Support to the Realization of Human Rights and Access to Justice in Kenya (2012 ? 2015)

Report Cover Image
Evaluation Plan:
2014-2018, Kenya
Evaluation Type:
Mid Term Outcome
Planned End Date:
06/2015
Completion Date:
11/2015
Status:
Completed
Management Response:
Yes
Evaluation Budget(US $):
20,000

Share

Document Type Language Size Status Downloads
Download document UNDP Kenya End of Project Final Evaluation Report by The Bassiouni Group.pdf report English 1967.65 KB Posted 474
Download document End Evaluation_ToR March Human Rights.pdf tor English 179.42 KB Posted 252
Title Support to the Realization of Human Rights and Access to Justice in Kenya (2012 ? 2015)
Atlas Project Number: 00080976
Evaluation Plan: 2014-2018, Kenya
Evaluation Type: Mid Term Outcome
Status: Completed
Completion Date: 11/2015
Planned End Date: 06/2015
Management Response: Yes
Focus Area:
  • 1. Others
Corporate Outcome and Output (UNDP Strategic Plan 2014-2017)
  • 1. Output 3.2. Functions, financing and capacity of sub-national level institutions enabled to deliver improved basic services and respond to priorities voiced by the public
Evaluation Budget(US $): 20,000
Source of Funding: Project Funds
Joint Programme: No
Mandatory Evaluation: No
Joint Evaluation: Yes
Evaluation Team members:
Name Title Email Nationality
The Bassiouni Group
GEF Evaluation: No
Key Stakeholders: KNCHR, Development Partners and UNDP
Countries: KENYA
Lessons
Findings
Recommendations
1 1. Establish a joint programme with other UN agencies: To ensure continued project relevance, efficiency and effectiveness, and in line with the UN DAO and UNDAF, UNDP should consider establishing a joint programme with other UN agencies holding mandates on human rights and gender empowerment (such as UN Women, UNICEF, UNFPA, UNAIDS and OHCHR). In this way UNDP (which would continue to be the lead agency) may solicit high-level expertise on human rights, gender, children's rights, women's rights and SRH rights, and leverage additional financial resources for a new programme phase.
2 2. Collaborate with other constitutional commissions: To strengthen the adequate adaptive capacity of the three commissions, the commissions should initiate collaborations with other constitutional commissions in order to effectively and smoothly take over some of the mandates of the Commission on the Implementation of Constitution (CIC) (whose term is coming to an end) with the aim of sustainably promoting human rights and access to justice in Kenya.
3 3. Strengthen partnerships at all levels: Strengthening partnerships at all levels with relevant stakeholders should be emphasized, particularly with respect to the dissemination of the Bill of Rights in the Constitution and the various laws and policies reviewed during the previous project period which the commissions have deemed to be human rights compliant and aligned with the Constitution. Increased public demand for services of the commissions has the potential to further accelerate improvements in the human rights respect, along with the promotion of, and access to justice at the county levels. Strengthened partnerships will allow greater outreach and improved programming across all project objectives.
4 4. Strengthen coordination between the commissions: Joint programming among the three commissions has been determined to add value. Hence, the next project phase should continue to work through these entities. To solidify gains, priority should be given to improving communication, coordination and planning mechanisms between the three commissions. Improvements in this area may come as a result of a joint UNDP/UN programme where planning and coordination would be central, and through regular programmes and operational implementation reviews.
5 5. Address budget-related impediments: A large majority (70%) of the evaluation interview respondents raised concerns regarding the need for additional funding and related budgetary constraints and processes impacting operational, staffing and programming capacity. As such, the next project phase should increase attention to the following budget-related items: - The commissions should expand efforts to further strengthen advocacy for the GOK to address resource gaps. - Explore opportunities with training institutions for the delivery of training/capacity building programmes to improve cost efficiency, and to increase effectiveness in delivery of training programmes, for instance building on similar work with the Laikipia University and Kenya School of Government, and extend such efforts to other higher learning institutions. - Address the reporting gaps observed in phase one important systems such as ICT should be prioritized in the next phase to address issues of data quality including disaggregation by gender, timeliness, alignment with project indicators and between the commissions.
6 6 Strengthen M&E systems: It is recommended that data collection and analysis be strengthened in the next project phase. The commissions should consider establishing a joint data management and information system with a joint data bank for effective case handling and management of data. Given the mandate of NGEC (which covers more than 50% of Kenya?s population ? including girls, women, vulnerable and marginalized groups), the NGEC should be considered to host a databank.
7 7. Conduct a baseline survey: During the next project phase there should be close collaboration with the Kenya Bureau of Statistics and other relevant institutions to conduct a major baseline survey to strengthen the government's data on gender-specific, socio-political, and socio-economic indicators.
8 8. In the design of the next phase, it is therefore pertinent that the three commissions are involved right from the start, their mandates considered, as well as the commitments they have made through their strategic plans. For example, the KNCHR already has a new strategic plan (2015-2018), NGEC is in the process of developing its second strategic plan, and the one for CAJ (2013 ? 2016) is on-going. These should be taken into account so that their set priorities are in tandem with the project objectives and goals.
