Our life, Our responsibility KENYA CHILDREN ASSEMBLY

Our Life, Our Responsibility
KENYA CHILDREN ASSEMBLY
Revised 2015
Our life, Our responsibility
2011
Maisha yetu, wajibu wetu
TABLE OF CONTENTS
TABLE OF CONTENTS ......................................................... 2
ACRONYMS AND DEFINITIONS ......................................... 4
FOREWORD .......................................................................... 5
ACKNOWLEDGEMENT ........................................................ 6
EXECUTIVE SUMMARY .................................................... 7
1.0 INTRODUCTION ............................................................ 9
2.0 ADMINISTRATION OF THE CHILDREN ASSEMBLY 10
2.1 Vision ......................................................................... 10
2.2 Mission ....................................................................... 10
2.3 Core Values ................................................................ 10
2.4 Guiding Principles ...................................................... 10
2.5 Motto .......................................................................... 10
3.0 OBJECTIVES ................................................................. 11
3.1 Main Objectives .......................................................... 11
3.2 Specific Objectives ..................................................... 11
4.0 FUNCTIONS OF CHILDREN ASSEMBLY .................... 11
5.0 ACTIVITIES OF THE CHILDREN ASSEMBLY ............ 12
5.1 Core Area 1: Empowering children with knowledge,
skills, values and appropriate attitudes on their rights and
responsibilities. ................................................................. 12
5.2 Core Area 2: To involve children in policy formulation,
planning, implementation, monitoring and evaluation. ..... 12
5.3 Core Area 3: To provide forums for the promotion of
child participation at local, regional and international levels.
.......................................................................................... 13
5.4 Core Area 4: Facilitate networking among children and
other relevant stakeholders. .............................................. 13
5.5 Core Area 5: To promote patriotism, cohesion and
nationhood among Kenyans. ............................................ 13
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5.6 Core area 6: To improve the status, conditions and wellbeing of children and the realization of their rights in the
country. ............................................................................. 14
6.0 STRUCTURE OF THE CHILDREN ASSEMBLY ........... 14
6.1 Children’s Assemblies Administrative Structure ........ 14
6.2 Leadership Structure ................................................... 15
6.2.1 National Children’s Assembly ........................ 15
6.2.2 County Children Assembly ............................. 15
7.0 ROLES OF THE LEADERS............................................ 16
7.1 Roles of a President .................................................... 16
7.2 Roles of a Deputy President........................................ 16
7.3 Roles of a Governor .................................................... 16
7.4 Roles of a Deputy Governor ....................................... 16
7.5 Roles of a Speaker ...................................................... 16
7.6 Roles of the Cabinet.................................................... 16
7.7 Roles of the Clerk ....................................................... 17
7.8 Roles of the members of the assembly........................ 17
8.0 ADDITIONAL RULES OF ENGAGEMENT................... 17
9.0 FINANCING ................................................................... 18
10.0 MONITORING AND EVALUATION .......................... 18
11.0 REPORTING ............................................................... 19
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ACRONYMS AND DEFINITIONS
AACs
Area Advisory Councils
ACRWC
Africa Charter on the Rights & Welfare of the Child
AIDS
Acquired Immune Deficiency Syndrome
CDCS
County Director Children Services
CDF
Constituency Development Fund
Child
Any human being under the age of eighteen (18) years of age
DCS
Department of Children Services
FGM
Female Genital Mutilation
GV
County Government
HIV
Human Immunodeficiency Virus
IEC
Information Education and Communication
KCA
Kenya Children Assembly; An institution where children gather
together to participate in decision making, policy formulation,
planning and implementation of child related activities and issues
affecting them.
MLSS&S
Ministry of Labour Social Security and Services
NCCS
National Council for Children’s Services
SCCO
Sub County Children Officer
UNCRC
United Nations Conventions on the Rights of Children
UNICEF
UNITED NATIONS CHILDREN FUND
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FOREWORD
Child Participation is a process of child development that provides an opportunity
for children to be involved in decision making on matters that affect their lives and
to express their views in accordance with their evolving activities. Child
participation recognizes that children are not passive, powerless target group, but
rather capable communicators, who can effectively engage in activities within their
communities.
