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KAP Survey

A Knowledge, Attitude and Practice Baseline Survey on Human and Women Rights in Six Districts in Kenya A Research Report by Association of Media Women in Kenya.

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230 views96 pages

KAP Survey

A Knowledge, Attitude and Practice Baseline Survey on Human and Women Rights in Six Districts in Kenya A Research Report by Association of Media Women in Kenya.

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Visual Wanderer
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© Attribution Non-Commercial (BY-NC)
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A Knowledge, Attitude

& Practice Baseline


Survey on Human &
Women Rights in Six
Districts in Kenya
A Research Report by Association of Media Women in Kenya

Peter Oriare Mbeke Jane Wambui Thuo


Association of Media Women in Kenya (AMWIK)
Hse. No. 6, Wendy Court, David Osieli Rd.,
Off Westlands Ave., Westlands
P.O Box 10327- 00100, GPO
Telelephone + 254 020-4441226 / + 254 0722-201958
Facsimile +254 020-4441227
info@amwik.org
www.amwik.org

In collaboration with United Nations Democracy Fund (UNDEF)

Published and printed by


Copyright © AMWIK 2010

ISBN 9966 – 7163 – 3 - 8

Design and Layout by J. J. Yofi


www.streamlineyourbusiness.info
A Knowledge,
Attitude and
Practice Baseline
Survey on Human
and Women Rights
in Six Districts in
Kenya
A Research Report by Association of Media Women in Kenya

Peter Oriare Mbeke

Jane Wambui Thuo


Contents
Figures viii
Tables ix
Acknowledgements xi
Acronyms xii
Profile of Contributors xiii
Executive Summary xiv

1 INTRODUCTION 1
1.1 Context of Women’s rights in Kenya 1
1.2 Progress in addressing women rights in Kenya 1
1.3 The laws relating to women rights in Kenya 4
1.4 Women’s access to information in Kenya 7
1.5 Objectives of the consultancy 9
1.6 Organization of the report 10

2 METHODOLOGY OF STUDY 11
2.1 The study areas 11
2.2 The study targets 12
2.3 Study design 12
2.4 Data Collection 13

3 FINDINGS OF THE STUDY 14


3.1 Background characteristics of study respondents 14
3.2 Awareness and knowledge of political processes
and rights 18
3.2.1 Awareness of 2008 post election
violence talks 19
3.2.2 Knowledge on type of government we
have today 20
3.2.3 Reforms or changes agreed on by ODM
and PNU 22
3.2.4 Commissions put in place following the
talks between ODM and PNU 23
3.2.5 Understanding on the role of National
Commission on Cohesion and Integration 24
3.2.6 Understanding on the role of Truth
Justice and Reconciliation Commission 24
3.2.7 Understanding on the role of the
Interim Independent Electoral Commission 25
3.2.8 Understanding on role of the National
Commission on Gender and Development 26
3.2.9 Level of participation on political processes 27
3.2.10 Importance rating of participation in
political processes 29
3.2.11 Participation in various political
processes and issues 31
3.2.12 Rating government performance on
facilitation of various levels of participation 32
3.2.13 Factors hindering women’s participation 34
3.3 Social and economic rights 36
3.3.1 Awareness of basic human rights 36
3.3.2 Rating of importance of basic rights 36
3.3.3 Participation in reforms on
basic human rights 38
3.3.4 Level of violation of human rights 39
3.3.5 Government performance on
basic human rights 40
3.3.6 Awareness and knowledge of
women’s rights 40
3.3.7 Awareness of laws that protect
the rights of women in Kenya 41
3.3.8 Awareness of rights of women 42
3.3.9 Understanding of Sexual Offences Act 42
3.3.10 Understanding of the Children’s Act 43
3.3.11 Understanding of women rights
issues in the Land Policy in Kenya 44
3.3.12 Understanding of Marriage Bill 44
3.3.13 Rating government performance on
the rights of the woman 45
3.4 Level of violations of women’s rights 46
3.4.1 Knowledge of violations of women’s rights
by others 46
3.4.2 Level of satisfaction with handling of
reported cases of wife battering 49
3.4.3 Satisfaction with handling of reported
cases of rape 49
3.4.4 Satisfaction with handling of rape cases 50
3.4.5 Role of the community in women’s rights 50
3.5 Media use patterns of respondents 52
3.5.1 Weekly use of mass media to get news 52
3.5.2 Preferred mass media for obtaining
information on human rights 54
3.5.3 Preferred TV channel for obtaining
information 56
3.5.4 Preferred radio stations 58
3.5.5 Preferred newspapers 60
3.5.6 Preferred mobile provider 61
3.5.7 Preferred internet provider 63
3.5.8 Other sources of information on
human rights 66
3.5.9 Preferred method of receiving information
on women’s rights 67
3.6 Suggestions on addressing the challenge
of rights of women 71

4 CONCLUSIONS AND RECOMMENDATIONS 74

5 ANNEX 76
Figures
Figure 1: Women’s access to mass media 8
Figure 2: Awareness of Chief Mediator 18
Figure 3: Awareness of Chief Mediator by gender 18
Figure 4: Awareness by district 19
Figure 5: Awareness of post election violence talks 20
Figure 6: Awareness of mediation talks by gender 20
Figure 7: Knowledge of type of government 21
Figure 8: Knowledge of type of government by gender 21
Figure 9: Awareness of type of government by district 22
Figure 10: Knowledge of reforms 22
Figure 11: Knowledge of reforms by gender 23
Figure 12: Knowledge of commissions 23
Figure 13: Knowledge of commissions by gender 24
Figure 14: Knowledge of National Commission on Cohesion and Integration 24
Figure 15: Knowledge of TJRC 25
Figure 16: Knowledge of TJRC by gender 25
Figure 17: Knowledge of IIEC 26
Figure 18: Knowledge of NCGD 26
Figure 19: Knowledge of NCGD by gender 27
Figure 20: Level of participation in reform processes 28
Figure 21: Rating how important it is to participate in political processes 29
Figure 22: Level of political participation 31
Figure 23: Rating government facilitative role 33
Figure 24: Factors hindering women’s participation 35
Figure 25: Factors hindering women’s participation by gender 35
Figure 26: Awareness of basic human rights 36
Figure 27: Rating importance of basic human rights 37
Figure 28: Participation in human rights meetings 38
Figure 29: levels of violations of human rights 39
Figure 30: Rating performance of government on human rights 40
Figure 31: Awareness of laws on women’s rights 41
Figure 32: Awareness of women’s rights 42
Figure 33: Awareness of Sexual Offences Act 43
Figure 34: Understanding of Children’s Act 43
Figure 35: Understanding of land policy 44
Figure 36: Understanding of marriage bill 44
Figure 37: Knowledge of violations of women’s rights by others 47
Figure 38: Reporting violation to police 48
Figure 39: Levels of satisfaction with handling of wife battering 49
Figure 40: Satisfaction with handling of rape cases 49
Figure 41: Satisfaction with handling of rape cases 50
Figure 42: Role of community in handling women’s rights 50
Figure 43: Role of community in protecting women’s rights by district 51
viii Figure 44: Weekly use of mass media to get news 53
Figure 45: Preferred media for obtaining information on human rights 54
Figure 46: Preferred media for obtaining information on human rights by gender
55
Figure 47: Preferred media by district 55
Figure 48: Preferred TV channels 56
Figure 49: Preferred TV channels by gender 57
Figure 50: Radio preference 58
Figure 51: Radio preference by gender 59
Figure 52: Newspaper preference by gender 60
Figure 53: Preferred mobile provider 61
Figure 54: Preferred mobile provider by gender 62
Figure 55: Preferred mobile provider by district 63
Figure 56: Preferred internet provider 64
Figure 57: Preferred internet provider by gender 64
Figure 58: Preferred internet provider by district 65
Figure 59: Other sources of information on human rights 66
Figure 60: Other sources of information by gender 67
Figure 61: Preferred method of receiving information on women’s rights 68
Figure 62: Preferred method of getting information on women’s rights 69

Tables
Table 1: Sample distribution 13
Table 2: Summary table of social and
demographic information of respondents 15
Table 3: Importance of participation by district 30
Table 4: Level of participation by district 32
Table 5: Rating government facilitative role by district 34
Table 6: Rating government performance on women’s rights 45
Table 7: Rating government performance on women’s rights by gender 46
Table 8: Knowledge of violations of women’s rights by others by district 48
Table 9: TV preference by district 57
Table 10: Radio preference by district 59
Table 11: Newspaper preference 60
Table 12: Newspaper preference by district 61
Table 13: Preferred method of getting information on women’s rights 70
Table 14: Suggestion on addressing women’s rights challenges 71
Table 15: Suggestions by district 73
Table 16: List of sampled key respondents 76
Table 17: List of sample women groups 77

ix
x
Acknowledgements

The production of this publication was made possible though the financial support of the United
Nations Democracy Fund (UNDEF) and technical support of UNIFEM Regional Office in Kenya.
The Association of Media Women in Kenya (AMWIK) conceptualized the research study out of a
need to find out how well women’s rights are understood and respected by communities and the
popular forms of media through which such information is received. The study was carried out
in six districts within five provinces in Kenya namely: Kisumu (Nyanza province), Naivasha (Rift
Valley province), Isiolo (Eastern Province), Wajir (North Eastern province) and Kwale and Malindi
(Coast province).
We are grateful to Dr. Peter Oriare who was the lead researcher for this survey and the community
members from the six districts who readily availed vital information required in this study. Special
thanks go to our district coordinators; Zeinab Roba, Mohamed Barrow Hassan, Peter Kiarie,
Walter Kingi, Michael Ochieng, and Mohamed Mahmud Sheikh who mobilised the community
members to take part in the research in their respective areas.
Gratitude also goes to Jane W Thuo, Executive Director AMWIK who conceptualized the initial
research idea with support from other staff. In addition, we acknowledge the effort of AMWIK
staff, Marceline Nyambala, Programme Manager and Linda Ongwenyi, Programme Assistance for
their logistical support that made the study a success.

xi
Acronyms
AMWIK Association of Media Women in Kenya
CCK Communication Commission of Kenya
CEDAW Convention for the Elimination of All Forms of
Discrimination Against Women
CIPEV Commission Into Post Election Violence or
Waki Commission
FIDA Federation of Women Lawyers
FM Frequency Modulation
FONI Friends of Nomads International
HIV Human Immuno-Deficiency Virus
ICESCR International Covenant on Economic Social and Cultural Rights
IDPs Internally Displaced Persons
IIEC Interim Independent Electoral Commission
Irec Independent Review Commission or
Krigler Commission
KAPLAG Kapuonja Paralegal Aid Group
KNBS Kenya National Bureau of Statistics
KTN Kenya Television Network
MoH Ministry of Health
NCGD National Commission for Gender and Development
NCIC National Cohesion and Intergration Commission or
Ethnic and Race Relations Commission
NGOs Non-Governmental Organizations
NTV Nation Television
ODM Orange Democratic Movement
PEV Post Election Violence
PNU Party of National Unity
RECESSPA Regional Centre for Stability, Security and Peace in Africa
TV Television
UNIFEM United Nations Fund for Women
SIDA Swedish International Development Agency
UNDEF United Nations Democracy Fund
USAID United States Agency for International Development
WAFNET Women Action Forum for Networking
TJRC Truth Justice and Reconciliation Commission

xii
Profile of Contributors

Peter Oriare Mbeke, PhD, is a Lecturer at the School of Journalism and Mass Communication,
University of Nairobi. He is the author of Mass Media in Kenya: Systems and Practice, 2010 by
Jomo Kenyatta Foundation. He has contributed chapters in the Public Relations handbook, 2009;
Media and the Common Good; and Civil Society and Governance in Kenya 2010, among others.
He holds a PhD from the University of Nairobi and is a graduate of the University of Western
Ontario, Canada where he obtained an MA in Journalism. In addition, he has a Postgraduate
diploma in Mass Communication and a BA in Political Science and English Literature from the
University of Nairobi.

Jane Wambui Thuo is the Executive Director of the Association of Media Women in Kenya,
(AMWIK). She is also a part-time Lecturer at the School of Journalism and Mass Communication,
University of Nairobi. She has conceptualized and contributed to several publications and research
areas at AMWIK. She holds an MA in Communications from Daystar University, a B.Ed (Hons)
degree from Moi University and a certificate in Comparative Media Law & Policy from Oxford
University, and is currently a PhD student at the University of Nairobi.

