The slide analyses unique social issues bedeviling African states, such as ethnicity, gender and their influence on the law in Africa.

1. GENDER AND SOCIAL RELATIONS; ETHNICITY,
DECENTRALIZATION AND INTEGRITY FOR
PROSPERITY IN KENYA & AFRICA
Presented by Edwin N. Kimani LL.M 2017/2018

2. MAIN THEMES:
 What is gender equality?
 What is gender equity?
 What is gender mainstreaming?
 What is patriarchy?
 Application of gender equality & equity: Treating unequals
equally?
 How does gender equality promote development?
 What is the feminization of poverty?
 How does the Constitution address gender, in the context of the
one-third rule?
 How does the protection of women’s rights compare with the
protection of other minority/vulnerable groups ?
 How does the Constitution address ethnicity?
 How does ethnicity compare to tribalism?
 What is regional balancing?
 What is the linkage between ethnicity and devolution?
 What is the role of the National Cohesion and Integration
Commission?

3. Gender Equality v. Gender Equity
 Gender refers to the socially constructed characteristics of
women and men – i.e. norms, roles and relationships of
and between groups of women and men. It varies from
society to society and can be changed. (WHO)
 Gender refers to the roles and responsibilities of men and
women that are created in our families, our societies and
our cultures. This concept also includes the expectations
held about the characteristics, aptitudes and likely
behaviors of both women and men (femininity and
masculinity).(UNESCO)
 Use of the word ‘sexes’ as opposed to ‘gender’ to cover the
non-binary people/the third gender/people who don’t
identify as male or female?

4.  Gender Equality means that women and men have equal
conditions for realizing their full human rights and for
contributing to, and benefiting from, economic, social,
cultural and political development. It is the equal valuing
by society of the similarities and the differences of men and
women, and the roles they play. (UNESCO)
 Gender equality is based on women and men being full
partners in their home, their community and their society.
 See the Constitution of Kenya, 2010, Article 27(3) on
equality and non-discrimination based on sex.
 Gender equity refers to fairness of treatment for women
and men, according to their respective needs. It may
include equal treatment or treatment that is different but
which is considered equivalent in terms of rights, benefits,
obligations and opportunities. (ILO)

5. Patriarchy:
 Patriarchy is a system of attitudes and structures in
which men hold power over women. It is argued that
through patriarchy, men create structures that prevent
women from accessing power or resources. It is derived
from the Latin word ‘Patriarchia’ which means ‘rule of
the father’.
 Patriarchy is also broadly defined as the web of
political, economic social and religious regulations
that enforces the domination of women by men
throughout the ages.

6. Patriarchy in the Kenyan Context
 Prof. Annie Patricia G. Kameri-Mbote is of the view that
patriarchy still reigns in Kenya in so far as recognition is given to
customary law by the Constitution, whose hallmark is
dominance of male members.
 She notes that the 1963 Constitution of Kenya also allowed
customary practices without consideration on whether such
practices would be harmful to women. See Virginia Edith
Wamboi Otieno v Joash Ochieng Ougo & another (1987) eKLR.
 She refers to men in the legislature as “guardians of the
bastions of patriarchy” because there is a perception of male
political privilege in so far as political or leadership positions are
concerned, and they would not cede to a threat of women taking
their place in such positions. Hence why implementing
legislation of the two third gender rule has never been passed.

7. Gender Mainstreaming:
 Defined as a commitment to ensure that women’ as well as men’s
concerns and experiences are integral to the design,
implementation, monitoring and evaluation of all legislation,
policies and programmes so that women as well as men benefit
equally and inequality is not perpetuated. (DFID)
 The concept of gender mainstreaming was endorsed by the
Beijing Platform for Action (BPFA) at the Fourth World
Conference on Women, held in Beijing in 1995, with the ultimate
goal being promotion of gender equality.
 Apart from the BPFA, Kenya has signed other international and
regional treaties that advocate gender mainstreaming, including
the Convention of the Elimination of All forms of
Discrimination against Women (CEDAW) 1984; The Millennium
Development Goals (MDGs) 2000; The Nairobi Forward Looking
Strategies (NFLS) for the Advancement of Women (1985); The
African Plan of Action on Gender Policy (2006) and The African
Union Gender Policy.

