental Officer, District Forest Officer,District Water Eng<strong>in</strong>eer, District Development Officer <strong>and</strong> the L<strong>and</strong>s officer. Every yearthe team carries out field visits to monitor <strong>and</strong> review RPKs programmes. Accord<strong>in</strong>g toKisusya, these reviews have been particularly important <strong>in</strong> not only improv<strong>in</strong>g theimplementation of RPK programmes but have also contributed to enhanc<strong>in</strong>g RPKscollaborations with the government.Nonetheless, Kisusya is the first to admit that work<strong>in</strong>g with the government has notbeen without its challenges. He is particularly concerned about the lack of a policyframework for <strong>CSO</strong>/GoK collaborations. RPK's work with the government has beenlargely based on the formers ability to forge <strong>and</strong> foster relations with <strong>in</strong>dividual<strong>Government</strong> officers mean<strong>in</strong>g that when such officers are transferred, the collaborationsare affected. RPK often has to start all over aga<strong>in</strong> with the <strong>in</strong>com<strong>in</strong>g officers some ofwhom might be skeptical on the need for such cooperation. Another challenge whichKisusya was not particularly comfortable <strong>in</strong> discuss<strong>in</strong>g was the issue of per diems, itwas apparent that RPKs ability to provide per diems for government officers was a keymotivator <strong>in</strong> ensur<strong>in</strong>g the latter’s support. Kisusya reluctantly admitted that if this wasnot provided it might affect adversely the level of support from the governmentofficials. It is particularly tell<strong>in</strong>g that while <strong>in</strong>itially RPK did not budget for per diems, ithas s<strong>in</strong>ce <strong>in</strong>tegrated the same <strong>in</strong> its plans. A related problem is <strong>in</strong>adequate resources by<strong>Government</strong> Department s for <strong>in</strong>stance lack of operational vehicles. This often meansthat the government is at times unable to meet its obligations <strong>in</strong> the collaborationlead<strong>in</strong>g to delays <strong>in</strong> implementation of projects.25


Why work with governmentSpeak<strong>in</strong>g to Kisusya one is struck by the level of focus he displays <strong>in</strong> justify<strong>in</strong>g the needfor his organization to work with the government. He observes that RPK is aware that asan NGO, their approach is project based <strong>and</strong> subject to cont<strong>in</strong>ued donor fund<strong>in</strong>g. Assuch, work<strong>in</strong>g with the government becomes a key strategy <strong>in</strong> ensur<strong>in</strong>g thesusta<strong>in</strong>ability of their projects s<strong>in</strong>ce the government is there to stay <strong>in</strong> Samburu district.He further notes that the government has personnel with technical skills <strong>in</strong> areas whereRPK is limited such as water eng<strong>in</strong>eer<strong>in</strong>g hence the need for collaborations.AchievementsIn Kisusya’s view, the collaborations with the government have been critical <strong>in</strong> ensur<strong>in</strong>gskills improvement for RPK. Further, their gazzetment as a collaborator with NEMA hasgiven them a voice to more effectively articulate issues affect<strong>in</strong>g local communities. Theformal recognition by the government of Community based EnvironmentalConservation Committees which was facilitated by RPK has further empowered localcommunities to take charge of the management of their natural resources. Ultimately,the collaborations have contributed to improved livelihoods for local communities.Accord<strong>in</strong>g to Maurice Ouma the DLPO <strong>in</strong> Samburu district, the collaborations with RPKhave been important <strong>in</strong> enabl<strong>in</strong>g both the government <strong>and</strong> RPK to obviate their relativeweaknesses by build<strong>in</strong>g on their relative strengths. This has <strong>in</strong>volved the governmentfor <strong>in</strong>stance provid<strong>in</strong>g technical resources while RPK contributes material support.Further, the government has successfully utilized RPKs skills <strong>in</strong> communitymobilization to outreach to communitiesLessonsIn RPK's experience, <strong>in</strong>volv<strong>in</strong>g the government <strong>in</strong> all aspects of an NGOs programme iskey to gett<strong>in</strong>g its support. RPK has therefore deliberately created structures such as theDistrict Level Monitor<strong>in</strong>g Team as a means of enhanc<strong>in</strong>g their <strong>in</strong>clusion of localgovernment Departments <strong>in</strong> their programmes. Nonetheless, RPK has learnt that despiteits best efforts, the success of the collaborations can either be furthered or curtailed bythe attitude of <strong>in</strong>dividual government officials towards the collaborations. Additionally,the need to provide for some form of motivation for government officials especiallythrough per diems can not be ga<strong>in</strong>said.Way ForwardRPK sees a bright future for <strong>CSO</strong>/GOK relationships, the com<strong>in</strong>g <strong>in</strong>to force ofPerformance Contracts <strong>and</strong> Service Charters <strong>in</strong> government operations provide a uniqueopportunity for <strong>CSO</strong>s to engage with government around specific areas <strong>and</strong> st<strong>and</strong>ardsof performance <strong>and</strong> will ensure predictability <strong>in</strong> terms of what to expect fromgovernment departments they are collaborat<strong>in</strong>g with. Nonetheless, it is Kisusya’s view26


that NGOs <strong>in</strong> Samburu district need to have a forum at district level to ensure theiractivities are coord<strong>in</strong>ated. Further, <strong>in</strong> his view, more organizations should participate <strong>in</strong>local development forums such as the District Development Committees (DDC). He wasalso expresses concerns that lack of documentation of successful <strong>CSO</strong>/GoKcollaborations has meant that the benefits of such collaborations have not been widelyshared as a means of promot<strong>in</strong>g the same.2. LEARNING FROM LEGAL RESOURCES FOUNDATION TRUST (LRF)COLLABORATIONS WITH GOKThe Legal Resources Foundation Trust (LRF) is an NGO, whose vision is a <strong>Kenya</strong> whereeveryone, <strong>in</strong>clud<strong>in</strong>g the poor <strong>and</strong> marg<strong>in</strong>alized are able to access justice <strong>and</strong> fullrealization of their rights. Its m<strong>and</strong>ate is to promote critical legal <strong>and</strong> human rightsawareness <strong>and</strong> rule of law <strong>in</strong> <strong>Kenya</strong>. It does this through participatory <strong>in</strong>terventionsaimed at empower<strong>in</strong>g communities to claim <strong>and</strong> defend their rights. The promotion <strong>and</strong>protection of human rights is the responsibility of the state but the active participation ofnon-state actors (NGOs) is vital to ensur<strong>in</strong>g access to justice, rule of law <strong>and</strong> realizationof human rights. LRF’s key strategic objectives are to:• Implement <strong>in</strong>novative, high impact human rights education projects relevant tothe stakeholders.• Advocate <strong>and</strong> lobby for the development <strong>and</strong> enforcement of policies <strong>and</strong> lawsthat promote access to justice among the poor <strong>and</strong> marg<strong>in</strong>alized.• Document, track <strong>and</strong> dissem<strong>in</strong>ate the results of LRF’s work.In March 2003 when the then Prison’s Commissioner declared that Prisons needed to beopened up, LRF, under its Human Rights Education Program brought together a team ofcivil society organizations with the mutual goal of promot<strong>in</strong>g access to justice. The teamsought collaboration with government agencies <strong>in</strong> the justice system. It was felt at thattime, that s<strong>in</strong>ce several leaders of civil society had jo<strong>in</strong>ed government, much could beachieved <strong>in</strong> terms of reform. Indeed, the year after the last elections, i.e. 2003, was themost successful year <strong>and</strong> there were many achievements.The collaborat<strong>in</strong>g team drew up an entire program based on goodwill - that such accesswould be ensured. The core steer<strong>in</strong>g group of <strong>in</strong>itiative is made up of <strong>Kenya</strong> HumanRights, The Child Rights Advisory Documentation <strong>and</strong> Legal Centre (CRADLE), TheJudiciary, Police, Prosecution <strong>and</strong> the Attorney General. The project was piloted <strong>in</strong> threemonths <strong>in</strong> Nairobi Rem<strong>and</strong> <strong>and</strong> Allocation Prison, Lang’ata Women Prison, KabeteChildren’s Rem<strong>and</strong> Home <strong>and</strong> Thika Men Prison. The government played their rolewithout <strong>in</strong>hibitions <strong>in</strong> 2003. Later <strong>in</strong> 2004, the project exp<strong>and</strong>ed to more prisons.The ma<strong>in</strong> collaborat<strong>in</strong>g agencies from the government <strong>in</strong>clude Prisons, Judiciary, Police,Probation Department <strong>and</strong> the Children’s Department. Other partners <strong>in</strong>clude the27


<strong>Kenya</strong> Legal Reform Commission. They are help<strong>in</strong>g LRF br<strong>in</strong>g up a Small Claims CourtsBill <strong>and</strong> Courts of Petty Sessions Bill as a way of lessen<strong>in</strong>g the caseload of the ord<strong>in</strong>arycourts. They have managed to get this prioritized through the Governance Justice Law<strong>and</strong> Order Sector (GJLOS) reforms program.The ma<strong>in</strong> objective of the collaboration is to promote access to justice among theunrepresented rem<strong>and</strong>ees <strong>in</strong> prisons by provid<strong>in</strong>g them with knowledge <strong>and</strong> skills toqualitatively represent themselves <strong>in</strong> their trials. It also seeks to improve coord<strong>in</strong>ationamong crim<strong>in</strong>al law justice actors <strong>in</strong> <strong>Kenya</strong> with a view to improv<strong>in</strong>g access to justiceamong persons <strong>in</strong> the crim<strong>in</strong>al justice system. The ultimate goal is to decongest prisons.The program is housed by <strong>Kenya</strong> Prisons Service as it ma<strong>in</strong>ly targets persons <strong>in</strong> thecrim<strong>in</strong>al justice system. Dur<strong>in</strong>g their work, the partners are subject to the <strong>Kenya</strong> PrisonsService’s code of conduct.LRF is the coord<strong>in</strong>at<strong>in</strong>g agency of the partnership project. It provides tra<strong>in</strong><strong>in</strong>g toparalegals (i.e. persons who provide legal aid to ord<strong>in</strong>ary people) <strong>and</strong> has been able tospearhead the formation of access to justice committees (AJCs) at the prisons, whichbr<strong>in</strong>g together the judiciary, prisons, police, probation <strong>and</strong> other actors <strong>in</strong> the justicesystem to discuss <strong>and</strong> come up with local solutions to local problems <strong>in</strong> the justicesystem. In addition, paralegals have helped improve prison conditions by monitor<strong>in</strong>gthe human rights conditions <strong>and</strong> follow<strong>in</strong>g up on the issues to ensure that appropriatest<strong>and</strong>ards are ma<strong>in</strong>ta<strong>in</strong>ed. Paralegals work with prison officers to screen <strong>and</strong> filterprisoners who are <strong>in</strong> prison unlawfully or <strong>in</strong>appropriately <strong>and</strong> br<strong>in</strong>g them to theattention of the authorities. LRF has also produced <strong>in</strong>formation, education <strong>and</strong>communication materials <strong>in</strong> the form of posters, videos <strong>and</strong> booklets that are used byrem<strong>and</strong> prisoners all over the country.An <strong>in</strong>dependent evaluation of the <strong>Kenya</strong> Prisons Paralegal Project <strong>in</strong> December 2004described the project as hav<strong>in</strong>g significantly helped the prisons <strong>in</strong> which the project wasoperat<strong>in</strong>g to decongest by speed<strong>in</strong>g up the determ<strong>in</strong>ation of cases that had been pend<strong>in</strong>gfor long. S<strong>in</strong>ce its <strong>in</strong>ception, the project has seen:• Several other civil society organizations ventur<strong>in</strong>g <strong>in</strong>to prisons <strong>in</strong> their areas e.g.Muslim Human Rights Initiative (MUHURI) <strong>in</strong> the Coast prov<strong>in</strong>ce surrenderedan officer to start the project <strong>in</strong> that region. St Mart<strong>in</strong>’s Nyahururu Churchtargeted Rumuruti <strong>and</strong> Thomson’s Falls areas while the Catholic Justice <strong>and</strong>Peace Commission is focus<strong>in</strong>g on Kitale <strong>and</strong> Kapenguria. The project gave theseactors the confidence, material <strong>and</strong> logistical support <strong>and</strong> national clout theyneeded to operate.• More prisoners who have developed confidence to represent themselves <strong>in</strong> court.In court, many rem<strong>and</strong>ees have been able to ask relevant questions dur<strong>in</strong>g crossexam<strong>in</strong>ation,ask for bails, reduction of bails <strong>and</strong> term<strong>in</strong>ation of cases on legalamong other grounds.• Increased awareness on prison conditions among the actors <strong>in</strong> the crim<strong>in</strong>aljustice system, which has promoted them to <strong>in</strong>stitute measures to address thesame. Some of the measures <strong>in</strong>clude <strong>in</strong>creased use of non custodial sentences <strong>and</strong>issuance of affordable bail by the judiciary. In the last 6 months (August 2006-January 2007), 343 rem<strong>and</strong>ees were put on probation as first offenders; 50628


eceived community service orders; 906 were acquitted <strong>and</strong> 917 had their bondslowered.• Increased cooperation, coord<strong>in</strong>ation <strong>and</strong> better communication <strong>in</strong> places whereaccess to justice committees have been established.Most of those who are <strong>in</strong> prison (42%) are suspects. Few are able to access lawyers asthey cannot afford them. The court system is usually very harsh <strong>and</strong> many <strong>in</strong> rem<strong>and</strong>accept wrong advice to their detriment. However, the project gives them confidence.Many <strong>in</strong> rem<strong>and</strong> are able to raise questions <strong>in</strong> court regard<strong>in</strong>g their rights, theirtreatment or their case <strong>and</strong> the prosecution is therefore more wary of tak<strong>in</strong>g shortcuts. Arem<strong>and</strong>ee from Lang’ata Women’s Prison states that, “The paralegals have given ushope <strong>and</strong> a sense of dignity. They counsel us <strong>and</strong> <strong>in</strong> my case traced for me my relatives.As we speak now, they are out there try<strong>in</strong>g to raise money for my bond <strong>and</strong> surety. I amso grateful.” Similarly, a rem<strong>and</strong>ee from Thika Men’s Prison avers, “When theparalegals are here we feel like k<strong>in</strong>gs, even those harsh <strong>and</strong> brutal wardens behave <strong>and</strong>can listen to one’s request.”The Prison’s officials are also full of praise for the project, as it has assisted theseoverstretched <strong>and</strong> under-resourced agencies to fulfill their obligations. An official fromLang’ata Women’s Prison was of the op<strong>in</strong>ion that, “The ma<strong>in</strong> issue here is gender, wherea woman is forced by circumstances to be imprisoned <strong>in</strong> rem<strong>and</strong> with her young kid. Itis true we do everyth<strong>in</strong>g to make them comfortable but we know the effect it has on ayoung child’s proper development. The <strong>in</strong>dignity <strong>and</strong> stigma it carries does notguarantee the child a healthy adult life <strong>and</strong> we are concerned because the kid is<strong>in</strong>nocent…The paralegals are do<strong>in</strong>g a lot to help not only the woman but the child aswell.”Through the collaboration, the <strong>Kenya</strong> Prisons Service has been able to lobby <strong>and</strong><strong>in</strong>crease the number of probation officers. They have also been able to secure more stafffor the community service orders department. In addition, <strong>CSO</strong>s now have moreconfidence <strong>and</strong> latitude to criticize poor practice. The collaboration has also nurturedweak partners especially <strong>in</strong> the Prison’s service to speak out e.g. where an order to arrestmore than 800 people could lead to adverse consequences <strong>in</strong> already congested prisons.There is <strong>in</strong>creased dialogue amongst the actors <strong>and</strong> a growth of confidence from thosewho did not formally support the project.A project of this type requires support from all relevant stakeholders to be successful. Inparticular, the collaboration served the important role of <strong>in</strong>creas<strong>in</strong>g the program’slegitimacy. Earlier efforts by <strong>in</strong>dividual <strong>CSO</strong>s <strong>in</strong> similar work had m<strong>in</strong>imal impact. The<strong>CSO</strong>s were only able to access persons who had gone through the crim<strong>in</strong>al justicesystem after their release, <strong>and</strong> hence, could only on anecdotal evidence of theexperiences with<strong>in</strong> prisons. The basis of the work<strong>in</strong>g relationship is one of trust.Problems identified are reported to the appropriate authorities <strong>and</strong> discussed <strong>in</strong> forumswhere these authorities are represented. Serious <strong>and</strong> repeated breaches of the law arereferred to the watchdogs charged with <strong>in</strong>vestigat<strong>in</strong>g such <strong>in</strong>cidents.29


The biggest challenge is determ<strong>in</strong><strong>in</strong>g how to get government officers to do their work <strong>in</strong>exchange for pay or without off-load<strong>in</strong>g their responsibilities on paralegals <strong>in</strong> exchangefor allowed access to the prisons. Collaboration is relatively smooth where there is nomajor problem but where e.g. there is death <strong>in</strong> the prison due to neglect, thecollaboration is stra<strong>in</strong>ed. Often, at such times, the paralegals are ordered to restrictthemselves to their m<strong>and</strong>ate. The system is not fully open to reform <strong>and</strong> officials usuallyfall back to repressive laws <strong>and</strong> policies when it suits them. Nonetheless, prisons havebeen more open than the judiciary <strong>and</strong> the police. The latter keep question<strong>in</strong>g the teamof <strong>CSO</strong>s where they get their legitimacy from <strong>and</strong> quote the Prison’s Act, which doesn’tallow access. Another drawback is that certa<strong>in</strong> officers will try to <strong>in</strong>crim<strong>in</strong>ate paralegals.Another challenge is due to the fact that a lot of this work is purely dependent ongoodwill especially at the higher level. However, there is usually no recognition fromofficials at the lower ranks. Many of these <strong>in</strong>sist that where there has been no priornotification from paralegals, there can be no entry <strong>in</strong>to prisons. Nonetheless, LRFma<strong>in</strong>ta<strong>in</strong>ed that this project was a partnership <strong>and</strong> cont<strong>in</strong>uously referred to the orig<strong>in</strong>alagreement that created the space for the work to proceed. When the project begun, LRFmade it clear that all the actors <strong>in</strong>volved, <strong>in</strong>clud<strong>in</strong>g the AG, Commissioners, Police <strong>and</strong>Prosecutors, must see this as their project. Initially, the officials from the governmentagencies sent their representatives to attend meet<strong>in</strong>gs but as time went by, it was clearthat there was no <strong>in</strong>stitutional support afforded to their role <strong>in</strong> the project as therepresentatives would constantly be transferred to other departments, only to bereplaced by new ones who did not have much <strong>in</strong>formation regard<strong>in</strong>g the project. ThePrison Service has not yet <strong>in</strong>stitutionalized the reform i.e. they have not identified onefocal po<strong>in</strong>t for reform. There is no process <strong>in</strong> place to ensure cont<strong>in</strong>uity <strong>and</strong> that thereform is susta<strong>in</strong>able beyond the term of an <strong>in</strong>dividual’s service <strong>in</strong> office.The Probation Department also reiterates that there is also no clear operational m<strong>and</strong>ateregard<strong>in</strong>g the collaboration. Past adm<strong>in</strong>istrations did not have any guidel<strong>in</strong>es on how togo about such collaborations so it was left to the whim of whoever was at the top of thegovernment agency at that time. If there was a specific or general policy that enabled theDepartment to say ‘We are allowed to work <strong>in</strong> this direction”, it would be very helpful.This is particularly necessary especially <strong>in</strong> the area of aftercare where the Department iswork<strong>in</strong>g on the basis of an arrangement with the Prison’s Department as most of thework is with<strong>in</strong> the latter’s docket. However, a clear legal framework would enable theDepartment to work with more civil society organizations.Another challenge faced by the Probation Department is figur<strong>in</strong>g how to get other civilsociety actors to work with the Department because under the GJLOS program, throughwhich this <strong>in</strong>itiative is funded, the Department does not have any direct relationshipwith civil society. It is up to the central government to fund the Department’s activities.The civil society partners have learnt through work<strong>in</strong>g with the government on thisproject is that the crim<strong>in</strong>al justice system is slowly improv<strong>in</strong>g. Hopefully, it will be ableto reorient itself sufficiently to be responsive to the needs of vulnerable groups, withouta third party <strong>in</strong>terven<strong>in</strong>g. They have also learnt that government officers th<strong>in</strong>k <strong>and</strong> actdifferently. In the presence of senior officials, lower cadre officials can be very30