9 ? Place higher priority on gender equality programming: The evaluation determined that while some accomplishments have been made on gender equality programming, it is essential for the project to place higher priority on girls and women, gender equality and the non-discrimination of women and girls within the next project phase. This may be done through the following programme activities: - Improve staffing capacity at the NGEC to ensure that the Commission can execute its mandate and oversight role effectively and efficiently. - Conduct regular internal strategic planning and monitoring exercises, including the attainment of feedback from representative groups of women and girls. - Establish a gender equality monitoring framework (all indicators disaggregated by sex), and a database with clear indicators to improve gender focused programming, monitoring, evaluations and reporting. - Provide human and financial resources for NGEC to expand their focus to include the implementation of CEDAW and CRC, and not only the disability convention.
10 ? Expand geographical outreach to county level: A large majority (85%) of the evaluation interview respondents emphasized the need for a greater presence in the 47 counties to enhance accountability and provision of services at county and community levels. Priority emphasis should be placed upon expanding the project?s geographical outreach to enhance support and engagement with women, vulnerable and marginalized groups at county and community levels. One approach might be to develop cost-effective models for the establishment of county-based cluster commission offices (comprised of three to five counties) to accelerate devolution of KNCHR, CAJ and NGEC?s services to local levels. This would also support expansion of the programme to a national scale.
11 ? Place emphasis on delivery of transitional justice: An area which was identified during the evaluation as not yet being fully realized is the delivery of transitional justice. As such, the identification of more effective measures and mechanisms which will better facilitate achievements in the delivery of transitional justice will be important as the project moves forward in the next phase of programming ? especially ahead of the 2017 elections. As such concerted efforts should be made to ensure that the existing legal frameworks are operational and effective and that victims are also compensated accordingly.
12 ? Enhance outreach to youth: Interview feedback indicated that outreach to youth merits more attention in a new project phase. Working with youth (girls and boys) brings significant opportunities in terms of participation in development programmes and processes in areas such as health, education, employment, political participation, and social development. It is recommended the new project phase increase the participation of youth in the project design and implementation through the use of social and other media channels, as well as outreach to youth through local organizations and groups.
13 ? Expand sensitization/awareness raising activities: A large majority (90%) of the evaluation interview respondents identified a need to expand public sensitization/awareness about their human rights. It is essential to expand in this area to ensure that women, vulnerable and marginalized populations are aware of their rights and know how to access social services and justice. The project should increase availability and access to human rights related information, and the service institutions/offices available to the public. To facilitate dissemination of human rights information, increased public awareness raising is needed on complaint resolution procedures and laws and policies to improve access to justice at the county level should also be formulated. The next phase needs to build on the opportunity presented by Huduma Centers as well as use of media to reach as wider audience as possible, furthermore use of local stations would increase reach to the rural areas that have not been targeted.
14 ? Increase training and capacity building for rights holders: There has not been enough training and capacity building for rights holders; hence there is a discrepancy between knowledge possessed by the duty bearers (mainly GOK cadres who have received such training) and ordinary people. The next project phase should invest heavily in capacity building among rights holders at all levels in order to fulfill the intentions in the 2010 Constitution pertaining to moving Kenya towards a human rights based society.
15 ? Enhancing efforts in Economic, Social and Cultural Rights: The project should greatly enhance its efforts in the areas of Economic, Social and Cultural Rights. Youth group leaders interviewed as part of the evaluation shared that issues such as clean water, improved sanitation and access to health care were of primary concern to their communities. Others interviewed indicated that affordability of social services is another problem among some rights holders at the community level. An effective method of improving interventions would be to seek collaboration with other UN agencies and civil society organizations who offer long-term experience in the implementation of social sector programmes.
1. Recommendation: 1. Establish a joint programme with other UN agencies: To ensure continued project relevance, efficiency and effectiveness, and in line with the UN DAO and UNDAF, UNDP should consider establishing a joint programme with other UN agencies holding mandates on human rights and gender empowerment (such as UN Women, UNICEF, UNFPA, UNAIDS and OHCHR). In this way UNDP (which would continue to be the lead agency) may solicit high-level expertise on human rights, gender, children's rights, women's rights and SRH rights, and leverage additional financial resources for a new programme phase.
Management Response: [Added: 2015/12/16] [Last Updated: 2016/01/14]

