The Kenya Diaspora Bill: Breaking Grounds

To All Kenyans abroad:

As we are all aware, our dreams to have a new constitution that would have guaranteed Dual Citizenship for Kenyans abroad were shuttered on 21st November 2005, when Kenyans rejected the proposed new constitution babtized "The Wako Draft'.

Since then, the question has been asked, "what next for Dual Citizenship" after the failure to get a new constitution? The rejection of the Bill looks like it has turned out to be a blessing in disguise for the Kenyans in the Diaspora.

KCA ,through the Kenya chapter, and in collaboration with suuporting organizations (special mention to Africa Brain Gain) took the challenge and engaged the government at various forums to come up with a strategy to fulfill "the dream" for the Diaspora.

The first of these initiatives was pegged on idientifying cheaper means for the Kenyans abroad to remmit finances back home, naturally, money first. The Kenya Diaspora Remittance Facilitation Committee (DREFCO) was established and was domiciled in the Ministry of Labour, under the Chairmanship of the then PS, Ambasador Nancy Kirui.

Among those in membership were, Central Bank of Kenya, Kenyan Investment Authority, Export Promotion Authority, Africa Brain Gain- Kenya, Tourist Board, The Postal Corporation, National Bank of Kenya, All line Ministries( foreign Affairs, Planning, Finance, Immigration, etc). KCA had a seat on that committee, and always sent a representative. The major achievement of this committee was that it was able to screen several financial/banking institutions and come up with a program whereby Kenyans abroad will be able to remmit money back home in bulk at "Zero cost"; effectively throwing the Western Unions out of the business.

KCA through it's investment arm, Kenyans Abroad Investment Fund (KAIF) is at an advanced stage of putting together the system, which includes, National Bank as the remitting Bank, Cooperative Bank as the Custodian Bank, KCB as the trustee to the fund. This being a collective fund, and therefore strictly regulated, necessary licenses are in the process of being acquired to officially kick off the project. Amana Capital are the KAIF fund managers.

DREFCO committee was transfered from Ministry of Labour to the Ministry of Planning which is more inclusive with its broad mandate of "Coodinating Ministry" for all ministries.

Meanwhile the Ministry of Youth in collaboration with the Ministry of Labour and Foreign Affairs, and again Planning in the coordinating role, held a conference in April 2006 on "Youth Labour Export". KCA was invited to participate in the conference and to provide a Key note address discussant on the subject of export labour challenges abroad.

Out of this conference KCA was requested to work with the Ministry of Youth as a resource organization in the endevour to facilitate the foreign employment initiative. A committee, Diaspora Remittances and Foreign Employment Committee was establish to merge the DREFCO initiative and the Foreign Employment agenda. This Committee was chaired by the Permanent Secretary, Ministry of Planning, Dr. Sambili.

Another parallel committee "Kenya Diaspora Affairs Steering Committee" was formed out of a Conference hosted in August 2006, jointly by the Ministry of Planning and Development and the Kenya Private Sector Alliance(KEPSA). The Conference theme was Mainstreaming the SMEs (Small and Medium Enterprises) and the Diaspora in the Kenyan Economy.

KCA, through it's Kenyan office again participated fully in this conference held at the KICC ; including delivering one of the key papers on "Mainstreaming the Kenyan Diaspora in National Economy". KCFA( Kenya Christian Fellowship in America) and KDNC(Kenya Diaspora Network Council) participated in the conference. The main outcome of this conference was to establish a vehicle to coordinate the effecting of the conference resolutions which included, establishing a Diaspora Council and Secretariat and a Policy Framework to a structured relationship between Kenyans in the Diaspora and Kenyans at home.

This committee brought together again all players in The DREFCO committee with KEPSA assuming a steering role, under the Chairman of KEPSA, Lee Karuri, while Ministry of Planning has the coordinating role. KCA had a sat on this committee too and attended all meetings . This Committee came up with the proposal for a Kenya Diaspora Bill 2007 and a draft sessional paper. The Diaspora in the committee was represented by KCA, KDNC and KCFA. The draft sessional paper is uploaded in the KCA Files. The draft was presented to the PS Planning on the 28th Nov, 2006.

In January 2007, the PS Planning, Dr. Edward Sambili proposed that all committees dealing with Diaspora issues be collapsed into just one committee; and that happened in a meeting in Early March, 2007. Dr. Sambili chairs that inclusive committee and KCA is a key member of the same.

At present, there is a proposed workshop in May for the technical group of the committee to refine the Sessional paper for distribution to all stakeholders for feedback.

The Ministry of Planning, in its role as the coodinating Ministry handles all Sessional papers and effects the process through the Attorney General Office, of converting the same into Bills to be taken to Parliament for debate and passing. Before a Sessional Paper is made into a Bill, a "Cabinet memo" on the proposed sessional paper must be presented to the Cabinet for approval. After the approval, the Sessional paper is then finalised and forwarded to the AG's office to be "coverted" into a Bill.

The Minister of Planning, Hon. Henry Obwacha, whose ministry it was consultatively agreed will present the Kenya Diaspora Bill Sessional Paper-Cabinet Memo to the Cabinet, as soon as Dr. Sambili presents him with the same. Hopefully mid May. Hon. Obwacha or Hon. Vice President Moody Awori will move the Kenya Diaspora Bill 2007 in Parliament. When passed by the Parliament, the Bill will be taken to the President for signing into law.

KCA is calling on all the members to actively participate in debating the content of the Bill to give it a good critic and to take ownership of the same. The Draft sessional paper will also be circulated to other Kenyan organizations for input.

Sincerely,

Gichane Muraguri
Vice President
KCA Representative on the Committee