Ministry of Education State Department of Basic Education

Public Disclosure Authorized

Public Disclosure Authorized

Public Disclosure Authorized

SFG3503

REPUBLIC OF KENYA Ministry of Education State Department of Basic Education.

SECONDARY EDUCATION QUALITY IMPROVEMENT PROJECT (SEQIP) VULNERABLE AND MARGINALIZED GROUPS FRAMEWORK (VMGF) Prepared by: Dr. Joash Migosi, PhD, Allan and Associates Limited Box 17460-00100 Tel: +254723869169 Email: jmigosi@ July, 2017

Public Disclosure Authorized

Table of Contents

ABBREVIATIONS

iv

EXECUTIVE SUMMARY

vi

Project Area

vii

Project Beneficiaries

viii

1.0. INTRODUCTION

1

1.1. Sectoral and Institutional Context

1

1.2. Higher Level Objectives to which the Project Contributes

3

1.3. Relationship to CPS and NESP

4

2.0. PROJECT DESCRIPTION

6

2.1. Project Description

6

2.2. Project Development Objectives

6

2.3. Project Area

6

2.4. Project Components

6

2.5. Project Beneficiaries

19

2.6. Vulnerable and Marginalized Group Framework(VMGF)

19

2.7. Project Institutional and Implementation Arrangements

20

3.0. METHODOLOGY FOR THE PREPARATION OF THE VMGF

24

3.1. Detailed and in-depth Literature Review

24

3.2. Public Consultation

24

3.3. Preparation of VMGF

27

4.0. OVERVIEW OF THE VULNERABLE AND MARGINALISED GROUPS IN KENYA 30

4.1. Vulnerable and Marginalized Peoples in Kenya

30

4.2. Brief Highlight of VMGs in Kenya

30

4.3. Location of VMGs in Kenya

39

4.4. Education of the VMGs in Kenya

41

5.0. RELEVANT LEGAL FRAMEWORK AND REGULATIONS

43

5.1. Definition and Treatment by the African Commission on Human and Peoples Rights (ACHPR)

43

5.2. Definition and Treatment by the World Bank's Policy

43

5.3. VMGs and 2010 Constitution of Kenya Legal and Policy Frameworks

44

5.4. Other Legal and Policy Provisions that Facilitate Operationalization of OP 4.10

45

5.5. GAP ANALYSIS

46

6.0 KEY ISSUES AND POTENTIAL IMPACTS OF THE PROJECTON VULNERABLE AND

MARGINALIZED GROUPS

48

6.1. Key Issues Encountered by VMGs

48

6.2. Potential Beneficial Impacts

48

6.3. Potential Adverse Impacts

49

6.4. Proposed Mitigation Measures

49

7.0. FRAMEWORK FOR ENSURING FREE, PRIOR AND INFORMED CONSULTATION 54

7.1. Free, Prior and Informed Consultation

54

7.2. Component Investment Screening

54

7.3. Preparation of Social Screening Form

55

7.4. Social Assessment Process

56

7.5. Methodology for Social Assessment

56

7.6. Strategies for Inclusion of Women and Youth

60

7.7. Impact Identification Including Long Term

60

7.8. Determination of Mitigation Measures

60

7.9. Capacity Building

60

7.10. Bank Decision on Sub Project Investments

60

ii

8.0. STRATEGY FOR PARTICIPATION AND CONSULTATION WITH VULNERABLE AND

MARGINALISED GROUPS

62

9.0. GRIEVANCES REDRESS MECHANISM

66

9.1. The Need for Grievances Redress Mechanism

66

9.2 Grievance Redress Process

67

9.3. Establishment of Grievance Redress Committee

67

9.4. Use of Alternative Dispute Resettlement Mechanisms

68

9.5. Further Redress-Kenya Court of Law

68

9.6. Complain Pattern

68

9.7. Grievance Log

68

9.8. Monitoring Complaints

69

10.0. MONITORING AND REPORTING ARRANGEMENTS

71

10.1. Participatory Impact Monitoring

72

11.0. DISCLOSURE ARRANGEMENTS FOR VMGF

74

12.0. BUDGET FOR VMGP IMPLEMENTATION

74

13.0. REFERENCES

75

14.0. ANNEXES

78

14.1. Social Screening Form

78

14.2. Proposed Pupils'/Students' screening Form

79

14.3. Contents of Vulnerable and Marginalized Groups Framework

80

14.4. Sample terms of reference for developing a VMGP

81

14.5. Three Point Rank Order System for VMGPs

85

14.6. Consultative Meetings List of Attendances, VMGs Photos

87

14.7. Questions, Comments and Answers during the VMGF Disclosure Workshop held on June 30,

2017 in KICD

110

14.8. List of Attendance during the VMGF Disclosure on June 30, 2017 in KICD

116

iii

ABBREVIATIONS

ASAL

Arid and Semi-Arid Lands

BoM

Board of Management

CBC

Competency Based Curriculum

COK

Constitution of Kenya

CEMASTEA

Center for Mathematics, Science, and Technology Education for Africa

CPS

Country Partnership Strategy

CSO

Curriculum Support Officers

DPC&D

Directorate of Project Coordination and Delivery

DFID

Department for International Development

ESMF

Environmental and Social Management Framework

FDSE

Free primary Education and Free Day Secondary Education

FPIC

Free, Prior and Informed Consultations

GoK

Government of Kenya

GRC

Grievance Redress Committee

GRM

Grievances Redress Mechanism

GPE

Global Partnership for Education

KCPE

Kenya Certificate of Primary Education

KCSE

Kenya Certificate of Secondary Education

KEMI

Kenya Education Management Institute

KICD

Kenya Institute for Curriculum Development

KISE

Kenya Institute of Special Education

KNEC

Kenya National Examination Council

KSE

Kenya School of Education

MOE

Ministry of Education

NESP

National Education Strategic Plan

PDO

Project Development Objective

TMSS

Textbook Management Support System

TPAD

Teacher Performance Appraisal and Development

TPD

Teacher Professional Development

SEQIP

Secondary Education Quality Improvement Project

TSC

Teachers Service Commission

USAID

United States Agency for International Development

VMGF VMGs VMGP

Vulnerable and Marginalized Groups Framework Vulnerable and Marginalized Groups Vulnerable and Marginalized Groups Plan

iv

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