In this regards, these Operational guidelines for Children Assembly are a strategy
that will enhance the Assembly to reach to all children, even the most marginalized
groups of children and involve them in public debates, networking and skills
development at local and national levels. The Children Assemblies will provide an
enabling environment where children will participate in matters affecting them and
will create an avenue which will inform the Government on the critical issues
affecting children. It will inform on key issues like Rights of Children, education,
health, HIV/AIDS and protection of children from violence, child abuse and
exploitation.
Successful interpretation and implementation of this Operational Guidelines for
Children Assembly is expected to promote Child Participation in Kenya and lead to
establishment of a Children Institution that will ensure freedom of expression,
democracy and equality for all children.
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ACKNOWLEDGEMENT
The Ministry of Labour and East African Affairs in collaboration with the National
Council for Children Services (NCCS) has developed this Operational Guideline for
the Kenya Children’s Assembly. This is a product of broad consultation and
collaboration effort that involved the two organizations and other stakeholders at
various stages including children. This collection is a result of concerted
coordination effort by the Department of Children’s Services and the NCCS who
have been able to think through the past, considered the different issues affecting
our children so as to map out realistic strategy on Child Participation one of the four
pillars of pillars of Child rights and principle promulgated by the UNCRC in article
31, ACRWC, the Children Act 2001 in section 17 and other international and local
policy documents.
I wish to express our gratitude to all stakeholders who made valuable contribution
in the development of this Operational Guidelines. In particular the Child
Participation Committee, National Council for Children Services, Department of
Children’s Services, Non-Governmental Organizations, Community Based
Organizations, individuals, children as well as the support from a number of
development agencies.
Our special thanks to Development partners for their financial and technical
assistance. We appreciate the personal commitment and the focused leadership of
the Ministry of Labour Social Security and Services
It is in the recognition of your invaluable contributions towards the development of
this guideline that I wish to convey our sincere gratitude to all who supported us in
this endeavor. Since I cannot exhaust the list of those we owe gratitude, allow me to
wholesomely acknowledge heart fully whoever contributed towards the
development of this Operational Guidelines for Kenya Children’s Assembly either
directly or indirectly.
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EXECUTIVE SUMMARY
The United Nation On the Rights and of the Child (UNCRC), the African Charter on
the Rights and Welfare of the Child ACRWC the Children Act 2001 and the Kenya
Constitution (2010) stipulates that children have the right to form and air views,
right to expression, right to thought, conscience and religion, right to association
amongst others.
Participation, along with the right to survival, development and protection make the
four principals of the United Nations Convention on the Rights of the Child. Child
Participation being one of the four pillars of Child rights and principles enshrined by
the United Nation On the Rights and of the Child (UNCRC) in article 31, African
Charter on the Rights and Welfare of the Child (ACRWC), The Kenyan Constitution
in the chapter on bill of rights also envisages aspects of Child participation in the
rights for children .The Children Act 2001 in section 17 and other international and
local policy documents.
The Department of Children’s Services has taken lead to safeguard the rights and
welfare of all children in Kenya through implementation of relevant policies,
coordination, supervision and delivery of services. This has lead to the development
of this Operational Guideline so as to promote Children’s participation in Kenya.
This will ensure that the Department meets its mission of ensuring a society where
children become responsible citizens through fulfillment of their prescribed rights
and welfare.
The Concept of Children Assemblies established through this guidelines aims at
inculcating in children principles of child participation. The Ministry in charge of
children affairs is obliged by the UNCRC article 44 to report about Kenya’s efforts on
matters of children in the implementation of the Convention.
The goal of the Children assembly is to create a sustainable mechanism for children
to engage in policy dialogue and to influence on issues affecting from the local to the
national level. There are two levels of the Children Assemblies at National, and
County. The core values and the motto of the Children assemblies are as highlighted
in this guideline.
