REPUBLIC OF KENYA

National Diaspora Policy

May, 2013

FOREWORD
Emigration of Kenyans in large numbers is a relatively recent phenomenon and has been caused in the past by d the decline in economic performance. The 1990s registered negative per capita income growth and worsened income distribution and unemployment amidst intensifying globalisation. The number of Kenyan Diaspora is currently estimated at 3 million. They possess immense human, material and financial resources. The Diaspora makes significant contribution in terms of remmittances and transfer of technology. The amount of inward remmitances is currently estimated at US$1.171 Billion in 2012 according to Central Bank of Kenya, accounting for 5.4 % of the Gross Domestic Product. Lack of a structured institutional framework has inhibited the effective contribution of this important resource to national development. It is therefore necessary to have a policy that will mainstream the Kenyan Diaspora in the development agenda. It is against this background that the Government has developed this Policy Paper to provide strategies to mainstream the Kenyan Diaspora Communities into the development agenda. The Policy emphasizes the need for creating an enabling environment to address identified challenges. Among some of the key interventions proposed in the Policy are: curbing high cost of remittances, improving consular services to address Diaspora issues, using the Kenyan Diaspora to promote tourism, tapping into Diaspora talents to reverse brain drain, and designing a system of collection of data on Diaspora profiles. The Governments vision to harness the Diaspora resource is set to be fulfilled through effective implementataion of the policy strategies and programmes which will be developed thereof in partnership with relevant stakeholders towards the realization of Kenya Vision 2030. This Policy is structured as follows; chapter 1 gives a general global outlook and Kenyan perspective to Diaspora issues; chapter 2 identifies challenges in mainstreaming contribution of Kenyan Diaspora to national development; chapter 3, outlines the guiding principles, policy objectives and strategies that will address the challenges identified; and chapter 4, lays out the institutional arrangement and implementation framework as well as monitoring and evaluation. This Policy will therefore go along way in creating an enabling environment and appropriate legal and institutional framework in Kenyan Diaspora administration.

AMB. AMINA MOHAMED CABINET SECRETARY FOR FOREIGN AFFAIRS

TABLE OF CONTENTS
FOREWORD ................................................................................................................................................ 2 TABLE OF CONTENTS ............................................................................................................................. 3 ACRONYMS ................................................................................................................................................ 4 CHAPTER I .................................................................................................................................................. 6 INTRODUCTION ........................................................................................................................................ 6 1.1 Global Outlook ................................................................................................................................. 7 1.1.1 Diaspora; Perspectives ..................................................................... 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Bookmark not defined. 1.2 The Kenyan Context......................................................................................................................... 8 CHAPTER 2 ............................................................................................................................................... 10 CHALLENGES TO THE EFFECTIVE CONTRIBUTION OF KENYAN DIASPORA TO NATIONAL DEVELOPMENT ................................................................................................................ 10 2.1 Consular Services ........................................................................................................................... 10 2.2 Remittances .................................................................................................................................... 10 2.3 Tourism .......................................................................................................................................... 10 2.4 Protection of Kenyans in Diaspora ................................................................................................. 10 2.5 Data - Base ..................................................................................................................................... 11 2.6 Tapping Diaspora Skills ................................................................................................................. 11 2.7 Diaspora Administration and Capacity Building............................................................................ 11 2.8 Information and Communication Technology (ICT) ..................................................................... 11 2.9 Social Security Transferability and Portability ............................... 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CHAPTER 3 ............................................................................................................................................... 13 DIASPORA POLICY OBJECTIVES AND STRATEGIES ................................................................... 13 3.1 Guiding Principles .......................................................................................................................... 13 3.2 Objectives....................................................................................................................................... 13 3.3 Strategies ........................................................................................................................................ 14 3.3.1 Citizenship ...................................................................................................................................... 15 3.3.2 Remittances, Trade and Investment................................................................................................ 15 3.3.3 Tourism, Culture and Entertainment.............................................................................................. 15 3.3.4 Consular Services and Protection of Kenyas Diaspora ................................................................ 15 3.3.5 Diaspora Data Base ....................................................................................................................... 16 3.3.6 Tapping into Diaspora Skills.......................................................................................................... 16 3.3.7 Diaspora Administration and Capacity Building ........................................................................... 16 3.3.8 Connectivity to Information and Communication Technology (I.C.T) ........................................... 17 3.3.9 Transferability and Portability of Social Security.......................................................................... 17 CHAPTER 4 ............................................................................................................................................... 18 INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION FRAMEWORK ...................... 18 4.1 Coordination mechanism................................................................................................................ 18 4.2 External Remittances and Foreign Employment Committee ......................................................... 19 4.3 Government Agencies .................................................................................................................... 19 4.3.1 Ministry of Planning and National Development ........................................................................... 20 4.3.2 Ministry of Foreign Affairs ............................................................... Error! Bookmark not defined. 4.3.3 Ministry of Labour and Human Resource Development ................................................................ 20 4.3.4 Ministry of Immigration and Registration of Persons .................................................................... 21 4.4 National Diaspora Council of Kenya (NADICOK) ....................................................................... 22 4.5 Other Stakeholders ......................................................................................................................... 25 4.5.1 Social Partners ............................................................................................................................... 26 4.5.2 Kenya Diaspora Associations ........................................................... Error! Bookmark not defined. 4.5.3 Development Partners .................................................................................................................... 26 4.5.4 Media ............................................................................................................................................. 27 4.6 Monitoring and Evaluation ............................................................................................................. 27

