RELEASING OUR FULL The ASAL Policy, its Promise

R E L E A S I N G OU R F U L L
The ASAL Policy, its Promise and Challenges
1
A Briefing Note for Members of County Assemblies,
Community Representatives, Leaders, CSO and ASAL
stakeholders
Prepared by:
Michael Ochieng Odhiambo
Nakuru, May 2013
2
R E L E ASI N G OU R F U L L
The ASAL Policy, its Promise and Challenges
3
The purpose of this policy brief is to disseminate key pillars on which the policy is anchored, outline the policy
priorities, objectives and financing mechanism to enable local level stakeholders effectively participate in the
implementation, monitoring, evaluation and feedback as provided for by the policy itself.
Table of Contents
Acronyms.......................................................................................................................................3
1.Introduction...................................................................................................................................4
4
1.
ASALs important but marginalized since colonial times........................................................5
2.
Policy shifts in favour of the ASALs...........................................................................................6
2.1.
NARC and ERS.............................................................................................................................6
2.2.
Kenya Vision 2030: ASALs integral to inclusive development...............................................7
2.3.
Constitution of Kenya 2010: a constitutional foundation for ASALs development.............8
3.
The ASAL Policy: an analytical presentation............................................................................10
3.1.
Introductory chapters: setting the stage.....................................................................................10
3.2.
Goal and objectives of the policy................................................................................................11
3.3.
Elements of the policy: specific interventions to realize the objectives.................................12
4.
Institutional and legal framework...............................................................................................16
5.Financing.......................................................................................................................................17
6.
Realizing benefits of the ASAL Policy: challenge to stakeholders..........................................18
Endnotes.........................................................................................................................................20 Acronyms
ASALs
Arid and Semi-Arid Lands
ERS
Economic Recovery Strategy for Wealth and Employment Creation
GoK
Government of Kenya
ICT
Information and Communications Technology
IIED
International Institute for Environment and Development
MNKOAL
Ministry of State for Development of Northern Kenya and other Arid Lands
NARC
National Alliance Rainbow Coalition
NDDCF
National Drought and Disaster Contingency Fund
NDMA
National Drought Management Authority
NESC
National Economic and Social Council
NGOs
Non-Governmental Organizations
PTG
Pastoralists Thematic Group
SACCOs
Savings and Credit Cooperative Organizations
5
6
T
he arid and semi-arid lands of Kenya have much to offer our country. It is time that we looked
at them differently, recognizing their strengths and resources and understanding what makes
them distinct. By doing so, we will remove the injustices from which they have suffered for too
long, contribute to achieving our National development goals, and act in accordance with the spirit
and commitments of our Constitution1
1 Hon. Mohamed Ibrahim Elmi, Minister of State for Development of Northern Kenya and other Arid Lands, Foreword to the ASAL Policy,
p.x
1.Introduction.
Introduction
S
essional Paper No. 8 of 2012 on the National Policy for the Sustainable Development of Northern
Kenya and other Arid Lands was launched at a public function in Nairobi on 5th February
2013 presided over by the Minister of State for Development of Northern Kenya and other
Arid Lands. The ceremony marked the climax of a two decades long struggle for a national policy
instrument for the arid and semi-arid lands (ASALs). The institutional framework for the ASALs
was also launched at the same ceremony.
Adoption of the ASAL Policy is a critical achievement in terms of the institutionalization
of appropriate policy responses to the marginalization and underdevelopment of the ASALs. It
will probably be remembered as the most significant achievement of the Ministry of State for
Development of Northern Kenya and other Arid Lands (MNKOAL) created by President Kibaki
in April 2008. While announcing the creation of the new Ministry, the President reaffirmed his
commitment to direct more resources to the development of the ASALs “which have in the past
suffered neglect due to inadequate resource provisions and poor infrastructure”.
The ASAL Policy reinforces other positive policy options articulated in Kenya Vision 2030,
the Constitution of Kenya, 2010 and the National Land Policy. Together these documents constitute
a strong foundation for the sustainable development of the ASALs. Backed by the institutional
framework that the MNKOAL has promoted over the period of its existence, there now exists an
appropriate policy and institutional framework for addressing the livelihoods and development
challenges of the ASALs.