8. Some steps taken by Kenya towards gender
mainstreaming:
 The State Department for Gender which falls under the Ministry
of Public Service, Youth and Gender Affairs.
 The National Policy on Gender and Development (2000).
 Sessional Paper No. 2 of May 2006 on Gender Equality and
Development.
 Inclusion of gender mainstreaming as a priority area Vision 2030.
 Establishment of a National Gender and Equality Commission.

9. Gender Equality & Gender Equity: Treating
Unequals Equally?
 Even if national laws provide for equal treatment of all,
those who are marginalized will continue to be relatively
disadvantaged on account of historical impediments if
‘unequals have and awarded equal shares’. As such,
compensatory mechanisms geared towards equality must
not be open ended for all time; they need to be temporary
with the expectation that they will be stopped when
equality is attained. (Prof. Kameri-Mbote).
 The issue therefore is not treating unequals equally, but
treating one group that has been historically disadvantaged
more favourably (differentially) that the other, so that
equality can be achieved in the long term. Although this
quest for substantive equality may lead to some form of
differential treatment or discrimination, the end (leveling
the playing field) justifies the means for as long as such
measures will be stopped when equality is attained.

10. How does gender equality promote development?
The interface between gender equality and
development
 Development has various angles to it. It is not an exclusively
economic phenomenon but encompasses financial as well as
reorganization and reorientation of entire economic and social
systems. Its dimensions are extremely diverse, including
economic, social, political, legal and institutional structures,
technology in various forms, the environment, religion, the arts
and culture.
 If this position is to hold, then development would also include
attitudes towards gender and particularly stereotyped roles of
men and women in any society. Any tangible development
should thus strive towards achieving gender parity in a given
society.
 The social dimension of development affects gender-based rights
and social position, which are key factors in determining women
and men’s access to resources and decision-making.

11. The case for gender equality in development:
 Gender equality is considered part of smart economics. It can
result in economic efficiency by enhancing productivity,
improving other development outcomes for the next generations
and make institutions more representative in three aspects:
1. By reducing barriers to more efficient allocation of women’s
skills and talents, the same access of men and women to
education, economic opportunities and productive inputs,
gender equality generates large (and growing) productivity
gain.
2. Improving women’s endowments, opportunities, and agency
can shape more positive outcomes for the next generation thus
reducing intergenerational disadvantage. Women’s economic
empowerment and greater control over resources increases
investments in children’s health, education, and nutrition,
thus boosting future economic growth that benefits the
children.

12. 3. Increasing women’s individual and collective agency
produces better outcomes, institutions, and policy choices.
Agency is the ability to make choices that lead to desired
outcomes. When women and men have equal chances to be
socially and politically active and to influence laws and
politics, it affects social and institutional change that leads
to sustainable development with equity and growth.
 The relationship between gender equality and development
matters in its own right. Because development is a process of
expanding freedoms equally for all people, gender equality is a
core objective in itself. Just as lower income poverty or greater
access to justice is part of development, so too is the gender
equality in terms of narrowing of gaps in well-being between
males and females.
 It is indeed an essential component of sustainable economic
growth and poverty reduction.
 Socially sustainable systems must achieve fairness in distribution
and opportunity, adequate provision of social services including
health and education, gender equity, and political accountability
and participation.

13. What is the feminization of poverty?
 The feminization of poverty is the phenomenon in
which women experience poverty at rates that are
disproportionately high in comparison to men. This
phenomenon is not only a consequence of lack of income, but is
also the result of the deprivation of capabilities and gender
biases present in both societies and governments.
 It arose in the United States of America due to the change in the
composition of the poverty population. In 1978, Diana Pearce, a
visiting researcher at the University of Wisconsin, published a
paper noting that poverty was becoming "feminized" in the
United States. According to Pearce, almost two thirds of the poor
over the age of 16 were women.

14.  The ‘‘feminization of poverty’’ made its major breakthrough into
the development lexicon in the 1990s. A critical catalyst was the
4th United Nations Conference on Women at which it was
asserted that 70% of the world’s poor were female, and
eradicating the ‘‘persistent and increasing burden of poverty on
women’’ was adopted as one of the 12 critical areas of the Beijing
Platform for Action.
 Causes of feminization of poverty include:
a) The expansion of female-headed households, (through single
parenthood or widowhood);
b) The persistence and consequences of intra-household
inequalities and bias against women and girls; and
c) The implementation of neoliberal economic policies around
the world.

