Overview

1. Purpose

The Purpose of this Policy is to ensure that KCB Foundation and associated parties acting for and in relationship with KCB Foundation maintain respectful treatment of all persons, and actively prevent all forms of abuse, exploitation and harassment.

2. Policy Statement

KCB Foundation is committed to respecting and protecting Vulnerable Persons against any form of abuse, exploitation, discrimination, or harassment. Particular attention shall be paid to children, youth and Persons Living with Disabilities (PLWDs).

3. Scope, Audience & Exclusions:

3.1 Scope and Audience

This policy applies to the KCB Foundation, and to KCB Group staff, and to associated persons including Suppliers, Consultants, Beneficiaries, Agents and others acting for and in relationship
with KCB Foundation. The policy must be adhered to by all staff, partners, vendors and consultants and beneficiaries to be safeguarded – children, youth and PLWDs.

3.2 Exclusions

There are no specified exclusions to this policy except as may be so provided on a case-bycase basis in the implementation of this policy and authorised by the KCB Foundation Board of Trustees

4. Definitions:

See attached Appendix I – “Glossary of Terms”

5. Key Principles/Policy/ Procedures:

All members of staff, consultants, beneficiaries, agents and others acting for and in relationship with KCB Foundation shall be required to uphold the principles of Vulnerable Persons protection. KCB Foundation shall maintain appropriate rules, regulations, procedures and reporting mechanisms to implement this Policy.

5.1 Risk Assessment & Prevention of Abuse

KCB Foundation recognizes that there are a number of potential risks to staff and Vulnerable Persons in the various programmes. KCB Foundation shall proactively assess and manage safeguarding risks. KCB Foundation shall ensure that all activities undertaken shall incorporate thorough safeguarding risk assessments.

KCB Foundation shall further maintain adequate risk management to identify risk factors pertaining to any form of abuse, exploitation, discrimination, or harassment and shall take appropriate measures to prevent such abuse before it occurs.
KCB Foundation shall maintain preventative measures to minimize the risk of its representatives and staff abusing power and causing any form of abuse, exploitation, discrimination, or harassment to any KCB Foundation program participant or member of the wider community, and to Vulnerable Persons in particular.

5.2 Safe Recruitment

KCBF shall use the KCB Group Recruitment and Selection Policies and Procedures.

5.3 Safe Partnerships & Value Chain Relationships

KCB Foundation Management shall ensure that Partners and other parties involved in the KCB Foundation value-chain maintain adequate Safeguarding policies and practices by the organizations and their staff in engagements where KCB Foundation is involved.

5.4 Safeguarding Policy Declarations & Compliance Statements

KCB Foundation shall require all new KCB Foundation staff to sign declaration statements indicating that they have read and understood the safeguarding policy and procedures, and shall comply with the guidelines. The Declarations shall be renewed annually by all KCB Foundation staff. KCB staff involved in projects relating to Vulnerable Persons shall sign the declaration statements prior to any engagement with the Vulnerable Persons.

5.5 Capacity Building

KCB Foundation shall develop capacity of all staff working with or for Vulnerable Persons to appropriately prevent, detect and respond to abuse and exploitation of Vulnerable Persons as reflected in this policy. Staff training shall be provided to ensure organizational policies and practices are understood and effectively implemented.

5.6 Awareness

KCB Foundation shall ensure that all staff involved with Vulnerable Persons’ programs, are aware of the safeguarding policy and procedures; including national laws and international instruments as applicable.
KCBF shall make the Vulnerable Persons aware of their rights and obligations when engaged in any of the Foundation programmes and projects.

5.7 Reporting Mechanisms for Safeguarding Cases

KCB Foundation shall maintain confidential reporting mechanisms that shall enable Vulnerable Persons and any other involved parties to safely report any concerns relating to their wellbeing and safety. Vulnerable Persons shall be informed of the established reporting mechanisms.

KCB Foundation shall handle the reported safeguarding cases/impropriety matters as the first line. Safeguarding Cases maybe reported through different channels including but not limited to whistleblowing channels, social media, suggestion boxes, reports from partners and beneficiary walk ins.

5.8 Incident Response and Follow Up

KCB Foundation shall ensure that after any incident or report of abuse and exploitation, adequate measures are taken to ensure that necessary action is taken, and that evaluation and organizational learning are achieved to avoid recurrence.

KCB Foundation shall retain written records of all reports of abuse of Vulnerable Persons.