7
This Briefing Note presents the ASAL Policy, explains its main provisions, and analyzes how
they respond to critical challenges that have historically undermined the development of the ASALs.
It locates the ASAL Policy within the context of ongoing policy and institutional reforms underpinned
by the new constitutional dispensation introduced by the Constitution of Kenya, 2010.
8
The Briefing Note concludes that adoption of the ASAL Policy and institutional framework
signals the mainstreaming of ASALs concerns into the national development policy architecture a significant achievement that brings to fruition a quest spreading over two decades. However, it
cautions that the real challenge lies in implementation of the Policy in order to translate the positive
policy stipulations into programmes and projects that will deliver to the citizens the benefits that it
promises. In this connection, it recommends continued engagement of stakeholders with government
to support, monitor, and evaluate implementation of the Policy.
1.
T
ASALS IMPORTANT BUT MARGINALIZED SINCE COLONIAL TIMES
he ASALs cover nearly 90% of the country’s land mass and are home to nearly 30% of its
population. In addition, they hold approximately 70% of the national livestock herd and
are home to most of the country’s national parks that are the foundation of its thriving
wildlife tourism. Yet the ASALs have not received policy attention commensurate with their status
in the country. Instead, they have historically been marginalized in terms of resource allocation,
infrastructure development, social service delivery and economic transformation. Residents of the
ASALs have had little or no participation in political leadership and thus no opportunity to influence
policy decisions and actions in their favour.
The marginalization of the ASALs dates back to colonial times when government policy
was informed by imperatives of containment which saw much of area designated closed districts,
movement in and out of which was strictly regulated. The colonial government used laws such as the
Outlying Districts Ordinance, 1902 and the Special Districts (Administration) Ordinance, 1934 to
restrict movement into and out of the territory that now constitute the counties of Wajir, Mandera,
Garissa, Isiolo, Marsabit, Tana River, Lamu, Samburu, and Kajiado.
This approach to the ASALs continued well into the era of independence. Indeed, for ASALs
that lie within North Eastern Province, the situation worsened with independence, as the new
government introduced measures to counter the threat of Somali secession. The measures included
declaration of a state of emergency, which would last for nearly three decades, providing an excuse
for pervasive violation of human rights, marginalization and underdevelopment. Ultimately, the
state of emergency came to define the relations between government and citizens in North Eastern
Province.
Post-colonial marginalization of the ASALs was institutionalized in Sessional Paper No. 10
of 1965 on African
Socialism and its Application to Planning in Kenya, which focused
national
economic development strategies towards agriculture, investing
resources in the so-called high potential areas.
The Sessional Paper made a deliberate policy choice to starve
the ASALs of resources (see Box). As a direct consequence of
this marginalization, the ASALs were at the beginning of the 21st
Century characterized by the poorest indicators in all spheres of
social and economic development. The areas lacked physical
and social infrastructure, were poorly integrated into the
national economy, and local citizens felt isolated and alienated
from the rest of the country.
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2..
G
POLICY SHIFTS IN FAVOUR OF THE ASALS
overnment began to acknowledge the need for special attention to the ASALs in development
planning in the 1990s thanks in large measure to pressure from civil society organizations.
Thus, pastoralism was identified as a separate theme in the preparation of the Poverty
Reduction Strategy Paper and a Pastoral Thematic Group established to work on the specific concerns
and strategies for addressing poverty among pastoralists. The Group developed a Pastoral Poverty
Reduction Strategy the key tenets of which were ultimately incorporated into the PRSP, marking the
first time specific attention was paid to pastoralist concerns in a national development policy.
2.1.
10
NARC and ERS
However, it was with the publication in June 2003 of the Economic Recovery Strategy for Wealth
and Employment Creation 2003-2007 (ERS) by the National Alliance Rainbow Coalition (NARC)
government that the policy shift over the ASALs became most manifest. The ERS acknowledged
the failure of past governments to confront development challenges of the ASALs, highlighted the
potential of the ASALs in livestock production, fishing, mining, tourism development, trade and
industry, and identified challenges to be addressed in order for the potential to be realized.
2.2.