15. Critiques of the concept of feminization of
poverty:
i. Basic definitions and assumptions of the ‘‘feminization of
poverty’’ is that women are either presented as a homogeneous
mass, or are differentiated solely on grounds of household
headship. There is a push for an individualized approach
rather than a generalized point of view.
ii. Monetary poverty seems to be the main criterion.
Measurements of women’s poverty in the literature may be
based on the conventional measures of household income and
consumption, or on qualitative and quantitative measures of
“entitlements” and “capabilities”. Another major problem
attached to the focus on income in the ‘‘feminization of
poverty’’ is that relevant sex-disaggregated statistics are
sparse.
iii. The focus on women in the ‘‘feminization of poverty’’ tends to
deflect attention from men and gender relations.

16. How does the Constitution address gender, in
the context of the one-third rule?
 Women and men have the right to equal treatment, including
the right to equal opportunities in political, economic, cultural
and social spheres. See Article 27(3).
 Historically, the 1963 Constitution allowed for 12 members to be
nominated by the President to Parliament. President Jomo
Kenyatta did not nominate any woman to Parliament, while
President Daniel Moi never nominated more than two women at
a time.
 It was not until the 1997 Inter-Parties Parliamentary Group
(IPPG) agreements that the nomination of the 12 members of
parliament was given to political parties, which were also
supposed to consider gender equality in their nomination
processes. For the first time, eight out of the 12 nominated in the
Ninth Parliament were women.
 In 1997 Hon. Phoebe Asiyo tabled a motion for affirmative action
to increase women’s participation in parliament and local
authorities to at least one third (33.3%). It was soundly defeated.

17.  In 2000 Hon. Beth Mugo tabled a similar motion which was
referred to the Constitution Review Commission of Kenya
(CKRC).
 The 2010 Constitution now requires the State to take legislative
and other measures to implement the principle that not more
than two-thirds of the members of elective or appointive bodies
shall be of the same gender. See Article 27(6).
 In the National Assembly - Article 97 of the Constitution sets out
47 seats for women representatives while the other seats are
subject to election by the electorate. Out of 349 seats, 117 are to
be taken up by the minority.
 In the Senate (67 members), the Constitution secures 18 seats for
women out of 23 seats required to adhere to the rule.
 For County Governments, the Constitution allocates special
seats to ensure that the two thirds rule is met. There was
contention on whether the two-thirds rule was applicable
separately between the County and National Government.
 Representation of women still remains minimal nonetheless.

18. The one-third rule in appointment positions:
 Affirmative action measures to be taken include nomination of
women by political parties to represent the youths, persons with
disabilities and special interests in County Assemblies &
nomination of women to the East Africa Legislative Authority
(EALA) by political parties.
 Women are also appointed into other decision-making bodies by
the executive arm of government e.g. Ambassadors, Parastatal
heads, cabinet secretaries among others.
 Article 250 (11) of the Constitution demands that the chairperson
and vice chairperson of an independent office or commission
shall not be of the same gender.
 Article 175(c) of the Constitution states that no more than two
thirds of members of representative bodies in each county
government shall be of the same gender. Article 197 reinforces
this by stating that no more than two thirds of any county
assembly or county executive committee shall be of the same
gender.

19. Implementation and challenges of the one-
third rule:
 On implementation, see Supreme Court Advisory Opinion No.2
of 2012 In the Matter of The Principle of Gender Representation
in the National Assembly and the Senate [2012]eKLR.
Implementation should be progressive.
 Challenges to implementation of the one third rule include:
1. Lack of mechanisms through which the rule can be
implemented.
2. If implemented, the choice of women who take such positions
will be determined mostly by men who dominate political
parties. The question is whether their first loyalty is to their
appointing authority or to women.
3. Issues about women, the youth and Persons with Disabilities
are a soft target and as a result become avenues for political
compromise.

20. How does the protection of women’s rights compare
with the protection of other minority/vulnerable
groups ?
 There is a multiplicity of laws on the subject.
 International legal instruments protecting the rights of the
minority/vulnerable groups include: Universal Declaration of
Human Rights, the Convention on the Elimination of All Forms
of Discrimination Against Women (CEDAW), the Convention on
the Rights of Persons with Disabilities, the Convention on the
Rights of the Child and The United Nations Declaration on the
Rights of Indigenous Peoples (UNDRIP).
 Regional legal instruments which also protect the
minority/vulnerable groups which include: The African Charter
on Human and People’s Rights, The Protocol to the African
Charter on Human and Peoples’ Rights on the Rights of Women,
The African Charter on the Rights and Welfare of the Child and
The Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Older Persons.