esponsive. The question is, how do you keep the reform agenda predictable across theboard? LRF offers the follow<strong>in</strong>g suggestions:First, if you would like to br<strong>in</strong>g about reform, you cannot target one department orgovernment agency. There are no st<strong>and</strong>ards that exist across the board of the e.g.crim<strong>in</strong>al justice system. You need to target all those <strong>in</strong>volved to ensure that the reform ismore holistic. Second, if you negotiate for space <strong>and</strong> draw up an agreement ofcollaboration, then you are able to make progress even when an <strong>in</strong>dividual officialleaves his office. Third, visit the officers. While ensur<strong>in</strong>g that middle <strong>and</strong> junior officerscan see the immediate repercussions for violations, seek to educate them so that they cansee the benefits of the project. Fourth, let the civil society keep <strong>in</strong> touch with theirmonitor<strong>in</strong>g/watch-dog role. Let them <strong>in</strong>form the government where some of thereforms are not roll<strong>in</strong>g down to the target beneficiaries.Mr. Clemet Okech of the Probation Department offers the follow<strong>in</strong>g advice to those<strong>in</strong>terested <strong>in</strong> work<strong>in</strong>g with government: “Civil society organizations should not fearwork<strong>in</strong>g with the government. The government has changed gradually <strong>and</strong> it is nowmore open. Work<strong>in</strong>g with the government actually leads to work<strong>in</strong>g directly with <strong>and</strong>for the people. In case someth<strong>in</strong>g is be<strong>in</strong>g done wrong by the government, the best wayto address it is to seek to collaborate with the government to enable it to do it well.Otherwise st<strong>and</strong><strong>in</strong>g back <strong>and</strong> merely criticiz<strong>in</strong>g government does a disservice to thepeople. I would urge <strong>CSO</strong>s that are do<strong>in</strong>g similar or related work to come <strong>and</strong> workwith the government. As it is, government does not have sufficient resources butthrough collaborations, the resources can go so much further <strong>and</strong> more can be achieved.People will be served so much better that way”.3. AMREF’S COLLABORATION WITH GOVERNMENT AND OTHER <strong>CSO</strong>s INKENYA:AMREF is an <strong>in</strong>ternational Health Organization with a huge base <strong>in</strong> Africa. It is thelargest African based health organization. Started <strong>in</strong> 1957 by Fly<strong>in</strong>g Doctors Society, ithas s<strong>in</strong>ce evolved <strong>in</strong>to a giant organization across the region. It has 60 projects <strong>in</strong> <strong>Kenya</strong>alone; a huge show<strong>in</strong>g <strong>in</strong> Ug<strong>and</strong>a, Tanzania, Ethiopia, South Africa, Somalia <strong>and</strong>Southern Sudan.AMREF is a key player <strong>in</strong> capacity build<strong>in</strong>g for health related programmes <strong>in</strong> the wholeof Africa. There is a variety of programmes offered for students from all over Africa:Diploma <strong>in</strong> Community Health <strong>and</strong> 17 short courses that attract even people fromAmerica, Asia <strong>and</strong> Europe.Accord<strong>in</strong>g to Ms. Mette Kjaer, AMREF’s Country Director, its greatest s<strong>in</strong>gle successtodate is perhaps ability to identify <strong>and</strong> forge viable collaborations with like m<strong>in</strong>dedpartners - <strong>Government</strong>, Donor Organizations, Civil Society Organizations <strong>and</strong>Corporate community – to jo<strong>in</strong>tly <strong>in</strong>itiate, develop <strong>and</strong> implement programmes for thebenefit of vulnerable members of the community. She <strong>in</strong>dicated that some of the mostthriv<strong>in</strong>g collaborations were to be found <strong>in</strong> Eastern, Riftvalley, Nyanza <strong>and</strong> Western31


prov<strong>in</strong>ces, where AMREF has operated over a long period of time. She was particularlyimpressed with the ‘Maanisha’ HIV/Aids programme <strong>in</strong> the Lake Victoria Region aswell as the Busia Child Survival Project where jo<strong>in</strong>t efforts of the government, various<strong>CSO</strong>s <strong>and</strong> the community had solid impacts of collaboration.On the strength of this <strong>in</strong>formation, the study team ventured <strong>in</strong>to an <strong>in</strong>-depth look of thenature of the collaborations under AMREF’s Lake Victoria Bas<strong>in</strong> ‘Maanisha’ HIV/Aids<strong>and</strong> the Busia Child Survival projects <strong>and</strong> files the follow<strong>in</strong>g report.The Lake Victoria Region (LVR) ‘Maanisha’ HIV/Aids Control Project:A volunteer based <strong>in</strong> Maanisha’s Kisumu office, Ms Cather<strong>in</strong>e Ndege, expla<strong>in</strong>s the termas Swahili for ‘giv<strong>in</strong>g mean<strong>in</strong>g to life’, but more technically the word is used to mean‘Underst<strong>and</strong><strong>in</strong>g <strong>and</strong> address<strong>in</strong>g Cross Cutt<strong>in</strong>g Issues [CCIs] <strong>in</strong> the spread <strong>and</strong> impact ofHIV/Aids <strong>in</strong> the Lake Victoria Region of <strong>Kenya</strong>’.Mr. A. Kombo, the Project Manager, describes the rationale of this project as promot<strong>in</strong>g‘Community Focused Initiatives to Control HIV AIDS’. Accord<strong>in</strong>g to Kombo, the projectfaces the follow<strong>in</strong>g challenges:♦ Ensur<strong>in</strong>g optimal risk reduction <strong>in</strong> uncerta<strong>in</strong> <strong>CSO</strong> environment is a dem<strong>and</strong><strong>in</strong>g task• Quality assurance <strong>and</strong> monitor<strong>in</strong>g of several groups is problematic• Vary<strong>in</strong>g capacity levels among groups - difficulty <strong>in</strong> address<strong>in</strong>g the many uniqueneeds• Lack of appreciation for the value of report<strong>in</strong>g• Competition for coord<strong>in</strong>ation between NACC <strong>and</strong> MOH structures at district leveldue to accompany<strong>in</strong>g benefits such as allowances• Application of CCI is a new <strong>and</strong> not widely understood concept• CCI ma<strong>in</strong>stream<strong>in</strong>g requires along time to generate results• CCI are difficult to measure quantitatively• Some CCIs have a political dimension e.g. women’s rights <strong>and</strong> thus require a highlevel of transformative process.Lessons learnt• Involvement of GOK staff [CACCs] <strong>in</strong> tra<strong>in</strong><strong>in</strong>g <strong>and</strong> monitor<strong>in</strong>g of <strong>CSO</strong>s improvesthe relationship between the two groups. This is important for supervision,monitor<strong>in</strong>g <strong>and</strong> future cont<strong>in</strong>uity• Expos<strong>in</strong>g grassroots <strong>CSO</strong>s <strong>in</strong> national/government strategies <strong>and</strong> guidel<strong>in</strong>es cansignificantly <strong>in</strong>fluence their activities <strong>and</strong> reshape them towards national efforts.• Participation of vulnerable groups lead to better underst<strong>and</strong><strong>in</strong>g <strong>and</strong> acceptance ofCCIs• Involv<strong>in</strong>g the custodians of culture such as community leaders improves localappreciations of CCIs <strong>and</strong> enhances targeted programm<strong>in</strong>g• Operations research is necessary to <strong>in</strong>form strategies for ma<strong>in</strong>stream<strong>in</strong>g CCIs <strong>in</strong>HIV/AIDS <strong>in</strong>terventions32


Further Interviews:Out of the 29 <strong>CSO</strong>s <strong>in</strong> Busia district supported under the ‘Maanisha’ Programme the<strong>in</strong>terview team r<strong>and</strong>omly picked on one – Busia Young Men Christian Association(YMCA).Busia Young Men Christian Association;Accord<strong>in</strong>g to the Programme Manager, Mr. Johnson Ma<strong>in</strong>a, Busia YMCA is a FaithBased Organization whose mission is to develop body, m<strong>in</strong>d <strong>and</strong> soul of young people.To this effect, the organization has a school <strong>and</strong> a number of sport<strong>in</strong>g programmes<strong>in</strong>clud<strong>in</strong>g Basketball, Karate, Soccer <strong>and</strong> Drama group.Says Mr. Ma<strong>in</strong>a, ‘although the organization is not for profit, it <strong>in</strong>itiates a number ofprojects to susta<strong>in</strong> itself. It also writes proposals to donors for further support. One ofsuch supporters is AMREF under the Maanisha Programme’.A volunteer with the organization, Mr. John Wamukoya adds, ‘Busia YMCA wrote aproposal to AMREF Maanisha Programme which was funded to the tune of Kshs.677,900. With these funds the organization managed to support youth activities:sport<strong>in</strong>g activities; youth education on prevention of HIV/Aids <strong>and</strong> peer education.Further the money was used <strong>in</strong> support<strong>in</strong>g PLWHAs <strong>and</strong> orphans. 20 PLWHAs weregiven nutritional support <strong>and</strong> counsel<strong>in</strong>g while 40 orphans <strong>in</strong> primary schools weresupported <strong>and</strong> fees paid for 8 students <strong>in</strong> secondary schools’.He cont<strong>in</strong>ues, ‘The organization also tra<strong>in</strong>ed PLWHAs <strong>and</strong> volunteers on IncomeGenerat<strong>in</strong>g activities <strong>in</strong> an effort to support them <strong>in</strong> start<strong>in</strong>g small scale <strong>in</strong>comegenerat<strong>in</strong>g projects’.Busia YMCA received further support from Maanisha Programme <strong>in</strong> the form ofcapacity build<strong>in</strong>g. Four members of the organization were tra<strong>in</strong>ed on report <strong>and</strong>proposal writ<strong>in</strong>g as well as <strong>in</strong> f<strong>in</strong>ancial management. Another 14 volunteers weretra<strong>in</strong>ed as Tra<strong>in</strong>ers (ToTs) on Home Based Care <strong>and</strong> another 20 tra<strong>in</strong>ed <strong>in</strong> <strong>in</strong>comegeneration.Other collaborators:Mr. Ma<strong>in</strong>a names other key collaborators as Busia MOH which provides facilitators <strong>and</strong>materials dur<strong>in</strong>g tra<strong>in</strong><strong>in</strong>gs as well as follow ups <strong>in</strong> home based care; the Prov<strong>in</strong>cialAdm<strong>in</strong>istration which supports <strong>in</strong> community mobilization dur<strong>in</strong>g support activities<strong>and</strong> identify<strong>in</strong>g the needy; <strong>and</strong> the Constituency Aids Control Committee (CACC)which monitors Maanisha Programme <strong>and</strong> provides Information, Education <strong>and</strong>Communication (IEC) materials.OutcomesAccord<strong>in</strong>g to Mr. Ma<strong>in</strong>a, the Programme has:• Enabled the delivery of organizational Vision Mission <strong>and</strong> Goals; <strong>and</strong> has made itmore visible <strong>in</strong> the community;33


• Made significant impact on PLWHAs, orphans <strong>and</strong> the care givers; a good exampleis <strong>in</strong> <strong>in</strong>stances where PLWHAs have started small but viable bus<strong>in</strong>esses to supporttheir familiesChallenges:There are many challenges <strong>in</strong> the partnership:• Delay <strong>in</strong> fund<strong>in</strong>g has meant delay <strong>in</strong> implementation of planned activities• Dem<strong>and</strong> generated <strong>in</strong> the community has far outstripped the resources available• Some of the concepts such as Cross Cutt<strong>in</strong>g Issues are not easily understood bypartner <strong>CSO</strong>s, mak<strong>in</strong>g it difficult to dissem<strong>in</strong>ate them.Lessons LearntOne of the major lessons is that <strong>CSO</strong>s need to go beyond just h<strong>and</strong>outs <strong>and</strong> look at moresusta<strong>in</strong>able <strong>in</strong>terventions such as improvement of food security <strong>and</strong> IGAs. Secondlycommunities should come up with systems of support<strong>in</strong>g post primary education suchas endowment fund, bursary schemes <strong>and</strong> so forth because many needy students willotherwise not go to school.Busia Child Survival ProjectMr. Wangalwa feels very strongly about collaboration between different partners. ‘Ithelps avoid duplication of effort <strong>and</strong> <strong>in</strong>creases access to services. For example AMREFdoes not provide Anti-Retroviral (ARVs) but works closely with MSF Spa<strong>in</strong> thatprovides drugs to patients <strong>in</strong> need of such medication where we work’.‘Furthermore’, he cont<strong>in</strong>ues, ‘little will be achieved without collaboration because it iscostly to set up parallel health structures <strong>and</strong> facilities, equipments <strong>and</strong> humanresources. MOH <strong>and</strong> other partners already have these resources; the community hasmanpower <strong>and</strong> local know how, why photocopy?’.And he says that ‘the beneficiaries are not only aware but also quite excited about thecollaboration between MOH, AMREF <strong>and</strong> the community <strong>in</strong> health service delivery’.Mr. Wangalwa cites a case where, after public health awareness baraza, one local leaderremarked: ‘We thank AMREF for <strong>in</strong>itiat<strong>in</strong>g this unique approach of projectimplementation that fully <strong>in</strong>volves members of the community <strong>in</strong> all stages. We haveseen our local people do<strong>in</strong>g th<strong>in</strong>gs that were thought to be understood only by tra<strong>in</strong>ednurses <strong>and</strong> outsiders!’.He further says that it is only through collaboration <strong>and</strong> network<strong>in</strong>g that a system ofdecision mak<strong>in</strong>g process can be based on empirical evidence. ‘For <strong>in</strong>stance, based on<strong>in</strong>formation gathered from the community, tra<strong>in</strong><strong>in</strong>g can be tailor made to address theneeds’. He faults the current decision mak<strong>in</strong>g at the DHMT that is based on <strong>in</strong>formationfrom health facilities, dismiss<strong>in</strong>g it as under report<strong>in</strong>g. ‘Take the case of people who goto hospital: only those who have the need <strong>and</strong> can afford! Many other people go totraditional healers <strong>and</strong> no one reports this. The chiefs collect data on births <strong>and</strong> deaths<strong>and</strong> remit this <strong>in</strong>formation to registrar of births <strong>and</strong> deaths, <strong>in</strong>formation that may not getto the MOH. This often results <strong>in</strong> under report<strong>in</strong>g of morbidity <strong>and</strong> mortality trends’.34


A well thought out collaboration is often all-<strong>in</strong>clusive <strong>and</strong> sets <strong>in</strong> motion an exit strategythat ensures cont<strong>in</strong>uity of activities after certa<strong>in</strong> supporters phase out. Many <strong>CSO</strong>s,especially NGOs, have been accused of ‘ab<strong>and</strong>on<strong>in</strong>g’ their beneficiaries withoutstrategies of ensur<strong>in</strong>g susta<strong>in</strong>ability of <strong>in</strong>itiated projects <strong>and</strong> activities, which frequentlycollapse straight away.He concludes that collaborations generally ensure that goods <strong>and</strong> services reach thegreatest number of people with<strong>in</strong> the widest spread <strong>in</strong> the cheapest manner possible.Challenges faced dur<strong>in</strong>g collaborationDespite the obvious merits of collaboration between government <strong>and</strong> <strong>CSO</strong>s, there are anumber of glar<strong>in</strong>g challenges as seen by the AMREF Busia Project staff.One of the most conspicuous of all challenges is the of question oppos<strong>in</strong>g responsibilitiesbetween <strong>CSO</strong> <strong>and</strong> government staff. While government staff may be required to performcerta<strong>in</strong> duties for the collaboration, the same staff has equally pert<strong>in</strong>ent coreresponsibilities for their employer, which br<strong>in</strong>gs <strong>in</strong> the issue of availability ofgovernment staff. Matters are not helped by the current shortage of personnel with<strong>in</strong> them<strong>in</strong>istry.Expectations from the different partners are more often than not too high. Communityvolunteers, especially CHWs dem<strong>and</strong> salaries, cit<strong>in</strong>g heavy toll on their time;government personnel dem<strong>and</strong> salaries or allowances for participat<strong>in</strong>g <strong>in</strong> thepartnerships; donors dem<strong>and</strong> more time with government personnel than realisticallypossible; <strong>and</strong> the beneficiaries dem<strong>and</strong> immediate <strong>and</strong> tangible results or benefits.The very def<strong>in</strong>ition of quality of services to be provided is seen differently by differentpartners. The community for <strong>in</strong>stance looks at quality of health services as <strong>in</strong>crease <strong>in</strong>the supply of drugs; the DHMT will talk of enhanc<strong>in</strong>g level of health <strong>in</strong>formation whiledonors are more concerned with others issues such as coverage, accountability <strong>and</strong>transparency. F<strong>in</strong>d<strong>in</strong>g a middle ground often calls for dialogue <strong>and</strong> underst<strong>and</strong><strong>in</strong>gwhich may not be easy.Reconcil<strong>in</strong>g the <strong>CSO</strong> goals <strong>and</strong> objectives, which are often divergent, to comply withthose of the partnership is always challeng<strong>in</strong>g. This is because most <strong>CSO</strong>s operate with<strong>in</strong>rigid guidel<strong>in</strong>es - dist<strong>in</strong>ct geographical locations, under specific objectives <strong>and</strong> with<strong>in</strong>def<strong>in</strong>ed time frames. This makes it difficult for most <strong>CSO</strong>s to be flexible <strong>and</strong> responsiveto the needs of the collaborations.Different partners move at different pace. Whereas most <strong>CSO</strong>s expect to move withspeed to implement planned activities, the government counterparts are often slow dueto bureaucratic procedures <strong>and</strong> practices, a situation that often delays implementation.Furthermore different partners <strong>in</strong> the collaboration tend to have varied levels ofcommitment <strong>and</strong> motivation, largely depend<strong>in</strong>g on their expectations. <strong>Government</strong>morale is almost always low, cit<strong>in</strong>g low compensation <strong>and</strong> remuneration, <strong>and</strong> <strong>in</strong>dicat<strong>in</strong>gthat <strong>CSO</strong>s are over rewarded for their overrated efforts. There are often undertones from35


the government that most <strong>CSO</strong> personnel are ill qualified for their positions, <strong>and</strong> thatsome promote certa<strong>in</strong> activities for <strong>in</strong>dividual ga<strong>in</strong>s, rais<strong>in</strong>g questions of transparency<strong>and</strong> accountability.The issue of susta<strong>in</strong>ability of programmes is always problematic <strong>and</strong> recurr<strong>in</strong>g matter.Runn<strong>in</strong>g certa<strong>in</strong> programmes is costly <strong>and</strong> <strong>in</strong>volves massive use of resources. Thegovernment may not always have this amount of resources to spend <strong>in</strong> a def<strong>in</strong>ed area,usually a small focus area, <strong>and</strong> may thus not cont<strong>in</strong>ue activities when ma<strong>in</strong> supporterleaves.Lesson learnt:• Engag<strong>in</strong>g all partners <strong>in</strong> all stages of decision mak<strong>in</strong>g process w<strong>in</strong>s theparticipation, support <strong>and</strong> recognition by all <strong>and</strong> results <strong>in</strong> more susta<strong>in</strong>ableprogrammes• Shar<strong>in</strong>g of knowledge <strong>and</strong> <strong>in</strong>formation results <strong>in</strong> better solutions dur<strong>in</strong>gplann<strong>in</strong>g <strong>and</strong> assists <strong>in</strong> <strong>in</strong>terventions that address the real needs <strong>and</strong> aspirationsof all partners• The hitherto perceived animosity <strong>and</strong> mistrust between government <strong>and</strong> <strong>CSO</strong>sappears to be giv<strong>in</strong>g way to dialogue <strong>and</strong> transparency which is a prerequisite torelationship build<strong>in</strong>g for the benefit of the less fortunate <strong>in</strong> society.• Collaboration is the way to go despite its challenges because it makes best use ofresources <strong>and</strong> materials, <strong>and</strong> maximizes delivery of services.• <strong>CSO</strong>s have learnt to work together among themselves with less suspicion <strong>and</strong>competition <strong>and</strong> have accepted the government as a key player <strong>and</strong> facilitator <strong>in</strong>development.Busia District HospitalIn Busia District Hospital, the study team had opportunity to simultaneously <strong>in</strong>terviewMr. James Kwiya, the District Health Records <strong>and</strong> Information Officer (DHRIO) <strong>and</strong> theDistrict Public Health Nurse (DPHN), Ms Rosel<strong>in</strong>e Oboya.Accord<strong>in</strong>g to Mr. Kwiya, the hospital collaborates with different governmentdepartments as well the <strong>CSO</strong>s <strong>and</strong> the community <strong>in</strong> the field. ‘We work <strong>in</strong> closecollaboration with DSDO, MOE, DDO, MOA, DSO, DC <strong>and</strong> other related departmentsto implement health activities. This is because the m<strong>in</strong>istry treats health as a crosscutt<strong>in</strong>g issue that has a bear<strong>in</strong>g on all other sectors. And of course we have strongpartnerships with NGOs, CBOs <strong>and</strong> not least the communities. We really embracecollaborations.’‘The most active collaborators <strong>in</strong> the NGO sector’ <strong>in</strong>terjects Ms. Oboya, ‘<strong>in</strong>clude AMREF,MSF Spa<strong>in</strong>, AMPATH, APHIA II, World Vision, <strong>and</strong> Population Services Internationalamong others. Each of these organizations complements MOH <strong>in</strong> various dist<strong>in</strong>ct ways’.MSF Spa<strong>in</strong> for example, supports activities <strong>in</strong> HIV/Aids: Provision of ARVs; hiresadditional staff to support MOH; supports Comprehensive Care Centres formanagement of HIV patients; <strong>and</strong> builds capacity of MOH staff. MOH on the other h<strong>and</strong>36


provides human resources <strong>and</strong> expertise, space <strong>and</strong> government facilities <strong>and</strong> is<strong>in</strong>volved <strong>in</strong> MSF staff recruitment.PSI is very active <strong>in</strong> the provision of Long Last<strong>in</strong>g Insecticide Treated Nets (LLITNs)especially for pregnant mothers <strong>and</strong> under fives.Accord<strong>in</strong>g to Mr. Kwiya, AMREF Busia is the most visible <strong>and</strong> active collaborator. It isthe bra<strong>in</strong>s beh<strong>in</strong>d the jo<strong>in</strong>t plann<strong>in</strong>g <strong>and</strong> implementation committee that br<strong>in</strong>gs togethervarious government departments <strong>and</strong> health organizations <strong>in</strong> the district to design <strong>and</strong>implement health activities. Further, it builds capacity of MOH from districtmanagement to the community level. It is active <strong>in</strong> supply of hospital equipments suchas delivery sets, autoclaves, blood pressure mach<strong>in</strong>es, fridges, <strong>and</strong> microscopes. Besides,it is <strong>in</strong>volved <strong>in</strong> renovat<strong>in</strong>g health facilities, tra<strong>in</strong><strong>in</strong>g shopkeepers on dispens<strong>in</strong>g antimalarialdrugs, supply of nets as well as streaml<strong>in</strong><strong>in</strong>g Community Based HealthManagement Information Systems (CBHMIS) where <strong>in</strong>formation generated at thecommunity level flows through the system (from Community, Dispensary, HealthCentre, District, sub district <strong>and</strong> Mission hospitals) to the district coord<strong>in</strong>at<strong>in</strong>g level.The government on the other h<strong>and</strong> provides human resources <strong>and</strong> expertise, staticfacilities, used as resource persons dur<strong>in</strong>g AMREF tra<strong>in</strong><strong>in</strong>gs at all levels <strong>and</strong> providesthe framework to implement CBHMIS as well as legitimacy.Benefits of collaboration:Both Kwiya <strong>and</strong> Oboya agree that the spirit of collaboration should be nurtured furtherbecause it has resulted <strong>in</strong> visible results that none of the partners could have<strong>in</strong>dividually managed. They are unanimous that collaboration has:• Enabled the actors to reach more clients especially dur<strong>in</strong>g campaigns such asimmunizations, where the strongest comb<strong>in</strong>ation of skill <strong>and</strong> resources has beenused.• Comb<strong>in</strong>ed efforts have <strong>in</strong>creased awareness <strong>in</strong> the community on health servicesprovided as well as health <strong>in</strong>formation• Increased the number of facilities <strong>and</strong> equipmentsChallenges:Oboya <strong>and</strong> Kwiya readily concede that collaborations are bedeviled with numerousconstra<strong>in</strong>ts. They cite some of them as:• Compet<strong>in</strong>g tasks where government staff is expected to perform otherresponsibilities from partners on top of their core duties from the m<strong>in</strong>istry. Thisis worsened by the fact that the government staff is less well facilitated <strong>in</strong> termsof resources.• Many partners are seen by government as be<strong>in</strong>g <strong>in</strong>flexible: only be<strong>in</strong>g able tooperate <strong>in</strong> certa<strong>in</strong> geographical areas (Bundalangi division only); support onlyspecific activities (can only provide nets, are only allowed to do capacitybuild<strong>in</strong>g); operate with<strong>in</strong> limited time frames only (for three years only); <strong>and</strong>specific targets (visually impaired people only).• <strong>Government</strong> staff who get directly <strong>in</strong>volved <strong>in</strong> the implementation of partnerprogrammes are see to have more <strong>in</strong>centives <strong>and</strong> are coveted by other staff. Such37


