Diakonia - Democracy and Human Rights Program - Phase 3

The project commenced in mid-2023 and therefore it was during 2024 some concrete results could be harvest. Under intermediate outcome 1, Diakonias implementing partners significantly strengthened Kenyas Public Financial Management (PFM) oversight institutions through targeted advocacy, strategic institutional engagement, and citizen-led approaches. Key institutions engaged included the Ministry of Finance, Parliament, Office of the Auditor General (OAG), and county-level PFM structures. Notable outcomes included enhanced legal frameworks supporting public participation in audits, increased oversight capacity in health budgeting, and successful budget advocacy that preserved critical Value Added Tax (VAT) exemptions, expanded school feeding programs, and boosted health allocations. For instance, TI-Kenya led targeted advocacy efforts to reinforce the independence and citizen-responsive role of the Office of the Auditor General (OAG). Through sustained engagement, TI-Kenya supported the legal anchoring of the Citizen Accountability Audit mechanism, for the promotion of greater public involvement in the audit process. Its memorandum to the Attorney General on the Public Participation Bill 2024, submitted on October 24, 2024, called for stronger legal provisions to empower the OAG to oversee public participation audits. Additionally, the March 2024 memorandum to the National Assembly on the Public Audit (Amendment) Bill proposed reforms such as the establishment of an independent advisory board, mandatory publication of audit reports, and improved access to information. These efforts have contributed to ongoing legislative discussions to realize strengthened public audit systems, enhanced accountability, and increased civic engagement in audit processes. In its engagement with the National Assembly Committee on Budget and Finance, Bajeti Hub leveraged participatory approaches to influence national fiscal policy. Through six Budget Cafés convened across the country, Bajeti Hub gathered citizen inputs on key budget issues, which informed six memoranda submitted to the National Assembly Committee. These engagements led to notable budgetary outcomes such as: the preservation of Value Added Tax (VAT) exemptions for clean cooking stove manufacturers, the expansion of the national school feeding program to reach 5 million children, and increased allocations to the health sector. The committees responsiveness to public input signals progress towards a more participatory and transparent budget process, aligning with constitutional and legal expectations. At the county level, implementing partners worked collaboratively with county governments and the Council of Governors to enhance fiscal transparency and inclusive governance. Bajeti Hubs 2023 County Budget Transparency Survey, launched in May 2024, revealed that all 47 counties had published at least one budget document, marking a significant step forward in county-level transparency. This outcome not only reflects improved compliance with the Public Finance Management Act but also lays the groundwork for more robust public scrutiny and citizen oversight of county budgets. Additionally, KHRC convened a two-day strategic forum in November 2024 focused on public finance management in the education sector. A key outcome of the meeting was the development of a policy brief on the University Funding Model. This brief is now being used to guide ongoing advocacy and policy engagement at both national and county levels, with the potential to influence future education funding frameworks and promote more equitable resource allocation across counties. Under intermediate outcome 2, Diakonia and its partners significantly advanced citizen empowerment in PFM, with a strong focus on women, youth, and persons with disabilities. At the county level, 209 budget champions across the Rift Valley Budget Hub including women-only and PWD only budget cells submitted 18 petitions and 13 civic actions targeting FY 2024/25 priorities. These efforts resulted in tangible outcomes, including road repairs in Elgeyo Marakwet, petitions and peaceful protests over stalled projects in Baringo, investigations into double funding of a water project in West Pokot, and action against delays in the Kiptunoi Water Project in Kericho. TI-Kenyas support led to structural reforms in Kisumu, Elgeyo Marakwet, and Uasin Gishu, including the appointment of Health Management Boards, deployment of accountants to health facilities, ICT-based grievance redress systems, and strengthened budget oversight. At the national level, KHRCs media campaign and coordination with youth-led protests contributed to the government scrapping eight major tax proposals such as; VAT on bread, sugar transport, financial services, mobile money, and eco levieson June 18, 2024. National convenings further amplified citizen voices in public finance: Bajeti Hubs Public Finance Conference brought together over 800 stakeholders from 40 counties to address challenges in taxation, Universal Health Care, devolution, and budget execution; and TI-Kenyas National Integrity Actions Awards recognized key actors advancing transparency and accountability. These multi-level interventions