Having played a key role as a member of the constitutional reference group in the drafting and run up to the referendum and subsequent promulgation of Constitution of Kenya 2010, we shift our focus to safeguarding the gains in this new Constitution which promises to Kenyans a new dawn. The Constitution of Kenya 2010 is progressive and rights-based offering an opportunity to build a human rights state and society.
Having played a key role as a member of the constitutional reference group in the drafting and run up to the referendum and subsequent promulgation of Constitution of Kenya 2010, we shift our focus to safeguarding the gains in this new Constitution which promises to Kenyans a new dawn. The Constitution of Kenya 2010 is progressive and rights-based offering an opportunity to build a human rights state and society. It introduces a devolved government thereby opening up room for greater citizen participation as well as need for greater accountability from all duty bearers at all levels.
With this shift, focus is on entrenching activities around the following four themes areas: devolution and public participation; equality and non-discrimination; security and judiciary; and progressive leadership. In this framework, Accountability, Participation and Equality and Non-discrimination are the outcomes KHRC wants to realise. Delivery on these elements would result in good governance which would cascade towards the realisation of a human rights state and society.
INSTITUTIONAL RESULTS, RISK, SUSTAINABILITY AND LOCAL OWNERSHIP/ EXIT FRAMEWORK-APRIL 2017-MARCH 2019
- RESULTS FRAMEWORK:
- Outcomes and Outputs Matrix
- Transformative Justice Programme
|
Outcome |
Outcome Indicator |
Output |
Quantitative Indicators |
Qualitative Indicators |
|
Outcome 1: Enhanced support and consensus around unresolved key political issues on electoral governance
|
An electoral governance process that is accountable and informed by a citizen led platform for political dialogue, policy proposals and political oversight on key electoral issues. |
Evidence based and consultative recommendations on 2017 electoral process developed and disseminated to key actors.
Consultative meetings and dialogues on electoral issues undertaken and proposals to address them developed.
|
No. of reports on electoral governance issues
% of recommendations included in statements by duty bearers.
% of recommendations included in statements and positions of non-state actors.
No. of people reached through consultative meetings with messages highlighting electoral challenges and possible solutions.
No. of field monitors engaged to monitor and report on the 2017 electoral process.
No. of HURNIET members deployed as monitors.
No. of HURINETs participating in or engaged to organize and mobilize for dialogue forums. |
Diversity of duty bears engaging in political dialogues and consultations.
Demographic of public participants at community dialogues and consultative meetings.
Follow-up actions initiated at community level.
|
|
Outcome 2: Improved public involvement in Kenya’s security policies and practices to assert a human rights state |
National security policies and practices influenced by public participation and adherent to fundamental rights and freedoms. |
Consultations for public input to national security policies[1] undertaken and proposals developed.
Emerging trends on policing assemblies, use of force, Extra-Judicial Executions (EJEs) and enforced disappearances documented and disseminated.
National dialogue on Kenya’s counter-terrorism strategy undertaken and proposals developed. |
No. of people reached through consultative meetings and dialogues
No. of policy briefs on national security policies
No. of quarterly data sheets on policing assemblies, use of force, Extra-Judicial Executions (EJEs) and enforced disappearances
Conference report on Kenya’s counter-terrorism strategy.
% of recommendations included in statements by duty bearers.
% of recommendations included in statements and positions of non-state actors. No. of HURNIET members deployed as monitors.
No. of HURINETs participating in or engaged to organize and mobilize for dialogue forums. |
Diversity of duty bears engaging in dialogues and consultations.
Demographic of public participants at community dialogues and consultative meetings.
Citations of the briefs and reports by various actors.
No. of downloads of publications available online.
Follow-up actions initiated at community level. |
|
Outcome 3: Improved and responsive mechanisms to address gross human rights violations |
Redress for victims of gross human rights violations guided by a holistic narrative of victims and regional state support for international justice. |
Perspectives on international justice documented and policy meetings undertaken.
Consultative meetings on redress for historical injustices convened, reports developed and disseminated.
Experiences and roles of liberation movements documented and celebrated
National dialogue on land reforms convened, a communique developed and subsequent policy meetings undertaken.
Policy dialogues on internal displacement undertaken and proposals to the National Consultative Cordinating Committee (NCCC) made.
|
No. of people reached through consultative meetings and dialogues
No. of HURINETs participating in or engaged to organize and mobilize for dialogue forums.
Communique on land reforms
Policy briefs on internal displacement
Publication on the Mau Mau litigation
Publication on post-conflict justice mechanisms.
