IT I O N Status of Women

Status of Women Issue Number 37 • June 2013 1

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Issue Number 37 • June 2013

Two steps forward,

one backward
Unclear laws a barrier to women's
political leadership
…By Joyce Chimbi

I
t all started with political party nominations when male dominated
political parties made a farce of the expanded political space.
The battle for party nomination tickets floored scores of strong
and capable women as male dominated party politics took centre
stage.
Unlike before where only three seats were contested for Senate, Gov-
ernor and Women Representative seats.
As it has been in the successive post-colonial General Elections,
this year’s polls were not any different with regards to representation of
women in elective positions. Women’s performance in elective politics
has continued to take a nose-dive despite the new Constitution of
Kenya 2010 having progressive provisions of women’s representation.

Continues on page 5
2 Issue Number 37 • June 2013 Status of Women

Government cannot afford to kill the Ministry of Gender

…By Jane Godia empowerment; promotes interven- Lest we forget there are many cil (ECOSOC). It is the principal jing Conference which both set bench

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tions for the reduction of sexual and issues within which this Ministry global policy-making body dedicated marks on addressing gender equality.
he women of Kenya are a gender based violence; and promotes rotates around that we cannot afford exclusively to gender equality and It is also only two years to the
worried lot. Being a unique the generation of sex desegregated to do without it. For one, Kenya is a advancement of women. Every year, end of the Millennium Development
and special constituency, data. host to the African Women’s Decade representatives of Member States Goals that were set out in 2000 among
women have special issues Within the new political dispen- Secretariat that was launched in gather at United Nations Head- which was Goal number three which
that can only be addressed if they are sation, this ministry is nowhere to be October 2010 and will run until quarters in New York to evaluate targets to promote gender equality and
categorized and handled as women seen. It has been killed and the women 2020. It was a privilege for Nairobi, progress on gender equality, identify women’s empowerment?
issues. are now motherless. They are being and the Ministry of Gender for that challenges, set global standards and Although the Jubilee Government
It is for this reason that women told, according to a speech delivered matter, to be given the priority to be formulate concrete policies to pro- argues that gender will be main-
fought tooth and nail from the 1980s by Senator Kipchumba Murkomen the first to host the secretariat. The mote gender equality and women's streamed in all ministries, who will be
to the late 1990s to ensure that a on behalf of Deputy President Wil- African Women’s Decade is a ten year empowerment worldwide. Who will the watchdog for the women? The argu-
Ministry for Gender was established. liam Ruto that gender matters will be campaign that seeks to attain gender represent Kenya, a member of the ment that the National Equality and
The Ministry of Gender, Children’s mainstreamed within all ministries. equality, women’s advancement United Nations here? Gender Commission is already there
Affairs and Social Development has This was said during a conference held and the respect of women’s rights in does not hold any water. Don’t we have
come a long way. It started as a De- under the Mwamko Mpya Uongozi Africa. Is it now going to be relocated Convention the Commission for Higher Education
partment of Women’s Affairs within Bora initiative in Nairobi that sought to another country? What will happen when Kenya and a Ministry for Education? Don’t we
the Ministry of Culture. Later, the to advance women’s rights agenda and What will happen to Kenya, goes to report to the Committee have the Kenya Law Review Commis-
department was elevated and merged bridge the gender equality gaps. a member of the Commonwealth, on the Elimination of All form of sion and a Ministry for Constitutional
with two others to make the Ministry when the Secretariat hosts the trien- Discrimination against Women Affairs?
of Gender, Sports, Culture and Youth Communique nial conference for Ministers of Gen- (CEDAW)? The CEDAW watches Why is it that it is only the Gender
Affairs. The name itself is a mouthful In a communique to President der (women’s affairs)? The Women’s over the progress for women made Ministry that is being killed? By killing
and even if there was budgetary al- Uhuru Kenyatta and his deputy, Affairs Ministers meetings have been in those countries that are the State the Ministry of Gender, we are kill-
location here, the gender arm suffered delegates who also included women held since 1985 and have provided parties to the 1979 Convention on ing the African dream as well as the
by getting the least. This would later senators, MPs and Women County strategic opportunities for ministers, the Elimination of All Forms of women’s dreams and aspirations. We
change to become the Ministry of representatives, said they want senior officials, civil society organisa- Discrimination against Women, are dismantling a foundation that took
Gender, Children’s Affairs and Social nothing short of a Ministry with a tions, and partner agencies to discuss and Kenya is one of them. A country years of hard work to build.
Development. Cabinet portfolio that will oversee the critical issues in advancing women’s becomes a State party by ratifying Like one participant at the confer-
Largely labelled as the ’ministry functions of three key departments: empowerment and gender equality. or acceding to the Convention and ence said, “killing the ministry and
ya wanawake’, it already has too much Department of Women’s Affairs; De- They contribute to Commonwealth thereby accepting a legal obligation saying gender issues will be main-
going on within its composition. The partment of Youth Affairs: Depart- and global agenda-setting processes. to counteract discrimination against streamed everywhere, is like the case
ministry has a huge mandate to gen- ment of Persons With Disabilities and Will Kenya miss out on the meeting women. The Committee monitors the of the orphaned child who is left with
der, children and social development. Vulnerable Groups. because it has no cabinet docket on implementation of national measures everybody and nobody takes respon-
The ministry promotes gender main- Arguments were put forth as to this? to fulfil this obligation. Who will sibility”.
streaming in national development why it is important for the Jubilee What will happen to Kenya dur- represent Kenya here? Will this be left The President should rethink the
processes and engender the national Government to ensure that there is a ing the United Nations Commission to the civil society? case of women and set up a ministry as
budget; coordinates the develop- ministry for Gender. The Constitu- on the Status of Women? The Com- It is only two years before the world per his government’s commitment to
ment, reviews and implements gender tion has imposed a limit of 22 minis- mission on the Status of Women is a joins together again to celebrate 30 women’s agenda. If it must be within
responsive policies and programmes; tries. Already 18 have been defined. functional commission of the United years after the United Nations’ Nairobi his office then it must have a cabinet
promotes women’s right and economic This should be 19th ministry. Nations Economic and Social Coun- Conference and 20 years after the Bei- portfolio in charge of Women Affairs.

Cost of filing petitions denies poll losers access to justice

…By Mercy Mumo many. This is partly the reason why supported financially. In partner-

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many women withdrew from their ship with the Centre for Multi-Party
he number of women in the bid to file petitions. Democracy (CMD), CREAW secured
last parliament was more The Act stipulates that security lawyers for the women on pro-bono
than what is in the current for costs which are payable by the basis.
eleventh parliament. After petitioner should be done in not “Out of the 37 women who were
the March polls, it was anticipated more than 10 days after the presen- challenging the election outcome, only
that there would be more women but tation of a petition. Section 78 (3) 11 have gone through. We hope that
due to a number of factors that range of the same act goes on to explain justice will be served in their favour
from malpractices and harsh political that where a petitioner does not as they have fought hard for this,” she
environment, the two-thirds thresh- deposit security as required as notes.
old was not met, this despite the huge stipulated in this section, or if Wangechi says that justice should
number of women seeking elective an objection is allowed and not be free and fair to all. It should be able
position. removed, no further proceedings to penetrate down to the lowest levels.
However, all is not lost as many shall be heard on the petition. In Campaigns cost money irrespec-
women who think they were robbed of addition, the respondent may apply tive of the type. Political campaigns
their victory at the ballot have decided to the election court for an order for most women are a nightmare due
to go to court. However, it is not going to dismiss the petition and for the to the costs involved. Most women
to be easy as many have since given payment of the respondent’s costs. during campaigns spend beyond their
up hope. “After coming from such an means and end up borrowing. Political
If the presidential petition was expensive campaign period, major- parties did not sponsor them during
anything to go by, then justice may ity of the women did not have any the campaigns.
just be as elusive for the women who money left to seek legal redress,” “When you place a price tag
filed for an election petition. The costs notes Wangechi. on justice, it means that majority
involved in the quest for justice have In order to present a strong is locked out and only the few with
made some of them withdraw from case, you need experienced lawyers resources are able to press on. This is
seeking justice. who have handled such cases before denial of justice to anyone with a valid
and their legal fee is also not a walk argument,” says Wangechi.
Price in the park. Most of the election petition cases
As at April 15, 2013, the number “Lawyers will equally be asking are seeking to challenge the malprac-
of election petitions on all the elective for their fee which in most cases tices in the entire process, cancellation
posts countrywide was 186. Around is high. Inclusive of the deposit, of some results, scrutiny and vote
the same time, the Judiciary Working the charges can go up to a million recounts, spoilt and rejected votes,
Committee indicated that 70 petitions shillings.” declare fresh elections, costs incurred
Rozzah Buyu and Olago Aluoch leave court after hearing of a petition case
were challenging elections in parlia- and the Independent Electoral and
that Buyu has filed against Aluoch’s election as member of Parliament for Justice
mentary posts, 67 county assembly, 23 Boundaries Commission (IEBC) as
Kisumu Town West. The cost of filing for a petition in the post-election has
governor, 12 senate and nine for the Initially, the Centre for a body.
denied many women an opportunity to justice.
women representative seat. Education Rights and Aware- The constitution requires that the
Picture: Kenyan Woman Correspondent
Under Section(78, 2) (a-c) of the ness (CREAW) worked with 37 cases should be heard and determined
Elections Act 2011, a person who women who had filed for the peti- within six months of filing.
presents a petition to challenge an member of Parliament or governor Education Rights and Awareness tion. Six of the women included “The court has pledged to adhere
election shall deposit KSh1 million in and KSh100,000 against a member of (CREAW) Executive Director Wange- Jacinta Mwatela, Naomi Cidi, Mary to the stipulated period for ruling.
the case of a petition against a presi- the county assembly. chi Wachira, the security costs are Mwangi, Roza Buyu, Sophia Abdi Let’s hope that justice will be served,”
dential candidate, KSh500,000 for a According to the Centre for exorbitant and beyond the reach of and Waithera Chege requested to be avers Wangechi.
 Status of Women Issue Number 37 • June 2013 3

Violence against
women to blame for
dismal performance
…By Duncan Mboyah be replicated in fighting Gender Based

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Violence because it is still a form of
omen aspirants in the violence that needs to be eradicated
recent General Election in our minds and then we actually see
faced violence that results.”
was mainly instigated However, Sumbeiywo challenges
by members of their own political women leaders to continue educating
alliances, organised gangs as well as the public on the one third principle to
election and security officials. correct the misinformation that is being
The violence coupled with other given to the public.
barriers such as lack of party support “Leaders must continuously Kenya’s only woman Presidential aspirant during the last General Elections Martha Karua seen during her campaign trials.
and financial resources as well as engage with men and the community Most women aspirants faced violence leading to their poor performance in the elections.
negative cultural beliefs dimmed in general to consider how many more Picture: Kenyan Woman Correspondent
women’s participation in the 2013 women are given elective positions
General Election. so that by the time we get to an-
There were major concerns of other election, communities will have in the electoral process faced numer- violence and voting against women ing women was that such stories were
intimidation, ridicule and propaganda known the correct information as op- ous challenges. Women aspirants in candidates seeking political leadership mostly hidden in the inner pages of the
against women candidates which forced posed to propaganda,” she explains. the Jubilee Alliance (48.6 per cent) and in Kenya. newspapers at 96 per cent with only 2.7
them to withdraw from the race during Women’s rights movement and Cord Coalition (34.7 per cent) faced Violence against women candi- per cent of such news captured on the
the primaries. human rights organisations have also the greatest violence in their efforts to dates was quite prevalent in the month headlines and 1.3 percent in the back
“This intimidation forced many been called upon to intensify monitor- be elected. of December 2012 and January 2013 pages.
potential women candidates to give ing of all county governments to ensure The assessment reveals that when the women hit the road solicit- The editorial line of each media
up contesting the seats that were easily that the one third rule is actualised at violence targeting women candidates ing for votes. outlet displayed a clear polarization in
won by male candidates,” Jebiwot Sum- all levels of decision making. mainly occurred during the party Different media houses were found coverage based on individual women
beiywo, Chief of Party Peace Initiative In Kenya, electoral violence relates nomination stage (42 per cent) followed to have their own editorial policy on aspirants’ political leaning.
Kenya (PIK) told Kenya Woman. to people feeling unsafe if other ethnic by the period of actual campaigns (33.7 coverage of electoral related challenges Print media were more diverse in
candidates take up leadership roles. per cent), registration of voters by the that faced women in the run-up to 2013 their coverage of women candidates
Advocacy When their own people do not get these electoral body (22.9 per cent) and on the General Elections. with aspirants across the political di-
Organisations at the forefront in positions, people become fearful and election day (1.2 per cent). The Star dedicated the largest vide receiving coverage as highlighted
the fight against gender based violence resort to violence. The more pronounced forms of space in covering violence related in the individual candidate’s experi-
should advocate for the information “The new government must en- violence directed at women candidates news targeting women with a space of ences.
regarding violence to be made public courage inclusion of all ethnicities and during the 2013 electioneering were 29,361 cm2 (32 per cent) followed by
since GBV, especially sexual violence should not favour any region but must mainly in the form of intimidation, The Daily Nation 24,498 cm2 (26.7 per Legislation
is a major concern both at the national make effort to correct errors of previous propaganda and physical assault. cent), The People 22,663 cm2 (24.7 per The report notes that political par-
and county government levels. governments favouring regions where Other forms of violence experi- cent) and the Standard 15,231 cm2 ties and the electoral body must come
Other women politicians facing people in power came from,” Sumbei- enced by women aspirants included (16.6 per cent). up with strict electoral code of conduct
violence, children are not spared and ywo reiterates. threats, destruction of property, Cross analysis by newspapers and punitive legislation to curb elec-
are abused by relatives, neighbours According to a study done by the abductions, verbal abuse and use of indicate that Daily Nation and The toral violence against women through
and teachers. African Woman and Child Feature derogatory language which demean People covered most of electoral civic education.
“Problems of poverty, urban Service (AWC Features), most of the women status. violence targeting Jubilee women Media houses are called upon to
overcrowding and social structure women affected by violence were those Electoral violence against women candidates (43.4 per cent) and (40.1 conduct tailored training for media
breakdown are allowing the predatory who contested for the post of Member candidates occurred mainly after the per cent) respectively while Cord Co- professionals (journalists) and editors
activities to flourish, calling for GBV of Parliament (37.2 per cent). political rallies where 36.9 per cent alition women candidates were mainly focusing on electoral news coverage
actors to coordinate their efforts to play They were followed by those who of women aspirants were reported covered by the Standard (36.7 per and the need for impartiality as well as
a strong advocacy role which will bring contested for the governor’s seat at 20.9 attacked or during the declaration of cent) and People (39.1 per cent). Am- exposing electoral violence and other
every home and every institution to per cent, senator at 19.8 per cent, county results. ani Coalition were mostly covered by malpractices targeting women.
discuss the problem of Gender Based representatives at 9.4 per cent, women Some women were attacked by the Standard (11.7 percent) compared The study challenges lobby groups
Violence,” notes Sumbeiywo. representatives at 8.1 per cent and presi- male opponents who on sensing danger to the People (9.4 per cent) and Daily to ensure enforcement for Bill of Rights
She adds: “Borrowing from the dency 4.7 per cent. of losing would unleash violence to Nation (5.6 per cent). Article 27(3) on the two-thirds principle
peace campaigns during the just con- All women affiliated to various intimidate them. The announcement A prominent feature of the to achieve gender equality in leadership
cluded elections, this gesture can also alliances and parties that participated of results is yet another trigger for articles on electoral violence target- is achieved.

