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giz k e nya s ta f f m aga zine is sue one ja n m a r 2012 mainon the current and future views features newsletters 2 editorial team read the editors 3 word from the country director read about the wise and futuristic views of the country director news on integration get familiar with the integration team in kenya as well as the quality management standard applied to ensure successful integration 4 5-7 giz programme news read about the innovative work that is done by different programmes in giz kenya 8 giz at work see pictures of giz mr dirk niebel the german federal minister for economic cooperation and development greet the community representatives in lokichogio turkana county members at conferences and events german federal minister visits turkana by psda and health sector teams i can say that our support reached the people and it works but the most important thing is that i could see that there is a real ownership of kenyan authorities dirk niebel german federal minister for economic cooperation and development the german minister accompanied by minister of state for development of northern kenya and other arid lands mohamed elmi together with german ambassador to kenya margit hellwigboette and other officials were on a tour of lokichogio in turkana county to witness on-going interventions in health and agriculture after the drought that ravaged countries in the horn of africa last year the german development cooperation in august last year pledged more than 50 million euros to go to fighting drought in kenya the minister on 3rd february 2012 visited various projects supported by the german development cooperation including health outreaches with activities such as immunizations of children screening of malnutrition hiv testing counseling and treatment food distribution projects and an animal health and vaccination campaign at a press conference in nairobi after the tour the minister said that he was happy to see that the german support has reached the people what our cooperation should fulfill is to support the government in making it better next time interventions relating to health in various drought-stricken areas in the country have been undertaken through the kenyan ­ german drought response programme where 7 million euros has been spent on several projects with a strong focus on sustainability the programme under the giz health sector programme and in partnership with the ministries of health is working with 10 partners who are deeply rooted in the kenyan environment to secure efficient use of the funds areas of intervention include improving sanitation and hygiene in the drought affected areas strengthening capacity of the various health facilities in affected areas nutrition support and healthcare services infrastructural support capacity building in the areas of gender based violence sexual and reproductive and maternal child health among others in the field of agriculture the giz promotion of private sector development in agriculture project supported together with four partners interventions in water harvesting distribution of improved seeds animal health improved agricultural practices animal health and infrastructure rehabilitation of an amount of additional 7 million euros in carrying out these interventions the programmes do not only focus on short-term measures but also endeavor to build resilience for future emergencies in the target areas 9 christmas celebrations see the fun we had during christmas 10 11 12 pictures speak see the giz staff in action in both personal and official events kwaheri farewell to our colleagues 13 17 giz programme news read about the innovative work that is done by different programmes in giz kenya 18 interview read all about fridah gaceri kibuko s interview 19 giz news update yourself on the giz meetings and events don t miss the article on kenya and germany s agreement on judicial reforms 20 karibu we welcome our latest giz family members

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ja n m a r 2012 2 emails to the editor giz kenya news editorial team the newsletter is very informative and good to know what is happening in our neighbour country -felicitas mukurarinda quality assurance manager giz uganda what a wonderful job you have done you must have done it with great dedication precision and quality great and keep up -kenda mwenja acci kenya irene maweu here we go again i am delighted to have the 1st newsletter in 2012 with all the interesting news from all the programmes and projects and on many topics i believe that we shall continue to provide more interesting articles in the future i would like to encourage all staff members to send in their article or poetry or personal experiences in their workplace these are the stories and articles that i would love to see increase this year i will not walk alone in the editorial team i have been joined by olivia okechmaleche from the health sector programme and i know you will definitely notice her personal touch in the future newsletters imprint the kenya news is a journalistic product that is distributed in english and is designed for all staff members of the giz kenya its aim is to create an identity and synergy between staff and giz programmes deutsche gesellschaft für internationale zusammenarbeit giz gmbh giz office nairobi riverside mews building riverside drive p o box 41607 00100 nairobi kenya t +254 20 422 8000 f +254 20 422 8999 t +27 12 423 5900 f +27 12 342 0185 i www.giz.de editorial team irene maweu olivia okech maleche photos giz if not stated differently layout design imagin productions i www.imaginp.com olivia okech-maleche