ACRONYMS
BLAs CBK CBO CMA COMESA COTU EAC FBO FKE GDP ICT IEBC ILO IOM IRA KAPEA KenInvest KTB KIPPRA KRA MDAs M&E Bilateral Labour Agreements Central Bank of Kenya Community Based Organization Capital Markets Authority Common Market for Eastern and Southern Africa Central Organization of Trade Union East African Community Faith Based Organization Federation of Kenyan Employers Gross Domestic Product Information and Communication Technology Independent Electoral and Boundaries Commission International Labour Organization International Organization for Migration Insurance Regulatory Authority Kenya Association of Private Employment Agencies Kenya Investment Authority Kenya Tourism Board Kenya Institute for Public Policy, Research and Analysis Kenya Revenue Authority Ministries, Departments and Agencies Monitoring and Evaluation 4

MSE NADICOK NESC NGO ODA UN

Micro and Small Enterprises National Diaspora Council of Kenya National Economic and Social Council Non-Governmental Organization Overseas Development Assistance United Nations

CHAPTER I
1.0 INTRODUCTION
The Kenyan Diaspora plays a key and strategic role in national development. The Government of Kenya fully recognizes that the Kenyan Diaspora has huge and untapped potential which should be harnessed for the development of our nation. To successfully harness the government is committed to mainstream and integrate the Diaspora in the national development agenda. Indeed, the role of the Diaspora in the realisation of the Kenya Vision 2030 is recognised especially in driving investments

in key sectors of the economy such as education, financial services, health, housing, ICT enabled services, manufacturing and tourism. This policy, therefore contains measures aimed at effective deployment and utilisation of the expertise, technical know-how and the entrepreneurial skills of the Kenyan Diaspora.

There are various definitions of the term Diaspora. The International Organization for Migration (IOM) defines Diaspora as members of ethnic and national communities who have left, but maintain links with their homelands. The African Union defines the African Diaspora as, Consisting of people of African origin living outside the continent irrespective of their citizenship and nationality and who are willing to contribute to the development of the continent and the building of the African Union.

For the purpose of this policy paper, the Kenyan Diaspora is defined as consisting of Persons of Kenyan Origin (PKO) and Non-Resident Kenyans (NRKs). PKO status designates foreign citizens of Kenyan origin or descent. On the other hand NRK status is for Kenyan citizens holding a Kenyan passport and/or having dual citizenship and residing outside the country for an indefinite period whether for employment, business, vocation, education or any other purpose.

1.1

GLOBAL OUTLOOK Over the last 45 years, the number of persons living outside their country of birth has more than doubled from an estimated 75 million in 1960 to nearly 215 million (UN, 2009) representing 3% of World population. About 30 Million Africans are living outside their home country (IOM and KNBS). These figures clearly indicate how crucial the management of international migration is, especially in view of the magnitude of the movement of people across borders for employment. The issue has now moved to the top of policy agenda in many countries of origin, transit and destination. Governments at both ends of the migration spectrum are increasing their capacities to manage labour migration for the mutual benefit of society, migrants and the state. This has therefore necessitated a need for policy, legal and institutional mechanisms to manage and control the movement of people regionally and internationally.

The African Union (AU) has recognized the role played by the Diaspora in the development of the continent. The Extra Ordinary Summit of the Assembly of Heads of State and Governments of the African Union in its meeting held on 3 rd February, 2003, declared the African Diaspora as the sixth region of the continent. The declaration was based on the recognition of the African Diaspora as an important part of the continent whose potential needs to be fully exploited in building the African Continent. In this regard, Kenya ratified the Amendment to the African Union (AU) Constitutive Act Article 3(q) that invites and encourages the full participation of the African Diaspora as an important part of our continent in the building of the African Union.

Furthermore, to underscore the importance of remittances to African counties, an African Institute for Remittances (AIR) will be established and anchored within the AU Commission (AUC). The Institute will among other things assist in capacity building of member states of the African Union (AU), remittance senders and recipients, and other stakeholders, to manage remittances. The key

beneficiaries of the project are remittance senders and recipients and the broader African Diaspora, and their families and communities in home countries.

Regionally, the Treaty for the establishment of the East African Community (Article 104) provides for free movement of persons, labour, goods, services and the right of establishment and residence of their citizens within the Community. This is further reinforced in the Common Market for East and Southern Africa (COMESA) Protocol on the free movement of labour.

Countries such as China, India, Mxico and Israel have significantly benefited by capitalizing on their links with their Diaspora. Other countries have also initiated measures to design policies and legislation to create an enabling environment for the Diaspora to participate fully and contribute to the development of their countries especially through remittances. According to the World Bank, remittances to developing countries are three times the Official Development Assistance (ODA) to the developing countries. The remittances are estimated to be about $406 Billion (World Bank, 2012) The World Bank has suggested that remittances sent through informal channels could add up to at least 50 per cent of the official estimate, making it the largest source of external capital in many developing countries. 1.2 The Kenyan Context Kenyans have been migrating since the 1960s for purposes of acquiring education, training and up to today they continue to migrate in search of better economic opportunities. The number of Kenyans in the Diaspora is estimated to be three (3) Million and is continuously on the rise. Indeed the Diaspora possesses immense resources which can greatly contribute to transformation of our country as envisaged in the Kenya Vision 2030. Part of these resources include inward formal remittances, which according to the Central Bank of Kenya stood at Ksh. 97.18 billion (USD 1.171 billion) for the year 2012, accounting for 5.4% of the Gross Domestic Product (GDP) 8

Despite the critical role of the Kenyan Diaspora in the transformation process of our country, Kenya continues to face many challenges in harnessing their

potential due to lack of a comprehensive framework to address issues of concern to the Diaspora community.