Bruising battle for representation at county ward level

…By Joyce Chimbi Kisii County for instance, 14 women “Were it not for the 47 women Millicent Mugadi, Ziwani Ward According to Otieno, voters were

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will have to be nominated for the as- representatives elected under the af- representative, and the first female rallied against voting for women “be-
s the dust settles after sembly to comply with the not more firmative action to represent counties ward representative in Nairobi on The cause they already had their own seat”.
the much heated General than two thirds gender rule. In other in the National Assembly, gender National Alliance (TNA) party, con- Otieno notes that while affirmative
Election, organizations and counties the number of women to be disparity in political representation firms that the journey was marred with action seats were established in good
individuals advocating for nominated will be higher given that would have been massive,” notes mudslinging. faith, little or lack of voter education
gender equality and empowerment no single woman was elected. Mukami. In a bid to alienate her from the may have resulted into voters being
have retreated to assess the perfor- “With only 84 female ward repre- There is concern that if not women vote, Mugadi’s opponent pro- duped by unscrupulous male politi-
mance of women in the 2013 race. sentatives out of 1,450, it is clear that checked, marginalisation of women in duced a photograph of a naked woman cians.
While women had previously even at the lower level, women did not governance is likely to be worsened in claiming that it was her. Although Kimani Wamae does
performed better at the lower levels of fare any better,” says Dinah Mukami, a the county governments. not dispute the fact that women had it
representation than the national, the political activist. It is imperative to note that the 67 Standards rough in politics, he says: “As an an-
ushering in of the new constitution seats out of 349 members (excluding “There are gross double standards thropologist, I believe in the power to
was expected to boost their numbers Push the Speaker) represents 13.5 per cent of in politics. Women are expected to be adapt to the environment, something
but this was not the case. In all the 47 counties, no woman the National Assembly members. An moral but the electorate seems least that women in politics need to learn.”
Many of the women, due to lack of was elected senator or governor indication that indeed, the affirmative concerned with the morality of men,” Using a metaphor, Wamae ex-
the necessary academic qualifications prompting the National Gender and action as is the case in Uganda and explains Mukami. plains: “There is a reason why giraffes
and campaign resources, opted for Equality Commission (NGEC) to Rwanda, is making inroads. She adds: “So when the moral have longer necks. They were not
lower positions. However, they had to push for more women to be absorbed Failure by women to register major character of a female candidate is put always like that but as the trees con-
fight hard to first earn political party within the county executive commit- gains in the elections can be attributed to test or questioned, this can have tinued to grow taller, the giraffes had
nomination, and then sustain a vibrant tees. unfavourable political environment. very damaging repercussions on her.” to adapt, those who did not died.”
issue-based campaign for them to have With only five per cent women Women continue to cry foul claim- Ken Otieno, a social analyst He, therefore, draws a simi-
an impact. representation in elective national ing that their male counterparts have concurs: “It is true that there was a lot lar analogy to women in politics.
In the 2013 election was not politics, it is evident it is a long way to turned competitive politics into an of propaganda against women, espe- “Women in politics must adapt to the
an exception, only 84 women were go before Kenyans can embrace women adversarial and antagonistic smear cially around their moral standing as rough terrain or they will surely die
elected out of 1,450 county wards. In leadership. campaign. well as the affirmative action seat.” politically,” he says.
4 Issue Number 37 • June 2013 Status of Women

Parliament risks dissolution over gender quota

…By Faith Muiruri

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he simmering debate on the
realization of the one third
gender rule appears to have
taken centre stage even as the
expanded legislature and county assem-
blies take shape.
In the past few weeks, the National
Assembly grappled with the challenge
of implementing the one third gender
rule in formation of the House com-
mittees.
There are 69 female MPs in the 349
member National Assembly, which is
short of the at least 30 per cent require-
ment.
At the county level, about 600
women have been nominated to bridge
the gap after the March 4 General
Elections failed to deliver the required
gender threshold as outlined in Article
177 (b) of the Constitution.
However, legal experts are upbeat
that the 2015 ceiling set by the Supreme
Court ruling will provide a clear road-
map for the subsequent implementation
of gender quota in Parliament.
Legislation
According to the ruling, Parlia-
ment must enact the necessary legisla-
tion to give effect to the two thirds
gender principle, under Article 81 (b)
of the Constitution and in relation to
the National Assembly and Senate, by
August 27, 2015.
The legislation must also be
enacted within the timeframe outlined Legislators seated during the state opening of parliament in April this year. Failing to fulfil the constitution on gender requirement threatens the sittings.
in the fifth schedule of the Constitu- Picture: Kenyan Woman Correspondent
tion. “The Constitution also provides a
recourse if the legislation is not enacted
within the specified timeframe. Article the country — since the parties seek to “The Parliamentary Select Com- petition the Supreme Court for an marginalisation of women in elective
261 of the Constitution can be invoked appeal to all sectors in their choice of mittee rejected a proposal by the Com- interpretation of how the country bodies could not be resolved by quotas
to pave way for the dissolution of candidates. mittee of Experts (Co) in their “Revised should attain the gender equity but would only be realised over time
Parliament at the expiry of the grace Parliament can also enact the leg- Harmonised Draft”, for extra seats, to principle. and in stages.
period,” explains Prof Jill Ghai, a legal islation contemplated in Article 27 (8) bring up the number of women to one However, Chief Justice Willy
expert on Constitutional matters. or amend the Constitution as proposed third (as well as persons with disability Marginalization Mutunga ruled in favour of the prin-
Ghai notes that in its ruling, the Su- earlier to have top up seats. to five per cent, and five per cent being On December 11, 2012 the Supreme ciple being implemented ahead of the
preme Court largely relied on the provi- According to Prof Wanjiku Kabira, in a broad class of other marginalised Court ruled that the Constitutional elections.
sions of Article 100 on the promotion of Parliament must take advantage of the groups,” Ghai explains. provision calling for a mandatory one The ruling by the Supreme Court
representation of marginalized groups. 2015 grace period to effect the gender However, she notes that it was third gender representation would not provoked uproar with women leaders
However, Article 100 is really meant rule within the stipulated timeframe. impossible to know how many extra apply to March 4, General Election terming the action as a big blow to
to promote measures that may include “The Supreme Court ruling seats would have been needed, because and should instead be implemented women’s empowerment.
education and providing incentives such granted Parliament temporary the Committee of Experts, wisely, did progressively by August 2015. “The women of Kenya are seeing
as using the Political Parties’ Fund to reprieve which expires in 2015. After not specify the number of geographical In the landmark decision by four of this as a blatant and direct violation
reward parties that get women elected. that anybody can move to court and constituencies. It was a form of Mixed the five judges hearing the case, Jackton of women’s constitutional rights of
“While it is highly possible that seek dissolution of Parliament if Member Proportional system because Boma Ojwang, Njoki Ndung’u, Philip equality and non-discrimination based
they may have misunderstood the in- the required legislation is not put in the extra members would have been Tunoi and Smokin Wanjala, the one on sex,” said Rose Waruhiu, a women’s
tentions of Article 100, the good news place,” Kabira notes. taken, from party lists, in proportion to third gender requirement for the Na- rights activist and former member of
is that all laws under Article 100 must According to Kabira Parliament the number of votes cast for each party tional Assembly and Senate could not the East African Legislative Assembly.
be passed by 2015 as stipulated in the has no option but to put in place proper in the constituencies. be enforced in the 2013 elections. She added: “The ruling makes a charade
fifth schedule of the Constitution,” mechanism in tandem with the Su- They said that the historical of the whole idea of constitutionalism
Ghai explains. preme Court ruling to aid in the realisa- Amendment and is the ultimate insult to Kenyan
Focus now shifts to Parliament to tion of the gender rule. Proposals for constitutional women, women around the world and
give meaning to the two thirds gender She says that Parliament must amendment could, however, return “Parliament must be in essence the Kenyan people.”
rule which is derived under Article explore all possible avenues including
81(b) of the Constitution. amending the Constitution to give ef-
to the Revised Harmonised Draft ap-
proach for the National Assembly.
open to options that may The government has in the past
signalled its belief in using ordinary
Parliament has an array of options fect to the gender rule. The Kenya Human Right Com- include amending the legislation to achieve gender balance. Its
including putting in place legislative “Parliament must be open to op-
measures it considers appropriate for tions that may include amending the
mission (KHRC) nevertheless feels
that Parliament needs to explore
Constitution to give ef- periodic reports to the Convention on
Elimination of Discrimination Against
the purpose of enforcing or securing Constitution to give effect to the thirds legislative mechanisms that include fect to the thirds gender Women (CEDAW), even before the
the enforcement of the two thirds gender rule,” she says.
gender rule. Kabira explains that once the
amending the Elections and the Politi-
cal Parties acts to enforce the gender
rule. Once the necessary Constitution of Kenya indicate that
it is possible to achieve that objective
Options legislation is enacted, political parties rule. legislation is in place, through the instrument of the Political
can decide to nominate more women to “Asking Parliament to amend the political parties can still Parties Act.
For instance, Parliament can opt parliament to bridge the gender gap. Constitution could result in reversal The State has already signalled its
for the adoption of a Mixed Member “Once the necessary legislation of gains. It will set a bad precedent nominate more women capacity to use ordinary legislation to
Proportion system, with only 210 is in place, political parties can still
constituencies, and 80 list members, nominate more women to parliament
of resorting too quickly to constitu-
tional amendment whenever there is a
to parliament to meet achieve gender balance through the
County Government’s Act.
the latter allocated on the basis of votes to meet the two thirds gender rule, but challenge,” the Kenya Human Rights the two thirds gender In USA where gender equality
received. This would produce a house even if this is not done, women will
roughly proportional to the votes cast. be assured of a solidified gender quota
Commission avers.
It states that gender issues are
rule, but even if this is provisions are less explicit than Consti-
tution of Kenya (CoK) 2010, affirmative
Either all the 80 could be women, or as during the 2017 General Election,” likely to be relegated to the periphery not done, women will be action was achieved not via constitu-
many as needed to produce one-third Kabira expounds.
women. She says that initially, the gender
and addressed in a simplistic manner
if the Constitution is amended, there-
assured of a solidified tional amendment but through a raft of
executive orders and voluntary internal
Or they could adopt a purely pro- rule provision was entrenched in the fore, robbing women of their gains. gender quota during the administrative action by non-state ac-
portional representation system which harmonized draft of the constitution
has a natural tendency to produce but Members of Parliament rejected the
Failure by last Parliament to pass
the necessary legislation prompted
2017 General Election.” tors. This is what Kenya could resolve to
if not through constitutional amend-
legislatures that reflect the make-up of clause during negotiations in Naivasha. Attorney General Githu Muigai to Prof Wanjiku Kabira ments to achieve the gender quotas.
 Status of Women Issue Number 37 • June 2013 5

Joyce Laboso: Strategy key to political survival

…By Faith Muiruri the first round. itself and avoid shying away House to enhance their partici-

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Laboso was elected the from responsibilities,” she said. pation.
he essence of strategy Deputy Speaker with 254 votes She told them to take ad-
is being able to seize — the highest for the day — Opportunity vantage of support accorded
the moment when an against Abdikadir Omar of The Deputy speaker said by other players including
opportunity presents ODM who got 90 votes. as legislators, they can only the civil society organiza-
itself. “It was a matter of seizing increase their visibility if they tions to bring motions in
This is exactly what Dr the moment and deciding this is contribute at the floor of the Parliament.
Joyce Laboso did to clinch the what I am going for and remind- house. “We have a
position of a Deputy Speaker in ing those in the position to sup- “You were elected to talk. strong legal depart-
the eleventh parliament, thus port me,” says Laboso. There is nothing else. Most of ment which can
becoming the first woman in the Speaking during a two you think you can only talk help you formulate
history of this country to hold day women’s conference after you have researched to be bills. All you need
the coveted seat. jointly organized by the Women able to say very sensible things. is to formulate the
Today, she has become a Empowerment Link Laboso Get up and speak because that question and the
household name and is quickly intimates that she first sought is what parliament is about,” she legal experts
emerging as a strong political support from the two principles urged. will research
force both at the national level in the Jubilee Coalition because She said “the more
and in her Rift Valley backyard. she didn’t know who was going you speak, the more you
“I knew from the word go to be their choice for the seat. will get noticed. “Do not
that I had every opportunity The women’s meeting was held be afraid and do not shy
to become the Deputy Speaker. under the theme “Advancing away from the media.
I had served in the Speaker’s Women Rights Agenda; Bridg- You would rather say
panel during the tenth parlia- ing the Gender Equality Gaps’’. something wrong and
ment and thus had the requisite “When President Uhuru apologise later rather
experience needed for the seat,” Kenyatta and his Deputy Wil- than not say anything.
Laboso explains. liam Ruto convened a meeting That is how you begin to
of elected representatives after build your profile. That is “You were elected
Survival the elections, I took it upon how you get to be known
Her fortunes were, however, myself to announce that this is and recognized,” she
to talk. There is
highly pegged on her ability to what I want because I have the affirmed. nothing else. Most
endear herself to members from ability, I have the experience Laboso called on
both sides of the house. and I am in the right side of women to unite beyond party for you,” she said. of you think you
Secondly, she was a member the coalition that stands a high lines and rally around a com- “You also need to identify can only talk after
of the Jubilee Coalition which chance of winning the position,” mon agenda. She said that wom- your niche to be able articulate
was poised to get the position she said. en MPs and senators should be issues passionately. I cannot you have re-
owing to its numerical strength Laboso also reached out to able to address gender concerns over-emphasize the importance
in Parliament. CORD MPs who sponsored her at all levels of representation of sustaining a strong presence at
searched to be able
However, Laboso still first bid to Parliament. She told adding that the women agenda the constituency level,” Laboso to say very sensible
required support from across the newly elected women MPs should not be subverted by reiterated.
the political divide. House rules and senators who attended the other considerations such as She added: “You will need to things. Get up and
require that a winner gets two meeting to become strategic in party and ethnic interests. have a clear program of how you speak because that
thirds of the votes to win in the their new roles and reposition She also urged them to will engage both at the national
first round. themselves in a way that will contribute to motions and bills. level and as an elected represent- is what parliament
She says it was not easy but increase their visibility in the “Currently we do not have ative in the constituency.”
with the help of female MPs house. question time where legislators
is about.”
from across the political divide, “You must learn the art of would contribute and therefore,  Dr Joyce Laboso
she managed to marshal im- being able to seize the moment women must be familiar with
mense support to win the seat in and opportunity when it presents motions and bills before the