This recommendation is acknowledged and considered important. Discussions have already started with the OHCHR on joint programming to support the work of the Commissions if a next phase is to take place

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1.1. UNDP to organize an interagency meeting to discuss support for the Commissions to identify common areas of interest and possibilities for joint programming.
[Added: 2016/01/14] [Last Updated: 2017/06/07]
Democratic Governance 2017/06 Completed The next project will be designed in 2017. History
2. Recommendation: 2. Collaborate with other constitutional commissions: To strengthen the adequate adaptive capacity of the three commissions, the commissions should initiate collaborations with other constitutional commissions in order to effectively and smoothly take over some of the mandates of the Commission on the Implementation of Constitution (CIC) (whose term is coming to an end) with the aim of sustainably promoting human rights and access to justice in Kenya.
Management Response: [Added: 2015/12/16] [Last Updated: 2016/01/14]

The recommendation raises the important question of handover and continuity after the mandate of a key Commission (CIC) comes to an end. UNDP has been supporting the CIC in preparing for its closure and is working closely with Commissions that will take over aspects of CIC?s mandate including the National Council for the Administration of Justice and the Kenya Law Commission. The three Art 59 Commissions should also prepare themselves for any handover from CIC.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
2.1. UNDP to continue to work with and support Commissions and other governmental agencies that will take over aspects of CIC?s mandate.
[Added: 2016/01/14] [Last Updated: 2016/12/16]
Democratic Governance No due date No Longer Applicable The mandate of CIC was handed over to an inter-agency technical committee headed by the AG's Office. History
3. Recommendation: 3. Strengthen partnerships at all levels: Strengthening partnerships at all levels with relevant stakeholders should be emphasized, particularly with respect to the dissemination of the Bill of Rights in the Constitution and the various laws and policies reviewed during the previous project period which the commissions have deemed to be human rights compliant and aligned with the Constitution. Increased public demand for services of the commissions has the potential to further accelerate improvements in the human rights respect, along with the promotion of, and access to justice at the county levels. Strengthened partnerships will allow greater outreach and improved programming across all project objectives.
Management Response: [Added: 2015/12/16] [Last Updated: 2016/01/14]

The recommendation raises an issue which has been emphasized throughout the project calling for more partnership and collaboration between the Commissions, and other key actors. This is essential and has been emphasized at all project board meetings.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
3.1 Commissions to continue to pursue strategies that utilize partnerships and collaboration to the maximum effect to implement their work. The accountability for this is not towards UNDP but towards the citizens of Kenya
[Added: 2016/01/14] [Last Updated: 2016/12/16]
Democratic Governance No due date Completed The commissions continue to work together on key issues through the Chairperson's Forum which brings together all the independent commissions. History
4. Recommendation: 4. Strengthen coordination between the commissions: Joint programming among the three commissions has been determined to add value. Hence, the next project phase should continue to work through these entities. To solidify gains, priority should be given to improving communication, coordination and planning mechanisms between the three commissions. Improvements in this area may come as a result of a joint UNDP/UN programme where planning and coordination would be central, and through regular programmes and operational implementation reviews.
Management Response: [Added: 2015/12/16] [Last Updated: 2016/01/14]

