International Day of the Girl Child Celebration.

It’s been a while since “Sisterhood” was actively doing mentorship in Schools within Nairobi and its environs. This is majorly because your truly was back in class from May- October of this year and it proved quite a challenge balancing school work, full time employment and Sisterhood. Nonetheless I was still scribbling down thoughts and ideas especially to help build teenage girls self esteem and help them gain meaningful life skills. In all the deadlines and assignments, Sisterhood committed to celebrating the International Day of the Girl Child in style.

The International day of the Girl Child is an annual celebration marked on the 11^th October. The day is an international observance day as declared by the United Nations in the year 2012.The observation supports more opportunity for girls, and increases awareness of inequality faced by girls worldwide based upon their gender. This inequality includes areas such as access to education, nutrition, legal rights, medical care, and protection from discrimination, violence and unfree child marriage and access to education among others.

Since the day is for the girl child, Sisterhood came up with an activity which is spearheaded by the girls and what better way to do so than to hold a debate intundem with this year’s theme which was 'Innovating for Girl's Education.' Sisterhood approached 4 schools within Nairobi namely; Ngara Girls High School, Arya Girls High School both in Nairobi’s Ngara area and Bahati Soweto and Bahati Mukuru both CC’s located in Nairobi’s informal settlement of Embakasi area. Each school was tasked to present 3 debaters who would present on innovative ways to ensure that more girls are able to access education not only in Kenya but within Africa and beyond. Each team (school) was also tasked to present on Manila paper the girls dreams, hopes and aspirations. The girls were encouraged to draw, paste pictures and write what they envision for themselves with no barriers in place. I believe that sometimes we are more visual and to assist those moments where you cannot be best able to articulate yourself visual diagrams always seem to go a long way. The fine arts which each school presented were the background of the debater’s podium.

It was very refreshing to hear the innovative solutions the girls came up with. Most of them identified that the current solutions are not working and hence it is obvious that newer solution must be incorporated to address the same. The girls called for reforms in the heavy taxes levied on sanitary towels which hinder many girls from being able to attend school every month during their menses for lack of adequate sanitary towels. It was also noted that campaigns that only provide sanitary towels are not effective especially in the Northern parts of the country where girls also lack proper inner wear. Strategies such as ‘panties for a purposes’ was called for. The girls also suggested that more mentorship programmes are needed to enable the girls to have good support structures and pillars of hope.

The debate generated a plenary discussion where all present participants to the event contributed towards brain storming on sustainable solutions to address the challenges faced by the girl child in Kenya. The judges who are all very passionate about gender development and who also work in the sector proved instrumental in steering the discussion.

As with all competition there must be a winner. Sisterhood is committed to inspire, support and encourage young teenagers and as such we found it prudent to have gifts of participation for all 12 debaters. Each contestant was presented with a certificate of participation, and a journal from the United religions Initiative and the Sema Kenya BBC program also presented t-shirts and wrist bands to the girls.

The first three debaters each got Bata Shoe School Vouchers donated by the United religions Initiative. The judges also made special mention to one of the debaters who came up with the most innovative solutions and was also presented with a school bag from URI. The BBC- Sema Kenya program also donated wrist bands to all 54 participants to the event.

All 54 participants were welcomed to refreshments after the event which took 2 hours. The event was held at the host school Ngara Girls in Nairobi from 2:00-4:00 pm on the 18^th October 2013.

Sisterhood sincerely thanks all the people who made this day a great success and for making the girls matter!!

 

Valedictorian speech by Kate Kiama- 25th October 2013

Riara Law School

Good Afternoon ladies and gentlemen,

It is indeed a great privileged and honour to be appointed valedictorian of the first Pre-KSL class of 2013.

There is a story of a young, but earnest Zen student who approached his teacher, and asked the Master, “If I work very hard and diligently, how long will it take for me to find Zen? The Master thought about this, then replied, “Ten years . .” ?The student then said, “But what if I work very, very hard and really apply myself to learn fast — How long then?” “Well, twenty years.” Replied the Master. “But, if I really, really work at it, how long then?” asked the student. “Thirty years,” was the Master’s reply. “But, I do not understand,” said the disappointed student. “At each time that I say I will work harder, you say it will take me longer. Why do you say that?”?The Master’s reply is what am driving at-his response to his earnest Zen student was that  “When you have one eye on the goal, you only have one eye on the path.”