Unclear laws a barrier to political determination for women

Continued from page 1
cal context still favours men, as does firmative action seats worked against more than two thirds of members of main reasons for women’s exclusion
the process of accumulating re- women who competed against men. elective public bodies shall be of the from higher elective offices. These
This can be traced back to the sources needed to win a critical mass The electorate was being asked why same gender’. are Kenya’s patriarchal culture and
first parliament which was all-male. within the political context,” explains they were electing women while they “The two midwives of Kenya’s electoral system.
In the second general election in Grace Gakii, a social scientist and (women) already had their seats.” constitution — Committee of Experts He notes that another problem is
1969, Nyanza Province made history gender expert. According Kimosop there was and the Parliamentary Select Com- that the country’s political contests
by electing the first woman Member insufficient civic education to sensitise mittee on Constitutional Review tend to require an enormous outlay of
of Parliament, Grace Onyango, for Minefield people on what the Constitution says — merely postponed the dilemma social capital.
Kisumu Town Constituency. Patriarchy and the Single Member regarding affirmative action seats. of women’s representation instead “Yet, the  processes of economic,
Onyango’s election was the begin- District (or the Single Winner Voting), Even though promulgation of the of spelling out how to effect these cultural and political capital accu-
ning of long painful journey of women an electoral system that only returns Constitution of Kenya 2010 was hailed provisions,” notes Akoko Akech, a mulation still favour men more than
representation in parliament. From one office holder in a district and or as the dawn of a new political era for Programme Officer at Society for women, irrespective of ethnic, religious
1979 to 1988, Dr Phoebe Asiyo was constituency, has made politics too women eyeing elective positions, this International Development (SID). and class divides,” notes Akech.
elected the parliamentary representa- combative for women. has not been the case. Akech further notes that “by im- Nonetheless, the irony is that
tive of Karachuonyo Constituency. However, even within the current “Women were misguided in be- plicitly endorsing the single member women are key players in politics, more
She was again elected in 1992. electoral system that has been hailed lieving that the political space, under district constituencies, drafters of the so as voters.
In 1984, Grace Ogot was elected as more sensitive to challenges facing the law, had expanded in their favour. Constitution significantly constrained “During the campaigns, the
as GEM MP and subsequently ap- women in politics, there are still fewer While the law is key, ballot 2013 shows Kenya’s options on mechanism or candidates had wonderful things that
pointed as an assistant minister by the gains with the political terrain is that we still have a long way to go,” formula’s for effecting the provisions they said they will do for women when
then President Daniel arap Moi. She largely skewed in favour of men. Gakii expounds quoting some of the on gender equity”. elected to power, this was of course to
was again elected in 1988. “The reason why women are not Articles as 27(3), 27(6), 81(b), 177(b) consolidate the women vote,” notes
Since then, in the interven- performing well can be attributed to and 197. Representation Gakii.
ing years, the region did not elect a the challenges they face. In Africa, Article 27 (3) states that ‘women Although the Kenyan Constitution She adds: “It is generally accepted
woman to parliament. The impasse leadership is viewed as masculine and men have the right to equal treat- is the most progressive within the East that women are a swing vote but it
was recently broken by the election of and culture has endorsed it,” explains ment, including the right to equal African Community (EAC), the country appears women are unable to consoli-
Millie Odhiambo as National Assem- Vincent Kimosop, Executive Director opportunities in political, economic, lags behind when it comes to representa- date their power as an electorate to
bly representative for Mbita. of International Legislative Affairs. cultural and social spheres’. tion of women in politics. Kenya is 15 ensure that more of their own get into
Unfortunately, the low representa- Kimosop blames women’s dismal The article further states that ‘the percentile behind EAC’s regional aver- positions of power.”
tion of women in politics is similar performance on weak financial muscle. state shall take legislative and other age of 20 per cent women representation The walk towards equal repre-
across the country with only the Rift In an attempt to narrow the gap measures including affirmative action as National Assembly representative. sentation will take a little longer than
Valley and Central provinces being between male and female leaders, programmes and policies to redress any This is significantly low compared what the women had expected after
receptive to women’s leadership. the Constitution created a provision disadvantage suffered by individuals or to Rwanda’s 56 per cent, Tanzania’s the Supreme Court failed to deter-
However, the number of women MPs whose intent is to make political posi- groups because of past discrimination’. 36 per cent, Uganda’s 35 per cent, and mine how the country will be able
remain disturbingly low. tions more accessible to women. Article 81 (b) is even more specific Burundi’s 30 per cent. to achieve the two third gender rule
“The socio-economic and politi- However, says Kimosop: “The af- and it unequivocally states that ‘not According to Akech, there are two progressively at 2015.
6 Issue Number 37 • June 2013 Status of Women

When voters gave capable women a wide berth

…By Odhiambo Orlale coming in fourth. Ngilu served as Member of Parliament for Bishop Margaret Wanjiru: A re-

A
Kitui Central from 1992 to 2013, and was a Cabinet minister for nowned tele-evangelist, Wanjiru ventured
s Kenyans take a stock on the 2013 polls, there is no 10 years in President Kibaki’s regime, serving in the health and into politics in 2007 and was elected MP
doubt that women politicians were the biggest losers water dockets. for Starehe on an ODM ticket. She was later
in the General Election. Ngilu is the chairperson of Narc Party. She lost her bid to appointed Assistant Minister for Hous-
The women’s movement who had spearheaded be elected the first Senator for Kitui County to David Musila, a ing until 2012, when she opted to vie for
the clamour for affirmative action which is entrenched in the former Member of Parliament for Mwingi Nairobi gubernatorial position but was
Constitution were shocked to find that voters had given them a South. disqualified for lack of educational papers
wide berth. for the position. Her party then nominated
The voters did not consider the impeccable credentials of Dr Sally Kosgei: The immediate for- her to vie for the Nairobi Senatorial posi-
Martha Karua, Charity Ngilu, Sally Kosgei, Margaret Kamar, mer Member of Parliament for Aldai served tion which she lost to TNA’s Mike ‘Sonko’ Mbuvi.
Bishop Margaret Wanjiru, Jebii Kilimo, Beatrice Kones, Peris for one term on an Orange Democratic
Simam and Sophia Abdi Noor as attractive. They seem to have Movement (ODM) ticket from 2007-2013. Sophia Abdi Noor: She joined Parlia-
been swayed by the political party wave and the coalitions. During this period she first served as ment in 2007 having been nominated as a
In an election that was hotly contested, political parties failed Minister for Higher Education and later as Member of Parliament under ODM Party in
to promote affirmative action when they held their primaries Agriculture minister. A long serving career the August House. She also served as deputy
despite the Political Parties’ Act having three clauses that stress civil servant, she also served as Kenya’s chairperson of the Kenya Women’s Parlia-
on gender equity. This virtually locked out women aspirants. Ambassador to the United Kingdom rising to be the Head of the mentary Association (KEWOPA) and sat in
Some of the strong women who feel victims to the unfair Civil Service and Secretary to the Cabinet, under President Moi’s several parliamentary committees including
decisions by voters and the public include: administration. that of Justice and Legal Affairs as well as
Kosgei lost her Aldai seat to the URP wave that hit North the Constitution Oversight Committee. She
Linah Jebii Kilimo: A leading crusad- Rift. served as chairperson of the Committee on
er against female genital mutilation (FGM), Labour and Social Welfare. In 1997, she made history as the first
Kilimo made history as the first woman to Prof Margaret Kamar: She served as woman from the region to vie for a parliamentary seat (Ijara). She
be elected MP in Elgeyo Marakwet County the Member of Parliament for Eldoret East bided her time and tried it again in 2013, on a URP ticket but lost.
to represent Marakwet East in 2002. She from 2007-2013. During this period she was However, she has petitioned the results in court.
was appointed Minister for Immigration appointed Minister for Higher Education. Noor is one of the founders of the organization WomanKind
and Registration of Persons. In 2007, she Before joining politics, Kamar served as Kenya that empowers women, promotes girl child education and
defended her seat on a Kenda ticket going former Deputy Chancellor at the Moi Uni- fights against FGM.
against the wave of the ODM that rode the versity and principal of Moi University’s
region and was appointed Assistant Minister Chepkoilel Campus, which has since been Beatrice Kones: Kones was elected
for Cooperative Development. upgraded to full university status. Kamar Member of Parliament for Bomet following
In the Tenth Parliament, Kilimo also served as the chair- first ventured into politics in mid-1990s the death of her husband Kipkalya Kones
person of the Kenya Women’s Parliamentary Association when she was picked to be a member of who died in a plane crash in June 2008. She
(KEWOPA). In 2013, she defended her seat on a TNA ticket, but the East African Legislative Assembly. She also participated as a was elected on an ODM ticket and was ap-
was a victim of the URP wave that hit the North Rift region even delegate at the National Constitutional Review Conference, also pointed Assistant Minister for Home Affairs.
though both parties were in one coalition. dubbed Bomas II conference. Late last year, Kones de-camped from
An expert in soil and water conservation of which she holds a ODM to URP to contest for the Bomet
Martha Karua: Very vocal and served PhD from the University of Toronto, Kamar lost her bid to be the County Women’s Representative seat but
for two decades as Gichugu Member of Par- first Governor of Uasin Gishu County in the past elections. was knocked out at the party nomination
liament having been elected. Before she got stage.
into politics she served as chairperson of Wavinya Ndeti: Wavinya (as she was
the Federation of Women Lawyers in Kenya popularly known) is the immediate former Peris Chepchumba Simam: The
(FIDA) and League of Kenya Women Vot- Member of Parliament for Kathiani. She immediate former Member of Parliament
ers. Karua who had also worked as a magis- first tried her hand in politics in 2007 and for Eldoret South, Simam served for one
trate made history by being the first woman won the se on the Chama Cha Uzalendo, term on an ODM ticket, after she clinched
to be appointed as Minister for Justice and a feat she achieved by going against the the seat in 2007. She was the vice secretary
Constitutional Affairs. She was also the ODM-Kenya wave that dominated of KEWOPA during her five-year tenure.
first woman to serve as deputy Leader of Government Business in Ukambani region. She was then appointed However, her attempt to seek a second
Parliament. She is currently the chairperson of Narc-Kenya. Assistant Minister for Sports. In the last term on a URP ticket was nipped in the
elections, Wavinya vied for the Machakos bud during the party nominations. Simam
Charity Ngilu: She was the first woman gubernatorial seat on the Chama Cha served as a member of the Land and natural
to declare interest in and vie for the presi- Uzalendo, but lost to former Government Spokesman, Dr Alfred Resources Committee and also represented
dency in 1997 on a Social Democratic Party Mutua, who was nominated by Wiper Democratic Party, under the country at the Pan African Parliament. She was also Vice-
ticket. However, that same year the late the Cord coalition. chair of the African Parliamentary Network Against Corruption,
Nobel Peace Laureate Wangari Maathai However, Wavinya has filed a petition challenging Mutua’s Kenya Chapter.
also indicated interest in the presidency. election. She holds a Master of Science degree in Business Analy- Simam is an alumnus of Kenyatta University where she
They both lost to President Moi, with Ngilu sis and Design from the City University, in London. graduated with a Bachelor of Education in Science.

Failure to vote in women catches the eye of observer missions

…By Jane Godia engage in the political process as can- composition of its governing body allow more than two thirds of the same issues specifically around gender based

A
didates and elected representatives, the reflects regional and ethnic diversity, gender to hold elective or appointive violence. The Women Situation Room
s Kenyans take stock of the reserved seats for women have served gender balance and representation of positions. “Following a decision by the in its final observation noted the des-
just concluded elections, the to segregate female candidates and to minorities and marginalised groups; Supreme Court that not more than perately low numbers of women who
glaring gender disparities at bar them from standing as candidates (d) not more than two thirds of the two thirds of the same gender will be vying and those who were eventually
all levels of representation for any other seat in parliament”. members of its governing body are of members of an elective or appointive elected.
have elicited widespread reactions from The European Union noted that the same gender. body, it is hoped that future elections However, the observer groups
observer missions. “inspite of the numerous dispositions The Commonwealth Observer will guarantee a more balanced repre- from Africa, namely Comesa, African
The European Union, Carter aimed at ensuring a better represen- Group in its preliminary statement sentation.” Union, East African Community and
Centre and Commonwealth observer tation of women in public office, it noted with concern that the Supreme The European Union in its IGAD did not mention anything to do
groups expressed concern over the regretted the undermining of the es- Court had dealt women a blow by preliminary statement noted that with the women’s low representation in
minimal number of women who were sential component of a modern society postponing implementation of the the constitution principle of provid- their reports.
vying for elective positions. that is the promotion of women’s two third gender principle that did not ing representation for minority and The observers gave their verdict as
The European Union stated that representation in elective positions”. marginalised communities through it emerged that the election outcome
despite the quota system and constitu- The Union singled out the Politi- the system of special seats has not was a major drawback in the on-going
tional principles for affirmative action, cal Parties’ Act which contains three “Inspite of a legal been fully implemented. It noted: efforts to increase women representa-
women’s participation as candidates significant articles on gender equality framework providing “The lists earmarked for special seats tion in the political scene.
was disapprovingly low. but their existence failed to translate were published late due to the fact that From parliament to the regional
The Carter Centre for Internation- to higher political representation for for a solid set of rules some political parties failed to comply assemblies, the elections failed to
al Elections Observation observed that women”. to enhance women’s with the legal requirements relating to deliver the much needed increased
“inspite of a legal framework providing According to the Act (Article gender, age, and special interest groups women representation to at least one
for a solid set of rules to enhance 7 (2)), a political party can only be participation in poli- quota.” third as anticipated in the constitution
women’s participation in politics”, the registered if (b) the members . . . reflect tics, the numbers were This was also mentioned by the However, existing laws, political
numbers were very low. regional and ethnic diversity, gender Women Situation Room, the election party leadership and greed for power
It stated: The quota system, rather balance and representation of minori- very low. observation group that was monitor- has not made it clear to the electorate
than empowering women to fully ties and marginalised groups; (c) the  The Carter Centre ing and responding real time to the on the necessity of electing women.
 Status of Women Issue Number 37 • June 2013 7

