Security and rule of law
Organisation

Date

Reporting Period

Embassy of the Kingdom of the Netherlands, Nairobi (Kenya)

August 2015

2014

Activity

2014

Implemented by

Rio marker

Gender marker

Number

Name

Actual expenditure

Name Organisation

channel

mitigation/adaptation

significant/principal

significant/principal

25662

UNDP civil society democratic
governance facility

0

UNDP

Multilateral organization

Not applicable

Not applicable

Not applicable

23201

Institutionalizing comprehensive police
reforms

472.365

Safer World/ Usalama

NGO

Not applicable

Not applicable

Not applicable

23226

Transitional justice

66.251

ICTJ

NGO

Not applicable

Not applicable

Not applicable

23921

Kenya Media Programme

323.000

Hivos

NGO

Not applicable

Not applicable

Not applicable

23941

UNDP democratic governance and the
rule of law program

1.064.000

UNDP

Multilateral organization

Not applicable

Not applicable

Not applicable

Activity

2014

Implemented by

Rio marker

Gender marker

Number

Name

Actual expenditure

Name Organisation

channel

mitigation/adaptation

significant/principal

significant/principal

25304

Police reform

127.943

IMLU

NGO

Not applicable

Not applicable

Not applicable

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Result Area 2
Result Question 2.1a: To what extent did justice sector institutions and the
justice sector as a whole (incl. traditional/religious justice systems) provide
services that serve the needs of (various social groups within) society?
(outcome, country level)

Standard Indicator: How does the Rule of Law Develop in terms of
improvement in the Mo Ibrahim Index of African Governance?

Effective Rule of Law
The Judiciary increased its efficiency and effectiveness through continued implementation of the Judiciary Transformation Framework (JTF), which provides the
basis for its service delivery to Kenyans. The Judiciary demonstrated its independence and capacity to enforce the Constitution and to guarantee and safeguard
the rights of Kenyans by delivering rulings against excesses of the Executive and Parliament, most notable being a ruling in December 2014 which determined that
the Security Laws (Amendment) Act, 2014 was unconstitutional and would lead to violation of basic rights and fundamental freedoms. Another landmark ruling
was delivered against Parliament to the effect that MPs should not manage Constituency Development Funds (a source of patronage by elected leaders), with
Parliament threatening to deny the Judiciary budgetary resources. The Courts were successfully utilized as a mechanism to force the Executive to abide by the rule
of law: for instance, the High Court directed the Executive to register a trans-gender NGO and to allow a trans-gender person to change her names in her school
certificates and to be issued with a new ID card. To enhance its access and service delivery, the Judiciary appointed 25 additional High Court Judges (thereby
increasing the number of Judges and magistrates from 529 in 2013 to 626). It decentralized the Court of Appeal and built/ refurbished 2 High courts and 35
Magistrates courts and 6 sub registries and 19 mobile courts to make itself accessible in remote parts of Kenya. Alternative Dispute Resolution (ADR) is now
institutionalized as an informal justice mechanism, which is cheaper, faster and more accessible. Police reforms however registered slower progress, with the main
focus being on vettingTarget
of senior
police officers.
However,
of human
in relation to the
fight against terrorism remained, with no legal
Baseline
2017
Result
2012 allegations
Result
2013 rights violations
Result 2014
Source
action taken against the police. The Kenya National commission on Human Rights (KNCHR) and the Independent Police Oversight Authority (IPOA) registered
increased reporting against the police in relation to security operations following the Lamu terrorist attack and other activities at the Coast.
n.a.
Improved index
47.6 out of 100.
Medium at 55.4
Mo Ibrahim Index of African Governance
out of 100

Indicator 1 : The population is satisfied with the performance of the
justice sector (%) and record increasing trust in judiciary and police
(level of trust in police and judiciary)

2007 < 20% trust
in judiciary.
Lowest trust police

Increasing in
judiciary, not
worse police

Lower trust police
(33%).Higher trust
judiciary (80%).

Low - 33% trust
police; High - 68%
trust the Judiciary

Infotrack/ Ipsos Synovate Surveys, Gallup World

Indicator 2 : Various social groups (in particular based on gender
[women, LGBT], but also groups based on race, ethnicity, religion,
political affiliation) have access to the justice system

n.a.

Increased access
to justice system
vulnerable groups

Yes. NCAJ, CuCs
offer more
inclusive AtJ

Yes, CuCs
inclusive. Amkeni
focus of special gp

State of the Judiciary report, Amkeni reports, UNDP
annual report

Indicator 3: The extent to which citizens are aware of their basic rights
(e.g. human right; legal representation) has increased. Increase in
number of human rights complaints recorded by NHRI

n.a.