Working together with effective coordination is key for successful implementation of a joint initiative. We are pleased that the evaluation acknowledges that the three Commissions should continue to work together if a follow-through initiative is developed. Coordination between the Commissions and the Commissions and UNDP was continuously strengthened during the implementation of the now closed joint project based on feedback that was received over the three year period. The lessons learned will feed into the design of a possible follow-through initiative to improve planning and coordination.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
4.1 Should a new initiative be developed, UNDP will arrange a working meeting to design stronger management arrangements for the project with specific focus on improved arrangements for communication, planning and coordination.
[Added: 2016/01/14] [Last Updated: 2017/06/07]
Democratic Governance 2017/06 Completed History
5. Recommendation: 5. Address budget-related impediments: A large majority (70%) of the evaluation interview respondents raised concerns regarding the need for additional funding and related budgetary constraints and processes impacting operational, staffing and programming capacity. As such, the next project phase should increase attention to the following budget-related items: - The commissions should expand efforts to further strengthen advocacy for the GOK to address resource gaps. - Explore opportunities with training institutions for the delivery of training/capacity building programmes to improve cost efficiency, and to increase effectiveness in delivery of training programmes, for instance building on similar work with the Laikipia University and Kenya School of Government, and extend such efforts to other higher learning institutions. - Address the reporting gaps observed in phase one important systems such as ICT should be prioritized in the next phase to address issues of data quality including disaggregation by gender, timeliness, alignment with project indicators and between the commissions.
Management Response: [Added: 2015/12/16] [Last Updated: 2016/01/14]

The ultimate responsibility of the funding of the commissions rests with the Government of Kenya which needs to ensure that the Commissions receive adequate budgets to be able to carry out their mandates. Incremental improvements have already been seen throughout the life cycle of the project with increased government budgets.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
5.1 The Commissions to develop avenues for lobbying and advocating for increased resource enveloped from the GoK.
[Added: 2016/01/14] [Last Updated: 2016/12/16]
Democratic Governance No due date Completed The Commissions officially wrote to the National Treasury requesting for increased allocation of funding. History
6. Recommendation: 6 Strengthen M&E systems: It is recommended that data collection and analysis be strengthened in the next project phase. The commissions should consider establishing a joint data management and information system with a joint data bank for effective case handling and management of data. Given the mandate of NGEC (which covers more than 50% of Kenya?s population ? including girls, women, vulnerable and marginalized groups), the NGEC should be considered to host a databank.
Management Response: [Added: 2015/12/16] [Last Updated: 2016/01/14]

UNDP agrees with the recommendation to further strengthen the M&E systems of the Commissions and the M&E framework of any future joint initiative. The NGEC is already working on a data platform (with the Kenya Statistics Bureau) to capture information regarding their key target groups. So far this has been constrained by budget provisions.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
6.1. The Commissions to review their M&E systems and to review the possibility of collaboration regarding data management.
[Added: 2016/01/14] [Last Updated: 2016/12/16]
Democratic Governance No due date Completed The Commissions are constantly working together and this recommendation will be considered during the next phase of support. History
7. Recommendation: 7. Conduct a baseline survey: During the next project phase there should be close collaboration with the Kenya Bureau of Statistics and other relevant institutions to conduct a major baseline survey to strengthen the government's data on gender-specific, socio-political, and socio-economic indicators.
Management Response: [Added: 2015/12/16] [Last Updated: 2016/01/14]

UNDP acknowledges that the current project was weakened by the lack of solid baseline data.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
7.1. If a follow-through initiative is developed and implemented, a solid baseline survey will be budgeted for and carried out (whilst remaining within a feasible cost-benefit ratio). Ideally this will be done in collaboration with other actors to share the cost and also to collect wider governance data to benefit the sector
[Added: 2016/01/14] [Last Updated: 2016/12/16]
Democratic Governance No due date Initiated Through the Amkeni support there is a baseline survey that is being undertaken. Further, in the next phase a possibility of a baseline survey will be considered. History
8. Recommendation: 8. In the design of the next phase, it is therefore pertinent that the three commissions are involved right from the start, their mandates considered, as well as the commitments they have made through their strategic plans. For example, the KNCHR already has a new strategic plan (2015-2018), NGEC is in the process of developing its second strategic plan, and the one for CAJ (2013 ? 2016) is on-going. These should be taken into account so that their set priorities are in tandem with the project objectives and goals.
Management Response: [Added: 2015/12/16] [Last Updated: 2016/01/14]