CHAPTER 2 CHALLENGES TO THE EFFECTIVE CONTRIBUTION DIASPORA TO NATIONAL DEVELOPMENT OF KENYAN

Despite the significant contribution that can be realised from the Diaspora, there are many challenges that have inhibited the effective contribution to the national development. This contribution is inhibited by the following challenges:2.1 Capacity to offer adequate Consular Services The Government accords consular services high priority and is committed to providing comprehensive and effective services to all Kenyans living abroad. However, there are existing administrative challenges in expanding missions abroad and also inadequate personnel in missions with high concentration of Kenyan Diaspora which inhibit proper provision of consular services. 2.2 High cost of Remitting Money The Kenyan Diaspora continues to play an important role in the development of the country through remittances. The high cost of remitting money and the irregular status of some Kenyan Diaspora has led to proliferation and use of informal channels of remitting money. 2.3 Lack of incentive framework to promote Diaspora participation in national development There are weak structured and uncoordinated mechanisms to create awareness to the Kenyan Diaspora on the investment opportunities available in different sectors of the economy. Furthermore, the country lacks an incentive framework to promote Diaspora investments in the country. 2.4 Inadequate mechanisms for Protecting Kenyans in the Diaspora The Government has a constitutional responsibility to protect its citizens and their property both within and outside the country. However, some Kenyans working abroad, both skilled and unskilled are exposed to unsuitable working conditions due to lack of a national labour migration legal framework. Non-registration by

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Kenyans in the Diaspora with Kenya Missions abroad has also hampered their protection and this further constrains effective delivery of consular services. 2.5 Lack of a comprehensive and centralised Database Sourcing and management of data on Diaspora has been a challenge to the Government for a long time. The current situation is characterised by existence of disparate and uncoordinated data bases from different government ministries and agencies. This has hampered effective planning, engagement and support of the Kenyan Diaspora. 2.6 Untapped Diaspora Skills Kenya continues to experience migration of its citizens to other countries notably to the developed world. The professional Kenyan Diaspora possesses immense intellectual resources even though there is no proper documentation of the same. However, the Government is unable to attract her qualified and skilled human resource from the Diaspora community, thus inhibiting reverse transfer of technology. The government lacks mechanism to tap into this immense intellectual capital.

2.7

Lack of centralised institutional framework to coordinate Diaspora issues Diaspora issues are multifaceted, complex and involve various actors, thus require effective coordination. Furthermore, this disharmony has resulted to poor coordination, duplication of efforts and wastage of resources.

2.8

Under-utilization of Information and Communication Technology (ICT) enabled services by the Government and the Diaspora The adoption and uptake of Information Technology Enabled Services (ITES) has been low. This has resulted in underutilisation of online services and therefore inhibiting the efficient and effective provision of services which can be realised by the use of ICT.

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2.9

Lack of reintegration mechanism of returnees Kenyans in the Diaspora contribute to the various social security services in their countries of destination. On termination of their contracts, there is lack of bilateral agreements that would facilitate the transfer of their social security savings to Kenya. In addition, there is need to tap into the skills of Diaspora returnees and also to ensure full integration to the society. There is also lack of a framework on transferability of Social Security Benefits

2.10

Inadequate participation in democratic processes by Kenyan Diaspora The Constitution guarantees Kenya citizens dual citizenship and in effect participation in democratic process whether within or outside the country. However, a number of Kenyans in the Diaspora participating in key processes. have been shying away from

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CHAPTER 3
DIASPORA POLICY OBJECTIVES AND STRATEGIES 3.1 Guiding Principles This policy framework is based on the following guiding principles:a) Recognition of the important role played by the Kenyan Diaspora in the socio-economic development of the country; b) c) The involvement of the Diaspora in National Development; Participation. This principle recognizes the need to synergize the efforts of all the stakeholders in the Diaspora issues. The stakeholders will

therefore be involved in policy formulation, implementation, monitoring and evaluation of the strategies; d) Sustainability where various mechanisms will be used to monitor, evaluate and provide feedback on implementation of the policies and programmes to facilitate timely policy interventions; e) Gender responsiveness by recognizing that a gender-balanced Policy can lead to appropriate responses that take specific expectations into account; f) Decentralisation where in accordance to the Constitution of Kenya, 2010 critical functions of the national government shall be decentralised. Initiatives aimed at harnessing the Diaspora potential at the county will be facilitated for the mutual benefit of the country and the Diaspora. 3.2 Rationale for developing a Diaspora Policy The Kenya Vision 2030 and the Constitution of Kenya, 2010 recognises the potential of the Diaspora in contributing to national development. This potential has not been fully exploited, partly due to absence of a policy framework to engage the Diaspora. This policy therefore contains specific measures and interventions including the requisite legal and institutional framework that will be put in place to address past weaknesses that have impeded full participation and contribution of the Diaspora in the development of the country.

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Moreover, the Kenyan Diaspora is very passionate about their homeland and are eager to share positive information about their country with their contacts in the respective countries making it easy to leverage on their presence in those countries with a view to promoting Kenyas tourism, export, brand image and good will. 3.4 Objectives The broad objective of this policy is to mainstream the Kenyan Diaspora in the development agenda by creating an enabling environment into which the Diaspora is effectively integrated and is able to make significant contribution to the development of the country. The main thrust is therefore, to harness and maximize the potential of the Diaspora to contribute to Kenyas development while meeting their needs and expectations in order to develop a mutually beneficial relationship.

