Kenya, as a member of the international community, has long been committed to combating financial crime and adhering to global AML/CFT standards. Over the years, the country has implemented various legislative and regulatory measures to address money laundering and terrorist financing risks, including the enactment of the Proceeds of Crime and Anti-Money Laundering Act (2009) and the establishment of the Financial Reporting Centre (FRC) as the national AML/CFT regulator.

Despite these efforts, Kenya’s AML/CFT framework has faced scrutiny and evaluation by international bodies, including the FATF and other regional organizations. Mutual evaluations and assessments have highlighted both strengths and weaknesses in Kenya’s regulatory and enforcement mechanisms, with particular attention to areas such as customer due diligence, suspicious transaction reporting, and asset recovery.

Emerging Challenges

In recent years, Kenya has faced a myriad of evolving challenges in combating financial crime, which have necessitated a dynamic approach to its anti-money laundering (AML) and counter-terrorism financing (CTF) measures. These challenges encompass various aspects, ranging from the sophistication of money laundering schemes to the utilization of emerging technologies for illicit financial activities. Additionally, the financing of terrorism through illicit channels presents a critical concern for national security and stability.

• Proliferation of Sophisticated Money Laundering Schemes

The advancement of technology and globalization has led to the proliferation of increasingly sophisticated money laundering schemes within Kenya. Criminal organizations and illicit actors have devised intricate methods to launder illicit proceeds, often exploiting vulnerabilities in the financial system. These schemes may involve the use of shell companies, complex financial transactions, trade-based money laundering, and the integration of illicit funds into legitimate economic activities. The sophistication of these techniques poses a significant challenge to law enforcement and regulatory authorities in detecting and preventing money laundering activities effectively.

• Financing of Terrorism through Illicit Channels

Another pressing challenge facing Kenya is the financing of terrorism through illicit channels. Terrorist organizations rely on various means to finance their activities, including fundraising, extortion, and exploitation of informal financial networks. In some cases, legitimate businesses and charities may unknowingly become conduits for terrorist financing, highlighting the need for robust measures to identify and disrupt these illicit flows. The financing of terrorism not only poses a threat to national security but also undermines the integrity of the financial system and hampers efforts to combat transnational crime.

• Use of Emerging Technologies for Illicit Financial Transactions

The rapid advancement of technology has facilitated the emergence of new challenges in the realm of financial crime. Criminals are increasingly leveraging emerging technologies, such as cryptocurrencies, online payment platforms, and encrypted communication channels, to conduct illicit financial transactions with greater anonymity and efficiency. These technologies present unique challenges for law enforcement and regulatory authorities, as they may obscure the origin, destination, and ownership of funds involved in illicit activities. Moreover, the borderless nature of cyberspace complicates traditional approaches to AML/CFT enforcement, necessitating innovative strategies and international cooperation to address these challenges effectively.

• Continuous Adaptation and Enhancement of AML/CFT Measures

The evolving nature of financial crime underscores the need for Kenya to continuously adapt and enhance its AML/CFT measures to keep pace with emerging threats. This requires a multifaceted approach that encompasses legislative reforms, strengthened regulatory oversight, enhanced collaboration between government agencies and private sector stakeholders, and investment in capacity building and technology. By prioritizing proactive measures to address emerging challenges, Kenya can bolster its resilience against financial crime, safeguard its financial system, and uphold its commitments to international AML/CFT standards.

Financial Action Task Force (FATF) Grey Listing

Against this backdrop, Kenya’s grey listing by the FATF represents a significant development with far-reaching implications. The decision to place Kenya on the grey list reflects concerns about perceived deficiencies in the country’s AML/CFT regime, including gaps in legislative framework, inadequate enforcement capacity, and limited progress in addressing identified shortcomings. The grey listing serves as a public acknowledgment of these concerns and triggers a series of consequences for Kenya’s economy, financial sector, and international relations.

Impact on Domestic Economy

The grey listing has immediate and tangible implications for Kenya’s domestic economy, affecting investor confidence, access to international financial markets, and the cost of borrowing for both the government and private sector. The perception of heightened financial risk associated with grey listing may deter foreign investment and hamper economic growth, exacerbating existing challenges such as unemployment, poverty, and inequality.