5.9 Informed Consent

KCB Foundation shall provide Vulnerable Persons with all necessary details to make an informed decision regarding their participation in programs and activities, including use of their personally identifiable details. These may include among others, their voice recordings, videos or images. The Vulnerable Persons shall be facilitated to understand how their personally identifiable details shall be used and shall be supported to identify and evaluate any
associated risks. Personal information and/or images of Vulnerable Persons shall only be used after informed consent has been obtained in writing from them, and from their parent(s) / legal guardian(s).

5.10 Data Protection and Privacy

In order to protect the privacy of KCB Group customers, employees, vendors, third parties or other stakeholders, the operationalization of this Policy shall be done in a manner that ensures compliance with data protection principles.

The data protection principles provide for collection, processing, storage and/or transfer of personal data/ sensitive personal data in a manner that recognizes the privacy of customers, employees, vendors, third parties or other stakeholders consistent with prevailing law and the KCB Group policies on data protection.

5.11 Gender Equality and Non-Discrimination

KCB Foundation shall take into account gender equality and non-discrimination requirements in all programmes.

KCB Foundation shall recognize that women and men face different risks relating to their safety and protection, and that all Vulnerable Persons have the equal right to protection irrespective of race, colour, sex, language, pregnancy, disability, marital status, health status religion, political affiliations, national, ethnic or social origin, age, property, birth, conscience, belief, culture, dress, or language.

6. Relevant Legislation

This policy shall take cognisance of statutory and regulatory requirements of the countries in
which KCB Foundation Programmes run.

• Children Act; No 8 of 2001
• Sexual Offences Act 2006
• UN Convention on the Rights of the Child (CRC)
• International Labour Organization Convention No. 182 on the Prohibition and
• Immediate Action for the Elimination of the Worst Forms of Child Labour.
• Occupational Safety and Health Act 2007
• People with Disabilities Act, 2003
• The Data Protection Act, 2019
• The 2010 Constitution of Kenya
• Education Act
• Access to information Act
• Mental Health Act
• Employment Act 2007
• African Charter on the Rights and Welfare of the Child (ACRWC)

7. Related Internal Policies:

This policy shall cross reference other relating policies as listed below:

• KCB Group Code of Ethical Conduct
• KCB Group Harassment and Discrimination Policy
• KCB Group Recruitment and Selection Policy.
• KCB Group Induction and Orientation Policy
• KCB Group Diversity and Inclusion Policy
• KCB Group HR Risk and Compliance Policy
• KCB Group Disciplinary and Grievance Handling Policy
• KCB Foundation Risk Appetite Policy
• KCB Group Data Protection & Privacy Policy
• KCB Group Occupational Health, Safety and Environmental Policy

8. Roles and responsibilities

8.0 KCB Foundation

KCB Foundation has the primary responsibility in handling safeguarding cases.

8.1 KCB Group PLC Board

The KCB Group Board has the responsibility to institute policies across KCB Group (Policy Approver). The Board has delegated its authority to approve policies and auxiliary policy matters to the Group Audit and Risk Committee, subject to where KCB Subsidiary Boards maintain Board authority for Policy approval.The KCB Foundation Board of Trustees shall be responsible to approve this policy.

8.2 KCB Foundation Board of Trustees

The Board shall be responsible for instituting policies within KCB Foundation and shall assist the KCB Group Plc Board through the KCB Group CEO in providing oversight in policy implementation and ensuring an effective management framework conforming to national regulations.

8.3 KCB Group Plc Chief Executive Officer and Managing Director

1. The Chief Executive is the “Responsible Executive” responsible through the EXCO for
   overall oversight on execution of this Policy.
2. The Chief Executive Officer is responsible for ensuring KCB Foundation receives
   adequate support in implementation of this Policy.

8.4 KCB Group Executive Committee (EXCO)

Group EXCO shall be responsible for implementing policies approved by the Board and developing procedures for effective management of Group entities.

8.5 Group Director Marketing, Corporate Affairs & Citizenship

The Group Director Marketing, Corporate Affairs & Citizenship shall be the “Policy Owner” responsible for the implementation, monitoring and accountability in the areas covered of the policy as well as dealing with non-compliance. The Group Director Marketing, Corporate Affairs & Citizenship is accountable for the timely review, updating, and dissemination of policies and procedures in their functional area.