Increased #
human rights
complaints

Yes. More human
rights complaints
to KNCHR

36% increase
complaints to
KNCHR

KNCHR report

Result Question 2.1b: To what extent has your programme contributed to
this result? (output, programme level)

Indicator 1 : Projects in judiciary reform and access to justice are based
on needs assessments

The Embassy is an active donor supporting implementation of the JTF, through which support to the National Council for the Administration of Justice (NCAJ) for
coordination of the justice sector was provided, ADR was operationalized, Judges and Magistrates trained and operational rules and procedures to reduce barriers
to accessing justice developed. These rules and procedures include the Court of Appeal rules to guide practice and procedures in court stations and registries by
harmonizing filing processes and simplifying registry procedures, leading to a reduction of pending cases at the Court of Appeal to 1%. Decentralization of the
Court of Appeal led to reduction in the waiting period for determination of appeals from 12 to 2 years. ADR has been operationalized (47 ADR centers were
established) and Court users Committees (CuCs) are now fully functional in 86% of court stations and are providing the basis for people oriented service delivery
and participation of the public and CSOs in the justice sector. Impact of police reform has however been minimal, with the only major step being in vetting of police
officers (196 senior police officers were vetted and some found unsuitable to serve on the basis of involvement in corruption, human rights abuses and poor
performance). The Embassy supported NGOs inlcuding ICTJ and Saferworld which gave technical advice to the National Police Service Commission on
development of police vetting tools and guidelines, and IMLU, which organized the public to give information on officers to be vetted, and monitored and
documented the vetting process. In addition, through support to Usalama police reforms forum, some progress was made in streamlining community policing
structures in selectedTarget
Counties.
were undertaken
through
Wakenya,
Baseline
2017Other interventions
Result 2012
Result
2013 AmkeniResult
2014which implemented
Source programs to enhance adherence to the rule
of law, access to justice and respect for human rights in all 47 Counties including training of police officers on human rights and gender. NL Embassy is the lead
donor of the UNDP managed
Amkeni Wakenya civil society program
(together
and the
EU).
of the
Judiciary report, UNDP annual report
Yes for
CSO with Sweden,
A case Norway,
audit andJapanState
n.a.
n.a.
basket, JTF and
institutional
AP Judiciary
capacity survey

Indicator 2: Activities are undertaken to raise awareness about rights,
particularly among specific groups within the population ; (think in
particular about groups based on gender [women, LGBT], but also
groups based on race, ethnicity, religion, political affiliation)
Indicator 3: Obstacles (financial, practical, legislative) for reporting
crime have been reduced

Embassy started
and leads NGO
basket

activities
implemented due
to embassy suppor

NL leads NGO
basket with focus
on human rights

By Amkeni NGOs NL Embassy lead
donor

Amkeni reports

n.a.

obstacles reduced

obstacles corruption, human rights
violations remain

Police P3 forms
accessible for free
Ignorance challeng

Usalama, IMLU Reports

Indicator 4: Female police officers have been appointed and other
gender sensitive measures implemented

n.a

Constitutional
two-thirds gender
rule

% female officers
still low at 11%.

Low at 11.6%

National Police Service report, Reports of IMLU,
Usalama

More indicators

Result Area 2
Result Question 2.2a: Is there progress in developing a functioning justice
system that operates as a system? (outcome, country level)

Effective Rule of Law
The National Council for the Administration of Justice (NCAJ) is a framework for the coordination and functioning of the justice sector organs. It is made up of the
Judiciary, Police, Investigations, Prosecutions, Prisons and Probation departments and also incorporates the KNCHR, Ombudsman, Gender Commission and
CSOs. The NCAJ meets on a regular basis to address any bottlenecks in the justice chain, assess performance and progress of reform and review allocation and
utilization of resources for optimal service delivery. For instance, through the NCAJ, the Judiciary was able to re-allocate KES 1 billion from its budget to the
seriously underfunded Directorate of Public Prosecutions in the 2013/14 FY to support the function of prosecutions, which was inhibiting efficient judicial work. The
Judiciary was also able to develop mechanisms, in conjunction with the Police and the National Transport and Safety Authority, for speedier disposal of traffic
offenses, including the setting up of mobile traffic courts and payment of fines, court fees and cash bails through the use of mobile money thereby reducing
avenues for corruption. Measures for decongestion of prisons through the use of non-custodial sentences; use of reasonable bail and bond terms and reduction of
case backlog were implemented under the auspices of the NCAJ. In addition, the Court Users Committees (CuCs) provided a framework for engagement with
traditional justice mechanisms including through the participation of CSOs who feed-in citizen needs and perspectives in the justice sector, and provide training to
the justice sector on human rights and gender.
Target 2017
Baseline
Result 2012
Result 2013
Result 2014
Source

Standard Indicator: The Judiciary (and other justice sector actors) are
functioning independent (from the executive and legislative powers in
the state) according to the World Justice Project 7 point scale

0.23/1.00 in 2010

0.7

0.51/1.00

Improved at
0.56/1.00

World Justice Project rule of law index

Indicator 1: Increased # of trained judicial officers

2010 lack of
training of judicial
and police officers

continued training,
more trained
officers

4,838 trained with
improved performance in 70%

All Judiciary staff
undergo
continuous training

Usalama, IMLU report, State of the Judiciary report,
UNDP Annul report

Indicator 2: % of female police officers and judges and magistrates (%
women in police and % women in judges and magistrates)

37% female
judges. Police less
than 10%

Judges meet
gender rule police
increase % women

police (11%);
judges and
magistrates 45%

11.6% police;
judges and
magistrates 48%

State of the Judiciary report, National Police Service

Indicator 3: Different actors in the judicial chain work in a coordinated
way - NCAJ continues to improve its functioning.