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3 a special message ja n m a r 2012 giz kenya news director s words looking back at 2011 we all realize that this was by far the most successful year of giz kenya ever the most obvious indicator is of course our record in annual turnover in addition to that many politicians and decision makers from germany appreciated our work by visiting us the opportunities to contribute to the drought response in kenya saved many lives we should be proud of that implementing the variety of all our complex activities was a real challenge for all of us therefore i suggest that we take our time in 2012 to restructure giz kenya thoroughly in order to be prepared for future challenges i would like to take this opportunity to thank you for your tireless contribution to our joint success with our team spirit we are very well prepared to continue the success story of giz kenya for the benefit of peaceful development in kenya hendrik linneweber country director looking to the future giz kenya country planning 2012 by sonja blum the giz kenya country planning took place on 9 february 2012 at the bonds garden restaurant in upper hill nairobi special guest was mrs anne kempa from headquarters who is the team leader of the assistants to the management board she updated the group about current events and changes at giz in eschborn and also explained the new stylish and slightly confusing organizational chart in this respect her input was very welcomed and considered as a highlight of the day by the kenyan core management team after a short review of last years goals the topic of the burnout syndrome was introduced burnout is a state of absolute exhaustion which happens due to the heavy work load that is brought about by our everyday work and many activities as these open discussions take the subject out of the grey zone and make it easier to deal with it the choice of topic was highly appreciated having amassed strategies to prevent a burnout and keeping in mind not to burden oneself with too many activities the group deliberated on what could be done at giz kenya to achieve the goals of the africa department the participants came well prepared and in form of a marketplace presented the measures for their programs to accomplish more growth quality and integration after the hard work and a satisfying outcome of the giz kenya country planning the participants had a short but very well-deserved cocktail reception.

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ja n m a r 2012 4 giz kenya news news on integration where are we with the integration at giz kenya by wolfram jäckel staff of the kenya office celebrate giz at one year with 1st january 2012 new administrative and reporting structures took effect as far as development workers dw are concerned dws will from now on report to programme team leaders av civil peace service cps colleagues will report directly to the country director in order to sort out the various administrative procedures and responsibilities regarding dws a half-day workshop was conducted on 19th january with administration staff from the country office and the programmes the practical outcome of the very successful meeting was a matrix allocating administrative staff to the various tasks e.g duty trip applications reimbursement procedures etc so that dws know whom to attend to in which matter the matrix has been distributed to all relevant colleagues has undergone first refinements and will be further fine-tuned as the process continues and experiences are made based on this it was possible to transfer and continue procedures e.g payment of rents payment of national technical advisors settlement of claims etc smoothly without major stumbling blocks delays occurring here and there were sorted out in due course patience and collaboration are still required until the new administration structure has become routine in 2011 the integration team was introduced as an interim organ for taking up issues related to the integration process in order to embed firmly integration issues in existing structures it has been decided to have from now on the dw representative carolin herzig in her absence her deputy sabine rundgren participating in kcmt meetings on a regular basis both colleagues introduced themselves and participated in the kcmt meeting on 30th january over the last two months the three programmes with dws integrated psda water health have conducted team building and planning workshops thus creating a shared understanding of programme goals procedures and structures as well as the respective roles and responsibilities integrated programming ­ in which all the resources at giz s disposal dw national personnel national technical advisors human capacity development measures international experts integrated cim experts are brought in for having the best possible effect ­ has therefore started and will be further strengthened as the basic approach applied in our project planning and implementation an important contribution to this is that after the last two trainings in the first half of february all dws have now gone through the capacity works training so that the basis for a common language and understanding of project management has been laid integration in particular integrated programming is one of the three targets of the country planning 2012 at the session on february 9th activities regarding the further promotion of integration were proposed and discussed these include among others documentation of successful integrated planning and implementation of resources in the health programme ensuring that in 2012 and 2013 dw numbers are kept at the end-2011-level 24 dw in total incl cps the integration of human capacity development hcd in the current programme phase follows a slightly different route as the offer runs on a regional basis till 2013 nevertheless the psda programme will incorporate complementary training formats in capacity development measures for the banking sector to better adjust products to small farmer requirements with support from hcd competence centres the health sector and water sector programmes also benefit from the skills of alumni of giz in the implementation of 2012 activity plans.

