Legal and Policy process in Kenya.


Legal and Policy process in Kenya.

APSP and its local platform in Kenya, the Social Protection Actors Forum (SPAF) have continued to engage with the legal and policy processes on social protection in Kenya. In 2018, through the support of FES Zambia ( Rights-Based Social Protection Project), APSP held a high-level policy engagement with Members of Parliament from the Departmental Committee on Labour and Social Welfare. This forum was key in enhancing the understanding of lawmakers and other stakeholders on the then proposed Social Protection Bill 2018. With support from legal experts, the workshop involved a clause by clause analysis of the Bill, and then gaps that were identified were packaged into a policy brief for further advocacy.

In 2019, the Ministry of Labour and Social Protection in Kenya developed a draft social protection policy, to guide the implementation of social protection programmes in Kenya. Through the Rights-based Social protection project, APSP supported the engagement of Civil Society Organizations in the policy discourse. Apart from holding a stakeholder meeting, APSP also had a meeting with the Social protection Secretariat, under the Ministry of Labour and Social Protection to share the outcomes of the stakeholder forum.

At the end of 2019, the National Treasury began a process of establishing a Social Assistance Fund, under the Public Finance Management Act 2012. APSP ad its partners submitted a memorandum to the National Treasury on the proposed regulations establishing the fund under the National treasury.

In 2020, the Ministry of Labour and Social Protection June 2020  tabled a bill in Parliament, repealing the Social Assistance Act 2013, and establish a Social Assistance Fund under the Public Finance Management Act 2012.  The Parliament of Kenya requested submissions on this process in July 2020. APSP and the local stakeholders held webinars to develop a common position on the draft (Repeal) Bill. The stakeholders drafted a memorandum which was also shared with the Clerk of the National Assembly as well as other stakeholders.

APSP is working closely with a team of legal experts in strengthening the participation of civil society actors in this process. Since the legal and policy process is continuous, there is a need for continuous technical support by the legal experts.


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