Poor coordination
justice chain

NCAJ solves
bottlenecks

Yes - NCAJ more
inclusive and more
effective

NCAJ addressing
justice chain issues

State of the Judiciary report, ICTJ, IMLU reports,
UNDP annual report

Result Question 2.2b: To what extent has your programme contributed to
this result? (output, programme level)

The Embassy support to the Judiciary has a specific component tailored towards support to the National Council for the Administration of Justice (NCAJ), Court
Users Committees (CuCs) and the Judiciary Training Institute (JTI), which is responsible for continuous training of judicial officers. Partly as a result of the
Embassy support, court performance improved with an overall Case Clearance Rate of 76% and reduction of case backlog in the Court of Appeal to 1%. Enhanced
access to the Judiciary and simplification of court procedures led to a 56.6% increase in cases filed in court; a demonstration of increased trust and confidence in
the Judiciary. CSOs supported by the Embassy (IMLU, ICTJ, KPTJ, Amkeni wakenya CSOs in the regions) are active members of the NCAJ and CuCs and have
increased dialogue between the justice sector institutions and the civil society. Through their engagement and participation, CuCs have advised on a rights based
and people focused approach to policing and accessing justice and have continued to advise on measures to reform traditional justice mechanisms to infuse
gender and human rights in the delivery of justice. CuCs are now fully functional in 86% of court stations where they play a central role in enhancing dialogue and
finding solutions to unique justice sector challenges specific to each County. The capacity of judicial officers was enhanced through training provided by the JTI in
addition to capacity building trainings on gender and human rights delivered by embassy supported NGOs to the Police and Prisons departments. The KPTJ also
provided specialised training to Judges on litigating socio-economic rights, including pilot training on Public Interest Litigation to enhance the Judges practical
Baseline
2017
Result
2012
Result 2013
Result 2014
Source
Target
understanding of these
new provisions
under
the Constitution.

indicator 1: Regular training scheme for judiciary staff is implemented

2010 no
Established
established training Judicial education
schemes
system

Yes

Continuing judicial
education by JTI

State of Judiciary report, Kenya School of
Government report

Indicator 2: A structure for dialogue between the various institutions
within and without the justice sector exists through the increasingly
inclusive and effective NCAJ and the increasing number of CUCs.

2010 no structural
dialogue

CuCs in all 47
Counties;
Functioning NCAJ

Yes (at least 17
CuCs fully
functioning)

CuCs in 86% of
court stations;
NCAJ inclusive

State of Judiciary Report, Usalama/saferworld, IMLU
reports

Indicator 3: Inclusion of civil society in justice sector reforms through
both judiciary and civil society support

2011 CuCs with
NGO membership
only in 4 counties

NGO participation
in all CuCs and
police reform

Yes. NGOs in
NCAJ and CuCs
and police reform

CSOs members of
the CuCs, police
reforms WG

State of Judiciary Report, IMLU, Usalama/ Saferworld,
Amkeni reports

More indicators

Result Area 2

Effective Rule of Law

Result Question 2.3a: To what extent are separate justice sector institutions
and the justice sector as a whole internally and externally accountable for
their performance?

Performance management has now taken root in the Judiciary as one of the tools for promoting accountability for results towards expeditious delivery of justice.
The Directorate of Performance Management is implementing the Performance Management and Measurement Understanding (PMMU) which is improving
accessibility and affordability of judicial services and is enhancing efforts to eradicate corruption in the Judiciary. In 2014, the Directorate of Performance
Management conducted a Judiciary Case Audit and Institutional Capacity Survey, which now constitutes the official baseline data on performance of the courts and
judicial officers including data on case load and case backlog and trend analysis to inform clear interventions. It also conducted an Impact Evaluation and
Diagnostic Study to identify points of delay in the disposal of cases and their causes at each stage of case processing. Externally, Judiciary performance is
assessed annually through the State of the Judiciary Report (SoJR). Internally, the Judiciary Ombudsperson receives complaints from the public against judicial
officers and staff: In 2014, the Judiciary Ombudsperson received 2001 complaints and closed 2551 complaints, including some carried over from the previous year.
Citizens Service Delivery Charters have been introduced in all court stations, with annual open days conducted to enhance engagement with the public. However,
challenges in transforming the Judiciary were faced, with some allegations of financial mismanagement reported leading to the dismissal of senior Judiciary staff
including the Chief Registrar and Directors of Finance and Procurement (who are currently facing charges in court): a new senior management team was recruited
to clean up and lead the Judiciary towards its goal of transformation. Within the National Police Service, complaints against police officers during the vetting
Target 2017
Baseline
Result 2012
Result 2013
Result 2014
Source
process were channeled through the National Police Service Commission (NPSC), whereas other regular complaints were addressed through the Internal Affairs
Unit. The IPOA became more visible and assertive in investigating and holding the police to account for misconduct, human rights violations and poor performance
2010:
Police
index 1210 complaints against the
Police
Police
High atfrom
75%complaints
Corruption
perception
index, East
African
Bribery
in security
operations.improving
IPOA received
police70.7%,
(marking a 144%
increase
received
the previous
year).
Despite
all these
77.7%.
Judiciary
police
judiciary as one of the most unaccountable
judiciary 38.3%.
Judiciarythat
Lower
at
Index,
Afro barometer
efforts, the
Police Service
is and
still regarded
public institutions
is resistant
to reform.
59.3%
33%