Political Coalitions a danger to women empowerment

…By Jane Godia wamu, a political analyst the rains His sentiments are

I
started beating women when the politi- echoed by Faith Kasiva,
n 2010, when a referendum was cal parties’ primaries were bungled. Executive Director Gender
called to determine whether “There were strong women who and Media Initiative
Kenya should adopt the new Con- were vying for political seats but they (GEM), who notes that the
stitution, women were ecstatic lost because the party nominations coalitions actually led to
and voted in large numbers citing their were badly carried out,” observes increased competition on
gains as entrenched in the supreme law. Nyamwamu. an uneven playing field and
However, they were faced with Giving an example of Nyanza, he compounded matters for
another hurdle as the provisions had says women from the region fell off by women because regional
to be legislated. Parliament had to the wayside because the party prima- balancing came to the fore.
enact laws but by the time of going ries were mismanaged. “The coalitions brought
to elections, they had not passed the “Seventy to 80 per cent of women in more players for the posi-
law that would see not more than two who were aspiring for political posi- tion with different men and
thirds of the same gender elected in tions would have made it if party women competing for the
Parliament. Questions were raised as nominations were credible,” notes same seat,” observes Kasiva.
to whether the country would be able Nyamwamu. She adds: “Regional
to marshall enough women to meet at balancing removed women
least one third because it was assumed Ethnicity from the centre to the mar-
that the two third was for men. This then was made worse by the gins leaving no woman ben-
On the General Election day on coalitions that took a regional and efitting from the coalitions. Politician Charity Ngilu with Jubilee politicians led by President Uhuru Kenyatta at a political
March 4th, women came out in large ethnic turn and this saw the tribal Women were sacrificed rally before the elections. Coalitions are blamed for failure by women to capture more seats in
numbers to vie for the various posi- foundation for party and coalition regardless of the party ticket. the March elections. Picture: Kenyan Woman Correspondent
tions. Despite the low turnout for the formation. In most of the coali-
top seats such as Presidency and Gov- “Women suffered because of the tions, parties agreed that they
ernor, there were many women who coalitions. Even if a woman was in a would dominate a certain area. were being asked to step down in the limelight women in TNA strong-
aspired to be Senators, Members of strong national party, she ended up For instance, in the Jubilee coalition, it favour of male candidates. hold and by the end of the elections
Parliament as well as County Assembly being affected because the party may was unilaterally agreed that URP will This was the case with one strong the party had six women elected into
ward and Women representatives. not be strong in the region where she field candidates in the North Rift and woman who was forced to give up her parliament.
is vying from,” explains Nyamwamu TNA would not. The same was said for bid for the Nairobi Senatorial position The coalitions as structured in this
Numbers giving an example of Lina Jebii Kilimo Central where they agreed that URP because leaders from her community past election must have been a lesson
However, a challenge came into who was vying with The National would not field a candidate. said they will only support a particular to many women. They will need to
the fore as parties decided to join Alliance (TNA) party in a region that However, this affected strong coalition if she did not vie, noting that rethink how they can angle themselves
forces since it was deemed that one was a United Republican Party (URP) women like Kilimo who was vying on her community culture does not accept within parties and be able to negotiate
single political party could not garner stronghold. a TNA ticket in an area seen as Jubilee women’s leadership. for themselves.
enough support for the President to “Even in Eastern Province women stronghold. According to Joy Masheti, a According to Dr Miria Matembe,
win 50 plus one votes. This then saw who were strong supporters of Orange Speaking at the Women Situation programme officer at the Caucus a former Member of Parliament in
the formation of Coalition for Resto- Democratic Movement (ODM) Room immediately after the results for Women Leadership, societal Uganda, Kenyan women were not sen-
ration of Democracy (CORD), Jubi- suffered because their party joined were announced, Kilimo said that prejudices came to play in the main sitised enough to make bargains during
lee, Eagle and Amani alliances. These alliances with Wiper, which was strong the leading light for URP came to her coalitions. the formation of coalitions.
coalitions brought together political in especially Ukambani region” says constituency and demanded that they While men who failed to win “Women should have constituted
heavy weights as they hoped to bring Nyamwamu. He notes that TNA was only elect people from the party. Ac- nominations with the main party in themselves in groups and gone to presi-
in the strength of numbers. However, seen largely as a party for Central cording to Kilimo, they did not want their areas went to smaller parties dential candidates and demanded for
while the Presidential candidate was Kenya and, therefore, those women in the “secrets of their house being shared and won, women who joined the little positions since they are the biggest bloc
going to benefit from the coalitions, it other parties like Narc-Kenya did not by outsiders”. known parties that were in the coali- of voters,” explains Matembe.
was not going to work for individuals have a say once the top four carried Within the regional balancing, tions still failed to win. She notes that women in Kenya
as certain factors came into play. the day. patriarchy also came to play as women Masheti notes that about 99 per were not sensitised enough to know that
One, the coalitions opened the field cent of women who were nominated they were being cheated. They should
for competition to more players and “There were strong women who were vying for came in through the big coalitions. have asked all presidential candidates to
women ended up being sacrificed. The “It depended on how the woman have women as running mates.
issue of regional balancing, bungled
political seats but they lost because the party placed herself within the coalition and Matembe notes that for women to
nominations and patriarchy ended up nominations were badly carried out.” the value she was bringing in,” Masheti succeed, they must put gender issues
being the biggest undoing for women.  Cyprian Nyamwamu observes. as a priority over party interest and
According to Cyprian Nyam- She says coalitions helped bring to not lobby individually but as a bloc.

Turning elections into a less nightmare for voters

…By Ruth Omukhango me around 20 minutes. My fear came tives all at the same time. Although Independent Electoral unwise decisions, which is detrimental

I
true on the material day and this was Besides challenges posed on the Boundaries Commission (IEBC) con- to democracy and good governance,”
f there is one thing Kenyans giving IEBC logistical nightmares as number of ballot papers, the colours ducted mock elections as a test run Aling’o said. He added: “This poses
learnt from the General Elec- well as the voters who had queued for that adorned the papers were also before the General Election aimed a danger to the positive gains the de-
tion was poor preparation of long hours,” says Fredrick Ochieng, a wanting since they were not sharp at educating Kenyans on how they volved government promises to bring
the voters on dealing with a voter in Sarang’ombe ward, who had enough to be identified. This led would vote, the exercise recorded low in Kenya.”
complex poll. participated in the mock exercise at to confusion as many voters were turnout. This is despite the fact that Aling’o blamed the media and
This in the end contributed to the Olympic Primary School. unable to clearly identify the colours IEBC had mobilised the necessary government institutions for failing to
many hiccups that were witnessed. His sentiments are echoed by of the ballot papers and as a result machinery for a trial run in 1,450 educate the public about the constitu-
The experience is an indication that Elizabeth Ndeda, a primary school placed ballot papers in the wrong polling centres. tionally mandated decentralisation of
the country should start thinking of teacher at Littlerock Primary School boxes. The low turnout was largely the government.
how to make future elections more in Kibera, who voted at Raila Educa- “Many of the spoilt votes were as blamed on the fact that the exercise However, James Oswago, IEBC
user friendly, especially for female tional Centre in Kibra Constituency, a result of lack of a clear distinction was conducted on a Sunday when chief executive officer said they car-
voters. was on the queue as early as 6.00 am. of the colours and therefore voters most people prefer going to church or ried out voter education in stages to
The positions of the presidency, She was confident about who she placed the ballot papers in the wrong attending to other family matters. avoid overwhelming the public with
governor and Member of Parlia- would vote for among the top candi- boxes,” says Alphonce Tambo who According to Atsango Chesoni, too much information.
ment appeared to elicit more interest dates. However, she lacked enough was a Returning Officer at Olympic Executive Director of the Kenya Hu- “In November, last year, our
due to the high publicity they had information on women and county Primary School Polling Station in man Rights Commission, the IEBC voter education was focused on
received. ward representatives, coming across Kibra Constituency. was not sufficiently prepared to run encouraging the public to register
However, many voters did not the names of the candidates for the Despite efforts by the IEBC to and observe the elections. as voters. Later our messages were
have sufficient information on other first time at the polling centre. conduct voter education through She noted that citizens lacked in- designed to convince voters to check
positions such as senator as well as “I was confused on who to vote public media, most voters argued formation on the voting process due their registration status before we
women and county ward representa- for because I had never seen the can- that the electoral body should have to late or insufficient voter education. embarked on a full-swing education
tives as majority were not known to didates campaign,” explains Ndeda. reached out to them through informal Her sentiments were echoed by on the seats up for grabs and the
them. Even after the elections, the Many voters appeared over- channels of communication. Peter Aling’o, Director Institute for functions of those elective posts,”
citizens are still ignorant about the whelmed after they were given six Challenges posed by illiteracy Education in Democracy who noted Oswago explained.
roles of senator, governor and county ballot papers on the polling day to among the voters contributed to delays that the lack of information among Nearly 330,000 ballots were re-
representatives. vote for president, senator, governor, as those affected had to seek for as- voters was a “worrying trend”. jected for not following election rules,
“Picking and marking the ballot Member of Parliament as well as sistance from IEBC officials and spent “It is very worrisome because an raising criticism to voter education
papers and later casting the votes took county ward and women representa- more time on the polling booths. uniformed voter will always make efforts.
8 Issue Number 37 • June 2013 Status of Women

Why two third principle must begin now

…By Joyce Chimbi der issues in the Great Lakes Region, Women demonstrating while demanding for the enactment of the gender rule as is entrenched in the constitution. Picture:

T
despite an increase in the number Kenyan Woman Correspondent
he promise of the Constitu- of women in legislative bodies, they
tion to expand the political continue to be underrepresented in more seats for women to compete explains: “This is besides the money night. A woman isn’t expected to do
space for women has borne most structures of power and decision for, the environment was still not required to oil an effective campaign, so. You find that a woman aspirant
little fruit. This is despite making. enabling. Women remained under getting vehicles and fuelling them to goes to bed thinking that her position
the Constitution entrenching a Many have watched in dismay as attack from male opponents and even facilitate mobility as well as branding in the party is secure only to wake up
gender sensitive rule demanding the expanded political space has been the society.” among other things.” to new realities in the morning after
that not more than two thirds of the filled by more men. Despite there being fewer The issue of money and other men have kept their night vigils,”
same gender should occupy public The challenge for women began incidents of physical violence and resources were very clear in the way Zaja explains.
elective or appointive positions. with the political party nominations. assault against female aspirants, certain candidates exposed them- Women who attempt to cam-
The argument floated by critics When the political parties’ primaries the elections were characterized by selves. It was easy to tell who were the paign at night are also at risk of rape
of gender equality was that there are were held to nominate candidates verbal abuse and degrading sexual more moneyed just by looking at the and other physical harm. They also
not enough women who can take up to vie for elective positions, it was innuendoes. kind of branding that was put in place stand a high chance of breaking their
political decision making positions. evident that the political terrain would This was the experience of Veska especially among the presidential and marriages.
Regarding the actualisation of be rougher for women more than ever Kangongo when she bid for the guber- governor candidates. Education continues to be anoth-
the two third gender rule, the Attor- before. natorial seat in Uasin Gishu County. When Martha Karua, the only er problem. When the current crop of
ney General turned to the Supreme Male dominated political parties Her rivals kept on saying that the woman presidential candidate said women aspirants should have been in
Court to determine how the gender blatantly made a farce of the political first Governor in the region will be she has only KSh56 million to her school, a good number of them were
parity rule is to be operationalised. space, expanded by the gender sensi- “anything but a woman”. name, it was not clear how she would not offered the opportunity. Many
This was after the women’s move- tive Constitution of Kenya 2010. The statement was replayed across finance her campaign machin- women who are good leaders failed
ment had moved to Court seeking Unfortunately scores of party tickets the country and consequently and this ery when her most serious rivals to get the bigger political positions
clarification regarding Article 81(b) went to male aspirants. put off many women leaving only a were talking of about KSh8 billion simply because of the education
of the Constitution which states that handful to run for gubernatorial and campaign budget. This showed that qualifications required.
“not more than two–thirds of the Political goodwill senate. if Karua was going to rely on family One of the strong woman politi-
members of elective public bodies The Rift Valley region which in “Women are not violent by resources for her campaigns then she cians in Nairobi County, Bishop
shall be of the same gender”. The the previous parliament had elected nature and tend to shy away from would not be able to compete favour- Margaret Wanjiru found herself
ambiguous clause was silent on the the highest number of women — violence. This means that while the able with her male rivals. locked out of party nominations for
manner in which the gender rule seven — had the number drop to Constitution requires that not more the governor at the very last minute
would be actualised. four this time around and only two than two thirds of members of elec- Challenges for lack of a recognised university
The Court, in its decision, ruled were re-elected — Helen Sambili and tive public bodies should be of one Other challenges facing women degree.
that the gender principle enshrined Joyce Laboso. The rest succumbed gender, it will be an uphill task before aspirants included the confusion that “Before she was disqualified,
in Article 81 (b) would have to be to political party and coalitions’ women can get there because of the was created over the women represen- Wanjiru had a massive following and
progressively realised by 2015. How- euphoria. However, Rift Valley violence that is inflicted on them be it tative position. was a threat to many male rivals,”
ever, it is important to note that this produced two women from minority physical or psychological,” says John “The society is anything but says Mueni. She notes: “However, she
ruling only alludes to the National tribes, Peris Tobiko (Maasai) and Ndeta, Media and Peace Coordinator supportive. Male politicians success- is not alone. There were many women
Assembly and Senate positions. Grace Kipchoim (Endorois), being for the Peace Initiative Kenya project fully incited voters, to push women who could have vied for the ward
the first women from their com- under the International Rescue Com- to vie for the affirmative action seat representative position but could not
Research munities to get into the National mittee. (women representative),” explains simply because they lacked post-
At the county level, the Consti- Assembly. Mueni. secondary education.”
tution (Article 197 (1)) was explicit “For the country to have elected Attitude This confusion then left the voter Clearly, more than ever before,
that: “Not more than two-thirds of fewer women within the context of Zaja notes that besides the soci- thinking that women could only be the results of the General Elections
the members of any county assembly the most gender sensitive constitu- ety’s negative attitude women are still elected as women representatives and have reaffirmed the perception that
or county executive committee shall tion in the world is telling that we not able to amass the required re- not for the other positions. It also the promise held in the Constitu-
be of the same gender.” are operating in a political context sources to hold successful campaigns. affected the number of women who tion, to expand the political space for
“The Supreme Court ruling that has very little, if any, political “I pulled out of the race for the were elected as county ward represen- women, is still far out of reach for a
threw the spanner into the works goodwill for female politicians,” says Governor of Mombasa County under tatives as only 84 were voted in out of significantly high number of women
and gave political parties a loop- Grace Gakii, a gender activist in the Wiper Democratic Movement 1,450. who are harbouring political dreams.
hole to ignore women,” says Julia Nairobi. because I did not have the economic Further, the manner in which This will only be successful if the two
Mueni, a woman leader in Machakos Her sentiments are echoed by muscle required,” Zaja says. campaigns were conducted proved to third gender rule is implemented
County. Hamisa Zaja, a politician in Mom- Her sentiments are echoed by be a barrier for women. to the letter and spirit of the new
According to studies done on gen- basa who says: “Although there were Jacky Mwaura, a campaign agent who “Men campaign and lobby at constitution.
 Status of Women Issue Number 37 • June 2013 9

