Challenges to the Implementation of the Constitutional Provisions of the Two-thirds Gender Rule in the National Assembly of Kenya

Abstract

The study aimed at investigating challenges to implementing the Constitution of Kenya provision on two-thirds gender rule in the National Assembly. Specifically, the study examined the judiciary-related challenges, the parliamentary initiatives and challenges, and efforts by the women’s movement and groups towards ensuring the two-thirds gender rule is implemented in the National Assembly of Kenya. The study was guided by the Feminist Political Theory, and the Critical Mass Theory in the analysis of the findings. The study was carried out through a desk review and content analysis to provide descriptive analytical information about the subject of the study. A checklist was developed as a tool to guide the review and analysis of the documentation on the implementation of the gender rule. This study contributes to the general knowledge and understanding of the implementation of two third gender rule in Kenya. It verified that the 2010 Constitution of Kenya clearly outlined the provisions on the two-third gender rule. It established that parliament and judiciary have demonstrated reluctancy and lack of good will to ensure the gender rule is implemented. Efforts by the women’s movement and groups to have the two-thirds gender rule implemented have not yielded fruits. The patriarchal nature of Parliament and the judiciary has played a key role in trivializing the realization of the gender rule and legitimizing this failure. The study recommends further research on electoral laws as a means of ensuring that women are purposely included in political leadership right from the point of party nominations. It also recommends further study to analyze and provide a roadmap for the realization of the 2/3rd gender rule, whether progressive or immediate. Further research should be carried out to analyze the extent to which the government of Kenya has adhered to the New Constitution, and how this should inform formulation of policies to improve the involvement of women in politics. Research should be carried out to establish mechanisms of building effective collaborations between the legislature and the judiciary, facilitating better coordinated mechanisms for interpretation and implementation of the law.