Standard Indicator: TI Corruption perception index for police and
judiciary

Indicator 1: Improvement in Rule of Law perception index World Bank
(-2.5 weak and 2.5 strong)

2013 -0.85

improved index

-0,85

Slightly improved
at -0.7

World Bank Worldwide Governance Indicators

Indicator 2: Internal performance evaluation systems are in place and
are functioning in judiciary

2010 lack of
systems

Fully functional
system in judiciary

SDCs for court
stations. Pilot
IPMAFS

PMMU piloted and
now
institutionalized

State of the Judiciary report, UNDP annual report

Indicator 3: External performance evaluation systems are in place and
are functioning in judiciary

2010 no systems

system pilot in
place

Systems limited to
donorsupport,
public reporting

Second SoJR
released , Annual
open days held

State of the Judiciary report, UNDP and World Bank
reports

Result Question 2.3b: To what extent has your programme contributed to
this result?

The Embassy supported institutionalization of performance management in the Judiciary including the Monthly Court Statistics reports (which demonstrate the
performance of courts in terms of case clearance rate and disposal time of cases per court station - which increased to 76%), the Judiciary Case Audit and
Institutional Capacity survey and the Impact Evaluation and Diagnostic Study, which will form the basis of future performance assessment in the Judiciary. NL
Embassy support to the JTF also goes towards complaints handling by the Ombudsperson and reduction of case backlog in which the case backlog in the Court of
Appeal was reduced to 1% and percentage of cases concluded overally increased by 53.3%. Vetting of police officers was supported through CSOs (IMLU,
Saferworld, ICTJ) which provided technical advice, facilitated public participation and exercised oversight over the vetting: 196 senior police officers were vetted ,
with those found unsuitable to serve on the basis of involvement in corruption, human rights abuses and incompetence dismissed from service. The input of the
CSOs helped in documenting and providing reliable information used to vet the officers, and in facilitating citizen engagement with the process.

Baseline

Target 2017

Indicator 1: % of police officers, judges and magistrates vetted

2010 no vetting of
judicial and police
officials

Indicator 2: Legislation and procedures in place for civilian oversight
police

Indicator 3: Civil society participation in judiciary and police reform
strengthened

More indicators

Result 2012

Result 2013

Result 2014

Source

100% and vetting
new appointmenrts
done

Judges 100%
magistrates 30%
police low #

Chief and Principal
magistrates vetted.
196 police officers

Reports of the JMVB, NPSC, Reports of IMLU, ICTJ
and Usalama

2011 legislation
IPOA

IPOA fully
delivering mandate

Yes IPOA 1st year
functioning

IPOA fully
functional holding
Police accountable

IPOA reports

2010 weak NGO
participation in
justice sector

Institutionalised
NGO participation
judiciary, police

judiciary
institutionalising
police improved

CSOs part of
police reform WG,
CuCs, NCAJ

IMLU, Usalama, Amkeni Reports

Assessment of results achieved by NL across the entire Result area 2

Effective Rule of Law

B.

Results in reform of the Judiciary were achieved as planned owing to a reform minded leadership of the Judiciary, inclusive approach to accessing and delivering
justice and involvement of the civil society. Progress in police reform was slow with some positive developments, such as the resumption of the vetting process,
attempts to institutionalize community policing, and further development of accountability organs such as the Internal Affairs Unit and Independent Police
Oversight Authority. The slow pace of police reforms can largely be attributed to lack of political will and limited commitment to change within the leadership of the
security sector. Persistent threats of terrorism and the ineffective police response have further slowed down police reform. The leadership seems overwhelmed by
incident management.

Results achieved as planned

Reasons for result achieved:

Implications for planning:

The Judiciary has demonstrated the ability, capacity and political will to be people oriented, improve its performance, enhance its efficiency and effectiveness and
to reform itself thereby leading to enhanced access to justice in Kenya. In addition, the Judiciary has demonstrated its independence and willingness to safeguard
the Constitution and citizen rights against state impunity. The results achieved so far through Embassy support are impressive and need to be sustained in order
to contribute to effective rule of law in Kenya. Reform of the Judiciary therefore remains a priority focus area of the Embassy. To complement and sustain results
achieved through support to the Judiciary and to enhance citizen engagement and participation as beneficiaries, the Embassy has initiated two new support
programs to NGOs on Public Interest Litigation through KPTJ (taking advantage of a reformed Judiciary to enforce rights) and on access to justice for the poor
and vulnerable through Kituo cha Sheria. Engagement with NGOs supporting police reform is expiring in 2015 and 2016; in view of decreasing budgets and the
need for focus, as well as the (un)likelihood of success, the Embassy may not provide follow-up support in the area of police reforms.

Result Area 3
Result Question 3.1a: To what extent are the political and peace processes
within the target area of your programme effective and inclusive?