The fine legacy of Kenya’s Women

leaders in Kilifi
first young female MP seek justice
…By Adam Juma

T
…By Evans Kanini In fact, they were referred to as

E
Marxists in parliament particu- he general election might have ended
ven though she has been larly by the once-highly powerful about three months ago, but women
dismissed by some as a Attorney General, Charles Njonjo, candidates in Kilifi County are a
pale shadow of her former out to make Kenya a communist bitter lot. They want the Independent
self, Philomena Chelagat state. Electoral and Boundaries Commission (IEBC)
Mutai, the first Kalenjin woman Mutai was particularly to learn from the problems of the last General
Member of Parliament and a fa- outstanding and was prepared to Elections so that issues that led to their lose are
mous politician from Nandi, does die for a cause, astounding both addressed.
not agree. friends and foe, with her realistic The candidates claim that the polls were
She maintains she is still the and practical approach to issues marred by several irregularities that created a
same person journalists knew affecting her constituents and the loophole for rigging.
when they highlighted, on a country at large.  Led by Esther Kache who vied for the wom-
regular basis, her constructive Mutai had just graduated from en representative seat on a Chama Cha Uzalendo
contributions in parliament, as she Nairobi University with a Bachelor (CCU) ticket, the women lament that most male
fearlessly tore into the govern- of Arts Degree in Political Science candidates committed several election offences
ments of both the late President and Public Administration where but were not penalised despite the issues being
Mzee Jomo Kenyatta and retired she posted a First Class Honours. reported to the election body.
President Moi, over a wide range At was at the university that
of issues. This saw her being her political activism was refined Attribute
detained on several occasions by when she served as editor of the They believe their failure to garner votes for
both regimes. students’ magazine, The Platform. various positions that were contested for can be
In 1976, she was arrested and She was critical of the Kanu lead- attributed to insecurity and lack of commitment
sentenced to six months. She was ership, which saw her in and out of by the IEBC officers.
accused of inciting her constituents university before completing her During the interview, Kache claimed that
to invade a sisal plantation at Ziwa. studies to venture into real politics. there was laxity by the IEBC officials especially
At the time, the media referred during the transportation of ballot boxes and
Reputed lawyer counting.
to her as “Lakwet (girl)” as she Later, she met the late Jean
was the youngest legislator in the “Our male counterparts used financial influ-
Marie Seroney, a reputed lawyer- ence to get the votes which is against the code of
National Assembly, having been cum-politician who was to be her
elected at the age of 24 years as the ethics set by IEBC to candidates,” she noted.
mentor in politics and convinced The women cited an incident in Kilifi North
Eldoret North MP in 1974. This her to vie for the Eldoret North
made her the youngest person ever Constituency where vote-counting was done in
seat after her uncle William Saina two separate areas away from the polling centres.
to be elected into Parliament. In was jailed for incitement.
that particular election she was Her stint in parliament was, Voting 
the only woman among eleven however, short-lived as she was After the end of the voting, ballot boxes were
men who were contesting for the forced to flee to Tanzania after she allegedly first taken to Kilifi IEBC offices and
Eldoret North seat. was threatened with another jail Kenya Forest Service offices in Kilifi before being
Many a times, she was chided term for allegedly making false transported to Pwani University for the final
by the establishment functionar- mileage claims in the National tallying of the constituency.
ies for raising several issues that Assembly in October 1980.  The counting had already started but some
touched on corruption, land- “These were trumped-up politicians convinced the Kilifi North IEBC
grabbing and political assassina- charges crafted by government coordinator to move the counting to Pwani
tions, which often rubbed the then operatives to sound a death knell University,” stated Kache.
governments the wrong way. on my chequered political career,” Some of the ballot boxes that had already
Mutai is best remembered for Mutai says during an interview. Chelegat Mutai taking a walk with her grandchild within her compound. been opened were transported while open as the
her vicious contributions in the She adds: “Someone had real- Picture: Evans Kanini seals had already been broken during the first
National Assembly which often ised that I had not reformed and counting.
drew vitriolic responses from I was to be taken back to prison. Commercial Bank and at the Kanu unrest.  Expressing similar sentiments, Sophie
several quarters. I decided to escape to Tanzania headquarters as Assistant Director She is the mother of one Kadzo Kombe, who lost the Kilifi County
A political scientist, Mutai where I took my Master’s Degree in-charge of publicity. She was daughter Josephine Chemengich women representative seat blamed IEBC for not
still thinks and dreams politics in International Relations and appointed secretary to the Stand- whom she expects will venture living up to its promise of delivering a free and
many years after she left the august Diplomacy at the University of Dar- ing Committee for Human Rights into politics one day. “Like mother fair election.
House in 1981. e-Salam,” she says. until 1999. like daughter,” she believes. “I may have lost but it could have been good
Freedom She came back home in 1984 That was her last appointment if IEBC did not leave such loopholes. This raises
Her disability has not affected and took a low profile. Interest- and as she says, she’s not interested Politically lethal a lot of concerns on the credibility of the elec-
her position on key national issues. ingly, Mutai mended fences with in employment again. Mutai, who is still politically tion,” said Kombe.
She remains a firm believer in Moi and worked with the Kenya Mutai was born at Lessos, lethal as she was 30 years ago, Setbacks
freedom of expression and strong Terige Village in Nandi North in admits that she is still a diehard of They further expressed concerns that in fu-
democratic institutions. 1949. She attended Terige Primary socialist ideals. ture it will be very hard for women to get elective
It should also be noted that School 1956-1959 and joined the Just like the past Kanu regime, posts if IEBC does not level the playing ground.
Mutai was viewed as a “traitor” by Chepterit Intermediate School from she charges that from the time she However, the North Coast region IEBC
powerful individuals whom she standard Five to Eight between quit politics, the government has coordinator Anastasia Mutua denied the claims
often differed with as she was not 1960 and 1963. been led by “fascists who believe saying most of the irregularities occurred be-
afraid of naming and shaming. She passed and was admitted to they know what we want and that cause of security reasons.
Soon after joining parlia- St Joseph’s Chepterit Girls’ School. what they are doing is right to the “The attack at Chumani, which was our
ment, she got steeped in what was She passed her ‘O’ and joined end, which as misplaced”. main tallying centre for Kilifi North Constituen-
largely seen as radicalism in some Highlands Girls’ (now Moi Girl’s) In 2006, Mutai suffered a road cy was horrific and everybody was in fear. That is
quarters and established rapport School Eldoret for her ‘A’ levels in accident that damaged her spinal why the boxes were transported to Kilifi imme-
with the trouble-shooting band fa- 1968-1969 upon which she was cord. She did not have enough diately the voting ended,” explained Mutua.
mously branded the seven bearded admitted to the Nairobi University funds to seek proper treatment However, the candidates pointed that the
sisters comprising Koigi Wam- in 1970. and suffered in silence until she attack was just a plan by political “moguls” to
were, Abuya Abuya who replaced Mutai was expelled from High- was rescued by then Prime Minis- frustrate the voting process in that area.
George Anyona, Lawrence Sifuna, lands for leading a strike against the ter Raila Odinga on June 22, 2011 Sources at the Kilifi police headquarters re-
Mwashengu wa Mwachofi, late “These were trumped school authorities and was ordered when he went to where she was vealed that the IEBC had refused to heed advice
Martin Shikuku, Lawrence Sifuna up charges crafted by to write her “A” level examinations staying in Kasarani with a friend about the security challenge of the area.
and James Orengo. from outside. Surprisingly, Mutai and took her to hospital. The source who spoke on condition of
That was the group of radical government operatives shocked the school authorities by Raila was accompanied by anonymity said the police had advised IEBC to
and uncompromising politicians to sound a death knell passing with flying colours. James Orengo, Mutai’s contempo- shift the tallying centre to another place but they
She graduated in 1974 at the rary and Fred Gumo and they had
who fearlessly exposed the ills of
the state as it struggled to hammer
on my chequered University of Nairobi with First her admitted at the Spinal Injury
declined to take the advice.

out strategies on how to contain political career.” Class Honours despite having been Hospital to enable her get skilled
them.  Chelegat Mutai expelled for a year over students’ health care.
10 Issue Number 37 • June 2013 Status of Women

Senate nominee puts

women empowerment at
the heart of her agenda
…By Abisai Amugune Mukite was Ford-Kenya’s Vice President the late

O
nominee for the Senate alongside the Michael Wamalwa Kijana
n March 21, Catherine Chairman of Luhya Council of Elders for the Saboti Parliamentary
Nabwala Mukite was Patrick Wangamati who was preferred seat.
preparing to go to the farm to the National Assembly. She is Since the demise of her
when her cell phone sud- among the 16 women nominated to brother, the Mukite family
denly rang. the Senate. kept off politics, leaving the
At first Mukite, a resident of Her elevation to the Upper House Wamalwa family to domi-
Trans-Nzoia County, ignored the brings to three the number of women nate the local political scene.
call thinking it was one of the callers legislators from Trans-Nzoia County. This was evidenced with the
who had continued to bother her in Others are Dr Zipporah Kittony (Sen- succession of Kijana by his
the run-up to the March 4, General ate) and Janet Nangabo (Parliament). younger brother immedi-
Elections. Contributions ate former Justice Minister
Mukite, a widow and a mother Also in the Senate from Trans- Eugene Wamalwa.
of five, was not concerned very much Nzoia County is the former Director According Mukite, at 69
with phone calls as she was pre-occu- of Immigration Henry ole Ndiema she does not foresee a pro-
pied with the planting season. who was elected on the Ford–Kenya longed political career except
However, something just made ticket. if some of her five siblings
her pick this call and the retired But did Mukite receive the nomi- will decide to join politics.
banker and hotelier in Kitale town was nation on a silver platter? Did she de- However, she suspects that
County saying that her pension and “Trans-Nzoia women
a more elated person after listening to serve the seat amongst the hundreds her nomination could be a continu-
earnings from farming are enough to
the speaker on the other end. ation of the career set by her nephew
She had been nominated as a
of Ford-Kenya women supporters?
the late Elijah Mwangale.
cater for her needs. are disadvantaged
Mukite says she has been an active She says party politics will not bar
member of the Senate by Ford-Kenya Ford-Kenya member since the 2007 Funds her from co-operating with Kittony because they only
party. polls when she went out of her way to The Senator says in collabora- (KANU) and Nangabo (New Ford-
Disbelief campaign for the party. tion with the other elected leaders Kenya) in highlighting issues affecting
depend on maize
Initially she thought this was a During the just-concluded March in Trans-Nzoia County she is going Trans-Nzoia residents. production for
hoax from one of the political brokers 4 polls, she contributed her vehicles to fight for the release of funds to “Political party rivalries ceased
who had invaded the local platform for party campaigns besides financing empower the local women. being relevant after the March 4 elec- survival. What they
since the electioneering time. the campaigns. “Trans-Nzoia women are disad- tions and we intend to deliver services
Mukite’s happiness was, however, She attributes her nomination vantaged because they only depend on to the voters,” she says. lack is economic
restored when she confirmed from to the Senate to her support for the
party alongside the victories of Dr
maize production for survival. What
they lack is economic empowerment
Mukite lost her husband in 1996 empowerment
a top official of Ford-Kenya official but soldiered on single-handedly after
that she had actually been considered Chrisantus Wamalwa (Kiminini) and to diversify their activities,” she says. opting for early retirement in 2004 to diversify their
for the nomination slot in the Senate Ferdinard Wanyonyi (Kwanza) to the Mukite is particularly concerned at Barclays Bank where she rose to
under the CORD banner. National Assembly and five wards. with the dropout rate of the girl-child the position of Branch Manager in activities.”
“Yes, I had applied for the posi- “This was not a mean achieve- in the County that faces many chal- Westland. Catherine Nabwala Mukite
tion as a member of the Ford-Kenya ment in Trans-Nzoia County that is lenges such as lack of fees, ignorance, Mukite went to Misikhu Primary
party but I did not know that I would considered to be the zone of the rival early pregnancies and the long School, Limuru Girls’ High School
be nominated in the Senate. Many New Ford-Kenya party. As things distance covered in accessing learning for secondary before joining London
thought that I was not a fully paid stand now, Ford-Kenya has overtaken institutions. Certificate College of Accounts for a
up member of Ford-Kenya but now New Ford-Kenya,” she notes. “This situation has contributed to degree course.
it has dawned on them that this had Mukite’s entry into the Trans- poor development of the County,” she With her banking and risk man-
only been a rumour. I am a bonafide Nzoia political board revives the observes. agement experience, she says she has
member of the party,” she says from memories of the 1990s when her Mukite says she has dedicated her what it takes to participate in hotly- ence in financial management, Trans-
her exclusive Wine Lounge Hotel in young brother the late Peter Mukite Senate salary to improving the status contested debates in the Senate. Nzoia County is expected to benefit
Kitale. took on the mantle to oppose former of the woman and girl-child in the “With the 26 years of experi- greatly from this,” she says.

Kenyan women should emulate Thatcher in their leadership

…By Jane Godia Today Kenya has a total 67 the strong women of Kenya and Ka- were running for political positions Kenyan women legislators must

W
women in Parliament. There is no rua was actually nicknamed the ‘Iron that needed running mates did not not to serve power but hasten to pro-
hen Margaret Thatch- woman Governor but there are nine Lady’. The only sad thing is that none consider picking women as running mote gender issues and participate
er took over as Prime Deputy Governors and 16 women was replaced by another woman. mates. beyond numbers.
Minister of Britain who were nominated to the Senate According to Dr Miria Matembe, They must participate to influ-
in 1979, the country and joined by one living with dis- a former Member of Parliament in Mobilization ence policies and programmes and
had huge problems: industrial strikes ability and a youth. There are 47 Uganda, the biggest loss for Kenyans “It is a shame that only 16 make the laws gender sensitive.
were the order of the day and a coun- women who were elected as Women is that the women who had already women were elected to Parliament. Even though the quota system is
try in peril. However, she managed to Representatives from the counties. gained political experience lost. Those who are there must show they important, at times it is used to cap-
transform this sector and Britain has When the elections bell rang, six “Even though the strong women are capable and then they will have ture and patronise women and then
a whole into an enviable country. women were nominated to vie for lost, the new crop must be strong an impact in Parliament,” she notes. they are unable to influence or op-
Thatcher ruled Britain for the Governor Position, 18 for Senator enough to take over from where they They must learn the art mobilis- pose Government agenda, especially
longest time, 1979 to 1990 being the and 197 for Parliamentary. However, left,” notes Matembe. ing support in parliament and prove when it is not gender sensitive.
first woman Prime Minister, and hundreds more were nominated to All these women who were they are capable. The women who are in Kenya’s
serving for the longest period than vie for the County ward representa- elected must prove that they are the The constitution of Uganda is a national and county assemblies as
anyone else in the past 150 years. tive positions. Out of the 1450 wards Thatchers of Kenya. They must not good example to quote because it has well as senate, whether elected or
Iron Lady only 85 women were elected. hide behind numbers and fail to empowered women to participate in nominated must prove beyond any
While we celebrate the women deliver. They have the task of proving the political process and that is why reasonable doubt that women can
As Thatcher was laid to rest
who were elected, Kenya mourns the to Kenyans who look down upon elected women number 35 per cent. be outstanding political leaders.
on April 17, many recalled that
loss of a strong crop of women who women’s leadership that they are Below the government in Ugan- They must be able to speak up, and
her toughness had made Soviet
lost in the elections. These are Mar- equal to the task. da, there are districts. Every District negotiate within and without the
Union nickname her the Iron Lady.
tha Karua, Prof Margaret Kamar, “There has been no political must elect a woman to Parliament. national assemblies, senate or county
She was a no nonsense leader and
Charity Ngilu, Margaret Wanjiru, goodwill to support women at the It is through the district constituen- assemblies. They must show that they
even though she made friends and
Peris Simam, Beatrice Kones, Sally level of governance in Kenya,” notes cies that women MPs’ number has are the Iron Ladies who can influence
enemies alike, she made a mark as a
Kosgei, and Jebii Kilimo. These were Matembe, adding that those who increased. change and make a notable difference.
woman leader.
 Status of Women Issue Number 37 • June 2013 11

Soipan Tuya election changes perception Women to

of women leadership among the Maasai watch in
national, senate
…By Kabia Matega and county

Y
outhful Soipan Tuya,
daughter of former
assemblies
Narok South legislator …By Odhiambo Orlale