xiii
Executive Summary
The Association of Media Women in Kenya (AMWIK) has been implementing a two year awareness
programme on human and women rights using the concept of community radio listening group in
Isiolo, Wajir, Malindi, Kwale, Naivasha and Kisumu since 2009. As part of the programme, AMWIK
commissioned this baseline survey on knowledge, attitude and practice of human and women’s
rights in the six districts on April to inform the implementation of this project.
The purpose of the survey was to determine the information gaps on women’s rights issues in the
six districts to inform the implementation of the awareness programme on human and women
rights in the project areas.
The key findings of the study are that awareness of human rights is not high with a third of
the respondents not aware of their basic human rights. Awareness of rights of women is very
low with only one out of 5 respondents mentioning the various issues touching on the rights of
women. Awareness of laws on rights of women is equally dismally low with only about 14 percent
and 6 percent of respondents mentioning the Constitution of Kenya and Sexual Offences Act
respectively. However, an overwhelming majority of respondents perceive human rights to be
important.
There is very low participation in both human rights and political processes such as Kriegler
Commission, Waki Commission, TJRC, NCIC among others. Three out of four respondents
have never participated in human rights processes. The main reasons for low participation are
high illiteracy, ignorance of such process, lack of information on such processes and traditional
practices that hinder women from active engagement in public life.
Government performance on human rights (food, health, housing, clean water, land and security
among others) is lackluster except in education where it is rated as average. Government
performance is similarly lackluster on all fronts of delivering on women’s rights. Only a quarter
of the respondents rated government performance as satisfactory in addressing physical assault,
harassment, rape, incest, early marriage and girl child education. Slightly more women than men
rated government performance as poor.
Up to a third of respondents revealed their personal rights have been violated. Similarly, a lot
more than a third of respondents know a woman whose right has been violated by others. More
respondents in Kisumu than other districts know women who have been battered followed by
Wajir and Malindi districts. Unfortunately more than three out of four cases of abuses are not
reported to relevant authorities for action.
The level of satisfaction with handling of cases of reported abuses is low. Close in laws are rated
very highly with satisfaction levels of 98 percent in handling cases of wife battering. There is
overwhelming dissatisfaction with the way government, village elders, clergy and close in laws
handle cases of rape in communities.
Understanding of role of duty bearers is average with respondents indicating that government
plays legal enforcement roles; community should discourage traditional practices that hurt
women and civil society to do civic education and advocacy.
Respondents said the community should engage in community education of members about
xiv women’s rights, protect the rights of women and encourage women to report cases of violations.
Preferred mass media for obtaining information on human rights are radio, television and
newspapers in that order. Weekly use of mobile phones and internet is negligent. More females
than men prefer radio to newspapers. Mass media is the preferred method of obtaining information
on women’s rights followed by interpersonal communication channels such as group meetings
and seminars. Women prefer mobile phones, meetings and mass media in that order.
Other sources of information on human rights are chief ’s barazas, friends, women meetings,
relatives and workmates. More women than men prefer women groups and spouses as sources
of information.
Respondents suggested public education, awareness campaigns and legal instruments as ways of
addressing challenges facing women in society.
In conclusion, understanding of human rights and women rights is still low; and participation in
human rights and political process is also dismal. Therefore, there is need for sustained human
rights education and advocacy to increase knowledge about fundamental rights and privileges
in the districts. There is need for government to invest more resources to facilitate citizen
participation in human rights discourses and political processes such as TJRC, NCCI, IIEC and
constitutional reviews. Linkages should be made with civil society to complement the work of
government.
Understanding of the roles of duty bearers is average but understanding of the roles of
respondents in the political process is low with many indicating they can only play representation
roles if given the opportunity. The implication is that many Kenyans still do not understand
their civic responsibility role of holding the government accountable to deliver reforms and
good governance. There is need to increase knowledge of people in the districts on their civic
responsibilities to enable them understand their roles in the delivery of effective services, human
rights and preservation and protection of women’s rights.
Levels of human rights and women rights violations are very high and not acceptable because
Kenya is a signatory to international protocols that require that they preserve and protect human
and woman rights. There is need for greater awareness within the districts targeting ordinary
people and those in leadership to help preserve and protect human rights and women’s rights.
Enforcement of existing laws should be a priority in the project districts.
There is understanding that the community should play an education and enforcement roles that
promotes women rights. There is need to build the capacity of community based organizations to
empower individuals and groups to preserve and protect the rights of individuals and women.
Mass media such as radio and television, especially local FM radio stations are important sources
of information on human rights and women’s rights. However, women’s meetings, seminars
and public meetings such as chief ’s barazas and faith meetings are also key in disseminating
information on human rights and women’s rights. The project should exploit the potential of
both mass media and traditional channels of communication. The project should use multiple
channels of communication that utilizes mass media for public sensitization and interpersonal
communication channels to nurture attitude and behaviour change.

xv
xvi
1 INTRODUCTION
1.1 Context of Women’s rights in Kenya
Generally, the women of Kenya are still marginalized and discriminated against because of
inadequate laws and negative social and cultural factors despite the fact that they form 52 percent
of the Kenyan population and play significant role in social and economic development in Kenya.
The status of Kenyan women is still relatively low mainly because the Kenyan society is patriarchal
and reluctant to change. The state of low status of women is manifested in widespread gender
inequality and inequity across the country.
The key factor inhibiting the advancement of women and their enjoyment of their rights in Kenya
is the lack of legislative and policy framework to set pace for women empowerment. Weak,
inadequate and oppressive laws continue disempowering the Kenyan woman from achieving full
potential. Lack of awareness of women rights by Kenyans is another key inhibiting factor. The
Kenyan society violates women rights because they are largely ignorant of them. To make matters
worse, majority of Kenyan women suffer all manner of discrimination in silence because they
neither know their rights nor know how and where to get redress.
The key concerns relating to the status of women in Kenya are1:
i) Legislative measures to guarantee basic human rights and freedoms
ii) Discrimination against women
iii) Suppression of exploitation of women
iv) Equality before the law and marriage and family law
v) Equal rights in education, economic and social benefits, and health care
vi) Political participation and public life
Therefore, focus for women empowerment is on legislation of laws and policies that would
improve the lot of women and girls in society. However, other efforts should also target attitude
and behavior change among Kenyans towards women and their rights. Capacity building women
to stand up for their rights and make informed choices about their lives is also crucial.
1.2 Progress in addressing women rights in Kenya
Kenyan women in government, civil society, academic institutions and private sector are active and
have kept the debate on women issues on national development agenda. While some milestones
have been realized, a lot still needs to be done.
At the national level, the Kenyan government is a signatory to a number of international
conventions seeking to protect and empower women such as Convention on the Elimination
of All Discrimination against Women (CEDAW ), International Covenant on Economic, Social and
Cultural Rights (ICESCR), and the International Covenant on Civil and Political Rights. Kenya
ratified the CEDAW in March 1984 but has not ratified the Optional Protocol to CEDAW2. Worse
still, the government has failed to domesticate CEDAW into Kenyan laws.
The Constitution of Kenya is the greatest hindrance to the fight against rampant discrimination
1 See FIDA’s A Shadow to the 5th and 6th Combined Report of Government of the Republic of Kenya on the CEDAW,
2007.
2 See FIDA’s A Shadow Cabinet Combined Report of the Government of Republic of Kenya on CEDAW, 2007
1
against women because it provides for protection of rights and at the same time undermines
similar provisions in different section of the constitutions. Unfortunately attempts to address
constitutional limitations to the fight against discrimination against women have been slow
and perhaps futile. Of course, article 82 sub sections 1 and 2 of the Constitution of Kenya puts
limitations on prohibitions against discrimination. However, article 84 sub section 4 b and c of
the Constitution discriminates against women on issues of personal law. With the help of gender
activists, the New Proposed Constitution 2005 addressed fully these limitations. Unfortunately,
Kenyans rejected the proposed constitution during the 2005 referendum.
Judicial activism against gender discrimination has been noted over the years. Gender sensitive
judges have made some judicial decisions that are in conformity with the principles of CEDAW.
For example in December 2000 a court stopped a father from compelling his 15 and 17 years
old daughters to undergo female genital mutilation in Keiyo, Rift Valley province3. Unfortunately,
these judicial precedents are hindered by lack of harmonized judicial policy on discrimination
against women.
Over the years, the government has taken various measures to address discrimination against
women. It appointed the Taskforce on Laws Affecting Women that successfully completed its
work in 1999. However, its recommendations have not been fully implemented. Thereafter, the
government adopted as a Sessional Paper the National Policy on Gender and Development.
Unfortunately, public awareness of it is low due to poor dissemination and implementation is
poor.
After many years of false starts, the Parliament passed the bill for the formation of the National
Commission on Gender and Development in 2003. However, the Commission has not done much
because of bureaucratic red tape and under funding by government. The Commission suffers
from low profile because it is not among the constitutional commissions. Women should fight for
its listing as a constitutional commission during the comprehensive review of the constitution of
Kenya.
Women civil society have been active in lobbying for and drafting gender sensitive bills including
the Affirmative Action Bill, Equality Bill, the National Hospital Insurance Bill, Sexual Offences Bill
and Family Protection Bill. Parliament has only passed the Sexual Offenses and Affirmative Action
bills but subjected the latter to constitutional making process. The Proposed New Constitution
2005 did not sufficiently entrench critical women issues in the constitution and put various
limitations on some issues. However, the proposed new constitution failed during the 2005
referendum. Therefore, legislation guaranteeing the basic rights and fundamental freedoms of
women has not been fully addressed to date. Women should fight for its inclusion the proposed
comprehensive constitutional review. The New Proposed Constitution had also fully dealt with
issues of nationality. The current constitution discriminates against women on the basis of
nationality. However, current gender bills such as the matrimonial property bill, family protection
and the marriage bills seek to address some of the weaknesses inherent in the constitution and
other laws relating to women in Kenya (see analysis of the same below).
Despite the enactment of the Sexual Offences Act in 2006, violence against women persists in
Kenya. Desegregated data on all forms of violence against women in both public and private
2 3
See http://www.afrol.com/Categories/Women/wom021_fgm_kenya2.htm
life is still inadequate4. However, aggressive awareness campaigns and actions towards legislative
reforms by women organizations have led to increasing visibility to violence against women and
girls.
The government has also implemented the free primary and secondary education policy. This
is indicative of government’s good intentions to ensure equality for the girl child. The Ministry
of Education has put in place a gender-disaggregated data bases on women and girl’s education.
Studies also indicate that curriculum and textbooks are increasing becoming more gender sensitive.
However, quantitative increase of women and girl child in education does not automatically lead
to gender equality or reduction in gender discrimination5. Numerous barriers still inhibit girls’
access to education in Kenya.
In 2008 the government approved the HIV/AIDS law to prevent willful transmission of the virus6.
However, the law has not been implemented due to stiff opposition that argues that it criminalizes
HIV, discourage voluntary testing and negatively affect women, who make the majority of HIV
infected population. Therefore, although the law protects women’s rights to health, its impact
may do the opposite. The Kenyan government in April 2009 launched a national strategic plan
that aims to provide affordable and accessible services to all HIV/AIDS patients. This service will
benefit women more.
The government in 2008 put in place the National Legal Aid program under the Ministry of
Justice, National Cohesion and Constitutional Affairs. The implementation is slow but it has good
intentions to address issues related to equality before the law. The good news is that the family
courts and the children courts are in place. The Kenya National Commission of Human Rights
developed and mainstreamed the organizational gender policy.
The status of women in Kenya is also closely tied to land and women’s access to it. Women own
only 5 percent of title deeds7 in Kenya despite being more than 50 percent of the population. The
key land issues concerning Kenyan women comprise land ownership especially by married women
and widows, land tenure reform, discrimination on the basis of sex, inheritance entitlements,
succession and matrimonial property, distribution and re-settlement schemes, trust land and land
markets.
Although government interventions through various land commissions such as Njonjo Commission
and Ndungu Land Commission have not resolved the problems of land including gender-based
land concerns, the Draft National Land Policy offers array of hope for women. The Minister of
Lands is championing the enactment of the Draft National Land Policy, against the wishes of the
Kenya Landowners Federation, before debate on the proposed new Constitution of Kenya8. If
enacted the into law it will give women similar rights as men over land ownership9, tax idle land,
4
See Jacinta Muteshi’s Promoting Gender Equality and the Advancement of Kenyan Woman, Heinrich Boll
Foundation.
5
See Jacinta Muteshi’s Promoting Gender Equality and the Advancement of Kenyan Woman, Heinrich Boll
Foundation.
6
See Kenya's HIV Transmission Law Divides Government, Advocates, IRIN/PlusNews Reports at http://www.
medicalnewstoday.com/articles/133339.php
7
Kenya Land Alliance: Gender Aspects of Land Reform-Constitutional Principles. See at http://www.oxfam.org.uk/
resources/learning/landrights/downloads/kla4a.pdf
8
See Alex Ndegwa’s Storm is Brewing over Land Ownership in The Standard, May 26th 2008 at http://www.
eastandard.net/news/?id=1143987292
9
See Tony Kago’s Kenya: New Rights for Women in KSh 9.3b Land Plan at: http://myafrica.wordpress. 3
com/2006/10/15/kenya-new-rights-for-women-in-sh96bn-land-plan/
revoke illegal land allocations and commissioner of land will loss power to allocate land at will.
However, the policy would only be recognizing what the Constitution of Kenya stipulates that
all Kenyans have a right to own property10. The draft land policy is based on the principle of
equitable access to land; secure land ownership, sustainable land use, effective regulation of land
development, access to land information among others. The thorny issues concern taxation of
idle land, cancellation of illegally allocated land, land redistribution due to historical injustices,
restitution and female ownership of paternal land. These issues were fairly addressed in the New
Proposed Constitution which was rejected during the 2005 referendum.
Women have made great strides in media in Kenya. More and more women are selecting careers in
communication and media. A number of media women have reached the decision making levels
of management where they continue to bring focus on gender and development. Women NGOs
such as Association of Media Women in Kenya and African Woman and Child Feature Services,
FIDA Kenya Chapter among others have been instrumental in increasing access for women to
media in Kenya.
Kenya enacted the Political Parties Act 2007 to enhance governance and accountability within
political parties as well as to finance their activities. The act promotes women’s political
participation in decision making structures of political parties. However, many political parties
ignored the provisions of the act during the 2007 general elections and thereafter to nominate
more women MPs and elect women in party leadership positions.
1.3 The laws relating to women rights in Kenya
The following laws11 govern rights of women and girls in Kenya:
a) The Constitution
b) The African Christian Marriage and Divorce Act
c) The Children's Act
d) The Hindu Marriage and Divorce Act
e) The Kadhis’ Courts Act
f) The Law of Succession Act
g) The Maintenance Orders Enforcement Act
h) The Marriage Act
i) The Married Womens Property Act
j) The Matrimonial Causes Act
k) The Mohammed Marriage and Divorce Registration Act
l) The Mohammedan Marriage, Divorce and Succession Act
m) The Sexual Offences Act
n) The Subordinate Courts (Separation and maintenance)

