Women’s Participation in Elections and Legislatures in Kenya under the 2010 Constitution
The chapter outlines the progress made with women’s representation in legislature since independence and then assesses the impact of the 2010 Constitution on this matter. Although Kenyan women had been active in the struggle for independence, there were no women in independent Kenya’s first parliament. By 1997 the total was nine (4.1 per cent of the total membership), five of whom were nominated by parties after the election. Women were again active in the agitation for a new Constitution, and in the official constitutional review bodies during 2000–2010. The Constitution finally adopted in 2010 includes various provisions designed to ensure that women are far more prominent in elected bodies, at national or devolved level, though none guarantees the constitutional principle of ‘no more than two-thirds of either gender’ at the national level. The chapter shows that at the county (devolved) level enough women must be selected from party lists, in proportion to the seats each party obtained, to top-up the total to one-third women. Special constituencies and a few list seats for women at the national level are a guarantee of only nearly 15 per cent women. The chapter reviews the reasons for women struggling to get nominated and elected, and traces the efforts, legislative and other, to achieve the constitutional percentage. It also analyses how the push for legislation to ensure the ‘no more than two-thirds’ of one gender at national level through quotas.