Challenges for Financial Sector

Kenya’s financial sector, including banks, insurance companies, and other financial institutions, will face increased scrutiny and compliance requirements as a result of grey listing. Financial institutions may incur higher operational costs to implement enhanced due diligence measures, conduct more rigorous customer screening, and comply with reporting obligations. Moreover, the risk of reputational damage and potential loss of correspondent banking relationships could further strain the resilience of the financial sector.

Global Standing and Reputation

Beyond its immediate economic and financial implications, Kenya’s grey listing has broader implications for its global standing and reputation. The designation as a jurisdiction under increased monitoring by the FATF may tarnish Kenya’s image as a reliable partner in the international community, impacting its diplomatic relations, trade agreements, and participation in regional and global initiatives. Restoring trust and credibility will require concerted efforts to address the underlying deficiencies identified by the FATF and demonstrate tangible progress in strengthening the country’s AML/CFT regime.

Kenya’s grey listing by the FATF represents a critical juncture in the country’s ongoing efforts to combat financial crime and uphold international standards of transparency and integrity. While the designation poses significant challenges and uncertainties, it also presents an opportunity for Kenya to reassess its AML/CFT framework, implement reforms, and emerge as a more resilient and compliant jurisdiction in the global fight against money laundering and terrorist financing. Effective coordination between government agencies, collaboration with international partners, and engagement with stakeholders will be essential to navigate the complexities of grey listing and chart a path toward sustainable growth and development.

Understanding e-TIMS

Electronic Tax Invoice Monitoring Systems (e-TIMS) are digital platforms developed by tax authorities to monitor and regulate the issuance of electronic tax invoices by businesses. These systems aim to enhance transparency, reduce tax fraud, and promote tax compliance by providing real-time monitoring of business transactions.

Under e-TIMS, businesses are required to generate electronic tax invoices for all taxable transactions and submit them to the tax authority’s centralized platform. These invoices are digitally authenticated and stored, enabling tax authorities to track sales, purchases, and VAT obligations accurately.

Implementation and Adoption

e-TIMS implementation varies across countries, with Kenya and Rwanda serving as notable examples of successful adoption. In November 2023 Kenyans were given a notice requiring all taxpayers carrying on business to onboard on the electronic Tax Invoice Management System (e-TIMS), while Rwanda introduced its Electronic Billing Machine (EBM) system on January 1, 2021. Both countries have made significant strides in promoting e-TIMS adoption, with a big percentage of registered businesses in Kenya and in Rwanda having adopted the system.

Benefits of e-TIMS

e-TIMS offer numerous benefits for both businesses and tax authorities

1. Enhanced Tax Compliance: Real-time monitoring of transactions enables tax authorities to identify discrepancies and instances of tax evasion, thereby promoting compliance with tax laws.
2. Simplified Reporting: Businesses can generate and submit electronic tax invoices seamlessly through the e-TIMS platform, reducing paperwork and administrative burdens.
3. Improved Revenue Collection: Enhanced transparency and accuracy facilitate more efficient tax collection, thereby boosting government revenue.
4. Data Analytics: The data collected through e-TIMS can be analyzed to gain insights into market trends, taxpayer behavior, and areas of tax risk, informing policy decisions and enforcement strategies.

Success Stories

Countries like Rwanda, Singapore, and Brazil have achieved notable success with their e-TIMS implementations

1. Rwanda: The introduction of the Electronic Billing Machine (EBM) system in Rwanda has significantly improved tax compliance and revenue collection. The system has been praised for its simplicity, effectiveness, and positive impact on the business environment.
2. Singapore: Singapore’s Inland Revenue Authority (IRAS) implemented the Electronic Tax Invoice (e-Tax Invoice) system to streamline tax reporting and reduce administrative burdens for businesses. The system has been lauded for its efficiency, reliability, and contribution to Singapore’s reputation as a global business hub.
3. Brazil: Brazil’s Nota Fiscal Eletrônica (NF-e) system has revolutionized tax administration in the country, enabling real-time monitoring of transactions and combating tax evasion effectively. The system has contributed to significant improvements in tax compliance and revenue collection, positioning Brazil as a leader in e-TIMS implementation.