staff has been known to enjoy benefits like specialized tra<strong>in</strong><strong>in</strong>g often abroad, topups <strong>and</strong> other tokens.• Understaff<strong>in</strong>g <strong>and</strong> regular transfers with<strong>in</strong> the government sett<strong>in</strong>g are seen todisrupt partnerships as some highly tra<strong>in</strong>ed staff may be moved away to areaswhere there are no such collaborations. Tra<strong>in</strong><strong>in</strong>g new staff to acquire these skillsmay be very expensive <strong>in</strong> terms of money <strong>and</strong> time.• All partners have not uniformly addressed the question of communityvoluntarism systems. This leaves a situation where some partners are moreattractive to volunteers than others because the reward the volunteers. Thissituation should be harmonized as it affects susta<strong>in</strong>ability of community projects.Busia District Social Development office:The Busia DSDO, Ms. Margaret Ojago, confirms that AMREF Busia Project is one of theseveral <strong>CSO</strong>s that are quite visible <strong>and</strong> transparent <strong>in</strong> their operations. She names otheractive players <strong>in</strong> the district as MSF Spa<strong>in</strong>, World Food Programme, Christian Children’sFund, <strong>Kenya</strong> Orphans Development Programme, World Vision <strong>and</strong> Population ServicesInternational.She laments, however, that ‘While Busia district is said to have over 400 NGOs, most ofthem are shrouded <strong>in</strong> the culture of secrecy; they never file returns or share <strong>in</strong>formationwith any one. Many of them are known to be briefcase NGOs, whose founders are onlybent on enrich<strong>in</strong>g themselves’.Commend<strong>in</strong>g further on Busia AMREF’s contributions, Ojango says ‘It has established adistrict health committee that br<strong>in</strong>gs together different government departments <strong>and</strong>other <strong>CSO</strong>s <strong>in</strong>volved <strong>in</strong> health to plan <strong>and</strong> implement health issues. We are happy to beactive participants <strong>in</strong> that committee as we know who is do<strong>in</strong>g what health activity <strong>in</strong>which area under whose support’.She further expla<strong>in</strong>s that AMREF is active <strong>in</strong> prevention of malaria <strong>and</strong> HIV/Aids <strong>in</strong>Butula <strong>and</strong> Bunyula divisions where it is <strong>in</strong>volved <strong>in</strong> a whole range of activities. It alsohelps <strong>in</strong> strengthen<strong>in</strong>g the District Health Management Team to deliver health servicesto the community more efficiently.Ms. Ojago gives some of the advantages of collaboration as <strong>in</strong>formation shar<strong>in</strong>g, pull<strong>in</strong>gresources together, driv<strong>in</strong>g <strong>in</strong> the same direction to make the burden lighter, <strong>and</strong>describes it as the only effective way of fight<strong>in</strong>g poverty.Challenges:Say<strong>in</strong>g that the challenges are many <strong>and</strong> enormous, she picks the most conspicuous as:secrecy, competition for resources among partners, high levels of poverty, highdependency rates, <strong>and</strong> mistrust between government <strong>and</strong> some <strong>CSO</strong>s.38


4. HOW NOMADIC COMMUNITIES TRUST (NCT) IS COLLABORATING WITHGOVERNMENT AND OTHER <strong>CSO</strong>s SAMBURU IN DISTRICT:About Nomadic Community Trust (NCT)Walk<strong>in</strong>g <strong>in</strong>to Nomadic Communities Trust office situated with<strong>in</strong> the prestigiousSamburu Safari Lodge, one cannot help wonder<strong>in</strong>g why it was located there <strong>in</strong> the firstplace. Set <strong>in</strong> one of the numerous cottages with<strong>in</strong> the facility, the office is cosy <strong>and</strong>professionally arranged, <strong>and</strong> we soon f<strong>in</strong>d out why.‘This office space was actually donated to us by the owner of the place <strong>in</strong> recognition ofour good services to the community,’ offers the lone member of staff <strong>in</strong> the office. She isMs. Rose Kimanzi, the Programme Officer. ‘The rest of the team is out <strong>in</strong> the field, that’swhere the activities <strong>and</strong> the people are. In fact I am just back from a three-weekexpedition of the district. It takes vehicles, camels <strong>and</strong> walk<strong>in</strong>g to complete it. But theexperience is both humbl<strong>in</strong>g <strong>and</strong> challeng<strong>in</strong>g, with plenty to learn,’ she cont<strong>in</strong>ues.We soon learn, to our astonishment, that CNT is <strong>in</strong> fact not an NGO but a CommunityBased Organization (CBO). For its size <strong>and</strong> budget, this comes as a real shocker <strong>and</strong>revelation. She avers, ‘we are registered under the department of Culture <strong>and</strong> SocialServices as a CBO. We started our operations <strong>in</strong> 2002 <strong>and</strong> cover the whole of Samburu<strong>and</strong> parts of Marsabit district’. As we digest this <strong>in</strong>formation she jogs our m<strong>in</strong>ds, ‘whosaid all organizations must register as NGOs? The important po<strong>in</strong>t is that organizationsserve communities <strong>in</strong> the most efficient <strong>and</strong> susta<strong>in</strong>able manner possible, registrationstatus notwithst<strong>and</strong><strong>in</strong>g! She adds with def<strong>in</strong>ite conviction.She cont<strong>in</strong>ues, ‘Before we phased <strong>in</strong> we seriously thought about a susta<strong>in</strong>able phase outstrategy, <strong>and</strong> decided that the best approach would be to <strong>in</strong>volve <strong>and</strong> collaborate with asmany partners as possible, more particularly with the government <strong>and</strong> other permanentservice delivery structures. So every activity we do is through consultation <strong>and</strong> approvalof key partners’.She further expla<strong>in</strong>s, ‘we exist to take health services to the remotest, underserved <strong>and</strong><strong>in</strong>accessible communities with<strong>in</strong> Samburu district <strong>and</strong> its environs. Be<strong>in</strong>g a health basedorganization obviously our pr<strong>in</strong>cipal collaborator is MOH’.Their activities <strong>and</strong> strategiesAccord<strong>in</strong>g to Ms. Kimanzi, their ma<strong>in</strong> objective is to take general health care services<strong>and</strong> <strong>in</strong>formation to the neediest <strong>and</strong> remotest areas of the district. Their portfolio ofactivities <strong>in</strong>clude: conduct<strong>in</strong>g mobile cl<strong>in</strong>ics; curative treatment; immunizationcampaigns; health <strong>in</strong>formation <strong>and</strong> education; advocacy aga<strong>in</strong>st Female GenitalMutilation (FGM); HIV/Aids education; condom distribution; <strong>and</strong> mobile VCT services.To realize these activities, they use a variety of means – camels, vehicles, bicycles <strong>and</strong>foot. They have been widely recognized <strong>in</strong> the district <strong>and</strong> beyond as unique for be<strong>in</strong>gthe only organization us<strong>in</strong>g camel mobile services to deliver health care services.39


‘This <strong>in</strong>novative approach, says Ms Kimanzi, ‘has raised global <strong>in</strong>terest <strong>and</strong> excitement,particularly from the World Bank. It all started when the Bank requested organizationsto forward proposals on <strong>in</strong>novative ways of serv<strong>in</strong>g the community. Out of over 2000proposals sent from all over the world, NCT was among the 103 that were short listedfor f<strong>in</strong>alists. NCT’s concept of camel mobile refrigeration was featured <strong>in</strong> severalAmerican Magaz<strong>in</strong>es <strong>and</strong> aired through the British Broadcast<strong>in</strong>g Corporation (BBC) forits uniqueness. I will be mak<strong>in</strong>g a presentation on this approach before the World Bankthis May.’NCT is currently work<strong>in</strong>g <strong>in</strong> collaboration with Art College of Design (ACCD) ofCalifornia to design solar panels that will facilitate camel refrigeration. The solar medicalkits will be mounted on camels for use <strong>in</strong> remote areas. Already samples of rack sacksconta<strong>in</strong><strong>in</strong>g solar panels with rechargeable batteries with capacity to charge cell phones<strong>and</strong> Satellite phones have been presented to NCT.Why collaborate <strong>and</strong> with whom?The organization sees collaboration as the strongest basis for susta<strong>in</strong>ability.Collaboration results <strong>in</strong> provision of technical <strong>and</strong> material assistance as well as shar<strong>in</strong>gof the needs of the people <strong>and</strong> their location. Further, collaboration leads to the holisticownership of the achievements of the <strong>in</strong>terventions by the government <strong>and</strong> all otherparticipants.NCT liaises with different government departments <strong>and</strong> other partners for specificreasons. For <strong>in</strong>stance it receives direct medical supplies from MOH; the District ARVNurse is important for provision of ARV <strong>in</strong>formation as well as strengthen<strong>in</strong>g of referralsystems (cases from NCT are referred directly to specific <strong>in</strong>dividuals for specialattention); the DASCO is responsible for compilation of VCT codes; the DistrictNutritionist provides support <strong>in</strong> tra<strong>in</strong><strong>in</strong>g vulnerable groups of PLWHAs on <strong>in</strong>novat<strong>in</strong>glocally available but nutritious sources of food to improve their health status.Through the M<strong>in</strong>istry of Education teachers are used to dissem<strong>in</strong>ate HIV/Aidseducation focus<strong>in</strong>g on abst<strong>in</strong>ence, formation of abst<strong>in</strong>ence clubs, distribution of onHIV/Aids <strong>in</strong>formation <strong>and</strong> <strong>in</strong> the quality control of services <strong>and</strong> materials offered byNCT. The Prov<strong>in</strong>cial Adm<strong>in</strong>istration is important for mobilization <strong>and</strong> to facilitateuptake <strong>and</strong> ownership of programmes, as well as help<strong>in</strong>g identify community resourcepersons who are acceptable <strong>in</strong> the community, help <strong>in</strong> plann<strong>in</strong>g <strong>and</strong> provide feedback tohelp streaml<strong>in</strong>e programmes.The DDO is important for <strong>in</strong>formation shar<strong>in</strong>g, especially because health is a crosscutt<strong>in</strong>g issue that affect other sectors of development <strong>and</strong> also as a member of theDistrict Technical Committee; the DSDO is the regulat<strong>in</strong>g body, advises on groupdynamics <strong>and</strong> provides legitimacy; while the DIO is responsible for <strong>in</strong>corporat<strong>in</strong>g allreports <strong>in</strong>to the publication of district reports.Other collaborators <strong>in</strong>clude: Samburu Aids In Africa (SAIDIA) who helps <strong>in</strong> <strong>in</strong>formation<strong>and</strong> experience shar<strong>in</strong>g, referrals <strong>and</strong> l<strong>in</strong>kages as well as mapp<strong>in</strong>g of activities; <strong>and</strong>40


Community Development Empowerment (CODE) who is ma<strong>in</strong>ly a CBD distributor <strong>and</strong>provides VCT counselors.Merits of collaborationMs Kimanzi says the benefits of collaboration are immense: It helps partners to map outareas of operation <strong>and</strong> activities to avoid duplication; helps identify areas of eachpartner’s strength <strong>and</strong> re<strong>in</strong>forces l<strong>in</strong>kages <strong>and</strong> referrals; helps <strong>in</strong> the formulation ofsusta<strong>in</strong>able projects which factor <strong>in</strong> phase out arrangements; <strong>and</strong> encourages crossreferences (MOH may referee NCT to donors).Impact to the communityThrough these collaborative efforts, the community has ga<strong>in</strong>ed by: <strong>in</strong>creased coverage<strong>and</strong> reduction of child mortality; VCT services have been taken to the remotest of areas;reduction <strong>in</strong> stigma related to HIV/aids as a result of door-to-door counsel<strong>in</strong>g <strong>and</strong><strong>in</strong>creased general awareness <strong>in</strong> heath issue.What have been the challenges?Ms Kimanzi quickly cites three: some government personnel perceive collaborations assource of additional <strong>in</strong>comes rather than an effort <strong>in</strong> deliver<strong>in</strong>g susta<strong>in</strong>abledevelopment, they look at <strong>in</strong>dividual ga<strong>in</strong>s rather than collective ga<strong>in</strong>s especially to thebeneficiaries; many <strong>CSO</strong>s are not will<strong>in</strong>g to share their reports with government <strong>and</strong>other partners because they are either not transparent or exist only on paper; <strong>and</strong> thereare many disparities <strong>in</strong> the <strong>CSO</strong>s’ policies, an issue that works aga<strong>in</strong>st the spirit ofpartnership.Lesson learntThat teeth<strong>in</strong>g problems at the <strong>in</strong>ception of collaborations should not deter progressbecause many of them are based on misconceptions. For example some organizationsth<strong>in</strong>k collaboration means <strong>in</strong>terference <strong>in</strong> their operations, especially their f<strong>in</strong>ancial<strong>in</strong>dependence. On the contrary collaborations need not affect adm<strong>in</strong>istrative structures;they should focus on strategies for achiev<strong>in</strong>g deliverables <strong>and</strong> are therefore strength.That collaboration is not competition; it is <strong>in</strong> fact, supplementation or complementationof effort towards achiev<strong>in</strong>g a common general goal say, poverty eradication.The research team then r<strong>and</strong>omly consulted other development partners of NCT tocollaborate this <strong>in</strong>formation. We visited Samburu District Hospital (MOH) <strong>and</strong>Lokiriama Self Help Group.Samburu District HospitalWe <strong>in</strong>troduce ourselves <strong>and</strong> our mission to the Samburu Medical Officer of Health, Dr.Too, who immediately summons the District Public Health Nurse, Mr. James Ikonya.Soon Dr. Too excuses himself to attend to an emergency, leav<strong>in</strong>g us <strong>in</strong> the good h<strong>and</strong>s orMr. Ikonya, an amiable <strong>and</strong> easygo<strong>in</strong>g person.We quickly delve <strong>in</strong>to our topic, enquir<strong>in</strong>g from Mr. Ikonya whether they any work<strong>in</strong>grelationship with Nomadic Community Trust.41


He retorts without hesitation, ‘NCT is <strong>in</strong> fact one of our major collaborators, we liaisefrequently especially on issues of Primary Health Care. We jo<strong>in</strong>tly identify communityhealth needs <strong>and</strong> map out areas <strong>in</strong> the district to cover <strong>and</strong> what activities to conduct’.Further, he cont<strong>in</strong>ues, ‘NCT is very <strong>in</strong>terested <strong>in</strong> HIV/Aids: conduct<strong>in</strong>g mobile VCTservices <strong>in</strong> remote areas <strong>in</strong> the district us<strong>in</strong>g camels; provid<strong>in</strong>g door to door counsel<strong>in</strong>g,advocat<strong>in</strong>g aga<strong>in</strong>st female genital mutilation; provid<strong>in</strong>g general health education <strong>and</strong>immunization. It is recognized all over the district as an active player <strong>in</strong> health with avery unique approach of mobile camels to reach the underserved’.He goes on, ‘While the MOH gets their logistical support to reach the remotest areas, them<strong>in</strong>istry supports NCT by provid<strong>in</strong>g them with drugs, test kits <strong>and</strong> vacc<strong>in</strong>es (coldboxes). The MOH also l<strong>in</strong>ks them to rural health facility staff for support at that level(Health Centres <strong>and</strong> Dispensaries). Other support given by the m<strong>in</strong>istry <strong>in</strong>cludestra<strong>in</strong><strong>in</strong>g of <strong>CSO</strong> staff dur<strong>in</strong>g MOH tra<strong>in</strong><strong>in</strong>g as well as <strong>in</strong>corporat<strong>in</strong>g them <strong>in</strong> the districtquarterly stakeholders meet<strong>in</strong>g where experiences, successes, lessons <strong>and</strong> way forwardare shared’.Accord<strong>in</strong>g to Mr. Ikonya, other <strong>CSO</strong>s <strong>in</strong> the collaboration are SAIDIA, FriendsChurch, Catholic Diocese of Maralal, <strong>and</strong> Lutheran Church.Ga<strong>in</strong>s of the collaborationsMr. Ikonya says the benefits real <strong>and</strong> enormous. The collaboration has helped theplayers to reach the widest possible coverage <strong>in</strong> health aspects even where there are nodirect l<strong>in</strong>ks; while shar<strong>in</strong>g of unique experiences has improved learn<strong>in</strong>g <strong>and</strong> plann<strong>in</strong>g ofbetter <strong>in</strong>terventions.ImpactAccord<strong>in</strong>g to Mr. Ikonya, with<strong>in</strong> the last two years of this collaboration the communityhas benefited immensely. He says that there has been marked improvement <strong>in</strong> servicedelivery: skilled delivery of expectant mothers, for <strong>in</strong>stance, improved from 42% <strong>in</strong> 2005to 79% <strong>in</strong> 2006, an achievement that could be attributed to distribution of disposabledelivery bags to CBOs, NGOs <strong>and</strong> Faith Based Organizations (FBOs) who reach manymothers <strong>in</strong> various parts of the district; immunization coverage improved from 59% <strong>in</strong>2005 to 68% <strong>in</strong> 2006; while HIV/Aids <strong>in</strong>formation <strong>and</strong> services were taken the remotestparts of the district.Ma<strong>in</strong> constra<strong>in</strong>tsThe collaboration has not been without its share of challenges. The <strong>CSO</strong>s priorities areoften determ<strong>in</strong>ed by donors <strong>and</strong> may not agree with community priorities or theidentified collective issues <strong>in</strong> the collaboration. This begs the question, whose prioritiescount?Secondly, supervision <strong>and</strong> coord<strong>in</strong>ation of activities by the m<strong>in</strong>istry is challenge partlydue to staff<strong>in</strong>g issues (government is often under staffed) <strong>and</strong> partly to avoid appear<strong>in</strong>gto police <strong>CSO</strong>s, a situation that may compromise quality of service provision.42


