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Issue Number 33 • December 2012
Issue Number 33 • December 2012
Shattered dreams Rule by Supreme Court crushes the five year decade trek to gender equality
EDITORIAL
Court ruling aside, the struggle must continue for women
E
nough has now been said about the controversial affirmative action clause in the Constitution and the two third gender rule which the Supreme Court has ruled on to the chagrin of women leaders and aspirants. The latter have no option now as time is not on their side to try other options of circumventing the ruling as the clock ticks closer to the 2013 General Elections. Aspirants should not give up, but instead they should fight on by turning the challenge into an opportunity for lobbying aggressively ensure that as many of them and their supporters register and to vote for one of their own to clinch most of the six elective posts. It is only by taking a proactive approach will the women’s dreams of gender parity be realised.
Strategy
The odds have always been against women and time has come for them to stop looking back and digging deeper but instead change strategy. One of the strategies is for women to avoid going for the so-called easy option seat, county women’s representatives. Already there are women who have indicated interest for the so called tough seats. Nairobi’s Bishop Margaret Wanjiru and Uasin Gishu County’s Prof Margaret Kamar and Vesca Kangogo are already on the campaign trail for the Governor’s seat. This they are doing by merit and not through patronage, ethnicity or being a wives, daughters or friends to some important man. Others who have thrown their hats in the ring so far and have to be commended include Kasarani MP Elizabeth Ongoro, who is eying the Nairobi County senator’s position; Joyce Njoki who is eying the Mukuruwe-in in parliamentary seat in Nyeri County. Culture, violence, fear factor and male chauvinism have been the biggest stumbling block to women’s absence in elective leadership positions since Kenya attained independence 49 years ago. That past must remain in the dustbin of history as Kenyans cast their votes and prepare to celebrate its Jubilee in a year’s time.
…By Rosemary Okello
T
he day when the Supreme Court of Kenya made a ruling on the two-third gender requirement for elective positions in both the National Assembly and the Senate will forever remain etched in the minds of Kenyan women for many years to come. Even though there were telltale signs that the ruling could go either way, what the women did not anticipate was that the Supreme Court would change the constitutional provision which requires that not more two-thirds of either gender should occupy any elective or normative position as anchored in Article 81(b).
Achievers
Verdict
The Supreme Court gave their verdict on the advisory opinion sought by Attorney General Prof Githu Muigai. Their ruling on the progressive realisation of the twothird gender came as a great shock to women and was seen as a ploy to lock women out come 2013 General Election. However, Chief Justice Dr Willy Mutunga dissented to their view. The majority decision by the Supreme Court justified their decision
Supreme Court Judges led by Chief Justice Dr Willy Mutunga (centre) delivered the ruling on gender parity. Four of the judges refused to allow affirmative action take effect with the forthcoming General Election. Below: Members of the public who included supporters of gender equality and women’s leadership follow the proceedings at the Supreme Court which ruled against the two-third principle. Picture: Kenyan Woman Correspondent.
by saying that Article 81(b) of the Constitution standing as the general principle cannot replace the specific provisions of Articles 97 and 98, not having ripened into specific enforceable as far as the composition
of the National Assembly and Senate are concerned and therefore it cannot be enforced immediately. There is no doubt that women have been looking for the Government’s intervention in the area of
representation and participation of women in key decision-making. When the Constitution was promulgated in August 2010, majority of women noted that finally Kenya Continued on page 5
Tough women who have braved the lopsided political playing field must be recognised and hailed for setting pace and showing that, “yote yawezekana (all is possible) when women are united, committed and focused. The list of pioneers and luminaries includes Grace Onyango, Phoebe Asiyo, Chelugat Mutai, Dr Julia Ojiambo, Betty Tett, Tabitha Sei, Nyiva Mwendwa, Charity Ngilu, Prof Margaret Kamar, Mwarere wa Mwachai, Agnes Ndetei and Dr Sally Kosgei among many others. Indeed, it is now time for women and the women’s movement to plot and ensure that they flood the political arena with one of their own so that they can attain the two third rule by universal suffrage rather than through the constitutional means. It must not be forgotten that women fought hard for the women’s gains in the Constitution. The present outrage is understandable, but it would be best translated into positive energy to woo men and women to register as voters as well as vote in women candidates.