The specific objectives of this Policy are to: 1. Develop strategies aimed at mainstreaming Diaspora in to national planning process; 2. Mobilize the Kenya communities abroad to form country specific

umbrella associations; 3. Provide opportunities for Kenyans in the Diaspora to participate and contribute to national development; 4. Develop measures that enhance protection of Kenyans in the Diaspora in order to safeguard their basic rights and living standards; 5. 6. Develop mechanisms for dialogue and cooperation with the Diaspora; Establish the necessary institutions for the co-ordination and proper administration of Diaspora issues; 3.5 Strategies The following strategies will be implemented to achieve the above objectives.

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3.5.1 Enhance consular capacity The Government will strengthen and enhance the capacity of Kenya missions abroad to effectively deal with diverse Diaspora issues. The Government will further continue to strengthen the Foreign Policy framework to make it more responsive to Diaspora related issues.

3.5.2 Reduce the high cost of remitting money The Government will create necessary structures to address the high cost of transmitting money with a view to attracting more remittances and lowering cost of transferring money by the Diaspora back home.

3.5.3 Develop an incentive framework to promote Diaspora participation in national development The Government will develop incentives and tailor made investment packages to encourage the Kenyan Diaspora to direct their remittances towards productive ventures both at the National and County levels. Further, Government will work out modalities for holding constant briefs with Kenyan Diaspora to disseminate information on investment opportunities in the country.

Similarly, the Government will develop a programme specific for harnessing the potential of the Diaspora by empowering them to become tourism promotional ambassadors and provide them with the requisite information and materials to realise this potential.

3.5.4 Strengthen mechanisms for protecting Kenyans in the Diaspora Pursuant to the Constitution of Kenya, the Government commits to protect its nationals both within and outside the country. To this end, the Government policy will put in place structures and mechanisms for the protection of Kenyans abroad.

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3.5.5 Develop a comprehensive and centralised database on Kenyan Diaspora In order to improve access to timely and quality Diaspora information, the Government will put in place an Integrated Diaspora Information System to collect, collate, analyse and disseminate the information to enhance Diaspora engagement. The Government will also build capacities and network institutions dealing with the Diaspora to provide linkages between providers and users of the same. In addition, measures will be put in place to strengthen existing institutions and documentation centres that specialize in Diaspora related information. In this regard, the Government through the Ministry of Foreign Affairs, Ministry of Labour Social Security and Services, Ministry of Interior and National Coordination and Kenya National Bureau of Statistics will maintain and update a database on the Kenyan Diaspora as part of the integrated Diaspora information system.

3.5.6 Tap into Diaspora Skills The Government will reach out to the Diaspora and create awareness in enterprise development and employment opportunities available to the Diaspora on a competitive basis with emphasis on meritocracy. The Government will also put in place structures, programmes and incentives to attract and utilize qualified and skilled Human Resources from the Diaspora.

3.5.7

Develop and operationalize an institutional framework to coordinate Diaspora issues The Government will harmonise Diaspora issues, strengthen and enhance the capacity of public and private sector agencies dealing with Diaspora issues. Further, it will encourage partnership, linkages and networks that will help realise the objectives of mainstreaming the Diaspora issues into the national development agenda.

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3.5.8

Leverage on usage of Information and Communication Technology (I.C.T) Enabled Services In order to enhance efficiency in engagement with the Diaspora, the Government will create an integrated Diaspora Information System which will assist in collecting, collating, analysing and dissemination of the same. In addition, the Government will build capacities and network institutions dealing with the Diaspora matters.

3.5.9 Develop reintegration mechanisms for returnees The Kenyan Diaspora returnees are often faced with the challenge of assimilation to the society. The government will therefore develop mechanisms for meaningful reintegration to the society.

3.5.10 Develop Legislative Framework The Government will develop an appropriate legislative framework to guide the implementation of this policy.

3.5.11 Promote participation in democratic processes by Kenyan Diaspora The Kenyan constitution provides progressive realisation of voting rights of Kenyan citizens living abroad, during 2013 elections, Kenyan Diaspora in five countries were registered and facilitated to vote. In this regard, the government will in subsequent general elections increase these numbers to enhance voting by Kenyans in the Diaspora.

3.5.12 Promotion of Philanthropic Initiatives The Government will encourage the Diaspora to form non-profit foundations to handle philanthropic initiatives in the country both at the national and county levels.

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CHAPTER 4
INSTITUTIONAL FRAMEWORK ARRANGEMENTS AND IMPLEMENTATION

The Government is committed to the implementation of strategies outlined in this Policy which are meant to mainstream and ensure effective participation of the Kenyan Diaspora in the national development agenda. To achieve this, it is important to have an effective implementation, monitoring and evaluation framework.

The Government further recognizes that successful implementation of this policy will require involvement and active participation of government line ministries, departments, agencies, Diaspora Associations, Private Sector, Civil Society, NonGovernmental Organizations (NGOs), Community Based Organizations (CBOs), and various Faith Based Organizations (FBOs). The institutional framework

therefore provides for the roles and responsibilities of institutions and agencies entrusted with the implementation of various aspects of this policy. The framework also facilitates reporting and regular feedback.