What can one learn from these collaborations?Mr. Ikonya th<strong>in</strong>ks of two: That collaborations reduce workload <strong>and</strong> exp<strong>and</strong> coverage;<strong>and</strong> that they br<strong>in</strong>g out the widest range of experience, expertise <strong>and</strong> resources, <strong>and</strong> theyshould therefore be strengthened.Lokiriama Self Help GroupThis self help group is composed of 60 members, all of them liv<strong>in</strong>g positively withHIV/Aids. We notice that most of PLWHAs are, <strong>in</strong> our estimation, between 20 <strong>and</strong> 45years; are quite healthy look<strong>in</strong>g <strong>and</strong> they appear happy with themselves. After brief<strong>in</strong>troductions we meet Mr. Eric Les<strong>in</strong>tiyo, the Community Resource Person (CRP).Mr. Les<strong>in</strong>tiyo takes over, ‘Through the support of NCT, I attended 45- day tra<strong>in</strong><strong>in</strong>g <strong>in</strong>Nairobi on VCT counsel<strong>in</strong>g. Equipped with these skills – <strong>and</strong> more others courtesy ofNCT, CCF <strong>and</strong> ITDG- I was expected to support the community, especially PLWHAs<strong>and</strong> orphans’.He further expla<strong>in</strong>s his role as: provid<strong>in</strong>g VCT Counsel<strong>in</strong>g <strong>and</strong> test<strong>in</strong>g; sourc<strong>in</strong>g <strong>and</strong>provid<strong>in</strong>g food to PLWHAs; referral system for the bedridden <strong>and</strong> those positive to gofor ARVs, the treatment of opportunistic diseases to specific experts <strong>in</strong> Samburu districthospital; <strong>and</strong> assist<strong>in</strong>g <strong>in</strong> group dynamics.The PLWHAs were advised to own up to the scourge <strong>and</strong> start a susta<strong>in</strong>able project tosupport themselves. They registered their group with Culture <strong>and</strong> Social Services <strong>and</strong>started peer-counsel<strong>in</strong>g activities. Soon ITDG came <strong>in</strong> <strong>and</strong> supported the group throughtra<strong>in</strong><strong>in</strong>g them <strong>in</strong> small scale bus<strong>in</strong>ess management <strong>and</strong> simple book keep<strong>in</strong>g beforegiv<strong>in</strong>g them a revolv<strong>in</strong>g loan fund to the tune of Kshs. 400,000, to be repaid at 10%<strong>in</strong>terest.With this support, all the 60 PLWHAs started small bus<strong>in</strong>esses from which they areearn<strong>in</strong>g a liv<strong>in</strong>g. The bus<strong>in</strong>esses range from groceries, second-h<strong>and</strong> cloth trad<strong>in</strong>g, <strong>and</strong>sale of paraff<strong>in</strong> to water vend<strong>in</strong>g <strong>and</strong> general-purpose kiosks.Mrs. Pheris Lekaratiwa, a widowed- 28- year-old beneficiary volunteers, ‘Before Ireceived counsel<strong>in</strong>g <strong>and</strong> ARVs from NCT I had given up on life. I had been so sickly <strong>and</strong>emaciated, my husb<strong>and</strong> had just passed on <strong>and</strong> I had no one to look up to. You can nowsee me, God works miracles- He sent NCT <strong>and</strong> ITDG to my rescue’.She goes on excitedly, ‘Just when I was feel<strong>in</strong>g better from medication <strong>and</strong> counsel<strong>in</strong>g,ITDG came call<strong>in</strong>g. I was tra<strong>in</strong>ed <strong>in</strong> small bus<strong>in</strong>ess management <strong>and</strong> book keep<strong>in</strong>g, <strong>and</strong>then given a loan of Kshs. 30,000. Equipped with this knowledge <strong>and</strong> capital, I started asmall boutique <strong>in</strong> Maralal town. The bus<strong>in</strong>ess has exp<strong>and</strong>ed <strong>in</strong>to a big enterprise, <strong>and</strong> Iam now employ<strong>in</strong>g two assistants to help me run it. My life has truly changed for thebetter.’Joseph Kabua’s story, a 40 year-old beneficiary <strong>and</strong> a father of 5 children, is the same. Ireceived similar tra<strong>in</strong><strong>in</strong>g a loan of Kshs. 10,000 from ITDG. I bought a huge water tank. Ihire people to br<strong>in</strong>g water <strong>in</strong> 20 litre jerricans, which I buy at Kshs.2 <strong>and</strong> sell to villagers43


at Kshs. 5 per jerricans. Consider<strong>in</strong>g that I sell over 400 jerricans per day, I cannotcompla<strong>in</strong>’, he concludes with a smile.Mr. Les<strong>in</strong>tiyo takes over, ‘NCT is tak<strong>in</strong>g services to the people rather than peoplecom<strong>in</strong>g for services. It has a way of access<strong>in</strong>g places that the government can rarelyreach’.5. IFAD FRONTED COLLABORATION WITH <strong>CSO</strong>sThe study team researched the <strong>in</strong>ternational Fund for Agricultural Development (IFAD)supported collaboration between government’s <strong>in</strong>ter-departmental partnerships <strong>and</strong><strong>CSO</strong>s <strong>in</strong> the Mt. <strong>Kenya</strong> region (emphasiz<strong>in</strong>g on Natural Resources Management) <strong>and</strong> theCentral <strong>Kenya</strong> Dry Area Project <strong>in</strong> Central prov<strong>in</strong>ce.Mt. <strong>Kenya</strong> East Pilot Project (MKEPP): A Collaborative Effort Towards NaturalResources ManagementProject backgroundSituated about 5 km along the Embu – Meru road, MKEPP is a government project thatwas <strong>in</strong>itiated to pilot Natural Resources Management <strong>in</strong> River Tana bas<strong>in</strong> over a periodof seven years start<strong>in</strong>g from 2004.‘This project was motivated by results of a study conducted on River Tana Bas<strong>in</strong>between 2001 <strong>and</strong> 2002’, says. Ms. Faith Muthoni, the programme Manager. ‘The studyrevealed that <strong>in</strong>creas<strong>in</strong>g destruction of forest cover, <strong>in</strong>appropriate l<strong>and</strong> use practices <strong>in</strong>the farml<strong>and</strong>s <strong>and</strong> overgraz<strong>in</strong>g <strong>in</strong> the pastoral lowl<strong>and</strong>s had triggered <strong>in</strong>creas<strong>in</strong>g soilerosion which cont<strong>in</strong>ued to contribute a high sediment load to the river, its tributaries<strong>and</strong> to the hydroelectric dams. This had decl<strong>in</strong>ed l<strong>and</strong> productivity caus<strong>in</strong>g <strong>in</strong>creasedpoverty to people largely dependent on agriculture for their livelihood. The decreas<strong>in</strong>g<strong>and</strong> fluctuat<strong>in</strong>g waters of river Tana had led to allocation of water resources withpotential to trigger ethnic tensions <strong>and</strong> conflict.’She adds, ‘It was with the desire to <strong>in</strong>tervene <strong>and</strong> reverse this vicious degradation cyclethat MKEPP was conceived <strong>and</strong> formulated by the government follow<strong>in</strong>g which, theInternational Fund for Agricultural Development <strong>and</strong> other donors were approached tosupport the <strong>in</strong>itiative’.MKEPP is thus a seven-year project whose implementation is period is between 2004<strong>and</strong> 2011. The fund<strong>in</strong>g is from IFAD (65.3%), Global Environmental Facility (GEF 18.9%),GOK (6.9%) <strong>and</strong> local community contribution (8.9%)Project objectives <strong>and</strong> TargetThe design of MKEPP is based on the conceptual framework <strong>in</strong> which poverty is clearlyidentified as the core driv<strong>in</strong>g force to environmental degradation, which ultimatelygenerates more poverty. The overall objective of the project is to reduce poverty through44


improved food security <strong>and</strong> <strong>in</strong>come levels of farmers, particularly rural women. This isdone by promot<strong>in</strong>g effective use of natural resources, improv<strong>in</strong>g access to water <strong>and</strong><strong>in</strong>troduc<strong>in</strong>g better farm<strong>in</strong>g <strong>and</strong> water management practices for susta<strong>in</strong>able use of l<strong>and</strong><strong>and</strong> water resources. The project targets about 600,000 people from 136 households whoare considered to be poor <strong>and</strong> are at the risk of slid<strong>in</strong>g deeper <strong>in</strong>to poverty.Project coverageThe project is located <strong>in</strong> an area with dualistic characteristics: one area has highagricultural potential; the other with marg<strong>in</strong>al potential – the arid <strong>and</strong> Semi Arid L<strong>and</strong>s.The project is be<strong>in</strong>g implemented <strong>in</strong> five selected river bas<strong>in</strong>s: Kap<strong>in</strong>gazi <strong>and</strong> Ena (Embudistrict); Tungu <strong>and</strong> Mutonga (Meru South district); Kathita <strong>and</strong> Mutonga (Tharakadistrict); Rup<strong>in</strong>gazi <strong>and</strong> Ena (Mbeere district) <strong>and</strong> Kathita <strong>and</strong> Kathenu (Meru Central).These river bas<strong>in</strong>s were selected because: they have high concentrations of poor people;high perennial flow; high number of abstractions with high water use <strong>in</strong>efficiencies; theyover diverse ecological zones; traverse a number of districts; <strong>and</strong> have diverse use ofwater <strong>in</strong>clud<strong>in</strong>g domestic, irrigation, heavy <strong>and</strong> low consumption.Project uniquenessAccord<strong>in</strong>g to Ms. Muthoni, this <strong>in</strong>itiative is dist<strong>in</strong>ctive because of: its project focus(Natural Resources Management – degradation of natural resources is underm<strong>in</strong><strong>in</strong>g thelivelihoods <strong>and</strong> future of opportunities of a large number of poor people); itsimplementation approach (a blend of top-down <strong>and</strong> bottom-up approaches <strong>in</strong> plann<strong>in</strong>g,implementation, monitor<strong>in</strong>g <strong>and</strong> evaluation that ensure both policy focus <strong>and</strong> takecognizance of local community priorities <strong>and</strong> susta<strong>in</strong>ability – plans must <strong>in</strong>corporateCommunity Action Plans (CAPs) derived from Participatory Rural Appraisals (PRAs)<strong>and</strong> must be technologically <strong>in</strong>novative, learn from past experiences <strong>and</strong> up scal<strong>in</strong>g ofsuccesses; its river bas<strong>in</strong> approach that that takes water as the entry po<strong>in</strong>t to becauseavailability of good quality <strong>and</strong> quantity of water determ<strong>in</strong>es the developmentmanagement of natural resources.Project componentsThe project has five major components: Water Resource Management; EnvironmentalConservation; Rural livelihoods; Community Empowerment; <strong>and</strong> project management<strong>and</strong> coord<strong>in</strong>ation. While all these components are important, greater emphasis is oncommunity empowerment- where local communities are facilitated through their CBOs<strong>and</strong> groups to form River Waters <strong>and</strong> Water Users Associations, supported toimplement <strong>in</strong>novative community <strong>in</strong>itiatives <strong>and</strong> tra<strong>in</strong>ed on identified needs tostrengthen them to take charge of their own development processes. The component ofRural Livelihoods is designed to <strong>in</strong>crease food security <strong>and</strong> reduce poverty at thehousehold level through susta<strong>in</strong>able on-farm <strong>and</strong> on <strong>and</strong> off-farm <strong>in</strong>come generat<strong>in</strong>gactivities. Key activities <strong>in</strong> this component <strong>in</strong>clude tra<strong>in</strong><strong>in</strong>g of farmers on soil <strong>and</strong> waterconservation, soil fertility management, stream bank protection, promotion of agroforestry, improved crops <strong>and</strong> animal husb<strong>and</strong>ry practices, promotion of agro process<strong>in</strong>g<strong>and</strong> value add<strong>in</strong>g <strong>and</strong> support to market<strong>in</strong>g <strong>and</strong> related activities.45


The overall management <strong>and</strong> coord<strong>in</strong>ation of activities is the responsibility of M<strong>in</strong>istryof Water <strong>and</strong> Irrigation, which is the Lead Project Agency (LPA), while dailyimplementation is under a Project Management Unit <strong>and</strong> a secretariat which isresponsible for implementation of policies <strong>and</strong> ensur<strong>in</strong>g establishment <strong>and</strong> function<strong>in</strong>gof relevant coord<strong>in</strong>at<strong>in</strong>g committees at national, district, division <strong>and</strong> community level.These committees must <strong>in</strong>corporate the widest actors <strong>in</strong> the respective areas(government departments, quasi government organizations, private organizations <strong>and</strong>Civil Society Organizations) for <strong>in</strong>formation shar<strong>in</strong>g, plann<strong>in</strong>g <strong>and</strong> implementation ofactivities.The MKEP Project br<strong>in</strong>gs together various government m<strong>in</strong>istries (M<strong>in</strong>istry of Water<strong>and</strong> Irrigation, M<strong>in</strong>istry of Agriculture, M<strong>in</strong>istry of Livestock, M<strong>in</strong>istry of Environment,M<strong>in</strong>istry of Plann<strong>in</strong>g, M<strong>in</strong>istry of Public Works, M<strong>in</strong>istry of F<strong>in</strong>ance <strong>and</strong> M<strong>in</strong>istry ofGender, Culture <strong>and</strong> Social Services), various NGOs, KARI <strong>and</strong> other <strong>CSO</strong>s to supportits activities.ChallengesAccord<strong>in</strong>g to Ms. the partnership encounters several problems: the flow of funds isunfavourable, it is to procedural <strong>and</strong> bureaucratic <strong>and</strong> always too slow, communitiesmove faster than the supporters; there is limited capacity with<strong>in</strong> governmentdepartments to implement programmes due to shortage of staff <strong>and</strong> frequent transfers,unlike NGOs such as Plan <strong>and</strong> World Vision that are more timely; <strong>and</strong> that the lengthyprocurement procedure hamper quick results.Incorporation of the most vulnerable members of the community has been a nightmarebecause they often do not attend community functions or associate themselves with thebetter off members, therefore their views or participation is always assumed. Thisimplies that projects planned for mostly address the needs of the better off <strong>in</strong>community, underm<strong>in</strong><strong>in</strong>g the collaboration’s motive of serv<strong>in</strong>g the most vulnerablemembers of the community.Due to poor governance most of the development resources do not reach the <strong>in</strong>tendedcommunities. This is because communities have not been empowered enough toquestion partners on use of resources, an issue that the project is keen to address.Lessons learntMs. Muthoni says of the lessons learnt: ‘when communities are <strong>in</strong>volved projects aremore likely to succeed <strong>and</strong> the impact is better realized. In fact communities would liketo, <strong>and</strong> they know how to get out of poverty, but what they lack are resources <strong>and</strong>organization. They need to mobilized <strong>and</strong> facilitated to realize their potential’.Secondly, transparency <strong>and</strong> accountability are ‘important pillars’ to the success of anyproject. Organizers that are accountable to stakeholders, especially to the communitythey serve are likely to be successful. The idea of us<strong>in</strong>g participatory methodologies <strong>in</strong>plann<strong>in</strong>g <strong>and</strong> implementation as well as monitor<strong>in</strong>g of activities has led <strong>in</strong>creasedcommunity participation <strong>and</strong> ownership of MKEPP by the community.46


F<strong>in</strong>ally, government alone cannot be expected to provide all the necessary services to thecommunity; it will need other stakeholders to come on board to strength servicedelivery, technical expertise <strong>and</strong> experience, <strong>and</strong> re<strong>in</strong>force the spirit of <strong>in</strong>terdependence.And it is crucial that partner<strong>in</strong>g organizations enter <strong>in</strong>to a memor<strong>and</strong>um ofunderst<strong>and</strong><strong>in</strong>g to re<strong>in</strong>force commitment to the atta<strong>in</strong>ment of the cause.Central <strong>Kenya</strong> Dry Area Project (CKDAP)This project was started <strong>in</strong> 2001 with the broad objective of contribut<strong>in</strong>g to povertyreduction <strong>in</strong> central <strong>Kenya</strong> through promotion of dry farm<strong>in</strong>g <strong>in</strong> relatively arid areas ofthe region. The project contributes towards reduction of vulnerability to diseases <strong>and</strong>hunger for 42,000 rural households <strong>in</strong> the marg<strong>in</strong>al areas of five districts of centralprov<strong>in</strong>ce: Nyeri, Kir<strong>in</strong>yaga, Maragwa, Thika <strong>and</strong> Ny<strong>and</strong>arua.The project addresses this project through five components namely: Primary HealthCare; Agricultural Extension Services; Domestic Water Supply <strong>and</strong> Technical services;Poverty Alleviation Initiatives <strong>and</strong> Community Empowerment.CKDAP is an <strong>in</strong>tegrated development approach where issues f health, water <strong>and</strong>agriculture are addressed holistically. Where, for <strong>in</strong>stance, primary health care is theentry po<strong>in</strong>t, other issues such as water, horticulture, livestock development <strong>and</strong>community are quickly <strong>in</strong>corporated. The project believes that all these sectors are<strong>in</strong>terrelated <strong>and</strong> lack of one may result to shortage of all the other sectors, <strong>and</strong> thataddress<strong>in</strong>g one without the others is an effort <strong>in</strong> futility.Accord<strong>in</strong>g to Mac’Botongore, the Project Manager, The project reaches the poorest of thepoor clusters <strong>in</strong> the districts by establish<strong>in</strong>g which focal area – usually a sub location –does more deserve through set criteria. A bottom up approach, Participatory RuralAppraisal, which is a transparent exercise that leads Community Action Plans (CAPs)that do no belong to IFAD, is used to identify which <strong>in</strong>terventions are made. Us<strong>in</strong>g thebasket of problems generated by the community through this process, the project l<strong>in</strong>ksthe community to different partners who may implement activities outside their plans orbudget. For example issues of HIV/aids are referred m<strong>in</strong>istry of health, local CACCs<strong>and</strong> <strong>CSO</strong>s address<strong>in</strong>g such issues; while the issue of poor roads may be referred to CDFor RLMF. The experience is that once the community problem identified through wideconsultation has been referred to a partner from another it is often addressed as apriority.Mac’Botongore says ‘the Technical officers only assist <strong>in</strong> prioritiz<strong>in</strong>g <strong>and</strong> cost<strong>in</strong>g theactivities, which are filtered to take on board only activities relevant to IFAD. Therema<strong>in</strong><strong>in</strong>g community plans are used to source for fund<strong>in</strong>g from other partners’.The CKDAP is both a loan <strong>and</strong> a grant: IFAD fund<strong>in</strong>g is a loan to support specificprojects; while contributions from Belgium Survival Funds, government <strong>and</strong> thecommunity are all treated as grants. The government meets 5% of the CKDAP budgetwhile the community has to meet 25% of the project cost – usually through unskilledlabour, cash contribution, money generated from other sources like CDF, waivers fromlocal councils <strong>and</strong> donation of l<strong>and</strong>.47


The project is emphatic that their support has had mean<strong>in</strong>gful impact to the community.For one, all the five components have been well <strong>in</strong>tegrated with tangible benefits to thecommunity. Water has been used to good effect: for irrigation to produce high valuehorticultural crops for household consumption as well as for sale. The cost of l<strong>and</strong> hasappreciated significantly even <strong>in</strong> areas where no one wanted to go before. CommonInterest Groups (CIGs) grow<strong>in</strong>g horticultural produce have organized themselves <strong>in</strong>tomarket-oriented growers unlike before when each farmer was on their own,underm<strong>in</strong><strong>in</strong>g barga<strong>in</strong><strong>in</strong>g ability. There has been <strong>in</strong>creased food security at householdlevel, <strong>and</strong> a lot of farmers can now even sell the surplus. All this has also improved thehealth of the people.The upgrad<strong>in</strong>g of small stock – goats - has <strong>in</strong>creased milk production. While an ord<strong>in</strong>arygoat produces an average of 100 milliliters per day, the improved goat can produce upto 2 litres, which can be consumed at home or sold or both. Local people say goat milk isa cure for many diseases. This is the case for rabbits <strong>and</strong> chicken.The health facilities supported by the project have brought health services nearer to thepeople while VCT services have been brought to many of these facilities.However the partnership has its own share of challenges. One of them is thebureaucratic disbursement system that not only delays implementation of activities butalso may keep other partners wait<strong>in</strong>g for your contribution. The community especially isalways a head of the project; it is quick to make the required contribution <strong>and</strong> this delaymay kill their morale. Low staff<strong>in</strong>g levels, coupled with frequent transfers with<strong>in</strong>government is another. Although there is a secretariat that manages the project, it is not<strong>in</strong>volved <strong>in</strong> implementation. F<strong>in</strong>ally, some partners may not all together meet theircontributions, which obviously impact badly on implementation.Nyaribo CommunityOur discussions with community of Nyaribo <strong>in</strong> Nyaribo sub location <strong>in</strong> Kyeniconstituency revealed that <strong>in</strong>deed the CKDAP collaboration was hav<strong>in</strong>g tangiblebenefits to the community. We visited two projects: Nyaribo Self Help Dispensary <strong>and</strong>Nyaribo Water Project.Further discussions with the community revealed how different collaborators supportedthe construction of the dispensary: the Municipal Council of Nyeri donated l<strong>and</strong>;CKDAP not only provided tra<strong>in</strong><strong>in</strong>g on health issues but also provided funds forconstruction; the community contributed funds <strong>and</strong> local materials as well as labour; thegovernment provided technical draw<strong>in</strong>gs; while CDF contributed funds for constructionof water tank.The water project was equally supported by different actors: CKDAP bought all pipes<strong>and</strong> tra<strong>in</strong>ed communities; the government provided technical draw<strong>in</strong>gs; LATF cashtowards construction of the ma<strong>in</strong> water tank; CDF gave over Kshs. 700,000 towards theproject; CIDA supported pip<strong>in</strong>g from <strong>in</strong>take; while the community contributed cash,48


unskilled labour, local materials <strong>and</strong> attracted support from other <strong>in</strong>stitutions such asKimathi Institute of Technology, which is a beneficiary of the Project.Accord<strong>in</strong>g to Mrs. Margaret Wan<strong>in</strong>i, the Nyaribo Water Project Treasurer <strong>and</strong> a smallstock farmer, CKDAP had l<strong>in</strong>ked the community to many other supporters <strong>and</strong> therewere many tangible benefits <strong>in</strong> water, health, agriculture, <strong>in</strong>comes <strong>and</strong> communityawareness as a result.6. FOR THE SAKE OF A LAND POLICY FOR KENYA: THE FORCED MARRIAGEBETWEEN KENYA LAND ALLIANCE AND THE MINISTRY OF LANDSOn April 19, 2007 the government released a f<strong>in</strong>al draft of the <strong>Kenya</strong> L<strong>and</strong> Policythrough a supplement <strong>in</strong> the Daily Nation. It was also announced that the National L<strong>and</strong>Policy Formulation process would end with a planned National Symposium from April26-27, 2007. Instructively, the foreword to the Policy is jo<strong>in</strong>tly signed by the PermanentSecretary <strong>in</strong> the M<strong>in</strong>istry of L<strong>and</strong>s Kombo Mwero <strong>and</strong> Odenda Lumumba Coord<strong>in</strong>ator<strong>Kenya</strong> L<strong>and</strong> Alliance an act remarkable for its symbolism <strong>and</strong> unprecedented <strong>in</strong> thesense that a government <strong>and</strong> civil society organization were openly acknowledg<strong>in</strong>g eachothers contribution <strong>in</strong> the development of a document of national <strong>in</strong>terest.Perhaps, even more tell<strong>in</strong>g is press statement issued by Kombo Mwera the L<strong>and</strong>sPermanent Secretary <strong>in</strong> which he describes the development of the draft l<strong>and</strong> policy asperhaps the most successful policy development <strong>in</strong>itiative <strong>in</strong>volv<strong>in</strong>g the public sector,<strong>CSO</strong>s <strong>and</strong> the private sector 10 .The forego<strong>in</strong>g developments belie a process that had not only been long drawn, but onethat had been replete with conflict, endless haggl<strong>in</strong>g <strong>and</strong> f<strong>in</strong>ally, an uneasy détente ofsorts. The story of the development of the L<strong>and</strong> policy for <strong>Kenya</strong> is <strong>in</strong> the words ofOdenda Lumumba a story of an uneasy <strong>and</strong> difficult “marriage “a union only susta<strong>in</strong>edby the pressures <strong>and</strong> hopes of an expectant nation <strong>and</strong> the persistence of civil societyorganizations determ<strong>in</strong>ed to ensure that at long last the country would have a policyframework that would provide for the readdress<strong>in</strong>g of historical <strong>in</strong>justices <strong>and</strong> set thetone for future equitable l<strong>and</strong> distribution <strong>and</strong> use <strong>in</strong> <strong>Kenya</strong>. But perhaps the endur<strong>in</strong>glesson from the story of KLA/GoK collaboration <strong>in</strong> the development of a l<strong>and</strong> policy for<strong>Kenya</strong> is that of persistence, focus <strong>and</strong> commitment even <strong>in</strong> the face of seem<strong>in</strong>gly<strong>in</strong>surmountable odds. It also confirms that the acrimony <strong>and</strong> suspicion that oftenprevails between the government <strong>and</strong> civil society can be surmounted even if onlytemporarily, once there is focus on a common goal.For Odenda Lumumba the forego<strong>in</strong>g developments must have been a source of quitesatisfaction <strong>and</strong> a just reward after years of hard work often punctuated by exasperation10 Nation TV (NTV) 9 o’clock news April 24, 200749