This guideline identifies the specific objectives, functions of the Assembly and
activities for the Children assemblies. The leadership structure and their roles at the
different levels are also highlighted. The sessions and activities of the Assembly will
be conducted during school holidays as per the guidelines and the standing orders.
The Government will take lead through the ministry in charge of children affairs, in
funding the activities of the Assembly. It will also undertake to develop Monitoring
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& Evaluation and the reporting system. Donors and other development partners also
play a vital role.
These guideline has been developed through a consultative process with the
involvement of the children. The success of its implementation will depend on the
strong will and commitment of all parties for the best interest of the Kenyan Child.
These guidelines will be reviewed in future to capture any changes or emerging
issues that might arise.
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1.0 INTRODUCTION
The United Nation Convention on the Rights of Child (UNCRC) sets out four pillars
of Children Rights. These are Survival, Development, and Protection and
Participation rights of children. These rights are echoed in the ACRWC, the
constitution of Kenya and domesticated through the Children Act 2001.
The Pillars briefly elaborated as per the UNCRC guide in child protection
programing. Survival (states that every child has the inherent right to life and
ensure the maximum extent possible the survival and development of the Child).
This addresses the issues of right to be born and be protected in all ways so as to live
a healthy life, conformable life; right to highest standard of health, health services
and maintenance. Development right deals with access to quality education develop
child’s personality and ability; develop the child morally, spiritually and physically
while Protection deals with the right to protection from work that is dangerous or
prevents a child from attending school or holistic development, protection from all
forms of abuse, Child Participation (is a process of child development that provides
an opportunity for children to be involved in decision making on matters that affect
their lives and to express their views in accordance with their evolving activities.
Child participation recognizes that children are not passive, powerless target group,
but rather capable communicators, who can effectively engage in activities within
their communities.
Child Participation as outlined in Articles 12-15 of the UNCRC provides children
with the means by which they can engage in those processes of change that will
bring about the realization of their rights, and prepare them to be active part in
society and change.
Kenya promulgated her Constitution in August 2010. Article 53 of the Constitution is
in tandem with international children’s rights, the Constitution established
internationally acclaimed principles on the rights of children, such as the best
interests of the child is paramount in every matter concerning children. This
therefore gives opportunity for children to be heard.
Kenya Children Assemblies enhance child participation in matters affecting them
and act as a medium for children to articulate the various issues, especially in
matters concerning education, health, protection from violence, abuse and
exploitation and HIV/AIDS. The Assembly will empower children to lead Kenyan
effort to promote child participation and to strengthen freedom of expression
democracy and equality of all children. These structures will provide appropriate
forums to promote association and expression of opinion for all categories of
children at all levels, with proper representation by county, age and gender.
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2.0 ADMINISTRATION OF THE CHILDREN ASSEMBLY
These guidelines provide information on the administration of the Children
Assembly.
The assembly shall be called Kenya Children Assembly (KCA).
2.1 Vision
A society where children enjoy all their rights and realize their
potential to the fullest.
2.2 Mission
To provide a protective and enabling environment where children
participate in matters affecting them through capacity building,
collaboration and advocacy.
2.3 Core Values
o
o
o
o
o
Honest
Respectful
Responsibility
Accountability
Commitment
2.4 Guiding Principles
o
o
o
o
Best interests of the child
Child Rights Approach
Non discrimination
Child friendliness
2.5 Motto
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3.0 OBJECTIVES
3.1 Main Objectives
To promote and provide children with the necessary skills to confront structural
and social change by stimulating and supporting their creativity and critical
thinking/sense so as to enable them to actively participate in the decision process
on issues concerning them and their future.
To enhance child participation in Kenya by building their capacity and provide
appropriate forums skills, stimulating their creativity, strengthening networks
and platforms for their roles in decision making on matters affecting their lives.
3.2 Specific Objectives
1. To empower children with knowledge and skills on their rights and
responsibilities.
2. To involve children in policy formulation, planning, implementation, and
give feedback on issues affecting them.
3. To provide forums for the promotion of child participation at local, regional
and international levels.