Inclusive Political Processes
Kenya remains a deeply divided society with ethnicity taking the center stage in politics and even in socio-economic interactions following the highly divisive
political campaigns in the run up to the 2013 general elections: in 2014, Kenya had a 56.6% score on the National Social Cohesion Index and is ranked very low at
position 18 on the Fragile States Index. The agency established to foster national cohesion, the National Cohesion and Integration Commission (NCIC) has been
undertaking projects across the country to reduce ethnic profiling and polarization and has taken a few political leaders to court to face charges of engaging in hate
speech: however, cases facing politicians have all been settled out of court with no conviction, thereby reinforcing impunity of political leaders. District Peace
Committees (DPCs) actively engaged communities and the local administration in peace processes, in particular, between the perennial conflicting communities of
Turkana, Pokot, Samburu and Marakwet where many lives have been lost in banditry and cattle rustling, with some minimal success registered in agreeing to
temporary cease-fire, compensation by the communities and peace accords. The President launched the Pamoja Initiative as a framework for peace and
reconciliation in the Country. The devolved system of government, which was in its second year of implementation, is designed as an all inclusive and people
focused development model which takes services and government closer to the people thereby enhancing cohesion by reducing competition for access to national
resources. Devolution is however facing numerous challenges and teething problems that continue to be addressed to make it effective and responsive to the
needs of the people. Target
The Constitution
in general
national values
under
Article 10 provide
the frameworkSource
for inclusive political processes thereby enhancing
Baseline
2017
Resultand
2012
Result
2013
Result 2014
cohesion and ethnic tolerance of Kenyans.

Standard Indicator: Increased trust in the political or peace processes
by different groups and citizens

2008 Trust in
IEBC 49%

Higher public trust

Trust in the IEBC
reduced to 55%
after elections.

48% perception
that elections are
free and fair

NDI, Ipsos Synovate, Infotrack polling agencies

Indicator 1: Level of probity and integrity of political bodies

2008 trust in IEBC
at 49%

increased trust in
political bodies

Trust in politicians
after elections 16%
IEBC at 56%

Trust in politicians
low 23%; Trust in
IEBC lower at 42%

NDI, Ipsos Synovate, Infotrack

Indicator 2: Diversity (sex, religion, geographical representation,
ethnicity, political parties) in representation in important institutions (%
of women MPs; senators; cabinet, judges and magistrates; police
officers)
Indicator 3 : Adequate participation in elections and public governance

Women MPs
9.8%

plan adopted to
implement gender
rule

19,4%; 27%; 33%;
34%; 11%

MPs 19.4&; Senate UN Women Gender Analysis report 2013 elections,
27%; MCAs 34%;
FIDA-K gender audit of elections,
CSs 33%

2010: low # of
women registered
to vote

increased %
women registered
to vote

47% women
registered to vote

Same as 2013 47%

Result Question 3.1b: To what extent has your programme contributed to
this result?

Indicator 1: Number of improved mechanisms (and the description
thereof) for interaction between government, groups and citizens

Election monitoring reports (AU, EU), ELOG, FIDA-K
report on audit of elections, UNDP report

The Embassy, through support to URAIA and the UNDP managed Amkeni Wakenya civil society facility, facilitated public participation and engagement in
devolved governance including exercising a watchdog role over public expenditure in the Counties as well as lobby and advocacy for progressive legislation to
implement devolution. The Embassy supported CSOs were also involved in peace processes through local level CuCs and DPCs. They in addition used ADR to
resolve some communal disputes within the Counties and fostered ethnic understanding and peaceful co-existence, for example, URAIA was able to work with
conflicting local communities in western Kenya to resolve longstanding border disputes and conflicts that were exacerbated by the outcome of the 2013 general
elections. Similar interventions were conducted in northern Kenya and at the Coast. Support to implementation of the Constitution through the Commission for
Implementation of the Constitution (CIC) facilitated enactment of 26 pieces of legislation and meaningful public participation and inclusion of women, youth,
persons with disabilities and other marginalized groups in devolution and political processes. CIC developed a Public Participation Policy that was adopted as the
framework for implementation of constitutional requirement on public participation. With the lowest trust level registered against the Independent Electoral and
Boundaries Commission (IEBC), it undertook a number of initiatives aimed at correcting its credibility image and low public trust after the 2013 general elections: it
conducted an all-inclusive review and evaluation of the general elections and involved a wide variety of stakeholders including media, CSOs, political parties and
the International Community
with a view towards
lessons
improved
voter education
and outreach to increase participation of women,
Baseline
Resultdocumenting
2012
Resultlearnt
2013 to informResult
2014
Source
Target 2017
youth, Persons with Disabilities (PWDs) and other marginalized groups in the 2017 general elections The IEBC CEO and senior directors in charge of finance,
procurement and IT were dismissed and have been charged in court for involvement in corruption, fraud and other irregularities related to various procurements
ADR and civil
DPCs in 47
DPCs established
ADR mechanism
URAIA, Amkeni Reports, UNDP, NCIC reports
for the 2013 elections (the NL Embassy was the first donor to have claimed some money back from the IEBC support when reports of financial and procurement
society engage
counties, engaging
after PEV
continued to be
improprieties surfaced).
ment with DPCs
public, CSOs, govt
used successfully

Indicator 2: Gender-related aspects or perspectives are taken into
account in peace processes or dialogues