demonstrate a robust, citizen-driven push for fairer, more accountable governance. TI-Kenya uses a dual approach in training citizens on budget processes while supporting their participation in the 2024 budget cycle and complementing this with targeted engagement of duty bearers using the Auditor General reports. Recognizing the added value of grassroots-driven advocacy, Diakonia held dialogues with TI-Kenya and Bajeti Hub to encourage and promote collaboration between budget champions and TI-Kenyas citizen groups for greater impact at the county level. Bajeti Hub engaged oversight institutions to challenge the proposed 7% national budget cuts, highlighting the adverse implications for essential public services. In the health sector, the cuts threatened access to family planning for women of reproductive age, potentially reversing gains in reproductive health. In education, they risked derailing the rollout of the Competency-Based Curriculum (CBC) and Junior Secondary School (JSS) by reducing funding for classroom construction. The cuts would also severely impact key programs such as school feeding, special education, and free primary and day secondary education, disproportionately affecting girls and learners with disabilities. Bajeti Hub further raised concerns over significant reductions in the water sector, emphasizing the threat to flood control and water harvesting projects vital for climate resilience, particularly in arid and semi-arid regions. These engagements called on Parliament to demand clear justifications for cuts that could undermine social protection and climate response efforts. Innovative and unconventional approaches to citizen engagement were used by the partners (and Kenyan activists in general) that significantly influenced public discourse and policy processes. Creative digital advocacy, including mass message campaigns that overwhelmed the political leaders, amplified public input on contentious issues like the Finance Bill and term limit amendments, prompting institutional responses including the development of a Public Participation Bill by the Attorney Generals office. Three partners directly engaged in shaping this policy. In addition, Bajeti Hub collaborated with the World Bank, Council of Governors, and State Department of Devolution to update the outdated 2016 County Public Participation Guidelines. TI-Kenya also submitted a memorandum with concrete proposals to strengthen public engagement. Digital platforms proved vital for budget advocacy, especially among youth, sparking vibrant, occasionally tense intergenerational dialogue that ultimately coalesced around a shared commitment to accountability and good governance. Under intermediate outcome 3, significant strides were made toward strengthening Kenyas justice system, with a particular focus on accessibility, efficiency, and the protection of marginalized groups. Efforts to enhance access to justice in Kenya led to significant progress, particularly for marginalized groups. Diakonia and its partners worked closely with justice actors to promote accountability and realize constitutional rights. In 2024, building on the landmark 2023 Supreme Court ruling that upheld the LGBTQ community's right to freedom of association, the National Gay & Lesbian Human Rights Commission (Legal Arc) made notable advancements. The organization successfully registered three new youth-led groups in Kiambu, Uasin Gishu, and Mombasa, each focusing on Lesbian, Queer, and Non-Binary youth. Additionally, Legal Arc facilitated the seamless renewal of registration for previously established LGBTQ and ITGNC (Intersex, Transgender, and Gender Non-Conforming) youth organizations, reinforcing the community's legal recognition. The Legal Aid Clinic also supported two name changes, one for a Transgender Man in Kisumu and another for a Transgender Youth in Nairobi, further advancing their rights. LGBTQ residents of Kenya in Kenya have experienced more meaningful engagement with the justice system, as reflected in the number of cases received and resolved by the NGLHRCs Legal Aid Center during this period. In 2024, the legal aid center addressed 853 cases of human rights violations against LGBTQIA individuals across 42 counties in Kenyaa 169% increase from the previous period. Major issues included queerphobia, technology-facilitated violence, discrimination, and privacy breaches. There was a high demand for legal assistance and support services, particularly for transgender individuals. The increased uptake of Pro Bono Legal Aid cases reflects the growing agency of LGB/ITGNC individuals in Kenya to seek legal redress for human rights violations. This shift is the result of prolonged community legal awareness and empowerment efforts. While Nairobi and Kiambu reported the highest case numbers, driven by urbanization, economic hardship, and a high police presence that make LGBTQ individuals more visible and vulnerable, challenges such as victims' reluctance to pursue legal action and jurisdictional limitations persist. In 2024, strategic litigation efforts led to significant legal victories that reinforced LGBTQ rights and contributed to a more accessible and efficient justice system. At the Eldoret Law Courts, the NGLHRC secured a 50-year sentence