Women’s Participation in Constitution-Making Process in Kenya (S.3, Part 10)

Abstract

This 34minutes 18seconds–long video, was recorded in June 2017. She was born and raised in Marakwet where most girl children marry off early and drop out of school. After completing primary school, she was called to Alliance Girls but could not join due to a lack of school fees. However, with the support of a Local Councillor, she was able to join secondary school and she notes that the government is very critical in promoting the rights of girls and women. Mrs. Yano studied at the University of Nairobi and after graduating, she went to practice in Nyanza where she also joined FIDA Kenya as a probono lawyer. In 1998, MYWO sought her to offer legal services to them on women’s issues. This is what triggered her interest in women’s representation. In 1999, when there was a call for people to apply for the post of Constitutional Commissioners, she applied, with the support of MYWO, which was very untraditional for a woman to do so. She excelled in the interview and was selected to represent the Rift Valley. She faced a lot of resistance and she was told she cannot represent the Rift Valley. Men went to ask the President, “How can the Rift Valley be represented by a woman?” However, since she had passed the interview he could not intervene. When the Ufungamano Group joined, more women came in. The women from the Government Group and those from the Ufungamano joined together and worked in the interest of the Kenyan women. They went to the grassroots and collected public views. Given their experience with women they were able to document their views and later translate them into legal language. During the National Constitutional Conference at Bomas, the commissioners worked together with the women delegates and stood together for gender issues. These issues, including the two-thirds gender rule, are entrenched in the constitution. This has seen more women move into institutions of governance but she is concerned that their presence is not yet felt. For example, a Maasai man selling land will go to an advocate with a woman or one wife in a polygamous marriage, and they sign the consent forms without the consent of his wife or other wives. She also notes that women occupying positions created for women should also know why these seats were created and fight for the cause of women. She notes that there is a need for a strong women’s movement to conduct civic education so that women can know their rights. Yano notes though the constitution spells out the rights of women there should be a lot of civic education for them to understand how the political party manifestos will benefit them and their communities. They should be empowered economically and there is also a need to change oppressive cultural practices.