This is the dilemma we all faced when we enrolled as students at Riara Law School. We were all so focused on one goal-to get admitted to the Kenya School of Law. In this way we quite frankly we were only interested in doing whatever it takes in the shortest time possible to achieve our original objective. And here we are today…

As a class, we have definitely gone through more than we could have imagined possible in the last few months. Some more difficult to face than others. Yet we are seated here for a reason. We are here because we have all accomplished that original objective. But unlike the earnest Zen student, we soon discovered somewhere along the way that there is more to life than that one goal and more often not we have to have the  focus of  both of our eyes to achieve our goals.

So other than getting a step closer to finally undertake the Advocates training Program, our stay at Riara Law School has taught us valuable lessons which we are already using and will be for a long time. All of us can easily put Constitutional Experts to shame with our comprehensive, analytical and in-depth knowledge of Constitutional Law thanks to Mr.Kibet. Dr.Jackline Nyaga not only managed to teach us and remind us of Latin Maxims in Land Law, Company Law and Jurisprudence but was also able to really indoctrinate in us the importance of critical thinking not only for academic purposes but also for our general application in life as well. Ms Njogu’s meticulous eye for detail is a lesson we all learnt that makes the world of difference between being great and being exceptional; Mr. Wekesa reaffirmed that sometimes you will be required to step up your game for the greater good of others and you should do so with grace and equal zeal.

Every single student here has taught me something which I am taking away and I believe so are you. It is absolutely heartwarming to have gotten to know each one of you and it is quite a relief that even when we do get to KSL we have others to look up to, for support and encouragement and of course a good laugh to go the distance.

On behalf of all the Pre-KSL class of 2013, I’d like to sincerely thank all the lectures, staff and the entire Riara University fraternity for making our stay here as short as it was fruitful, eventful and purposeful. We’d sincerely like to acknowledge all the efforts by Ms Damaris and Professor Kangar’a who constantly sort better ways to make our stay here as comfortable and effective as achievable. I’d also like to thank all our parents, guardians, spouses and employers for bearing with us and accommodating us during the period we were here.

To all the Pre-KSL students, I wish each one of you happiness. It doesn't matter what your plans are, or what you consider to be "great things." Just remember that you can. You can try, you can fail, and you can try again. I have three last pieces of advice which I learnt from my father, a retired military man who is unfortunately is not with us today. - I have modified them to suite our purposes and they are self-explanatory. First to achieve your hearts desires, you must be disciplined. Secondly leave no lawyer behind and finally when the going gets tough, which it might sometimes, armor up.

Thank you for indulging me.

Call for Nomination of a young person (under 23) to join the independent Expert Review Group on Information and Accountability for Women’s and Children’s Health

In 2011, following a recommendation of the UN Commission on Information and Accountability for Women’s and Children’s Health, the World Health Organization (WHO) established a time-limited independent Expert Review Group (iERG) which will operate until 2015. Currently, the iERG is an 8-member group. In their 2013 Report to the UN Secretary General, the iERG members point to a gap in global and national accountability : Adolescent health is a neglected issue. In this spirit, the iERG requested the addition of a new member to represent adolescents in their group.

In order to address this request, WHO is soliciting nominations for a young person. Any person up to 25 years of age is considered a “young” person. However, in order to qualify, the person must be younger than 25 by end of 2015 (end of iERG mandate). Therefore, at the time of nomination the individual should not be older than 23 years of age and should represent an institution rather than herself or himself.

• Terms of Reference of the independent Expert Review Group
  pdf, 301kb
• Current membership

Self-nominations will not be considered. Individuals or organizations wishing to propose candidates are requested to submit nominations via the online form below by 31 October 2013.

The following should be submitted with the nomination:
• Letter of not more than 500 words describing the nominee's institutional membership, relevant knowledge, experience, and achievements
• Curriculum Vitae
• Signed WHO Declaration of Interest form
• Brief biographical sketch not exceeding 500 words

The selection committee will assess the nominees using the following criteria:
• Membership in a relevant institution
• Age (under 23)
• Demonstrated leadership among the youth groups

The iERG members are expected to exercise autonomous, professional judgment and serve in an independent capacity until the end of the mandate of iERG in 2015. If you have difficulties accessing or using the online form, please contact us at acc_commission

• Click to access application process
  Please log-in to the application process using the username expert and the password nominate.

WORLD YOUTH FORUM-December 9-13, 2013 — Nairobi, Kenya

“Towards Global Youth Empowerment: Opportunities and Challenges”
December 9-13, 2013 — Nairobi, Kenya

The World Youth Forum is an annual convocation where youth and industry practitioners, policy makers, thought leaders and strategic partners, at the highest levels, gather to discuss issues, identify solutions and generally develop courses of action that will benefit the industries and global youth agendas.