for the murder of Edwin Chiloba, a landmark ruling after nearly two years of legal advocacy. Similarly, at the Nyeri Law Courts, the conviction of Billington Mwathi for the brutal murder of Sheila Lumumba resulted in a 30-year sentence, with an ongoing appeal at the Nyeri Court of Appeal. Additionally, a case at the Milimani Law Courts involving blackmail, extortion, and robbery based on sexual orientation saw the withdrawal of charges after the victim cited severe mental distress from the justice process. These cases highlight the system's growing capacity to uphold the rights of vulnerable individuals while emphasizing the need for continued reforms to ensure justice is truly accessible and protective for all. AJS have been enhanced through community-led innovations, such as providing motorbike services for elders in Isiolo. The Isiolo Council of Elders' sustainability initiative has made significant progress, with all planned motorbikes purchased by the end of 2024 and trackers installed for monitoring and accountability. LRF's Board of Trustees has established a strong management framework, with LRF overseeing the motorbikes' use to avoid conflicts of interest and ensure proper maintenance. Regular reports and real-time data from the trackers will support ongoing monitoring, ensuring transparency and effective implementation of the initiative. FIDA-Kenya played a pivotal role in strengthening the justice sectors accessibility, efficiency, and protection of vulnerable groups by leading efforts to review and amend the Sexual Offences Act (SOA). As a key member of the NCAJ SGBV Committee, FIDA-Kenya facilitated consensus-building among justice actors and civil society on the draft Amendment Bill, which is now in its final stages before submission to the NCAJ Council. Their contributions led to the development of clear action plans, including stakeholder and forensic expert mapping, collaboration with the Ministry of Gender on a comprehensive SGBV policy analysis, and data collection on Romeo and Juliet convictions to promote balanced justice for young offenders. FIDA-Kenya continues to champion the Bills passage and implementation, ensuring a more survivor-centered and responsive justice system for addressing sexual and gender-based violence. A KHRC-commissioned study examined the conduct of security agencies in Kenya, uncovering systemic issues such as police brutality and accountability gaps that undermine justice and human rights. By analyzing the historical, legal, and political drivers of abuse, the study informed targeted reforms to strengthen oversight, promote accountability, and support the development of a rights-based, transparent, and inclusive justice system that prioritizes the protection of marginalized and vulnerable populations. In support of a stronger, more accessible, and rights-protecting justice system, KHRC and the Defenders Coalition secured the release of 27 unlawfully arrested human rights defenders on May 11, 2024, through timely legal representation and payment of bail totaling Kshs 270,000. This action not only led to their unconditional release but also catalyzed a successful court case that halted unlawful convictions, reinforcing legal accountability. Between June and December 2024, KHRC, in partnership with the Law Society of Kenya, Amnesty International Kenya, and other civil society organizations, extended legal, medical, and advocacy support to victims of the Anti-Finance Bill protests. These peaceful protests were met with excessive police force, resulting in over 800 unlawful arrests. Coordinated interventions led to the release of most of these protestors, demonstrating the effectiveness of legal aid in ensuring justice access and protection of civil rights for vulnerable groups. Significant progress was made in strengthening Kenya's legal frameworks for human rights protection, largely due to the interventions of IMLU. Through IMLUs efforts, five key pieces of legislationthe Prevention of Torture Act (POTA), Victim Protection Act (VPA), National Coroners Service Act (NCSA), Public Benefit Organizations Act (PBO), and National Police Service Act (NPSA)were operationalized and implemented, with the VPA and NCSA undergoing critical reviews to enhance their effectiveness. Additionally, the incorporation of the Istanbul Protocol manual for documenting human rights violations ensured that case documentation aligned with international standards, particularly in supporting the NCSA's implementation. Through environmental clubs established in select prisons by LRF, 7,597 trees were planted during the review periodmore than three times the initial goal of 2,400. The tree survival rate increased from 65% to 75%, thanks to the provision of 80 watering cans across four counties, which improved tree care during dry periods. In addition to tree planting, the initiative introduced vegetable gardening in prisons, such as in Isiolo, enhancing inmate nutrition and providing rehabilitative life skills. These green clubs have proven effective in promoting environmental conservation, improving inmate welfare, and supporting rehabilitation efforts. The initiative aligns with the broader goal of creating a more inclusive, rehabilitative justice system that helps reintegrate vulnerable