APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA
in the public and private sphere, weak enforcement of laws and policies and attitudes
and biases among men and women that reinforce acceptance and prevalence of violence
against women and girls. While there are emerging areas of progress, it should be expected
that since gender inequality hinges on decades of systemic and structural issues, change
will occur but with sustained efforts over time.
2.62
There is evidence that more public service and justice institutions are embracing institutional
reforms that create gender responsive environments. The justice law and order institutions
are working within the framework of the new laws to address structural and attitudinal
barriers to justice. The focus on victim justice models bodes well for vulnerable women
and girls who seek justice from an empowered position. Capacitating these institutions
with human, financial and technological resources to function optimally at the national and
county level is critical.
2.63
Affirmative action measures have been undertaken in the area of education, health, and
entrepreneurship. There have been gains numerically in women’s participation in these
sectors and there is hope that good practices will be replicated and upscaled. However, in
the political arena, the participation and representation of women has continued to evidence
setbacks particularly at the national level. To date, despite Constitutional guarantees for
affirmative action from 2010, women’s representation in Parliament as a gender is below
the constitutional minimum requirement of a third.
2.64
The low presence of women in politics has generated a common rhetoric that women
are their worst enemies. This is widely subscribed to without due regard to the structural
barriers that inhibit women’s participation at this level. Part of the problem seems to lie
more in the socialization of society whereby both genders view men as natural leaders
rather than women. Additionally, in some regions there is so much hostility overall that
women who compete with men for political office face physical danger and stigmatisation.
The use of money and patronage networks to influence choice in politicians and voters has
predisposed those with monetary clout to have an advantage, which inturns affects women
negatively.
2.65
The Review Mission sensed genuine desire among key respondents, to comply with the
constitutional provision popularly referred to as ‘the two-thirds gender rule’. Interms of
how to practically deal with the matter has been the more challenging part. To Kenya’s
credit, compliance with the constitutional provision was achieved at the lowest level of
representation – the Ward Representatives (MCAs) through the nomination of an extra 700
women as MCAs.
2.66
There is need for reforms at the party level to adopt gender inclusive and empowerment
practices. Some parties are embarking on identifying, recruiting and training women of from
the grassroots to vie for positions in future elections. Other positive practices by parties
have been to utilise women leaders to encourage, inspire and mentor experienced women.
The urgent compliance with the two-thirds gender rule by legislative and other measures
will be critical for the 2017 elections to be deemed legitimate, credible and constitutionally
compliant.
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