© 2014 FIDA Kenya. All rights reserved. 0 FEDERATION OF WOMEN LAWYERS KENYA Executive Director, FIDA Kenya Presentation at the CARE International Governance

© 2014 FIDA Kenya. All rights reserved. 1

FEDERATION OF WOMEN LAWYERS KENYA

Executive Director, FIDA Kenya

Presentation at the CARE International Governance Learning Event

Christine Ochieng


ABOUT FIDA KENYA

• It’s a membership NGO established in 1985. Currently has 1150 Members. Has three offices in Nairobi, Kisumu and Mombasa


Challenging the status quo – Working Environment

Women in Kenya Continue to suffer chronological historical discrimination. This is caused by retrogressive culture,

patriarchal dynamics, lack of implementation of laws, lack of normative framework on actualization of gender

equality and non compliance with international obligations on human rights.

This position is being replicated in the devolution process


What is Good Governance

• Good governance is about the processes for making and implementing decisions. It’s not about making ‘correct’ decisions, but about the best possible process for making those decisions.

• Good governance share several characteristics including accountability, transparency, rule of law, community responsiveness, equitability and inclusivity, efficiency, effectiveness and participatory.

• Good governance is key in any democratic process, has a positive effect on government as it ensures citizenship participation.

• A country cannot be deemed to embrace good governance if a section of its population is not included in the whole process.


FIDA Kenya’s Approach


FIDA KENYA CORE PROGRAMMES

ACCESS TO JUSTICE

•Legal Aid ( Advise & Representation)

•Self Representation

•Psychosocial Support

•Mediation

•Public Interest Litigation

•Engaging with the informal Justice System

•Pro bono Lawyers Scheme

WOMEN AND GOVERNANCE

•Legislative and Policy dialogue

•Capacity Building Socio Economic and Cultural Rights:(Land, Reproductive Health, Anti – FGM initiatives, SGBV)

•Women Political Participation

•Capacity building of government institutions: Judiciary, Police, Land etc.

•International and Regional Cooperation – Treaty Monitoring, Networks

•Civic Engagement – CBOs, Public Participation


GLOBAL & REGIONAL ENGAGEMENTS

GLOBAL

• UN ECOSOC Status – CEDAW , UN CSW, UPR, CERD, CRC, ICCPR, ICESCR

• Member of CLADEM Network on Women’s Rights

• Member of FIDA International

REGIONAL

• Has Observer Status with the African Commission on Human and Peoples’ Rights

• Has Observer status with the African Union

• Member of African Court Coalition

• Member of Women Inheritance Network

• Member of Solidarity of Africa Women’s Rights (SOAWR)


ENGAGEMENT WITH GOVERNMENT

FIDA Kenya is represented in the following Government led initiatives:

•Technical Working Group on 2/3rd Gender Principle

•Technical Working Group of NGEC on Rules and Regulations

•Judicial Taskforce on Sentencing

•Judicial Taskforce on Alternative Dispute Resolution

•National Council for Administration of Justice

•Technical Working Group reviewing the Adolescent Reproductive Health Policy

•Advisory Consultative Committee on International Human Rights Treaties

•National GBV Sub-cluster

•Police Reform Working Group


Legal Aid

Model legal service providers – Mentored NALEAP, Rwanda and Burundi

Represented over 15,000 women

Self representation by over 8,000 women

Probono Scheme – 400 lawyers

Examples of Strategic Impact Litigation Cases

High Court Case on Appointment of Judges – Supreme Court

Supreme Court Advisory Opinion on 2/3rd Gender Principle;

IEBC Case on party nominations;

Succession Laws in Kenya – Challenge provisions on women to Inherit;

Widow Eviction in Kenya; Criminalizing HIV; Deliberate transmission of HIV

Informal Justice System:

- 10 IJS in the country (Othaya, Tharaka, Meru, Akamba, Luo, Kisii, Busia, Taveta, Embu, Bungoma, Kalenjin): Trained them on Human Rights, alternative dispute

resolution and handling of cases of GBV

- Developed the IJS Strategy Document

- Integration of women in three informal justice system

KEY RESULTS UNDER ACCESS TO JUSTICE PROGRAMME


KEY RESULTS UNDER THE WOMEN AND GOVERNANCE PROGRAMME

• Constitutional review process;

Participation in the Constitutional Review Process leading to key gains of women in the Constitution

2/3rd gender principle implementation

Civic Competence: Capacity building of various publics

• Transition justice process

Agenda 4 on Land, Constitution, Judiciary and Police Reform

Women issues integrated in the TJRC& ICC processes

Lobbied for Special Tribunal Bill.

• Engagement with Parliament on Law Reform

e.g. Marriage Act, Matrimonial Property Act, Protection Against Domestic Violence Act, Land laws, Witness Protection Act, Victim Protection Act e.t.c

County Laws

• Women movement

• Police and Judicial Reforms

• Enhanced political participation of women

• Knowledge Hub: Undertook various researches on Women’s Rights


KEY PARTNERS

Access to Justice

• Judiciary

• Police

• Prisons

• Children's Department

• National Legal Aid and Awareness Programme

• Law Society of Kenya

• Probation

• CSOs offering legal Aid

Women and Governance

• Parliament

• Political Parties

• County Governments

• County Assembly

• Constitutional Offices

• CSOs, CBOS, FBOs and Private Sector

• Government Ministries: Devolution, AG, Internal Security, Defence, Foreign Affairs, EAC


THANK YOU

Documents

© 2014 FIDA Kenya. All rights reserved. 0 FEDERATION OF WOMEN LAWYERS KENYA Executive Director, FIDA Kenya Presentation at the CARE International Governance