at the slow pace at which the policy formulation process was mov<strong>in</strong>g even as thetensions generated by the l<strong>and</strong> crisis <strong>in</strong> <strong>Kenya</strong> seemed to worsen.Talk<strong>in</strong>g to Lumumba <strong>in</strong> his Nakuru office months before the draft policy was eventuallyreleased by the government; one could sense a mixture of hope <strong>and</strong> frustration. Hopebecause Lumumba ev<strong>in</strong>ces so much passion for redress<strong>in</strong>g historical <strong>in</strong>justices <strong>in</strong> themanagement of l<strong>and</strong> issues <strong>and</strong> because so much had been accomplished <strong>in</strong> thedevelopment of the draft policy <strong>and</strong> surely it could not come a cropper at this juncture.Yet frustration because of the period of time it had taken to even admit that the l<strong>and</strong>issue was a problem <strong>in</strong> <strong>Kenya</strong> <strong>and</strong> the myriad processes that the country had undergoneto reach where it was.As Lumumba po<strong>in</strong>ted out with irritation, a deadl<strong>in</strong>e had been agreed on before h<strong>and</strong> forthe publish<strong>in</strong>g of the draft policy but this had long come <strong>and</strong> gone.Lumumba sees the development of a l<strong>and</strong> policy <strong>in</strong> <strong>Kenya</strong> from the broad perspective ofthe historical happen<strong>in</strong>gs of the late 80s. He says that the fall of the Berl<strong>in</strong> Wall broughtabout the need for governments to undertake fundamental reforms. In <strong>Kenya</strong> l<strong>and</strong> was akey fundamental problem. Earlier <strong>in</strong> Tanzania President Nyerere had through Ujamaamade radical l<strong>and</strong> reforms. In South Africa the fall of the apartheid regime wassucceeded by l<strong>and</strong> redistribution measures. In <strong>Kenya</strong> however, despite the massivesquatter problem <strong>and</strong> l<strong>and</strong> grabb<strong>in</strong>g, there had been a manifest reluctance to address thel<strong>and</strong> issue with a constant excuse be<strong>in</strong>g that l<strong>and</strong> was sensitive.For KLA <strong>and</strong> its network of <strong>CSO</strong>s l<strong>and</strong> reforms <strong>in</strong> <strong>Kenya</strong> were long overdue <strong>and</strong> as theyset out to advocate <strong>and</strong> pressurize the government to develop a l<strong>and</strong> policy they were ofthe view that <strong>Kenya</strong> could not allow itself to isolated as the only country <strong>in</strong> the regionthat did not see the need to address the l<strong>and</strong> issue..Yet even as they embarked on their mission, development partners who can often bebanked upon to support issues of human rights <strong>and</strong> social justice remarkably alsoproved reluctant to provide support to civil society organizations <strong>in</strong>volved <strong>in</strong>advocat<strong>in</strong>g for l<strong>and</strong> reforms cit<strong>in</strong>g the ‘sensitivity” of the issue. Yet accord<strong>in</strong>g toLumumba, l<strong>and</strong> was the most press<strong>in</strong>g problem <strong>in</strong> <strong>Kenya</strong> s<strong>in</strong>ce it was a chief cause ofpoverty <strong>and</strong> social <strong>in</strong>equity <strong>in</strong> <strong>Kenya</strong>. The last l<strong>and</strong> reforms <strong>in</strong> the country prior to thecampaign for a l<strong>and</strong> policy had been <strong>in</strong> the 1950s <strong>and</strong> this had proven <strong>in</strong>adequate.Earlier, <strong>in</strong> 1999 the government established the Njonjo Commission to review the l<strong>and</strong>law system. KLA was <strong>in</strong>itially reluctant to participate due to Njonjo’s previous trackrecord particularly as he was partly responsible for the l<strong>and</strong> problem <strong>in</strong> <strong>Kenya</strong> s<strong>in</strong>ce hehad been the Attorney General. Nonetheless, KLA eventually decided to get <strong>in</strong>volved<strong>and</strong> was <strong>in</strong>strumental <strong>in</strong> mobiliz<strong>in</strong>g communities to participate <strong>and</strong> petition thecommission. The commission however, took more time than expected <strong>and</strong> kept onrenew<strong>in</strong>g its m<strong>and</strong>ate. Rumours started spread<strong>in</strong>g that the report was not to be released.<strong>CSO</strong>s pressurized for it to be released. KLA was <strong>in</strong>volved <strong>in</strong> exert<strong>in</strong>g pressure for thereport to be published <strong>and</strong> it eventually came out <strong>in</strong> 2002. The Njonjo Commission by itsown assessment admitted that they had not conclusively addressed the l<strong>and</strong> issue but50


ather that they had built a case for the review of the l<strong>and</strong> policy. Lumumba sees theNjonjo commission as the first phase of the engagement between <strong>CSO</strong>s <strong>and</strong> thegovernment on l<strong>and</strong> reforms.In 2000 the review of the constitution became a major issue <strong>and</strong> <strong>in</strong> particular, the widepowers held by the Presidency over l<strong>and</strong> allocation. In the report compiled by theConstitution of <strong>Kenya</strong> Review of the Commission (CKRC), l<strong>and</strong> appeared everywhere<strong>and</strong> was one of the key issues that the public <strong>in</strong>dicated they wanted a social contractover. This gave the impetus for the lobby<strong>in</strong>g by <strong>CSO</strong>s for a l<strong>and</strong> policy. These were thebeg<strong>in</strong>n<strong>in</strong>g build<strong>in</strong>g blocks. KLA developed memor<strong>and</strong>ums <strong>and</strong> even organized aNational Symposium <strong>in</strong> which it made its case for comprehensive l<strong>and</strong> reforms.By 2002 when new government came <strong>in</strong>to power, KLA had <strong>in</strong>fluenced their agenda tothe extent that they accepted that l<strong>and</strong> was an important issue. As such the NARCmanifesto recognized the issue of l<strong>and</strong> as a press<strong>in</strong>g issue that needed to be addressed.Consequently, it appo<strong>in</strong>ted the Ndungu Commission to look at l<strong>and</strong> issues <strong>in</strong> thecountry. All these formed the framework for a national l<strong>and</strong> policy. KLA used theopportunity of the Ndungu commission to agitate for a development of a policy on l<strong>and</strong>.The Njonjo, CRKC <strong>and</strong> the Ndungu report formed a clear basis for develop<strong>in</strong>g a l<strong>and</strong>policy.The government then embarked on the process of develop<strong>in</strong>g a l<strong>and</strong> policy but theprevail<strong>in</strong>g op<strong>in</strong>ion <strong>in</strong> government circles was that policy formulation <strong>and</strong> developmentwas the remit of the government. However, due to mount<strong>in</strong>g pressure from <strong>CSO</strong>s for amore <strong>in</strong>clusive process, they f<strong>in</strong>ally relented <strong>and</strong> agreed to a more all encompass<strong>in</strong>gprocess. <strong>CSO</strong>s however, went on to <strong>in</strong>sist on a concept paper upon which the policywould be formulated. The proposal met stiff resistance from the government but due tothe <strong>in</strong>sistence of <strong>CSO</strong>s the government eventually capitulated.After negotiations at the <strong>Kenya</strong> school of Monetary studies the government agreed totake on Board the views of <strong>CSO</strong>s <strong>in</strong> the Conceptual paper. The concept paper amongother th<strong>in</strong>gs set out a clear time frame for the exercise which was however, neverfollowed otherwise the policy document would have been ready <strong>in</strong> June 2006. Indeed,the fact that the policy formulation process took longer than the <strong>in</strong>itially envisaged 5years has been a source of great concern to KLA <strong>and</strong> epitomizes what Lumumbamemorably describes as the “ love hate “ relationship between the GOK <strong>and</strong> KLA evenas they worked together towards the development of the draft policy.Accord<strong>in</strong>g to Lumumba <strong>and</strong> <strong>in</strong> keep<strong>in</strong>g with the marriage analogy, the collaborationbetween the KLA <strong>and</strong> government while not be<strong>in</strong>g “ a marriage of convenience” waspunctuated by mutual suspicion but was ultimately kept together by the need to susta<strong>in</strong><strong>and</strong> deliver the baby : a draft l<strong>and</strong> policy for <strong>Kenya</strong>. Nonetheless, it came at a heavyprice for KLA members. Lumumba recalls that International organization such as MS<strong>Kenya</strong> <strong>and</strong> their officials were victimized because of their <strong>in</strong>volvement <strong>in</strong> support<strong>in</strong>gl<strong>and</strong> issues while local l<strong>and</strong> advocacy organizations suddenly found themselves withoutdonors because of their militant stance on l<strong>and</strong> issues.51


Perhaps of greater concern to KLA have been the irony <strong>and</strong> <strong>in</strong>deed the hypocrisy ofdonor organizations who while admitt<strong>in</strong>g that l<strong>and</strong> <strong>and</strong> its <strong>in</strong>equitable distribution wasat the root cause of poverty <strong>and</strong> gender disparity, still <strong>in</strong>sisted that it was politicallysensitive <strong>and</strong> would have noth<strong>in</strong>g to do with it. This <strong>in</strong> turn meant that KLA <strong>and</strong> itsmembers rarely had adequate resources to push their agenda. Lumumba recalls thateven at the height of the efforts to develop the l<strong>and</strong> policy, donors would <strong>in</strong>dicate thatthey were not <strong>in</strong> a position to fund KLA even as they funded the GOK a situation thatwas untenable given that KLA was central to the development t of the policy. In fact,accord<strong>in</strong>g to Lumumba the role played by KLA <strong>in</strong> the policy formulation process was soimportant to the extent that he feels KLA should have been funded through publicfunds.Indeed, Lumumba is critical of donors who cont<strong>in</strong>ue to be oblivious to l<strong>and</strong> as afundamental development problem <strong>in</strong> <strong>Kenya</strong> even as they talk about their commitmentto poverty eradication. For KLA, l<strong>and</strong> is central to people’s livelihoods; it encompasses apeople’s sovereignty, economic development <strong>and</strong> culture. Because of its wideramifications, the l<strong>and</strong> issue can not therefore be addressed without government<strong>in</strong>volvement <strong>and</strong> accord<strong>in</strong>g to Lumumba, KLA is “tied to whatever government is <strong>in</strong>power to sort out the l<strong>and</strong> issue”, perhaps harp<strong>in</strong>g on the fact that KLA had workedwith two governments <strong>in</strong> its campaign for a l<strong>and</strong> policy. In Lumumba's view address<strong>in</strong>gthe l<strong>and</strong> reforms <strong>in</strong> <strong>Kenya</strong> were as important as “f<strong>in</strong>anc<strong>in</strong>g defense or national securitygiven the potential impact of not address<strong>in</strong>g it.KLA’s experience <strong>in</strong> work<strong>in</strong>g with the M<strong>in</strong>istry of L<strong>and</strong> has enabled it to draw some keylessons on collaborations. Accord<strong>in</strong>g to Lumumba collaborations must have a sharedconcern br<strong>in</strong>g<strong>in</strong>g people together, a mutual <strong>in</strong>terest, <strong>and</strong> <strong>in</strong> this particular <strong>in</strong>stance l<strong>and</strong>was the issue br<strong>in</strong>g<strong>in</strong>g the <strong>CSO</strong>s <strong>and</strong> government to the negotiation table. <strong>CSO</strong>s clearlyrecognised that the l<strong>and</strong> issue could not be addressed without <strong>in</strong>volv<strong>in</strong>g thegovernment. Nonetheless, the government needed KLA <strong>and</strong> other stakeholders to lendlegitimacy to the l<strong>and</strong> policy formulation process. Ultimately, the collaboration betweenKLA <strong>and</strong> the GoK lent legitimacy to both KLA <strong>and</strong> the government <strong>and</strong> by extensiontheir ability to sell the draft l<strong>and</strong> policy to <strong>Kenya</strong>ns.Secondly, it is important to have a framework or guidel<strong>in</strong>es on which the collaborationsare based. In the case of the draft l<strong>and</strong> policy the concept paper provided thisframework. In the words of Lumumba the document became the “marriage certificate”that brought sanity to their sometimes tumultuous relationship <strong>and</strong> accord<strong>in</strong>g to himensured that the government did not stray <strong>and</strong> was brought “back on the rails “everytime they appeared to be <strong>in</strong> danger of derail<strong>in</strong>g the process. Accord<strong>in</strong>g to Lumumba thegovernment would be the first to admit that the concept paper was critical <strong>in</strong> ensur<strong>in</strong>gthat the <strong>in</strong>tegrity of the process was guarded <strong>and</strong> the process rema<strong>in</strong>ed on coursedespite the many challenges.Thirdly, KLA realized the need to have a def<strong>in</strong>ite focus <strong>and</strong> hold on to specific pr<strong>in</strong>ciplesto guide its engagement with the government. In Lummubas view while thegovernment might not always have agreed on the strategies KLA employed to achieveits agenda, they could not fault them on pr<strong>in</strong>ciple s<strong>in</strong>ce they never compromised on this.52


Lumumba is emphatic that collaboration must be on pr<strong>in</strong>ciple, “do not go <strong>in</strong> becauseyou are friends” He believes KLA was able to succeed because; “we never lost our eyeon the pr<strong>in</strong>ciples (sic)”From KLAs perspective, a key achievement from its collaborations with the M<strong>in</strong>istry ofL<strong>and</strong>s has been the fact that it has demonstrated that the formulation of policy is not thesole remit of government but a public responsibility that should <strong>in</strong>volve all stakeholders.Indeed, other government departments have subsequently borrowed from thecollaborations by try<strong>in</strong>g to <strong>in</strong>tegrate <strong>CSO</strong>s <strong>and</strong> stakeholders <strong>in</strong> the policy developmentprocess. Lumumba is, however, skeptical about the honesty <strong>and</strong> motivation of some ofthose efforts <strong>and</strong> feels that many of them <strong>in</strong>volve <strong>CSO</strong>s as a means of w<strong>in</strong>dow dress<strong>in</strong>g.Nonetheless, even the government itself appears eager to trumpet the collaboration with<strong>CSO</strong>s on the development of a draft l<strong>and</strong> policy as a success as evidenced a publicstatement by the Permanent Secretary <strong>in</strong> M<strong>in</strong>istry of L<strong>and</strong>s alluded to earlier.Like all “marriages” the draft policy development process had a myriad of challengessome of which have already been alluded to. For <strong>in</strong>stance at times the governmentwould <strong>in</strong>dicate that they did not have sufficient funds to cont<strong>in</strong>ue pursu<strong>in</strong>g the policydevelopment process <strong>and</strong> <strong>CSO</strong>s would quickly mobilize development partners to fundthe process.A further challenge was the <strong>in</strong>adequate political goodwill to address the l<strong>and</strong> issue <strong>in</strong><strong>Kenya</strong>, while the NARC government for <strong>in</strong>stance accepted Ndungu report <strong>in</strong> itsentirety; it has so far been unable to act on it. Indeed, a lesson for KLA has been thatsusta<strong>in</strong><strong>in</strong>g goodwill on an issue considered sensitive such as l<strong>and</strong> was a big problem.A further challenge faced by KLA <strong>and</strong> other <strong>CSO</strong>s <strong>in</strong> the l<strong>and</strong> formulation process wasthe fact that as soon as NARC came <strong>in</strong>to power it quickly degenerated <strong>in</strong>to factions <strong>and</strong>it was not even clear which was now the rul<strong>in</strong>g party particularly with the establishmentof the government of national unity. Accord<strong>in</strong>g to Lumumba, formulat<strong>in</strong>g a policy witha government without a clear rul<strong>in</strong>g political party <strong>and</strong> a def<strong>in</strong>ite ideology is a majorproblem. Unlike <strong>in</strong> the UK or USA for <strong>in</strong>stance where the ideological lean<strong>in</strong>gs of theLabour <strong>and</strong> Republican parties are clear, it becomes difficult to anticipate what to expectfrom a policy formulation process <strong>in</strong> <strong>Kenya</strong> where political parties do not appear topossess ideological identity.The situation was further compounded by the prevail<strong>in</strong>g sentiments that l<strong>and</strong> was“sensitive issue” provid<strong>in</strong>g a convenient excuse for those <strong>in</strong> both government <strong>and</strong>among the development partners who did not wish to deal with it.All <strong>in</strong> all while the KLA/GoK collaboration was a relationship often hounded by thescepter of mutual suspicion, <strong>in</strong> the f<strong>in</strong>al analysis the two parties were v<strong>in</strong>dicated by thefact that the public could clearly see clearly what they have been battl<strong>in</strong>g over <strong>and</strong> itsimportance. Without a doubt, <strong>in</strong> Lumumbas view, as much as their collaboration wasnot always amicable, it was never a “marriage of convenience’ s<strong>in</strong>ce it was susta<strong>in</strong>ed bythe need to deliver on a higher goal that of deliver<strong>in</strong>g a policy for the public good. The53


collaboration therefore lasted for the sake of the draft policy just like marriages are attimes susta<strong>in</strong>ed for the sake of the childrenNevertheless, while the draft l<strong>and</strong> policy is f<strong>in</strong>ally out, the actual work for translat<strong>in</strong>gthe policy <strong>in</strong>to law has just stated, there are a litany of laws that deal with l<strong>and</strong> <strong>in</strong> <strong>Kenya</strong>which would have to be harmonised <strong>and</strong> consolidated. Concurrently, some of theprovisions <strong>in</strong> the policy would require a review of the constitution s<strong>in</strong>ce they areconstitutional <strong>in</strong> nature. This later aspect is particularly disconcert<strong>in</strong>g given the currentuncerta<strong>in</strong>ty on the constitution review process.On the other h<strong>and</strong> KLA <strong>and</strong> its members also have to deal with the issue of their ownsusta<strong>in</strong>ability to ensure they cont<strong>in</strong>ue to keep alive the dem<strong>and</strong> for l<strong>and</strong> reforms. WhileKLA has been recognized as an authority on l<strong>and</strong> issues <strong>and</strong> many organizations turn tothem for <strong>in</strong>formation, there has been no concomitant <strong>in</strong>terest <strong>in</strong> ensur<strong>in</strong>g that theorganization is facilitated to cont<strong>in</strong>ue carry<strong>in</strong>g out its important responsibilitie4s.Further, the various constituencies affected by l<strong>and</strong> such as women, fisher folk,pastoralists <strong>and</strong> people with disability rema<strong>in</strong> largely fragmented <strong>and</strong> without adequatesupport, are unlikely to mature <strong>in</strong>to the powerful l<strong>and</strong> reform movement required totake the campaign to the next level.As Lumumba remarks <strong>in</strong> one of his trademark analogies; L<strong>and</strong> or reform is a long termissue yet the opportunities( available to address the same) is through the w<strong>in</strong>dow not thoroughthe door <strong>and</strong> the w<strong>in</strong>dow can easily close <strong>and</strong> the door is already closed.7. ALL FOR ONE, ONE FOR ALL: <strong>CSO</strong> COLLABORATIONS WITH THE MINISTRYOF TRADE AT WTO NEGOTIATIONSThe story of <strong>CSO</strong>s collaboration with the M<strong>in</strong>istry of Trade at the World TradeOrganization is partly the story of one man’s persistence, as well as the triumph ofpatriotism <strong>and</strong> commitment to the welfare of poor farmers <strong>in</strong> <strong>Kenya</strong> over the endemicsuspicion that has always charachterised <strong>CSO</strong>/GoK relations. It further, epitomizes theimportance of technical ability <strong>in</strong> mak<strong>in</strong>g government governments listen to <strong>CSO</strong>sOduor Ong’wen who at the time of the <strong>in</strong>terview was work<strong>in</strong>g with the Southern <strong>and</strong>Eastern African Trade Information <strong>and</strong> Negotiations Institute (SEATINI) was right at thecenter of <strong>in</strong>itiat<strong>in</strong>g the collaboration between the <strong>Kenya</strong>n government <strong>and</strong> NGOs at theWTO. He traces this to 1994 <strong>and</strong> the end of the Uruguay round of talks when the Actform<strong>in</strong>g the WTO was signed. At the time Ong’wen was work<strong>in</strong>g with Econews. Hisfeel<strong>in</strong>g was that the agreement was not good for the country. He visited the M<strong>in</strong>istry ofTrade to try <strong>and</strong> get access to the document. He was however, taken back <strong>and</strong> forth for 3weeks without ever gett<strong>in</strong>g access to the document. He was f<strong>in</strong>ally referred to theSolicitor Generals office at the AGs Chambers where he was <strong>in</strong>formed all agreementsentered <strong>in</strong>to by the country were kept. He f<strong>in</strong>ally got the document but was told hewould only be able to read it if he photocopied it. He ruefully recalls that it was a hugedocument but he went ahead <strong>and</strong> photocopied it.54