Challenges and Concerns

Despite their benefits, e-TIMS also pose challenges and concerns for businesses and tax authorities

1. Initial Implementation Costs: Businesses may incur expenses related to training, and system integration when adopting e-TIMS, particularly for small and medium-sized enterprises (SMEs) with limited resources.
2. Technical Issues: Connectivity issues, software glitches, and system downtime may disrupt business operations and hinder compliance with e-TIMS requirements.
3. Compliance Burdens: Some businesses may find the transition to digital invoicing and reporting cumbersome, especially if they lack adequate technology infrastructure or expertise.
4. Data Privacy and Security: Concerns about data privacy and security may arise due to the collection and storage of sensitive business information on the e-TIMS platform.
5. Disruption of Supply Chain: the challenge will be bridging the gap between informal and formal businesses.

Policy Implications and Future Outlook

The successful implementation of e-TIMS in Kenya, Rwanda, and other countries offers valuable lessons and insights for policymakers and tax authorities

1. Continued Engagement: Governments should continue to engage with stakeholders, including businesses, industry associations, and technology providers, to address concerns and refine e-TIMS processes.
2. Capacity Building: Training programs and technical assistance should be provided to help businesses, particularly SMEs, adapt to e-TIMS requirements and leverage its functionalities effectively.
3. Innovation and Adaptation: Tax authorities should explore opportunities to enhance e-TIMS through innovations such as blockchain technology, artificial intelligence, and machine learning, to further improve tax compliance and enforcement.

Electronic Tax Invoice Monitoring Systems (e-TIMS) represent a transformative approach to tax administration, offering a digital solution to enhance transparency, combat tax evasion, and improve revenue collection. The successful implementation of e-TIMS in Kenya, Rwanda, and other countries underscores the potential of technology to drive meaningful change in tax systems worldwide. By embracing digital innovations and fostering collaboration between government, businesses, and other stakeholders, countries can harness the full potential of e-TIMS to promote economic growth, enhance tax compliance, and build more resilient and inclusive economies.

Understanding VAT in the Digital Age

Value-Added Tax, a consumption tax levied on the value added to goods and services at each stage of production or distribution, has long been a cornerstone of fiscal policies worldwide. However, with the advent of the digital age, traditional tax systems face unprecedented challenges. The rise of e-commerce, digital services, and cross-border transactions has blurred the boundaries of taxation, necessitating innovative approaches to tax administration and compliance.

The European Commission’s Proposal

The European Commission’s proposal to modernize the VAT system underscores the imperative of embracing digitalization. By leveraging technology to enhance tax collection mechanisms and combat fraud, the proposal seeks to create a more efficient and resilient VAT framework. Key elements include the establishment of a One-Stop Shop mechanism for cross-border e-commerce, enhanced cooperation among tax authorities, and the implementation of advanced data analytics to detect and deter fraudulent activities.

Implications for Africa

For Africa, the European Commission’s initiative holds profound implications. As a continent characterized by diverse economies and burgeoning digital ecosystems, Africa stands to benefit significantly from the adoption of digitalized VAT systems. By aligning with global trends and harnessing the power of technology, African nations can overcome longstanding challenges in tax administration and revenue mobilization.

Insights from Kenya

Kenya, often hailed as a frontrunner in Africa’s digital transformation, offers valuable insights into the intersection of VAT and digitalization. The country has made significant strides in leveraging technology to modernize its tax system and enhance compliance. Initiatives such as the implementation of digital tax stamps, E-TIMS, and mobile payment platforms have contributed to improved revenue collection and transparency.

Challenges and Opportunities

However, the path towards digitalized VAT implementation in Kenya and other African nations is not without challenges. Infrastructure constraints, limited technological capacities, and regulatory complexities pose significant barriers to adoption. Moreover, the digital divide exacerbates inequalities, widening the gap between digitally advanced and marginalized communities. Nonetheless, amidst these challenges lie immense opportunities for innovation and progress.

Harnessing Digital Solutions

To unlock the potential of VAT in the digital age, Kenya and other African governments must prioritize investment in digital infrastructure and capacity building. By enhancing connectivity, expanding broadband access, and fostering digital literacy, nations can empower businesses and citizens to participate more effectively in the digital economy. Furthermore, leveraging digital solutions such as e-invoicing (Case study of Kenya), electronic tax filing, and blockchain technology can streamline tax processes, reduce compliance costs, and enhance transparency.