Youth from several countries will make their contributions to the discussions. The forum is one of the vehicles through which World Youth Trust encourages the best and brightest to consider social-entrepreneurship as a career. The Forum will provide best case practices and winning strategies on a variety of topics on issues affecting youth and industries, all with a view toward the development of a sustainable global youth empowerment.

This is a not to be missed event for influencers, educators, industry leaders, marketing and development strategists.

Registration Open

Participation in this; global event is by invitation only and strictly limited to the criteria and quota of each stakeholder group.

If your application is accepted you are invited, you will receive the link to register with your invitation, which will be sent via the email you provide during application.

Who can apply?

• Students, fresh graduates, young entrepreneurs, civil society leaders, community workers, researchers, junior professionals, artists, creative change makers who are between the ages of 18 and 35, and have a seed of an idea that they want to develop into a full-grown project.
• Preference will be given to applicants who can demonstrate how this Program will directly benefit them, their community and their country.
• Proficiency in English is required. If you are accepted you will be required to participate fully in the discussions and role-plays in English

http://www.worldyouthtrust.org/index.php/registration/115-world-youthforum/384-world-youth-forum-2013

Oak Fellowship at Colby College

APPLY NOW — FALL 2014 OAK FELLOWSHIP – FOCUS ON GENDER AND HUMAN RIGHTS

The Oak Institute for the Study of International Human Rights is conducting its search for the Fall 2014 Oak Human Rights Fellow.

The Oak Institute is looking for activists focused on the theme of gender and human rights, which may have to do with women but may also involve men (and masculinity) and sexual minorities. We invite nominations particularly from those working on sexual and reproductive rights, gender empowerment and education, human and sexual trafficking, activism against gender-based violence, gender- and sexual-based asylum, or gender and environmental rights.

For more information on the 2014 Oak Fellowship please view our Brochure.

About the Oak Fellowship

Each year, the Oak Institute brings an Oak Human Rights Fellow to teach and conduct research while residing at the College. The Institute organizes lectures and other events centered around the fellow’s area of expertise. The purpose of the fellowship is to offer an opportunity for prominent practitioners in international human rights to take a sabbatical leave from their work and spend as long as a semester as a scholar-in-residence at the College. This provides the Fellow time for reflection, research, and writing.

While all human rights practitioners are eligible, we especially encourage applications from those who are currently or were recently involved in “on-the-ground” work at some level of personal risk. The Oak Fellow’s responsibilities include regular meetings with students either through formal classes or informal discussion groups and assistance in shaping a lecture series or symposium associated with the particular aspect of human rights of interest to the fellow. The fellow also is expected to participate in the intellectual life of the campus and enable our students to work or study with a professional in the human rights field.

The Fellow will receive a stipend and College fringe benefits, plus round-trip transportation from the fellow’s home site, private housing near campus, use of a car, and meals on campus. The Fellow will also receive research support, including office space, secretarial support, computer and library facilities, and a student assistant. The Fellowship is awarded for the fall semester (September through December) each year. Following the period of the award, the fellow is expected to return to her or his human rights work.

If you wish to be contacted each year when we begin our annual search process, please join our electronic mailing list at: www.colby.edu/academics_cs/goldfarb/oak/mail.cfm or email the Oak Institute at: oakhr@colby.edu

 

Source of Labour Law in Kenya.

By Kate Kiama

Granted, labour law in Kenya does not take the form of a comprehensive labour code; rather it is in fact derived from a multiplicity of sources, both legal and extra-legal which in some instances interact in complex ways. The below discussion will identify and discuss the formal and voluntary sources of labour law in Kenya.

                     Labour law in Kenya is based on a number of legal rules. This will be discussed consecutively below.

        i.            Constitution. The Constitution is the grund norm and as such is the most supreme law of the land. This is further buttressed by Article 2 (1) of the same. The Constitution also makes specific provisions on labour relations in Article 41 and 43 (1). The upshot of these provisos being that everyone has a right to fair labour practices and that the state will ensure that a person’s economic and social rights will be realized progressively. Article 25 as read with Articles 28 and 30 (1) ; (2) affirm that a person has the right to human  dignity and will not be forced into labour, slavery or servitude. This right is enshrined as a non-derogatable right. Further Article 27 (3) of the Constitution mandates employers to treat their employees in an equal and non-discriminatory manner. Constitutional provisions are also made in relation to forming associations, the right to assembly, demonstrating, picketing and petitions in Articles 36 and 37 respectively. Article 232 as read with Chapter 6 on leadership and integrity provides thresholds that public servants must attain before holding public office. The Constitution also establishes the Industrial Court pursuant to Article 162 (2) and various commission that directly or indirectly affect labour law issues in Kenya.