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5 programme news ja n m a r 2012 giz kenya news development partnerships with the private sector dpps launch of the code of ethics for business in kenya by dr gefion schuler aregash asfaw year on after committing to the code of ethics a signatory company has to publicly report on its code implementation progress and has to make its report available to the gcnk secretariat in case of non-adherence the code foresees that the transgression is discussed with the offending company at the highest level that a public statement expressing moral disapproval of the transgression is issued and ultimately that the offending company is publicly excluded from the code until the transgression is corrected furthermore kenyan public sector organisations will be enabled to better address corruption and to enter into joint compacts and mutual accountability frameworks for improved service delivery in the public sector hon martha karua the guest of honor at the launch of the code of ethics corruption is a major hindrance to conduct business in kenya it is estimated that corruption costs businesses about 4 of their annual turnover cumulatively about us 1 billion each year in spite of this the private sector has in the past by and large remained passive in the fight against corruption in order to tackle this problem a development partnership between the kenya association of manufacturers kam the kenya private sector alliance kepsa and giz has been agreed and the implementation of the project has started one year back the aim of this partnership is to actively seek and stimulate tangible business action against corruption therefore the partnership implements the 10th principle of the un global compact businesses should work against corruption in all its forms including extortion and bribery after one year of implementation the code of ethics for business in kenya is developed it is the product of a series of consultations among businesses with technical support from the ethics institute of south africa the code was successfully launched on 16th march 2012 at the hotel intercontinental nairobi with the presence of hon martha karua at this event the first group of 46 companies adopted the code by way of signing a letter of commitment the code of ethics for business in kenya aims at promoting and enhancing integrity and ethical conduct of business and seeks to guide and inspire companies to act responsibly in dealing with its stakeholders it is expected that by the end of 2012 over 200 companies will have adopted the code following the signing of the letter of engagement companies are bound to make their commitment to the code public and also participate in seminars and workshops organised by the global compact network kenya gcnk from the second the joint project between kam kepsa and giz includes the implementation of a national integrity pact which is used to address systemic corruption in kenya other objectives of the project are the elaboration of integrity studies for the private and public sectors and ethics management trainings the partners kepsa is the apex private sector organisation with a membership of over 70 business associations and some corporate kam is the representative organisation for the manufacturing sector in kenya and was mandated by the un global compact headquarters to serve as the national focal point for the global compact network kenya gcnk increased access to solar energy through a base of the pyramid approach by aregash asfaw ­ giz kenya opportunities to work closer in development cooperation in his opening speech during the two day kick-offemmanuel leger head of access to energy ­ total france alexis vovk managing director ­ total kenya workshop hendrik linneweber country director ­ giz kenya aregash asfaw senior coordinator dpps ­ giz kenya which took place at the end of february 2012 in nairobi mr the giz-kenya and total entered a development linneweber gave an overview of giz in general partnership supported by the federal german giz kenya highlighting the high importance of the ministry in december 2011 with the aim to increase private sector within development cooperation he access to solar energy to low income groups and stated that the private sector is the backbone of encourage them to rely on renewable energies the economy and the driving force for development this project is in line with an agreement between and only through active engagement of the private the french and german embassies to identify sector can sustainable development be reached up to date giz kenya has entered into 48 development partnerships with the private sector the current partnership with total kenya is another good example of the benefit of partnering with the private sector to protect the environment the managing director of total kenya mr alexis vovk stated in his speech that the project not only adapts the bottom of the pyramid approach but will also try to understand the situation on the ground in relation to energy lighting needs of the mass population a reliable safe and quality lighting product which is affordable will be the aim of the project on top of that the project shows that by joining forces and utilising synergies france and germany can successfully contribute to the development of kenya.