Fostering Collaboration

Collaboration between governments, businesses, and international stakeholders is essential to navigate the complexities of digitalized VAT implementation. In Kenya, partnerships with tech companies and international organizations have played a crucial role in driving innovation and knowledge sharing. Regional integration efforts, such as the East African Community (EAC), present an opportune platform for harmonizing tax policies and facilitating cross-border trade.

As Kenya and other African nations embrace digitalization, it is imperative to ensure inclusivity and equity in VAT policies. Governments must adopt progressive tax measures that protect vulnerable populations and promote inclusive growth. Furthermore, investments in digital skills training and entrepreneurship programs can empower marginalized groups, such as women and youth, to participate more actively in the digital economy.

VAT in the digital age represents a paradigm shift in taxation, offering both challenges and opportunities for Africa, with Kenya serving as a beacon of progress. By embracing digitalization and fostering collaboration, African nations can overcome barriers to implementation and harness the transformative potential of VAT in driving economic growth and development. As the continent embarks on this journey, it must remain steadfast in its commitment to inclusivity, equity, and innovation, ensuring that the benefits of digitalization are shared by all. Through concerted efforts and strategic investments, Africa can chart a course towards a more prosperous and digitally empowered future

A recent report from the Organisation for Co-operation and Economic Development (OECD) reveals that many African countries collect a smaller proportion of their GDP in taxes compared to counterparts on other continents. The average tax-to-GDP ratio for 30 African countries in 2018 was 16.5%, considerably lower than the 34.3% average for 38 OECD member states and the 23.1% average for Latin American and Caribbean nations.

Significant variation exists among African countries, with some like Seychelles, Tunisia, and South Africa boasting tax-to-GDP ratios above 30%, while others such as Nigeria, Equatorial Guinea, Chad, and the Democratic Republic of the Congo fall below 10%. The report attributes Africa’s low average tax-to-GDP ratio to factors such as weak tax policy design and implementation, low compliance and enforcement, and high levels of informal economic activity and tax evasion.

Despite these challenges, positive trends emerge, including a 1.4 percentage point increase in the tax-to-GDP ratio from 2010 to 2018, driven by higher revenues from value-added tax (VAT) and individual income taxes.

In recent years, many African countries have intensified efforts to boost tax collection. Measures include increasing VAT, excise duties, and individual income taxes. For instance, Kenya’s 2023-24 budget doubled VAT on fuel and raised income tax rates for higher earners.

Governments are also reducing subsidies, tax exemptions, deductions, credits, and preferential rates to enhance revenue collection. The rationale is that such breaks tend to lower the tax liability but disproportionately favor the wealthy over the less affluent. Nigeria, for example, has eliminated fuel subsidies as part of its economic reforms.

These initiatives have led to a consistent rise in total tax revenues collected by African countries. For instance, the South African Revenue Service (SARS) has seen its total tax revenue collection grow from R216.5bn ($11.6bn) in 2017/18 to R563.8bn ($30.2bn) in 2021/22, with a compound annual growth rate of 6.5%.

However, tax reforms, while improving a country’s fiscal situation, come with risks and challenges. High taxes, if not applied prudently, can negatively impact the economy by reducing consumer spending, discouraging business investments, and lowering incentives to save and invest. Instead of focusing solely on high taxes, policymakers are advised to aim for a fair and efficient tax system that considers various factors.

The World Bank suggests balancing objectives such as raising revenue, promoting growth, and minimizing administrative costs while ensuring fairness. Fairness considerations include relative taxation for different groups of taxpayers, such as the rich and the poor, individuals and corporations, urban and rural areas, the formal and informal sectors, and various income sources.

Simplifying the tax code is crucial, as overly complicated systems are associated with high levels of tax evasion, large informal sectors, corruption, and reduced investment. Modern tax systems should optimize collections while minimizing the burden on taxpayers to comply with tax laws.

To widen the tax base, African countries must focus on bringing in the informal sector, a significant source of untapped revenue. Daniel Ngumy, managing partner of ALN Kenya, emphasizes the need to expand the tax base by including informal workers. Relying on a few large taxpayers poses risks, and incorporating the informal sector can mitigate the impact if a major taxpayer leaves the country.

A representative from EY advocates for top-down approaches where larger formal firms encourage tax compliance by smaller firms and suppliers in the informal sector. Governments should support informal sector growth and increase its tax contribution by providing better access to finance and public services. Simplifying the registration process for informal businesses can contribute to a culture of tax compliance.