Kenya Vision 2030: ASALs integral to inclusive development
Kenya Vision 2030 was published and came into operation even as the constitutional review
process was ongoing. Its three pillars of economic, social and political governance are of direct
relevance to the ASALs. The economic pillar seeks to achieve and sustain an average economic
growth rate of 10 per cent per annum. The social pillar seeks “to create a just, cohesive and equitable
social development in a clean and secure environment”; while the political pillar seeks to build “an
issue-based, people-centered, result-oriented and accountable democratic system” in Kenya (GoK,
2007: vii). All these are objectives which, if realized and applied to the ASALs, will address their core
livelihood and development challenges.
Vision 2030 recognizes the importance of livestock production in the ASALs and seeks to
exploit the potential for the benefit of the region and the national economy at large. In this connection,
it asserts that:
The arid and semi-arid lands (ASAL), representing 84 per cent of the total land mass of the
country, remain largely underexploited. There are 24 million hectares in the ASAL that can
be used for livestock production, but only 50 per cent of the carrying capacity of the land is
currently being exploited. Additionally, there are 9.2 million hectares in ASAL which have
the potential for crop production if irrigated. This irrigable area is equivalent to the total
farmland in high and medium potential areas in the country.2
It is however the social pillar of Vision 2030 that most clearly articulates and demonstrates the
vision of inclusion that is so integral to the mainstreaming of the ASALs into national development.
In order to build “a just and cohesive society that enjoys equitable social development in a clean and
healthy environment”, the Vision proposes major interventions to promote social development.
These interventions are focused on the very areas in which the ASALs have continued to manifest
poor indicators, including education; health; water and sanitation; the environment; housing and
urbanization; gender; youth; sports and culture. The Vision makes special provisions for previously
marginalized communities, who are identified to be predominantly communities living in the ASALs.
p. 42
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2.3.
Constitution of Kenya 2010: a constitutional foundation for ASALs development
All the foregoing reforms are now firmly grounded in the Constitution of Kenya, 2010. The
Constitution sets out to put an end to the poor governance and widespread inequity that characterized
the country’s recent history. Its preamble asserts the “the aspiration of all Kenyans for a government
based on the essential values of human rights, equality, freedom, democracy, social justice and the rule
of law”. These aspirations have a particular resonance with pastoralists and agro-pastoralists living
in the ASALs, who have historically been denied these values through systematic marginalization by
successive governments.
12
Specific provisions of the Constitution address marginalization generally and with reference to
the ASALs. These include Article 56 and Articles on devolved government. Also relevant are the
provisions of chapter 5 of the Constitution on community land.
Articles 56 and 174: Affirmative Action, Devolution address historical marginalization
Article 56 provides for affirmative action to redress historical
marginalization, effectively providing constitutional backing to
strategies for addressing the historical marginalization of the
ASALs and bringing them to par with the rest of the country. It
provides a strong grounding for the ASAL Policy.
Equally relevant are provisions of the Constitution on devolved
government. Article 174 enumerates objects of devolved
government that include “to protect and promote the interests
and rights of minorities and marginalized communities” and “to
ensure equitable sharing of national and local resources throughout Kenya”. “Marginalized communities”
are defined by the Constitution to include “pastoral persons and communities, whether they are (i)
nomadic; or (ii) a settled community that, because of its relative geographic isolation, has experienced
only marginal participation in the integrated social and economic life of Kenya as a whole”3.
Article 204: Equalization Fund
Article 204 of the Constitution creates an Equalization Fund “into which shall be paid one
half per cent of all the revenue collected by the national government each year”. The Fund shall run
for at least 20 years and be used “only to provide basic services including water, roads, health facilities
and electricity to marginalized areas” to bring the quality of those services in those areas to the level
generally enjoyed by the rest of the nation.
Article 63: Community Land
Finally, the Constitution recognizes community land that includes land used for grazing. It
provides that community land “shall vest in and be held by communities identified on the basis of
ethnicity, culture or similar community of interest”. This provides a constitutional foundation for
strengthening communal land rights that are critical for the functioning of the pastoral and agropastoral systems of the ASALs. The provisions of the Constitution on land reinforce the National
Land Policy, which was adopted in 2009. The process of enacting implementing legislation to give
effect to the land provisions of the Constitution as well as the National Land Policy is underway.
Three laws have been enacted, and a Ministerial Task Force is presently drafting the fourth law
to govern community land.
3 Article 260
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3.
