Summary Report of Independent Human Rights Mechanism (SIKIKA 2)

This summary report provides an account of the activities of the Independent Human Rights Mechanism (IHRM) of Kakuzi's Operational Grievance Mechanism (OGM) commonly locally known as SIKIKA 2 since its inception in February 2022 hitherto.

The report focuses on providing information on the results, outcomes and trends of the cases reported to the IHRM the bulk of which relate to the alleged human rights impacts by Kakuzi guards in early September 2014. It also aims to inform the public and stakeholder groups of the existence of an Independent Human Rights

Mechanism, the role it plays and its accessibility. In a nutshell, the OGM provides a systematic and transparent process for receiving, investigating and addressing company related grievances from affected workers, neighbouring communities, farmers and other stakeholders. Essentially, the overall objective of SIKIKA is to improve Kakuzi's existing processes to respect human rights,

to provide access to remedy and generally to fortify relationships with its stakeholders. The IHRM forms Tier 2 of SIKIKA framework, hence the acronym SIKIKA 2, which is managed and implemented by an independent team.

The Kakuzi's OGM has been developed in line with the UN Guiding Principles on Business and Human Rights (UNGPs)1 , as well as the efforts of the Kenyan Government to domesticate the UNGPs through the development of the Kenya National Action Plan on Business and Human Rights2 . The UNGPs' effectiveness criteria for non- judicial mechanisms (UNGP 31) have formed the foundation for the design, development and initial implementation of the OGM

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1 The UNGPs are the most authoritative international standard for human rights and business. For more information about the UNGPs, see: https://www.business-humanrights.org/en/big-issues/un-guiding-principles-on-business-human-rights/

2 Kenya has developed a National Action Plan (NAP) on Business and Human Rights. For more information, see https://nap.knchr.org.

SIKIKA 2 is the second Tier of the Kakuzi PLC's Operational Grievance Mechanism (OGM), charged with the responsibility and mandate of undertaking independent investigations into 'serious impact on human rights that have been caused by, contributed to, or directly linked with Kakuzi and/or its (sub) contractors³. ' Tier

2 is a non-judicial Independent Human Rights Mechanism (IHRM) with its own procedures, supports and safe guards to review complaints about serious impacts and provide remedy to victims of such impacts. Tier 1 of the SIKIKA is an

internal mechanism meant to address operational impacts, such as health and safety, living and working conditions and other grievances that are handled and resolved at the company level.

The IHRM came into being on 30th November 2021, when the Head of the Mechanism and the Lead Investigator were both formally inducted by Kakuzi SIKIKA team led by the Managing Director. In January 2022 t the Head of the IHRM was officially appointed to steer the mechanism and strategically engage with resourceful persons in

readiness for their respective tasks.

Currently, SKIKA 2 team comprises of the Head of IHRM, Lead Investigator, three Investigators (Fact- Finders), ICT Specialist, three Legal Assistants and a Receptionist.

During induction, all members of this team Signed a Statement of Ethics and Confidentiality Agreement in accordance with the Human Rights Code of Conduct for OGMs.