T
Samson ole Tuya was
the last person to declare her he political terrain proved
candidature in the race for the tough for women vying
Narok County Women’s Repre- for political positions in
sentative seat three months to the just concluded general
the General Elections. elections. However, there were those
At first, people thought she who held on through the bumpy
was a compromise candidate road and won elective seats.
sponsored by individuals who The 16, who were elected to the
were out to complicate the National Assembly (Parliament)
race that was dominated by and their colleagues who were
women political giants from the nominated to the Senate, lobbied
County. their party officials and colleagues
She was not known in the effectively and ensured that two
political arena although it was of them were elected to senior and
easy to relate and introduce her influential positions within the cor-
through her father’s name. ridors of power.
Her political prospects In addition to the 16, there are 47
began to rise during the funeral women county representatives who
of the late Patricia Parcitau were elected to sit in the National
where she was introduced as Assembly as provided for in the
a friend to the deceased from Constitution of Kenya 2010.
their days in secondary school The most senior post held by
and university. the women in the male domi-
Soon after the introduction, nated National Assembly is that of
mourners began endorsing the Deputy Speaker held by Dr Joyce
youthful lawyers as the best Laboso, who is also the Sotik MP.
person to replace Parcitau. She is the first woman to occupy the
Days before Parcitau’s Soipan Tuya during her campaigns that led her to capture the seat of women representative, in an election that is changing the powerful and coveted office since
death, she was perceived as perception of Maasai community. Picture: Kabia Matega independence.
the top contender for the seat
despite the politics behind her
House business
marital status that she was campaigns targeting the community, mittee, Agnes Pareiyo a long serving development. Laboso is serving her second
married to a man from outside the only a handful of women contested civic leader with the defunct Narok She undertook undergraduate parliamentary term having been
County. However, Parcitau managed for elective seats. County Council and United Nations studies in law at the University of re-elected on a URP ticket. In the
to solve the issue and ended up lead- Most female aspirants crowded (UN) woman of the year 2004 cour- Nairobi and later on pursued a Mas- Tenth Parliament, she was one of
ing in the contest. themselves in the Women Repre- tesy of her contribution in the fight ters of Laws degree at the University the temporary deputy speakers who
sentative seat and left the men to against Female Genital Mutilation of Washington in the United States. would handle house business when
Boost the speaker is not there.
“I promised to follow in the foot- compete for other elective positions (FGM) and early marriage for girls Human rights
and at the end of the elections only in the Maasai community. Others The second most powerful
steps of Parcitau to endear myself to She has worked in the human woman in the august House is Dr
the electorate and keep her fire burn- one was declared winner. were Eunice Marima, wife to former rights, gender and access to justice
The Narok County Women’s Narok North MP Moses ole Marima Naomi Shabaan, elected deputy
ing,” Tuya told the mammoth crowd field with the Ministry of Justice, majority leader in the National
in response to their endorsement. Representative seat attracted Agnes and Josephine Kimeto, a business Kituo cha Sheria, Mainyoito Pastoral-
Shonko, a career secondary teacher, woman.  Assembly. She is a former Minister
She further received support ist Integrated Development Organi- for Gender, Children’s Affairs and
from Deputy President and United Janet Nchoko, also a teacher, Lydia Tuya is an advocate of the High zation (MPIDO) and the government
Ntimama, a seasonal politician who Court of Kenya with a keen interest Social Development.
Republican Party (URP) leader Wil- task force on community land and A dentist by profession, Shabaan
liam Ruto who offered to sponsor rose to become the chairperson of in public litigation gender integra- USAID.
Narok County Council Audit Com- tion as a critical tool for sustainable is serving her third term as Taveta
her through his party’s ticket. Ruto She is a member of the Law Society MP.
had personally attended the funeral of Kenya, the UN Permanent Forum The Senate has 16 women
to campaign for the youthful lawyer on Indigenous Peoples and the Global among the 67 members. The 16
who at the end of the vote count “I promised to Indigenous Women Caucus. women leaders are among the 20
emerged victor with an indisput- During her campaigns, she nominated members by the Jubilee,
able margin. Deeply rooted cultural follow in the asked the locals to rally behind her Cord and Amani coalitions. There
beliefs among the “Maa” community bid saying that she will ensure their was no woman elected to the Senate.
worked against other women aspi- footsteps of voices are heard in the Govern- Secretary General of APK, an affili-
rants who opted out of the political Parcitau to endear ment. ate of the Jubilee Coalition, Beatrice
race. Tuya noted that women are Elachi is the chief whip.
Women are still perceived as myself to the important in the society and that they Meanwhile, nine women profes-
second class citizens in Maasail- should be given equal share of leader- sionals are deputy Governors having
and and only a few have the guts to electorate and keep ship positions. been appointed running mates. All
openly challenge men in any contest The new Women Representa-
lest they are viewed as outcasts in the
her fire burning.” tive pledged to initiate development
the 47 governors are men. Although
they will not sit in the national as-
society.  Soipan Tuya projects and further involve women semblies, they will guide business at
Despite the endless sensitization in project development. the county assembly level.
They are Adelina Mwau (Mak-
ueni); Susan Chepkoech Kikwai

Male politicians perfect the art of insults against female leaders

(Kericho); Ruth Odhiambo Odinga
(Kisumu); Hazel Ezabel Nyamoki
Ogunde (Mombasa) and Fatuma
…By Joseph Mukubwa that the trend is pathetic as women cases of direct physical attack She stressed the need to educat- Mohamed Achami (Kwale). The

W
too have a right to be elected by the against women candidates, there ing the girl child adding that this others are Mary Ndiga Kibuka (Taita
omen political voters. were many challenges faced by should be the responsibility of every Taveta); Dorothy Nditi Muchungu
aspirants in the just Speaking during the Nyeri those who contested for the seats,” woman. (Embu, Evelyn Chepkurui (Narok)
concluded General Town Constituency cluster forum noted Nasirumbi. During the just concluded and Penina Malonza (Kitui).
Elections and those held at the Nyeri town CDF hall, She revealed that some organ- General Elections, no woman was Equally powerful and influ-
now operating in the counties are the association facilitator Mallo isations have pledged to support elected either as County Represen- ential women are the three who
share one thing in common: intimi- Nasirumbi said there were many women in their quest for political tative, Governor or Senator. were elected as County Assembly
dation, propaganda, and insults by challenges including cultural beliefs leadership. The forum that addressed vio- Speakers in the 47 Counties. They
their male opponents. that discouraged women from vy- “We are in the process of creating lence against women in the electoral are Ann Adul (Kisumu), Susan Wa-
Kenya Women Parliamentary ing for the political seats. awareness among women politicians process was attended by 100 women karura Kihika (Nakuru) and Anne
Association (KEWOPA) laments “Although there were a few to help build their capacity,” she said. and opinion leaders. Wangechi Githinji (Kirinyaga).
12 Issue Number 37 • June 2013 Status of Women

Pre-election
agreement denies Why Nyanza women performed
Kisii County
assembly woman
badly in March elections
…By Valentine Atieno

speaker
T
he political wave that
swept Nyanza region
…By Ben Oroko pushed women politi-

C
cians to the periph-
atherine Manzi Kasyoka, the only ery, despite the constitution
female Ward Representative in the requirement of one third women
Kisii County Assembly, lost her bid representation for various elec-
for the County Assembly Deputy tive seats.
Speaker’s position following a pre-election Were it not for the constitu-
agreement that shared out the County seats tional provision on the nomi-
among the six clans which constitute Kisii nated seats, there would only be
County. a handful of women in parlia-
Kasyoka, who won the Machoge-Bassi ment and none in the senate. But
Ward Representative’s seat on a Kenya Social thanks to the provision, Nyanza
Congress (KSC) ticket, lost to Evans Om- region now has gender represen-
wansu of The National Alliance (TNA), who tation in both Parliament and the
is the Bogetenga Ward Representative. Senate.
She managed to garner 11 votes while Women aspirants who fell
Omwansu bagged 25 votes in an exercise by the wayside have revealed why
presided over by the County Speaker, Samuel they did not succeed in their vari-
Ondieki at the Assembly Hall. ous bids.
In an exclusive interview with the Ke- Speaking to Kenyan Grace Akumu (left) speaking to Grace Mbugua, Executive Director, Women's Empowerment Link (WEL) as another
nyan Woman, Kasyoka revealed that her bid Woman, Nyanza female candi- woman leader looks on. Picture: Henry Owino
for the seat was hampered by a pre-election dates who contested for different
agreement to share equally the County’s top positions in the just concluded
positions among the six clans. General Election blamed party dates to marshal any meaningful concluded General Election, very articulating her policies and selling
Her bid was further complicated by the politics for their dismal perfor- campaign. few sailed through as candidates and her agenda to the people.
fact that she was the only female candidate in mance. “The male candidates use a lot it is not because women did not vote “There is a certain clique who
an assembly dominated by male members. Nyanza was a Coalition for of money to buy voters and this for fellow women but that the party could sit somewhere and tell the
“I was psychologically prepared for the Reform and Development (CORD) was a major challenge to us because failed them,” observed Akumu. She voters lies about me in a bid to fight
outcome since there was intense lobbying stronghold and therefore, major- we were out to sell our policies noted: “They did not practice what me politically. I had to clear all this to
among members of South Mugirango clan ity of the strong candidates were to voters not to buy them,” said was in their manifestos, it was all restore the voters’ trust which took a
who wanted to be supported for the Deputy contesting on Orange Democratic Akumu. She added: “The issue of about the highest bidder and not the lot of my time,” noted Buyu.
Speaker’s position, claiming other clans had Movement, Wiper or Ford Kenya intimidation was at the peak in the person who was loyal and commit- Another challenge was that the
benefited from other top County positions,” tickets. campaign trail and this led to fear ted to the party.” party top officials were not there to
she notes. Support of being sidelined by the electoral Odinga says; “I was definitely de- campaign for the female candidates
Kasyoka hails from Bomachoge clan process.” nied the chance of becoming a Gov- as they did for the men.
According to Grace Akumu
which according to the ODM’s pre-election According to Ruth Odinga, ernor because of my relation with the “In as much as I was given the
who was aspiring for the Nyakach
power sharing formula had been assigned the who is the Deputy Governor party leader, not that I cannot deliver nomination certificate, I struggled
parliamentary seat on an ODM
position of the Deputy Governor which went Kisumu County, members of the but because of the male dominance alone to clinch the seat not even one
ticket, the party did not support
to Dr Joash Maangi. public should change the way and a lot of political propaganda.” official from the party gave me sup-
women candidates.
The ODM leadership in the County they view women candidates and Stereotype port by coming to campaign for me
Akumu claims to have submit-
had prior to the March 4, General Election acknowledge the leadership of a Nyanza has blocked out women leave alone providing any financial
ted her complaints three times to
drafted an informal power sharing pact of woman more so in Nyanza. leadership and those who got nomi- support,’ said Buyu adding “this was
ODM’s dispute resolution mecha-
the top six seats among the County’s six “There were times you would go nated even within the smaller po- a clear indication that they were not
nism at the national level but no of-
clans. According to the pact, the Bobasi clan to a campaign rally and the voters litical parties hardly stood a chance
ficial communication has been made ready for women leaders”.
was rallied behind Chris Obure who won the would demand to see your husband against the stereotyping.
to her to date. The Kenyan Human Rights
senator’s seat while Kitutu clan benefitted but that same question was not “The experiences I had in the
“I am a party official on the Commission also documented the
from the Governor’s position that went to posed to the male candidates who campaign trail with the older folks
ground and I worked very hard to intimidation of female candidates in
James Ongwae. Nyaribari clan was allocated may even be single. Voters should was traumatizing. They have had
grab the seat but to no avail. I spent the run-up to the election.
the County Assembly Speaker’s seat which focus on individuals and their poli- men as leaders in their whole lives
a lot of resources in the constituency “There was the aspect of women
was won by Kisii lawyer Samuel Ondieki. cies,” reiterated Odinga. and when a woman presents herself,
but all this has gone to waste. Had candidates being threatened to be
Bonchari clan on the other hand won the the elections been fair and free as Options she has to contend with lot of propa- stoned, hired youths shouting at the
position of Kisii County Women Representa- they call it, I would be the Member The party could have nominated ganda that at times becomes difficult woman candidate, manhandling
tive through Mary Otara. of Parliament given that this was women for the positions of Member to deal with,” said Rosa Buyu who them and even went to an extent of
In the power sharing pact, South Mugi- my second attempt for the position of Parliament, Senator or Governor lost the Kisumu West Constituency threatening the voters, telling them
rango clan was earmarked the County Chief and the party cannot even nominate from Nyanza to add to the number of parliamentary seat. that there are some women who will
Executive Officer’s position. The clan has in me,” said Akumu. the women representatives. Buyu noted that she had to go face their husbands wrath because
addition won the County Assembly deputy Another challenge pointed to “Although women translated around the whole constituency try- of their choice at the ballot,” said
Speaker’s position. lack of resources by female candi- to a majority of voters in the just ing to defuse propaganda instead of Julie Kingsland of the commission.

Women politicians call for fair treatment to all contestants

…By Adam Juma being reported to IEBC. the final tallying. loopholes. This raises a lot of concern voting did not take place in the area.

W
 In an exclusive interview with “The counting had already started on the credibility of the election,” said “This was a plan by a few politicians
omen candidates who Kenya Woman, Kache noted that but some politicians convinced the Sophie. to instill fear among the voters which
lost in Kilifi County there was laxity on the part of IEBC Kilifi North IEBC coordinator to They further said that more women IEBC and the police must ensure does
have called on the especially during the transportation of move the counting to Pwani Univer- lost during the polls due to the uneven not happen again,” said Naomi Cidi.
Independent Electoral ballot boxes and counting. sity,” added Kache. playing field. Sources at the Kilifi police head-
Boundary Commission (IEBC) to en- “Our male counterparts bribed She said that some of the ballot North Coast region IEBC coor- quarters revealed that the IEBC had re-
sure they receive a fair hearing as they voters openly to influence the electorate boxes had already been opened when dinator Anastasia Mutua said most of fused to heed advice about the security
challenge the outcome of the elections. which is against the code of ethics set by they were moved to Pwani University, the irregularities occurred because of challenge of the area.
  The women claimed that the last IEBC to candidates,” she revealed. thus creating room for rigging. security reasons. The source who spoke on condi-
General Election was marred by several They cited an incident in Kilifi “The attack at Chumani which was tion of anonymity said the police had
irregularities that created room for North constituency where voter count- Delivery our main tallying centre for Kilifi North advised IEBC to shift the tallying
rigging. ing was done in two separate areas away Sophie Kadzo Kombe who also lost constituency was horrific and everybody centre to another place but declined to
  Led by Kilifi County Women Rep- from the polling centers. the Kilifi County Women Representa- became afraid and that is why the boxes take the advice.
resentative candidate on a Chama Cha After the end of the voting, ballot tive seat blamed IEBC for not living up were transported to Kilifi immediately Most of the women attributed
Uzalendo (CCU) ticket Esther Kache, boxes were first taken to Kilifi IEBC to its promise of delivering a free and after the voting,” said Mutua. their failure to garner votes to the
they claimed that most male candidates offices and Kenya Forest Service fair election. However, the candidates pointed rising cases of insecurity and lack of
committed several election offences but (KWS) offices in Kilifi before being “I may have lost but it could have that the attack was just a plan by politi- commitment by the IEBC officers. 
were not penalized despite the matters transported to Pwani University for been good if IEBC did not leave such cal hirelings who wanted to make sure
 Status of Women Issue Number 37 • June 2013 13