T
THE ASAL POLICY: AN ANALYTICAL PRESENTATION
he ASAL Policy is divided into seven chapters and contains two
annexes. The first three chapters are introductory, providing
information on the ASALs including their geographical
coverage, key characteristics and status. The substantive chapters
present the goal and objectives, elements, institutional and legal
framework, and financing. Annex 1 presents key policy interventions
organized by objective; while Annex 2 presents policy interventions
organized by sector (see Box).
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3.1.
Introductory chapters: setting the stage
The Introduction restates the poor development indicators and high
incidence
of
poverty in the ASALs, and attributes this to the wrong policy choices associated with Sessional Paper
No. 10 of 1965. It affirms that the government has since 2003 demonstrated renewed commitment
to the development of the ASALs. A strong rationale for integrating the ASALs into the national
economy is made in the following terms:
The Government recognizes that Kenya will not achieve sustained growth in her economy
and progress as a nation if the ASALs are not appropriately factored into national planning and
development. Trickle down approaches from areas which already have more favourable investment
climates have not worked; moreover the potential for significant growth in these areas is now limited.
The geographical coverage of the Policy is Northern Kenya and other Arid Lands, which cover the
totality of the ASALs, constituting nearly 90% of the country. In addition to specifying the geographical
coverage of the Policy, chapter 2 provides detailed explanation of the terms ‘ASALs’, ‘pastoralism’ and
‘Northern Kenya’.
The situation analysis in chapter 3 of the Policy sets out to
illustrate the extent of inequality as between the ASALs and the
rest of the county and to highlight the gains for the country if the
inequalities are removed and the ASALs brought into the mainstream
of the national economy. The chapter presents comparative data
and indicators from official sources on human development indices,
infrastructure, education, and health. In all these the ASALs compare
miserably with the rest of the country.
The chapter highlights the potential of the region in terms of its strategic position, trade,
livestock, tourism, natural wealth, pastoralists’ experience of managing
climate variability, and urban development. All these are discussed in
terms of their potential for enriching not just the lives of the residents of
the ASALs, but also the entire national economy.
3.2. Goal and objectives of the policy
The ASAL Policy is underpinned by a delicate balance between the
quest for rapid development and the need to maintain and support the
unique livelihoods system that best utilizes the variable ecological conditions of the region. This
delicate balance is well articulated in the goal and objectives (see Table)
15
16
Goal
To facilitate and fast-track sustainable development in Northern Kenya and other arid lands by
increasing investment in the region and ensuring that the use of those resources is fully reconciled
with the realities of people’s lives
strengthen
the
improve
the to develop alternative to
to strengthen the to
integration
of enabling environment approaches to service climate resilience of
development delivery, governance and communities in the
Northern Kenya and for
other arid lands with in Northern Kenya public administration ASALs and ensure
accommodate sustainable livelihoods
the rest of the country and other arid lands which
and mobilize the by establishing the the specific realities of
resources necessary necessary foundations Northern Kenya and
pastoral areas
to ensure equity and for development
realize the region’s
potential
3.3.
Elements of the policy: specific interventions to realize the objectives
Chapter 5 of the Policy details the policy options for realizing the 4 objectives. For each objective
there is a long list of policy and operational interventions, reflecting the enormity of the challenges
facing the ASALs.
To Strengthen National Integration, Cohesion And Equity
In order to strengthen national integration, cohesion and equity, the government commits to
implement a programme of education and social change to build mutual understanding between the
people of Northern Kenya and other Kenyans. At the local level, it shall ensure that the Equalization
Fund and other constitutional measures for addressing marginalization deal with particular challenges
of the ASALs; that fiscal measures are implemented to attract private sector investment into core
resources, social and economic infrastructure in the ASALs, and that all investments and economic
development projects protect the environment, provide compensation where
required and deliver maximum benefit to local communities
and the country at large.
Laying foundations for development: infrastructure, human
capital, security and the rule of law
For purposes of improving the enabling environment for development in the ASALs, the
Policy proposes interventions in infrastructure, human capacity, and security and the rule of law.