10
See Ruth Adhiambo’s Implications of Draft National Land Policy on Women Land and Property Rights: UNIFEM
High Level Seminars 2007.
4 11
See Kenya Law Reports at http://www.kenyalaw.org/family/statutes.php
The Constitution of Kenya
Chapter 4 of the Constitution of Kenya addresses the protection of fundamental rights and
freedoms of individuals irrespective of gender. This section of the Constitution also protects
the rights to life of all Kenyans, protection of right to personal liberty, protection from slavery
and forced labor, protection from inhuman treatment, protection from deprivation of property,
protection from arbitrary search and entry, protection of freedom of conscience, protection of
freedom of expression, protection of freedom of assembly and association, protection of freedom
of movement, and protection from discrimination on grounds of race, ethnicity, and color among
others.
Unfortunately, there are constitutional limitations to the enjoyment of these rights by women.
Article 82 sub sections 1 and 2 of the Constitution of Kenya puts limitations on prohibitions
against discrimination. However, article 84 sub section 4 b and c of the Constitution discriminates
against women on issues of personal law.
The African Christian Marriage and Divorce Act
Chapter 151 of the Laws of Kenya protects the rights of African Christian widows from inheritance
by brother in-laws or any other person. It entitles the widow and her children to support from
the family like other members of the said family. The law gives such widows guardianship of the
children until they attain age 16 years. However, it restricts her from receiving dowry as it states
that dowry will be paid according to customary law that places more influence on the brother
in-laws.
The Hindu Marriage and Divorce Act
It provides for Hindu marriages, guardianship in marriage, ceremonies in marriage, registration
of marriages and offences and grounds for divorce. It protects women against sodomy, bestiality
and rape by husbands.
The Kadhi’s Courts Act
Chapter 11 of the Laws of Kenya establishes the Kadhi Courts and their geographical jurisdication
within Kenya. It also provides for a Chief Kadhi and 8 Kadhis who are all men. In this regard,
it discriminates against women. However, it stipulates that all cases will be judged without
discrimination based on gender.
The Kadhi courts have jurisdiction over question regarding Muslim law relating to personal status,
marriage, divorce and inheritance
The Law of Succession Act of 1981
Chapter 160 of the Laws of Kenya address issues of wills, testamentary or intestate succession,
provision for dependants, administration of estates and jurisdictions.
It provides for rights of the woman to make a will. It protects the rights of former wives to inherit
husbands’ property. However, section 32 and 33 gives powers o customary law to take effect
in addressing inheritance of land of intestate nature. This discriminates against women as the
customs of communities in these areas are patriarchic.
5
The Maintenance Orders Enforcement Act of 1984
Chapter 154 of the Laws of Kenya provide for the enforcement of orders for the maintenance of
wives and dependants as well as recovery of costs of relief and maintenance.
The Marriage Act
Chapter 150 of the Laws of Kenya of 1902 provide for notice of marriage, role of registrars, issuance
of certificates, marriage facilities, consent to marriage of minors, celebration of marriage, foreign
marriages and offences.
The Married Women’s Property Act of 1882
It provided for amendment and consolidation of acts relating to property of married women.
It gave married women rights to acquire and own property as individuals. It gave them powers
to dispose of their own properties. However, property entrusted by the married women to the
husband is treated as part of the husbands’ estate. Husbands were responsible for debts of wives
acquired before marriage.
The Matrimonial Causes Act
Chapter 152 of the Laws of Kenya of 1941 addresses divorce and nullity of marriage, judicial
separation, and restitution of conjugal rights. The main causes of divorce and nullity are adultery,
cruelty, desertion and being of unsound mind. It restricts freedom of spouses to divorce until
elapse of three years since celebration of the marriage. The woman has rights to acquire and own
property as an individual upon judicial separation. The man pays alimony upon pronouncement
of judicial separation to the woman.
The Subordinate Courts (Separation and Maintenance)
Chapter 153 of the Laws of Kenya confer jurisdiction on certain magistrates in reference to married
women. It empowers women to apply for an order against husbands for desertion, cruelty, having
sex while having a venereal disease, compelling wife to prostitution, and that the husband has
been found guilty under sections 234, 256, 237, 239 and 251 under the Penal Code.
The Mohammedan Marriage and Divorce Registration Act
Chapter 155 of Laws of Kenya of 1902 provides for the registration of Mohammedan marriage and
divorce.
The Mohammedan Marriage, Divorce and Succession Act
Chapter 156 of the Laws of Kenya of 1920 provides for amendment of laws relating to divorce and
matrimonial causes in relation to Mohammedan marriages in intestate successions. All Muslim
women are subject to Mohammedan law.
The Sexual Offences Act of 2006
The Act provides for the definition, prevention and protection of all persons from harm from
unlawful sexual acts. It addresses issues of rape, sexual assault, induced indecent acts, defilement,
gang rape, promotion of sexual offences with children, child trafficking, child prostitution, child
sex tourism, child pornography, exploitation of prostitutions, incest, sexual harassment, and
6
cultural and religious sexual offences among others. The act is progressive and advances human
and woman rights.
The Children’s Act 2001
The Children’s Act of 2001 protects the rights of all children and has been used to protect the
rights of vulnerably children including the girl child in Kenya. It provides for the right to parental
care, right to education, right to religious education, and right to health care. It protects children
against forced labor and armed conflict, protection from all abuse, protection from harmful
cultural rites, protection from sexual exploitation, protection from drugs, protection from torture
and deprivation of liberty. It establishes the children’s courts and provides for judicial orders
for the protection of children. It defines parental responsibility for the protection of vulnerable
children. It provides for the maintenance order for children neglected by parents and guardians.
It provides for stiff penalties for abuse of children. The act is similarly progressive as it protects
the rights and privileges of children.
1.4 Women’s access to information in Kenya
Information and its availability are basic human rights. Access to information is important for
increasing women’s awareness and understanding of important things concerning their lives.
Unfortunately, Kenya’s women are less likely than men to have access to relevant and useful
information that empowers. This is because of persistent structural, political and cultural
barriers (Muteshi, 2006) that hinder women from participation in political, social and economic
engagements. A total of 4.2 million adult Kenyans are illiterate and 75 percent of them are
women (Kenya Economic Survey, 2007. About 20 percent of illiterate Kenyans are in urban while
40 percent are in rural areas, the majority of whom are women. These factors reduce women’s
access to information.
Women’s access to mass media, which are the main channels of communication through which
information is relayed in today’s world, is dismally low (KNBS, 2003, MoH, 2003 and ORC Macro,
2004). Figure 1 shows that fewer women expose themselves to mass media and that only very
few of them use radio, TV and newspapers. The implication is that a lot of women still access
information through traditional channels of communication like women group, clan and religious
meetings.

7
Figure 1: Women’s access to mass media

13%
27%
Uses all three media weekly
29%
40%
Watches tv weekly

Women 75%
90%
Men Listens to radio weekly

23%
44%
Reads newspaper weekly

0 20 40 60 80 100
Source: Kenya Demographic and Health Survey, 2003.
Other factors that inhibit women’s access to mass media include low women investment in
media, low number of women involved in careers in communications and low number of women
positions of decision making in mass media (Muteshi, 2006, AMWIK, 2007). The implication is
that there is low prioritization of women issues in the mass media leading to low utility of some
media by women.
However, there is improvement in increasing availability of useful information on education,
health, employment, agriculture and nutrition for women and girls in Kenya society since 1998.
A factor responsible for this development includes liberalization of the airwaves that led to rapid
proliferation of electronic broadcasting and telecommunication services to across the country.
Kenya has over 70 FM radio stations broadcasting to rural communities while almost all major
TV channels reach all major urban centers in the country. The mobile telephony has also grown
exponentially with over 14 million Kenyans having mobile phones (CCK, 2008). This development
increased women’s access to relevant and useful information.
The impact of increased availability of useful information is visible in the education sector.
Improved access to information in education opportunities led to increased enrolment of children
in primary schools with a ratio of 102 girls to 100 boys; 89 girls and 100 boys in secondary and
30 percent to 100 percent men at university level. The figures were much lower previously. This
improvement in school enrolment for girls has been achieved due to increase to information
concerning government commitment to girls’ education and other interventions aimed at
improving girls’ education (Government of Kenya, 2005, 2007).
The share of women in wage employment increased by 3 percent between 2005 and 2006, but

8
remained at 30 percent in 2007 (Economic Reviews 2007). Access to economic information
continues to empower women by expanding their business and financial opportunities. It also
enables them to get access to employment opportunities. Safaricom’s e-money transfer services,
M-pesa, has over 5 million customers most of who are women12. M-pesa has increased women’s
potential to engage in financial and economic transactions.
Information on free, safe and effective family planning methods enables women to make informed
choices on how many and when to have children. It has led to reduced infant mortality as well
as death of women during pregnancy. Experiences by Population Council in Kenya show that the
use mass media and target messages have the potential of empowering women to make informed
choices (Population Council, 2001).
Exposure by mass media of women rights abuses including child rape has increased awareness
about cases of women discrimination and led to demand for greater accountability in Kenya.
Generally, there is a slight improvement in the quality of life of women13 and girls owing to
improved access to relevant, accurate and timely information on reproductive health, business,
nutrition, and education among others but a lot more sensitisation is required.
1.5 Objectives of the consultancy
The Association of Media Women in Kenya engaged the Consultant to undertake a baseline survey
on the knowledge, attitude and practice of human and gender rights in six districts namely Isiolo,
Wajir, Malindi, Kwale, Naivasha and Kisumu. The consultant started work on the KAP baseline
survey on April 13th 2009.
The purpose of the survey was to determine the information gaps on women’s rights issues in six
communities in Kisumu, Naivasha, Isiolo South, Wajir, Malindi, and Kwale.
The specific objectives of the survey were:
a) Assess the knowledge levels on the various basic human rights components - political,
social, economic, etc.
b) Assess how the communities have participated or not participated in the ongoing human
rights processes;
c) Gauge whether they understand the role of duty bearers
d) Assess whether they understand their role in processes like the TJRC, Krigelers, and Waki
commissions.
e) Gauge their knowledge of women rights, e.g. Sexual Offences Act 2007, Children’s Act, etc;
issues around land, property ownership and inheritance;
f) Assess the levels of violations of women’s rights;
g) Establish what should be the role of community to safeguard women’s rights against
violations
h) Identify the most popular media, communities use to get information on human rights

12
See http://mobileactive.org/concerns-cash-aid-mobile-kenya-evaluation
13
See Wambui Wagacha. Access to information as a driver towards closing the gender gap: Emerging scene in
Kenya. A paper presented during the World Library and Information Congress in 17-23 August 2007, Durban,
South Africa, http://www. Ifla.org/IV/ifra73/index.htm.
9
The scope of the study included human and women’s rights within the six districts in Kenya.
The rights include the fundamental rights and freedoms, economic and social rights of
individuals. These include the right to participate freely in the conduct of public affairs without
discrimination, freely assemble with others, freely associate with others, receive information and
to express oneself, education, clean environment, health, food, adequate housing/shelter, work/
employment, Clean water, own land, security Right to own property, inherit property of husband,
and separate and divorce
1.6 Organization of the report
Chapter 1 is the introduction to the study while chapter 2 discusses the methodological framework
for the study. Chapter 3 provides the details of the findings of the study while chapter 4 is the
conclusion and recommendation section of the study.

10
2 METHODOLOGY OF STUDY
2.1 The study areas
The survey took place in six Kenyan districts namely Kisumu, Naivasha, Isiolo, Wajir, Kwale and
Malindi.
Kisumu District is one of the administrative districts Nyanza Province in western Kenya. It occupies
about 417 km² with a projected population of 392, 616 with an annual population growth rate of
2.8 percent. The area is habited mainly by peoples of the Luo community with a female to male
ratio of 1:1. Literacy is high but education facilities are in a state of disrepair. The poverty rate is
53-63 percent with HIV prevalence rate of 15-18 percent14. The main socio-economic activities are
subsistence agriculture and fishery on Lake Victoria. Kisumu City is its administrative headquarter
and main commercial centre.
Wajir district is one of the semi arid areas of northern Kenya with unreliable rainfall patterns. It is
the third largest district in Kenya (56,698Km2) but is sparsely populated. The population, about
319,261, is predominantly Somali with three main clans namely Ajuran, Degodia and Ogaden.
The Somalis are pastoralists and the main economy is based on nomadic pastoralism. Literacy
levels are low with few equipped educational institutions15. The health system is in a poor state
characterized by few qualified personnel, outdated medical facilities and fewer supplies.
Naivasha District is a new district hived off old Nakuru District in the Rift Valley. It has a projected
population of 158, 679 people with a population growth rate of 3.5 percent. The area is mainly
habited by Masai (pastoralists) and Kikuyu (agricultural) communities. It is the home of world
renowned Lake Naivasha around which a lot of socio-economic activities take place. The main
commercial activities include horticulture, floriculture, fishing on Lake Naivasha, geo-thermal
power generation at Gilgil and tourism around Lake Naivasha. It horticulture and floriculture
activities employ of 30,000 people with incomes over US63 million annually16.
Naivasha District was negatively affected with the 2007/2008 post election violence, which
disrupted economic activities. It hosted over internally displaced persons from the Rift Valley.
Isiolo is one of the semi arid areas of North Eastern Province in Kenya. It is mainly habited by the
Samburu (pastoralists) and Kikuyu (agricultural) communities. Literacy is low and health facilities
poor. The area is prone to insecurity due cattle rustling. It is a site for military training which has
experienced land mine problems and military related human rights abuses.
Kwale is a coastal district along the Indian Ocean in Kenya. Rainfall is low and erratic. Agriculture
provides over 80 percent of household subsistence (livestock and crop farming). However,
productivity is low due to poor soils, little rainfall and small farm holdings. Only 2 percent of the
land in the Coastal belt is agriculturally productive with 70 percent being low potential17.

14
See Moumie Moulidi’s MCI Social Sector Working Paper Series “Education Needs Assessment for Kisumu City,
Kenya” at http://www.earth.columbia.edu/mci/sitefiles/file/Kisumu-Education-Report-final.pdf
15
See ITGD’s Conflict in Northern Kenya at http://practicalaction.org/docs/region_east_africa/conflict_in_northern_
kenya.pdf
16
See Amani Alfarra’s thesis “Modelling Water Resource Management in Lake Naivasha 2004” at http://www.
weap21.org/downloads/naivasha.pdf
17
See Aga Khan Foundation at http://www.givewell.net/files/Cause1-2/+Aga%20Khan%20Foundation/52-
1231983%20(Cause%202)%20Application.doc
11
Malindi District lies between latitude 2 degrees 20’ and 4 degrees south and longitude 39 degrees
and 4 degrees 14’ east. It borders the Indian Ocean to the east and north east. It has about 7,
605 Km2 and a projected population of over 374, 194 by 2008 with a population growth rate of
3.9 percent18. The literacy level is 68 percent but majority of women remain uneducated due to
traditional practices (early marriage of girls) that favor men. Health status is poor and characterized
by high morbidity due to poor sanitation and access to clean drinking water. Poverty is high at
63 percent due to poor returns from agriculture and collapse of economic activities like Cashew
nuts, cotton, pineapples and coconuts in the area. Unemployment is over 41 percent.
2.2 The study targets
The study targeted women including those young girls aged 13 years and above and men from
18 years and above in the districts of Kisumu, Naivasha, Kwale, Malindi, Isiolo and Wajir West. The
study set the lowest age limit at 13 years for women because of the practice of early marriage for
girls in some of the target communities like Isiolo, Wajir West, Kwale and Malindi. The lowest age
limit for men was set at 18 as it marks the start of legal adulthood in Kenya.
2.3 Study design
The study used a cross- sectional design that involved literature review, quantitative research and
qualitative research.
Desk review
The desk review involved the review of relevant scholarly literature and government documents
like the district strategic plans for the selected districts. A list of reviewed literature is found in
annex section of the report. The findings of the literature review informed this report.
Qualitative Research
The sampling design involved purposeful selection of respondents for key informant interviews
and focus group discussions. Trained supervisors interviewed 18 key respondents in all districts
and also moderated 6 focus group discussions with various women groups. The list of sampled
women groups and key respondents are in annex section of this report.
Quantitative research
The sampling design involved taking a representative sample of selected districts from which sub-
locations and households were selected. Both urban and rural areas were sampled to capture the
diverse socio-economic status of the respondents. The study utilized face to face interviews using
systematic sampling with stratified cluster sampling to ensure that the results are representative.
Sample distribution
The sample was distributed based on population proportionate to size. The study used the 1999
projected district population.