Mary Emasse sets her agenda for Teso South

…By Gilbert Ochieng tion in 1982 and managed to score “I also underwent a refresher Secondary School and Chakol Mixed

M
26 points out of 36. course on Operational Project Plan- Secondary School.
ary Emasse Otucho ning in Dar-es- Salaam sponsored Her hobbies include football,
(Pictured), former senior Education by Setty M. International INC,” she hockey, politics, reading and trave-
accountant at the Judi- The MP did her ‘O’ levels explains. ling.
ciary has every reason to at Chakol Girls’ High School. The legislator also served as a The MP says now that she has
smile after she was elected as the first Between 1989 and 1992 and then director at the former Sheria Sacco officially been sworn-in as Teso
female Member of Parliament in Teso joined Kenyatta University where for a period of three years, One Touch South legislator, her first task would
since independence. she graduated with a Bachelor of Designers, Pluto Ways Dry Cleaners be to push for the tarmacking of
The MP who contested for the seat Commerce (Accounting Option). Limited, Newcastle Restaurant and Busia–Malaba road which she notes
under the United Republican Party Upon graduation, Emasse Sapphire Director GNLD Interna- has been in a pathetic state ever since
ticket (URP) ticket beat all odds to worked briefly with Joginder tional. despite records at the headquarters
clinch the Teso South Parliamentary Motors before she joined the showing that the said road is already
seat. Judiciary as an accountant. Education tarmacked.
She garnered 13,623 votes against Prior to resigning from She also had the opportunity to She also expects to push to en-
her closest rival 11,923 votes in the Machakos Law Courts to contest serve as a Treasurer at Mahakama sure that the area has adequate health
race that attracted four male contend- for the political seat, Emasse had Football Club and a patron of facilities. “I plan to support projects
ers. worked in Nairobi, Mombasa and AMOO Youth Group, an umbrella in the education sector to ensure that
The journey to Parliament has Bungoma among other stations. organisation comprising five youth pupils access quality basic education,”
been long for Emasse who attended She undertook courses on groups in Teso South besides being she notes.
Aterait Primary School in 1976 before succession planning, leadership Management, strategic planning, a member of the District Education Emasse intends to work closely
she moved to Morukamosing Primary and management, prudent financial GTI Computer Based Appropriation Board in Teso. with women in the district and
School in class three (1978) where management, programme based Accounts, HIV/Aids Control and Pre- Emasse also served as a member ensure that they are empowered
she finally sat for her Certificate of budgeting, leadership and train- vention and a course on Women in of the Board of Governors at St Peters economically through access to loan
Primary Education (CPE) examina- ing, Anti-Corruption and Change Management among others. Aterait Secondary school, Asing’e facilities.

Mary Kibuka: Development expert to help manage Taita

Taveta County as Deputy Governor
…By Benson Mwanga during the campaigns to

W
ensure that we reached out to Water Aid, United Kingdom.
hile the women who every voter and that is why we In Tanzania, she worked as a
attempted to vie for the delivered more votes to the research fellow with Interna-
position of governor Cord Presidential candi- tional Development Research
in the 47 counties date Raila Odinga,” Kibuka centre in Ottawa Canada and
failed to make it, some of those who explains. as a secondary school teacher
were running mates were successful in Molepolole and Gaborone
because the frontrunner won. Out of Resources respectively in Botswana
the 47 counties, nine have women as She notes that women poli- South Africa.
deputy governors and one of these is ticians performed poorly in the In Kenya she worked both
Taita Taveta. General Election due to lack of as a regional and programme
One of these women is Mary resources, funding by political manager for the Kenya Water
Ndigha Mwanyumba Kibuka, who parties and community sup- for Health Organisation
is serving as the Deputy Governor in port. She says cultural bias also (KWAHO). She was also a
Taita Taveta County. worked against them and there lecturer at the Karen College
Despite coming from a political was a lot of intimidation by male of the Ministry of Health.
family, Kibuka has always kept away politicians. The women, Kibuka Prior to her current ap-
from the political limelight. says, also had poor campaign pointment, she worked as a
She has always maintained a strategies that contributed to consultant in rural develop-
private life and intimates that at first their dismal performance. ment infrastructure, commu-
she was reluctant to join active politics “Some women were not nity development, gender and
until she was convinced by the John prepared and lacked resources development and development
Mtuta Mrutu to be his running mate. and strategies despite being education related fields.
qualified for the various politi- Kibuka is well versed
Development cal seats,” notes Kibuka. with rural project planning
Initially Kibuka wanted to contest Noting that education stan- especially with participatory
for the position of women repre- dards in the region have gone rural appraisal methodology,
sentative. However, Mrutu who was down, she says they will strive monitoring and evaluation of
inspired by her passion in develop- to improve both boys and girls projects and primary health
ment convinced her to become his education. Taita-Taveta County Deputy Governor Mary Ndigha Kibuka being sworn in by Wundanyi Acting care issues.
running mate. "We will improve both boys Principal Magistrate K I Orenge as the County Executive committee for Lands. She attended Sungululu
“I was first approached by Ambas- and girls education and we have Picture: Benson Mwanga Primary School in Wundanyi
sador Mwanyengela Ngali and Wis- to start at the early childhood division from 1960 to 1966.
education stage. We also intend to national development organisations and entering politics was just a fluke. She then proceeded to Murray
dom Mwamburi who were competing
develop a reading culture to the local including the United Nations. In pursuit of her varied professional Girls’ High School Wusi in Mwatate
with Mrutu for the gubernatorial seat
community,” she explains. Half of this period she spent expertise, Kibuka is widely travelled District from 1967 to 1970.
but I declined,” discloses Kibuka who
Noting that Taita Taveta County specifically in the sectors education, with a vast international exposure She attended Kenya High School
is 61-years-old.
is endowed with enormous natu- water and sanitation as well as gender from many countries. Nairobi from 1971 to 1972 for ‘A’
She refused offers from three aspi-
ral and human resources, Kibuka and community development both as Internationally she has worked in levels and later joined Kenyatta
rants and joined Orange Democratic
reiterates that it has the region has a senior manager and a consultant. Liberia, West Africa with the United College then a constituent college of
Movement (ODM) and finally became
the capacity to generate more revenue Kibuka’s passion is development Nations Development Programme the University of Nairobi where she
Mrutu’s running mate.
for economic growth and poverty (UNDP) as a Country (Provincial) graduated with a Bachelor of Educa-
She became interested in Mrutu’s
alleviation. coordinator of the Community Based tion and Home Economics.
candidature because many people
widely talked well of him. “The new Kibuka is the first born child of “Some women were not Recovery Programme (CBRD). After working for some time, she
Governor is a clean and respected the late Dawson Mwanyumba who prepared and lacked Profession went to the University of Manchester’s
was a Member of Parliament of Taita She has also worked with the Institute of Science and Technology
man. Nobody has ever broken his
academic record at Kenyatta National Taveta and Cabinet Minister shortly
resources and strategies United Nations Drug Control Pro- (UMIST) and Institute of Develop-
School in Mwatate,” notes Kibuka. after independence. despite being qualified gramme in Lao PDR South East Asia ment Policy Management (IDPM)
She says they were able to delivers Before joining politics, Kibuka for the various political as a Coordinator and Community 1990 to 1991 and attained a Master
as a team within the CORD alliance had a work experience spanning Development and Gender Specialist. of Science Degree in Management
because of good campaign strategies. 35 years in public service and civil seats.” She also served as a Resident and Implementation of Development
"We split ourselves into groups society. She also worked with inter-  Mary Ndigha Mwanyumba Kibuka Advisor in Tabora, Tanzania with the Projects (MIDP).
14 Issue Number 37 • June 2013 Status of Women

Kenya doing badly compared to rest of Africa

…By Faith Muiruri

K
enya continues to rank
poorly in the level of women
representation in elective
seats with the just concluded
General Elections serving to affirm
gender inequalities in the country.
An analysis of numbers from
Independent Electoral and Bounda-
ries Commission (IEBC) in the just
concluded elections reveals that out of
the total of 197 women who vied for a
National Assembly seat only 16 made
it to parliament. This figure compares
very poorly to 1,908 men who vied for
the same position and 274 made it to
the House.
However, it is imperative to note
that, affirmation of gender inequalities
in politics begun long before March
4 since only a paltry 197 women vied
against 1,908.
Comparing the total percentage of
women who made it to the National
Assembly to that of men, one notices a
glaring discrepancy.
The 16 women who were elected
represent a paltry 12 per cent of the
total women who vied for a parliamen-
tary seats and accounts for a mere five
per cent of members of the National
Assembly.
At the county representative level,
623 women vied and only 85 were Women members of the National Assembly and Senate joined women from civil society organisations in a two day consultative forum to look at the agenda of advancing
approved by voters. The same position women’s rights. Despite gender conscious legislation, Kenya lags behind her neighbours in terms of gender equality at decision making levels.
attracted 9,287 male contestants, where Picture: Kenyan Woman Correspondent
1,365 were elected, leaving women to
account for less than six per cent of the
county ward representative seats. have achieved significant increases in Chamber of Deputies are elected as Disabled (Constitution Article 76). to national assembly and local govern-
women’s political participation have follows: 53 members elected by direct In Tanzania, women account for ment should be women. In addition,
Women leadership embraced the use of quotas. World- universal suffrage through a secret 36 per cent of representation in Parlia- the quota system was accompanied by
Unfortunately no woman made it wide, about 30 of the world’s more ballot but using a closed list of Propor- ment. Ghai explains that Tanzania has a commitment to balance the distri-
for the senate seat or governor posi- than 190 countries apply some form of tional Representation, 24 women two adopted a system where every political bution of men and women through
tion. Only one woman contested the quotas for women in politics. from each province and from the City party which contests for Parliamenta- the list. Currently Frelimo holds 191
Presidential race against seven men There are three main quota of Kigali by an electoral college with ry elections must propose and submit seats out of 250 seats in the national
and performed dismally. These results systems in Africa namely the consti- a women only ballot; two members to the Electoral Commission names of assembly.
sent a clear message that Kenyans are tutional, electoral law and the politi- elected by the National Youth Council eligible women candidates for nomi- “They have proportional rep-
not yet ready for women’s leadership. cal party. Some countries, including and one member elected by the nation as Members of Parliament for resentation system which makes it
According to Jennifer Masis who Kenya, Burkina Faso and Uganda have Federation of the Association of the special seats as stipulated in the Elec- much easier for women to be placed
lost the Endebess National Assembly constitutional provisions reserving tions Regulations 2010, Article 67 (1). in the list as it has been done in Kenya
seat “the campaign tactics used by seats in national assembly for women. through the Party lists under Article
male aspirants encouraged voters to Election law quotas are written As at January 2012, there were 350 90 of the Constitution,” Ghai explains.
isolate women candidates, and there- into national legislation, as is the case members in the National Assembly of In Burundi where the level of
fore, majority were relegated to the in Sudan while in the case of political whom 126 are women. Seven addi- women representation stands at 30.5
women representative seat”. party quotas, parties adopt internal tional members can be appointed by per cent, the gender rule is entrenched
This is despite the fact that gender rules to include a certain percent- the President. Of the 126 women, 21 in Article 164 of the 2004 Constitu-
conscious interventions have now been age of women as candidates running are directly elected from constituen- tion which assigns a 30 per cent quota
entrenched in the Constitution. Article for office. This is the case with the cies, 102 elected under special seats for women in Parliament.
27(3) of the Constitution provides that governing parties in South Africa and for women, two (of a total of five) from Article 38 (3) of the electoral code
both women and men have the right to Mozambique. Zanzibar and one is appointed as At- stipulates that lists must take account
equal treatment, including the right to “Gender quotas are now increas- torney General. of the gender balance, and Article 147
equal opportunities in political, eco- ingly viewed as an important policy In Uganda the level of women demands that “one in four candidates
nomic, cultural and social spheres. measure for boosting women’s access representation stands at 35 per cent. must be a woman”.
Article 27 (6) directs that the state to decision-making bodies throughout Ghai points out that the Parliament “If the quota regulations are not
shall take legislative and other meas- the world,” explains Ouma. of Uganda is comprised as follows: met, a process of co-optation will
ures including affirmative action pro- 238 Constituency Representatives; follow, where the electoral administra-
grammes and policies to redress any Quotas 112 District Women Representatives, tion adds more members to Parlia-
disadvantage suffered by individuals or A report on the Implementation previously indirectly elected but since ment to meet the quota. No sanctions
groups because of past discrimination. of Quotas: African Experiences by “Women lobbied heavily 2006 elected by all voters on a special are imposed on political parties that
However, the level of women International Institute for Democ- ballot in each district for women can- do not apply to the quota provision in
representation in elective politics is racy and Electoral Assistance (IDEA) and helped draft the didates only; 10 Uganda People’s De- the electoral law,” observes Ghai.
sparingly low. According to Prof Wan- reveals that over 20 countries on the new Constitution which fence Forces Representatives of whom However, Deborah Okumu Ex-
jiku Kabira the electoral outcomes are continent have either legislated quotas two must be women. Among the five ecutive Director Caucus for Women
a clear indication that the affirmative or political parties have adopted them has entrenched the youth representatives, five persons Political Leadership is optimistic that
action clause is a critical component with disabilities, five representatives even the small numbers of women in
towards realization of the two thirds
voluntarily.
Among countries that have regis-
affirmative action clause of workers, there must be at least one the National Assembly can still play a
gender rule. tered remarkable progress in the level and guaranteed an woman for each respective group. more robust role.
“Women lobbied heavily and of women’s representation through In South Africa and Mozambique, “The women MPs can form cross
helped draft the new Constitution quotas include Rwanda which ac- additional 47 seats for for example, women hold 30 per cent party platforms to help them unite
which has entrenched the affirmative counts for the highest number of women from the counties of the seats in parliament — match- beyond party lines and rally around a
action clause and guaranteed an ad- female representation at 56.3 per cent. ing the international target. Women’s common agenda,” Okumu suggests.
ditional 47 seats for women from the According to Prof Jill Ghai, a legal without which the representation in national parliaments She says that women should use
counties without which the numbers across sub-Saharan Africa equals the their numbers to push parties to
in the National Assembly would be
expert on constitutional matters, the
government of Rwanda has enforced
numbers in the National world average of about 15 per cent. address women concerns at all levels
wanting,” explains Kabira. the gender rule in the constitution Assembly would be Ghai points out that the Frelimo of representation adding that the
However, according to Charles (Article 9 (4)) which accords at least 30 Party in Mozambique has used gender women’s agenda should not be sub-
Ouma of the Kenya Human Rights per cent of positions in decision mak- wanting.” quotas since 1994. The party’s policy verted by other considerations such as
Commission most countries that ing to women. The 80 members of the  Wanjiku Kabira requires that 40 per cent of candidates party and ethnic interests.
 Status of Women Issue Number 37 • June 2013 15

Madame Speaker Retrogressive

culture blocked
women from
Susan Kihika beats 13 rivals to become elective leadership
Nakuru County Assembly leader
M
…By Maurice Alal
ost women across the coun-
try failed to clinch various
elective seats not because
…By Gladys Moraa they are incapable to lead