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ja n m a r 2012 6 giz kenya news programme news regional drought resilience igad and german government sign cooperation agreement by dorothee aehling igad country desk nairobi igad and bmz negotiations were held on 11th november 2011 in djibouti and resulted in a new agreement to enhance igad s regional mandate to increase drought resilience in its member states since 20 years giz has been supporting igad in diverse programs including food security climate information systems nairobi-based icpac the conflict early warning and response system addis based cewarn and peace and security activities of igad head quarters in djibouti from now on igad and germany are going to cooperate through technical cooperation and through financial cooperation to strengthen the mandate given to igad by the heads of states meeting in nairobi september 2011 to monitor and coordinate the national and international efforts in improving drought resilience said the director of the bmz east africa division dr ralfmatthias mohs bmz will contribute eur 3 mio for further giz support to the igad secretariat in addition bmz will support igad member states with eur 20 mio through kfw for medium and long term oriented drought resilience programs these drought resilience funds shall foster economic development and regional integration in the horn of africa the german government has always been on our side and i am deeply convinced that the new agreement is a testament of the friendship and trust that has always existed between igad and germany said the igad executive secretary eng mahboub maalim gender speak genderspeak did you know spousal abuse is the percentage of married men/women who experience emotional physical or sexual violence committed by their husband wife/partner according to the most current kenya population data sheet 2011 spousal abuse meted against women of reproductive age 15-49 is highest in the nyanza region 60 and lowest in nairobi 30 female genital cutting fgc is a form of gender-based violence against women and girls there is a slowing down of fgc in the country however the practice is still persistently prevalent in north eastern region 97.5 compared to only 0.8 percent in the western region keeping you in the loop 3m