18
See Malindi District Strategic Plan 2005-2010 at http://www.ncapd-ke.org/UserFiles/File/District%20Strategic%20
12 Plans/Malindi%20FINAL%20Modified.pdf
Table 1: Sample distribution

Total % distribution Actual sample


Kwale district 599,551 24 192
Malindi 370,015 15 120
Isiolo 131,740 5 40
Wajir South 591,736 23 184
Kisumu 574,280 23 184
Naivasha 280,403 11 88
 TOTALS 2,547,725 100 802

Note: The projections are based on population figures of 1999 census and not on new
district boundaries.

2.4 Data Collection


Trained researchers collected the data using face to face interviews with randomly selected
respondents from household in the six districts. Trained supervisors monitored data collection
process and checked the questionnaires for inconsistencies and incompleteness.
Study instruments
The study used structured and unstructured questionnaire to capture opinions of the respondents
in the six districts. FGD guide and key informant guide complimented the questionnaire and were
used to collect data from women groups and key respondents.
Data analysis and reporting
Quantitative data and qualitative data were triangulated to build up a fully rounded analysis.
Statistical Packages for Social Science (SPSS) was used to generate quantitative data while
qualitative data was thematically analyzed.

13
3 FINDINGS OF THE STUDY
3.1 Background characteristics of study respondents
The study is based on data drawn from 6 districts namely Kisumu, Kwale, Wajir, Isiolo, Malindi and
Naivasha, which is a representative survey of 782 respondents selected from 60 clusters and 782
households throughout the districts.
Gender
Table 2 gives a summary of the background characteristics of the study respondents comprising
of 46.4 percent males and 53.6 percent females. There is a fair distribution of respondents by
gender in the five districts with very insignificant variations except in Malindi where there was
over sampling of females 62.4 percent to males 37.6 percent. This is mainly because females
were readily available for the interviews in the households than men. Therefore, the average
distribution of the sampled population by gender does not significantly vary from that of the 1999
Population and Housing Census that put females at 51 percent and males at 49 percent.
Age
According to Table 2 the majority of respondents are within the productive age group ranging
between 20 years and 44 years of age accounting for 75.8 percent of the sample. Kwale is relatively
unique because the majority of respondents (21.8%) are over 55 year of age. Unlike the rest of the
districts, Naivasha and Isiolo does not have young women aged between 10 and 14 with children
or married while Malindi and Naivasha also do not have older people aged 55 year and above
recorded by the study.
Marital status
Additionally, 60.2 percent of the respondents are married, 18.5 percent never been married, 8.8
percent widowed and 7.6 percent separated and 5 percent divorced. Malindi, Isiolo and Kwale
have the highest number of women who are either separated or divorced while Kisumu and
Malindi have the significant number of widows.
Further, analysis indicates that 34.8 percent of the respondents between 3 - 6 numbers of children
alive while 11.6 percent had over 7 children alive. Additionally, 31.6 percent of the respondents
had an average household family size above 6.
Level of education
The analysis reveals that the majority of respondents have low levels of education with 38 percent
having no education and 39.5 percent only primary education. Wajir has the largest number of
respondents with no education at 71.6 percent followed by Kwale 48.2 percent. Kisumu has the
least number of respondents with no education at 14.8 percent.
Location of residence
Results further indicate that majority of respondents 66.3 percent reside in rural areas compared
to 33.7 percent resident in urban areas. This compares well with the national average of 65 percent
rural to 35 percent urban (1999 Population and Housing Census). Malindi has 91.1percent resident
14 in rural areas compared to Isiolo with only 41 percent living in rural areas.
Level of income
Additionally, majority of respondents are poor with 68.5 percent having monthly income of less
than Kshs.5, 000 compared to 21.8 percent with an income between 5,001 to Kshs.10, 000. There
is a wide disparity in monthly incomes across the districts with Kwale, Kisumu and Malindi have
over 82 percent of the respondents having monthly incomes less than Kshs.5, 000 while those
with monthly incomes below less than
Kshs.5, 000 in Wajir, Naivasha and Isiolo range from 42 percent to 52 percent only.
Employment status
Unemployment is a critical concern as 39 percent of respondents do not have jobs. However,
unemployment trends vary according to districts with Wajir having the highest unemployment
figure of 78.9 percent followed by Isiolo with 43.5 percent. About 22.8 percent are skilled or
casual labourers, 26.9 percent are small scale farmers, 8.5 percent of the respondents are small
scale farmers and only 1.9 percent is large scale farmers.
Type of roofing materials
Finally, 55.9 percent respondents had corrugated type of roofing material compared to 41.1percent
with thatched and only 2.9 percent with tiles as a type of roofing material. Wajir district has the
highest number of respondents 81 percent residing in houses with thatched houses type of
roofing material. Tiles are used as indicators for high wealth status while thatched roof is an
indicator for low wealth status.

Table 2: Summary table of social and demographic information of respondents


Kwale Kisumu Malindi Wajir Naivasha Isiolo Total
Gender
Male
48.3 47.5 37.6 50.0 46.5 43.7 46.4

Female 51.7 52.5 62.4 50.0 53.5 56.3 53.6


Age
10-14
2.1 1.9 4.7 .5 .0 .0 1.6

15-19 7.0 7.5 4.7 4.1 6.1 9.7 6.2

20-24 8.5 14.4 7.5 20.4 13.3 30.6 15.2

25-29 15.5 16.3 17.0 9.2 20.4 15.3 14.9

30-34 16.9 17.5 27.4 25.0 24.5 25.0 22.2

35-39 7.0 7.5 19.8 13.8 12.2 5.6 11.1

40-44 9.9 13.1 12.3 17.3 11.2 5.6 12.5

45-49 4.9 3.8 2.8 6.1 5.1 .0 4.3


15
Kwale Kisumu Malindi Wajir Naivasha Isiolo Total
50-54 6.3 5.6 3.8 1.5 7.1 5.6 4.7

Above 55 years 21.8 12.5 .0 2.0 .0 2.8 7.4


Marital status
Not married
17.4 19.6 22.4 22.6 9.1 14.1 18.5

Married but separated 11.6 4.3 12.2 3.6 8.1 11.3 7.6

Divorced 5.1 1.2 12.2 4.6 1.0 9.9 5.0

Widowed 8.7 14.7 10.2 6.2 5.1 5.6 8.8

Currently married 57.2 60.1 42.9 63.1 76.8 59.2 60.2


No. of children alive
None
10.7 19.2 20.7 25.3 11.5 17.2 18.1

Below 3 31.3 33.8 45.1 20.7 58.3 42.2 35.5

3–6 44.3 33.8 24.4 40.8 26.0 28.1 34.8

Above 7 13.7 13.2 9.8 13.2 4.2 12.5 11.6


HH No.
One
6.2 9.0 3.8 9.4 10.1 4.9 8.0

Two 11.5 12.7 24.5 9.4 11.1 4.9 11.6

Three 8.8 21.6 22.6 12.8 21.2 19.7 16.7

Four 14.2 14.2 26.4 17.2 19.2 24.6 17.8

Five 23.9 10.4 7.5 12.8 20.2 6.6 14.4

Six and above 35.4 32.1 15.1 38.3 18.2 39.3 31.6
Level of education
None
48.2 14.8 30.3 71.6 17.2 26.4 38.7

Primary 31.9 51.9 58.7 14.2 50.5 51.4 39.5

Tertiary 17.7 25.9 11.0 11.2 31.3 19.4 18.7

Tertiary 1.4 7.4 .0 2.0 .0 1.4 2.4

Undergraduate .7 .0 .0 .0 1.0 1.4 .4

Postgraduate .0 .0 .0 1.0 .0 .0 .3
16
Kwale Kisumu Malindi Wajir Naivasha Isiolo Total
Residence
Urban
47.1 52.8 7.1 8.9 36.1 59.0 33.7

Rural 52.9 47.2 92.9 91.1 63.9 41.0 66.3


Income
Below 5,000
88.0 82.6 89.1 43.4 52.1 51.6 68.5

5,001 - 10,000 8.3 11.6 10.9 28.3 45.7 37.5 21.8

10,001 - 20,000 3.0 3.6 .0 22.0 .0 6.3 7.0

20,001 - 30,000 .0 .7 .0 4.4 .0 3.1 1.5

30,001 - 40,000 .0 .7 .0 1.3 .0 1.6 .6

50,001 - 150,000 .0 .0 .0 .6 1.1 .0 .3

150,001 or above .8 .7 .0 .0 1.1 .0 .4


Occupation
Large scale farmer 1.9 1.0 2.0 1.1 2.8 4.3 1.9

Small scale farmer 22.6 47.0 86.3 7.4 1.4 6.5 26.9

Formal employment 12.3 4.0 3.9 8.4 8.5 15.2 8.5

Unskilled /casual laborer 40.6 15.0 .0 4.2 43.7 30.4 22.8

Unemployed 20.8 33.0 7.8 78.9 40.8 43.5 39.0

Students 1.9 .0 .0 .0 2.8 .0 .9

Type of roof
Corrugated
28.3 85.7 56.4 13.6 100.0 100.0 55.9

Tiles 2.1 2.5 6.4 4.5 .0 .0 2.9

Thatched roof 69.7 11.8 37.3 81.8 .0 .0 41.1

17
3.2 Awareness and knowledge of political processes and rights
Respondents were asked if they were aware of the chief mediator of the talks between ODM
and PNU following the 2007/2008 post election violence. Figure 2 shows that 64 percent of the
respondents are not aware compared to 36 percent who are aware that Kofi Annan was the Chief
Mediator.

Figure 2: Awareness of Chief Mediator

64% 36%
Not aware
Aware

There is a significant association between gender and awareness of the Chief Mediator (p-value
of 0.018). Analysis by the gender of respondents indicates that of those who are aware of Kofi
Annan as the Chief Mediator 50.2 percent are males compared to 49 percent of the females. Figure
3 reveals that of those who are not aware of Kofi Annan as the Chief Mediator 60.3 percent are
females compared to 39.7 percent males.

Figure 3: Awareness of Chief Mediator by gender

39.7% 50.2%
Not aware Aware

60.3% 49.8%
Not aware Aware

18
Figure 4 indicates that Wajir district has the highest number of respondents who are not aware of
Kofi Annan as Chief Mediator (51 percent) followed by Kwale and Isiolo districts. Kisumu has the
highest number of those who are aware of Kofi Annan as Chief Mediator (31.1percent).

Figure 4: Awareness by district

3.5% Not Aware


31.1% Aware
51% Not Aware
10.4% Aware

Wajir
Isiolo
11.9% Not Aware
7.5% Aware

Naivasha 3.5% Not Aware


Kisumu
17.5% Aware

Kwale
14.0% Not Aware
Malindi 14.0% Aware

16.1% Not Aware


19.5% Aware

3.2.1 Awareness of 2008 post election violence talks


Respondents were further asked the name given to the 2008 post election violence talks. Figure
5 shows only 7 percent of the respondents are aware of the name as National Dialogue and
Reconciliation compared to 93 percent who are not aware. Those not aware gave varied answers
like Coalition talks, mediation talks, reconciliation talks, ODM talks, Koffi Annan talks and National
accord talks.
19
Figure 5: Awareness of post election violence talks

7% Aware
93%
Not aware
Not Aware
Aware

Further analyses indicate that there is a significant association between gender and awareness
of the name of post election violence talks (p-value of 0.05). Figure 6 indicates that more males
(56.9 percent) than females (43.1 percent) are aware of the name of mediation talks as national
dialogue and reconciliation.
Figure 6: Awareness of mediation talks by gender

45.7%
Not aware 55.3%
Not aware
56.9% 43.1%
Aware Aware

Aware Not Aware

3.2.2 Knowledge on type of government we have today


Respondents were further asked about the type of government Kenya has today. Figure 7 show
that 51percent are aware that the government we have today is a coalition government compared
20
to 49 percent who do not know.
Figure 7: Knowledge of type of government

49% Not Aware

51% Aware

0 10 20 30 40 50 60

Additionally, knowledge on the type of government was cross classified by gender of respondents.
Figure 8 indicates that more males 52.9 percent compared to females 47.1 percent have knowledge
of the coalition government in Kenya today. There is a significant association between knowledge
of type of government and gender of respondents at p-value of 0.009.

Figure 8: Knowledge of type of government by gender

52.9% 59.9% 47.1%


40.1% Aware
Not Aware
Aware
Not Aware

Knowledge on type of government was further cross classified by respondent’s district. Of those
who are aware of the coalition government, Kisumu (28.8 percent) has the highest followed by
Naivasha (22.5 percent). Of those who do not know the type of government, Wajir district has the
highest number of respondents who do not know about the coalition government at 43 percent
as summarized in figure 9.

21
Figure 9: Awareness of type of government by district

Wajir 8.5% Aware 43.0% Not Aware

Isiolo 7.5% Aware 10.8% Not Aware

Naivasha 22.5% Aware 2.8% Not Aware


Kisumu 28.8% Aware 12.1% Not Aware

Kwale 15.2% Aware 19.8% Not Aware

Malindi 16.1% Not Aware 18.0% Aware

3.2.3 Reforms or changes agreed on by ODM and PNU


Respondents were asked about the reforms or changes agreed on by ODM and PNU following the
2007/2008 post election violence. Figure 10 shows that constitutional reforms and power sharing
are the most known of the reforms that took place following the 2007/2008 post election violence.
Equity and police reforms are least mentioned.

Figure 10: Knowledge of reforms


0 5 10 15 20 25 30 35 40

Comprehensive constitutional reforms


Electoral reforms
Judicial reforms
Police reforms
Youth employment
Equity reforms
Land reforms
Ethnic and race relations reforms
Parliamentary reforms
Education
Resettlement of IDPs
Sharing authorities or power
Economic reform
22
Figure 11 shows that females are more aware of Economic reforms 60percent, ethnic and race
relations reforms 80percent and land reforms (58.3 percent) and land reforms (58.3 percent) and
ethnic relations reforms (80 percent) compared to men. However, more men are more aware of
the constitutional reforms, judicial, parliamentary and electoral reforms than females.
Figure 11: Knowledge of reforms by gender

Economic reform
Resettlement of IDPs
Education
Parliamentary reforms
Ethnic and race relations reforms
Land reforms
Equity reforms
Youth employment
Civil service reforms
Police reforms
Judicial reforms
Electoral reforms
Comprehensive constitutional reforms

0 20 40 60 80 100

Female Male

3.2.4Commissions put in place following the talks between


ODM and PNU
Respondents were asked to mention the commissions put in place following talks between
ODM and PNU in 2008. Out of the respondents interviewed only 24 percent responded to this
question. Of those who responded 71.7 mentioned commission into post election violence or
Waki Commission or CIPEV. Figure 12 show that 20.9 percent mentioned the independent review
commission or Kriegler Commission or IREC. National Cohesion and Integration Commission or
ethnic and race relations commission, TJRC, IIEC and CRC are least mentioned.