Women and
children hard hit in
PEV

embassy support
enforces inclusivity

baskets are
inclusive, DPCs
include women

DPCs and peace
processes include
women

UNDP, NCIC, Amkeni report, Uraia report

Indicator 3: Number of mediation processes supported/election related
conflicts solved through constitutional procedures

2007/8:PEV

ADR increasingly
used

EDR established,
44 ADR initiatives
supported

47 ADR initiatives
established in the
Counties

State of the Judiciary Report, UNDP Uraia, Amkeni
reports,

Indicator 4: Participation in elections is promoted

2007: turn out 69%

by-elections
turnout equals
turnout 2013

Voter turnout
85.9%

Continuous voter
registration
commenced

IEBC, UNDP reports

More indicators

Assessment of results achieved by NL across the entire Result area 3

Inclusive Political Processes

C.

NL Embassy support in this result area is quite minimal.

Results achieved poorer than planned

Reasons for result achieved:

The slow pace of implementation of devolution and the teething problems faced affected the extent of achievement of results. A number of Embassy supported
CSOs initially were unable to find an entry point for engagement with the County governments, which viewed them with suspicion. However, over time, trust has
developed and meaningful engagement has commenced thereby enabling CSOs to faciltate public engagement and oversight over County governments, including
involvement in the County level peace processes. At the national level, and with the President and Deputy President facing charges for crimes against humanity
before the ICC, ethnic intolerance and divisive politics remained. The Government has increased pressure over civil society, with attempts to enact legislation to
limit their space: this has kept CSOs busy fighting for survival rather than be fully focused on their core programs.

Implications for planning:

The Embassy support to UNDP managed Amkeni Wakenya as well as URAIA concluded in 2014. With the phasing out of the Security and Rule of Law program
and attendant budget cuts, new support to Amkeni is likely to be quite minimal as well as the support to URAIA to support peaceful and inclusive political
processes in the run to the 2017 general elections: these are envisaged from 2016 to minimally contribute to this result area. In addition, two Strategic
Partnerships working in Kenya have broad objectives formulated around political processes and participation on elections with a focus on women. Similalrly,
ongoing support to CSOs working around access to justice (Kituo cha Sheria) and public interest litigation (KPTJ) and planned support to KNCHR and an
additional NGO to support work around security, governance and human rights is likely to influence, to a small extent, inclusivity in devolved governance as well
as political and peace processes. CSOs will remain important in the Embassy strategy, especially in the wake of increasing pressure against their work. The
Embassy will continue to support implementation of the Constitution, which has elaborate provisions for public participation and engagement.

Result Area 4

Legitimate and Capable Government

Result Question 4.1a: To what extent are government institutions better
able to perform their core tasks, in your programmes target area?

Devolved system of governance under the 2010 Constitution took shape, but still faced a number of challenges including over expenditure on recurrent
expenditure and under expenditure on development, with questions of lack of accountability, corruption and wastage of public funds being raised. Opposition and
Governors’ push for a national referendum to increase Treasury financial allocations to County Governments gained prominence in the year, with corresponding
calls to County Governments to be more transparent and accountable; attempts to impeach 11 Governors were initiated with only one successful impeachment on
grounds of financial improprieties. These notwithstanding, Kenyans still had high level of confidence in devolved governments with 71.2% supporting devolution as
the mechanism through which government service delivery would be enhanced. In general, government expenditure on infrastructure, education and health (a
devolved function) as well as on security (given the increased threats of terrorism) increased. The unemployment rate remained high at 40%, even though the
number of people employed rose from 13.5 million in 2013 to 14.3 million, with 799.700 jobs created: this can mainly be accounted for by the high number of
recruitments that took place in the new County governments. This is however expected to reduce in 2015, with planned retrenchments to curb the spiraling public
sector wage bill. High level of grand corruption, and insecurity remained the biggest challenges to government performance where it scored very poorly, and
negatively affected tourism (an important driver of the economy) where revenue generated reduced by KES 6.9 billion. However, one notable effort initiated to
address corruption inTarget
service2017
delivery, increase
efficiency
services
to the people
Huduma Centers, which have enhanced efficiency
Baseline
Result
2012 and to bring
Result
2013 closer Result
2014 was the Source
and transformed service delivery to Kenyans: 15 Centers were established in 2014.

Standard Indicator: Perception by civilians that the quality and quantity
of basic government services has improved indicated by national
bribery index Kenya
Indicator 1 : Government succesfully broadens the provision of basic
services (primary education enrollment; under 5 child mortality per
1000; national unemployment rate).

25

29.5

7.9

12.3

East African Bribery Index

100%; 35/1000;
30%

97%; 63/1000;
44 %

98%; 62/1000;
46%

99%; 52/1000;
40%

KNBS- Kenya facts and figures

40%

61%

64%

Gallup World Poll (Percentage of respondents(n), who
have confidence in the national government, n=1000)

2011 = 28.8

2011 = 95%;
73/1000; 43%

Indicator 2: Confidence in the national government

Result Question 4.1b: To what extent has your programme contributed to
this result?