individuals into society, supporting both environmental sustainability and personal growth for inmates. LRF also made significant strides in developing two critical knowledge tools: the AJS Platform Award Guidelines and an Environment and Climate Justice Training Curriculum for the justice sector. An AJS expert and member of the national AJS implementation committee, was contracted to develop the award guidelines. Meanwhile, Strathmore University Law School was engaged to develop the training curriculum. The AJS tool is complete and awaits validation by the National Steering Committee on the Implementation of AJS (NaSCI-AJS) and key stakeholders. Despite initial delays from the judiciary, progress on the climate justice curriculum is now on track. The inception report was approved, and the final document is expected in 2025, in line with contractual timelines. TI-Kenya defended whistleblower Spencer Sankale in a case that resulted in a precedent-setting judgment on whistleblower protection. The organization also contested unethical public appointments and followed corruption-related prosecutions, advocating for prosecutorial accountability and ethical governance. In election reform, the High Court ruling on the Election Campaign Financing Act affirmed TI-Kenyas push for transparent campaign finance regulation. Under intermediate outcome 4, efforts to empower marginalized groups in Kenyaparticularly pretrial detainees, women, youth, and poor communitiesresulted in major gains in legal awareness, civic engagement, and access to justice. As part of its access to justice efforts within the prison system, the Legal Resources Foundation (LRF) focused on empowering pretrial detainees to understand and assert their legal rights. During the reporting period, through the program through LRFs interventions, 10,123 pretrial detainees reached across four countiesrepresenting a 40% overachievement. These interventions included legal advice, case follow-ups, legal drafting, and legal education. As a result, 1,575 detainees (16% of those reached) were released from custody through the efforts of project paralegals. The remainder continue to benefit from ongoing legal support. Impressively, this outreach covered approximately 40% of the national pretrial detainee population, which stands at 24,733, contributing meaningfully to decongesting the justice system. The Program promoted alternatives to prosecutions such as Alternative Justice Systems (AJS), plea agreements, and diversion mechanisms spearheaded by LRFwith an annual target of reaching 240 prisoners. By the end of the reporting period, a total of 639 prisoners had benefited from these interventions (481 through AJS and 158 via plea and diversion), exceeding the target by 167%. A key milestone was the successful replication of the AJS prison model in Eldama Ravine Prison, Baringo County, in August 2024. This expansion significantly contributed to the increased uptake of alternative justice mechanisms, further easing the burden on the formal justice system and promoting restorative justice practices within correctional facilities. The program focused on strengthening Alternative Justice Systems (AJS) through LRFs interventions, a total of 481 cases had been successfully resolved by elders253 within Eldama Ravine, Mutomo, and Isiolo prisons through the AJS prison model, and 228 at the community level and police stations. This represents a 33% overachievement of the annual target. The increase in resolved cases is largely attributed to the establishment of the AJS prison model in Eldama Ravine Prison, Baringo County, in August 2024, which significantly boosted case resolution efforts. After over eight years of sustained advocacy, KHRC secured a breakthrough in February 2024 when the National Land Commission (NLC) began public hearings on historical land injustices involving multinational company Kakuzi. KHRC provided legal support to 10 affected communitiesrepresenting more than 13,000 householdsand facilitated their participation in the hearings. A pivotal moment occurred during a site visit on March 14, 2024, when communities were granted unrestricted access to the disputed land for the first time, revealing vast undeveloped areas that contradicted Kakuzis claims. Despite logistical challenges, the visit marked a significant step toward truth, justice, and redress, highlighting how empowered communities can effectively engage public institutions to address long-standing land injustices through inclusive and transparent processes. KHRC collaborated with over 400 Nairobi residents to organize peaceful demonstrations against irregular high-rise developments and illegal construction approvals issued by the County Government. These developments led to forced evictions and violations of housing rights. The protest culminated in the submission of three petitions to the County Assembly of Nairobi, the National Assembly, and the Senate, calling for a halt to unregulated construction and the protection of residents' rights to adequate housing and public participation. As a result, the County Government ordered an audit of all buildings constructed over the past two years. KHRC also leveraged social media platforms to amplify the issue, reaching over 11,000 online