KPTJ communique/brief for 2017 ASP
% of recommendations included in statements by duty bearers.
% of recommendations included in statements and positions of non-state actors. |
Diversity of duty bears engaging in dialogues and consultations.
Demographic of public participants at community dialogues and consultative meetings.
Citations of the briefs and reports by various actors.
No. of downloads of publications available online. |
|
Outcome 4: Improved reporting of program interventions and achievements to inform institutional strategy. |
Program reports that meet stipulated institutional standards and identify future strategic options. |
Project, activity and quarterly reports developed and disseminated.
Thematic blogs and articles developed and disseminated. |
No. of project reports prepared and submitted within stipulated timelines.
No. of activity reports submitted 1 week after the activity.
No. of quarterly reports submitted within stipulated timelines.
No. of blogs and articles submitted and published. |
Approval of project reports by relevant donors.
Clarity in achievements and proposed future interventions in activity and quarterly reports.
Approval of blogs and articles for publication by the communications team. |
ii) Economic and Social Justice Programme
|
OUTCOME |
OUTCOME INDICATORS |
OUTPUT |
QUALITATIVE INDICATOR |
QUANTITATIVE INDICATOR |
|
Ouctome 1: Accountability for human rights transgressions by companies enhanced |
The number of companies taking positive steps to address human rights concerns
The nature of steps taken |
Unfair Trade Practices[2] and Corporate Impunity documented, disseminated and requisite action taken |
The extent of compliance by companies to compliance standards |
Number of violations by companies reported by affected persons |
|
Outcome 2: Demand for basic services as fundamental human rights increased |
The number of rights based actions taken by rights holders
The nature of human rights issues raised regarding service delivery
|
Human rights accountability frameworks used by rights holders to demand better service delivery |
The nature of HURINET reports on their engagement with county government on service delivery issues |
The number of HURINETs trained to engage at the county level with accountability frameworks |
|
|
County house committees and executives in water, health and education sectors trained on human rights frameworks for accountability |
The extent of access to basic services in select counties |
Number of house committees and executives using human rights frameworks in service delivery
|
|
|
Outcome 3: Grand Corruption exposed and confronted. |
The number of expose`s developed
The number of press and policy statements issued
Number and type of public actions
Nature of anti-corruption recommendations adopted by duty bearers |
Public conversations on grand corruption initiated and sustained |
Nature of anti-corruption recommendations developed for adoption by duty bearers |
Number of persons engaged
|
|
|
The percentage of recommendations referred to by duty bearers |
A report on the nexus between mega-corruption and electoral malpractices developed and disseminated |
Quality of persons and stakeholders engaged with. |
Number of engagements with duty bearers on the findings and recommendations of the report.
|
iii) Inclusion and Identity
|
Outcome |
Outcome indicator |
Output |
Quantitative indicator |
Qualitative indicator |
|
Outcome 1: Political Participation of women, PWDs and stateless persons improved |
Increased number of Women, PWDS and stateless persons elected and appointed leaders
Increase in number of PWDS ,women and stateless Laws , policies and declarations on inclusion enacted |
Stateless communities around Kenya organized so they demand for inclusive citizenship |
Increased number of on stateless persons/ communities organized |
Assessment and mobilization activities meet KHRC’s quality standards
|
|
Former stateless communities assisted so they can consolidate their citizenship rights |
Number of communities assisted
|
Quality of assistance as per KHRC standards;
Quality of programs supporting integration of recent citizens
Level of engagement of KHRC HURINET for sustainability |
||
|
Capacity for active political participation by women and PWDs increased |
Number of women and PWDs trained
Number of capacity building sessions held
|
Training meets KHRC’s quality standards
Extent of engagement of trained women and PWDs Level of engagement of KHRC HURINET for sustainability |
||
|
Outcome 2: Rights of sexual and gender minorities protected
|
Number of violations redressed |
Religious and other opinion leaders engaged on LGBTI rights |
Number of religious leaders reached
|