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7 programme news ja n m a r 2012 giz kenya news the public procurement e-learning system in kenya by sylvia aluoch in taking several important steps to further strengthen the capacity of ppoa public procurement oversight authority to regulate public procurement effectively giz/spfr capacity development in public procurement component has supported the launch of a public procurement e-learning system the e-learning system is believed to be a valuable additional training resource for capacity building in public procurement processes the system uses electronic means to extend the reach of capacity building programs not only for those who cannot immediately take advantage of conventional training opportunities but also for those who prefer to improve their understanding of the procurement law and good procurement practices in their own time and place thus increasing the numbers of staff who feel confident in applying the procurement law in their procurement work the public procurement e-learning system was launched in february 2011 in nairobi and thereafter in other towns namely kisumu mombasa garissa nakuru and nyeri it provides basic level training in public procurement disposal act 2005 related regulations covers main provisions of law tests on each module of trainings and awards certificates to those who complete and pass the trainings the e-learning system targets all procurement practitioners in kenya with a special focus on procurement staff who work for smaller procuring entities such as schools health centres dispensaries co-operative societies who undertake procurement as part of a broader set of duties the organization they work for may not spare them the time to attend a conventional procurement training workshop even if an opportunity arises because procurement is of relatively small importance to the organization s main business staff working in procurement in remote locations may also find difficulty in getting to the urban areas where most training workshops takeplace staff in procuring entities who are new to procurement in whatever capacity and who will benefit from an early introduction to the requirements of public procurement before a formal training course can be arranged for them long-serving procurement staff in need of a refresher on the requirements of the legislation possibly because they have missed out on a particular training course or because it is several years since they received training the aim is to keep the system flexible so that students can study the modules in the order that suits them best at the time that is most convenient for them however it is not intended to be an easy option and students will need to obtain an acceptable pass mark in each module before they can be awarded a certificate currently the e-learning system has three courses namely · the public procurement and disposal proficiency course based around the ppoa s public procurement and disposal general manual procurement records management manual and the framework contract guidelines among other documents the procurement of works course based around ppoa s manual on the procurement of public works · the education procurement course based around ppoa s public procurement manual for schools and colleges this system is an initial model and is capable of being extended with modules to cover additional areas where training in procurement is needed a second face to launch the public procurement e-learning system in other regions/counties is to commence on march 2012 in malindi eldoret and kakamega with other counties/regions to be determined subsequently in keeping abreast with technology giz/spfr is pleased to have the opportunity to partner with ppoa in developing a practical solution for broadening the reach of procurement training opportunities please visit the links below for more information www.ppoa.go.ke/elearning website www.ppoa.go.ke · achievements of the intergovernmental fiscal relations component of giz programme providing support to public finance reforms in kenya by alfred mwenda the intergovernmental fiscal relation component of the giz programme providing support of public finance reforms in kenya spfr has been providing direct technical support to the ministry of finance in the drafting of the public financial management bill 2012 the giz spfr team is excited that this bill is in the final stages having been approved by cabinet for publication and submission to parliament for debate and approval the bill if enacted will introduce significant changes in kenya s public financial management architecture the public financial management framework established under the bill transcends both tiers of government provided for in the constitution of kenya 2010 the national and county governments the bill is largely informed by international best practice and the constitution and seeks to address four main objectives first the bill seeks to promote good financial management at the national and county level the second objective of the bill is to facilitate effective and efficient use of limited resources third to consolidate the dispersed pfm laws into one over arching legislation applied to both levels of governments in this regard the bill repeals several public finance laws fourth to ensure compliance with constitutional requirement to enact legislations on public finance listed in the 5th schedule and also mentioned in chapter 12 the bill if passed by parliament will safeguard the resources assigned to both levels of government and ensure that the functions assigned to the county governments are matched by adequate reliable stable and predictable revenue the bill also provides for safeguards that will ensure that county governments have autonomy over their planning and budgeting processes the bill is also intended to provide for county financial management and control framework that is effective and efficient to enhance highest levels of transparency and accountability in the management of revenue expenditure intergovernmental fiscal relations as well as loans and grants finally the bill provides for public participation and sufficient disclosure arrangements aimed at enhancing accountability and transparency in public financial management.

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ja n m a r 2012 8 giz kenya news giz at work water sector reform programme wsrp at the kilimanjaro marathon march 2012 hiv mainstreaming network meeting johannesburg 6 8 march 2012 sector network meeting health and social protection africa mena lac johannesburg 5 8 march south africa

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9 its christmas ho ho ho ja n m a r 2012 giz kenya news christmas celebrations 2011

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ja n m a r 2012 10 giz kenya news picture speak

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11 ja n m a r 2012 giz kenya news

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ja n m a r 2012 12 giz kenya news kwaheri kwaheri martina appuhn dr carmen humboldt kwaheri lothar von ahlefeld

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13 programme news ja n m a r 2012 giz kenya news cim award by hans-jurgen scholl the centrum für internationale migration und entwicklung cim is the human resources placement organisation for german development cooperation it places managers and technical experts in asia africa latin america and eastern and south eastern europe since mission is to support partners contributions to their countries development and the attainment of the goals set jointly by each partner country and the german federal ministry for economic cooperation and development bmz the management and technical experts placed are integrated into on-site structures through a local employment contract and the goals agreed together within a wide range of networks and partnerships that span the globe these experts pursue the development policy goals of the german federal government results-oriented sustainable development through international cooperation giz is involved as it provides through cim assistance to the institution au-ibar has employed the financial advisor to assist them in all financial aspects of donor financed projects to have transparency in accounting following rules and regulations and reporting in time to the relevant donors this is the reason why giz got the certificate for outstanding leadership and support to the promotion of the development and utilisation of animal resources in africa climate change issues by purity karuga the african eco-labelling mechanism aem through its sustainability label eco mark africa aims at promoting intra-african and international trade and enabling african economies to adapt and contribute to the mitigation of climate change the development of the aem takes place under the auspices of the african union commission and is hosted by the african organisation for standardisation arso which offers sound expertise in the field of standardisation as well as a broad political network in addition its development is a multi-stakeholder driven process involving key partners such as the african roundtable on sustainable consumption and production arscp unep uneca consumers international and various african regional economic communities recs on behalf of the german federal ministry for the environment nature conservation and nuclear safety bmu giz supports arso in establishing an independent institution for the administration of the african eco-label during the climate change conference conference of the parties cop17 that took place in durban south africa from 28th november 9th december 2011 the african eco-labelling mechanism and its eco mark africa had a stand at the africa pavilion to showcase their work in kenya and africa.

