APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA 3.8 OBJECTIVE 6: PROMOTION AND PROTECTION OF THE RIGHTS OF WOMEN 3.8.1 Summary of the Country Self-Assessment 172. The 2006 CRR identified various government measures to empower women including establishing the Women Enterprise Development Fund, the President Gazette Notice directing that women constitute a minimum of 30% of all newly recruited public servants, enacting the Sexual Offences Act 2006, mainstreaming gender issues through a designated ministry of Gender, ring-fencing 5% of the Secondary School Bursary Fund for girls at the constituency level, and enhancing the enforcement of the Children’s Act, 2001 which abolished harmful traditional cultural practices that affect the girl child. 173. Progress made to empower women extended to for women through devolved funds such as CDF, the Constituency HIV/Aids Fund, the Constituency Bursary Fund and the Constituency Roads Fund. More gender responsive treaties have been made, however challenges are faced with discriminatory laws and practices that disenfranchise women. 174. The CSAR speaks of the strategies in place to address women’s civil and political rights. Political parties are required to observe gender parity and the state is enjoined to take legislative and other measures to ensure that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender including at county government level. Implementation of this rule faced challenges and the Supreme Court held that the rule would be progressively achieved by 2015. 175. Among the challenges highlighted in the CSAR is the continued male domination in the National Assembly that constrains the passing of gender-friendly legislation and policies. Lack of capacity and resources of institutions charged with implementation of gender equality to execute their mandates compound this. While progressive laws have been enacted around land rights, implementation is constrained by ignorance or cultural believes that challenge enjoyment of rights. The realization of the two-thirds gender rule is a challenge because of social discrimination of women; instances of appointment of men only in disregard of constitutional provision have continued in some departments. 3.8.2 Findings of the Review Mission 3.8.2.1 Progress made since 2006 176. Enabling frameworks: The Constitution of 2010 recognises and protects women’s civil and political rights and socio-economic rights on an equal basis with men. Women are entitled to own and inherit land, own matrimonial property and secure it during and at the dissolution of a marriage. Significantly, the role of culture in subjecting women to discriminatory practices and stereotypes is addressed in the Constitution. Under Article 2 (4), any law, including customary law that is inconsistent with the Constitution is void to the extent of the inconsistency, and any act or omission in contravention of the Constitution is invalid. | 106 |