Figure 12: Knowledge of commissions

Commission into post election violence or waki commission or CIPEV


Independent Review commission or Krigler commission or IREC
National cohesion and intergration commission or ethnic and race relations
commission
Truth justice and reconciliation commission
Interim independent electoral Commission
Constitutional review commission 23
Figure 13 indicates that men are more informed than women about CIPEV, IREC, TJRC and IIEC.
On the other hand, females are more informed about the Committee of Experts on Constitutional
reforms. However, women and men are equally informed about the National Cohesion and
Integration Commission.

Figure 13: Knowledge of commissions by gender

Commission Independent National Truth Interim Constitutional


into post Review cohesion and justice and independent review
election commission intergration reconciliation electoral commission
violence or Krigler commission commission Commission
or waki commission or or ethnic and
commission or IREC race relations
CIPEV commission

3.2.5 Understanding on the role of National Commission on


Cohesion and Integration
Respondents were asked of their understanding of the National Commission on Cohesion and
Integration. Out of the total respondents asked this question only 4 percent answered of which the
majority (74.4 percent) clearly understands its role as building national cohesion and integration.
Figure 14 indicates that 10.3 percent of respondents perceive its role as acting on tribalism. The
implication is that knowledge of its roles is low (96 percent did not answer it).

Figure 14: Knowledge of National Commission on Cohesion and Integration

Investigate violence
Resettlement of IDPs
Reconciliation
Act on discrimination
Act on tribalism
Building national cohesion and...
0 10 20 30 40 50 60 70 80

3.2.6 Understanding on the role of Truth Justice and


Reconciliation Commission
Respondents who answered to this question were 13.4 percent. The implication is that knowledge
24 of its roles is very low. Figure 15 shows that about 60 percent of the respondents who answered
the question understand the role of TJRC as helping find the truth about post election violence
help get justice and address issues of reconciliation. However, another 40 percent do not clearly
understand the role of TJRC as they perceive its role as acting on discrimination (which is the role
of NCCI), resettlement of IDPs (role of the Ministry of Special Programmes) and investigation of
post election violence (that would be the role of the Special Tribunal).

Figure 15: Knowledge of TJRC

30 Act on
Help find Help get discrimination Reconciliation
25
truth about justice for
post election victims of
20 violence post election
violence
15
10 Resettlement Investigate
of IDPs violence
5
0

Figure 16 shows that more males than females know the functions of TJRC as helping find the
truth and justice compared to more females than men who link it to reconciliation. However,
more men also get it wrong as they link TJRC to action on discrimination and investigation of post
election violence and resettlement of IDPS.

Figure 16: Knowledge of TJRC by gender

Help get
Help find
justice for
truth about Act on Resettlement Investigate
victims of Reconciliation
post election discrimination of IDPs violence
post election
violence
violence

3.2.7 Understanding on the role of the Interim Independent


Electoral Commission
Only 28.8 percent of the respondents answered this question. Figure 17 shows that although half
of the respondents understand the role of IIEC well, about 46 percent of those who answered the
question don’t as they perceive it as facilitating a new constitution and maintaining democracy.

25
Figure 17: Knowledge of IIEC

44.4% Facilitate a new constitution for Kenya


11.7% Put in place reforms for the elections
1.8% Do new voter register
1.8% Maintain the democracy of the country
1.8% Review boundaries
5.4% Replace ECK
33.2% Do elections and by elections

3.2.8 Understanding on role of the National Commission on


Gender and Development
Respondents were asked about the role of the NCGD and only 5 percent of the respondents
answered the question. The implication is that understanding of its roles is very low. Figure 18
reveals that understanding is very high among the 5 percent who answered the question.

Figure 18: Knowledge of NCGD

Ensure
gender
rights for
women

Empower
women

Unfortunately, Figure 19 indicates that fewer females (24.4percent) than males (66.7percent)
know the roles of the NCGD.

26
Figure 19: Knowledge of NCGD by gender

Ensure gender rights Empower women


for women

3.2.9 Level of participation on political processes


The respondents were asked if they had ever attended a meeting or a rally to discuss issues related
to reforms in the country. Figure 20 reveals that over 96 percent have not participated in various
reforms processes. These results are consistent with those from FGDs and Key respondent
researches. However, results from FGDs in Kisumu showed that women reported high participation
through their Kapuonja Paralegal Aid Group (KAPLAG) and Women Action Forum for Networking
( WAFNET) on human rights, child abuse, and HIV/AIDs. In some women groups, it is the leaders
who have attend ongoing human rights processes and share their experiences with the members.
Those women groups that have not had any interaction with the on-going human rights processes
blamed traditional and cultural practices that hinder women participation in various activities at
grassroots, district and national levels.
Participation in National Commission on Cohesion and Integration
meetings
Of those who responded, 98 percent have never attended a meeting or a rally to discuss National
Commission on Cohesion and Integration (ethic and race relations) compared to 2 percent who
have attended a meetings. The government and civil society organizations namely Premap, USAID
and Elisha Trust organized the various meetings and rallies.

27
Participation in Truth Justice and Reconciliation Commission meetings
Additionally, 97.4 percent stated that they have never attended a meeting to discuss TJRC Bill or
issues compared to 2.6 percent who said they did. The government and civil society organizations
namely Peacenet, Kenya Red Cross and Premap organized the various meetings.
Participation in Interim Independent Electoral Commission meetings
When asked if they had attended a meeting to discuss IIEC or formerly ECK, 95.5 percent indicated
not to have ever done so compared to 1.5 percent attended the meetings. For those who had
attended 0.5 percent stated that the meeting was organized by the government.
Participation in comprehensive constitutional review meetings
Respondents were further asked if they had attended a meeting to discuss the recommendations
for the comprehensive constitutional review or bills for constitutional review. Over 96 percent of
the respondents stated that they have never attended such a meeting as opposed to 2.1 percent
who did.
Participation in National Commission on Gender and Development
meetings
Ninety six percent stated that they have not attended a meeting to discuss NCGD compared to
1.9 percent who stated that they have ever attended a meeting to discuss issues on the National
Commission on Gender and Development. When asked who had organized for the meeting on
gender and development 0.4 percent mentioned USAID.

Figure 20: Level of participation in reform processes

Yes

No
National cohesion Truth justice and Interim Constitution of National
and intergration reconciliation independent Kenya review commission
commission or commission electoral commission on gender and
(ethnic and race Commission development
relations bill) formerly ECK

28
3.2.10 Importance rating of participation in political processes
The respondents were further asked to rate how important it is for them to participate in political
processes namely debating on issues before they become national policy; voting during election
to make leadership choices, voting during referendums to make public choices over policy;
scrutinizing implementation of government policy and monitoring and evaluating government
performance over policy. Figure 21 shows that majority of respondents hold it as very important
to participate in political process by debating on issues before they become national policy
(73.1 percent); voting during election to make leadership choices (84.1 percent), voting during
referendums to make public choices over policy (78.8percent); scrutinizing implementation of
government policy (64.8 percent) and monitoring and evaluating government performance over
policy (62.5 percent). These findings are consistent with results from key respondent and FGD
research.

Figure 21: Rating how important it is to participate in political processes

Very important
Legend:

Somewhat important
Neither important nor unimportant
Somewhat unimportant
Unimportant

12.4% 5.5% 9.2% 16.2% 15.5%


5.4% 4.7% 5.4% 10.5% 10.9%
5.2% 3.4% 4.4% 4.5% 6.0%
3.8% 2.4% 2.2% 4.0% 5.2%

Debating an Voting during Voting during Scrutinizing Monitoring


issue before elections to referendums implementation and evaluating
it becomes a make leadership to make public of government government
government choices choices over policy performance in
policy policy various policies

Table 3 shows that the majority of the respondents perceive political participation as important
across the districts. However, there are considerable variation based on district and type of political
participation. For instance, participation by voting in election and referendum are more important
to residents in Wajir and Naivasha than debating, monitoring and implementing government
policy. 29
Table 3: Importance of participation by district

Very important
Somewhat important
Neither important nor unimportant
Legend:

Somewhat unimportant
Unimportant

Kwale Kisumu Malindi Wajir Naivasha Isiolo Total

69 96 81 55 54 91 73
Debating an 20 1 12 10 36 0 12
issue before
it becomes a 4 2 4 13 3 0 5
government
policy 4 2 13 5 3 5
3 1 1 9 2 6 4
83 96 84 76 74 92 84

Voting during 9 1 6 4 14 0 5
elections to 5
4 2 5 11 1 0
make leadership
choices 3 1 2 6 5 3 3
1 1 2 3 5 6 2
71 96 76 73 67 93 79
Voting during 20 1 13 7 15 0 9
referendums
to make public 4 2 7 9 8 0 5
choices over
policy 3 3 9 8 1 4
2 1 2 2 2 6 2
51 91 66 53 45 91 65

Scrutinizing 30 3 21 13 30 1 16
implementation 10
14 5 8 17 11
of government
policy 3 3 9 8 1 5
2 1 1 8 5 6 4
53 92 58 47 44 90 63
Monitoring 28 2 23 11 31 1 15
and evaluating
government 13 4 9 22 8 11
performance on
various policies 3 1 9 9 11 3 6
3 1 2 11 5 6 5
30
3.2.11 Participation in various political processes and issues
Respondent were further asked if they had participated in various political processes and issues.
Figure 22 shows that 83.2percent have not debated on an issue before it became a government
policy; 84.6percent have not scrutinized implementation of government policy and 84 percent
of the respondents have not monitored and evaluated government performance on various
policies.
Majority of respondents had voted during elections (61.5 percent) and referendums (53.6 percent)
compared to 38.5 percent and 46.4 percent who had neither voted in election nor referendum.

Figure 22: Level of political participation

Yes No

Have you ever Have you ever Have you ever Have you ever Have you ever
debated an issue voted during voted during scrutinized monitored
before it becomes elections to make referendums implementation and evaluated
a government leadership choices to make public of government government
policy choices over policy performance in
policy various policies

Results were further tabulated by district of residence. Table 4 reveals few respondents have
participated by debating issues before they become government policy across the districts.
Kisumu had the highest number of respondents 31percent who had ever debated on an issue
before it becomes a government policy, followed by Isiolo at 29 percent and Malindi at 27 percent.
Naivasha, Kwale and Wajir have the least number of respondents who have ever debated an issue
before it becomes a government policy.
Malindi has the highest number of respondents who have never voted during elections (72
percent) compared to Kwale with 84 percent of respondents who have voted during election to
make leadership choices.

31
Table 4: Level of participation by district

Kwale Kisumu Malindi Wajir Naivasha Isiolo Total

Have you ever No 93 69 73 93 94 71 83


debated an issue
before it becomes a Yes 7 31 27 7 6 29 17
government policy

Have you ever voted No 16 21 72 61 27 42 38


during elections to
make leadership Yes
choices 84 79 28 39 73 58 62

Have you ever voted No 27 26 71 70 34 52 46


during referendums to
make public choices Yes
over policy 73 74 29 30 66 48 54

Have you ever No 94 67 86 94 89 75 85


scrutinized
implementation of Yes
government policy 6 33 14 6 11 25 15

Have you ever No 95 70 78 94 90 75 85


monitored
and evaluated
government
performance in Yes 5 30 22 6 10 25 15
various policies

3.2.12 Rating government performance on facilitation of various


levels of participation
Respondents were asked to rate government’s performance on facilitating public participation in
the conduct of public affairs without discrimination, free assembly with others, free association
with others and receive and express one self without hindrances. Figure 23 shows that government
performance on facilitating in the conduct of public affairs without discrimination, free assembly
with others, free association with others and receive and express one self without hindrances as
inspiring. Less than a third of the respondents in each category rated government performance
as excellent (18.3 percent for conduct of public affairs without discrimination, 33.5 for freedom
of assembly, 32.9 percent for free association with others and 24.2 percent for receiving and
expressing one self without hindrances.

32
Figure 23: Rating government facilitative role

Excellent
Legend:

Satisfactory
Neither excellent nor poor
Unsatisfactory
Poor

28.4% 14.6% 32.9% 23.7%


18.3% 15.6% 13.4% 15.3%
15% 14% 17.5% 20.4%
22.5% 33.5% 13.3% 16.5%
15.8% 22.4% 22.9% 24.2%

Particiapte Freely assemble with Freely associate with Receive information


freely in the others others and express oneself
conduct of public
affairs without
discrimination

Table 5 reveals that very few respondents awarded government excellent rating for facilitating
participation rights. However, significant numbers gave government excellent (45 percent for
participation without discrimination, 57 percent for free assembly with others, 56 percent for free
association with others and 63 percent for receiving and expressing one self without hindrance.

33
Table 5: Rating government facilitative role by district

Excellent
Satisfactory
Neither excellent nor poor
Legend:

Unsatisfactory
Poor

Kwale Kisumu Malindi Wajir Naivasha Isiolo Total


Delivering right
10 11 28 9 45 27 18
of women and
men to participate 40 30 22 21 40 14 28
freely in the
conduct of public 35 17 5 9 10 7 15
affairs without
discrimination 8 28 15 46 2 13 22
6 13 30 15 3 39 16
Rate government
9 31 14 5 57 37 22
performance with
regard to delivering 42 41 23 29 29 28 33
right to freely
assemble with 42 10 4 9 10 4 15
others
6 14 12 39 1 1 16
2 4 47 18 3 29 14
Delivering right to
10 30 14 6 56 41 23
freely associate
with others 43 42 19 28 31 24 33
39 10 6 8 7 1 13
6 13 12 44 3 3 17
2 4 48 14 3 30 13
Delivering right to
17 29 24 6 63 26 24
receive information
and to express 25 33 18 18 22 24 24
oneself
41 11 15 8 8 6 15
10 19 9 49 2 8 20
8 9 34 19 4 36 16

3.2.13 Factors hindering women’s participation


The respondents were asked to give their opinions on factors that hinder women participation
in public life. Figure 24 shows that illiteracy & ignorance (33.8 percent); discrimination (24.8
percent) and culture (9 percent) are the key inhibitors of women participation in public life.
Lack of information has a score of 3.5 percent. FGDs and key respondent studies revealed that
traditional and cultural practices in male dominated communities account for the low participation
in public affairs.
34
Figure 24: Factors hindering women’s participation

Corruption in Leadership 4.1%


Discrimination 24.8%
Husbands 1.0%
Cowardice/Fear 5.3%
Religion 2.7%
Lack of information 3.5%
Poverty 6.4%
Lack of time 2.3%
Empowerment 7.0%
Culture 9.0%
Illiteracy /Ignorance 33.8%

Results were further cross classified indicate by gender and indicate that women perceive their
problems differently from men. Figure 25 shows that more women than men perceive lack of time
(66.7 percent), religion (64.3 percent), lack of information (55.6 percent), lack of empowerment
(55.6 percent) and discrimination (51.6 percent). On the other hand, more men than females
perceive the inhibitors to women participation to be illiteracy (54.7 percent), and culture (54.3
percent).