Ong’wen cont<strong>in</strong>ued to seek engagements with the M<strong>in</strong>istry of Trade but he was treatedwith a lot of suspicion. He wrote two articles <strong>in</strong> the Sunday Nation regard<strong>in</strong>g theagreement. The two articles made the M<strong>in</strong>istry extremely unhappy <strong>and</strong> they called himto express their unhapp<strong>in</strong>ess. The M<strong>in</strong>istry became extremely hostile. Despite thisOng’wen cont<strong>in</strong>ued to engage them. Nonetheless, it is not until 1996 at the M<strong>in</strong>isterialConference <strong>in</strong> S<strong>in</strong>gapore where the government had sent a delegation <strong>and</strong> the civilsociety were also represented, that the government f<strong>in</strong>ally deigned to recognize the<strong>CSO</strong>s.At the time, the European Union with the support of the USA were try<strong>in</strong>g to push forthe liberalization of <strong>in</strong>vestments, government procurement <strong>and</strong> the implementation ofcompetitive policies or what was referred to as Trade Facilitation. The Civil Societyorganizations at the conference felt that these proposals were not good for thedevelop<strong>in</strong>g countries <strong>and</strong> lobbied for African governments not to negotiate these areas.The then M<strong>in</strong>ister for Trade did not want to engage with civil society nonetheless, civilsociety groups managed to conv<strong>in</strong>ce develop<strong>in</strong>g country representatives not to sign theagreement. Before the conference, Ong’wen had written an analysis around the keyissues com<strong>in</strong>g up for discussion <strong>in</strong> S<strong>in</strong>gapore <strong>and</strong> submitted the same to the M<strong>in</strong>istrybut this was ignored. On com<strong>in</strong>g back from the conference <strong>and</strong> perhaps based on thesem<strong>in</strong>al role played by <strong>CSO</strong>s <strong>in</strong> S<strong>in</strong>gapore the M<strong>in</strong>istry of Trade through the thenPermanent Secretary the late Owuor called Ong’wen. It transpired the M<strong>in</strong>istry <strong>in</strong>retrospect felt that perhaps there was merit <strong>in</strong> the analysis that he had written prior toS<strong>in</strong>gapore.The engagements where, however, still not formal <strong>and</strong> far reach<strong>in</strong>g but the governmentwas beg<strong>in</strong>n<strong>in</strong>g to realize that the civil society had genu<strong>in</strong>e issues based on the <strong>in</strong>terestsof the country <strong>and</strong> the cont<strong>in</strong>ent <strong>and</strong> not merely rabblerous<strong>in</strong>g. Nevertheless, it is notuntil 1998 when the developed countries were negotiat<strong>in</strong>g the Multilateral Agreementon Investments (MAI) that the engagements ga<strong>in</strong>ed momentum. At the time the civilsociety organizations realised that the develop<strong>in</strong>g countries would be required to jo<strong>in</strong>the agreement once it was concluded. They began lobby<strong>in</strong>g aga<strong>in</strong>st it. <strong>CSO</strong>s wrote to the<strong>Kenya</strong>n government <strong>and</strong> asked it not to agree to the agreement. The M<strong>in</strong>istry of Tradehowever, argued at the time that it was try<strong>in</strong>g to attract <strong>in</strong>vestments <strong>and</strong> could notafford to ignore the agreement. However, the <strong>CSO</strong>s wrote articles support<strong>in</strong>g theirposition <strong>and</strong> the government on study<strong>in</strong>g the articles decided to review its position <strong>and</strong>opposed the agreement.This was the beg<strong>in</strong>n<strong>in</strong>g of susta<strong>in</strong>ed GOK/<strong>CSO</strong> collaborations at the WTO. At about thistime before the Seattle round of talks conference <strong>CSO</strong>s led by AAK <strong>and</strong> Econewsorganized a major stakeholders conference <strong>in</strong> which they <strong>in</strong>vited <strong>in</strong>ternational speakers.The then M<strong>in</strong>ister for Trade Hon. Nicholas Biwott was <strong>in</strong>vited to open it. From theconference he appreciated that fact that <strong>CSO</strong>s had so much knowledge on trade issues<strong>and</strong> took the practical decision that a number of <strong>CSO</strong> representatives jo<strong>in</strong> thegovernment delegation. That was the beg<strong>in</strong>n<strong>in</strong>g of formal <strong>CSO</strong>/GOK relations at WTO.When the National Steer<strong>in</strong>g Committee on WTO was subsequently, established it wasnatural that <strong>CSO</strong>s be <strong>in</strong>volved <strong>and</strong> they were <strong>in</strong>deed engaged <strong>in</strong> all the Committees of55


the National Steer<strong>in</strong>g Committee. From that period the Involvement of <strong>CSO</strong>s as part ofthe government delegation then became the norm.Action Aid <strong>Kenya</strong> was one of the <strong>CSO</strong>s that were <strong>in</strong>cluded <strong>in</strong> the governmentdelegation. Just like Ong’wen, Angela of Action Aid avers that ultimately it was theirproven technical competence that persuaded the government to take them on Board.Angela is emphatic that <strong>in</strong> order for the government to listen to <strong>CSO</strong>s there is need forthem “Need to show proof that you are technically sound”For Action Aid work<strong>in</strong>g with the government at WTO was a strategic move aimed atensur<strong>in</strong>g that the government representation at the trade talks was sensitive to theconcerns of poor framers <strong>in</strong> <strong>Kenya</strong> <strong>and</strong> the impact that decisions made there might haveon their ability to atta<strong>in</strong> food security(right to food) <strong>and</strong> susta<strong>in</strong>able livelihoods. It hasbeen part of a process of <strong>in</strong>fluenc<strong>in</strong>g the legal <strong>and</strong> policy environment to ensure thatthey take <strong>in</strong> board the <strong>in</strong>terests of the excluded, poor <strong>and</strong> marg<strong>in</strong>alized.Action Aid s approach to <strong>in</strong>ternational level policy engagements looks at <strong>in</strong>ternationalpolicies <strong>and</strong> their effect on the realisation of the rights to food at the household level.Over the years, Action Aid has been part of <strong>CSO</strong>s <strong>in</strong>itiatives to ensure that thegovernment’s position at the WTO was <strong>in</strong> t<strong>and</strong>em with the needs <strong>and</strong> aspirations of thesmall farmer. As part of this process Action Aid has organized forums br<strong>in</strong>g<strong>in</strong>g togetherfarmers <strong>and</strong> governments officials to ensure that the government can listen to farmersconcerns. Action Aid was <strong>in</strong>itially concerned that government negotiators at the WTOwho are based <strong>in</strong> Geneva rarely got the opportunity to come home for brief<strong>in</strong>g <strong>and</strong> toacqua<strong>in</strong>t themselves with the situation on the ground. This <strong>in</strong> turn affected their abilityto competently represent pert<strong>in</strong>ent issues affect<strong>in</strong>g particularly <strong>Kenya</strong>n farmers giventhe centrality of agriculture to the <strong>Kenya</strong>n economy.Over the years Action Aid has won the confidence of the M<strong>in</strong>istry of Trade to the extentthat quite frequently they have been called upon to help organize meet<strong>in</strong>gs for GOK todevelop statements that are urgently required <strong>in</strong> Geneva. For <strong>in</strong>stance if the Chair of theCommittee on Agriculture <strong>in</strong> Geneva issues a statement which countries need torespond to the M<strong>in</strong>istry of Trade would then talk to AAK to ask them if they have fundsto organize a quick meet<strong>in</strong>g with stakeholders. Many times Action Aid would workwith other <strong>CSO</strong>s such as Oxfam <strong>and</strong> Econews <strong>in</strong> what they refer to as a “Rapid responsemechanism” to raise the necessary resources for such meet<strong>in</strong>gs. The meet<strong>in</strong>g would thenbe held <strong>and</strong> a jo<strong>in</strong>t statement is drafted based on agreed issues <strong>and</strong> a position on thesame is e-mailed on the same day. The Negotiators <strong>in</strong> Geneva are thus enabled to statethe governments position AAK also facilitates meet<strong>in</strong>gs for national <strong>and</strong> regional publicofficials particularly Parliamentarians. AAK like SEATINI have been active <strong>in</strong>develop<strong>in</strong>g policy briefs as a way of <strong>in</strong>fluenc<strong>in</strong>g the government position on key issues.They also supported MPs to attend key conferences such as the Cancun M<strong>in</strong>isterialConference <strong>in</strong> 2002. Action Aid has also been active <strong>in</strong> conduc<strong>in</strong>g researches to <strong>in</strong>formthe government position on trade issues for <strong>in</strong>stance the organization has conducted aresearch on “the impact of sugar surges” on the <strong>Kenya</strong>n economy.56


Nonetheless, collaborations with government have not been without challenges, <strong>in</strong>deedat the time of the <strong>in</strong>terview Action Aids which has been participat<strong>in</strong>g <strong>in</strong> the EconomicPartnership Agreement <strong>in</strong> the Agriculture Cluster under the Aegis of the M<strong>in</strong>istry ofTrade, has not been <strong>in</strong>vited to the meet<strong>in</strong>gs <strong>and</strong> AAK has subsequently heard from<strong>in</strong>side sources that this is because it is felt that AAK is too critical. Further, while theexistence of the National Committee on WTO at the M<strong>in</strong>istry of Trade has re<strong>in</strong>forced the<strong>in</strong>volvement of <strong>CSO</strong>s <strong>in</strong> work<strong>in</strong>g with the government, the committee is not anchored <strong>in</strong>the law <strong>and</strong> there is a fear by <strong>CSO</strong>s is that if somebody came along <strong>in</strong> the M<strong>in</strong>istry whodid not like the idea of the Committee it could easily be scraped off. <strong>CSO</strong>s have thereforebeen fight<strong>in</strong>g for the Committee to be established by law.A further concern has been the reluctance by the government to ensure consistency <strong>in</strong><strong>Kenya</strong>’s representation at the WTO talks <strong>and</strong> an apparent <strong>in</strong>ability to have a strategic<strong>and</strong> long term approach to the negotiations. Both Ong’wen <strong>and</strong> Angela po<strong>in</strong>t to <strong>Kenya</strong>’s<strong>in</strong>sistence on subject<strong>in</strong>g <strong>Kenya</strong>n negotiators to the requirement that civil servants <strong>in</strong>diplomatic post<strong>in</strong>gs only serve for a specific period of time after which they aresummoned back. This approach has ensured that <strong>Kenya</strong> consistently loses experienced<strong>and</strong> well tra<strong>in</strong>ed negotiators while the Northern delegations such as the USA <strong>and</strong> the EUhave ensured that they reta<strong>in</strong>ed there best personnel over the years. <strong>Kenya</strong> has thereforebeen put at a considerable disadvantage.Related to the forego<strong>in</strong>g, has been the low <strong>in</strong>vestment <strong>in</strong> terms of resources to ensurethat <strong>Kenya</strong> is sufficiently capacitated to provide the best possible representation to<strong>Kenya</strong>ns, Angela po<strong>in</strong>ts to the fact that the government rarely provides funds to br<strong>in</strong>gtrade Negotiators back home for brief<strong>in</strong>gs . Further, the M<strong>in</strong>istry of Trade has not madesufficient provisions for research to <strong>in</strong>form its position on Trade issues or even to studythe impact of current policies. It is this “any th<strong>in</strong>g goes approach” argues Angela, thathas made <strong>CSO</strong>s to be particularly aggressive <strong>in</strong> foreground<strong>in</strong>g trade issues <strong>in</strong> theiradvocacy work.The low resource <strong>in</strong>vestment has been further compounded by the lack of synergies, <strong>and</strong>collaborations as well as poor <strong>in</strong>formation flow between different governmentdepartments. Angela for <strong>in</strong>stance states that it is not uncommon for the M<strong>in</strong>istry ofF<strong>in</strong>ance take a position <strong>in</strong> its talks with the World Bank that contradicts what theM<strong>in</strong>istry of Trade is try<strong>in</strong>g to negotiate at WTO.Despite the hiccups however, both SEATINI <strong>and</strong> Action Aid consider theircollaborations with government to be largely successful. They both po<strong>in</strong>t to the collapseof the WTO talks <strong>in</strong> Seattle as a major success s<strong>in</strong>ce it po<strong>in</strong>ted to an emerg<strong>in</strong>g from<strong>in</strong>creased capacity by government delegations mak<strong>in</strong>g them less susceptible tomanipulation. Accord<strong>in</strong>g to Ong’wen, while the collapse of the Seattle talks has beenascribed to the riots that preceded it, the ma<strong>in</strong> reason for the failure of the talks was dueto the fact that <strong>CSO</strong>s mobilized African M<strong>in</strong>isters to reject the so called S<strong>in</strong>gapore issues.Generally, AAK <strong>and</strong> SEATINI see a major dividend from the collaborations as havecreated space for African countries to negotiate due to <strong>in</strong>creased knowledge <strong>and</strong>negotiation skills. The South <strong>and</strong> Eastern African Trade Negotiations Institute57


(SEATINI) for which Ong’wen works for was for <strong>in</strong>stance, created after the S<strong>in</strong>gaporeround of talks <strong>and</strong> has been <strong>in</strong>strumental <strong>in</strong> build<strong>in</strong>g the knowledge base of M<strong>in</strong>isters<strong>and</strong> public officials <strong>in</strong> <strong>Kenya</strong> <strong>and</strong> other African countries.Accord<strong>in</strong>g to Action Aid, the success of the collaborations between the government <strong>and</strong><strong>CSO</strong>s can further be seen <strong>in</strong> the fact that debate on trade issues is now <strong>in</strong> the publicdoma<strong>in</strong>. The media especially is now sufficiently educated to competently write <strong>and</strong>analyse trade issues <strong>and</strong> has been <strong>in</strong> <strong>in</strong>strumental <strong>in</strong> keep<strong>in</strong>g the public` debate alive.Further, due to <strong>in</strong>creased sensitization <strong>and</strong> capacity build<strong>in</strong>g the ParliamentaryCommittee on Agriculture /Trade? has directed that <strong>Kenya</strong>’s strategy for revitaliz<strong>in</strong>g theAgricultural sector which focuses on full liberialisation <strong>and</strong> is <strong>in</strong> direct contradiction tothe countries position at the WTO be revised.Ong’wen on the other h<strong>and</strong> gives an <strong>in</strong>terest<strong>in</strong>g sp<strong>in</strong> to the success of civil society <strong>in</strong>chang<strong>in</strong>g develop<strong>in</strong>g the capacity of public officials on trade issues. Years after thesign<strong>in</strong>g of the WTO treaty <strong>in</strong> 1994, he gives an anecdote of his meet<strong>in</strong>gs with the TradeM<strong>in</strong>isters of <strong>Kenya</strong> <strong>and</strong> Ug<strong>and</strong>a at the time of the sign<strong>in</strong>g of the treaty. The <strong>Kenya</strong>nwho is now an MP related to Ong’wen that <strong>in</strong> retrospect he realized that at the time heknew noth<strong>in</strong>g about what he was committ<strong>in</strong>g the country to <strong>and</strong> <strong>in</strong> h<strong>in</strong>dsight wouldhave benefited immensely from the <strong>CSO</strong> expertise. His Ug<strong>and</strong>an counterpart at the timemade more or less the same admission stat<strong>in</strong>g that at the time he was not sufficientlyaware of the implications of the treaty for Ug<strong>and</strong>a.There is no doubt that collaborations between the M<strong>in</strong>istry of Trade <strong>and</strong> <strong>CSO</strong>s at theWTO have enhanced the representation of the country’s <strong>in</strong>terests on trade issues<strong>in</strong>ternationally. Nonetheless, it must be noted that considerably more needs to be doneto translate these ga<strong>in</strong>s <strong>in</strong>to specific policies <strong>and</strong> concrete concessions <strong>in</strong>ternationally for<strong>Kenya</strong>n farmers <strong>and</strong> bus<strong>in</strong>esses whose livelihoods <strong>and</strong> wellbe<strong>in</strong>g depend on thenegotiations. To a large extent, this will depend on the ability of both the government<strong>and</strong> <strong>CSO</strong>s to build on exist<strong>in</strong>g strengths <strong>and</strong> learn from past mistakes. Specifically, itmight be necessary to f<strong>in</strong>d a way of formaliz<strong>in</strong>g the collaborations as a first step <strong>in</strong>ensur<strong>in</strong>g a more deliberate <strong>and</strong> strategic approach to the trade negotiations.8. CONSTRUCTIVE ENGAGEMENTS: THE CASE OF PLAN KENYA IN KWALEDISTRICTPlan <strong>Kenya</strong> st<strong>and</strong>s out as a <strong>CSO</strong> that has reached an outst<strong>and</strong><strong>in</strong>g rapport with<strong>Government</strong>. Salim Mvurya head of the Kwale Development Area believes that thecordial relations they have with government is based on their sober <strong>and</strong> nonconfrontational approach as well as a credibility borne out of their ability to deliver ontheir commitments. Mvurya considers the Annual Conference between Plan <strong>and</strong> DistrictCommissioners from all the districts that Plan operates <strong>in</strong>, as one of the organizationsmost significant successes <strong>in</strong> its relationship with <strong>Government</strong>. Dur<strong>in</strong>g the conference,Plan <strong>and</strong> the Prov<strong>in</strong>cial Adm<strong>in</strong>istration review the state of their collaboration with aview to strengthen<strong>in</strong>g the same. It is a mark of Plans favored status <strong>in</strong> government58


circles that its sits <strong>in</strong> the District Executive Committee which is the executive arm of theDistrict Development Committee (DDC) a privilege that no other <strong>CSO</strong> has. Generallyspeak<strong>in</strong>g, Plan is recognized as a major stakeholder by <strong>Government</strong> Departments <strong>in</strong> alltheir Districts of operation accord<strong>in</strong>g to Mvurya.Plan <strong>Kenya</strong> has been operat<strong>in</strong>g <strong>in</strong> <strong>Kenya</strong> s<strong>in</strong>ce 1982. It currently operates <strong>in</strong> parts of 10Districts <strong>in</strong> <strong>Kenya</strong>: Kisumu, Homabay, Bondo, Nairobi, Thika, Machakos, Embu,Tharaka, Kilifi, <strong>and</strong> Kwale.Plan currently works <strong>in</strong> 4 Divisions <strong>in</strong> Kwale District address<strong>in</strong>g 5 key areas namely:• Health <strong>and</strong> empowerment• Education-skills tra<strong>in</strong><strong>in</strong>g for teachers• Household Economic security- <strong>in</strong>volv<strong>in</strong>g Agriculture, Microf<strong>in</strong>ance-• HIV/AIDS• Development of Civil society-capacity build<strong>in</strong>g, child protectionsPlan works with local Community Based Organizations (CBOs) to develop activities atcommunity level. Presently Plan has collaborations with 14 CBOs <strong>in</strong> Kwale District.Mvurya describes Plan as a Child centered organization work<strong>in</strong>g with government <strong>and</strong>the community.The organization recognizes the need for partnerships <strong>and</strong> network<strong>in</strong>g <strong>and</strong> thusfacilitates participation by communities <strong>in</strong> its programmes. As part of this strategy, Planworks to support community <strong>in</strong>stitutions/groups. In do<strong>in</strong>g the forego<strong>in</strong>g, Plan isalways on the lookout for opportunities for scal<strong>in</strong>g up good practices.Plan promotes partnerships <strong>and</strong> network<strong>in</strong>g <strong>and</strong> builds alliances locally, nationally <strong>and</strong><strong>in</strong>ternationally. Plan’s work with the <strong>Government</strong> unlike many <strong>CSO</strong>’s, is anchored <strong>in</strong> aCountry Agreement signed <strong>in</strong> 1982 when Plan first came to <strong>Kenya</strong>. The CountryAgreement provides a frame work for the collaborations <strong>and</strong> def<strong>in</strong>es what Plan <strong>and</strong> theGOK are go<strong>in</strong>g to do respectively. Additionally, Plan has endevoured to enter <strong>in</strong>to<strong>in</strong>dividual Memor<strong>and</strong>a of Underst<strong>and</strong><strong>in</strong>g (MOUs) with <strong>Government</strong> Departments atlocal level. However, Mvurya is the first to admit that there has been m<strong>in</strong>imal success onthis front s<strong>in</strong>ce typically, most Departments /M<strong>in</strong>istries at District level argue that theydo not have the capacity to enter <strong>in</strong>to such agreements s<strong>in</strong>ce this is the prerogative oftheir respective Permanent Secretaries. Initially, Plan was able to enter <strong>in</strong>to a number ofMOUs with some GoK Departments but was unable to renew these because of theforego<strong>in</strong>g reasons.Why work with government?When asked on why Plan works with <strong>Government</strong>. Mvurya articulates with confidencethe reasons for the partnership. He observes that it is not the m<strong>and</strong>ate of Plan to providehealth or education, but rather the responsibility of the <strong>Government</strong>. By this very fact,Plan can not seek to improve the delivery of basic services without <strong>in</strong>volv<strong>in</strong>g the<strong>Government</strong>. Further, Plan can only come <strong>in</strong> to supplement the <strong>Government</strong>’s efforts.59


He further observes that while <strong>CSO</strong>s such as Plan might work <strong>in</strong> a District for certa<strong>in</strong>duration, <strong>Government</strong> is there to stay <strong>and</strong> work<strong>in</strong>g with it ensures susta<strong>in</strong>ability ofPlan’s projects. Additionally, Plan recognizes the comparative advantages that both Plan<strong>and</strong> the <strong>Government</strong> br<strong>in</strong>g to the collaboration with the former contribut<strong>in</strong>g additionalfunds while the <strong>Government</strong> br<strong>in</strong>gs technical expertise.Patrick Gitau the Kwale District Children’s Officer concurs with Mvurya <strong>and</strong> observesthat “some NGOs <strong>and</strong> even some <strong>Government</strong> Departments believe we are competitors (NGOs<strong>and</strong> government) but it is the government with m<strong>and</strong>ate it is the one with the responsibility (todeliver services) this is not Plan’s or any NGOs responsibility”.AchievementsMvurya sees the Annual conference with all the DCs <strong>in</strong> areas that Plan works as a majorsuccess <strong>in</strong> its work with the <strong>Government</strong>. The Annual event enables Plan <strong>and</strong> GoK toprovide feedback <strong>and</strong> review their status of their partnership. The fact that thePermanent Secretary <strong>in</strong> the Office of the President <strong>in</strong> charge of Internal Security isalways represented at the Conference, has served to give a high profile to the event. Asa result of Plans high level <strong>in</strong>teractions with the GoK, Plan has had the unprecedenteddist<strong>in</strong>ction of be<strong>in</strong>g made a member of the District Executive Committee(DEC) <strong>in</strong> all itsDistricts of operation. DEC is a technical committee of the District DevelopmentCommittee (DDC). Plan also seats on a myriad other GoK committees. Furthermore,Plan has been generally recognized at District <strong>and</strong> National level as a key stakeholder bythe government.Due to Plans strategic partnerships with CBOs, Mvurya avers that there has been an<strong>in</strong>creased awareness by communities on services offered by the <strong>Government</strong> <strong>and</strong> thishas also led to local communities mak<strong>in</strong>g dem<strong>and</strong>s for improvements <strong>in</strong> the quality ofservices delivered. CBOs have also been <strong>in</strong>tegrated at the Sub DDC level thus enabl<strong>in</strong>gthem to participate <strong>in</strong> local development plann<strong>in</strong>g.Generally, due to Plan’s work with the GoK, service delivery has improved. Mvuryapo<strong>in</strong>ts out to the <strong>in</strong>creased immunization coverage <strong>in</strong> Kwale District as a key dividendfrom their collaborations. Other areas <strong>in</strong>clude dissem<strong>in</strong>at<strong>in</strong>g the Children’s Act 2001 tothe village level; tra<strong>in</strong><strong>in</strong>g of Health Center Staff; <strong>and</strong> equipp<strong>in</strong>g of schools <strong>and</strong> HealthCenters. Plan has also renovated Health Centers <strong>and</strong> constructed Schools alongsidetra<strong>in</strong><strong>in</strong>g of School Management Committees.The District Medical Officer confirms Mvurya’s observations by admitt<strong>in</strong>g that a keydividend accru<strong>in</strong>g from Plans collaborations with government has been the improvedservice delivery of health services <strong>and</strong> enhanced outreach to outly<strong>in</strong>g areas <strong>in</strong> KwaleDistrict. The District Health Office further confirms that due to Plans rehabilitation <strong>and</strong>equipp<strong>in</strong>g of health cl<strong>in</strong>ics, members of the public can now access improved <strong>and</strong> qualityhealth services <strong>in</strong> the district.The Children’s Department is one of the few <strong>Government</strong> Departments that has legalback<strong>in</strong>g for its work with the <strong>CSO</strong>s. This is provided for under section 31(1) of the60