Leveraging technology is key to modernizing tax administration. Digital tools can enhance data collection, analysis, and facilitate online filing and payment of taxes. The adoption of technology can reduce tax evasion through information exchange across different tax systems within and outside the continent.

Specialized teams within tax authorities can also increase capacity for tax revenue collection. Large Taxpayers Offices and International Tax Offices, such as those in Kenya and South Africa, have teams specifically trained to handle tax matters for large taxpayers and multinationals.

Collaboration among African tax authorities is essential to address common issues. Platforms like the Africa Tax Administration Forum provide opportunities for sharing knowledge and insights on tackling key issues like transfer pricing and managing multinational companies.

However, caution is required in tax reforms. Evidence should guide countries like Kenya, which has experienced underperformance in payroll taxes after implementing higher PAYE rates and new mandatory deductions. The effects of the “Laffer curve,” proposed by economist Arthur Laffer, where there is an optimal tax rate for maximizing revenue, must be carefully considered.

Over-taxation can lead to political instability, protests, and challenges for incumbents seeking reelection. Building trust between taxpayers and tax administrations is crucial for compliance. Developing campaigns and strategies to enhance trust is vital, as noted by the World Bank, which emphasizes that a lack of trust in the state’s role as both tax collector and service provider deters taxpayers from entering the formal economy or paying their full taxes.

A gradual approach to implementing tax reforms can ease the immediate burden on the public, reduce resistance, and provide time for adjustment. Addressing governance issues and improving transparency in the use of public resources are crucial steps toward building trust and generating increased domestic resources. African countries should focus on strengthening governance and tackling corruption to foster trust and promote efficient taxation.

I remember my breastfeeding moments with tears in my eyes. Breastfeeding is not as natural as most people think. When my child was handed to me at Mombasa Hospital, I froze. I thought breastfeeding is just positioning the baby on the boob and walah! Shock on me. There is something called latching that I had no idea about. Let alone hear about it. – and NO, don’t look at me like why did you not do your research- please NOT TODAY.

There was no milk, my baby cried and the gracious nurses took the baby away and fed her formula. I had a lot of help in the hospital. I felt a little like… oh, you know, a failure (postpartum hormones are not nice). Nurses told me it would be in my best interest to supplement with formula. So I did. What did I know? I met a lactation consultant a few hours before we exited the hospital and she said three words: supply and demand. Right. But even after my milk was coming in, breastfeeding was more difficult than I thought. My instinct was to nurse, but it took a toll on me mentally and physically. I felt restrained, and then I felt guilty for feeling restrained.

I went home and we were fine. A few weeks into it, my nipples cracked. I wanted to die. That is the most painful bit of it all. It is more painful than healing the C-section wound. I still wanted to breastfeed but the pain was too much. I CRIED and cried and cried for days. I had to supplement again when we were just getting there. Thank God for a partner who has always supported me. He would mix the formula himself and keep reminding me to apply my creams.  I tried all brands of formula because the child kept refusing. Luckily, we found one. Did anybody tell us the price of a formula tin? NO. It does not come cheap; Does the nipple cream come cheap? NO; Did anybody tell us about the colicky foods? GOOGLE

You know, Breastfeeding can be an extreme subject.  Either you’re frowned upon because you’re exposing yourself in public, or you’re exiled because your “unsuccessful” try just wasn’t good enough for someone. Regardless, we all know the amazing benefits, and while nursing just isn’t in the cards for everyone, your level of success can often be about the support system around you. I, personally, had to seek that encouragement.

Then my maternity leave came to an end. Post-partum depression had already kicked in and I hated myself. I felt like I was not doing enough. My milk dried up completely and you can imagine what that did to me mentally.

With two tots now, here are some of the lessons I have learned along the way:

It takes time.

It most likely won’t happen overnight. In fact, it will most likely take weeks. And that’s okay. I promise you aren’t alone! Sometimes it’s helpful to find a breastfeeding support group (Like I had one- ‘MUMMY AND ME’ More power to you;’ where you can ask for help or share experiences with others!

Breastfeeding DOES hurt.

