APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA 188. The Registrar of Political Parties and the Independent Electoral and Boundaries Commission (IEBC) did not hold political parties accountable for non-compliance with the two-thirds gender principle. The National Gender and Equality commission (NGEG) filed a case against the IEBC in 2013 to temporarily restrain the IEBC from proceeding to allocate special seats to political parties on the basis of submitted lists, contending a breach in adhering to the principles of article 90 of the Constitution. The Court faulted IEBC for failing to meet its obligation to conduct and supervise the conduct of the election for special seats under Article 90 by failing to publicize the party lists submitted to it under regulation 54 the Election (General) Regulations, 2012. The Court further found that the IEBC also failed to issue sufficient guidelines that consistent with its obligation to observe, respect, protect, promote and fulfil the rights of persons identified as vulnerable and marginalised to participate in the political process. The court consequently directed the IEBC, constitutional and statutory commissions and political parties to develop policies and measures to increase the participation of women, youth, persons with disabilities, marginalised groups and other vulnerable persons to effectively participate in political processes. 189. Using political Platforms to promote gender agendas: Evidence abounds to show that female representatives in Parliament are advancing a gender empowerment agenda. The Kenya Women’s Parliamentarian Association (KEWPA) consisting of women from across political parties contributed to the discourse around to gender equality and affirmative action during the last Constitution making process. Working with stakeholders and civil society partners, KEWOPA has significantly contributed to gender responsive laws in some instances despite having minority numbers. Laws such as the Sexual Offences Act of 2006, the Marriage Act 2014, the Matrimonial Property Act of 2013 and the Protection Against Domestic Violence Act as well as the 2011 Prohibition of Female Genital Mutilation Act are examples of KEWOPAs lobbying work. KEWOPA has lobbied for gender inclusive practices in the house such as women starting to chair parliamentary committees as well as the establishment of the Equal Opportunities Committee of Parliament. The funding of sanitary towels by government for school-going girls also owes a lot to the intense lobbying by female parliamentarians. 3.8.2.2 Addressing violence against women and girls 190. The high prevalence of sexual and gender based violence against women and girls presents serious challenges for women’s rights and gender equality in Kenya. Even though government has undertaken comprehensive legal reforms and is adopting multistakeholder frameworks of engagement to tackle the situation, systemic negative cultural practices that promote gender stereotypes continues to feed violence against women and girls. 191. Violence against women and girls violence continues to be rampart. The Kenya Demographic and Health Survey (KDHS) 2014 both revealed that 45% women experienced physical violence since age 15, and 20 within the 12 months prior to the survey. Given that the KDHS 2008-9 data showed that 39% of the women had experienced violence since they were 15, this is indicative of either a rise in gender based violence or a rise in reporting of gender based violence. KDHS 2014 shows that 39% of ever-married women had experienced | 110 |