Figure 25: Factors hindering women’s participation by gender

Males Females

41.7% 55.6%
Empowerment

54.3% 43.5%
Culture

54.7% 44.5%
Literacy

50% 50%
Poor Leadership / Corruption

48.4% 51.6%
Discrimination

28.6% 64.3%
Religion

44.4% 55.6%
Lack of information

33.3% 66.7% 35
Lack of time
3.3 Social and economic rights
3.3.1 Awareness of basic human rights
Figure 26 shows that 66 percent of the respondents are aware of the right to education compared
to 34 percent who don’t. Similarly, 46.1 percent of respondents are aware of right to food compared
to 54.9 who don’t. The least known rights are the right to clean environment (17.1 percent) and
adequate housing or shelter (18.9 percent). These findings are consistent with those from FGDs
and key respondent research.

Figure 26: Awareness of basic human rights

Right education 66%

Right to clean environment 17.1%

Right to health 37.8%

Right to food 46.1%

Right to adequate housing/shelter 18.9%

Right to work/employment 28.3%

Right to clean water 26.7%

Right to own land 31.0%

Right to security 36.0%

3.3.2 Rating of importance of basic rights


Respondents were asked of which rights they perceived as important to them. Figure 27 show
that an overwhelming majority (over 86 percent of the respondents in each category) perceive all
basic rights as very important to them.

36
Figure 27: Rating importance of basic human rights

Very important
Somewhat important
Neither important nor unimportant
Somewhat unimportant
Unimportant

1.0 1.0
.9 .9
.8 .8
.7 .7
.6
.5
87.4% .6
.5
92.2%
Very .4
Very
.4
Important Important
.3 .3
.2 .2
.1 .1
0 0

Right to clean water Right to health

1.0
1.0
.9
.9
.8
.8
.7
87.0% .7
Very .6
.6 Important
.5
.5
.4 93.1%
.4
.3
Very
.3 Important
.2
.2
.1
.1
0
0

Right to adequate housing Right to education

1.0 1.0
.9 .9
.8
.7
91.8% .8
86.8%
Very .7
.6 Important .6
Very
.5
Important
.5
.4 .4
.3 .3
.2 .2
.1 .1
0 0

Right to food Right to clean water

1.0 1.0
.9 .9 91.0%
.8 .8 Very
.7 88.4% .7 Important
.6 Very .6
.5 Important .5
.4 .4
.3 .3
.2 .2
.1 .1
0 0

Right to own land Right to security 37


3.3.3 Participation in reforms on basic human rights
Additionally, respondents were asked if they had ever participated in a meeting to discuss reforms
touching on right to education, food, housing, work, clean water, own land and security. Majority
of respondents had not participated in a meeting to discuss reforms touching on the rights.
Figure 28 reveals that of the sample, 75.5 percent had not participated in a meeting discussing
right to education, 79.2 percent in a meeting discussing right to food, 85.1 percent discussing
right to adequate housing, 82.5 percent discussing right work, 79.4 percent right to clean water,
80.3 percent discussing right to own land and 78.7 percent right to security. However, few
respondents had attended meetings discussing these rights with 24.4 percent participating in a
meeting discussing right to education, 20.8 percent right to food, 14.9 percent discussing right
to adequate housing, 17.6 percent discussing right work, 20.6 percent right to clean water, 19.7
percent discussing right to own land and 21.3 percent right to security

Figure 28: Participation in human rights meetings

No Yes

75.6%
24.4%
Right to health
79.2%
20.8%
Right to food
85.1%
14.9%
Right to adequate housing/shelter
82.4%
17.6%
Right to work/employment
79.4%
20.6%
Right to clean water
80.3%
19.7%
Right to own land
78.7%
21.3%
Right to security

38
3.3.4 Level of violation of human rights
Respondents were further asked if someone or the government had ever violated any of their
rights. Figure 29 shows that although the majority stated they hadn’t had their rights violated,
between 21 percent and 31 percent of the respondents have had their basic right violated by
individuals or government. This is consistent with chronic reporting of cases of human rights
abuses in the country.

Figure 29: levels of violations of human rights

No Yes
0 20 40 60 80

Right education

Right to clean environment

Right to health

Right to food

Right to adequate housing

Right to work/employment

Right to clean water

Right to own land

Right to security

39
3.3.5 Government performance on basic human rights
Respondents were asked to give their opinion on government performance on various basic
human rights such as education, food, health, housing, clean water, land and security among
others. Significant number of respondents rated the government as performing poorly in delivery
of food (34 percent), employment (31.7 percent), and access to land (28.6 percent). Figure 30
shows that 20.4 percent of respondents perceive the government as performing excellently in
delivering education rights.

Figure 30: Rating performance of government on human rights

Excellent
Satisfactory
Neither excellent nor poor
Legend:

Unsatisfactory
Poor

Right education 18.5 20.3 12 28.8 20.4


Right to clean environment 19.5 23.3 18.0 26.0 13.2
Right to food 34.0 24.8 16.9 16.0 8.3
Right to adequate housing 25.6 26.8 16.1 19.3 12.1
Right to work/employment 31.7 27.8 16.8 15.4 8.3
Right to clean water 24.4 22.8 15.4 22.4 15.0
Right to own land 28.6 25.2 15.9 17.5 12.8
Right to security 27.5 24.8 13.5 20.0 14.2

3.3.6 Awareness and knowledge of women’s rights


This study went further to establish awareness and knowledge levels of women rights. Respondents
were asked question to gauge their understanding, awareness and knowledge of women right
issues.

40
3.3.7 Awareness of laws that protect the rights of women in
Kenya
First, respondents were asked to name some of the laws that protect the rights of women in Kenya.
Figure 31 reveals that awareness was too low with only 13.9 percent of the respondents mentioning
the Constitution of Kenya, 5.2 percent Sexual Offenses Act 2007, 1.9 percent Children’s Act 2007,
Hindu Marriage and Divorce Act (0.1percent), Law of Succession (0.1 percent), Maintenance
orders (0.4 percent) and the Married Women’s Act (0.1 percent).
Figure 31: Awareness of laws on women’s rights

Children’s ACT 2007 1.9%


Hindu marriage and divorce act 0.1%
Law of succession 1.0%
The maintenance orders enforcement act 0.4%
The surbordinate courts
(separation and maintenance) 0.9%
The married women’s property 3.5%
The marriage act 2.7%
The surbordinate courts
(separation and maintenance) 1.9%
Sexual offenses Act 2007 5.2%
Constitution of Kenya 63.9.0%

41
3.3.8 Awareness of rights of women
Respondents were further asked to mention some of the rights of women known to them. Figure
32 shows that awareness of rights of women is very low with the right to own property scoring a
high of 5.4 percent of the respondents, right to own land (1.5 percent), right to inherit property
of husband (3.9 percent) and right to separate or divorce (0.1 percent). Results from FGDs and
key respondents indicate higher awareness of rights of women than the quantitative studies.
This is expected because key respondents and members of women groups seem to have better
understanding of women issues than ordinary Kenyans.
Figure 32: Awareness of women’s rights

Rigtht to own property


Right to inherit property of husband
Right to freedom of association
Right to make decisions on election
Right to give birth
Right against domestic violence
Have equal rights
Right to employment
Freedom of expression
Educate children
Right to separate and divorce
Right to inherit property of husband
Right to own land
Right to freedom of worship

3.3.9 Understanding of Sexual Offences Act


Respondents were asked to give some of the issues the Sexual Offences Act addresses. Figure
33 reveals that understanding of the Sexual Offences Act is dismally low with 8.8 percent of the
respondents mentioning rape followed by child pornography (3.1 percent), sexual assault and
attempted defilement (1.1 percent).

42
Figure 33: Awareness of Sexual Offences Act

9
8
7
6
5
4
3
2
1
0
Rape

Attempted rape

Gang rape

Sexual assault

Defilement

Attemted defilement

Child trafficking

Child sex tourism

Child pornography

Child prostitution

Sexual harassment

Incest

Transmission of HIV through sex


3.3.10 Understanding of the Children’s Act
Additionally, respondents were asked to indicate their understanding of the Children’s Act 2007.
Figure 34 shows that understanding of the Children’s Act is very low with only 14.6 percent of the
respondents stating that it provides safeguards for rights and welfare of the child and 2 percent
parental responsibility.
Figure 34: Understanding of Children’s Act
0.1% Guardianship act
0.6% Custody and maintenance of children
0.4% Childrens court
0.9% Administration of children service and
insitutional
2% Parental responsibility to children
14.6% Safeguards for nights and welfare of the
child right to health, protection from all
harm

43
3.3.11 Understanding of women rights issues in the Land Policy in
Kenya
Respondents were further asked what the land policy says about women’s right to land, women’s
right to property, and women right to inherit property from spouse. Figure 35 indicates that the
majority of the respondents were ignorant of what the Land Policy says about women rights.
Sixteen percent of the respondents know that the land policy states that women have a right to
land, 15.9 percent of the respondents know it says that women have a right to own property and
0.9 percent that women can co-own property with spouse.
Figure 35: Understanding of land policy
18
16
14
12
10
8
6
4
2
0
Women have a Women have Women can co- Have no right to Married women
right to land a right to own own property own property have a right ot
property with spouse while in parents inherit property
home from spouse

3.3.12 Understanding of Marriage Bill


Figure 36 shows that understanding of the Marriage Bill 2009 is dismally low among the
respondents with only 1.4percent of the respondents knowing that it says that women have
a right to marry, 0.4 percent the right to consent to marry, and 0.5 percent that women are
protected in marriage by Certificate of Marriage.
Figure 36: Understanding of marriage bill
1.8
1.6
1.4
1.2
1.0
.8
.6
.4
.2
0
Right to marry Right to Right to marry Outlaws Women
consent to foreigners marriage to protected in
marry minors under 18 marriage by
years certificate of
44 marriage
Rating government performance on the rights of the
3.3.13
woman
Respondents were further asked to rate the government with regard to how they are addressing
issues related to rights of women comprising of physical assault, harassment, rape, incest, early
marriage, girl child education, protection of orphaned girls, right to own property and inherit
spouse’s property. Figure 4 shows that government performance is lackluster on all fronts of
delivering on women’s rights. About a quarter of the respondents rated government performance
as satisfactory in addressing physical assault, harassment, rape, incest, early marriage and girl child
education.
Table 6: Rating government performance on women’s rights
Neither
excellent
Excellent Satisfactory nor poor Unsatisfactory Poor

Physical assault against women by


18.1 26.6 14.1 22.4 18.7
husbands
Harassment of women at work(informal
14.1 26.0 15.1 21.4 23.4
and formal work)

Rape of women 18.0 25.6 12.6 18.9 24.9

Incest against girls 15.4 26.3 13.8 21.4 23.1

Early marriage of underage girls 16.2 25.1 13.3 21.2 24.2

Education of girl child 18.4 27.3 13.0 20.1 21.2

Protection of orphaned girls 16.3 24.3 15.5 21.3 22.6

Women's right to own property 16.0 24.8 14.7 23.7 20.9

Women's right to inherit land and


16.5 23.4 15.7 22.9 21.5
property from husbands

45
Table 7 reveals that slightly more women than men rated government performance as poor.

Table 7: Rating government performance on women’s rights by gender


Neither
excellent
    Excellent Satisfactoryory nor poor Unsatisfactory Poor

Addressing Male 20.0 22.1 19.0 21.0 18.0


physical assault
against women Female 19.7 18.4 21.0 19.2 21.7
by husbands
Harassment Male 20.6 21.8 21.8 18.6 17.2
of women at
work(informal Female 19.6 18.3 18.9 21.3 21.9
and formal work)

Rape of women Male 21.5 18.3 22.0 19.7 18.5


Female 18.8 21.1 18.6 20.7 20.9
Incest against Male 21.7 19.6 22.4 18.9 17.3
girls
Female 18.7 20.0 18.0 21.3 21.9
Early marriage of Male 18.5 22.2 22.1 19.2 18.0
underage girls
Female 21.2 17.8 18.2 21.2 21.6
Education of girl Male 19.5 21.1 22.1 18.8 18.6
child
Female 19.8 18.7 18.6 21.5 21.4
Protection of Male 18.8 22.4 19.1 21.4 18.3
orphaned girls
Female 20.9 18.0 20.7 19.0 21.4
Women's right to Male 20.0 20.9 19.8 21.1 18.2
own property
Female 19.8 19.1 20.3 19.5 21.3
Women's right to Male 19.9 19.3 22.8 20.3 17.7
inherit land and
property from Female 20.0 20.5 17.4 20.1 22.0
husbands

3.4 Level of violations of women’s rights


3.4.1 Knowledge of violations of women’s rights by others
To know the level of violation against women’s rights, respondents were asked if they know of a
woman who has been beaten by spouse in the past one month. Figure 37 reveals that there is very
low awareness of violations of women’s rights by respondents. However, about 18.6 percent know
of a woman who has been beaten by spouse in the past one month, 11.5 percent of respondents a
woman or girl who has been raped in the past one month, 1.4 percent have been victims of rape,
9.1 percent know a woman who has been sexually harassed by men at work or in the village, 13
46 percent know a widow whose land has been grabbed by in-laws, 22 percent know of orphans who
have been disposed by close relatives, 29.7 percent have been verbally abused by their spouse
while 32.2 percent have been emotionally abused by their spouse. Results from FGDs and key
respondent research support high levels of violations of women’s rights.

Figure 37: Knowledge of violations of women’s rights by others

81.4% No
Woman beaten by spouse in the past
one month No Yes
90.2% No
Ever been beaten by your spouse

88.5% No
Woman or girl who has been raped in the
past one month
98.6% No
Ever been raped

90.8% No
Woman who has been sexually harassed
by men at work or in the village

87.0% No
Widow whose land was taken by in-laws.

Orphans who have been disposessed by 77.5% No

close relatives

70.3% No
Verbally abused by your spouse

Emotionally abused by your spouse 67.8% No

Further analysis by districts indicates that 32 percent of respondents from Kisumu know of a
woman who has been beaten by a spouse in the past one month. Table 8 shows that of the
women reporting to have been beaten by spouse, majority 34.6 percent were from Kisumu and
Malindi. Wajir district has the majority of respondents (29.7 percent) indicating to know a woman
or girl who has been raped in the past one month. Additionally, 45.5 percent of respondents
who reported to have been raped, majority are from Malindi district. Naivasha had the majority
of respondents (28.2percent) who reported to know a woman who has been sexually harassed
by men at work or in the village. 41.7 percent of respondents who reported to know a widow
47
whose land has been taken by in laws are from Kisumu district. Similarly, Kisumu has majority of
respondents (43.8percent) who reported to know orphans disposed by close relatives.