4. To facilitate networking among children and other relevant stakeholders.
5. To promote patriotism, cohesion and nationhood among Kenyans.
6. To improve the status, conditions and well-being of children and the
realization of their rights in the country.
7. To promote the participation of children and their role in promoting a culture
of child rights and raising awareness of their importance and in addition
following up the implementation of the CRC and CA
8. Create a culture of dialogue among children and between children and adults
on matters affecting them
9. To provide the children a more responsible role, for them to participate more
actively in the lives of their families, community and society.
4.0 FUNCTIONS OF CHILDREN ASSEMBLY
1. Address issues of Child participation in all situations that affect and shape the
well-being of a child.
2. Enhance and strengthen Child participation in the decision making process
in Kenya.
3. Enhance cooperation and information sharing by providing platforms for
children to share their experiences and learn from one another.
4. Lobby and organizations and duty bearers to support the best interest of the
child.
5. Creation of awareness on children rights, responsibilities and related
activities.
6. Organize forums for children to engage leaders on national matters that
promote integration and national cohesion.
7. Promote mentorship, cultural and environmental activities among children.
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NOTE: The Children will meet and develop action plans and their activities will
be conducted during school holidays to ensure all children participate.
The activities will be child centered and in the best interests of the child.
5.0 ACTIVITIES OF THE CHILDREN ASSEMBLY
5.1 Core Area 1: Empowering children with knowledge, skills, values and
appropriate attitudes on their rights and responsibilities.
o Sensitization and creation of awareness on child rights, responsibilities and
related activities
o Training children on effective child participation and build their capacity.
o Harnessing and developing talent among the children and seeking legal
protection for their patent rights.
o Engaging members of the assembly in mobilizing other children on the
activities of the Assembly.
o Developing and disseminating of Information, Education and
Communication (IEC) materials on children’s issues.
o Promotion of online child protection through the Communication Authority.
o Engaging communication Authority, print and electronic media on child
rights with care taken to sieve and filter all negative information and images
on internet and other media.
o Creating awareness on child protection issues among the communities as a
way of advocating against negative practices e.g. F.G.M.
o Create awareness on existing legal and policy frameworks, National
Institutions, Programmes and Structures for child protection.
o Promoting and appreciating cultural diversity, positive beliefs, and practices
and respect for others
o Formation of Child Protection teams for children at all levels.
5.2 Core Area 2: To involve children in policy formulation, planning,
implementation, monitoring and evaluation.
o To inform and influence Government policies and programmes that affects
their rights.
o To inform and influence the development of communication and
implementation strategies.
o Carry out research on children issues in conjunction with relevant
institutions.
o Training and writing proposals on issues affecting children to the
Government and other stakeholders
o Develop a service delivery charter for the Kenya Children Assembly (KCA)
o Develop work plans and action plans for the assemblies.
o Develop a monitoring an evaluation framework for their activities
o Monitor, evaluate and report on their programmes and activities.
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5.3 Core Area 3: To provide forums for the promotion of child participation
at local, regional and international levels.
o Organizing and participating in the annual children commemorations and
periodic children forums.
o Initiating debates on various issues affecting children through different
channels of communication e.g. Talk shows, print and electronic.
o Availing opportunities for children to discuss issues affecting their lives and
come up with appropriate interventions.
o Promoting advocacy and exchange programmes for children at all levels.
o Conducting periodic election of Assembly officials/ representatives.
o Promote Coverage and broadcasting of Children’s activities through mass
media.
o Engaging children in environmental conservation activities.
o Compiling and publishing Children newsletters.
o Participate in the review of the Kenya Children Assembly Documents and the
Child Participation Guidelines.
o Participating in the preparation of the National State Party reports, situational
analysis and research.
o Participate in the planning and mobilizing children to attend children’s
forums locally, nationally and internationally.
o Lobbying for child friendly policies and programmes.
o Participating in drama, essay, competitions, poems, songs, exhibition, sports
and games.
o Involving KCA children in community social responsibility.