The Embassy supported Transparency International (TI) and Amkeni Wakenya CSOs to facilitate citizen participation and engagement with County governments,
including their ability to exercise oversight especially against corruption, and to develop the East African Bribery Index. The 3 TI Advocacy and Legal Advisory
Centers and the 44 Amkeni Wakenya County Citizen Oversight Committees that were formed provided citizens with the opportunity to monitor, document and
report corruption : these initiatives were at the County and not the National level, and they contributed to enhancing County government accountability and citizen
demand for services, with increased reporting on corruption. Citizens in some Counties have been empowered to initiate impeachment motions against Governors
and County Executives on allegations of corruption. Corruption however remains a key challenge, especially in the public sector, with Kenya ranked at number
145 with a score of 25/100 (very corrupt). Police has been ranked as the most corrupt and County Governments 6th most corrupt.

Baseline

Target 2017

Result 2012

Result 2013

Result 2014

Source

Indicator 1 : Number of participants in TI Citizen Demand Programme
meetings with stakeholders (attendees)

2011 = 2500

5.000

4.000

5.117

15.285

TI-Kenya Annual report

Indicator 2: Number of government officials trained under TI
institutional strengthening programme # (#female)

2011 - 250 (104)

500 (250)

311 (95)

350 (124)

180 (62)

TI-Kenya Annual report

Result Area 4

Legitimate and Capable Government

Result Question 4.3a: Has progress been made in supporting democracy, in
your programme’s target area?

The results reflected in this result area, under the indicators below, are similar to 2013 results, when general elections were held, with the participation and
inclusion of women, youth, PWDs and other minority groups marginally low. The Supreme Court in 2013 issued an advisory opinion to the effect that the
provision under Article 27(8) and 81(b) that no more than two-thirds of the members of an elective or appointive body shall be of the same gender; shall be
achieved progressively and required legislation to effect these provisions should be in place by 27 August 2015. For this reason, in 2014, there was substantive
discussion in Parliament, the academia and with constitutional commissions on how to meet this Constitutional requirement which is a significant gain for women
and democracy in general as it would substantively enhance the inclusion and participation of women in leadership at both the national and county levels.
Following the 2013 general elections, for which the gender rule did not apply, 0% women were elected to Senate, 18.7% to the National Assembly and 5.7% to
the County Assemblies. However, with political party nominations, these increased to 27%, 19.4% and 34% respectively for women who constitute 52% of the
population. No women were elected as Governors. Women Cabinet Secretaries make up 33% of the Cabinet. A solution for meeting this requirement is yet to be
found, with both the Attorney General and the Speaker of the National Assembly having requested for postponement of its realization. A Bill to that effect is
currently pending in Parliament and has been opposed by the opposition CORD, the Commission for Implementation of the Constitution and the womens
movement.
Target 2017
Baseline
Result 2012
Result 2013
Result 2014
Source

Standard Indicator: Citizens, men and women, including those from
minotity groups, are equally participating in political decision-making
processes. (% of women MPs; senators; cabinet). Info on minority
groups NA
Indicator 1: Participatory role of youth in democratization processes
has increased (% of elected youth in parliament)

9.8% female MPs

2/3rds gender rule

19.4%; 27%; 33%

19.4%: 27%: 33%

FIDA - A gender audit of Kenya’s 2013 elections
process, UNDP, IEBC reports

n.a.

30%

8%

Low at 8%

CIC, IEBC, Amkeni, UNDP reports

Result Question 4.3b: To what extent has your programme contributed to
this result?

Public participation and inclusion in political processes is a right under Article 10 and Article 91 of the Constitution. The Embassy supported the Commission for
Implementation of the Constitution to foster and facilitate public participation in devolution and law making at both the national and county levels. CIC involved
240 youth in 4 county forums on implementation of the Constitution. CIC also prepared the Public Participation Policy, which is the guiding framework for
implementation of relevant constitutional provisions on participation and inclusion. NGOs under Amkeni Wakenya were also supported to facilitate citizen
engagement and participation in governance, with a special focus paid to the youth, PWDs and marginalized communities and groups. Support to IEBC and CIC
also facilitated enactment of the Campaign Finance Act, whose aim is to level the political playing field by regulating the amount of money that can be spent in
political campaigns. It is expected that this law will increase women participation and chances of success in elections including for the youth and PWDs:
unregulated campaign financing in Kenya has skewed the odds against women candidates as well as other marginalized groups since they command less
economic resources as compared to their male counterparts.

Baseline

Indicator 1: Number of activities geared towards youth and minorities
(specific activities aimed to include youth and minorities in decision
making)

n.a

Target 2017

Result 2012

Result 2013

Result 2014

Source

2

4

CIC, UNDP, Amkeni reports

Assessment of results achieved by NL across the entire Result area 4

Legitimate and Capable Government

B.

Results achieved as planned at the level of TI-Kenya programme, support to the CIC and UNDP CSO basket fund Amkeni Wakenya. Public participation is now
institutionalized with the County Governments coming to an understanding that participation is not only a right guaranteed under the Constitution, but a critical
element of good governance and sustainable development. Corresponding to this is the legislative recognition and acknowledgement of citizen right to information,
leading to tabling of a Freedom of Information Bill in the National Assembly, whose preparation was facilitated by the CIC and CSOs. However, even with the
substantive public engagement, corruption still permeates the operations of County governments, with allegations of fraud and mismanagement of funds reported
by the Controller of Budget and the Auditor General. Some few County officials were charged in court and one Governor impeached on the basis of corruption and
mismanagement of public resources.