Children’s Act 2001. The Act expressly provides for participation by NGOs <strong>in</strong> theNational Council for Children’s Services. Through its collaborations with Plan, theChildren’s Department has been able to tra<strong>in</strong> all the officers <strong>in</strong> the local Police Stations,tra<strong>in</strong>ed Volunteer Children’s Officers(VCOs) as well as Teachers. . A Key factor <strong>in</strong> thesuccess of Plans work with the Children’s Office has been the relative openness withwhich they have approached their relationship through shar<strong>in</strong>g of work plans <strong>and</strong>budgets. Gitau per harp’s best epitomizes the buoyant outlook on the collaborationsbetween Plan <strong>and</strong> the Children’s Office when he remarks that for him “Plan is like theChildren’s Office”Accord<strong>in</strong>g to Gitau, Plan’s support to the Children’s Department has ensured that publicawareness on Child rights had reached an unprecedented high (as evidenced by the<strong>in</strong>crease <strong>in</strong> reported cases of rights violations). Further, as a direct result of thepartnership between Plan <strong>and</strong> the Children’s Department, two (2) police stations <strong>in</strong> thedistrict had established Children’s Desks. Gitau is emphatic that with only two staff, theChildren’s Office would never have reached the current high level of success. He po<strong>in</strong>tsto the fact that all key stakeholders <strong>in</strong>clud<strong>in</strong>g teachers <strong>and</strong> the Prov<strong>in</strong>cial Adm<strong>in</strong>istrationhad been reached through the Plan/Children’s Department partnership <strong>and</strong> is clearlyoptimistic that the collaborations can only bode well for the future.Indeed accord<strong>in</strong>g to Gitau, without Plan’s Support, the Children’s Office would neverhave enjoyed the wide outreach it currently has particularly as the Office only has twostaffers. Nonetheless, with Plans support, the Children’s Office has been able to sensitizelocal communities to the extent that at some stage wananchi were more aware on ChildRights issues than the local Police who were consequently unable to respond effectivelyto the <strong>in</strong>creas<strong>in</strong>g number of compla<strong>in</strong>ts brought to them by the people. This promptedPlan <strong>and</strong> the Children’s Office to organize tra<strong>in</strong><strong>in</strong>g for the Police as well as theProv<strong>in</strong>cial Adm<strong>in</strong>istrationFor MOH Kwale District, the partnership between Plan <strong>and</strong> the M<strong>in</strong>istry of Health <strong>in</strong>Kwale has been most opportune. He observes that the M<strong>in</strong>istry of Health (MoH) doesnot have adequate resources on its own to deliver adequately on health services. As suchPlan has been very useful <strong>in</strong> supplement<strong>in</strong>g the efforts of the <strong>Government</strong>. He notes thatthe partnership with Plan has been based on a mutual exchange where the GoKprovides technical capacity (<strong>and</strong> advice on which areas it needs support) through itsstaff while Plan provides the funds.. As a result, the District has been able to tra<strong>in</strong> a poolof VCT Counselors <strong>and</strong> Prevention of Mother to Child Treatment (PMTCT) serviceproviders. Further, Plan has assisted <strong>in</strong> equipp<strong>in</strong>g <strong>and</strong> renovat<strong>in</strong>g Dispensaries. Inkeep<strong>in</strong>g with the MoHs pool system for drug storage <strong>and</strong> distribution, Plan provides theMoH with drugs which it then distributes to the Dispensaries <strong>and</strong> Health Centres basedon need.Asked whether Plans seem<strong>in</strong>gly “favoured” status <strong>and</strong> good relations with governmentwas due to Plan be<strong>in</strong>g a large <strong>in</strong>ternational NGO , Mvurya is emphatic that Plan’scredibility ( because they deliver) <strong>and</strong> strategy were the contribut<strong>in</strong>g factors. He,however, admits that the government has tended to be more comfortable with Planbecause of the organization’s apolitical <strong>and</strong> non confrontational approach which the61


government sees as none threaten<strong>in</strong>g. Accord<strong>in</strong>g to Mvurya, Plan sees its role asprovid<strong>in</strong>g <strong>in</strong>formation to the communities to peacefully engage <strong>Government</strong> <strong>and</strong> notprovok<strong>in</strong>g them to agitate aga<strong>in</strong>st authority.Lessons learnt <strong>and</strong> recommendationsAsked about the lessons that they have drawn from their partnership, Plan <strong>and</strong> its GOKcollaborators note that <strong>in</strong>itially there was suspicion engendered by the historicalmistrust between <strong>CSO</strong>s <strong>and</strong> <strong>Government</strong> <strong>in</strong> <strong>Kenya</strong>, but as they became more open witheach other through shar<strong>in</strong>g of work plans <strong>and</strong> budgets, the suspicion began to ease off.The District Medical Officer confirms this stat<strong>in</strong>g that shar<strong>in</strong>g of work plans has ensuredmore efficiency <strong>and</strong> effectiveness <strong>in</strong> the delivery of health services.Subsequently, a key lesson that they have all learnt is that GOK <strong>and</strong> NGOs basicallyhave the same objectives <strong>and</strong> serve the same people. Many times NGOs have the money<strong>and</strong> resources but lack the expertise while GOK has the technical ability <strong>and</strong> the staff butcan not adequately implement due to <strong>in</strong>sufficient funds. On the other h<strong>and</strong> Plan as anNGO recognizes that the <strong>Government</strong> has the m<strong>and</strong>ate to pursue the development of itspeople <strong>and</strong> that it (GoKs) is primarily responsible for formulat<strong>in</strong>g <strong>and</strong> implement<strong>in</strong>gpolicies towards this end. It is therefore imperative that Plan seeks to be <strong>in</strong>tegrated <strong>in</strong>this process rather than try to pursue a parallel agenda.A further, lesson that Plan <strong>and</strong> its GoK partners have learnt is the importance ofconstant communication to expla<strong>in</strong> positions <strong>and</strong> clarify any emerg<strong>in</strong>g issues that mightcause conflict. Gitau of the Children’s Office for <strong>in</strong>stance <strong>in</strong>dicates that it is importantthat <strong>CSO</strong>s <strong>and</strong> GoK agree upfront on how they are go<strong>in</strong>g to share credits <strong>and</strong> ownershipof projects as a means of ensur<strong>in</strong>g w<strong>in</strong>-w<strong>in</strong> situations <strong>and</strong> guard<strong>in</strong>g aga<strong>in</strong>st situationswhere one party might feel it is be<strong>in</strong>g exploited.An additional area of consensus is the need to have a GOK/<strong>CSO</strong> forum to ensurecoord<strong>in</strong>ation <strong>and</strong> avoid duplication. The District Medical Officer is particularlyemphatic on the forego<strong>in</strong>g matter argu<strong>in</strong>g that it is important that NGOs enter<strong>in</strong>g aDistrict to provide Health services consult the MOH for guidance to avoid duplication<strong>and</strong> wastage of resources. He is also feels that there should be forums at district levelbased on the sector wide approach to assist <strong>in</strong> address<strong>in</strong>g emerg<strong>in</strong>g problems <strong>in</strong>GoK/<strong>CSO</strong> partnerships.<strong>Government</strong> Officers <strong>in</strong>terviewed <strong>in</strong> the district admitted that NGOs because of their flatmanagement structure ensured swift processes <strong>and</strong> contributed to faster delivery ofservices. NGOs were also better placed to make quick management decisions s<strong>in</strong>ce thereofficers enjoyed greater flexibility <strong>and</strong> could easily consult with their head offices unlikethe government. This advantages they argued, could be exploited for more efficient <strong>and</strong>effective delivery of services at District level.62


<strong>Government</strong> Officials nonetheless, also expressed their concern that <strong>CSO</strong>s tended tohave preconceived attitudes towards government thereby imp<strong>in</strong>g<strong>in</strong>g on successfulcollaborations.ChallengesAccord<strong>in</strong>g to Mvurya a major challenge <strong>in</strong> <strong>CSO</strong>/GoK collaborations is underst<strong>and</strong><strong>in</strong>gGOK policies <strong>and</strong> systems. These coupled with the fact that <strong>CSO</strong>s <strong>and</strong> GoK tend to havedifferent policies <strong>and</strong> f<strong>in</strong>ancial years are challenges that collaborators need to deal with<strong>in</strong> order to ensure successful collaborations.In the case of Plan, years of collaborations have enabled them to underst<strong>and</strong> keygovernment policies that have implications for their work together. On the part of theGoK, Gitau of the Children’s Office also admits that his office has had to come to termswith the different approaches <strong>and</strong> policies of <strong>CSO</strong>s (such as Plan) <strong>in</strong> order to ensuresmooth implementation of jo<strong>in</strong>t projects. For <strong>in</strong>stance he observes that Plans f<strong>in</strong>ancialcycle is different from government <strong>and</strong> that <strong>in</strong>itially, his department had problems s<strong>in</strong>cethey tended to follow the GoK f<strong>in</strong>ancial year when seek<strong>in</strong>g or report<strong>in</strong>g on support fromPlan a factor that created confusion. He however avers that once there is mutualunderst<strong>and</strong><strong>in</strong>g of each others systems <strong>and</strong> procedures, GoK/<strong>CSO</strong> collaborations are ableto proceed with relative ease.For Plan the GOK's hierarchical approach <strong>and</strong> lack of flexibility has tended to stifleefficiency <strong>in</strong> decision mak<strong>in</strong>g. Mvurya observes that at times competent GoK staff isrendered <strong>in</strong>effective by cumbersome GoK procedures <strong>and</strong> lack of space to perform theirduties. He is particularly concerned that junior offices rarely have the opportunity tocontribute to decision mak<strong>in</strong>g <strong>and</strong> are expected to obey orders without questions.For GoK representatives on the other h<strong>and</strong>, there was the concern that <strong>CSO</strong>s tended tolack consistency <strong>in</strong> their stated programme areas s<strong>in</strong>ce these kept on chang<strong>in</strong>g based onperceived availability of fund<strong>in</strong>g. Accord<strong>in</strong>g to Gitau, some NGOs would one day befound engaged <strong>in</strong> work<strong>in</strong>g with the Girl Child but next time you <strong>in</strong>teract with them youf<strong>in</strong>d they have “moved on to someth<strong>in</strong>g else”( because there was available fund<strong>in</strong>g for thenew activity).Accord<strong>in</strong>g to the District Medical Officer, the tendency by NGOs to chose health<strong>in</strong>terventions that failed to address local health priorities was an issue that neededaddress<strong>in</strong>g. For the DMO this often happened because such NGOs failed to hold priorconsultation with his office before design<strong>in</strong>g their programmes. Once they had beenfunded it became very difficult to review their activities s<strong>in</strong>ce the funds they got wereoften designated.Accord<strong>in</strong>g, to Gitau, the reluctance by NGOs to consult the <strong>Government</strong> beforeembark<strong>in</strong>g on <strong>in</strong>terventions at District level had more to do with their reluctance to betransparent about their operations. They therefore tended to be very economical withthe <strong>in</strong>formation they provided on their programmes <strong>and</strong> only went to <strong>Government</strong>offices when their donors required it.63


There are NGOs who would never share plans, you ask them what do you have before I ask(for support), they say just ask—you don’t know what to ask.Patrick Gitau, District Children’s Officer , KwaleSalim Mvurya however, considers the dem<strong>and</strong> by government officers for per diems<strong>and</strong> facilitation allowances whenever they worked with NGOs as one of the majordownsides <strong>in</strong> <strong>CSO</strong>/GoK collaborations. He observes that at times some governmentofficials tended to behave as if they were the ones help<strong>in</strong>g the NGOs to providecommunities with services <strong>and</strong> not the other way round. Indeed, Mvurya <strong>in</strong>terprets thesituation <strong>in</strong> terms of <strong>Government</strong> officials ask<strong>in</strong>g to be paid by NGOs to perform theirduties. Due to the <strong>in</strong>creas<strong>in</strong>g emphasis on these allowances, some <strong>CSO</strong>s <strong>and</strong> even UNagencies had come to accept them as the order of the day <strong>and</strong> even proceed to entice<strong>Government</strong> officers through superior allowances to ensure their projects wereimplemented on time. He narrates an <strong>in</strong>stance where Plan was unable to get GoK staffto support some programme activities for a period of three months because the relevantGoK staff were <strong>in</strong>volved <strong>in</strong> the Tianom<strong>in</strong> saga (with an International Aid Agency) whichapparently was apparently more lucrative. Plan was forced to postpone its activities.9. COMMUNITY RESEARCH IN ENVIRONMENT AND DEVELOPMENTINITIATIVES (CREADIS): A CASE STUDY OF GOVERNMENT NGOCOLLABORATIONCommunity Research <strong>in</strong> Environment <strong>and</strong> Development Initiatives (CREADIS) is anNGO registered by the NGO Coord<strong>in</strong>ation Board <strong>in</strong> 2000. CREADIS aims atempower<strong>in</strong>g communities by build<strong>in</strong>g their capacities <strong>in</strong> key areas to enable thembecome self-reliant <strong>and</strong> drive their own development process. Special attention is givento women, the vulnerable <strong>and</strong> disadvantaged groups. CREADIS works with over 30groups <strong>in</strong> eight divisions of Bungoma district The Organization has adopted anapproach that <strong>in</strong>tegrates various sectors to enable it contribute effectively <strong>in</strong> address<strong>in</strong>gthe challenges fac<strong>in</strong>g the people <strong>and</strong> enable realization of holistic development for thepeople of the region.CREADIS has proactively gone out to seek collaboration <strong>and</strong> partnerships withdevelopment actors <strong>in</strong>clud<strong>in</strong>g the government. It enjoys a lot of goodwill with manyactors <strong>in</strong> the district <strong>and</strong> beyond. This case study tries to document these partnerships.64


Exist<strong>in</strong>g collaboration with governmental agenciesM<strong>in</strong>istry of AgricultureM<strong>in</strong>istry personnel are <strong>in</strong>volved <strong>in</strong> tra<strong>in</strong><strong>in</strong>g of common <strong>in</strong>terest farmer groups,facilitation <strong>in</strong> farmers’ field schools, as well as participat<strong>in</strong>g <strong>in</strong> monitor<strong>in</strong>g <strong>and</strong>evaluation of projects. CREADIS has taken advantage of the long-term experiencewith<strong>in</strong> the government sector <strong>in</strong> deal<strong>in</strong>g with farmers. This collaboration runs from thedistrict all through to the sub-locational level.M<strong>in</strong>istry of HealthThrough the HIV/AIDS project funded by NACC, CREADIS has collaborated with theM<strong>in</strong>istry of Health. The personnel have provided technical expertise <strong>in</strong> plann<strong>in</strong>g,implementation, monitor<strong>in</strong>g <strong>and</strong> evaluation of activities <strong>in</strong> the HIV/AIDS activities.M<strong>in</strong>istry of sports, gender, culture <strong>and</strong> social services.Staff from this department are well distributed <strong>in</strong> the rural areas <strong>and</strong> work closely withCREADIS. They are <strong>in</strong>volved <strong>in</strong> project identification, tra<strong>in</strong><strong>in</strong>g <strong>and</strong> mobilization ofcommunity groups as well as monitor<strong>in</strong>g <strong>and</strong> evaluation of activities. Communitygroups that we work with are also registered with this M<strong>in</strong>istry. Staff have been<strong>in</strong>volved <strong>in</strong> Group leadership <strong>and</strong> Dynamics tra<strong>in</strong><strong>in</strong>gs as well as Gender discussionforums. Currently, CREADIS is expect<strong>in</strong>g a grant from the government through theNational Food Security Program.Office of the PresidentCREADIS has strong collaboration with local adm<strong>in</strong>istrators from the district to thevillage level. Chiefs, assistant chiefs, <strong>and</strong> village elders participate are <strong>in</strong>volved <strong>in</strong>community mobilization <strong>and</strong> creation of awareness through public forums. Therecounsel is sought <strong>in</strong> identification of activities to implement.M<strong>in</strong>istry of Plann<strong>in</strong>g <strong>and</strong> National DevelopmentThe office of the District Development Officer has been very <strong>in</strong>strumental <strong>in</strong> provid<strong>in</strong>gnational <strong>and</strong> district level <strong>in</strong>formation / data about. The department hosts the district<strong>in</strong>formation <strong>and</strong> documentation center. Information on other actors <strong>in</strong> the district is alsoavailable here. The department also hosts <strong>and</strong> organizes collaborative meet<strong>in</strong>gs betweendifferent development actors <strong>in</strong> the district.M<strong>in</strong>istry of Environment, Natural Resources <strong>and</strong> WildlifeCREADIS has collaborated with this m<strong>in</strong>istry on environmental issues of mutualconcern. Collaboration has taken the form of development of jo<strong>in</strong>t proposals <strong>and</strong>through <strong>in</strong>formation <strong>and</strong> communication material shar<strong>in</strong>g.65


Children’s’ departmentThe department is very <strong>in</strong>strumental <strong>in</strong> clarify<strong>in</strong>g policies <strong>and</strong> advis<strong>in</strong>g on children’sissues. CREADIS attends the area advisory committee meet<strong>in</strong>gs organised by thedepartment to coord<strong>in</strong>ate children affairs. The department has been useful <strong>in</strong> ourprogramme deal<strong>in</strong>g with OVCs.<strong>Kenya</strong> Agriculture Research Institute (KARI)Jo<strong>in</strong>t programmes are drawn with KARI for dissem<strong>in</strong>ation of new <strong>and</strong> superiortechnologies to farmers. They have also availed fund<strong>in</strong>g to CREADIS through theAgriculture Technology <strong>and</strong> Information Response Initiative (ATIRI), <strong>and</strong> theAgricultural Research Fund.National Environment Management Authority (NEMA)NEMA has facilitated CREADIS staff attend tra<strong>in</strong><strong>in</strong>gs <strong>and</strong> workshops on environmentalmanagement policies <strong>and</strong> issues. This has greatly assisted us plann<strong>in</strong>g <strong>and</strong> design ofenvironmental projects.National Aids Control Council (NACC)The council has provided funds for the HIV/AIDS prevention <strong>and</strong> home based careproject, which covers Sirisia constituency of Bungoma district.Change of attitudeFor a long time there has been mutual suspicion between the government <strong>and</strong> <strong>CSO</strong>s.<strong>CSO</strong>s have always had the perception that government is corrupt <strong>and</strong> that it is out tocontrol the work of the <strong>CSO</strong>s. The government on its part has been talk<strong>in</strong>g aboutduplication of development activities <strong>and</strong> the lack of local accountability of on the partof <strong>CSO</strong>s.There is however a big change <strong>in</strong> orientation on the part government <strong>and</strong> many officersare friendly <strong>and</strong> are now keen to collaborate with respectable <strong>CSO</strong>s. Performancecontracts that government officers are required to sign monitor how effectively they seekthese collaborations. <strong>Government</strong> staff have also realized that <strong>in</strong> order for them toachieve their targets, it is imperative for them to collaborateThe majority of government staff want to be associated with NGOs <strong>in</strong> order to <strong>in</strong>crease their ownprofile <strong>and</strong> get someth<strong>in</strong>g to write <strong>in</strong> their reports – Ms Gladys Simiyu – CEO CREADISThere is also need for the civil society organizations to change attitude, <strong>CSO</strong>s should beproactive <strong>in</strong> work<strong>in</strong>g with various networks, where they can <strong>in</strong>teract with thegovernment. Through these meet<strong>in</strong>gs they will get to know of resources available at thegovernment level. Meet<strong>in</strong>gs organized by government are important forums to marketyourself to various stakeholders <strong>and</strong> conv<strong>in</strong>ce them that you are work<strong>in</strong>g <strong>and</strong> theimpact of your work can be seen. NGOs should strive for collaboration <strong>and</strong> not bedependency.66