4.1

Coordination mechanism Effective co-ordination is critical in the formulation and implementation of policies as it is also a pre-requisite for enhanced monitoring and evaluation. Currently, Diaspora functions are scattered in various Government Ministries, Departments and Agencies (MDAs). For instance, while the Ministries and state departments responsible for Finance, National Planning , Trade and Industry, Immigration and Registration of Persons, Foreign Affairs, Youth Affairs, East African and Regional Affairs, Tourism, information, investment, Labour and Human Resource Development are undertaking some critical Diaspora functions, there is no clear co-ordination and linkage mechanism between these agencies to enhance harmonization of their policies and initiatives. This has resulted in disjointed policy actions, duplication of efforts and wastage of scarce resources. 18

Although the Presidential Circular No. 1 of 2008 on Organization of Government placed the coordinative role of Diaspora related issues in the Ministry of Foreign Affairs, the Ministry continues to face challenges in coordination of Diaspora issues. In order to strengthen the role of the Ministry of Foreign Affairs and to eliminate overlaps and promote consistency in the management of Diaspora issues, this policy proposes establishment of a National Diaspora Council of Kenya (NADICOK).

4.1.1 National Diaspora Council of Kenya It is proposed that a National Diaspora Council of Kenya be established. The Council will play an advisory role to the government on Diaspora issues. The Council will also carry out research into ways and means of improving policies, programmes and institutional arrangements for the mutual benefit of the country and Kenyans in Diaspora. Further, the Council in consultation with the Ministry of Foreign Affairs and other stakeholders will be charged with the responsibility of organizing annual Diaspora home-coming conferences, organizing an annual award scheme for recognizing outstanding Diaspora groups and individuals and any other Diaspora activities, within and outside the country. The Council will be housed under the Ministry of Foreign Affairs.

The Council will draw membership from relevant Government Ministries, Departments and Agencies, Kenya Diaspora Associations, and the private sector and any other relevant stakeholders. 4.1.2 Role of Government Ministries, Departments and Agencies The MDAs will facilitate Diaspora participation in development and economic activities by creating a favourable legal and policy framework for Diaspora operations. The following are specific roles of various MDAs involved in

Diaspora facilitation:-

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4.1.2.1 Ministry of Foreign Affairs The Ministry will strengthen its institutional capacity especially the Directorate in charge of Diaspora and Consular Affairs to be able to effectively carry out its mandate of coordinating Diaspora issues. The Directorate will also serve as the Secretariat to NADICOK.

The Ministry will also provide policy framework for Missions/Consulates to address Diaspora related issues. It will enhance and provide consular services to Kenyans living abroad and work closely with the Kenya communities abroad to provide the necessary advice on issuance of travel documents, Visa and Work Permit requirements. Further, it will also initiate dialogue with destination countries to enter into bilateral agreements to ensure protection of Kenyans in the Diaspora. The Ministry working with the other MDAs will also establish and continuously update a database on Kenyan Diaspora as received from online registration and through the Missions/Consulates.

4.1.2.2 Ministry of Labour, Social Security and Services The Ministry of Labour, Social Security and Services will provide legislative, policy, administrative and institutional framework for effective management of labour migration issues. To achieve this, the Ministry will review the Labour Institutions Act, 2007 to make provision for Kenyan private employment agencies to register with Kenya Association of Private Employment Agencies (KAPEA) before receiving accreditation. The Ministry will further issue and gazette Regulations and Guidelines on operations of private employment agencies and attestation of foreign contracts of service. The Ministry will also review the Employment Act, 2007 to make it mandatory for Kenyan Recruitment Agencies recruiting Kenyans to work abroad to deposit a bank guarantee as stipulated in the prevailing regulations on accreditation of private employment agencies to be issued from time to time. The Ministry will also develop a Policy and establish a Labour Migration Unit to deal with labour migration issues.

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Similarly, the Ministry will develop and maintain a skills inventory from the Manpower Survey and update it regularly to make the labour market data and related information available to stakeholders online. The Ministry will establish a labour migration data base which is regularly updated and accessible to all relevant government institutions for decision making. In addition, the Ministry will facilitate knowledge and skills transfer and partner with relevant Ministrys to facilitate signing of Bilateral Labour Agreements to ensure fair working conditions as well as enable Kenyans working in the Diaspora to transfer their social security benefits. 4.1.2.3 Ministry of Devolution and Planning The Ministry will ensure that Diaspora issues are mainstreamed into the national development agenda. Accordingly, the Ministry will ensure that all Government agencies will integrate in their policies and programmes the objective of maximizing the contribution of the Diaspora.

The Ministry will also, in consultation with the other stakeholders, develop appropriate indicators for monitoring and evaluation and incorporate these into the National Integrated Monitoring Evaluation System (NIMES).The KNBS jointly with the Ministries of Foreign Affairs and Immigration will set up, maintain and update a database on the Kenyan Diaspora as part of the Integrated Diaspora Information System. Further, the Kenya Institute for Public Policy, Research and Analysis (KIPPRA) will undertake research to inform public policy on Diaspora issues. 4.1.2.4 Ministry of Interior and Coordination of Government The Ministry will provide a policy framework on immigration of Kenya nationals abroad. The Ministry will facilitate the processing of passports and other documents of registration such as birth certificates and national identity cards to Kenyans living abroad. To be more effective in the provision of the services mentioned above, the Ministry will open up more passport issuance centres at Kenya missions abroad and strengthen the overseas passport issuance section at 21

the immigration headquarters. . The Ministry will closely work with the Ministry of Foreign Affairs to provide necessary data on Diaspora matters. 4.1.2.5 The National Treasury The National Treasury will provide an enabling environment and facilitate incentives aimed at increasing participation of the Kenyan Diaspora in nation building. In this regard, the National Treasury will liaise with stakeholders such as CBK, KenInvest, CMA, RBA, IRA and KRA to enhance investor education and public awareness, reduce the high cost of remitting money, develop Diaspora targeted investment products and facilitate additional investments. 4.1.2.6 Ministry of Education The Ministry of Education will continue to provide globally competitive quality education that equips learners with values, knowledge, skills and competencies, whilst enabling all citizens within and in the Diaspora to develop to their full capacity, live and work in dignity, enhance the quality of their lives, and make informed personal, social and political decisions as citizens of the Republic. In dealing with Diaspora issues the Ministry of Education will undertake the following: Development of a sector wide Integrated Education Management Information System that will institutionalize data sharing, validation and usage across government institutions and agencies. This will profile Kenyan students in the Diaspora and keep records of those facilitated to study abroad. Integration of ICT in teaching and learning across all levels of education and training, and provide e-learning to enable access to information and facilitate networking between Kenyan institutions and the Diaspora. Creation of awareness on the Ministry web portal on the educational resources available to Kenyans and the Diaspora. Promotion of Kenyan culture and heritage through national and regional sports, games, and music and drama festivals and encourage the Diaspora to participate.