Results achieved as planned

Reasons for result achieved:

Implications for planning:

Corruption remains a big problem in Kenya, and with corruption being a major impediment to the business environment, the Embassy will maintain its program
with TI-Kenya. At the same time, the Embassy will maintain programs that work with NGOs to facilitate enhanced citizen participation and engagement in the
governance sector, including programs that undertake oversight and monitoring of devolved government structures in order to make them more transparent and
accountable.

Back

Result Area 2 (remaining indicators)

Effective Rule of Law

Result Question 2.1a: To what extent did justice sector institutions and the justice sector as a whole (incl. traditional/religious justice systems) provide services that serve the needs of (various social groups within) society?
(outcome, country level)

Indicator 4: Physical accessibility of the justice sector institutions
(formal and customary) has increased

Baseline

Target 2017

n.a.

Increased number
of courts

Result 2012

Result 2013

Result 2014

Source

45 new/
refurbishe, mobile
or prefab courts

35 new/ refurbishe,
19 mobile courts,
47 ADR centers

State of the Judiciary report, KNBS

Result 2013

Result 2014

Source

Result Question 2.1b: To what extent has your programme contributed to this result? (output, programme level)

Baseline

Extra indicator...

Extra indicator...

Extra indicator...

Extra indicator...

Back to result area 2

Target 2017

Result 2012

Result Area 2 (remaining indicators)

Effective Rule of Law

Result Question 2.2a: Is there progress in developing a functioning justice system that operates as a system? (outcome, country level)

Baseline

Target 2017

Indicator 4: The judiciary budget is increasingly met by the
government based on its realistic needs as an indicator of
independence of the judiciary.

2010
constitutional
independence

Indicator 5: % of suspects who stay in pre-trial detention

New CJ with
reform
credentials

Result 2013

Result 2014

Source

Judiciary fully
funded by
government

15.3 Billion

16.1 Billion

Printed budget estimates

Reduced

reduced to 36%
(from 44%)

Slightly reduced at
34.2%

State of the Judiciary report, IMLU, KNCHR reports

45%

61%

51%

Gallup World Poll (Percentage of respondents(n), who
have confidence in the judicial system, n=1000).

Result 2012

Result 2013

Result 2014

Source

Indicator 6: Confidence in the judicial system

Result 2012

Extra indicator...

Result Question 2.2b: To what extent has your programme contributed to this result? (output, programme level)

Baseline

Extra indicator...

Extra indicator...

Extra indicator...

Extra indicator...

Back to result area 2

Target 2017

Result Area 2 (remaining indicators)

Effective Rule of Law

Result Question 2.3a: To what extent are separate justice sector institutions and the justice sector as a whole internally and externally accountable for their performance?

Baseline

Target 2017

Indicator 4: Internal complaints mechanisms are in place and are
functioning and handling increasing numbers of complaints in judiciary

2010 no internal
complaints
mechanism

Indicator 5: External complaints mechanisms are in place and
incresasing numbers of external complaints are processed

2010 No external complaints
mechanisms

Result 2012

Result 2013

Result 2014

Source

Fully functional
mechanism

OJO liaison offices
in all court
stations.

IPOA, Internal
Affairs, Judiciary
Ombudsperson

Reports of the Judiciary Ombudsperson, IPOA

IPOA and OJO
handle increased
#

IPOA handled 913.
OJO received
9,093 closed 7,953

IPOA 1210 cases;
OJO 2001 cases,
2551 closed

Reports of the Judiciary Ombudsperson, IPOA

Result 2013

Result 2014

Source

Extra indicator...

Extra indicator...

Result Question 2.3b: To what extent has your programme contributed to this result?

Baseline

Extra indicator...

Extra indicator...

Extra indicator...

Extra indicator...

Back to result area 2

Target 2017

Result 2012

Result Area 3 (remaining indicators)

Inclusive Political Processes

Result Question 3.1a: To what extent are the political and peace processes within the target area of your programme effective and inclusive?

Baseline

Target 2017

Indicator 4: Presence of political and social conflicts (extent to which
conflicts between parties are resolved peacefully/reduction in violent
incidents between groups)

2007/8: PEV

Indicator 5: All relevant aspects of peaceprocess are in place and
functioning (space for dialogue, constitution, reconciliationproces,
early warning, local commissions, etc.)

2007/8 KNDR

Result 2012

Result 2013

Result 2014

Source

all election
disputes resolves
peacefully

189 election
disputes to court
some violence

NCIC conducted 8
community
mediation sessions

NCIC, NSC, IReports

processes for
reconciliation
remain functioning

KNDR ended,
constitution imple
mentation patchy

DPCs operating in
the Counties

NCIC, Amkeni, Uraia, reports

Result 2013

Result 2014

Source

Extra indicators...

Extra indicators...

Result Question 3.1b: To what extent has your programme contributed to this result?

Baseline

Extra indicators...

Extra indicators...

Extra indicators...

Extra indicators...

Back to result area 3

Target 2017

Result 2012