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Issue Number 20 • August 2011
Issue Number 20 • August 2011
EDITORIAL Women are critical to the realisation of food security
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enyans have all the reasons to be angry today in solidarity with their hungry brothers and sisters in the country who feel helpless, discriminated against and hopeless. To them every new day is a nightmare. The miserable faces of the estimated 4 million Kenyans, mostly women and children, in arid and semi arid parts of the country have been staring at death in the eye year-in-year out for decades wondering whether they were born of a lesser God. On the other hand, the authorities have been giving such victims hope by publicizing the latest Cabinet papers and policy statements in addition to research findings by experts in and out of Government on how to address the perennial famine and drought situations in many parts of the country. Politicians on their part have always used the plight of the hopeless famine victims to get political mileage for their selfish ends. But the ordinary Kenyans have always been around to be “their brother and sisters’ keeper whenever they are called upon to sacrifice a meal or two to support worthy charity causes like the current Kenya for Kenyans, led by the leading blue chip companies in the country. A typical sight in the villages of a homestead with several grass thatched granaries, for storing cereals, is a thing of the past these days. Instead, most farmers dispose of their crops soon after harvesting it leaving themselves vulnerable to the market and the weather patterns. The genesis of the problem goes back to the discriminatory agricultural and land policies and laws inherited from the colonial authorities and promoted by the subsequent Government that favoured men at the expense of women. It was the order of the day in the past for women to plough, plant and harvest crops on their family land, but not be allowed to inherit any portion of it. Women also had no control of how the land would be used and in cash crop zones for tea, coffee and sugarcane, were even barred from collecting dues from the cash crop which their sweat produced! But that is now relegated to the dustbin of history, thanks to the new Constitution that will be one year old in late August. If implemented to the letter, women will not only benefit from having a Constitutional right to inherit land like their brothers have been used to, but they will also have more rights to control and manage its use. Indeed, land issue in Kenya is a very emotive and sensitive topic and has become a national past time and culture, with most Kenyans craving to own a piece of land in the country as a sign of success. Under Chapter Five, the new Constitution states explicitly that: “land in Kenya shall be held, used and managed in a manner that is equitable, productive and sustainable, and in accordance with the following principles – equitable access to land; security of land rights; sustainable and productive management of land Continued on page 2
Why it is time for Kenya to have a woman AG
Judges being sworn in after promulgation of the new Constitution. Inset: Attorney General prepares to have President Kibaki put a seal on the new laws. With the new Constitution, Wako will leave this position and a new AG will be appointed. Women are calling for one of their own to be appointed. This could be from female judges like the ones below who were even interviewed for the position of Chief Justice and Deputy Chief Justice. Pictures: Kenyan Woman Correspondent. …By Duncan Mboyah and Jane Godia
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s Attorney General (AG) Amos Wako prepares to leave office, women are keenly following reforms within the Judiciary. After the appointment of Dr Willy Mutunga, Nancy Baraza and Keriako Tobiko as Chief Justice, Deputy Chief Justice and Director of Public Prosecutor respectively, all eyes are now turned to the Attorney General position. Amos Wako has been at the helm of this position for 30 years and after three decades in the helm, and with the new Constitution calling for not more than two-thirds majority of the same gender in positions, women are of the view that it is now important that one of them heads the State Law Office.
Qualified The new Attorney General must be appointed by end of August and women must come out in large numbers to apply for the post to take their chances higher. According to Grace Maingi, Executive Director Federation of Women Lawyers (FIDA) there are a number of women who are qualified to take up the post of the Attorney General. “Several qualified women are working within the State Law Office and in private practice,” she says. Maingi notes that given the rate at which women are today applying for jobs as witnessed in the previous past, it is worth noting that women are not shying away from these positions.
Justice Hannah Okwengu FIDA and other like minded organisations are out to ensure that Kenya has its first woman Attorney General. Even as women demand that affirmative action as entrenched in the Constitution be ratified, there are those who believe that merit must be granted its rightful place. According to a Kisumu lawyer Janet Mangera, the position of Attorney General should go to a woman based on qualification and merit. She observes: “Most qualified women have in the past been relegated despite being qualified for high profile state jobs.” She also reiterated that affirmative action must be enacted to the letter and spirit of the new law. Mangera’s sentiments are echoed by Susan Owino, a representative of
Justice Kaplana Rawal
Justice Martha Koome
the Migori County Women’s Caucus. According to Owino, women will “not be going to ride on men’s back but must get the job on merit”. “Kenya needs a change by having a woman Attorney General now rather than later to help hasten the new constitutional dispensation,” says Owino.
women meet challenges towards constitutionalising of the new law. In January the High Court blocked President Kibaki’s nominations of judicial appointees to the post of Chief Justice, Attorney General, Director of Public Prosecutions and Comptroller of Budget. Through a suit filed by women’s organisations that included FIDA, Centre for Rights Awareness and Education (CREAW) among others, the High Court through Justice Daniel Musinga ruled that the President had breached the Constitution by failing to include gender equality in his nominations. The High Court order saw the positions later advertised and a good number of women were among those who applied and were shortlisted. There were two women shortlisted to the
Post However, she told women to take advantage of the new law and seek positions by applying for advertised jobs. “We can only secure the AG’s post and several others if we become more aggressive in taking up offices that have been created for us under the Constitution which demands a one-third gender balance,” Owino explains. The war to gender equality in public offices is far from over as
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