APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA to loans; in 2004, women held only 1% of land titles and 5-6% jointly17. Even though the Constitution enjoins land use and management in a manner that promotes the elimination of gender discrimination in law, customs and practices related to land and property; women are still affected by patriarchal patterns of control and inheritance that favour men over women. 209. The Employment Law was amended with positive provisions that protect women’s rights in the formal employment sector. The Employment Act of 2007 provides for equal pay for work of equal value, and full pay on three months maternity leave. It outlaws sexual harassment, although requiring employers to take steps only if there are 20 employees dilutes the effect. Employers are not allowed to discriminate against or harass an employee or a potential employee on grounds of sex or pregnancy. 210. Women’s representation in wage employment in the public sector rose to 36.5% in 2014 from 29.5% in 2000, owing largely to the directive for all public institutions to enforce the thirty percent of women in employment. However the private sector tells a different story; only 15% women’s representation in wage employment was registered in manufacturing, building and construction, electricity and water sectors by 2013.18 3.8.2.5 Challenges 211. The basic challenges here relate to entrenched cultural practices and institutions, which generally reflect patriarchal influences, compounded by the marginalisation of women in the economic and social spheres of life, and institutionalized by public and private bureaucracies and the legal system. 3.8.3 Recommendations of the Panel 212. 17 18 The Panel makes the following recommendations: i) Expedite the operationalization of the two thirds gender principle through enactment of appropriate laws and regulations and the IEBC and Registrar of Political Parties should issue directives and guidelines to political parties on operationalization of the same and ensure accountability in this regard. (Attorney General, Parliament, IEBC, Registrar of Political Parties, Political Parties.) ii) The IEBC, Registrar of Political Parties and relevant constitutional and statutory commissions and political parties should work collectively to develop policies and strategies for increasing the participation of women and all other marginalised and vulnerable groups (IEBC, Registrar of Political Parties, NGEC, KEWOPA, Political Parties and statutory bodies) World Bank. 2004. “From Periphery to Center: A Strategic Country Gender Assessment.” Washington, DC. NGEC Annual Report 2013 | 115 |