5.4 Core Area 4: Facilitate networking among children and other relevant
stakeholders.
o Sharing of knowledge and experiences and other emerging issues affecting
children arising among children, parents, teachers, partners, communities..
o Networking with different stakeholders Organize exchange programs for
children both locally and internationally;-locally the exchange programs will
be done at the constituency level, county level, regional level, and national
level. Internationally it will be done with countries that already have similar
forums/assemblies
o The children to be facilitated to create a virtual assembly for on-line
consultation;-The Children will design and establish a national website.
5.5 Core Area 5: To promote patriotism, cohesion and nationhood among
Kenyans.
o Organize peace building forums at all levels.
o Develop and disseminate IEC materials and manuals on peace and
reconciliation
o Train children as ambassadors of peace and reconciliation at different levels.
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o Organize activities that promote patriotism such as participation in national
days and sporting activities, branding Kenya, competitions, drama, festivals,
and music with themes promoting patriotism, children programs on Kenya,
tourism, historical sites and cultural centers.
o Organize forums for children to engage leaders on national matters that
promote integration for national cohesion at different levels at schools,
community levels.
5.6 Core area 6: To improve the status, conditions and well-being of
children and the realization of their rights in the country.
o To promote income generating activities
o Providing financial and material support to most vulnerable children in the
communities.
Promote role modeling and peer counseling among the children.
6.0 STRUCTURE OF THE CHILDREN ASSEMBLY
6.1 Children’s Assemblies Administrative Structure
NATIONAL ASSEMBLY
COUNTY ASSEMBLY
SUB COUNTY ASSEMBLY
ASSEMBLY
DISTRICT / CONSTITUENCY
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6.2 Leadership Structure
6.2.1 National Children’s Assembly
PRESIDENT
DEPUTY
PRESIDENT
NATIONAL
SPEAKER
CABINET
SECRETARIES
CLERK
COUNTY
DELEGATE
COUNTY
DELEGATE
COUNTY
DELEGATE
6.2.2 County Children Assembly
COUNTY GOVERNOR
DEPUTY COUNTY
GOVERNOR
COUNTY SPEAKER
CLERK
District /
Constituency
Delegate
District /
Constituency
Delegate
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District /
Constituency
Delegate
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7.0 ROLES OF THE LEADERS
7.1 Roles of a President
The President will head the executive arm of children assembly. The roles will be;
1 Submitting Assembly deliberations and other communication to the Director
Children’s services
2 Opening Assemblies sessions
3 Chairing cabinet
4 Represent the children in all forums at all levels.
7.2 Roles of a Deputy President
The Deputy President will be the principal assistant to the President and will assume
Presidential roles as stipulated in this guideline in the absence of the latter or if the
position falls vacant. The roles will be;
1. Assist in Presidential roles
2. Chairing cabinet committees
7.3 Roles of a Governor
The Governor will head the executive arm of children assembly at the County level.
The roles will be:
1. Submitting Assembly deliberations and other communication to the County
Director for Children’s Services Opening Assemblies sessions
2. Chairing executive committee meetings.
3. Receiving reports from the committee chairs.
7.4 Roles of a Deputy Governor
The Deputy Governor will be the principal assistant to the Governor and will
assume Governorship roles as stipulated in this guideline in the absence of the latter
or if the position falls vacant.
7.5 Roles of a Speaker
Copy from the standing Orders page 6 The Speaker shall be elected by the
representatives during the first day of the Assembly meeting after elections. There
shall be a Deputy Speaker who will be a County or sub county delegate.
The roles of the speaker shall be;
1. Introduce motions before the members
2. Control deliberations during debates
3. Conclude debates
4. Submit to the President/ Governor the assembly deliberations.
5. Any other role assigned by the assembly standing orders
Note a speaker will vote in case of a votes tie.
7.6 Roles of the Cabinet
There shall be a Cabinet of between 14-24 members. Cabinet Secretaries will head
Ministries constituted according to the National Government Ministries.
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The Cabinet’s roles shall be;
1. Compiling issues affecting children and clustering them according to
Ministries concerned, submit to the Assembly Speaker for debate.
2. Approving motions to be tabled before the assembly.
3. Approving assembly deliberations in collaboration with the president for
communication to the Department of Children’s Services for the necessary
action.