The current project supported the development of the Strategic Plans of the Commissions which now provide the starting point for identifying the key priorities of the Commissions. These were not yet in place when the current project was developed making it challenging occasionally to align the project objectives with the priorities of the Commissions as they developed over the project period.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
8.1. A follow-through initiative will be aligned with the priorities of the Commissions and other identified stakeholders
[Added: 2016/01/14] [Last Updated: 2016/12/16]
Democratic Governance No due date Initiated The design of the next phase is taking into consideration the views of all stakeholders. History
9. Recommendation: ? Place higher priority on gender equality programming: The evaluation determined that while some accomplishments have been made on gender equality programming, it is essential for the project to place higher priority on girls and women, gender equality and the non-discrimination of women and girls within the next project phase. This may be done through the following programme activities: - Improve staffing capacity at the NGEC to ensure that the Commission can execute its mandate and oversight role effectively and efficiently. - Conduct regular internal strategic planning and monitoring exercises, including the attainment of feedback from representative groups of women and girls. - Establish a gender equality monitoring framework (all indicators disaggregated by sex), and a database with clear indicators to improve gender focused programming, monitoring, evaluations and reporting. - Provide human and financial resources for NGEC to expand their focus to include the implementation of CEDAW and CRC, and not only the disability convention.
Management Response: [Added: 2015/12/16]

Key Actions:

10. Recommendation: ? Expand geographical outreach to county level: A large majority (85%) of the evaluation interview respondents emphasized the need for a greater presence in the 47 counties to enhance accountability and provision of services at county and community levels. Priority emphasis should be placed upon expanding the project?s geographical outreach to enhance support and engagement with women, vulnerable and marginalized groups at county and community levels. One approach might be to develop cost-effective models for the establishment of county-based cluster commission offices (comprised of three to five counties) to accelerate devolution of KNCHR, CAJ and NGEC?s services to local levels. This would also support expansion of the programme to a national scale.
Management Response: [Added: 2015/12/16]

Key Actions:

11. Recommendation: ? Place emphasis on delivery of transitional justice: An area which was identified during the evaluation as not yet being fully realized is the delivery of transitional justice. As such, the identification of more effective measures and mechanisms which will better facilitate achievements in the delivery of transitional justice will be important as the project moves forward in the next phase of programming ? especially ahead of the 2017 elections. As such concerted efforts should be made to ensure that the existing legal frameworks are operational and effective and that victims are also compensated accordingly.
Management Response: [Added: 2015/12/16]

Key Actions:

12. Recommendation: ? Enhance outreach to youth: Interview feedback indicated that outreach to youth merits more attention in a new project phase. Working with youth (girls and boys) brings significant opportunities in terms of participation in development programmes and processes in areas such as health, education, employment, political participation, and social development. It is recommended the new project phase increase the participation of youth in the project design and implementation through the use of social and other media channels, as well as outreach to youth through local organizations and groups.
Management Response: [Added: 2015/12/16]

Key Actions:

13. Recommendation: ? Expand sensitization/awareness raising activities: A large majority (90%) of the evaluation interview respondents identified a need to expand public sensitization/awareness about their human rights. It is essential to expand in this area to ensure that women, vulnerable and marginalized populations are aware of their rights and know how to access social services and justice. The project should increase availability and access to human rights related information, and the service institutions/offices available to the public. To facilitate dissemination of human rights information, increased public awareness raising is needed on complaint resolution procedures and laws and policies to improve access to justice at the county level should also be formulated. The next phase needs to build on the opportunity presented by Huduma Centers as well as use of media to reach as wider audience as possible, furthermore use of local stations would increase reach to the rural areas that have not been targeted.
Management Response: [Added: 2015/12/16]

Key Actions:

14. Recommendation: ? Increase training and capacity building for rights holders: There has not been enough training and capacity building for rights holders; hence there is a discrepancy between knowledge possessed by the duty bearers (mainly GOK cadres who have received such training) and ordinary people. The next project phase should invest heavily in capacity building among rights holders at all levels in order to fulfill the intentions in the 2010 Constitution pertaining to moving Kenya towards a human rights based society.
Management Response: [Added: 2015/12/16]

Key Actions:

15. Recommendation: ? Enhancing efforts in Economic, Social and Cultural Rights: The project should greatly enhance its efforts in the areas of Economic, Social and Cultural Rights. Youth group leaders interviewed as part of the evaluation shared that issues such as clean water, improved sanitation and access to health care were of primary concern to their communities. Others interviewed indicated that affordability of social services is another problem among some rights holders at the community level. An effective method of improving interventions would be to seek collaboration with other UN agencies and civil society organizations who offer long-term experience in the implementation of social sector programmes.
Management Response: [Added: 2015/12/16]

Key Actions:

Latest Evaluations

Contact us

220 East 42nd Street
20th Floor
New York, NY 10017
Tel. +1 646 781 4200
Fax. +1 646 781 4213
erc.support@undp.org