It hurts a LOT. And YES, this is due to a poor latch. But here’s the thing…it’s rare babies come out latching perfectly. It takes a bit of time to get the hang of it and LEARN each other. Babies mouths are all different sizes, and our boobs are all different shapes and sizes. And once engorgement hits, it changes things up again (which usually happens when we get home from the hospital with no help!). But until we figure it out together, we will most likely experience some pain from the process.

It’s emotional.

Hormones are a-blazin’ with breastfeeding, and emotions can run wild. I remember with my second born, the hospital gave me a cut syringe to pull the nipples out because they were inverted (How now?) and I hated that thing. It made me CRY. Again…irrational. But that’s what happens when you’re sleep-deprived with raging hormones! There are many emotions that come with breastfeeding, especially the weaning process. No one tells us this!

It’s not easy.

I’ll never understand when people say breastfeeding is easy.  If it comes easy to you, that’s amazing! But it surely hasn’t for me or many other mamas I know. And this is what NO ONE tells you going into it. I feel like if I knew it was going to be hard and had realistic expectations, I might not have been as stressed. If breastfeeding is what you’re choosing to do, get help from lactations consultants

It’s okay if you choose not to for any of these reasons. Or can’t at all.

Fed is best. Fed is best. Fed is best. We do not drive this home enough to new moms. It’s okay if you give breastfeeding a shot and decide it’s not for you. It’s okay if you decide you don’t want to try at all. Some moms deal with low milk production and aren’t able to breastfeed, and some babies end up in the NICU with mom unable to breastfeed. Whatever the situation, as long as your baby is fed, that’s all that matters. And we need to stop judging moms on the decisions they make to care for their babies.

YOU ARE DOING WELL. KEEP GOING

To all the women who feel empowered to feed their babies already and have no problem standing up for themselves… all the freaking power to you. I couldn’t love you more.

WHAT DOES THE KENYAN LAW SAY ABOUT BREASTFEEDING MOTHERS? – ALN Kenya

The Breastfeeding Mothers Bill, 2019 (the Bill) was introduced to the National Assembly on 18 October 2019. It requires employers to provide breastfeeding mothers with the time and space to freely express breastmilk, prescribes minimum standards for lactation stations, and introduces penalties for non-compliant employers.

Current Law on Breastfeeding at the Workplace

The Health Act, (Act No. 21 of 2017) (the Health Act) already requires all Kenyan employers regardless of size or nature of work to establish lactation stations in the workplace for employees expressing milk. The Health Act requires lactation stations to be equipped with the necessary equipment and facilities, including handwashing equipment, refrigerators or appropriate cooling facilities, electrical outlets for breast pumps, a small table, and comfortable seats.

Following the enactment of the Health Act, the Ministry of Health published “Guidelines for Securing a Breastfeeding Friendly Environment at The Work Place” in May 2018. The guidelines provide direction to public and private institutions on how to create breastfeeding-friendly workplaces.

The Breastfeeding Mothers Bill, 2019

As indicated above, the Bill introduces a stronger statutory framework to protect, promote, and support breastfeeding, especially among working mothers. Below are the salient provisions of the Bill.

1. Lactation Stations

Employers should already be aware that there is a legal requirement under the Health Act to provide lactation stations for breastfeeding mothers.

The Bill now provides minimum standards for the lactation stations and provides that every station shall:

1. be shielded from view and be free from intrusion from co-workers;
2. be clean, quiet, private, and warm;
3. not be a bathroom or toilet;
4. have a lockable door;
5. have a wash basin;
6. have a fridge for storing expressed milk;
7. have a provision for an electric outlet and lighting; and
8. have a chair, table and a clean space to store equipment.

In addition to the minimum standards, the Bill requires employers to provide a physical environment that is safe for the baby as well as appropriate programs that develop a baby’s cognitive, emotional, social, and language abilities.

It is important to note that failure to meet the minimum standards in respect of the lactation stations would attract a fine not exceeding KES 500,000 (approx. USD 5,000) or imprisonment for a term not exceeding one year, or both.

1. Breastfeeding Time and Flexible Work Arrangements

The Bill requires employers to allow a reasonable break time to a lactating mother for purposes of breastfeeding the baby or expressing milk. The break time shall be considered to be within working hours and shall not exceed forty minutes every four hours worked.

In addition to the above, the Bill allows employees to apply for a flexible work arrangement to breastfeed or express milk.