users and sparking wider public discourse on urban housing justice. Civic space protection and legal frameworks were also strengthened. KHRC and partners led advocacy that resulted in the commencement of the Public Benefits Organizations (PBO) Act after an 11-year delay. Public engagement on the draft PBO regulations and the 4th Civic Space Protection Summit brought together CSOs, government representatives, and development partners to address threats to civic freedoms, leading to the release of detained human rights defenders and increased scrutiny of law enforcement agencies. CFF convened a committee of PBO experts to review and finalize a Civil Society Position Paper on two draft regulations from 2014, which was adopted in December 2024 and submitted to PBORA in April 2025. This Position Paper aims to harmonize the drafts and will guide legal drafting by the Attorney Generals office while fostering constructive engagement between PBORA and civil society. To raise awareness, CFF produced 3,000 copies of a simplified PBO Act publication, along with English audio-visual materials to support stakeholder sensitization from May 2024 to May 2025. UNDP Amkeni Wakenya is also collaborating with PBORA to approve a Swahili version, expanding accessibility and dissemination via social media and community forums. Under intermediate outcome 5, Diakonia made substantial progress in integrating gender perspectives into climate and conflict initiatives, particularly in the conflict-affected and climate-vulnerable regions of Baringo (Tiaty) and Elgeyo Marakwet. By facilitating inclusive national policy dialoguessuch as the Pre-CoP 29 Gender Workshopand supporting community-based advocacy, Diakonia elevated the voices of women, girls, and widows in shaping climate and justice responses. Tangible outcomes included commitments from State actors to support widows through education scholarships and justice reforms, commitment to support the establishment of a Gender Desk and mobile court in Tiaty. Nationally, Diakonias efforts contributed to the advocacy processes for the inclusion of marginalized voices in key climate policy processes, such as the National Gender and Climate Change Action Plan (NGCCAP). These interventions not only highlighted the intersectional challenges faced by vulnerable groups but also offered actionable, scalable solutions for inclusive and gender-responsive climate and conflict programming and positioning communities at the heart of resilience-building efforts.

The proposed program has identified 3 broad areas and a set of key outcomes and the indicators of success for the identified outcomes. Below is an outline of the 3 result areas with the corresponding key outcomes: Result area 1: Public Finance Management, Public Debt and Service Delivery Key outcomes: 1. Strengthened performance of PFM oversight institutions 2. An empowered citizenry actively engaging in PFM process at all levels of governance 3. Capable/ well-coordinated CSOs network leading evidence-based advocacy around PFM Result area 2: Justice and Security Sector Governance Key outcomes: The proposed program has identified 3 broad areas and a set of key outcomes and the indicators of success for the identified outcomes. Below is an outline of the 3 result areas with the corresponding key outcomes: Result area 1: Public Finance Management, Public Debt and Service Delivery Ultimate Outcome: Improvements in the PFM acrhitecture will ultimately lead to better public service delivery Key outcomes: Intermediate outcome 1. Strengthened performance of PFM oversight institutions Intermediate outcome 2. An empowered citizenry actively engaging in PFM processes at all levels of governance Result area 2: Justice and Security Sector Governance Ultimate Outcome: Increased access to justice (safety, security, human rights entitlements) for men, women, youth and vulnerable groups Key outcomes: Intermediate outcome 3. Strong justice system that is accessible, efficient & protects the rights of all especially the vulnerable people Intermediate outcome 4. Informed and Empowered citizens that claim their rights and freedoms Result area 3: Climate Change, gender and conflict Ultimate Outcome: Improvements in the treatment of women in climate change and climate response interventions Key outcomes: Intermediate outcome 5. Adoption of a gender and conflict sensitive & inclusion lens in Climate Change and conflict initiatives by state and non-state actors The partners that will implement activities under the first 2 key outcome areas have been organised in 2 clusters. The 2 clusters include PFM/Public debt and Service delivery and Justice and Security Governance. The third area, the climate change, gender and conflict area will be implemented directly by Diakonia. The intention of Diakonia is to complement and collaborate with partners who are already implementing certain climate change adaptation components in the target area (Baringo) and have already built the necessary trust with the communities. The broad focus of Diakonia's own implementation is to document the experiences of women in the context of climate change and conflict and lift and amplify them for national attention with a view to influence the responses to the conflict in the region.