21.  The Constitution of Kenya 2010 provides a blanket protection of the
rights of women and other vulnerable groups. See the provisions of
Articles 27 on equality and non-discrimination, Article 21 on
addressing needs of the vulnerable in society., Article 91 on political
parties ensuring gender equality and equity and Article 60 on the
elimination of gender discrimination in law, customs and practices
related to land and property in land.
 The Women Enterprise Fund, a flag ship project under the vision
2030 has been set up to accord women with alternative financing
for economic empowerment through intermediary financial
institutions like SACCOs, MFIs and women self-help groups.
 A means through which marginalization is dealt with in the
Constitution is through Devolution, one of whose object under Article
174 (e) is to protect and promote the interests and rights of minorities
and marginalised communities.
 See also Article 177 (1) (c) on County Assemblies, Article 204 on the
Equalization Fund and Article 216 (4) on the Commission on Revenue
Allocation.

22. How does the Constitution address ethnicity?
 Ethnicity is a common consciousness of being a member of one ethnic
group as opposed to other groups. It concerns using that “ethnic
identity” to exclude or even outbid others; it is a belief in and practice
of exclusion of other groups that do not share common ancestry,
language, and culture or even territory.
 For ethnicity to concretise, there must be a deliberate mobilisation and
use of ethnic criteria to foster or advance the cause of individuals and
groups at the expense of other individuals and groups. This is a
phenomenon that John Lonsdale describes as “political tribalism” or
the use of ethnic identity in competition with other groups.
 The 2010 Constitution is based largely on the approach developed by
the CKRC for the balance between the respect for ethnic diversity and
the promotion of a Kenyan identity and national unity-and protection
of individual rights.
 See Articles 10, 6(3), 21(3), 27(4), 33(2)(d), 63(1), 90(2)(c), 91(2)(a),
100(d), 130(2), 131(2) (c)-(d), 232 (1) (i) , 241 (4) and 250(4).

23. How does ethnicity compare to tribalism?
 Ethnicity and Tribalism are used interchangeably, because of
their varying use to different people, but refer to same general
subject in the discourse. Tribalism is the state of being organised
in, or advocating for, a tribe or tribes.
 According to John Lonsdale, “ethnicity” often “moral ethnicity”
is the common human instinct to create out of the daily habits of
social intercourse and material labour a system of moral
meaning and ethical reputation within a more or less imagined
community; whereas “tribalism” or “political tribalism” means
the use of ethnic identity in political competition with other
groups. He further states that ethnicity is always with us; it
makes us social beings. Tribalism is contingent upon political
intention and context.
 In essence, ethnicity is a belief in and practice of exclusion of
other groups that do not share common ancestry, language, and
culture or even territory and tribalism is the use of the ethnic
identity to foster or advance the cause of one ethnic group over
another ethnic group.

24. Regional balancing
 ‘Regional balancing’ links to public officials and administrators
making final decisions on the composition of government offices
based on the regions and ethnicity of prospective and current
staff.
 The Historical context of regional balancing can be viewed from
a pre-colonial and post-colonial context, where regional
inequalities that were perpetrated by the colonial masters were
not remedied by post-independence g0vernments.
 The causes of regional inequalities are as follows:

25. 1. The colonial government also took a deliberate policy decision
to promote investment only in those areas of the country that
had the potential for high returns to investment.
2. Regions such as Northern Kenya that did not offer any
economic benefits did not receive meaningful investment
including roads.
3. The railway line from the coastal port town of Mombasa to the
border with Uganda defined and largely determined areas of
investment.
4. The colonial government also practiced a measure of
discrimination in recruitment of Africans into public service
jobs.
5. The colonial government denied Africans political, social and
economic rights.
6. Social facilities such as health care and education for Africans
were of inferior quality and few in number compared to those
provided to the British settlers.

26.  The 2010 Constitution of Kenya has attempted to deal with
inequalities through devolution into the 47 counties. However,
the fact that county boundaries coincide with ethnic boundaries
already provides ground for the practice of ethnic exclusion.
 The foregoing notwithstanding, the Constitution contains
elaborate provisions on regional balancing. See Article 232(1)(h)
and (i)(iii).
 ‘Regional balancing’ is also used interchangeably with ‘regional
and ethnic diversity’ in the Constitution. See Articles 241(4),
246(4), 250(4), 90 and 130(2).
 Critics argue that the government has failed to comply with this
provision of the Constitution, as it is cited that the majority of
the executive officials in the last government came from mainly
two regions that appear to have overwhelmingly voted in the said
government. Ideally, their appointments seemed more to be
political rewards to those regions, than an aim to achieve
regional balance.

