What stands in way of realising two-thirds gender requirement

Public Service, Gender and Affirmative Action Cabinet Secretary Aisha Jumwa during the launch of the two-third gender principle, on June 16, 2023, at Villa Rosa Kempinski in Nairobi. [Edward Kiplimo, Standard]

While celebrating 13 years since the promulgation of Kenya's 2010 Constitution, Katiba Institute highlighted several achievements, some of which demonstrated a greater involvement of women in politics and decision-making. From no women governors in 2013 to seven in 2022, Kenya has undeniably witnessed gradual increase in election of female candidates in other political positions, including eight deputy governors, three senators, 115 MCAs and 29 MPs.

In her article 'Feminist Manifesto', Linda Edmondson argued that democracy is no democracy when half of the population is not fully represented. Similarly, it is an affront to inclusivity and representation when the country's leadership and policymaking structures blatantly abuse Article 27 (8) of the Constitution, which provides that "... the State shall take ... measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender." With such an elaborate provision, there grows the urgency to understand actual bottlenecks that hinder realisation of this significant gender threshold and whether viable remedies exist.