APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA 177. Affirmative action programmes and policies consolidated through a National Affirmative Action Policy were adopted rectifying any disadvantage suffered by individuals or groups because of past discrimination. Affirmative action extends to women among other categories and under the Constitution entails such measures that are necessary to overcome or ameliorate inequities or the systemic denial or infringement of a right or fundamental freedom. 178. Women in the political and public arena: For women’s issues to be articulated and mainstreamed in public discourse, policymaking and resource allocation, the presence of women in public office is critical. However, women in Kenya continue to be underrepresented in elective and appointive offices. In 2009, female ministers were 16.7%, assistant ministers 11.5%, ambassadors 27.5%, permanent secretaries 15.9%, Provincial Commissioners 0%, Deputy Secretaries 26.4% and councillors 15.8%. Available data shows that the figures in appointive offices remain low at the higher levels of leadership as reflected in the table below. Table 1: Women representation in appointive public office at 2012 Positions Total Male Female Cabinet Secretaries 18 12 (67%) 6 (33%) County secretaries 46 40 (87%) 6 (13) Principal Secretary 26 19 (73%) 7 (27%) Chair- Independent Offices 2 1 (50%) 1 (50%) Chair- Constitutional Commissions 12 7 (58) 5 (42%) Heads of Parastatals 36 34 (94%) 2 (6%) Magistrates (Within Nairobi) 90 39 (43%) 51 (57%) Data source: NGEC database, 2013 179. In 2009 the judiciary was dominated by men: 90% of the 10 Court of Appeal judges were male; of the 16 High Court judges, women constituted only 25.0% and female public officers in the judiciary constituted 33.5%.12 The Task Force on Judicial Reforms set up in 2010 found too that women were grossly under-represented in the judiciary particularly at the level of the Court of Appeal and Khadi courts. 180. Despite the promise of affirmative action in elective positions, women are still underrepresented, particularly in the legislature. The adoption of affirmative action measures resulted in an increase of women legislators at the county assembly level but not at the national assembly level. The table below is instructive. Republic of Kenya ‘Ministry of Gender, Children and Social Development 2nd Bi-annual Report on 30% Affirmative action on employment and recruitment of women in the public service 12 | 107 |