Source: The Star
There is optimism in Kenya after the assumption of office by President H.E Uhuru Kenyatta and the Deputy President William Ruto. The positive story is backed by a comprehensive Jubilee manifesto, progressive constitution and the country's Vision 2030, what remains is the heavy task of implementation.

The implementation efforts will receive impetus as the country marks 50 years of independence, the jubilee anniversary. Women and youth in Kenya want to celebrate 50 years with their own stand alone ministry led by one of their own, a young female cabinet secretary. This is not too much to ask and we have reasons to back the proposal.

The implementation work of the executive arm of government is carried out by the cabinet consisting of the President, Deputy, Attorney General and 14 to 22 cabinet secretaries nominated by the President with the approval of the National Assembly.

The President and the Deputy nominated 16 men and women to serve as cabinet secretaries in various ministries; they still have 6 slots to get to maximum.

Looking at youth expectations and gender concerns it is apparent that the Ministry of Gender, Youth and Child Development is necessary. Kenya is a young democracy; it should not leap to terms like mainstreaming.Not many people understand the term mainstreaming. This is what may happen to the cabinet secretaries.

A task for all of us is sometimes a task for none of us and flies against performance contracting. During the vetting process of the cabinet secretaries none of them came out clear on the issue of mainstreaming youth and gender issues. Infact the report of the committee is nil on the matter. No reference at all is made to gender matters.

In Kenya, ministries are spending units. A stand alone ministry attracts funding. It is not clear without a ministry where the hefty funds required for gender and youth matters would be housed.

Is it the Ministry of Devolution and Planning? The budget estimates have an allocation for gender and social development but it is a large ministry. There doesn't seem to be much of gender and youth matters in the Ministry of interior which is understandable given the many issues with insecurity.

The Annual Budget Estimates of 2013/14 kindly under review in the Parliamentary stage show a complete about turn from the mainstreaming idea. The funds allocated for gender and social development, youth and children matters are found in the Ministry of Devolution and Planning.

Given the new animal in the room called devolution and the amount of time and effort required to streamline operations it is doubtful if the Ministry will be able to handle the added workload. The funds set aside for gender development, youth and children matters are sufficient for constitution and operationalisation of a stand-alone ministry.

Kenya has to benchmark with international best practise and international obligations. Most countries in the region retain the Ministries of Gender; Lesotho, Ghana, Zimbabwe, Botswana.

The Ministry of Gender that we had was the first in the country so if we are to judge its performance we need to be realistic on the level of funding compared to more established ministries of Education, Health and Agriculture.

A new ministry would not run as fast especially if under-funded and under-capacitated. The answer to these problems was the promising political will we have with the Uhuru, Ruto administration, more funding to the Ministry and the appointment of visionary, able and qualified cabinet secretary to head it.

This Ministry of Gender, Youth and Child Development would be able to work with the Advisor on such matters based in the President's Office and the National Commission on Gender and Equality.

Article 59 commissions do not have an implementation mandate. They can advise, recommend, investigate, oversee but they cannot implement answers and solutions.

That is the mandate of the Executive and cabinet. The fear is that, these advisors do not attend cabinet meetings. Who will champion gender and youth matters and necessary action in cabinet meetings?

Another reason why we need the Ministry of Gender, Youth and Child Development is the linkage of Legislature and the Executive. There are many laws that need to be introduced before Parliament for enactment after adoption by Cabinet, who would take charge of such bills, policies and legislation?

The Family Protection Bill/Domestic Violence Bill, The Marriage Bill, The Matrimonial Property Bill, The Bill required under Article 27 to fulfil the 2/3 gender rule as advised by the Supreme Court with deadline of 2015. In the absence of a cabinet secretary in charge of gender and youth matters it is not clear who would prepare these bills.

Further when the laws are passed it is not clear who would take charge of implementation. There are youth legislations that need to be introduced, for instance the legal framework to operationalize the 30 per cent allocation quota of government tenders for the youth.

In view of the punitive criminal law in Kenya that targets some offences around looking for livelihood like touting, the penal code should be revised. Who would take up that?

Expecting the Attorney General to introduce these bills will lead to frustrations as we still have some pending prioritised laws by the constitution in schedule five.

In any case the Attorney General needs to handle his part of reforms like quick incorporation of companies. Rwanda gets it done in 1 day, Kenya over 14 days. Further, the Attorney General office will take over Justice ministry.

What is happening at the national level is bound to be replicated at the county level. Once the Ministry of Gender was omitted at the national level many counties followed suit and omitted it. This is a gross mistake especially in counties with age old traditions like FGM and early girl marriage coupled with low education levels.

The last part on child development is added as it complements the youth programmes and covers both boy and girl child. The boy child needs to be looked after; especially the one won has been won over by drug and alcohol abuse.

Children issues are not just education thus need to have another department that looks at best interests of the child in wholesome. In the event that such a ministry is not created there will be need to ensure that a facilitative mechanism is adopted to ensure attention is paid for delivery of promises to women and youth.

Collectively the trio issues of gender, youth and child development would bring into the fold other departments and commissions for supervision by the ministry, its parastatals.

The second best option is appointment of a principal secretary under Article 55 in charge of a state department on youth and gender under the Ministry of Interior where the President is the substantive minister and the buck will stop with him.

It is better to push the mainstreaming idea from the Ministry of Interior. Further, the cabinet slots should not be filled up so that in a year's time we have an option available of creating the Ministry should we fail to track the realisation of quick wins for the women and youth under a mainstreaming approach.

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