The flexible work arrangement shall specify:

1. the number of hours the employee is to work;
2. the type and number of work assignments; and
3. the exact location of where the employee is to work.

The employer is required to respond in writing within 14 days of receipt of such an application.

1. Baby Changing Facility in Public Spaces

In addition to the protections for breastfeeding mothers, the Bill introduces an interesting requirement for public spaces. It provides that any “person who owns, leases, or rents a public or private building accessible to the public, which has a facility which has a minimum occupancy of fifty persons, shall install a baby changing facility”.

The baby changing facility shall be clean and private, have a baby changing table, have a waste bucket, and have signs indicating its location.

Any contravention of the provisions of the Bill will attract a fine not exceeding KES 1,000,000 (approx. USD 10,000) and/or imprisonment for not more than one year.

A few weeks ago, I was invited to speak at an online youth event. I couldn’t wrap my head around that. I wondered why me. This isn’t for me. I’m not the type of speaker they want. What have I done that is worth talking about? How could I possibly compare myself, and all of my failures, to the brilliant women who could have spoken on that day?

I was intimidated; the imposter syndrome was doing its job. I continued to lurk in the shadows of the internet. I read about the trolls and wondered if I was ready for that. I then went on YouTube and watched all the brilliant speeches I would. It wasn’t until 5 days before the event that I decided to take the leap of faith. I committed to passing a message to this particular group. I wanted to tell them what I thought they needed to hear.

At that point, I figured what is the worst that could happen? If I don’t accept this offer, then this imposter syndrome will eat away at me for the rest of my life. Vulnerability and honesty were the only paths I could think of.

I can’t explain what I felt the moment I clicked ‘join meeting’. A sense of calm, I felt like a winner. At that point, I believed in myself and I had so much fun while at it.

As women, we often feel like frauds, don’t we? I know I do and often, and there’s a term for it: the imposter syndrome.

Imposter Syndrome: an inescapable or pervasive feeling that you are not good enough, not smart enough, and don’t belong. Feeling as if you are a fake, a phony. Feeling insecure and doubting yourself, often despite evidence to the contrary. Feeling that you “got lucky” getting a job or into a school, not that you actually deserved it.

The term ‘imposter syndrome’ was originally coined by Pauline Clance and Suzanne Imes in their landmark 1978 study of 150 highly successful professional women in various fields where despite great achievement, ranking, and salary, many women felt like frauds.

It boils down to confidence, and despite more women than ever thriving in the workplace, it’s sad to admit, we’re so often our own worst enemies.

One of the greatest women, Mayo Angelou suffered from the syndrome,

‘I have written eleven books, but each time I think, “Uh oh, they’re going to find out now. I’ve run a game on everybody, and they’re going to find me out.” ‘

Oscar winner Kate Winslet feels it,

‘Sometimes I wake up in the morning before going off to a shoot, and I think, I can’t do this.  I’m a fraud’.

In a December 2018 girls event, in North London, Michelle Obama was asked how she felt about being viewed as a “symbol of hope.”

This is what she said “I still have a little [bit of] impostor syndrome, it never goes away, that you’re actually listening to me.”

What have I gathered along the way; How do we crush this monster?

Know the signs

Pay attention to your language choices, both when you’re talking to other people and when you’re talking to yourself — especially when it comes to talking about work. If you find your own success or the praise others give you uncomfortable, do some reflective thinking on where those types of thoughts came from and what it mean in your professional life.

Claim Your Title

You need to CLAIM your title. Like, right now. Take out a piece of paper and a pen, or open the Notes app on your phone, and start a list. Write down your title. Like if someone asked you the question, “What do you do?” and you answered without fear, what would that title be? CLAIM IT.

Then, make three bullet points and answer these questions: Who do you serve? How do you serve them? What is their end result? One of the best ways to combat Imposter Syndrome is to get confident talking about what you do. If the next time someone asked you that question you could respond with your title and a summary of the answers to these questions, you’re claiming the title that used to make you feel like a fraud. Don’t add any caveats or verbal disclaimers, just a prompt and clear response, and leave it at that.

Admit You Don’t Have All the Answers

I want to make one thing crystal clear: Just because you own your title does not mean you need to have all the answers. In fact, I want you to admit that you don’t have all the answers, and that’s okay.