Quality will be assessed on influence level these leaders have and quality of dialogue |
|
Outcome 3: Structured conversation on ethnicity instituted |
Number of dialogues and extent of recommendations taken up for
Policy and legislative proposals and statements |
Research on impact of ethnic mobilization conducted and disseminated |
Number of people interviewed Dissemination reach |
Research meets KHRC quality standards and guidelines
|
|
Dialogue on ethnicity convened |
Number of people engaged |
Nature of deliberations Recommendation made – taken up
Extent of engagement of HURINETs |
iv) Institutional Support and Sustainability (ISD)
|
OUTCOME |
OUTCOME INDICATOR |
OUTPUT |
QUANTITATIVE INDICATORS |
QUALITATIVE INDICATORS |
|
Outcome 1:
Improved institutional responsiveness to systemic human rights violations |
Number and nature of remedies/ protection secured to affected victims |
Emerging violations identified and responded to |
No. of violation reports received No of violations acted upon
|
Nature of violations reported Nature of violations acted upon |
|
Threats to civic space identified and confronted |
No. of stakeholder engagements held
Nature of policy briefs developed and disseminated
Number of cases acted upon |
Calibre of stakeholder engagements held
Quality of policy briefs developed and disseminated
Nature of cases upon |
||
|
Outcome 2:
Efficient and effective operational systems, tools, standards and practices |
Functionality of the frameworks installed
Extend of utilization of resources and systems in place |
KHRC brand developed and recognised
KHRC finance, Human Resource, Communications & Board and Project Management systems and tools updated and improved
|
No. of interventions that KHRC is taking leadership
No. of forums in which KHRC is invited for technical support
No. of sectoral forums convened by the KHRC
No. of KHRC’s mentions in different policy platforms
No. of references and referrals made to and about KHRC
No. of systems and tools in place
No. of systems operationalized
Percentage of funds absorbed
No. of donor reports submitted on time
Rate of implementation of planned and funded activities
Rate of realisation of envisaged results
No. of board, staff and programmes meetings
No. of documented polices |
Nature and quality of the interventions led
Nature of the forums attended
Nature and quality of forums convened
Nature of mentions in policy forums
Nature of references to the work of the KHRC
Efficiency of systems and tools in place
Kind of systems operationalised
Quality and categories of staff members-their expertise; skills, age, gender, roles and functions. personnel
Efficient, responsive and institutionalised systems
Availability and accessibility of organisational documents and publications
Nature of the meetings held
Quality of policies developed and implemente |
|
Outcome 3:
A well-resourced and self-sustaining KHRC |
Percentage of the 2014-2018 strategic plan funded.
|
KHRC has adequate, multi-year funding from diverse income streams
Income generation, investments, reserves and capital campaign advanced |
Percentage of all planned project costs and overheads funded.
No. of months reserves can cover
No. of core grants beyond 2
Not more than 30% of funding from a single source
No. of multi-year grants
No of initiatives on income, investments, reserves and capital campaign |
Percentage of all planned project costs and overheads funded.
No. of months reserves can cover
No. of core grants beyond 2
Not more than 30% of funding from a single source
No. of multi-year grants
Nature of initiatives on income, investments, reserves and capital campaign |
- Key Activities and Estimated Budget per Programme and Key Result Areas
Attached find 3 sets of PDF documents for your information and action.
- Four detailed work plans (with key activities and budgets) postulated per programme, outcomes and outputs (thematic and results based planning and budgeting).
- One file with the summary of the work plans(per programme, outcomes and outputs)
- One file with the summary of allocations per programme and outcomes and the proposed contribution of the Norwegian Embassy
- RISK FACTORS PER PROGRAMME
- Transformative Justice Programme
|
Risk description |
Probability |
Consequence |
Preventative measures |
Mitigations |
Killer risk |
|
High |
|
|
|
|
- Economic and Social Justice Programme
|
Risk Description |
Probability |
Consequence |
Preventive Measure |
Mitigation |
Killer Risk/ Consequence |
|
Unlawful victimisation and censure of the KHRC by the state owing to its work on issues of high political interest such as exposing and combating mega corruption and corporate capture. |
High |
High |
Working with like-minded organisations on these sensitive issues to avoid singling out.