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ja n m a r 2012 14 giz kenya news programme news beyond conviction stories of rehabilitation from kenyan prisons by margaret mwaila betty sharon may odhiambo the sleeping giant of kamiti kamiti is synonymous with the maximum men s prison ­ a known residence for hardcore criminals ­ those who call you in the middle of the night to throw threats at you or con you of your m-pesa reservoir but did you know that kamiti has some undiscovered gem apart from the kamiti maximum and medium facilities kamiti also hosts a youth correctional and training facility the kamiti youthful corrective training centre yctc is a model in kenya established in 1962 under cap 90 of the laws of kenya its core objective is to contain youthful offenders in humane safe conditions in order to facilitate responsive administration of justice rehabilitation social reintegration and community protection true to its core objective the yctc offers counselling and guidance as well as a trail of other technical support training in agriculture ict and physical arts these are practical trainings using the `learning by doing approach additionally the facility offers basic education according to the prisons authorities the yctc is painfully under utilised although the facility has capacity for 500 there are only 44 boys currently yctc is meant for petty offenders aged 17 to 21 committed on short term up to 4 months committal to the facility must be recommended by the probation department which does not happen too often going by the figures over the fence a sexual offender in the maximum prison intimated that there was a tendency by fellow prisoners to coerce sexual offenders into homosexuality prisons authorities acknowledged the problem of homosexuality and recommended that young offenders would rather be committed to the yctc instead of being mixed with the adults where they are preyed upon for sexual favours in kenya sexual offenders after being charged in the court of law and sent to prison they are then forgotten and people don t have their tracks once they finish their terms this makes it easy for them to follow their targets for revenge and go back to their old ways or even worse ways of offending it is also not easy to get and approach these sexual offenders for behavioural change out of prison the project aims to work hand in hand with the shimo la tewa rehabilitation authority and sexual offenders in prison who have accepted their mistakes and are ready to participate in the program as ambassadors the project aims to · provide an opportunity for men to be both challenged about their abusive behaviour and supported to change make abusive men accept their offences and take up the challenge with renewed hope that they can change and hence prevent further damage to their partners or children and the society follow the underlying principles of challenging men who behave abusively or violently to women and children as stated the gbv prevention network was formed and to date the flag for fighting gender based violence is forever raised high the badilika project is a follow-up from the engendering violence conference in uppsala university where betty sharon represented cwid in 2009 and learnt about working with abusive men to challenge violence against women and children in a presentation by dr chris laming the badilika project is now a joint initiative of dr chris laming and pwani gender based violence network the project will mainly focus on the male perpetrators of gbv who have accepted their offences and are ready to change at shimo la tewa rehabilitation centre and at the borstal institution this is in order to · · observe their behavioural change while undergoing correction by law find ways of integrating them back to the society in a manner that they will be accepted back as family try to ensure they do not indulge in vice again and that vulnerable victims are safe mentor them be ambassadors of gbv change in their communities · · · · the pwani gbv network the pwani gbv network under the secretariat of coast women in development cwid is a network that deals with the prevention and awareness of gender based violence in the coast province the network organizations give various kinds of support to the survivors of gender based violence such as legal support and counselling the pwani gbv network was started after the realization that there were many victims of post election violence who suffered both physically and psychologically due to the abuse inflicted on them there was need for a body to come up and take responsibility over the prevention and awareness of gender based violence this is how the badilika group at shimo la tewa prison betty sharon may odhiambo are members of coast women in development cwid an indigenous community based organization working on gender issues in coast province with specific emphasis on sexual and gender based violence `badilika group badilika change is the name of the project that was started by the male sexual offenders at shimo la tewa prison now re-named the shimo la tewa rehabilitation centre the group of 19 male sexual offenders feels there is a need to involve the sexual offenders in the fight against gender based violence through participatory learning approaches and involving perpetrators in outreach programs where they can open up and speak openly about their behaviour change can create more gender-equitable relationships thereby decreasing gender based violence.

