THE NOT MORE THAN TWO THIRDS GENDER RULE IN THE KENYAN CONSTITUTION 2010 – REFLECTIONS BY WINFRED LICHUMA. THE IMMEDIATE PAST CHAIRPERSON ON NATIONAL GENDER & EQUALITY COMMISSION
his messaging is in support of the recent positive move by the Cabinet Secretary for Public Service Gender and Affirmative Action. Hon Aisha Jumwa Katana to gazette the Multi-Sectoral Working Group on the Realization of the not more than Two Third Gender Rule. (See notice No. 10848 of 15th August 2023 and 11090 of 3rd July 2023) This is a great move since the county has continued to operate in violation of the Constitution of Kenya 2010, for failure to meet the not more than two third gender rule.
Gender equality is the key to the economic, social and political development of Africa (the late Hon. Nelson Mandela)
As a country, Kenya has come a long way. Today more girls access quality education; more women have joined the labour force and also are accessing sexual and reproductive health services. The County Assemblies in Kenya have fulfilled the requirement of the not more than 2/3 gender rule, because of the legal framework in Article 177 of the Constitution. We need more women in the Parliament (National Assembly and Senate). To end gender discrimination against women, there is an urgent need for the country to provide a legal and policy framework that will enable women to be elected or appointed to Parliament. The gender quota cannot be met in Kenya in the National Assembly and Senate without a clear legal and policy framework. We are required to change societal unequal power relations between men and women.
The Constitution of Kenya provides for equality between men and women and promotes the rights and dignity of women and girls and calls for their full and equal participation in society. Let us respect the Constitution. The electoral system of Kenya – The first-past-the has shown that the voters will require more sensitization to elect more women into parliament and county assemblies. Voluntary party quotas are unlikely to guarantee not more than two-thirds of gender representation. The only guaranteed way to increase women in parliament numerically is to have special seats set aside for women through political party machinery. The aspiration is that over time women will no longer need affirmative action
Kenyan women and men can only contribute to the Vision 2030 development agenda if they are fully represented at all levels of decision-making. The future of our development agenda lies with the realization of the inclusion principle as envisaged in the Kenya Constitution 2010.
Political empowerment of women still persists as a challenge globally and Kenya is not an exception. Countries that have registered good progress have used the Gender Quotas to increase the number of women in Parliament. I call for support of affirmative action to increase the numerical number of women in the National Assembly and the Senate to at least 1/3 with the hope that it can go to 50:50 to meet the African Union requirement of Member States.
Kenya’s Democratic principles can only be measured by the increased voice of the special interest groups that include women, persons with disabilities, the youth, marginalized and minorities.
For a long time, women have been disempowered through continuous relegation to lower levels of participation and non-inclusion in key decision-making levels including Parliament. We must move them to high-level decision-making positions.
Kenya needs great leaders in key decision-making seats spread throughout all sectors of society and all divides. Women form 52% of the population of Kenya and are capable of being leaders. The inclusion principle in the constitution must be respected by including women, PWDs, Youth, minorities and marginalized in the leadership of the country.
Women’s empowerment is the cornerstone of prosperity that leads to equality.
Gender equality leads to better economic growth. To tackle society’s most pressing problems, we need to unleash the leadership of both women and men.
Organizations with more women leaders perform better. Parliament with more women enact more gender-sensitive legislation on key social issues for example health, education, child support and improved food security
Equality for women means progress for all. Women empowerment and equal participation in decision-making is a sure way of achieving the goals of equality, development and peace.
We must not stop until we cross the finish line and realize equality and inclusion since this is the back borne to realizing and enjoying other fundamental rights for eradicating poverty and achieving social and sustainable development.
Increased women’s participation in formal key-level decision-making brightens the development agenda by increasing economic growth and alleviating poverty.
‘Gender Quotas’ have predominantly been used as a mechanism to increase women’s political representation. Kenya is required to follow the good practices of other countries leading in the region like Rwanda, South Africa and Namibia, to mention but a few. These countries have made great strides in increasing women’s representation in parliament, by use of quotas. Kenya must join the race. There is value in increasing women’s representation in the Kenyan Parliament.
Women’s increased representation in key decision-making will result in improved conditions for women, children and other special interest groups like PWDs, the elderly, marginalized and minorities.
Increased women in political representation changed the face of politics. We need to change the societal attitudes towards women to move from formal equality to substantive equality which is the ultimate goal.
Gender equality and parity in political representation start with political parties affirming the benefits of the gender agenda. We need to hold political parties accountable.
We recognize the importance of the institution of Parliament. Women in Parliament are critical in addressing challenges of development such as poverty, Gender Based Violence, HIV and AIDS, teenage pregnancy, high rates of girl’s school dropout and unemployment.
Women’s issues are societal issues and should form a key agenda for discourse by Members of Parliament and all parliamentarians must pursue the gender agenda.