|
Advancing our work on the shrinking civic space at the national, regional and international level. |
Crippling of the KHRC’s operations through deregistration by the state regulator. |
- Identity and Inclusion Programme
|
Risk description |
Probability |
Consequence |
Preventative measures |
Mitigations |
Killer risk |
|
Kenyan government denounces stateless persons and implements policies of deportation. |
Low |
Medium |
|
|
Mass violence in the country which would remove all the constitutional protection for rights
Attacks to the staff of the staff of the KHRC resulting in bodily harm
Deregistration of the KHRC on account of the work we do |
|
Attacks on KHRC premises and staff on account of working LGBTI rights |
Medium |
Medium |
|
|
|
|
Election violence along ethnic lines. |
High |
High |
|
|
- Institutional Support and Sustability Programme
|
Risk Description |
Probability |
Consequence |
Preventive Measures |
Mitigation |
Killer Risk / Consequence |
|
Over reliance on only 2 core donors |
Medium |
High |
Diversifying our streams of funding |
Implementing the institutional sustainability strategy |
Cutting of funding from any of the two core grant makers |
|
Email phishing, Virus injections, Network instability. |
Low |
Medium |
|
|
|
|
Targeted attacks to KHRC and other sector members from state agents (shrinking civic space)
|
High |
High |
Ensuring compliance with all the legal and regulatory frameworks |
Partnerships and implementation of the civic space protection strategy that proposes a broad network for CSOs |
Closure of the KHRC and other CSOs. |
|
Mass staff transitions especially for the youthful category( a common trend in the sector and society) |
Medium |
Medium |
Providing more supportive and conducive environment for them to work, grow and thrive. |
Review and implement the Human Resource Policy and practices to ensure more support and opportunities for all staff. |
Mass exodus that can cripple operations and programmes |
|
Possibility of delays in meeting internal and external deporting deadlines (mainly owing to external demands for interventions). |
Low |
Medium |
Develop and implement stringent reporting deadlines and frameworks. Enhancement of our ERP (MS Dynamics NAV) to include a grant management module |
Update and implement the KHRC’s Monitoring and Evaluation tools; Make timely reporting part of ones performance indicators/ score cards, and acquire and utilize a donor reporting software and programmes |
Total failure to prepare and publish quarterly and annual institutional reports.
Loss in funding owing to failure to meet |
|
Accountability for nascent partners we provide fiscal hosting services to (being untrusted to manage funds from their different donors). |
High |
Medium |
Undertaking more concrete capacity assessments, and developing and implement fool proof frameworks. Also considering capacity building on systems and programmes. |
Reviewing and developing more stringent partnership and grant management frameworks. |
Total failure by the hosted partners to account leading to financial liabilities on our side/ broken donor relationships |
|
Possibility of political violence towards, during and after the August 2017 general elections |
High |
High |
Advocating for more accountable and credible electoral processes and outcomes, within the Kura Yangu Sauti Yangu Coalition |
Initiating the creation of a situation rooms among partners that will ensure timely and effective responses to grave electoral malfeasances |
Political violence that grounds the operations of all actors and sectors |
|
Violations increasing in very alarming rates making responses quite difficult, also creating strain and burn out among the staff |
High |
High |
Prioritising systemic violations/ responses around the key priorities of the KHRC
Ensuring systems and spaces for supporting, inspiring and motivating staff. Ensure staff have time to relax and reflex, go on leave on time etc |
Formation of effective urgent action and response teams, within and outside the Commission.
Creation of more supportive and motivating environment, staff retreats, meetings, leaves etc |
Deepened impunity, with mass and gross violations and less accountability.
Pressure that may led to ineffective implementation and operations. |
- Cross cutting issues: Assess any negative effects/risks to cross cutting of human rights, gender equality, anti-corruption aspects and environment. On gender, is there risk that women can be excluded?
First, its important to note that all these issues and the respective risks save for environment are already covered within and across the above programmes and their respective frameworks(human rights under ISD(see increasing violations); gender equality(see I & I) and corruption(ESJ). However, as cross issues, below see the respective risk matrix:
|
Risk Description |
Probability |
Consequence |
Preventive Measures |
Mitigation |
Killer Risk |
|
Human Rights-more threats to human rights defenders, increasing human rights violations |
High |
High |
Monitoring, and ensuring accountability for all violations, creating protection mechanisms/ networking to spread risks and exposures |
Remain focused on our mandate of enhancing human rights centred governance, restrategize on better and collective organizing and response mechanisms for human rights actors |
State of impunity, with unprecedented violations and threats to HRDs. |
|
Gender equality-Less interest in addressing women rights issues(as seen in the failure to implement the Two Thirds Gender Principle), more marginalization of women and other marginalized groups in electoral and appointment positions |
High |
Medium |
Supporting the women movement through the Nimama Camapaign, political, policy and legal actions. |
Using the constitution and other governance frameworks to foster compliance. Partnering with the women and other affected groups to campaign for effective representation. |
Systemic denial of women and other disadvantaged groups opportunities in the public and spheres of life. |
|
Corruption-more cases of high level official and mega corruption with political goodwill for accountability; more threats to anti-corruption crusaders. |
High |
High |
Documentation and public actions. More linkages to ensure protection of the crusaders/ spread of risks |
We are undertaking a study to understand the root cause of corruption and why it’s difficult to deal with it, especially its nexus with electoral and political processes and class. |
Misappropriation of public resources, High poverty levels, deprivation of ECOSOC rights/ social services |
|
Environment-Quest for and more focus on business and profits as opposed to human and environmental rights. |
High |
|
Awareness creation and policy actions business and human rights frameworks |
Implementation of the Constitution and adoption of the National Action Plan on the UN Guiding Principles on Business and Human Rights |
Deepened environmental degradation |
- SUSTAINABILITY
As indicated under the risk matrix of the Institutional Support and Development (ISD) programme of the Commission above, the over reliance on only 2 core donors (Ford Foundation and the Royal Norwegian Embassy providing a large portion of the KHRC’s funding needs) and targeted attacks to KHRC and other sector members from state agents (shrinking civic space) posit major operational risks and sustainability challenges.