Table 8: Knowledge of violations of women’s rights by others by district


Kwale % Kisumu % Malindi % Wajir % Naivasha % Isiolo %

Woman beaten by spouse


10.20 32.00 17.00 19.70 13.60 7.50
in the past one month

Ever been beaten by your


6.40 34.60 34.60 14.10 3.80 6.40
spouse

Woman or girl who has


been raped in the past 4.40 22.00 14.30 29.70 19.80 9.90
one month

Ever been raped 9.10 9.10 45.5 9.10 0.00 27.30

Woman who has been


sexually harassed by men 4.20 22.50 19.70 16.90 28.20 8.50
at work or in the village

Widow whose land was


15.50 41.70 15.50 9.70 8.70 8.70
taken by in-laws.

Orphans who have


been disposed by close 15.20 43.80 12.40 9.00 8.40 11.20
relatives

Verbally abused by your


17.80 45.80 15.70 11.00 1.30 8.50
spouse

Emotionally abused by
21.50 47.70 16.00 6.30 0.40 8.20
your spouse

Of those respondents who reported to have been beaten by spouse and ever been a victim of
rape, they were further asked if they reported the matter to the police. Figure 38 shows that
reporting of cases of beating by spouse to police (26.5 percent) and reporting of rape to policy by
victims (2.4 percent) is dismally low.
Figure 38: Reporting violation to police
Yes No

73.5% 97.6%
No No

48
Ever beaten by spouse Ever been a victim of rape
3.4.2 Level of satisfaction with handling of reported cases of
wife battering
Women who reported having ever been beaten by their spouse, were further asked if they were
satisfied with the way the matter was handled by government authorities, village elders, religious
leaders, and close in laws. Figure 39 shows that overwhelming majority of respondents who
answered the question is satisfied with the way the in-laws handled cases of beating by spouses
followed by government authorities (59.1 percent). Dissatisfaction was high at 65.2 percent
with the way village elders handled issues of wife battering followed by religious leaders at 56.5
percent.
Figure 39: Levels of satisfaction with handling of wife battering

No Yes

59.1% 34.8% 98.0%


Yes Yes 39.1% Yes
Yes

Government Village Elders Religious Leaders Close in Laws


Authorities

3.4.3 Satisfaction with handling of reported cases of rape


Similarly for respondents who reported to have been raped they were further asked how satisfied
they were with how government authorities, village elders, religious leaders and close relatives
handled the matter. Figure 40 indicate that victims of rape are least satisfied with how the matter
was handled by government, elders, clergy and in-laws.
Figure 40: Satisfaction with handling of rape cases

No Yes

97.9% 97.6% 97.6%


98.9% No
No
No No

Government
Authorities Village Elders Religious Leaders Close in Laws

49
3.4.4 Satisfaction with handling of rape cases
Additionally respondents who were widows, who reported of their land having been taken
by their in laws, were also asked if they were satisfied with how the matter was handled by
government authorities, village elders, religious leaders and close in-laws. According to Figure
41, overwhelming majority of respondents is not satisfied with how the matter was handled by
government, clergy, elders and close in-laws.

Figure 41: Satisfaction with handling of rape cases

No Yes

97.1% 97.0% 98.0%


97.6% No
No
No No

Government
Authorities Village Elders Religious Leaders Close in Laws

3.4.5 Role of the community in women’s rights


Respondents were further asked of the role of community play in the debate about the rights of
women in the society. Figure 42 shows that half of the respondents want communities to play
leading role in educating members about women’s rights (31.2 percent) and protecting the rights
of women (19 percent).
Figure 42: Role of community in handling women’s rights

35
30
25
20
15
10
5
0
Protect the Educate Punish the Encourage promote Offer
rights of members men who women to traditional arbitration
women about the violate the report cases values that between
rights of rights of of abuse to respect men and
women women authorities women’s women
50 rights
Figure 43 reveals that more respondents from Kisumu want the community to protect the rights
of the woman (50 percent) and encourage women to report cases of abuse to authorities (60
percent) compared to Wajir district where more of the respondents want the community to
promote cultural values that protect the rights of women (53.8 percent) and punishment for men
who violate women’s rights (50 percent).

Figure 43: Role of community in protecting women’s rights by district

Kwale Kisumu Malindi Wajir Naivasha Isiolo

70 70
60 60
50 50
40 40
30 30
20 20
10 10
0 0
Protect the rights of Educate members about the
women rights of women

70 70
60 60
50 50
40 40
30 30
20 20
10 10
0 0
Punish the men who violate Encourage women to report
the rights of women cases of abuse to authorities

51
70 70
60 60
50 50
40 40
30 30
20 20
10 10
0 0
Promote traditional values Offer arbitration between
that respect women’s rights men and women

Kwale Kisumu Malindi Wajir Naivasha Isiolo

3.5 Media use patterns of respondents


This study sort to establish media use patterns and intensity from the respondents. To establish
media use respondents were asked how many days in a typical week they watch news on television,
listen to news on radio, read newspapers, surf the internet for news and use mobile phone for
news.
3.5.1 Weekly use of mass media to get news
Figure 44 shows that weekly use of mobile phones (88.5 percent) and internet (98.1 percent) for
news is dismally low followed by those who do not ready newspapers at all at 68.6 percent and
watch television at 56.2 percent. About 39 percent of the respondents use radio for news daily
weekly while 23.7 percent listen to radio once in a week. However, 22 percent of the respondents
report not using radio at all.

52
Figure 44: Weekly use of mass media to get news

Not all 1 day 2 days 3 days 4 days 5 days 6 days

90
80
70 70
60 60
50 50
40 40
30 30
20 20
10 10
0 0

70 70
60 60
50 50
40 40
30 30
20 20
10 10
0 0

53
90
80
70
60
50
40
30
20
10
0

Not all 1 day 2 days 3 days 4 days 5 days 6 days

3.5.2 Preferred mass media for obtaining information on human


rights
Respondents were asked to mention their preferred media for obtaining information on human
rights. Figure 45 shows that radio (79.1percent) is the preferred media for obtaining information
on human rights followed by television (16.7 percent) and newspapers (2.6 percent), internet (0.6
percent) and mobile phones (0.9 percent).

Figure 45: Preferred media for obtaining information on human rights

79.1% 16.7% 2.6% 0.6% 0.9%


Radio TV Newspapers Internet Mobile
Phones

Additionally, Figure 46 reveals that more females preferred radio (54 percent), and television
(52 percent) compared to men. An overwhelming number of men preferred newspapers as key
source of information on human rights.
54
Figure 46: Preferred media for obtaining information on human rights by gender
Male Female

90
80
70
60
50
40
30
20
10
0

Figure 47 shows marked variation in preferred mass media by district. 47.1percent of respondents
from Kwale preferred newspapers, 42.9 percent in Wajir preferred mobile phones, 25 percent in
Isiolo preferred internet and 21.4 percent of respondents in Malindi preferred mobile phones.
Almost equal number of residents prefers newspapers, television, and internet for obtaining
information.
Figure 47: Preferred media by district
Radio Television Newspapers Internet Mobile Phones

50 50 50

40 40 40

30 30 30

20 20 20

10 10 10

0 0 0
Kwale Kisumu Malindi
Newspapers Newspapers Mobile Phones
55
50 50 50

40 40 40

30 30 30

20 20 20

10 10 10

0 0 0
Naivasha Wajir Isiolo
Internet Mobile Phones Internet

Radio Television Newspapers Internet Mobile Phones

3.5.3 Preferred TV channel for obtaining information


Additionally, respondents were asked of their preferred television station. 40 percent preferred
KTN whereas 24.4 percent preferred Citizen TV, 17.5 percent NTV, 13.7 percent preferred KBC
channel 1 TV, 3.5 percent preferred Family TV and 1 percent preferred Newstar TV as shown in
Figure 48.

Figure 48: Preferred TV channels

3.5% 40% 1%
prefer
24.4% 13.7% 17.5% prefer prefer
prefer prefer prefer

Figure 49 indicate that 49.4 percent of females prefer Citizen TV, 60.5 percent KBC channel 1,
63.6 percent Family TV and 66.7 percent Newstar compared to men. Male respondents preferred
NTV and KTN.

56
Figure 49: Preferred TV channels by gender

70

60

50

40

30

20

10

Respondents from Kisumu preferred Family TV (45.5 percent) followed by NTV at 43.6 percent.
Respondents from Naivasha preferred Citizen TV and while respondents from Kwale preferred
KTN (44.4 percent) whereas Newstar dominates Wajir as in Table 9.

Table 9: TV preference by district

  NTV KTN Citizen KBC Channel 1 Family Newstar

Kwale 14.5 44.4 2.6 37.2 .0 .0

Kisumu 43.6 19.0 24.7 9.3 45.5 .0

Malindi 3.6 4.0 2.6 14.0 9.1 .0

Wajir 20.0 2.4 10.4 2.3 18.2 100.0

Naivasha 3.6 14.3 53.2 18.6 9.1 .0

Isiolo 14.5 15.9 6.5 18.6 18.2 .0

57
3.5.4 Preferred radio stations
Respondents were further asked to mention their preferred radio stations. Figure 50 shows
majority of respondents preferred Citizen radio (18.3 percent), 16 percent preferred KBC radio,
9.8 percent Star radio, 9.5 percent Kaya FM, 6.5 percent Baraka FM, 5.9 percent BBC and 5.3
percent preferred Hope FM.

Figure 50: Radio preference

Citizen Radio
KBC Radio
Easy FM
Hope FM

BBC
Baraka/Feba FM
Kaya FM
Star FM

Additionally, more females than males preferred Easy FM (64 percent), KBC radio (55.3 percent),
Hope FM (55.4 percent), Star FM (55.4 percent), Baraka FM (58.1 percent) and Kaya FM (60.3
percent) for obtaining information. More males than females mentioned BBC as their preferred
radio station for obtaining information.

58
Figure 51: Radio preference by gender

70
60
50
40
30
20
10
0
Easy FM

KBC Radio

Citizen Radio

BBC

Hope FM

Star FM

Baraka/Feba FM

Kaya FM
Table 10 indicates that Easy FM (52 percent) is preferred more in Kisumu than other districts
whereas KBC radio is preferred in Wajir district (33.3 percent). In addition, Citizen radio was
most preferred more in Naivasha district (48.8 percent) while BBC was more preferred in (89.7
percent) in Wajir districts. Metro radio was most preferred in Kisumu (80 percent), Hope FM is
mentioned only in Kisumu whereas Baraka FM is mentioned more in Malindi (69.8 percent) and
Kaya FM was mentioned more in Kwale district (88.9percent).

Table 10: Radio preference by district


British
broadcasting
Easy KBC Citizen corporation Metro Hope Baraka/ Kaya
FM radio radio (BBC) FM FM Feba fm FM

Kwale 16.0 12.7 2.5 2.6 .0 .0 18.6 88.9

Kisumu 52.0 15.6 14.0 2.6 80.0 100.0 .0 .0

Malindi 20.0 16.5 21.5 .0 .0 .0 69.8 .0

Wajir .0 33.3 1.7 89.7 .0 .0 11.6 .0

Naivasha 4.0 6.8 48.8 .0 .0 .0 .0 9.5

Isiolo 8.0 15.2 11.6 5.1 20.0 .0 .0 1.6

59
3.5.5 Preferred newspapers
Respondents also reported on their preferred newspapers for getting information with the
majority (49.5 percent) preferring Nation newspapers, 40.4 percent Standard newspapers, 7.1
percent Taifa Leo, 2 percent preferred Citizen newspapers while 0.5 percent preferred Metro and
The East African.

Table 11: Newspaper preference

Metro 0.5%
East African 0.5%
Taifa Leo 7.1%
Citizen 2.0%
Nation 49.5%
Standard 40.4%

There was a strong association between gender of respondents and preferred newspapers. This
association was significant at 0.000. Females preferred Citizen newspapers (75 percent) and Taifa
Leo newspapers (57.1 percent). Males preferred Standard newspapers most preferred (63.8
percent) compared to females respondents 35 percent. Men preferred Nation newspapers more
(64.3 percent) compared to 32.7 percent of females.

Figure 52: Newspaper preference by gender

Male Female
100
90
80
70
60
50
40
30
20
10
0
60 Standard Nation Citizen Taifa Leo Metro
Table 12 shows Standard newspapers are preferred in Kisumu, Citizen in Kisumu and Metro
read only in Kisumu. Nation is preferred across Kisumu, Wajir and Naivasha districts. Taifa Leo is
preferred more in Kwale and Kisumu.

Table 12: Newspaper preference by district


  Standard Nation Citizen Taifa leo Metro

Kwale 12.5 13.3 .0 57.1 .0

Kisumu 40.0 25.5 50.0 21.4 100.0

Malindi 1.3 3.1 25.0 7.1 .0

Wajir 7.5 21.4 25.0 7.1 .0

Naivasha 26.3 24.5 .0 7.1 .0

Isiolo 12.5 12.2 .0 .0 .0

3.5.6 Preferred mobile provider


Figure 53 indicates that of the respondents who used mobile phones to get news, majority 87.3
percent preferred Safaricom whereas 11.3 percent preferred Zain and 1.3 percent preferred
Orange.

Figure 53: Preferred mobile provider

87.3%

11.3%

1.3%

0 20 40 60 80 100

Figure 54 shows that female respondents (52.9 percent) preferred Zain more compared to men
was most preferred mobile provider by female respondents compared to males (47.1 percent).
Men preferred (61.8 percent) than females (35.1 percent). Only men mentioned Orange as a
preferred mobile provider. The association between preferred mobile provider and gender of
respondent is significant at 0.005.

61
Figure 54: Preferred mobile provider by gender

81.8%

35.1%

47.1%

52.9%

100%

0 20 40 60 80 100

Figure 55 shows that Orange is preferred more by respondents from Kwale (50 percent) and
Naivasha (50 percent) whereas Zain is most preferred by respondents in Kisumu (88.2 percent).
Safaricom was preferred in all the six districts with Kwale (19.1 percent), Kisumu (35.9 percent),
Malindi (0.8 percent), Wajir (21.4 percent), Naivasha (3.1 percent) and Isiolo (19.8 percent).