Of the three, infrastructure has the longest list of interventions, no doubt reflecting both its critical
role and the great need. The interventions to which the government commits in order to improve
infrastructure are: to develop and maintain an integrated, safe and efficient road, rail and air transport
network; invest in water harvesting and supply as well as irrigation infrastructure; improve water
and sanitation infrastructure; harness renewable energy; expand access to power and ICTs; organize
urban development in a manner that is sustainable and secures grazing and water rights; develop a
cost-effective housing strategy; climate-proof infrastructure investment; and enhance private sector
participation in infrastructure development.
The Policy commits the government to the strengthening of human capital across all sectors
that are essential for improving the update of development in Northern Kenya and other arid lands.
Specifically, government undertakes to: develop and improve appropriate infrastructure for education,
training and healthcare; increase the number of appropriately trained education, health
and nutrition professionals; introduce affirmative action for
people from Northern Kenya and other arid lands, particularly
17
women, to enter all public training institutions; target
a percentage of bursaries for tertiary and university
education at students from these regions; address
issues that disproportionately affect the education,
health and nutritional status of girls and women; and ensure that the health, agriculture, livestock
and education sectors fully incorporate nutrition considerations in their programmes and policies.
18
With respect to security and the rule of law, the government commits to: put in place
comprehensive measures to end livestock raiding and inter-communal violence; enhance the
presence and capacity of security and justice systems; strengthen traditional systems of governance
and alternative dispute resolution; enact and implement the National Peace Building and Conflict
Management Policy; apply conflict sensitive approaches to development; ensure that all interventions
in the region are planned and implemented with due regard to local values and priorities; put in
place measures to minimize human-wildlife conflicts; and develop mechanisms with neighbouring
countries for sustainable peace and security.
Alternative approaches to service delivery, governance and public administration
The Policy argues for a different approach to service delivery, governance and public
administration for Northern Kenya and other arid lands, taking into account the nature of settlement
and social organization. In particular, the Policy stipulates an alternative approach to provision of
public services and delivery of education and health services. In this connection, mobility is a key
consideration in the design of approaches to service delivery, governance and public administration.
In the same vein, the role of traditional systems of governance and administration in pastoral societies
needs to be taken into account given their abiding relevance and influence. The Table below presents
the interventions the governments commits to in this regard.
General
1. recognize, through legislation,
pastoralism as a legitimate form
of land use and development and
incorporate the value of dryland
goods and services within
national economic planning
2. reconcile the electoral system
with the realities of arid and
pastoral areas
3.
ensure
that
devolved
structures
accommodate
mobility and resource-sharing
across administrative boundaries
and draw on the knowledge
and experience of customary
institutions
4. explore innovative ways of
enhancing security and access to
justice in arid and pastoral areas
5. integrate the specific needs
and circumstances of pastoralist
youth, both women and men,
within national youth policies
and strategies, and develop
youth-friendly social services
Education
1. introduce flexible education systems
of high quality which are responsive the
needs of the area and which reinforce
traditional knowledge systems
Health
1. Introduce flexible health
systems of high quality
which are responsive to the
needs of the area
2. promote the use of appropriate 2. Promote the use of
ICTs and other technologies in service appropriate ICTs and other
delivery
technologies in service
delivery
3. Revise the Education Act to incorporate 3. Adapt community-based
alternative ways of providing education health systems for remote
services to nomadic communities, such and mobile populations,
as distance and mobile education
and integrate these with
animal health systems
where appropriate
4. Establish the National Council on 4. Introduce a health
Mobile Education
insurance scheme tailored
to the needs of pastoralists
5. Expand adult literacy services,
particularly for women
19
Strengthening climate resilience and ensuring sustainable livelihoods
The Policy seeks to strengthen the resilience of ASAL communities to drought and other
climate related disasters. Interventions for this purpose target drought management and climate
change, land and natural resource management, livestock production and marketing, dryland farming,
livelihood diversification, and poverty and inequality. The interventions will support production and
livelihoods, but in a manner that takes cognizance of the specific needs of the ASALs.
20
To reduce the effects of drought and climate change on ASAL communities, the government
shall: establish the National Drought Management Authority (NDMA) and the National Drought and
Disaster Contingency Fund (NDDCF), and ensure timely activation of contingency plans; gazette
and manage emergency drought reserve areas and encourage the development of buffer areas of crop
and forage production as part of contingency planning; mainstream climate change foresight and
adaptation into planning; strengthen community strategies for adaptation to climate and disaster risk
reduction and management; and explore opportunities for communities to benefit from bio-carbon
initiatives.
