Renewed Efforts to Implement Two-Thirds Gender Rule in Kenya

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Kakamega: the drive to achieve gender parity in employment and political representation has gained new momentum, with stakeholders expressing optimism about implementing the two-thirds gender principle outlined in the Kenyan Constitution. This push was evident during a public participation event organized by the multi-Sectoral Working Group (MSWG), tasked with effectuating Article 227 (8) of the Constitution.

According to Kenya News Agency, a member of the task force and the registrar of Political Parties, there is a plan to formulate a bill for Parliament mandating adherence to the quota rule for elective posts. Nderitu emphasized that the rule would ensure a 50-50 sharing basis for political seats, proposing that a male governor must have a female deputy as a running mate and vice versa.

Article 227 (8) of the Constitution stipulates that the State shall enact legislative and other measures to ensure that no more than two-thirds of members of electoral or appointive bodies are of the same gender. Nderitu highlighted the lack of compliance with this provision, 15 years post the promulgation of the Constitution, in Parliament and other institutions.

Ruth Makusu, another task force member, noted the current favorable conditions, with goodwill present in both the executive and legislative branches of the government, making it an opportune time for implementation. Data from Kakamega shows a clear lack of gender parity, with no female governors, senators, or MPs elected and only three out of 60 wards represented by female Members of the County Assembly (MCAs).

During the forum, representatives of People Living with Disabilities (PLWD) voiced their exclusion from political mainstreaming and decision-making. Susan Mutoka and Pauline Ayondi from the Kakamega Disability Forum stressed the need for opportunities, not sympathy, for PLWD.

Jael Omunami, a nominated member of the Kakamega County Assembly, suggested a rotational approach for those nominated to affirmative seats to allow others similar experiences. Additionally, participants called on the Independent Electoral and Boundaries Commission (IEBC) to enforce the two-thirds gender rule across all elective posts. Cultural barriers and lack of political goodwill were cited as major obstacles to the implementation of the one-third gender rule.

The push for gender parity gained national attention in 2020 when then-Chief Justice David Maraga advised the dissolution of Parliament for non-compliance with the quota rule. The task force member Sarah Mukoya mentioned their intention to compile and submit a report to the CS in charge of gender, Asha Jumwa, for cabinet approval and subsequent processing of a bill to Parliament.