If you’re faced with a question about your line of work, THAT’S OKAY. You have permission to always be learning, to start with imperfect actions, and to keep getting better over time. I’d hate for you to hide your magic from the world because you’re afraid of getting stumped by a little question from someone who doesn’t have a single clue about all the big things you’re destined to do.

I challenge you to take imperfect action and to continue to grow. Imperfect action makes things happen. Take big, bold, imperfect steps forward. If you get a question that you can’t answer. Say it: I don’t know… And then ask for help along the way. And with every imperfect step forward, you’ll start to learn the answers to those questions that once stumped you. You’ll start moving in the right direction. New questions will arise… Trust me, they never stop popping up, but just because you don’t have the answer right now doesn’t make you an imposter. 

Let go of your inner perfectionist

Many people who suffer from impostor syndrome are high achievers; people who set extremely high standards for themselves and are committed to doing their best and being the best.

But perfectionism only feeds into your impostor syndrome. When you feel like a fraud, it’s usually because you’re comparing yourself to some *perfect* outcome that’s either impossible or unrealistic.

Not only can no one do everything perfectly, but holding yourself to that standard can actually be super counterproductive. At some point, you need to take a step back and ask yourself: When is good enough good enough?

Bottom line? While striving for perfection is certainly noble, it’s usually not realistic — and often, it’s counterproductive and will only make you feel more like a fraud.

Celebrate Small Wins

Celebrate your accomplishments even if those are small wins. This has been such a game-changer for me. Whether you finished a project, or accomplished a task or goal, take time to celebrate it and recognize that you did it. Everyday progress — even a small win — can make all the difference in how you feel and perform.

I would wish to hear your Imposter Syndrome stories and how you overcame it.

‘’When they ask that you serve them tea in a board room, ask him ‘Maybe you should come and show me how you like your tea done’ ‘’ with a smile on your face. The elder women would burst out into laughter. Little did I know that this is a common phrase in Kenya’s board rooms. I also read a post from Amakove Wala about the same thing. I thought how ridiculous? How can I be asked to serve tea in a board room?

Fast forward, a few years later, IT HAPPENED TO ME GUYS. IT DID. The waiter came in to serve us and he was asked to leave. I actually thought it would have been self-service. BUT NO! I was instructed to serve the team tea.  I was asked to serve tea. I COULD NOT BELIEVE IT. I was the youngest woman in the room. I sat there baffled and thought that it could have been a certain joke. Serve Tea? I remembered Catherine Musakali, strutting along the hall of Silver Springs Hotel telling us how to answer to this.

I could not muster the courage to say no. I stood, in my heels and served the tea. I did. All this time, trying to listen (because I could not engage in the conversation lest I spilled the damn tea on their crisp suits) I was also taking minutes in that particular session.

I was unhappy. I felt awful. I asked myself a myriad of questions. How could they ask me to serve tea? Why did I do it? Did I have a choice of declining? You see, we all have reactions. They’re perfectly normal. But they don’t have to determine the direction the conversation takes. When it comes to tough conversations, your reaction doesn’t define you. Your response does. I unwillingly chose to obey and stay silent.

Working in an environment with the younger generation, this seldom happens. But there is something with the older folk that does not sit right. It is ok to serve the tea voluntarily.

Dear women on whose shoulders we stand on, Catherine, Amakove, Prof Nyokabi, Carol M, WOBN, I AM SORRY I served the tea. I do not know how I would have declined especially since it was coming from an older person. On behalf of younger women, in such forums, how do we politely decline?

We are in one board room in the same capacity; colleagues, SERVE YOUR TEA.

• You go as far as you can see. Not with your eyes, but with your mind.
• Have a vision
• Invest in yourself- Reskill, Retool
• There is nothing like Perfection
• – As cliché’ as sounds, use human interactions, it’s not all about systems
• Speak Up. Even if your voice shakes
• Everything you do from conviction bears fruit
• Confidence take their space
• Do you honey, the world will adjust
• If you are not invited to the table, make your own goddamn table
• Trust your process
• The internet is a tricky place. Remember Garbage in, garbage out
• Do it scared. Do it knowing that you will not know everything. Do it even though you don’t feel ready. Do it without perfection, whatever you do, take the leap and go for it
• Stay prayed up