S
but due to culture and violence among the
he is one of the three women who on communities.
March 19 were elected as the first speakers For many years, women have been
in the newly created county assemblies in looked down upon as housewives with
the 47 counties across the country. some communities insisting that they
Susan Wakarura Kihika, daughter to the cannot be allowed to sit in decision making
late powerful Nakuru politician Dixon Kihika platforms.
Kimani beat many odds to secure the position of In Nyanza region, most women lost
speaker at the Nakuru County Assembly. various seats in areas they vied since they
Kihika had lost her bid to secure The Nation- were deemed as people who cannot lead.
al Alliance (TNA) ticket to contest for the Bahati According to Luo culture, a woman
parliamentary seat during the party primaries who has attained the age of marriage is
but that did not dampen her spirit. referred to as migogo, meaning a lady who
“I still had the passion to serve the people has been married somewhere). This norm
and decided to contest for the Speaker’s position. barred many women from clinching seats
I am so elated because this time round, they they were vying for as it was a campaign
endorsed me for the speaker’s position which still tool used by male opponents.
guarantees me an opportunity to serve my people “How can migogo come and lead the
with the same vigour,” she notes. community in her homeland where she is
Kihika went to Busara Forest View Academy born,” one of the aspirants was quoted say-
in Nyahururu before she joined Bishop Gatimu ing during the campaigns.
Ngandu in Nyeri for her ‘O’ levels. She later However, all this did not stop one
enrolled for a Bachelor of Arts Degree in Political Millie Odhiambo Mabona, Member of
Science at the University of Nairobi before head- Parliament for Mbita Constituency who
ing to University of North Texas. turned around this notion to clinch the
Diaspora seat. Mabona was born in the area but mar-
Kihika has a Doctorate from Southern Meth- ried elsewhere.
odist University School of Law located in Dallas, “People told me all sorts of things, in-
Texas in the United States of America (USA). Her sults and abuse to step down from politics,”
legal expertise cuts across immigration, criminal says Odhiambo adding these challenges
and family cases. kept her going strong.
“I served as an Assistant District Attorney Odhiambo notes that some women
in Texas in the County of Dallas. I have also held were sexually harassed by men as some
the office of the Chief Felony Prosecutor in the had their breast touched without their
same county and handled hard hitting cases,” consent.
says Kihika.
Through her law firm, Kihika and Company Family
Advocates which she founded in 2009, she has She said that women venturing into
been able to serve as a defence attorney represent- politics should discuss the same with their
ing clients in court. spouses and children as charity begins at
“I have engaged the United States govern- home.
ment in immigration cases that involve Africans, “I was inspired by the desire “I am happy that men are embracing women
“My husband was very supportive dur-
as leaders. They heed to my voice of reason that
Mexicans and other races as a defence attorney to use politics as a platform giving the girl child education is not enough if
ing my campaigns as he was driving me in
through the firm which I founded in 2009,” the entire Mbita Constituency where I was
explains Kihika who enjoyed overwhelming to change the lives of people.” you deny her the opportunity to use the educa-
born,” she said.
tion,’’ she affirms.
backing with The National Alliance (TNA).  Susan Wakarura Kihika Speaking during colloquium on
Kihika who describes herself as industrious,
Since her childhood, the mother of two Democracy, Governance and Leadership
humble, easy going and resilient assures Nakuru
daughters aged 15 and 13, says she has always at a Kisumu hotel, Odhiambo says women
County residents of a leadership that will spur the
nurtured an ambition to join politics. spend a lot of money after long struggle to
region into greater heights of development.
Her father, Kihika Kimani is remembered pay for nomination fee to political parties
“I am going to work with everybody, regard-
as the only Member of Parliament who served in only to be disappointed.
fear or favour. less of whether they voted for me or not and the
three different constituencies including Nakuru However, former Permanent Secre-
Nakuru County Assembly constitutes of 47 party they belong to. I will be impartial and deal
North, Laikipia West and Molo. tary, Ministry of Gender and Children,
male and only eight women ward representatives. with issues pragmatically without any third party
“I was inspired by the desire to use politics Prof. Jacqueline Oduol says many times
Of the 55 seats, TNA has taken 39 while United interference. My work will be to promote and
as a platform to change the lives of people,” says women have been only linked to kitchen
Republic Party (URP) has nine. not hinder developments in the county,” Kihika
Kihika. chores with traditions blocking them to
Orange Democratic Party (ODM) has three reiterates.
Her choice for the legal profession, she says, seek the leadership of this nation.
seats while Mazingira Green Party, Kenya Afri- Improvement
was informed by virtue that legal information Speaking during the same forum, Siaya
can National Union, United Democratic Forum During her first 100 days in office, she will
and knowledge would be applied in every field. Women Representative Dr. Christine Om-
and the Grand National Unity (GNU) share the set up structures for capacity building to sensi-
“Law is versatile and I knew that as much as baka notes it is high time women came out
remaining four. tize county ward representatives on their duties
I could use it in litigation, it could as well be ap- strongly to seek leadership in this country as
Asked how she managed to convince the men and roles, house standing orders and mecha-
plied in politics,” she explains. it is their right.
to vote for her instead of any of the 12 men and nisms of formulating relevant policies. This will
Her interaction with people both locally and “It is encouraging that the culture of
one other female lawyer in the race, Kihika says enable her to focus on the needs and aspirations
internationally, has enabled her understand the women being incapable is dying,” Ombaka
her agenda was clearly spelt out. of the electorate and hence commit towards
diverse needs of the people. says adding that culture is dynamic and
This is what inspired her to come back home Skills improving their lives. women should be at the forefront when it
in 2012 to seek the Bahati Parliamentary seat on “I relied mainly on regional balancing, She promises to hasten the enactment of comes to leadership.
a TNA ticket. She believes her experience in the gender factor and my competence. Most of those crucial bills that are significant to the County’s However, Ombaka would like the
law courts will come in handy as she sets out to who won top positions in the County during the social development, economic growth and politi- government to put in place measures to
engage in policy making, governance and demo- elections were from the neighbouring constitu- cal stability. address Gender Based Violence (GBV)
cratic rulings at the county assembly. encies and secondly there are few women in the “I will also promote public participation in especially to women across the country.
As the first Speaker of the Nakuru County assembly,” she explains adding “I have knowledge the assembly proceedings and intend to encour- “Women were attacked by their com-
Assembly, Kihika takes note of the weighty and skills to take up the position”. age the public to present memoranda and use petitors in the last election. Some were even
responsibilities that await her alongside the high Kihika expresses her satisfaction to the men’s other legally recognised avenues,” she notes. threatened with death from their rivals
expectations by the residents. willingness to change and give women a chance Though the assembly is dominated by TNA with most of them opting out of the race,”
However, she reaffirms her commitment to lead. Her election is a major step towards County representatives, Kihika says she will not Ombaka notes.
to uphold the law and do her work without achieving the affirmative action in the country. allow the majority to oppress the minority.
16 Issue Number 37 • June 2013 Status of Women

Land has its owners and

those are not women!
…By Patricia Kaimeri-Mbote redistribute access rights to members only access or the legal right
of the community. In male dominated to use the land which can be
The Ogiek, Endorois, Sengwer, Maasai, patriarchal communities, the greatest wiped out by the dissolution
Yaku, Batwa and Hadza’be are just a power is vested in the older male mem- of marriage or the death of
few examples of communities fighting bers of the community. the male household head
for the recognition of their rights. Ownership which constitutes the because their rights to land
Amidst their calls, however, overall right to land also flows from are predicated on fiduciary
is deafening silence on the right of social relations in the community even relationships to fathers,
women to the land within the com- where rhetoric may have it that land is spouses, uncles, brothers
munities. Women fight alongside their vested in the entire community. Indeed, and sons.
communities for land rights but their while the perception is that the entire Women are also not rep-
concerns are quickly forgotten when community owns the land, it is clear resented in formal and tradi-
the communities get the rights sought. that those with the most power will tional land decision-making
While land is critical to one’s control and determine access to the institutions. The formal ones
citizenship or belonging to a group, land. They can do this to the detriment are highly centralized, com-
narratives on communities’ quest for of weaker members of the community plex and bureaucratic while
recognition and protection of their who are powerless to stop them. the traditional/informal
rights to land and related resources, Control governance structures use
has tended to overshadow the quest for This male oriented system of own- unwritten social rules that A woman farmer busy tending to her crops with care. The right to ownership is however not
rights by weaker members of the com- ership and control of land determines discriminate against women equal as most women do not own land and only work in their husbands farms. Picture: Ken-
munities such as the youth and women. the social, economic and political though ostensibly derived yan Woman Correspondent
Yet it is clear that the rights — owner- autonomy for individuals as well as from shared community
ship, control and access — of members communities. Considering that land is values. Customary law has livelihood, food security and necessary women in county and community land
to community land are not equal and the basis of the identity and citizen- few provisions for divorced women and for reducing vulnerability or shock governance levels as the sites of local
the quest for community rights’ recog- ship of nations, communities and even fewer for single women. mitigation; and conservation — are at power should be facilitated.
nition takes precedence over all other individuals, the exclusion of women This negates women’s autonomy the core of women’s empowerment.
identities within the community. from ownership of land broadly and in the social, political and economic It is within this broad context Interventions
Membership in communities, excludes them from realms. It is significant because land that national constitutions provide Beyond law, there are a number
citizenship locally and nationally and is the primary vehicle through which for women’s rights to land, security of of interventions that can facilitate
This is attributable in part to the
rights that flow from that citizenship. women can move from the domestic tenure over matrimonial property and the actualization of women’s gains
fact that rights to land are predicated
Not surprisingly, less than five or reproductive space where their inheritance rights. Constitutional pro- in the Constitution and the National
on membership to a given community,
per cent of all title deeds — the most work is considered private and not re- visions alone cannot, however, get rid Land Policy. These include firstly,
functions relating to the land and the
coveted evidence of ownership of land ally work to the public and or produc- of the entrenched social, cultural and awareness-raising through civic
performance of reciprocal obligations
— to land are held by women in Kenya. tive work space. historical subjugation of women where education. Secondly, capacity build-
owed to others in the community. For
women, membership to society is a Women thrive in stable com- Access land is concerned. Community land ing to enable women to contribute to
thorny issue as they are perceived to munity relationships where access is Indeed women’s ownership, laws must put in place mechanisms the land reform agenda, law reform
be transient from their parents’ homes guaranteed for all members. Individual control and access to land is critical for ensuring women’s rights to access, and the configuration of institutions;
awaiting marriage while they never ful- ownership of land and patriarchal for their participation in politics and control and own land. to access land administration and
ly belong to the community into which norms, however, have progressively other sectors of society because land There are a number of entry points management institutions; and to
they are married. Customary, statutory made women’s rights to land tenuous. and related resources are the backbone such as firstly, the provisions in the redress grievances through formal
and religious laws seem to conspire to Their access to, control over and own- of the national economy and the basis Constitution and the National Land and traditional dispute resolution
relegate women to an inferior position ership of land is influenced by marital of livelihoods for communities and in- Policy which recognise women’s rights forums. Thirdly, lobbying and advo-
where rights to land are concerned. The status and land is mainly controlled by dividuals. It is also linked to violence to land and provide for equity and the cacy through workshops and media
situation is compounded by the socially male household heads on the assump- against women and women’s voice creation of a transparent and account- campaigns to raise awareness, build
constructed roles of men and women tion that the rights are held in trust for in the domestic, local and national able system of land administration and capacity, and accelerate the pace of
which ascribe more power to men and all in the household. Women provide spheres. management. These provide a critical legislation and implementation of
hence assign them greater rights to the bulk of labour for land based activi- Interventions in the multiple fulcrum for securing women’s rights to gender sensitive laws regarding land
land including rights to distribute and ties in many communities but have functions of land — as a source of land. Secondly, effective engagement of and property.

Special women’s seat shapes national politics

…By Atieno Akumu will participate in policy making cally. Chidzuga noted that poverty Chidzuga further noted that Kilifi County Women Representa-

R
processes which have previously been levels in the County cannot be ad- Kwale County residents have no tive Katana Aisha Jumwa on her part
evelations from the just con- dominated by men. dressed without the input of women. access to clean water and she plans said the special seat for women was
cluded elections appeared to “This special seat for women She said majority of women in to push for the allocation of funds to critical to enable more women partici-
yet again confirm fears that apart from just addressing the the County are dependent on their aid in the implementation of water pate in decision making platforms.
Kenyans are yet to embrace numerical imbalances, will al- husbands adding that she plans to sup- projects in the area. Jumwa said she will use the posi-
the role of women in political leader- low women to have more say on port initiatives that seek to empower Her Lamu counterpart Shakila tion to front the women’s agenda at the
ship. policies regarding the welfare of women economically. Abdalla said that her priority will be to National Assembly.  
Only 16 women were elected women through voting for bills and mentor young girls to take the leader- However, a tour guide operator
to the National Assembly but none implementing the same,” said Jane Priorities ship baton in future. Juma Khalifa said that the affirma-
was elected either as a Governor Godia, gender and media expert with “I have already set up a team that “Women lack mentors and this tive action seat may further widen the
or Senator. The Constitution only the African Woman Child Feature will work closely with women at the has largely contributed to high levels of gender disparities.
guarantees the one third gender rule Service (AWC). grassroots to venture into income gen- illiteracy and cases of early marriages He noted that the boy child has
in the County Assemblies. Articles Godia said some of the issues to be erating activities,” Chidzuga explained. in the County,” she said. largely been ignored in education and
177 (b) and 197 of the Constitution addressed by Women Representatives She noted that it will be on the Abdalla further pledged to address employment sectors as attention has
state that the two thirds gender include policies on women economic same level that she will support youth the recurrent water problem in the only focused on empowering the girl
principle must apply in both County empowerment, child healthcare, to engage in meaningful activities as County especially in Lamu East. child.
Assemblies and County Executive maternal care and others domestic some had resorted to acts of lawless- “We are working on short term Other African Countries where
Committees. issues that affect women on a day to ness and drug abuse. measures to ensure a consistent flow affirmative action has been successful
However, to address the gender day basis. “As a parent I feel sad to see youth of water as we work on long term solu- include South Africa with the women
disparities, the Constitution created 47 This was reiterated by Zainab on drugs or being recruited to crimi- tions,” she noted. representation standing at 42.3 per
women seats who are now members of Chidzuga, Kwale Women Representa- nals groupings such as the secessionist Abdalla said that she will also cent, Rwanda 56.6 per cent, Uganda
the National Assembly. tive who explained that her priority group, Mombasa Republican Council lobby for the adoption of gender sensi- 35 per cent, Angola 34.1 per cent and
The 47 Women Representatives will be to empower women economi- (MRC),” she said. tive policies. Tanzania 36 per cent.

Executive Director: Arthur Okwemba

Managing Editor: Jane Godia Supported by:
Sub-Editors: Duncan Mboya, Faith Muiruri and Carolyne Oyugi
Contributors: Joyce Chimbi, Mercy Mumo, Odhiambo Orlale, Ruth Omukhango, Evans Kanini, Adam Juma,
The Kenyan Woman is a publication of African
Abisai Amugune, Kabia Matega, Joseph Mukubwa, Benson Mwanga, Atieno Akumu, Ben
Oroko, Valentine Atieno, Gilbert Ochieng, Maurice Alal, Gladys Moraa, Patricia Kaimeri-
Woman and Child Feature Service
Mbote
E-mail: info@awcfs.org
www.awcfs.org Design & layout: Noel Lumbama (Noel Creative Media Ltd)