To ensure sound land and natural resource management, the government commits to:
reinforce the authority of traditional natural resource management institutions; protect and promote
indigenous knowledge and practice, promote environmental education and awareness, and intensify
environmental conservation efforts; protect and increase forest cover, riverine forests and critical water
catchment areas in the ASALs; eradicate undesirable invasive species; promote low maintenance watertechnology with an emphasis on water harvesting; ensure the interests of pastoralists, particularly
pastoralist women, are adequately and appropriately addressed in new land laws and institutions in
accordance with the National Land Policy.
The Policy puts great emphasis on strengthening of the livestock sector. It is thus not surprising
that livestock production and marketing should have the highest number of propose interventions.
Eleven interventions are specified covering animal health, livestock marketing and value addition.
Government undertakes to: reform veterinary legislation to allow Community-Based Animal Health
Workers to treat livestock; develop more pragmatic measures for veterinary quarantine; strengthen
disease control and surveillance; rehabilitate livestock marketing infrastructure; facilitate establishment
of public-private partnerships between communities and local authorities; develop policy to recognize
and facilitate cross-border livestock trade and movement; establish the Kenya Livestock Marketing
Board; establish measures to extend finance to livestock producers, especially women; ensure that
livestock-based food products enter the national food reserves; strengthen research and extension
systems which are relevant to the livelihoods of ASAL livestock-keepers, including women; and
introduce livestock insurance schemes, particularly for pastoralist communities.
The Policy intends to promote dryland farming as a means of boosting food security in the
ASALs. In this connection, government commits to: strengthen research and extension relevant
to rain-fed crop production; promote water harvesting to ensure food security; increase access to
skills and technologies for community-based irrigated agriculture; promote improved practices in
post-harvest storage and management; strengthen market linkages between lowland and highland
economies; and establish mechanisms to extend affordable finance to smallholder farmers, particularly
women.
To promote livelihood diversification, the government will: support livelihood diversification
strategies which add value within the livestock sector and complement livestock production; facilitate
production and marketing of dryland products; increase benefits to communities from tourism; and
promote formal and informal job creation.
21
Finally, to reduce poverty and inequality in Northern Kenya, the government will: expand social
protection; develop and support financial services and products appropriate to the region; develop and
support income-generating activities that strengthen the socio-economic position of women; develop
and strengthen producer and marketing organizations; encourage a culture of savings through the
promotion of rural SACCOs; use education to reduce the inequalities experienced by certain social
groups; increase the number of women in leadership, law enforcement and public service and deploy
more women to address issues that affect women; mainstream interventions which address the
specific situation of women and poor and vulnerable groups within all policies and programmes; and
promote and protect the rights of people with disabilities and people with HIV/AIDS.
22
4..
T
INSTITUTIONAL AND LEGAL FRAMEWORK
he Policy recognizes the need for effective planning and coordination of development activities
in Northern Kenya and other arid lands, and acknowledges that this has been lacking. To
address this, the government shall set up ASAL Transformation Structures, comprising, an
ASAL Cabinet Sub-Committee, an ASAL Inter-Ministerial Committee, an ASAL Stakeholders Forum,
and an ASAL Transformation Secretariat.
The ASAL Cabinet Sub-Committee to be chaired by the President or Deputy President will
provide policy direction and political support to ASAL development. The ASAL Inter-Ministerial
Committee will bring together Principal Secretaries in key sector ministries to provide leadership on
ASAL issues across the government. The ASAL Stakeholders Forum will bring together Government
and key stakeholders (UN agencies, development partners, NGOs and the private sector) to consult
periodically on interventions and promote coordinated action. It is expected to operate through
thematic sub-groups on food security, social services, and infrastructure. The ASAL Transformation
Secretariat shall provide technical and administrative support to the
ASAL Transformation Structures.
In order to strengthen these structures and institutionalize the
transformation of the ASALs, government will: establish a range of
institutions to provide continuity in ASAL development 4; establish
appropriate forums at all levels to bring together key actors to plan,
coordinate and harmonize development activities and resources; ring-fence all
development resources allocated to Northern Kenya and other arid lands; harmonize the
execution of ministerial and devolved budgets and locally generated revenue against a single county
development plan based on community-identified priorities; strengthen institutional capacity at all
levels to address capacity challenges of devolved institutions in the arid lands; draw up a comprehensive
human resource policy and strategy for Northern Kenya; expand the number of research and training
institutions that are responsive to the needs of the ASALs; and strengthen the provision of policy
research and analysis from an ASAL perspective.