62
Figure 55: Preferred mobile provider by district

Kwale

50%
0 20
19.8% 40 60 80 100
Isiolo

0 20 40 60 80 100
Kisumu

88.2%

0 20 40 60 80 100
0.8%
Malindi

0 20 40 60 80 100
21.4%
Wajir

0 20 40 60 80 100
Naivasha

50%

0 20 40 60 80 100

3.5.7 Preferred internet provider


Figure 56 shows Safaricom is the preferred internet provider (44.4 percent) followed by Telkom
(25.9 percent) and Zain (7.4 percent). However, others stated they access internet from the cyber
cafe through yahoo and hotmail. 63
Figure 56: Preferred internet provider

44.4%

25.9%

7.4%

0 20 40 60

Figure 57 indicates that 100 percent male prefer Zain, 66.7 percent Safaricom and 71.4 percent
Telkom internet services.

Figure 57: Preferred internet provider by gender

100 100%

90
80
71.4%
70 66.7%
60
50
40
30
20
10
0

Figure 58 show more respondents in Naivasha prefer Zain while those in Kisumu and Kwale prefer
Telkom and Wajir and Isiolo prefer Safaricom internet services.

64
Figure 58: Preferred internet provider by district

Naivasha

0 10 20 30 40 50 60 70 80 90 100

Kwale

0 10 20 30 40 50 60 70 80 90 100

Kisumu

0 10 20 30 40 50 60 70 80 90 100

Malindi

0 10 20 30 40 50 60 70 80 90 100

65
Wajir

0 10 20 30 40 50 60 70 80 90 100

Isiolo

0 10 20 30 40 50 60 70 80 90 100

3.5.8 Other sources of information on human rights


In addition, respondents were asked to state their other sources of information apart from mass
media. Majority 36 percent stated chief ’s barazas, 33 percent friends, 25.2 percent women groups,
19.3 percent church meetings, 18.5 percent other relatives according to Figure 59.

Figure 59: Other sources of information on human rights

0 5 10 15 20 25 30 35 40

25.2% Women group meetings

19.3% Church meetings

36.0% Chief barazas

15.9% Political rallies

11.8% Workmates

18.5% Other relatives

4.0% Spouse

66 33.0% Friends
According to Figure 60 more females (70 percent) compared to males (29.5 percent) got their
information from women groups meeting. Slightly more males (50 percent) than females (48.9
percent) got their information from workmates. More females (59.4 percent) got their information
from spouses compared to 34.4 percent of male respondents. In addition, more females (50.3
percent) get their information from church meetings compared to 48.4 percent male. However,
more males (61.9 percent) get information from political rallies compared to 36.5 percent of
females.

Figure 60: Other sources of information by gender

Workmates

Other relatives

Spouse

Friends

Women group meetings

Church meetings

Chief barazas

Political rallies and meetings


0 10 20 30 40 50 60 70 80

3.5.9 Preferred method of receiving information on women’s


rights
When respondents were asked to mention channels they would prefer to receive their information
on women’s rights. Figure 61 shows that 43.1 percent prefer mass media (radio, television,
and internet) while 26.5 percent preferred to get their information through group discussion,
workshops and seminars. Ten percent of the respondents preferred to get their information
through meetings or public rallies. These findings are consistent with findings from FGDs and
key respondent studies.

67
Figure 61: Preferred method of receiving information on women’s rights

0 5 10 15 20 25 30 35 40 45 50

26.5% Group discussions

43.1% Media

4.2% Booklet

10% Meetings Public rallies

1.5% Educate

1.4% Mobile phones

2.6% CBO

4.8% Church/Mosques

0.8% Internet

0.3% Door to door

2.6% Workplace

1.4% Friends

0.8% Constitutions

Figure 62 shows women prefer information from meetings & public rallies (100 percent),
mobile phones (100 percent), radio & television (62.5 percent) and workmates and friends (50
percent).

68
Figure 62: Preferred method of getting information on women’s rights

100 90 80 70 60 50 40 30 20 10 0
0 10 20 30 40 50 60 70 80 90 100

Group discussions

Media

Booklet

Meetings Public rallies

Educate

Mobile phones

Church/Mosques

Internet

Workplace

Friends

Analysis by district indicates that Kwale respondents preferred to get their information from
CBOs (82.4 percent), internet (66.7 percent), mobile phones (62.5 percent) and door to door
(50 percent). Respondent from Kisumu reported that they preferred to get information from
education (55.6 percent), door to door (50 percent), friends (71.4 percent) as well as the
constitution. Respondents from Malindi preferred more to get their information from booklets
(44 percent) as welll as churches/mosques (18.5 percent). Wajir respondents preferred radio and
television (23.9 percent) and workplace (20 percent). In addition, respondents from Naivasha
reported that they preferred to get their information from workplace (66.7 percent), churches/
mosques (44.4 percent), meetings and internet (33.3 percent) as well as friends (28.6 percent).
Isiolo respondents preferred to get information from education (22.2 percent), mobile phones
(25 percent) as well as church and mosques (7.4 percent).
69
Table 13: Preferred method of getting information on women’s rights

Group discussion/workshop/seminars

Radio/media/TV/Internet

Meetings/public raliies

Church/mosques
Mobile phones

Door to door

Consitutions
Workplace
Internet
Educate
Booklet

Friends
CBO
 

Kwale 26.6 24.3 16.0 5.0 11.1 62.5 82.4 3.7 66.7 50 .0 .0 .0
Kisumu 30.8 21.7 20.0 23.3 55.6 .0 5.9 11.1 .0 50 13.3 71.4 100
Malindi 11.2 9.9 44.0 28.3 .0 .0 5.9 18.5 .0 .0 .0 .0 .0
Wajir 18.3 23.9 8.0 6.7 .0 12.5 .0 14.8 .0 .0 20.0 .0 .0
Naivasha 4.7 14.0 8.0 33.3 11.1 .0 .0 44.4 33.3 .0 66.7 28.6 .0
Isiolo 8.3 6.3 4.0 3.3 22.2 25.0 5.9 7.4 .0 .0 .0 .0 .0

70
3.6 Suggestions on addressing the challenge of rights of
women
Respondents were asked to give suggestions on how to address the challenge of rights of women.
Majority 30.5 percent said through education and counseling, 23.1 percent reported through
meetings/barazas/families. Table 14 shows that 5.9 percent of the respondents suggested through
effecting the laws governing violation of women, 13.5 percent suggested through creating
awareness in the community on women rights, 8.5 suggested through treating men and women
as equal.

Table 14: Suggestion on addressing women’s rights challenges

0 5 10 15 20 25 30 35

Education/counselling

Meetings through barazas/families

Effect the laws governing violation

Select women’s rights activists

Create awareness

Women should be treated equal

Women should contest for politics

Forming women’s groups

Empower women economically

Media educating

Provide security

Cultural practices should be done away with.

Additionally, results on suggestions on how to address the challenge on rights of women were
cross classified by gender. Results indicate that only men stated that women should contest
for parliamentary seats and that they should be provided with security. Figure 63 shows that
females mentioned creating awareness (60 percent), formation of women groups (66.7 percent),
empowerment of women economically (59.1 percent) and bad cultural practices should be done
away with (58 percent). 71
Figure 63: Suggestions by gender

100 90 80 70 60 50 40 30 20 10 0
0 10 20 30 40 50 60 70 80 90 100

Education/counselling

Meetings through barazas/families

Effect the laws governing violation

Select women’s rights activists

Create awareness

Women should be treated equal

Women should contest for politics

Forming women’s groups

Empower women economically

Media educating

Provide security

Cultural practices should be done away with

Table 15 indicates that respondents from Kwale suggested creating awareness (41.7 percent),
women should contest political seats (50 percent) as well as forming women groups (33.3 percent).
Those from Kisumu suggested empowering women economically (54.4 percent), enforcing the
laws that govern women rights (51.9 percent) among others. Other details are listed below.

72
Table 15: Suggestions by district

  Kwale Kisumu Malindi Wajir Naivasha Isiolo

Education/counselling 26.8 19 7.8 21.6 14.4 10.5

Meetings through 14 25.8 2.2 35.5 6.5 16.1


barazas/families
Effect the laws governing 25.9 51.9 7.4 0 0 14.8
violation of women
Select women right 0 50 8.3 16.7 4.2 20.8
activists

Create awareness 41.7 28.3 1.7 26.7 0 1.7

Women should be 14 23.3 37.2 23.3 2.3 0


treated equal to men
Women should contest 50 50 0 0 0 0
for political seats

Forming women groups 33.3 46.7 0 6.7 13.3 0

Enpower women 27.3 54.5 9.1 9.1 0 0


economically

Media educating 7.7 38.5 7.7 15.4 30.8 0

Provide security 0 100 0 0 0 0

73
4 CONCLUSIONS AND RECOMMENDATIONS
Knowledge levels on the various basic human rights components
Awareness of human rights is not so high with a third of the respondents not aware of their basic
human rights. Awareness of rights of women is very low with only one out of 5 respondents
mentioning the various issues touching on the basic human. However, an overwhelming majority
of respondents perceive human rights to be important. There is need to undertake public
sensitization on the basic human rights and privileges of people in the districts.
Level of community participation in human rights
There is very low participation in both human rights process Three out of four respondents have
never participated in human rights processes. Therefore, there is a need for government and civil
society to develop grassroots participation mechanisms that would involve the majority of people
in the project districts.
Roles of duty bearers
Understanding of role of duty bearers is average with respondents indicating that government
plays legal enforcement roles; community should discourage traditional practices that hurt women
and civil society to do civic education and advocacy. There is need to deepen understanding of the
roles of various stakeholders in the enhancement of human rights in the project districts.
Roles in political processes
Understanding of roles in the political process is still low with many indicating they can only
play representation roles if given the opportunity. The implication is that many Kenyans still do
not understand their civic responsibility role of holding the government accountable to deliver
reforms and good governance. There is need to increase knowledge of people in the districts
on their civic responsibilities to enable them understand their roles in the delivery of effective
services, human rights and preservation and protection of women’s rights.
Knowledge of women’s rights
Awareness of laws on rights of women is equally dismally low with only about 14 percent and 6
percent of respondents mentioning the Constitution of Kenya and Sexual Offences Act respectively.
There is need to undertake public education to sensitize ordinary people in the districts about the
various laws that address basic rights, freedoms and privileges of Kenyans.
Level of violation of women’s rights
Up to a third of respondents know a woman whose right has been violated by others. More
respondents in Kisumu than other districts know women who have been battered followed by
Wajir and Malindi districts. Unfortunately more than three our four cases of abuses are not reported
to relevant authorities for action. To make it worse, up to a third of respondents revealed their
personal rights have been violated. The high levels of violations of human rights and women’s
rights call for multi-level public education programmes that target grassroots. Civil society in the
project districts should enhance human rights and women rights civic education in the project
74 areas and put mechanisms that support preservation and protection of women’s rights.
Role of community in safeguarding women’s rights
Respondents said the community should engage in community education of members about
women’s rights, protect the rights of women and encourage women to report cases of violations.
Government performance on human rights (food, health, housing, clean water, land and security
among others) is lackluster except in education where it is rated as average. Government
performance is similarly lackluster on all fronts of delivering on women’s rights. Only a quarter
of the respondents rated government performance as satisfactory in addressing physical assault,
harassment, rape, incest, early marriage and girl child education. Slightly more women than men
rated government performance as poor. The government comes out as key violator of human
rights especially the police in Isiolo district. There is need to reform key government institutions
such as the police, judiciary and civil service to make them more responsive to human rights and
women’s rights. There is also a need to undertake human rights education within government
institutions in the project districts.
Level of satisfaction with handling of cases of reported abuses is low. Close relatives are good in
handling wife battering. Village elders, clergy and close relatives do poorly in handling cases of rape
in communities. There is need to build the capacity of opinion leaders in various communities to
enhance protection of human rights and help in community civic education.
Preferred channels of communication
Preferred mass media for obtaining information on human rights are radio, television and
newspapers. Weekly use of mobile phones and internet is negligent. More females than men prefer
radio to newspapers. Mass media is the preferred method of obtaining information on women’s
rights followed by interpersonal communication channels such as group meetings & seminars;
and meetings. Women prefer mobile phones, meetings and mass media in that order. Other
sources of information on human rights are chief ’s barazas, friends, women meetings, relatives
and workmates. More women than males prefer women groups and spouses. There is need to
use multiple channels of communication (mass media using radio, TV, newspapers, mobile as well
as interpersonal channels such as women group meetings, chief ’s barazas and faith meetings)
during the implementation of the awareness campaigns. Interactive radio programmes and spots
on human rights are very effective ways of creating awareness of human rights violations.

75
5 ANNEX
Annex 1:
Table 16: List of sampled key respondents

DISTRICT KEY RESPONDENTS

1. Benta Oputa, Assistant Chief


KISUMU WEST 2. Paul Ojuka, Chairman, KAPLAG
3. Clare Onkundi, Teacher

1. Peter Kiarie, Chairman of Shalom Self Help Group


NAIVASHA 2. David Mutiso, Assistant Chief
3. Beatrice Kiragu, Head Teacher

1. Yusuf Wako,
Director, Friends of Nomads International (FONI)
ISIOLO
2. Purity Karwetha, Assistant Chief
3. Halima Abdi, Teacher

1. Sugow Noor, Assistant Chief, Griftu


WAJIR 2. Sophia Gede, Director, Wajir Women Rights Watch and Councilor
3. Fatuma Salat, Chair Lady, Salmake Women Group

1. Mr. Amani Hamisi, Registrar of Kadhi Courts


KWALE 2. Salim Mohamed Tenga, Retired Teacher
3. Ali Salim Mwabata, Councilor

1. Chairlady of Hadaya Women Group


MALINDI 2. Mabrouk M. Bilali, Watamu Chief’s Office
3. Boniface Masha, Assistant Chief, Fundisha sub-location

76
Annex 2:
Table 17: List of sample women groups

DISTRICT WOMEN GROUP NUMBER

KISUMU
WEST KAPLAG Women Group, North Kapuonja Sub-location, 12

NAIVASHA Shalom Self Help Group


Hells Gate Location

ISIOLO Kiwanjani Self-Help Group 7

WAJIR Sharmake Women Group 10

Dola Rako Women Group,


KWALE Gazi Sub-location 10
Kinondo location

Heshima Women Group


MALINDI Mikilifi Kati ya Kibaoni Shopping Centre 7
Fundisha Location.

77
78
79
Association of Media Women in Kenya (AMWIK)
Hse. No. 6, Wendy Court, David Osieli Rd.,
Off Westlands Ave., Westlands
P.O Box 10327-00100, GPO
Tel: +254 020 444 1226 / 0722 201 958
Fax: +254 020 444 1227
info@amwik.org
www.amwik.org

ISBN No. 9966 – 7163 – 3 - 8

In collaboration with United Nations Democracy Fund (UNDEF)

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