One of the most frustrating aspects of implementing the Constitution was trying to meet the gender equity ideal. Nothing indicates the achievements of the women’s lobby more than the progressiveness of our Constitution on gender equity. I know for a fact that much of it had to do with the presence of two known gender activists Supreme Court Judge Njoki Ndung’u and Atsango Chesoni. Which affirms the position that advancing women’s interests requires competent and capable women in the place where decisions are made. But while the Constitution was visionary in ensuring a gender equal Kenya, steps taken thereafter have exhibited our instinctive suspicion of women empowerment.
The first act of the Kibaki government under the Constitution was to appoint a retinue of men in all senior positions that were due to be filled during the transitional period. Fortunately, the matter was stopped by the courts, leading to more gender inclusive appointments. In all subsequent appointments by PNU, the Grand Coalition and their Jubilee successor, what has been evidenced is a minimalist implementation of the gender principle. The Constitution had desired gender equality in appointments, only insisting that where equality could not be achieved, appointments of any of the genders would not cross the 2/3 ceiling. This has however been converted to the 1/3 principle, the assumption being that we are aiming for 1/3 appointments of women in the affected sectors.