     ii.            Acts of Kenyan Parliament. Core labour legislation on social security matters include the following;

·        National Social Security Fund Act, Chapter 258

·        National Hospital Insurance Fund Act, Chapter 255

·        Industrial Training Act, Chapter 237 (Revised 2011)

·        Retirement Benefits Act 1997 amended Retirement Benefits (Amendment) Act 1998

Major reforms were embarked on in 2007 with the enactment of five other legislations on labour law to supplement the sector. These statutes include the following:

·        Employment Act,2007 (replaced Employment Act, Cap 226 and Regulation of Wages and Conditions of Employment Act, Chapter 229)

·        Labour Institutions Act,2007 (replaced the Trade Unions Act, Chapter 233 and the Trade Disputes Act, Chapter 234)

·        Labour Relations Act,2007

·        Work Injury Benefits Act,2007 (replaced the Workmen’s Compensation Act, Chapter 236)

·        Occupational Safety and Health Act,2007 (replaced the Factories and Other Places of Work Act, Chapter 514)

   iii.            International Law. Under the previous constitutional regime, Kenya adhered to a dualist legal system and as such international treaties and obligations did not take immediate effect and required implementation through domestic legislation. The result was that as such the full implementation of a number of treaties providing protection in relation to labour law matters could only be realized once national legislation was passed. Pursuant to Articles 2 (5) and 2 (6) of the Constitution , it  appears that there has been a shift toward a partly monist system and as a consequence therefore international law does not need to be translated into national law and takes immediate effect upon ratification and signing of the same. Examples of ILO conventions  that are now part of the labour laws of Kenya include;

·        ILO CON. 29 – Forced labour ratified on 13^th January 1964

·        ILO CON. 98 – Freedom of Association and Collective Bargaining ratified on 13^th January 1964

·        ILO CON. 100 – Equal remuneration for work of equal value ratified on 7^th May  2001

·        ILO CON. 105 – Abolition of forced labour ratified on 13^th May 2001

·        ILO CON. 111 – Discrimination in employment ratified on 7^th May 2001

·        ILO CON. 138 – Minimum age of employment ratified on  9^th April 1979

·        ILO CON. 182 – Worst forms of child labour ratified on 7^th May 2001

   iv.            Judicial Precedent.  Also referred to as case law or judge-made law; means the decisions of judges as they lay down legal principles for future cases coming before them. The Kenyan legal system is based on the doctrine of precedent and as such superior courts decisions are binding on subordinate courts. Both common law and equity have developed through the doctrine of judicial precedents and stare decisis, which means that in trying and deciding a case, a judge, must look back to see how the previous judges have dealt with the case involving similar facts.  A judicial precedent contains two parts:

·        Ratio decidendi.

·        Obiter dictum.

The ratio decidendi is the rule acted on by the court in coming to the decision in a particular case. This is the binding decision. The rest of the judgment, which includes explanations and other cases cited in judge’s argument form the obiter dicta and is generally not binding but can be persuasive in nature.

     v.            Common Law and Customs. This is a branch of the law of England which was developed by the ancient common law courts from customs usages and practice of the English people, in 1066 AD and is said to originate from the Norman King. The courts applied the people’s customs to resolve legal problems thereby giving the customs the effect of law. The courts of Exchequer, Kings Bench and Common pleas were critical in the devolvement of the common law. This is largely un-codified law and is limited to laws applicable in England on or before the reception date of 12^th August 1897.

   vi.            Legal Writing. The works of highly published authors form persuasive authority to the labour laws of Kenya.

                     The Sources of Law in Kenya are found in a hierarchical form in Section 3 (1) of the Judicature Act.[1].International law which is conspicuously missing from the list finds expression now in the Constitution which predominantly makes Kenya a hybrid of a partly dualist yet partly monist state.

                     In conclusion therefore, the formal and voluntary sources of labour law can be summarized as including the Constitution and Acts of Kenyan Parliaments in addition to International Laws which the Kenyan people agree to be bound by. Similarly, judicial precedent may also be regarded as a voluntary source of law due to the respect and mandate of the judicial arm of government. Customs and common law apply in so far as the inhabitants of Kenya and the prevailing situation allow.

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[1] Chapter 8 Laws of Kenya