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Reforming National Assessment and examinations, and promote exchange programmes between Kenyan institutions and those from other countries whilst marketing Kenyan institutions of higher learning.

Engagement of partnerships and collaboration with Kenyan Diaspora in investment in the National Education Sector support programmes.

4.1.2.7 Ministry of Information Communication and Technology The Ministry will play a major role in creating publicity and awareness through electronic and print media. The proper coverage of Diaspora events is necessary in order for the public to be updated on the event taking place in the Diaspora. The Ministry will also facilitate branding of Diaspora events through Brand Kenya Board. The Ministry will also formulate appropriate information and communication technology policies to facilitate access of information by the Kenyan communities in the Diaspora. The Ministry will enhance

telecommunication infrastructure in order to facilitate universal access of information and enable the Diaspora communities to enhance communication and networking. 4.1.2.8 Ministry of East African Affairs, Commerce and Tourism The Ministry will provide accurate information on tourism investment opportunities such as culture and heritage, homestays, agro-tourism, MICE tourism, youths and sports, medical tourism, resort cities, and accommodation facilities in emerging tourism circuits; offer investment incentives in the tourism industry.; work closely with relevant bodies like Kenya National Bureau of Statistics, Kenya Tourism Board and Tourism Research Institute in providing accurate and timely information on tourism trend/performance and to provide existing and potential tourism attractions, facilities and profiling tourism related database for decision making purposes. In this regard, the Tourism Regulatory Authority will develop a framework of enabling the Diaspora to leverage on tourism business start ups. The Kenya Tourism Board will also develop a Kenya Tourism Ambassadors Programme aimed at empowering the Diaspora to support promotion of tourism in the various 23

countries and regions while empowering them with promotional kits, tourism marketing intelligence/information, support of Diaspora events promoting tourism and provision of regular briefings. KTB will also have a dedicated Diaspora tourism portal with information on tourism attractions. This will support

Government efforts in positioning Kenyan hospitality above all other countries. KTB will also provide a clear link and partnership framework on strategic partnerships through their respective agencies in the tourism source markets. 4.1.2.9 Ministry of Youth Affairs and Sports The Ministry will facilitate employment of youth in the international market as required under the Youth enterprise Development Fund Order 2007 in corroboration with the Ministry of Labour, Foreign Affairs and employment agencies through identification and Contracting accredited Kenyan Recruitment Agencies for foreign employment. The Ministry will continue to identify, source, advertise and match successful applicants with international job opportunities, including pre-departure training, profiling and carry monitoring and evaluation.

4.1.2.10 Ministry of Health The Ministry of Health will contribute to the implementation of the Diaspora Policy by clearly articulating opportunities for Health Professionals in the Diaspora to contribute to the implementation of health related aspects of Vision 2030.

Working with other government agencies the Ministry will maintain and share a database of qualified health professionals especially those with skills that are not available or inadequately represented in Kenya so that whenever required, they could be drawn upon to contribute to improving the health of Kenyans. Through implementation of the E-health strategy the Ministry will work with relevant healthcare professionals to promote telemedicine to enhance the quality of healthcare provision in Kenya.

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Further to this, the Ministry will provide direction on investment areas for the local production of essential health products and technologies such as pharmaceuticals, medical and devices. The Ministry will also explore ways of working with healthcare professionals in the Diaspora to carry out clinical trials on health technologies that can improve the health of Kenyans.

The Ministry in collaboration with the Ministry of Foreign Affairs will sensitize Kenyan Diaspora on requirements for vaccination as well as the prevention and treatment of key infectious diseases. 4.1.2.11 Independent Electoral and Boundaries Commission (IEBC) The IEBC shall work towards fulfilment of constitutional provisions by providing a policy framework for the realisation of progressive registration of Kenyans in the Diaspora. The IEBC will also work closely with the Ministry of Foreign Affairs and the Ministry responsible for immigration and registration of persons as well as build partnerships with Stakeholders to assist in the implementation of the provisions of the Kenyan Constitution. In this regard, the Commission, in collaboration with the Ministry of Foreign Affairs will update the voters database for Kenyans in the Diaspora.

4.2

Other Stakeholders The Government is committed to building partnerships with stakeholders in mainstreaming of Diaspora in the national development agenda. Whereas diverse stakeholders will play different roles in this endeavour, it will be necessary to effectively co-ordinate their roles along a common strategy. This is essential in: enhancing consensus building amongst stakeholders and implementing agencies; avoiding duplication of roles and the resultant conflicts; promoting effective policy implementation; and exploiting existing synergies. Thus the roles of various stakeholders will include the following.