<strong>CSO</strong>s need also to be proactive <strong>and</strong> seek strategic partnerships with governmentagencies that are relevant to their work to enable them ga<strong>in</strong> from government resources<strong>and</strong> further their missions. You need to engage the government, lobby for participation<strong>in</strong> the various processes that <strong>in</strong>fluence policy ‘’ Mr. Onesmus-----PATNET CEONature of CollaborationThere are several ways that collaboration is enhanced with<strong>in</strong> the districtInformation shar<strong>in</strong>gA major role of government departments is to collect data. These roles have beenperformed fairly well <strong>and</strong> many <strong>CSO</strong> organisations have confidence <strong>in</strong> the <strong>in</strong>formationcollected by various departments. <strong>Government</strong> departments also see <strong>CSO</strong>s as goodsource of <strong>in</strong>formation from the grassroots <strong>and</strong> <strong>in</strong>formation conta<strong>in</strong>ed <strong>in</strong> <strong>CSO</strong>s reportshas gone <strong>in</strong>to the departmental reports <strong>and</strong> preparation of district development plans.District Development Committee:The District Development committee is meant to coord<strong>in</strong>ate development activities <strong>in</strong>the district. District focus for Rural Development policy envisions the Districtdevelopment committees as the ma<strong>in</strong> forum for collaboration <strong>and</strong> developmentcoord<strong>in</strong>ation with<strong>in</strong> the district.The procedure <strong>in</strong> the district is for any <strong>CSO</strong> <strong>in</strong>tend<strong>in</strong>g to <strong>in</strong>itiate activities to passthrough the DDC. Dur<strong>in</strong>g the DDC meet<strong>in</strong>g the <strong>CSO</strong> make presentations of proposedprogrammes, proposed approaches <strong>and</strong> locations. The DDC will then consider thepresentation <strong>and</strong> <strong>in</strong> many <strong>in</strong>stances the <strong>CSO</strong> is advised to <strong>in</strong>itiate activities <strong>in</strong> locationswhere there are no other players. This has worked fairly well, but you f<strong>in</strong>d that theDDC has no mechanisms of enforc<strong>in</strong>g the compliance of its decision <strong>and</strong> y some NGOsdo not comply.The recent reality is not encourag<strong>in</strong>g however. The DDC <strong>in</strong> Bungoma district is not wellcoord<strong>in</strong>ated, its efforts are scattered, the agenda is set by the government (the DC <strong>and</strong>the DDO only), meet<strong>in</strong>gs are not regular, are called at the last m<strong>in</strong>ute <strong>and</strong> <strong>in</strong> many<strong>in</strong>stances they cancelled. Generally the DDC do not provide that vital drive <strong>and</strong>envisioned leadership that is expected e.g. they have not brought to fore themanagement of CDFs to the agenda of the DDC. Most of the decisions of the DDC arealso not b<strong>in</strong>d<strong>in</strong>g due to poor legislation, <strong>and</strong> are therefore flouted.S<strong>in</strong>ce NARC took over, MPs have killed the DDC s<strong>in</strong>ce they have <strong>in</strong>sisted that they must bepresent if the meet<strong>in</strong>g has to take place. Many meet<strong>in</strong>gs have been postponed <strong>and</strong> even thoughthe requirement of their attendance has now been removed, this has dim<strong>in</strong>ished the morale.Onesmus Mwangale CEO PATNET<strong>Government</strong> contract<strong>in</strong>g <strong>and</strong> fund<strong>in</strong>gIn Bungoma District various government agencies do fund activities of <strong>CSO</strong>s as well ascontract<strong>in</strong>g others to carry out certa<strong>in</strong> activities on their behalf.67


CREADIS has benefited from various fund<strong>in</strong>g streams from government. This year theyhave received KES 2 million from the m<strong>in</strong>istry of Agriculture to support groups that are<strong>in</strong>volved <strong>in</strong> promot<strong>in</strong>g agriculture as a bus<strong>in</strong>ess. Other agencies that have fundedCREADIS <strong>in</strong>clude <strong>Kenya</strong> Agricultural Research Institute (KARI) <strong>and</strong> the National AidsCouncil.PATNET another NGO found <strong>in</strong> Bungoma has enjoyed good collaboration withgovernment departments. It has received the follow<strong>in</strong>g contracts:-• M<strong>in</strong>istry of agriculture has contracted PATNET to tra<strong>in</strong> its staff <strong>in</strong> proposalwrit<strong>in</strong>g, performance contracts as well as Monitor<strong>in</strong>g <strong>and</strong> evaluation.• PATNET was commissioned by the M<strong>in</strong>istry of Plann<strong>in</strong>g <strong>and</strong> NationalDevelopment to tra<strong>in</strong> CDF committees <strong>in</strong> project plann<strong>in</strong>g, monitor<strong>in</strong>g <strong>and</strong>evaluation.• PATNET has also been contracted by several m<strong>in</strong>istries to tra<strong>in</strong> staff <strong>in</strong> manag<strong>in</strong>gcommunity <strong>in</strong>itiatives, formulation of Work plans, procurement proceduresSpecific sector networksSeveral sector specific networks exist <strong>and</strong> are important forums for enhanc<strong>in</strong>gcollaboration. These networks are usually called by government departments or leadNGOs <strong>in</strong> the district. These forums <strong>in</strong>clude Constituency Aids control committees,National Agriculture <strong>and</strong> Livestock Extension Programme stakeholders forum, Areaadvisory committees meet<strong>in</strong>gs <strong>and</strong> District environment committee among others.Benefits from CollaborationAccess to <strong>in</strong>formationThe government of <strong>Kenya</strong> carries out very many surveys <strong>and</strong> through its elaborateservice delivery structures <strong>and</strong> mechanisms a lot of <strong>in</strong>formation is collected. This<strong>in</strong>formation is analyzed <strong>and</strong> compiled <strong>in</strong>to reports <strong>and</strong> is usually available to <strong>CSO</strong>s onrequest. Most of this <strong>in</strong>formation is used by <strong>CSO</strong>s as basel<strong>in</strong>e <strong>in</strong>formation <strong>and</strong> is alsovery pert<strong>in</strong>ent <strong>in</strong> plann<strong>in</strong>g <strong>and</strong> evaluation of their programmes. Information from theM<strong>in</strong>istry of agriculture, M<strong>in</strong>istry of Health <strong>and</strong> the M<strong>in</strong>istry of Plann<strong>in</strong>g <strong>and</strong> NationalDevelopment have particularly been <strong>in</strong>valuable.Duplication of effortsThrough work<strong>in</strong>g with government, <strong>CSO</strong>s efforts have seen <strong>in</strong>creased coord<strong>in</strong>ation <strong>and</strong>this has to some degree reduced duplication of efforts. The sector specific networkshave particularly improved coord<strong>in</strong>ation. The specific departments do keep <strong>and</strong>provide <strong>in</strong>formation to <strong>CSO</strong>s on ongo<strong>in</strong>g development efforts. This has also ensuredthat there is <strong>in</strong>creased coverage <strong>in</strong> terms of the area <strong>and</strong> number of people <strong>in</strong> the district.The coord<strong>in</strong>ation efforts have ensured that organizations are not work<strong>in</strong>g <strong>in</strong> the samecommunities. In the past organisations used to work <strong>in</strong> locations around Bungomatown only, but now many are to be found work<strong>in</strong>g <strong>in</strong> outlay<strong>in</strong>g areas68


Clarification of <strong>Government</strong> PolicyCollaboration with various arms of government has resulted <strong>in</strong> clarity of governmentpolicy. Various forums are used by government to expla<strong>in</strong> government policies <strong>and</strong>plans. In these forums <strong>CSO</strong>s <strong>and</strong> other stake holder ask questions <strong>and</strong> query therationale of various policies <strong>and</strong> plans. This has ensured that <strong>CSO</strong>s work with<strong>in</strong>government policy framework.Harmonized plann<strong>in</strong>g at the community levelCerta<strong>in</strong> collaboration with government has brought <strong>in</strong>creased harmonization ofplann<strong>in</strong>g. The National Agricultural <strong>and</strong> Livestock Extension Programme hasencouraged stakeholders to come together with communities <strong>and</strong> make jo<strong>in</strong>t actionplans. In this case the <strong>in</strong>terests of all stakeholders are put <strong>in</strong>to account <strong>and</strong> the efforts ofthe community are well focused. This has also reduced the <strong>in</strong>cidences when many <strong>CSO</strong>swere go<strong>in</strong>g to the community with the same k<strong>in</strong>d of message, sometime present<strong>in</strong>g it <strong>in</strong>a conflict<strong>in</strong>g manner. In this way a lot more is achieved at the community level than itwould be if each organization/government department tried to support the communityon its own.Increased Resources from <strong>Government</strong>Due to collaboration <strong>and</strong> partnership with government, numerous resources havebecome available to CREADIS <strong>and</strong> its partners. These <strong>in</strong>clude:-• Several of our partners have been l<strong>in</strong>ked to the Heifer International – an<strong>in</strong>ternational NGO, which has assisted the groups to <strong>in</strong>itiate dairy goat-keep<strong>in</strong>gprojects.• CREADIS has received funds from NACC to support its home based care project<strong>in</strong> Sirisia Division of Bungoma District. Through such collaboration CREADIShas accessed funds from Agricultural Technology <strong>and</strong> Information ResponseInitiative (ATIRI) <strong>and</strong> has also been l<strong>in</strong>ked to CIDA <strong>and</strong> the EU to work ondecentralized funds to steer this as a pilot project. CREADIS is now undertak<strong>in</strong>ga consultancy with the Western Region Water Services Board. In additiongovernment has acted as referees for <strong>CSO</strong>s seek<strong>in</strong>g donor fund<strong>in</strong>g.• CREADIS f<strong>in</strong>ds a source of ‘cheap’ technical expertise <strong>in</strong> government. It hasdone very well <strong>in</strong> tapp<strong>in</strong>g this resource <strong>and</strong> most its activities are carried outjo<strong>in</strong>tly with the m<strong>in</strong>istry personnel. <strong>Government</strong> personnel are paid a smallallowance when they are out <strong>in</strong> the field or conduct<strong>in</strong>g residential tra<strong>in</strong><strong>in</strong>g. E.g.the M<strong>in</strong>istry of Health has deployed numerous medical staff <strong>in</strong> HIV/Aidsprojects <strong>and</strong> tra<strong>in</strong><strong>in</strong>g activitiesChallenges <strong>and</strong> Constra<strong>in</strong>ts <strong>in</strong> work<strong>in</strong>g with <strong>Government</strong>1. Most NGO do not <strong>in</strong>clude collaboration <strong>and</strong> partnership costs <strong>in</strong> their budget <strong>and</strong>what are f<strong>in</strong>ally approved budgets have to be spent as agreed with donors. This hasreduced the flexibility that NGOs have on issues of partnerships <strong>and</strong> collaboration<strong>and</strong> has tended to make the government feel that NGOs are not very helpful. In69


addition this has been exacerbated by the fact that many NGOs are not transparenton their budgets <strong>and</strong> this has tended to br<strong>in</strong>g lack of trust <strong>and</strong> sometimes conflict.2. Lack of jo<strong>in</strong>t plann<strong>in</strong>g is another major constra<strong>in</strong>t. In the district you f<strong>in</strong>d that <strong>CSO</strong>sconduct plann<strong>in</strong>g on their own <strong>and</strong> government does the same. This has madecollaboration difficult. <strong>CSO</strong>s end up gett<strong>in</strong>g short notice requests which are difficultto fulfill to due to the strict budgets.3. Although the spirit of mistrust has reduced considerably there is still fear that ifgovernment department works closely with <strong>CSO</strong>s, of government departments fearbe<strong>in</strong>g exposed, if th<strong>in</strong>gs are not work<strong>in</strong>g well.4. Lack of a harmonized policy on collaboration with<strong>in</strong> the government serves also as aconstra<strong>in</strong>t. Various departments adopt different modes of collaboration <strong>and</strong> thismakes it difficult for the <strong>CSO</strong>s to collaborate mean<strong>in</strong>gfully with a wide array ofdepartments. Many government officers are also ill equipped <strong>and</strong> prepared tocollaborate with <strong>CSO</strong>s.5. <strong>Government</strong> bureaucracy has also been a set back <strong>in</strong> collaboration. If a senior officeris not <strong>in</strong> the office then issues are postponed until they are back to the office.Secondly many queries on policy issues are referred back to Permanent Secretary.6. Even though the government has experienced <strong>and</strong> staff with a lot of expertise theyare sometimes very unreliable <strong>and</strong> will expect too much from the NGO’s <strong>in</strong> return.In monetary terms.7. <strong>Government</strong> staff at the district level lacks expertise <strong>in</strong> some areas. For example for along time there have been top down implementation of policy. Consultationmechanisms have been improv<strong>in</strong>g but there is a lot of improvement needed.Bungoma development consortium –In the past the <strong>CSO</strong>s <strong>in</strong> Bungoma district formed a consortium to coord<strong>in</strong>ate, harmonizetheir activities <strong>and</strong> ensure a strong voice for the sector. This was then seen as astructured way of engag<strong>in</strong>g the government <strong>and</strong> lobby<strong>in</strong>g for <strong>in</strong>creased support <strong>and</strong>collaboration with the government.However this <strong>in</strong>itiative soon lapsed <strong>in</strong>to <strong>in</strong>activity due to the follow<strong>in</strong>g reasons:-• The <strong>in</strong>itiative was started hurriedly by one INGO. The INGO dictated theagenda of the forum <strong>and</strong> it supported the <strong>in</strong>itiative as long as they had work <strong>in</strong>the district.• Many other INGOs did not support s<strong>in</strong>ce they could not have a say <strong>in</strong>determ<strong>in</strong><strong>in</strong>g the agenda of the consortium.• Most <strong>CSO</strong>s who came for the meet<strong>in</strong>gs were small <strong>CSO</strong> <strong>and</strong> CBOs withexpectation of gett<strong>in</strong>g fund<strong>in</strong>g from the consortium. When this was notforthcom<strong>in</strong>g they dropped out70


• The process of <strong>in</strong>itiat<strong>in</strong>g this consortium did not consider <strong>in</strong>stitutionalization <strong>and</strong>susta<strong>in</strong>ability issues especially fund<strong>in</strong>g a secretariat <strong>and</strong> activities organised bythe consortium.The lapse <strong>in</strong> this consortium has resulted <strong>in</strong> poor representation of <strong>CSO</strong>s <strong>in</strong> governmentforums. When important forums are called, the heads of departments chose <strong>CSO</strong>representatives <strong>in</strong> an ad hoc <strong>and</strong> arbitrary manner <strong>and</strong> sometimes they missed outaltogether.Ways to improve collaborationVarious ways were cited on how to improve the collaboration. These <strong>in</strong>cludes:-• For <strong>CSO</strong>s to collaborate effectively with government, the Bungoma Districtconsortium needs to be revived. The <strong>CSO</strong>s need to be clear on who should be <strong>in</strong>the consortium <strong>and</strong> why they are com<strong>in</strong>g together. They should also br<strong>in</strong>g <strong>in</strong> therequired commitment both f<strong>in</strong>ancially <strong>and</strong> <strong>in</strong> terms of accountability - what theyare contribut<strong>in</strong>g to the sector.• The DDC should be professionalized, made leaner <strong>and</strong> have equal representationfrom the all the sectors. At the moment the government is over represented. Alaw should be passed <strong>in</strong> parliament to ensure that deliberations are supported bylegislation.• A community fund should be <strong>in</strong>stituted where <strong>CSO</strong> can get direct fund<strong>in</strong>g <strong>and</strong>be contracted by government. Management of this fund should be <strong>in</strong>partnership between government, civil society <strong>and</strong> the private sector. Thefundrais<strong>in</strong>g should also mobilise resources from the private sector as well asfrom Bilateral.• <strong>Government</strong> should also come up with a proper policy paper on how tocollaborate with the <strong>CSO</strong>s. There is need to have a firm policy <strong>and</strong> a professionalcoord<strong>in</strong>at<strong>in</strong>g unit at the district to enhance coord<strong>in</strong>ation <strong>and</strong> consolidateactivities of NGOs at the district level. <strong>Government</strong> Staff capacity to managethese collaborations should also be enhanced.• The government should br<strong>in</strong>g the actors together where they would have adistrict master (strategic) plan so that resources would be mobilise <strong>and</strong> thiswould enable many partners to have relevant contribution.10. PROVIDING A FIRM FOUNDATION: HOMA HILLS COMMUNITY DEVELOP-MENT PROGRAMMES COLLABORATIONS WITH THE GOVERNMENT ONEARLY CHILD HOOD EDUCATIONHoma Hills Community Development Programme (HHCDO) is a child centered NGOsituated on the shores of Lake Victoria <strong>in</strong> Rachuonyo District. The organization was71


<strong>in</strong>itially established as an Agricultural center by the Norwegian Save the Children (ReddBanna) <strong>in</strong> 1980 before be<strong>in</strong>g transformed <strong>in</strong>to a community development programme.When Redd Banna phased out the programme was h<strong>and</strong>ed over to a local Board whichcurrently manages the organization. HHCDO st<strong>and</strong>s out as one of the few NGOs whichcan truly claim to be community based be<strong>in</strong>g located <strong>in</strong> a relatively remote rurallocation.As a child focused organization one of HHCDO's immediate concerns was the lowschool enrollment <strong>in</strong> West Karachuonyo where it is located as well as the poor quality ofeducation facilities <strong>and</strong> <strong>in</strong>adequate tra<strong>in</strong>ed teachers. Perhaps of more concern to theorganization was the fact that Early Child Hood Education (ECD) was almost noneexistent. In the very few <strong>in</strong>stances where some form of ECD was provided it wasgenerally considered as non specialist <strong>and</strong> managed by untra<strong>in</strong>ed teachers.Accord<strong>in</strong>g to Stephen Sunguti the Sponsorship Officer at HHCDO, the organizationapproached the government who <strong>in</strong>dicated they lacked sufficient resources to fullysupport ECD <strong>in</strong> the area. HHCDO offered to sponsor local community members to betra<strong>in</strong>ed as teachers. Initially, <strong>and</strong> <strong>in</strong>terest<strong>in</strong>gly, to ensure retention of those tra<strong>in</strong>ed, theorganization targeted women who were married <strong>in</strong> the area s<strong>in</strong>ce they believed thesewere most unlikely to move away. The government on its part ensured thatopportunities were made available at government <strong>in</strong>stitutions for the Teachers to betra<strong>in</strong>ed. The government further mobilized community members to underst<strong>and</strong> theimportance of ECD <strong>and</strong> the need for them to pay for their children to attend Pre School.Initially, however, the programme faced a big challenge s<strong>in</strong>ce the Primary Schoolswhere most ECD centers were located, did not prioritize Pre School <strong>and</strong> tended toisolate the schools <strong>and</strong> their teachers. Homa Hills came <strong>in</strong> to provide physical facilities<strong>and</strong> at the same time started work<strong>in</strong>g with the Head Teachers to sensitize them with aview to ma<strong>in</strong>stream<strong>in</strong>g the ECD centers <strong>in</strong> their schools. Concurrently, HHCDOmobilized local communities to provide support to the pre schools.AchievementsStephen Sunguti is proud of what HHCDO has been able to achieve over the years.Enrollment <strong>in</strong> the ECD centers is at an all time high <strong>and</strong> community members are nowsold on the need to provide ECED for their children. He po<strong>in</strong>ts to the fact thatcommunity members currently come to the schools to prepare porridge to the childrenon a voluntary basis as a major plus for the programme.Every year, HHCDO has cont<strong>in</strong>ued to hold workshops with tra<strong>in</strong>ers drawn from thegovernment to develop tra<strong>in</strong><strong>in</strong>g materials us<strong>in</strong>g local available resources. Further, fromthe <strong>in</strong>itial certificate tra<strong>in</strong><strong>in</strong>g, a significant number of teachers have now moved up toDiploma level. While <strong>in</strong>itially, only a few Primary schools had pre-schools, currently allthe Primary schools <strong>in</strong> Kanam A <strong>and</strong> B locations where most HHCDO activities areconcentrated, have pre-schools <strong>and</strong> the ECD teachers are now seen as part parcel of theschool fraternity. Interest<strong>in</strong>gly, the HHCDO’s support to the ECD centers has been sosuccessful to the extent that the Pre-schools are now better equipped than the Primary72


Schools <strong>and</strong> Sunguti notes that children leav<strong>in</strong>g pre school to enter the Primary Schoolshave had to face some adjustments.ChallengesThe programme has however, not been without its challenges. The low wage packageoffered to ECD teachers has made reta<strong>in</strong><strong>in</strong>g them difficult. This has been exacerbated bythe fact that <strong>in</strong> some <strong>in</strong>stances even the little pay they get is delayed due to late paymentof fees by Parents. The government on the other h<strong>and</strong> cont<strong>in</strong>ues to provide onlym<strong>in</strong>imal support to ECD activitiesSunguti observes that <strong>in</strong> the whole of Rachuonyo district there are only three<strong>Government</strong> staffers at the District Early Childhood Education Center (DECECE). Thismakes supervision <strong>and</strong> technical support especially challeng<strong>in</strong>g <strong>and</strong> has affected thequality of education offered <strong>in</strong> the ECD centers. He also notes that the <strong>Government</strong> hastended to offer little <strong>in</strong> the way of support <strong>in</strong> localities where NGOs such as HHCDOexist assum<strong>in</strong>g that they (NGOs) will take up the responsibility of provid<strong>in</strong>g services.Lessons LearntHHCDO has over the years learnt that <strong>in</strong> order to work effectively with the GoK, it isimportant to share <strong>in</strong>formation <strong>and</strong> agree beforeh<strong>and</strong> on mutual roles <strong>and</strong>responsibilities. Otherwise accord<strong>in</strong>g to Sunguti, there is a tendency for <strong>Government</strong> tooverload NGOs with responsibilities. Additionally, it is critical to underst<strong>and</strong>government policies <strong>and</strong> plann<strong>in</strong>g modalities. He notes for <strong>in</strong>stance that <strong>in</strong>itiallyHHCDO had difficulties <strong>in</strong> implement<strong>in</strong>g projects with GoK because it did notunderst<strong>and</strong> the importance of the <strong>Government</strong>s f<strong>in</strong>ancial year <strong>in</strong> determ<strong>in</strong><strong>in</strong>g f<strong>in</strong>anc<strong>in</strong>gof projects <strong>and</strong> therefore implementation.Why Work With <strong>Government</strong>?Homa Hills has deliberately set out to work with the <strong>Government</strong> because it believesthis is important for the susta<strong>in</strong>ability of the projects it implements with localcommunities. HHCDO sees GoK as a key stakeholder <strong>in</strong> the development process <strong>and</strong>feels it can not be left out of any development activities.Ultimately, Sunguti says, HHCDO sees the primary responsibility of provid<strong>in</strong>g basicservices to the communities as the <strong>Government</strong>’s. HHCDO therefore works towardssensitiz<strong>in</strong>g communities on exist<strong>in</strong>g services offered by government as well asopportunities for improv<strong>in</strong>g the quality of services it offers.73

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