NGEC Mandate

Mandate of the Commission

The mandate of the Commission is to promote and ensure gender equality, principles of equality and non-discrimination for all persons in Kenya as provided for in the Constitution of Kenya 2010 with a focus on the following Special Interest Groups (SIGs): women, persons with disability, children, youth, older members of society, minority and marginalised groups.

Functions of the Commission

The functions of the Commission as provided for in Section 8 of the National Gender and Equality Act 2011 are to:

1Promote gender equality and freedom from discrimination in accordance with Article 27 of the Constitution.
2Monitor, facilitate and advise on the integration of the principles of equality and freedom from discrimination in all national and county policies, laws, and administrative regulations in all public and private institutions.
3Act as the principal organ of the State in ensuring compliance with all treaties and conventions ratified by Kenya relating to issues of equality and freedom from discrimination and relating to special interest groups including minorities and marginalized persons, women, persons with disabilities, and children.
4Coordinate and facilitate mainstreaming of issues of gender, persons with disability and other marginalized groups in national development and to advise the Government on all aspects thereof.
5Monitor, facilitate and advise on the development of affirmative action implementation policies as contemplated in the Constitution.
6Investigate on its own initiative or on the basis of complaints, any matter in respect of any violations of the principle of equality and freedom from discrimination and make recommendations for the improvement of the functioning of the institutions concerned.
7Work with other relevant institutions in the development of standards for the implementation of policies for the progressive realization of the economic and social rights specified in Article 43 of the Constitution and other written laws.
8Co-ordinate and advise on public education programmes for the creation of a culture of respect for the principles of equality and freedom from discrimination.
9Conduct and co-ordinate research activities on matters relating to equality and freedom from discrimination as contemplated under Article 27 of the Constitution.
10Receive and evaluate annual reports on progress made by public institutions and other sectors on compliance with constitutional and statutory requirements on the implementation of the principles of equality and freedom from discrimination.
11Work with the National Commission on Human Rights, the Commission on Administrative Justice and other related institutions to ensure efficiency, effectiveness and complementarity in their activities and to establish mechanisms for referrals and collaborations.
12Prepare and submit annual reports to Parliament on the status of implementation of its obligations under this Act.
13Conduct audits on the status of special interest groups including minorities, marginalized groups, persons with disabilities, women, youth, and children.
14Establish, consistent with data protection legislation, databases on issues relating to equality and freedom from discrimination for different affected interest groups and produce periodic reports for national, regional and international reporting.
15Perform such other functions as the Commission may consider necessary for the promotion of the principle of equality and freedom from discrimination; and perform such other functions as may be prescribed by the Constitution and any other law.

Constitutional Framework

The Constitution of Kenya 2010 has several provisions guiding NGEC in the implementation of its mandate. In particular, Article 10 on National Values and Principles of Governance includes: human dignity, equity, inclusiveness, equality, non-discrimination and protection of the marginalized.

The Commission's functions are aligned to the following articles:

Article 21(3) — Implementation of Rights

All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalised communities, and members of particular ethnic, religious or cultural communities.

Article 27 — Equality and Freedom from Discrimination

Every person is equal before the law and has the right to equal protection and equal benefit of the law. The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.

Article 43 — Economic and Social Rights

Every person has the right: (a) to the highest attainable standard of health, including reproductive health care; (b) to accessible and adequate housing and reasonable sanitation; (c) to be free from hunger and have adequate food; (d) to clean and safe water; (e) to social security; and (f) to education.

Article 53 — Rights of Children

Every child has the right to a name and nationality from birth, to free and compulsory basic education, to basic nutrition, shelter and health care, to be protected from abuse and all forms of violence, to parental care and protection, and not to be detained except as a measure of last resort.

Article 54 — Rights of Persons with Disabilities

A person with any disability is entitled to be treated with dignity and respect, to access educational institutions, to reasonable access to all places and public transport, to use Sign language or Braille, and to access materials and devices to overcome constraints arising from the person's disability. The State shall ensure at least five percent of members in elective and appointive bodies are persons with disabilities.

Article 55 — Rights of the Youth

The State shall take measures to ensure that the youth: (a) access relevant education and training; (b) have opportunities to associate, be represented and participate in political, social, economic and other spheres of life; (c) access employment; and (d) are protected from harmful cultural practices and exploitation.