5..
F
FINANCING
inancing is critical for instituting and sustaining the interventions planned under the Policy.
Chapter 7 of the Policy lists financing interventions most of which have already been articulated
within the framework of specific objectives. The government undertakes to: demonstrate
leadership in putting the foundations of development in place; ensure the Equalization Fund and
other constitutional measures for addressing marginalization deal with particular challenges facing
4 The institutions listed in the Policy are: National Drought Management Authority, National Drought and Disaster Contingency Fund,
National Council on Nomadic Education, Northern Kenya Education Trust, Livestock Marketing Board, and Northern Kenya Investment
Fund
23
Northern Kenya and other arid lands; ring-fence all development resources allocated to Northern
Kenya and other arid lands; promote public-private partnerships; encourage stronger harmonization
and alignment of finance from development partners against the objectives of the ASAL Policy;
develop fiscal and other incentives to attract private sector investment into Northern Kenya and other
arid lands; establish a Northern Kenya Investment Trust Fund; and develop appropriate mechanisms
to manage the wealth from ASAL resources for the benefit of present and future generations.
6.
24
I
REALIZING BENEFITS OF THE ASAL POLICY: CHALLENGE TO
STAKEHOLDERS
mportant and ground-breaking as the adoption of the ASAL Policy is, the real test lies ahead in
its implementation. It is only through implementation that the communities living in Northern
Kenya and other arid lands will get to realize the benefits that the Policy promises. Policy
implementation has always been a major challenge for the government of Kenya. Many good policies
have been launched with fanfare only for little or no action to be taken thereafter. The challenge is
likely to be even bigger in the case of the ASAL Policy given the huge resource outlay needed to
reverse the effects of years of marginalization.
In the circumstances, significant political mobilization will be needed to push for
implementation. That will require substantial investment in creating awareness and promoting buyin from major stakeholders. The extent to which citizens of the ASALs understand the Policy and
engage with the institutions created by it to ensure that they deliver on their mandates will be critical
for implementation of the Policy. Fortunately, adoption of the ASAL Policy was itself a collaborative
effort involving many of the same stakeholders that will be needed to push for its implementation. It
should therefore not be too difficult to mobilize them for this purpose.
Beyond political mobilization and capacity building for citizens to make demands on duty
bearers to deliver on the promise of the Policy, the following additional strategies and actions are
recommended to push for the implementation of the policy:
• Political and technical empowerment for devolved structures and communities on devolution
and how to make it work for local development. This will entail supporting the County
Executives and Assemblies in Northern Kenya and other arid lands to improve technical and
political skills for effective performance of their functions. This will enable them to engage
with national government and development partners in and informed and meaningful way and
negotiate effectively for resources to develop these counties.
• Transfer of adequate financial and human resources to the counties to enable them exercise
the powers and responsibilities transferred them in an effective and sustainable manner for the
benefit of local communities.
• Effective engagement with Senators, Members of the National Assembly and other stakeholders
to pressure the national government to support the full implementation of the Policy.
• Networking among pastoralists and with other groups to create a critical mass for purposes of
influencing decisions of the national government and other actors in support of the Policy.
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Endnotes
Republic of Kenya, 1965. Sessional Paper No. 10 of 1965 on African Socialism and its Application to
Planning in Kenya. Nairobi: Government Printer
Pastoralist Thematic Group (PTG), 2001. Pastoral Poverty Reduction Strategy
Republic of Kenya, 2003. Economic Recovery Strategy for Wealth and Employment Creation, 20032007. Nairobi: Ministry of Planning and National Development
26
Government of the Republic of Kenya, 2007. Kenya Vision 2030. Nairobi: Ministry of Planning and
National Development and the National Economic and Social Council (NESC), Office of the
President
Republic of Kenya, 2010. The Constitution of Kenya, 2010. Nairobi: The Government Printer
Republic of Kenya, 2009. Sessional Paper No. 3 of 2009 on National Land Policy. Nairobi: Ministry
of Lands
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