7.7 Roles of the Clerk
Every Assembly shall have a Clerk and a deputy whose roles will be:-;
1. Compile all motions to be discussed by the assemblies.
2. Record assemblies’ proceedings.
3. Compile assembly proceedings and forward to the Assembly Speaker.
4. Administer oath of Office to the speaker.
5. Any other role assigned by the assembly’s standing orders.
7.8 Roles of the members of the assembly
Delegates will be responsible for tabling issues before the assemblies, deliberations
and voting. They shall also share the deliberations of the Assembly to the children
(views during the monitoring).
8.0 ADDITIONAL RULES OF ENGAGEMENT
1. Eligibility Age : 7- below 18yrs
2. All children who wish to participate in the assemblies must have consent
from their parents/ guardians.
3. Age: 7- 10yrs should hold separate sessions during meetings where
appropriate.
4. During deliberation discussions will be based on different cohort
5. In all assemblies, each of the following age group; 7-10 age group, 11-13 age
group and 14-17 age group, must have at least a 1/3 representation of the total
membership; All children are eligible for membership.
6. Only children who are Kenyan citizens are eligible for leadership positions
and voting.
7. Discipline and complaint procedure should be in line charter.
8. Dress code shall be school uniform.
9. Official languages to be used at all times: English, Kiswahili and Sign
language
10. Meetings shall be held during school holidays
11. The KCA at the National level will be composed of 188 members (4 drawn
from each county with a 1:1 gender representation rule.) and the Secretariat
12. Other devolved Children’s Assemblies will have 44 members with 1:1 gender
representation; 40 representatives from sub county covered by the assembly,
one Governor, One Deputy Governor, One Speaker and One Clerk. There
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shall be fair representation in all sub counties within an assembly area of
jurisdiction.
13. Children with special needs shall have 15% representation at all children
assemblies levels
14. A third of Assembly membership will constitute a quorum to transact
assembly business.
15. Election shall be conducted by secret ballot.
16. Children vying for positions in all levels of assemblies must be
17. Below 16 years of age.
18. Gender representation in leadership shall be 1:1 with alternating positions
shared between the alternating gender e.g. when the president is a boy, the
vice president shall be a girl.
19. Tenure of office shall be one term of a two year period.
20. By-election shall be held in case of relocation, missing prerequisite assembly
sittings, resignation, gross misconduct, involved in criminal and natural
attrition or on attainment of age 18 years.
21. There shall be uniform standing orders and electoral code.
9.0 FINANCING
The Children Assemblies will be funded from the National government through the
Ministry in charge of children affairs. However, these assemblies funding will be
supplemented by county government, development partners, communities,
devolved funds (e.g. CDF) and well-wishers.
There shall be a Secretariat in all Children’s Assemblies headed by the Children’s
Department. It shall comprise Officers appointed by the Director Children’s Services
and KCA Stakeholders.
Their roles shall be:
1. Assisting in convening assemblies
2. Assisting in conducting assemblies business
3. Provision of professional guidance in conducting assemblies business
4. Resource Mobilization.
5. Identification, Training and vetting of chaperones.
6. Development and review of KCA documents.
7. Identification of children to represent KCA in forums at different levels.
8. Identify the schedules of duties for the cabinet.
10.0 MONITORING AND EVALUATION
o Periodic monitoring to be done at all levels as per the structure by the
Department of Children’s Services.
o Assembly evaluation will be done towards the end of its 2-years term.
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11.0 REPORTING
Reporting will be done by all levels of the children assembly and shall follow the
formal structure adopted. All reports shall be forwarded to the successive levels and
persons mandated within two weeks after the assembly session.
Reporting will be done by the President and Governor to the;
o successive levels of the assembly;
o Children’s Officer in-charge of the assembly area of jurisdiction.
Deliberations at County levels are to be shared during the National level meetings.
The Assemblies will report on various areas which will include meetings, activities,
resources, identified issues and recommendations. It shall be done through narrative
reports, publications, and documentary, pictorial and other evidence.
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