AMWIK: Why two-thirds gender rule still elusive in Kenya

Fifteen years after the promulgation of the Constitution of Kenya 2010, the implementation of the two-thirds gender rule has remained elusive.

Experts have pointed to a combination of legal, political, economic and sociocultural barriers that continue to hinder women’s political representation.

The constitutional provision requires that no more than two-thirds of members in elective or appointive bodies should be of the same gender.

However, despite the progressive framework introduced by the Constitution, women still occupy only about 23.9 per cent of parliamentary seats, far below the threshold required by law.

A new evaluation by the Association of Media Women in Kenya paints a grim picture of the country’s progress in meeting the constitutional requirement.

The study examined trends, challenges and enablers of women’s political participation over the last 15 years through analysis of policies, legal frameworks, media monitoring reports and data from key institutions including the Independent Electoral and Boundaries Commission, Parliament and the Office of the Registrar of Political Parties.

According to the report, one of the biggest setbacks has been Parliament’s failure to pass legislation operationalising the two-thirds gender rule.

At least five attempts to enact laws meant to enforce the rule have collapsed in Parliament, largely due to political resistance and competing interests.

“Non-compliance by Parliament in implementing the two-thirds gender rule through legislation remains a key legal setback,” the report states.

The study notes that political self-interest among legislators has played a significant role in blocking the passage of the required laws.

Some proposals were perceived to threaten the political class by altering electoral structures or reducing existing seats.

For instance, a legislative proposal by former MP Joe Mutambu that sought to reduce the number of electoral units, including constituencies and counties, sparked controversy.

Women’s rights organisations interpreted the proposal as an attempt to roll back gains made under the Constitution, particularly the creation of the 47 county women representative positions.

Beyond legal obstacles, the report highlights Kenya’s deeply patriarchal political culture as a major barrier to women seeking elective office.

The country’s political environment remains largely male-dominated, with men controlling key economic resources and shaping political narratives.

“Kenyan politics is premised on a deeply patriarchal system where men exert considerable influence on economic activities and social narratives including political conversations and leadership,” the report states

These dynamics have often exposed women candidates to intimidation, harassment and gender-based violence, both offline and online.

The report notes that with increased use of digital platforms in political campaigns, women politicians are increasingly facing online abuse and harassment.

Women legislators and female parliamentary staff, the study says, are often reluctant to report harassment for fear of stigma or accusations that they provoked the attacks.

Political parties have also been criticised for failing to adequately support women candidates. Since most parties are controlled by male political elites, their internal structures tend to disadvantage women during nominations and campaigns.

Research cited in the study shows that women aspirants are frequently encouraged to contest only for the county woman representative position rather than other powerful seats such as governor, senator or member of the national assembly.

“During party negotiations, women have often been steered toward the County Woman Representative seat rather than encouraged to contest other elective positions,” the report notes.

The report also highlights chaotic party nominations and lack of institutional support for women candidates as key obstacles.

In some cases, strong women candidates have reportedly been persuaded to step down in favour of male contenders with promises of post-election nominations, pledges that are not always honoured.

High campaign costs have further compounded the problem. Kenya’s elections are widely considered among the most expensive in the world, with candidates often required to spend millions of shillings to run competitive campaigns.

“A presidential and governorship candidate needs billions of Kenya shillings to competitively campaign. Members of the National Assembly, senatorial positions and even membership to county assemblies cost tens of millions to campaign,” the report states.

These costs include hefty nomination fees imposed by political parties, which the report says have effectively locked out many women and young aspirants from the political arena.

Cultural norms and social attitudes also continue to influence voting patterns. In several counties, voters have consistently failed to elect women to positions beyond the constitutionally created woman representative seats.

According to the study, counties such as Garissa, Mandera, Marsabit, Samburu, Kajiado and Nyamira did not elect a single woman to positions such as governor, senator, deputy governor, member of the national assembly or member of the county assembly, apart from the women representative slot.

This trend persists despite women forming more than half of the registered voters in some of these counties.