Gender Equality in Kenya: A Journey Towards Constitutional Inclusion

 By Kelvine Malick

In a historic discourse surrounding Kenya's constitutional development, prominent political figures reflected on the long and arduous journey towards achieving gender equality in governance. The narrative,led by Martha Karua, rooted in the struggle for reforms that began in the late 1990s, underscores the persistent effort to incorporate gender representation into the nation’s political framework.

In 1997, a pivotal year in Kenyan politics, a coalition was formed under the banner of the Civil Society Consortium for Constitutional Reforms (C4C). The time was marked by a powerful call for electoral reforms, yet the promise of ‘no reforms, no elections’ faced stiff resistance. Members of Parliament, alongside civil society leaders, rallied to spearhead change. Among them was Mwai Kibaki, who, along with other key political figures including Raila Odinga, engaged in debates over the future of Kenya's governance.

A faction of lawmakers, recognizing the need to hold Parliament accountable, established the Inter-Partes Parliamentary Caucus (IPPC) to advocate for constitutional review and the significance of women’s representation. The efforts culminated in the draft of the 1998 Kenya Review Act, which aimed to facilitate the constitutional review process. Acknowledging the pivotal role of women, a committee was formed, and though there were only five women among fifteen members—the representation was minimal but historic—this initiative marked the beginning of formal recognition of gender quotas in constitutional matters.

Fast forward to the adoption of the 2010 Constitution, which included Article 27, stipulating that no gender should exceed two-thirds in appointments and elections within public bodies. However, despite this progressive legal framework, concerns linger regarding its effective implementation. Political observers warn that without appropriate adherence to the two-thirds gender rule, women may continue to be marginalized in political representation.

"The Independent Electoral and Boundaries Commission (IEBC) has a vital role to play in ensuring that political party lists adhere to this constitutional mandate," remarked Hon. Martha Karua. "If applied correctly, the law could significantly balance gender representation in the National Assembly."She added

Yet, disparities remain. Political dynamics often lead parties to nominate men over women in ‘winnable’ constituencies, perpetuating a cycle where political influence overshadows equitable representation. "Women are often pushed to contest in areas where they have little chance of winning, while male candidates are given access to strategic, high-stakes positions," said Hon. Martha Karua who is also an advocate.

With calls for stricter enforcement of the two-thirds gender rule growing louder, there is hope for a future that recognizes and rectifies gender imbalances. Advocates are urging political parties to not only comply with legal standards but to embrace the spirit of gender equality as a pathway to a more inclusive governance structure.

As Kenya approaches the next electoral cycle, the dialogue surrounding gender representation in politics remains as crucial as ever. The foundation laid in 2010 must not only be acknowledged, but actualized through intentional measures that encourage women's participation at all levels of government.

"This is not just about counting numbers," emphasized a member of the drafting committee. "It's about recognizing that the journey towards true equality requires commitment and action to ensure women are not just participants but leading figures in shaping the future of Kenya."

The constitutional journey towards gender equality in Kenya is far from complete, but the momentum built over decades of advocacy lays the groundwork for a more balanced and representative political stage.