27. Ethnicity and devolution
 Decentralization in the context of government
administration, refers to the redistribution or transfer of
authority, responsibility and resources for the planning,
financing and management of certain public functions
from the central government or central authority and its
agencies to different levels of government, public
authorities or corporations at local or regional levels.
 The three major forms of administrative decentralization
are deconcentration, delegation, and devolution.
 Devolution denotes the transfer of political, administrative
and legal authority, decision-making power and
responsibility from a central government of a sovereign
state to quasi-autonomous units of government with
corporate status, which operate within defined
geographical boundaries at a local or regional levels.

28.  Ethnicity can be defined to designate a population which is
largely biologically self-perpetuating, shares fundamental
cultural values, realised in overt unity in cultural forms,
makes up a field of communication and interaction, has a
membership which identifies itself and is identified by
other categories to the same order.
 An “ethnic group” is a psychological community whose
members share a persisting sense of common interest
and identity based on some combination of shared
valued cultural traits. Its members distinguish themselves
from other groups by such characteristics as language,
social customs, and physical appearance and region of
residence or by a combination of these features. Ethnic
groups are thus social formations distinguished by
communal character of their boundaries.

29. Devolution under the Constitution of Uganda
 The country has a population of more than 31 million people, of
whom the Constitution recognises 65 ethnic groups.
 Devolution policy was enshrined in Uganda’s constitution in
1995 and was legalised by the Local Government Act (LGA) of
1997. It devolves substantial powers, responsibilities to the Local
Government and specifies the respective responsibilities and
powers of the Local Government as well as those of the Central
Government in such areas as finance, legislation, politics,
planning, and personnel matters.
 During the colonial era, ethnic divisions were entrenched
through the colonial policies of divide and rule, drawing of
colonial boundaries, economic and labour divisions as well as
the special status given to the Buganda.
 The vertical decentralisation in Uganda’s local governance can be
seen in the election process at the local government level. The
members of the council which is the political organ at all local
levels are elected in regular elections. Councillors either
represent specific electoral areas or interest groups, namely
women, youth or disabled persons.

30.  Fiscal decentralisation in Uganda is expected to facilitate access
to resources by the local governments. Local governments get
funds from the central government in three ways; Conditional,
Unconditional and Equalization grant.
 The Chief Administrative Officer (CAO) is the head of the
service in the district and the accounting officer. In order to
ensure that the local governments have independence, the
Constitution ensures that they are in charge of accountability.
The CAO is answerable to the district council which is the
supreme political organ in the district and the district
chairperson as the district political head.
 The district council is also the legislative arm of the local
government while the district executive committee and the local
public service comprise the executive arm of local government.
The districts are linked to the central government through the
Ministry of Local Government and the Local Government
Finance Commission (LGFC).

31. Federalism under the Constitution of Nigeria
 Federalism was introduced during the colonial period and the
country had 3 regions as of 1946.
 Today, Federalism in anchored in Article 1 of the Constitution
and country comprises 36 states and the Federal Capital
Territory, where Abuja, the capital is located.
 It is the 7th most populous country in the world (182 million as of
2015) and more than 500 ethnic groups with varying languages
and customs.
 The 4 largest ethnic groups – Hausa, Yoruba, Igbo and Fulani
account for 70% of the population.
 The country has had several coups over the years, which have
had the effect of centralising some government functions, while
at the same time, expanding the number of states based on
ethnic interests.
 The northern states practice sharia law, applicable to Muslim
residents, while the southern adopt secular system.
 There have been several instances of ethnic or religious violence
e.g. in April 2016, 500 were killed.