.
In mitigation, we are committed to implement institutional sustainability strategy adopted by the board of directors on July 22, 2015. The strategy proposes concrete strategies and actions, ranging from diversifying resource mobilization, enhancing institutional investments to acquisition of premises among others.
To this extend and as indicated above, the Commission has dedicated an outcome under the ISD programme that envisages “a well resourced and self sustaining KHRC”, with the corresponding outputs, activities and budgetary allocations as summarised below:
|
Outcome 3: A Well Resourced and Self Sustaining KHRC |
|
|
Output 1: KHRC has adequate, multi-year funding from diverse income streams |
|
|
3.1. Engaging Potential New Donors (Prospecting) |
1,873,000.00 |
|
3.2 Engaging existing and lapsed Donors (Donor Care) |
40,000.00 |
|
Output 2: Income Generation, Investments, Reserves and capital campaign advanced |
|
|
2.1 Income Generation, Investments, Reserves and capital |
7,000,000.00 |
|
2.2 Capital Campaign(acquisition of our premises) |
50,000,000.00 |
|
Outcome 3 total |
58,913,000.00 |
With respect to the capital campaign, our research indicates that it will cost close to Ksh 150m to acquire and develop our own property. This would significantly increase the KHRC’s sustainability in the long run if the organization was able to purchase its own premises for office accommodation. While a large capital investment is required to make this possible, the KHRC has gone some way towards finding some resources to make this possible. So far, we have managed to secure Ksh. 50m from different sources.
The capital appreciation will over time become a source of leverage for sustainability and can provide alternative ways of raising funding for the organisation. Moreover, in the context of the closing of civic space the leadership responsibilities that are placed on the KHRC require that the organization should have a visible headquarters which would act as a psychological buffer not only for the organization but also its partners, many of which look to the KHRC for leadership and protection.
The need to find funds to pay rent and to hire meeting rooms of sufficient size and the pressure to find an alternative address is a drain and strain on the KHRC’s finances and operations and impacts on its sustainability as an organization. The KHRC currently has a cheap rent (225,000 per month). To rent similar space elsewhere at current commercial rates could cost in the region of Kshs. 1 million per month. The KHRC is over-reliant on grant income and with recent threats to change Public Benefits Organizations Act (PBO Act), KHRC urgently needs to become less reliant on grants from overseas.
- LOCAL OWNERSHIP AND EXIT STRATEGY
Regarding local ownership and exit strategies of the KHRC project, the KHRC will continue to work with its county level partners within the Human Rights Network (HURINETS) engagement strategy that was jointly designed between August and December 2016. The strategy aims to build consensus on the key issues of public and mutual interest and boost capacity and leadership of the grassroots organizations to effectively respond (claim and defend their rights) and manage their internal affairs at county and national levels. The role of the KHRC will be that of “pragmatic support and solidarity”- the provision of the requisite technical and political leverage for them to engage with rights holders and duty bearers at all levels.
KHRC will also sustain its engagements with policy makers to sustain their abilities and commitment in responding to the human rights and governance situations. The Commission remains committed to initiating and participating in the key issues based networks at national, regional and international levels. This will also entail where possible, exploring and advancing joint actions and resource mobilization initiatives.
Moreover, and as indicated in the first application, the KHRC will remain guided by the following classification of priorities and strategies across programmes:
- Core issues for political leadership that include: shaping electoral governance, combating ethnic polarization, enhancing security governance, expanding civic space and confronting mega corruption.
- Key issues for policy leadership that entail other governance issues requiring technical leadership and actions.
- Major cross cutting issues that involve integrating constitutionalism, devolution and equality in all interventions.
- Important operational issues that encompass creating the relevant internal systems and capacities to implement the above priorities and interventions
Finally, pursuant to the results matrix above, the KHRC will apply a robust Monitoring and Evaluation system that will ensure effective tracking of results, review of strategies and the application of the relevant exit strategies. This depending on the context and progress realized within the next two years may entail taking up either new or additional issues and shifting of strategies of engagements.