8.6 Head of KCB Foundation

1. The Head of Foundation shall be the policy “Contact Person” responsible for
   monitoring and reporting on compliance to this policy.
2. The Head of Foundation shall be responsible for ensuring effective communication,
   oversight and implementation of the policy.
3. The Head of Foundation shall be accountable for the timely review, updating and dissemination of procedures relevant to this policy, including the operation of an adequate mechanism for reporting and treatment of any safeguarding concern, as well as application of lessons learnt from specific incidents to improve the policy and
   practice.
4. The Head of Foundation shall oversee the reported safeguarding cases to ensure they are reported, escalated and resolved timely and carry out referrals.
5. The Head of Foundation shall report the progress of safeguarding cases to the project board.

8.7 KCB Foundation Staff & KCB Group Staff

1. Adhere to this policy.
2. Be aware of potential risks relating to Vulnerable Persons and take appropriate action so as to minimize risks
3. Foster an environment where Vulnerable Persons are respected and encouraged to discuss their concerns and rights, and where concerns relating to Vulnerable Persons can be easily and safely raised and discussed
4. Recognize and remedy potential situations which may lead to all forms of abuse against Vulnerable Persons.
5. Ensure that ALL one-on-one interaction with Vulnerable Persons are done in plain view of other people, i.e. in an open public space, in the same room as another person or in a room with large windows which permits others to clearly see into the room
6. Ensure that Vulnerable Persons are aware of their rights, policies and resources which are available to them if there is a problem
7. Report to the Foundation any concerns involving protection against abuse of Vulnerable Persons (whether by staff or partners) and take appropriate actions
8. Ensure that the Vulnerable Persons are well-informed of the types of intervention agreed upon

9. Breaches to Policy

1. Any member of staff found to have violated this policy shall be subject to disciplinary action, up to and including suspension, expulsion, and/or termination of employment or contract in accordance with disciplinary procedures in place
2. Any external entity, contractor, consultant, business partner or temporary member of staff found to have violated this policy shall be held in breach of contract, and as such, shall be subject to grievances or penalties allowed by such contract.
   All exceptions shall require prior approval by the KCB Foundation Board in writing. The Originating KCB Group operating entity shall raise an exemption. Noncompliance which is not supported by an exemption request is considered a breach of this Policy, of security standard and must be reported.

10. Related procedures/Documents

• KCB Group Whistleblowing Procedures
• Partner Sub agreements

11 Acknowledgements

No external source documents, other than material researched over public sources and the internet have been used in the preparation of this policy.

12. APPENDIX I

12.1 Glossary of Terms

a) Abuse

Physical, sexual, psychological and mental injury to Vulnerable Persons within KCB Foundation programmes

b) Assessment

An assessment is a process put in place that identifies the needs of an individual, whether
these needs are being met and how their wellbeing and day to day life are being impacted.

c) Child

Any human being under the age of eighteen years within KCB Foundation Programmes.

d) Consent

Consent refers to the individual’s voluntary and continuing permission for an intervention. The individual must have adequate knowledge of the reason, nature, likely
consequences and risks of that intervention.

e) Harm

Harm refers to any ill-treatment including all forms of abuse.

f) KCB Foundation

A KCB Group’s Corporate Social Responsibility program

g) KCB Group

KCB Group Plc and KCB Group Plc Subsidiaries and entities in which KCB Group has an interest.

h) KCB Group Board

KCB Group PLC Board of Directors

i) Prevention

Prevention is the term used to describe how the care and support system actively
promotes the wellbeing and independence of people.

j) Personal Data

Any information relating to an identified or identifiable natural person.

k) PLWD

A person living with disability

l) Safeguarding

The responsibility that KCB Foundation has to make sure that staff, KCB Foundation Operations, and programmes do no harm to Vulnerable Persons. That is to ensure that they do not expose Vulnerable Persons to the risk of harm and abuse, and that any concerns the KCB Foundation has about Vulnerable Persons safety within the
communities in which they work, are investigated and resolved.

m) Safeguarding Cases

These are cases of harassment, intimidation, exploitation and any other form of abuse against the vulnerable groups of persons including children and youth

n) Safeguarding Officer

Safeguarding Officer refers to the individual within an organization responsible for handling safeguarding cases where allegations are made or concerns raised about a person.

o) Safe recruitment

A set of practices to ensure that KCB Foundation staff and volunteers are suitable to work with vulnerable persons.

p) Sensitive Personal Data

Data revealing the natural person’s race, health status, ethnic social origin, conscience, belief, genetic data, biometric data, property details, marital status, family details including names of the person’s children, parents, spouse or spouses, sex or the sexual orientation of the data subject.

q) Vulnerable persons

One who is unable to protect themselves against significant harm or exploitation.

r) Youth

Individuals – young women, young men, and young persons of other gender identities – aged 18 years to 35 years old.