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4.2.1 Kenya Diaspora Communities The Government through its consular services is committed to strengthen and capacitate the existing Kenya Diaspora Associations and encourage Kenyans to form them where they do not exist. Government recognizes the significance of these Associations in promoting Diaspora issues through consultations, lobbying and advocacy. This is important for National Development through structured investment. The Associations will supplement Government effort with information on the Diaspora.

The Kenyan Diaspora will be required to form country umbrella associations and register them with Kenyan missions abroad in order to enhance engagement between them and government. They will also participate in promoting and marketing Kenya, facilitate Kenyan delegations abroad on trade and investment promotion missions, delegates to conferences, new immigrants and students. 4.2.2 Social Partners Government recognizes the significance of the Social Partners, notably the most representative organizations of employers and workers who have been in the forefront in promoting the contribution of the Diaspora to National Development. In order to ensure effective implementation of this policy framework, the Social Partners will advocate for the enactment of fair laws relating to employment for both employees and employers. In particular, the FKE will develop an e-portal where employers will post employment opportunities to be accessed by Kenyans both locally and in the Diaspora. 4.2.3 Development Partners The Government recognizes the significance of a collaborative and partnership approach in mobilizing, allocating and utilizing resources for mainstreaming Diaspora in the national development agenda. In this respect, development

partners will support and supplement the Government and other stakeholders in their respective roles in terms of financial and technical support within the framework of this Policy.

26

4.2.4 Media The Government recognizes the critical role of media in publicizing and educating the public. Awareness creation is imperative in showcasing the development contribution of Kenyas Diaspora. In this respect, the Government will

collaborate with the media and Kenya Diaspora Communities in highlighting and educating Kenyans on the important role of the Diaspora and labour migration issues. 4.3 Monitoring and Evaluation An effective Monitoring and Evaluation system is critical for successful implementation for this policy. To this end, monitoring and evaluation of this Policy will be undertaken within the framework of the National Integrated Monitoring and Evaluation System (NIMES). The Framework will provide for regular consultation and feedback between Agencies entrusted with the implementation of this Policy.

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IMPLEMENTATION MATRIX
No Strategy Activities Output Indicators Implementing Agency 2013/1 4 1. Enhance consular capacity Deploy additional missions with concentrations of Diaspora. staff to high Kenyan Additional Staff deployed -MFA -Dept of Immigration -National Treasury -Dept of Immigration -DP -MFA -Dept of Immigration -DP -Cabinet -MFA -NIS -National Treasury 2014/ 15 Timeframe 2015/1 6 2016/17 2017/1 8 100mn Resource requirements Mode of funding GoK/PPP/ Donor GoK

Develop an immigration policy framework Open new passport issuance centres

Kenyan national immigration policy 6 issuance centres in place

15 mn

GOK/

15 mn

GoK

Open new missions and honorary consul offices in strategic countries

- No. of new missions opened - No. of new Honorary Consuls appointed Additional channels of remitting money -Stakeholder forums -Low cost of remitting money -Number of foreign currency accounts opened locally -no of Diaspora forums

200mn

GoK

Reduce the high cost remitting money

of

Explore alternative channels of remitting money Engage financial institutions involved in money transfer to negotiate lower costs of remittances. Encourage Diaspora to open foreign currency accounts locally

-National Treasury -CBK -CBK -National Treasury -MFA -National Treasury -CBK -Local financial institutions -MFA -KAPEA -Diaspora

15mn

GoK/Donor Partners (DPs) GoK

10mn

10mn

-GoK -Financial institutions -Diaspora

associations

Avail information on bank initiatives, products and services targeting Diaspora

-Packaged information available in various channels of communication

Develop an incentive framework to promote Diaspora participation in national development

Harmonize investment promotion and facilitation initiatives targeting Diaspora.

Undertake investor education, awareness raising, and outreach campaigns on investment opportunities in partnership with Diaspora umbrella bodies. Policy advocacy on Diaspora targeted investments

-Joint investment promotion facilitation activities undertaken -Number of joint forums -no of forums, conference and workshops held

-National Treasury -CBK -Local financial institutions -MFA -Keninvest -MEAC&T -Brand Kenya -KAPEA - KTB -National Treasury -MFA -Keninvest -MDP

10mn

-GoK -Financial institutions

50mn

GoK/DPs

-no of forums, held -Policy briefs

Develop specific investment products and incentives that target Diaspora such as

-Diaspora targeted products -increased uptake

-MFA -KenInvest -VDS -Diaspora associations -MFA -KenInvest -VDS -Diaspora Associations -MDP -National Treasury -CBK

100mn

GoK/DPs

50mn

GoK/DPs

30mn

GoK

Government securities and Public Private Partnership engagements.

of the products

Establish intermediation facilities to provide investment management services Establish the Kenya Tourism Ambassadors Programme to provide framework for empowering professional Diaspora groups to promote Kenya tourism

Strengthen mechanisms for protecting Kenyans in the Diaspora

Negotiating and signing bilateral labour agreements with host countries

Enforcing registration of Diaspora in Kenya missions abroad Review the labour institutions Act, 2007

intermediation facilities established No. of diaspora registered in the programme No of promotional kits distributed No.of forums, events and activities implemented No of new tourists / investments generated No. of Bilateral Labour Agreements negotiated and signed No. of Kenyans registered with Missions Abroad Reviewed Act

-Local financial institutions -MFA -CMA -Keninvest -RBA -Diaspora Associations -MEAC&T -Brand Kenya -IRA -Keninvest

10mn

GoK

KTB Tourism Authority Diaspora Associations Kenya Missions

5mn

GoK/NEPAD

MFA Labour AG

10mn

GoK

MFA/

50mn

GoK

-MOL -AG -KLRC -FKE

6mn

GoK

Review the employment Act, 2007

Reviewed Act

Establish a labour migration unit under MOL Develop National Labour Migration policy