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15 programme news ja n m a r 2012 giz kenya news q&a on the sexual offences act with buluma bwire ­ research advisor tfsoa old is it a defence that the child was not able to identify the perpetrator i found that quite absurd that the court would even permit such a discussion in the case of such a minor the law relies on what we call an intermediary this is usually an adult a parent/guardian who gives evidence on behalf of the three year old child therefore the intermediary can identify the accused on behalf of the child most of these cases are known when the child reports to the mother/guardian that so and so touched them inappropriately and thus the mother/guardian is best suited to identify the offender lastly when children under 18 engage in sexual experimentations they are both considered to have committed an offence a magistrate thinks this is too much because the poor souls are experimenting exploring and discovering what does the act say there is no law that says that it is a crime offence for two minors to engage in consensual sexual activity this is an issue of parental responsibility for it is the parents who have failed to educate their children on sex and its consequences however where one minor takes sexual advantage of another for instance a boy in form 4 forces a girl in form 1 to have sex with him then that minor is committing an offence and s/he is referred to as a child sex offender he shall then be tried and convicted as a minor for defilement in line with the provisions of the soa as read together with the children s act do you have any questions about sexual offences in general or the sexual offences act in particular ask buluma andrew.buluma@giz.de the sexual offences act soa provides comprehensive legislation addressing sexual offences in kenya it came into force on july 21 2006 and is the first gender related act to be passed in the kenyan parliament since independence the task force on implementation of the sexual offences act tfsoa was appointed by the attorney ­ general as per gazette notice no 2155 and is charged with the mandate of overseeing implementation of the act it is currently chaired by justice rtd effie owuor and consists of thirty members drawn from both state and nonstate organizations now three things still bother me mr gigiri mwaura saturday nation columnist brought out some issues from the penal code that are not adequately addressed in the soa the decency and decorum of women and girls i am sure you read the article as far as i understand the indecent acts section of the soa does not fully address what was contained in the penal code could you kindly enlighten me on this under the penal code sexual offences were referred to as offences against morality and they were not comprehensive when the soa was passed it became the only comprehensive law for sexual offences in kenya the soa repealed some of the provisions earlier in the penal code however some provisions were retained and are still in application today under the penal code for example indecent practices between males unnatural offences bestiality detention of females for immoral purposes amongst others the indecent acts section of the soa was not meant to address what was contained in the penal code in fact it created an offence that had not been defined in the penal code indecent acts under section 6 of the soa an indecent act is that which causes any contact between the genital organs of a person his/her breasts buttocks with that of another person a exposure or display of any pornographic material to any person against his/her will but does not include an act which causes penetration b under s.6 any person who intentionally unlawfully compels induces or causes another person to engage in an indecent act is guilty of an offence and it carries a minimum of 5 years imprisonment a good example is during the days of the stage coach bus kenya bus when perverts would board buses which were full and then proceed to masturbate while standing behind women by making their penis touch the buttocks of the women or those who fondled women s breasts and so on under the penal code there was no offence so such people could not be charged with any crime but under the soa this offence was recognized and carries a minimum sentence of 5 years imprisonment a lawyer brought to my attention the other day the issue of identification that the complainant ought to identify the perpetrator and that in case it does not happen it can be used as a defence surely in a defilement case e.g involving a 3-year

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