Major milestones for women in fight to be heard

By NJOKI KARUOYA

KENYA: Oh, how far we have come. Today’s 21st century woman is unrecognisable from her early 20th century counterpart and, to some extent, a source of envy.

Back in that century, women’s rights were a constant source of debate. Men had a big problem relinquishing some of their privileges and dolling out a few to their women. If men had their way, the ideal woman would have continued to be seen (pretty) but not heard. While the man was in the living room, the woman would take her ‘rightful’ place in the kitchen, or backyard taking care of the children, and on the farm ensuring food productivity. When the man was in the office or Parliament, the woman was expected to take a subservient role and take the minutes and serve tea.

A lot of these roles still prevail in many homes and offices, but in general, women have a lot more say on the decisions impacting their lives. Today women can dream and set their goals towards fulfilling those dreams; they can choose the academic and vocational courses to pursue; can speak out when they are treated badly; and turn out in large numbers to vote and determine their leadership.

So what are some of the benefits that women enjoy today 50 years after independence?:

1.            Property Inheritance: At the beginning of the last century, women were generally not permitted by their fathers, brothers and husband’s family to inherit property. In some communities, even the thought of women purchasing property as individuals was discouraged. Hence, when a husband died, there really was a sincere expression of grief from the women and children, as their fate from that point on was solely determined by the deceased husband’s family. In truth, widow inheritance was introduced as a cultural practice to, among other needs like offering some level of protection to the widow and continuity of the deceased man’s lineage, to also keep the property within the paternal family. So a widow who refused to be inherited was chased from the homestead, together with her children. For those who agreed to be inherited, they were first expected to be sexually ‘cleansed’ by strangers. It is these injustices that caused women leaders and civil society organisations to lobby against widow inheritance and discrimination for women to inherit property. After years of intense campaigns, laws were made that allowed women to inherit property from their fathers and husbands. Courts have enforced these laws on numerous occasions and as a result, encouraged women to seek redress when faulted.

2.            Citizenship: This was one of the biggest gains that came with the new Constitution. Where once this was impossible, Kenyan women are now able to pass on citizenship to their children and foreign husbands. Further, women today also enjoy the privilege of dual citizenship.

3.            Equal Rights: While this right has not been fully exercised, the highest law of the land has enshrined equality such that it is observed both in the public (at the work place, social arenas, politics and governance, business, etc) and private spheres (at home, within marriages and families).

Lag behind

4.            Gender Parity: When former President Mwai Kibaki announced the enforcement of the 30 per cent gender parity in all public positions at all levels (from the bottom ranks to top management), it gave women the legal framework to contest any appointments and nominations made by any individual or organisation, including the private sector, that does not observe this rule. Consequently, a lot of women have found their way to the top to make-up for the previous excesses that only saw men climb the corporate and public service ladders.
The existence of the all-male clubs is also under threat. Women now play a critical part as role models encouraging other women, but especially girls, to aspire for high-ranking positions in governance and management. The increased space for gender parity has also given impetus to girls pursuing courses that were previously considered predominantly male, such as pilots, construction engineers, nuclear scientists, and so forth.

5.            Free Expression: The rule on gender parity has further given women a voice to freely express their grievances; and their voices are increasingly being heard, with relevant laws to protect their rights being formulated, lobbied and enforced. Such laws include the anti-FGM/C Act, the Sexual Offences Act, among others.

6.            Children upkeep and maintenance: There was a time when children, especially those born out of wedlock, were the sole responsibility of women. The argument then was that women should know their fertility cycles better in order to prevent pregnancies when engaging in ‘illegal’ (pre- and extra-marital) intimate relations. Today, after intense lobbying from women and children rights groups, the rights of children are protected by law, irrespective of the union through which they were born. Women who bear children with men unwilling to marry them can, therefore, go to court and seek maintenance for their children. With the establishment of the children’s court, children, too, can demand maintenance from their fathers.

7.            Politics and Governance: A woman joining politics in the 1960s was considered a rare soul. She became the focus of the entire country (and world) as she was the exception, not the rule. These women include Wangu wa Makeri, Mekatilili wa Menza, Phoebe Asiyo, Nyiva Mwendwa, Grace Ogot, Julia Ojiambo, Wambui Otieno, et al. Today it is common for women to express interest in participating in politics. However, their progression into this arena has not been significant. Granted, there have been prominent figures whose contribution to the general women political movement has been noteworthy, such as Martha Karua, Njoki Ndungu, Charity Ngilu, Wangari Maathai, Naomi Shaban, Amina Abdalla, Sophia Abdi, Christine Mango, Betty Tett and Tabitha Seii among many others; but in terms of numbers, women politicians continue to lag behind.

Affirmative Action

8.            Reproductive Health and Rights: Women today have a lot more say in determining their fertility (number of children to have). There has been increased access to contraception and continuous modification of women-specific methods (pills, female condoms, etc) to make them more user-friendly. Additionally, women have gained more negotiation power to determine when to engage in intimate relations, especially after childbirth; when to have children and how. Women, too, have the power to save their lives over that of their unborn babies should their lives be perceived to be in danger due to the pregnancy. Prior, men were considered the sole decision-makers in relation to women’s fertility.

9.            Free Primary Education: This initiative has enabled the numbers of girls attending school to increase exponentially. Consequently, more girls have, and continue to gain access to secondary and tertiary education, courtesy, too, to the enforced entry-mark Affirmative Action. With an increased population of educated women, the feminization of poverty, which explains the high proportion of women (and their families, especially the ones they head) living in poverty as compared to men, is drastically reduced as the educated women enjoy improved chances of securing good jobs and/or establishing thriving businesses.

10.          Women’s Fund: The establishment of this fund has opened up access to funds to many women, especially at grassroot level who have perennially shied away from formal banking institutions to seek loans due to the complicated procedures, to start small and medium-scale businesses that, ultimately, reduce the poverty levels within their homes.

11.          The Constitution of Kenya 2010: This was the biggest gain for women as it captured the rights of women, and enforced the protection of those rights.

LOSSES:

The gains enjoyed by women today have come with a cost.