-operational Labour migration Unit National Labour Migration policy

-COTU -KAPEA -MOL -AG -KLRC -FKE -COTU -KAPEA -MOL

3mn

GoK

1mn

GoK

Pre-departure training to migrant workers and students going for further studies abroad

-No of migrant workers and students trained -training reports -certificates

Awareness creation to Kenyans going abroad through travel advisories

Strengthen regulatory framework on employment agencies

-Gazetted regulations and guidelines on accreditation of Kenya private employment agencies and attestation of foreign contracts of service

MOL -Relevant Ministries -FKE -COTU -KAPEA -MOL -MFA -KAPEA -MOEd -department of immigration -DPs -MO Youth MFA Department of Immigration Labour KAPEA KAA -MOL -MFA -AG

8mn

GoK/DPs

30Mn

GoK/DPs

Gok

GoK

Develop a comprehensive and centralised database on Kenyan Diaspora

Enhance cooperation between government and non-state actors on labour migration issues???????? Undertake registration of Kenyans in the Diaspora through the Kenyan missions abroad. Develop skills inventory Create awareness on benefits of registration at Kenya missions abroad Identify and link up all databases on Diaspora Develop synergies with actors involved in Diaspora data collection Computerization of data capture at control border points and missions abroad Develop an integrated information management system to create a data base on Kenyan Diaspora.

-No of consultative forums held with non-state actors An updated database

MOL MFA KAPEA IOM Kenya Missions Abroad/ MFA

5mn

GoK/DPs

10mn

GoK

Skills inventory No. of meetings/ conferences held with Kenyans in the Diaspora Linked Databases on Diaspora Information/ data shared Computerization of Data capture Database

-MOL -KNBS Kenya Missions Abroad/ MFA

100mn 50mn

GoK/DPs GoK

MFA/ KNBS All MDAs

10mn 2mn

GoK GoK

Tap into Diaspora Skills

Develop a Diaspora skills inventory

A skills Inventory developed

Establish networks to promote knowledge and skills transfer from professionals in the Diaspora on short-term basis in order to build local capacity to the Kenyan nationals. Provide information to Diaspora members on skills shortages and

TOKTEN programme in place

MFA/ Interior and National Coordination -MFA -KNBS Department of Immigration MOL -MFA -MOL -KNBS Diaspora Associations MOL DPs

150mn

GoK

20 mn

GOK/DP

5mn

GoK

50mn

GoK/DPs

-MOL -FKE

5mn

GoK

Develop and operationalize an institutional framework to coordinate Diaspora issues

corresponding employment opportunities in Kenya and facilitate their participation Strengthen the institutional capacity of the Diaspora and Consular Directorate in the Ministry of Foreign Affairs Establish the National Diaspora Council of Kenya (NADICOK). Strengthen and harmonize the activities of the various government departments dealing with Diaspora issues Develop an interactive Diaspora web portal. Develop a Diaspora communication strategy Offer online consular services Establish a framework for the Transferability and Portability of Social Security Benefits Negotiate bilateral instruments to facilitate the transfer of Social security benefits Formulate programs to absorb returnees

-Diaspora associations Enhanced capacity of the Directorate Established Council Harmonized activities MFA 100mn GoK/ Donors

MFA

50mn

GoK/ Donors GoK

MFA

Leverage on usage of Information and Communication Technology (I.C.T) Enabled Services Develop reintegration mechanisms for returnees

Interactive web portal developed Communication Strategy developed No. of online services offered

MFA MFA

USD 47,500 USD 47,500

Donor Donor

MFA/ Missions Abroad -RBA -Diaspora associations -IOM -RBA -Diaspora associations -IOM -MOL -MFA -Immigration -Diaspora Associations -KAPEA MOL MFA Immigration Diaspora Associations

0 ????

GoK Gok/Donor

No. of negotiated and concluded Bilateral Agreements

????

Gok

????

Gok/Donor

Debriefing and counseling of returnees especially those who have undertaken security/military training

????

Gok

Setup help desks in government institutions and other agencies that interact with Diaspora

Help desks setup

10

Develop Legislative Framework

Election law NADIKOC Act

-Election law -Enactment of NADIKOC Act

11

Promote participation in democratic processes by Kenyan Diaspora

Identification voting centers

of

Diaspora

Conduct voter education in the Diaspora

Training of IEBC and mission staff abroad to conduct voter registration and elections Undertake registration and facilitate voting of Kenyan Diaspora Encourage formation of Diaspora philanthropic organizations Promote participation of Diaspora through volunteer services Mainstream Diaspora issues in the medium term plan, sectoral plans and the ministries

Number of voting centres identified -voting centre reports Number of workshops and conferences held -voter education reports Number of staff trained -Training reports -Voters register -number of voters -Diaspora vote No. of philanthropic organizations formed No. of volunteer initiatives offered MTP, sectoral plans and strategic plans

KAPEA MOL MFA Immigration Diaspora Associations MDP MoH MFA IEBC MoL AG CIC KLRC Parliament IEBC MFA Diaspora IEBC MFA Diaspora

????

Gok

????

Gok

10 million

GoK/DP

100mn

GoK/DP

IEBC MFA

50mn

GoK/DP

12

Promotion of Philanthropic Initiatives

IEBC MFA Diaspora MFA

200mn

GoK/DP

????

GoK

-MFA -Line Ministries -Diaspora -MD&P -MFA -Line Ministries

????

GoK

30 million

GoK/DP

strategic plans

(2013-2017)