Article 56 — Rights of Minorities and Marginalised Groups

The State shall put in place affirmative action programmes designed to ensure that minorities and marginalized groups participate and are represented in governance; are provided special opportunities in educational and economic fields and employment; develop their cultural values, languages and practices; and have reasonable access to water, health services and infrastructure.

Article 57 — Rights of Older Members of Society

The State shall take measures to ensure the rights of Older Members of Society to: (a) fully participate in the affairs of society; (b) pursue their personal development; (c) live in dignity and respect and be free from abuse; and (d) receive reasonable care and assistance from their family and the State.

Article 232 — Values and Principles of Public Service

The values and principles of public service include representation of Kenya's diverse communities; and affording adequate and equal opportunities for appointment, training and advancement at all levels of the public service to men and women, members of all ethnic groups, and persons with disabilities.

Kenya Vision 2030 & BETA

Kenya Vision 2030

Kenya's long term development blueprint: Vision 2030 aims to transform Kenya into an industrialized middle income country offering a high quality of life to all citizens. The Vision has three pillars — economic, social and political. NGEC's functions are largely within the Social Pillar, which seeks to build a just and cohesive society with social equity.

Vision 2030 is implemented through MTPs. This Strategic Plan coincides with the fourth MTP 2023-2027. During the Plan period, NGEC will monitor and audit implementation of MTP IV, which focuses on transforming lives through the Bottom-Up Economic Transformation Agenda (BETA). NGEC will point out gaps to ensure that "no one is left behind" and will report annually to Parliament and the Office of the Deputy President.

The Bottom-up Economic Transformation Agenda (BETA)

NGEC has aligned itself to play its role in implementing the Bottom-up Economic Transformation Agenda (2022–2027). The BETA plan focuses on agricultural transformation, MSMEs, housing and settlement, health care, and digital superhighway. NGEC's specific focus areas over the next five years:

Agenda Area	NGEC's Role
Agricultural Transformation & Inclusive Growth	Promote application of indigenous knowledge in food production Support rural communities in productive diversified agricultural activities Monitor development of the farmer database and other agricultural actors Support affirmative actions targeting women and youth in climate smart agriculture, value chain, marketing and access to collaterals Monitor the application of equality principles in the distribution of subsidized farm inputs Audit inequalities and exclusions in food distributions among most vulnerable populations including in counties receiving equalization fund
Climate Change & Management of Environment	Participate in all climate change related discourse as it relates to the role and vulnerability of SIGs Support community green zones and promote green economy Conduct an assessment of gender dimensions in climate change actions (adaptation and mitigation) Monitor the sharing of climate change benefits among county governments and SIG actors Conduct research on uptake of clean energy solutions among Special Interest Groups Contribute to climate change justice programmes
Micro, Small & Medium Enterprises (MSMEs)	Facilitate public education to promote MSME uptake among women, youth, PWDs, minority and marginalized communities Promote affirmative actions in MSME opportunities set aside for SIGs Audit the integration of equality and inclusion principles in MSME opportunities Review laws and administrative guidelines pertaining to promotion and implementation of MSME initiatives
Universal Health Care	Develop and disseminate standards on right to health to support county governments in reaching the most vulnerable Audit health incentive schemes installed by county governments to increase access to universal health services Audit the national health insurance scheme on reach and delivery of quality care to most vulnerable populations Monitor school-based preventive health programmes in ECDs and conduct assessments on health access gaps from a vulnerable populations perspective
Digital Superhighway	Conduct research on the gender digital divide in Kenya and provide recommendations for reducing inequalities Monitor uptake of e-services among most vulnerable populations and identify strategies for increasing uptake Increase use of ICT at the Commission to deliver services to vulnerable and hard-to-reach populations Facilitate affirmative actions among minority and marginalized communities for increased access to digital solutions
Housing and Settlement	Support government agencies toward ensuring the full transfer of the housing and settlement function to county governments Audit private and public housing schemes on the extent to which youth, Older Members of Society, PWDs, and women benefit Audit equality and inclusion issues in housing programmes focusing on slum upgrading projects in urban counties Monitor compliance of housing schemes with standards for equality and inclusion, including reasonable accommodation for PWDs Design and support a public education programme targeting families and communities to provide Older Members of Society and PWDs with minimum housing requirements