32. Devolution under the Constitution of Kenya
 Devolution was first introduced in Kenya with its independence
constitution in 1963 as “Majimbo” informed by the need to share state
power at the regional level and improve on the local government
system in place at the time.
 This was resisted by the then Kenyatta government which opted to
consolidate and centralize power and resources, and implement the
state controlled provincial administration system.
 This approach, implemented by successive governments has over the
years led to marginalization, alienation, deprivation of resources and
opportunities, victimisation of individuals for political or ethnic
affiliation.
 In 2010, devolution was embedded in the Constitution to safeguard the
interests of all Kenyans, to access government services, receive
resources equitably and participate in governance.
 The country has 47 county governments that have since taken over
most of the functions of the defunct local authorities as then
established.
 Kenya has around 43 ethnic groups who claim their respective counties.
This has promoted ethnic divisions within the counties, including in
the recruitment and tendering processes.

33. Challenges affecting countries that are
implementing devolution:
 Inability of devolved units to sustain and raise sufficient funds and
resources. Hence, most of the funds are spent on recurrent
expenditure, leaving a fraction for development.
 Reliance on donor funds by devolved unit to function.
 Starving of devolved units of central government funding. In Uganda,
devolved units receive 0.0087% of total national budget; Kenya 15%
 Lack financial transparency that aids corruption and makes planning
difficult.
 Clawback (re-centralising) and the unwillingness of central
government bureaucracies to let go of functions and responsibilities
e.g. in education, health, natural resources and road construction.
 Neglect of responsibilities by either central or devolved units to
deliver services.
 Creation of multiple centres of power at the devolved units.
 Weak oversight of devolved units.
 Promotes ethnicity, exclusion and cultural differences.

34. Recommendations to enhance service
delivery in devolved systems
 Revision of statutes designed for a centralised state that are still
in operation.
 Review of financial systems and procedures to ensure
effectiveness.
 Streamline terms and conditions of service at all levels of
governance.
 Have clear roles and responsibilities for the various government
levels.
 Develop and implement effective oversight mechanisms over
central governments and devolved units.
 Enhance the capacity of the devolved units to implement their
roles and responsibilities.

35. What is the Role of the National Cohesion
and Integration Commission (NCIC)?
 NCIC exists to facilitate and promote equality of opportunity,
good relations, harmony and peaceful coexistence between
persons of the different ethnic and racial communities in Kenya,
and advising the government on all aspects thereof.
 Legal framework establishing the NCIC:
 The Constitution of Kenya makes elaborate provisions on
national goals, values and principles, culture, and citizenship,
and has an expansive bill of rights that places the responsibility
on the nation and its citizens to observe and promote cohesion
and integration practices by providing for every person’s equal
enjoyment of civil and political freedoms as well as socio-
economic and cultural rights.
 Article 10
 Articles 174 (b)
See also the National Cohesion and Integration Commission
Act, Section 15

36. Roles of NCIC include:
 Fostering a general understanding of the concepts of national cohesion and
integration in reference to the Constitution of Kenya (2010);
 Addressing causes of ethnic discrimination, negative ethnicity, perceptions of
discrimination, unequal distribution of resources and opportunities;
 Unifying and integrating Kenyans into a cohesive society guided by national
values and the principles of governance contained in Article 10 of the
Constitution;
 Fostering equity and social justice by building on, or complementing other
on-going national processes aimed at addressing nationhood, national
cohesion and integration;
 Establishing and promoting principles, standards and best practices that
should guide the process of national cohesion and integration, and
reconciliation;
 Providing a schedule of roles for various stakeholders in the
operationalization of the national cohesion and integration process, and
establishing how these stakeholders can be mobilized to play their roles
effectively;
 Providing an organizational framework for the implementation of the
strategic objectives of policy affecting ethnic relations; and
 Providing a framework for mainstreaming national cohesion and integration
into national development programmes, projects and activities including
infusing cohesion principles into laws and policies as stipulated in the Act.

37. Initiatives taken by NCIC to combat ethnicity
 The project dubbed “Promoting National Cohesion and
Reconciliation in Kenya: Reconciliation as a Process and Practice”
which is a project of the NCIC, Folke Bernadotte Academy (FBA) and
Institute of Justice and Reconciliation (IJR).
 Inter-ethnic dialogue for reconciliation and peaceful coexistence and
use of Community Elders in reconciliation, where the NCIC in
partnership with National Steering Committee on Peace building and
Conflict Management (NSC).
 Creating guidelines to monitor hate speech in the electronic media.
 Promoting the prosecution of hate speech as a criminal offense for
which offenders can receive up to 3 years in prison, or a fine of not
exceeding 1 million shillings or both.
 Issuing cessation notices to politicians against incitement to violence.
 Monitoring of social networks and commentaries on news networks
for hate speech.