Celebrating Kenya’s first female CJ

Martha Koome

Kenya's Chief Justice Martha Koome (right) receives the instruments of power and state of Judiciary report from Deputy Chief Justice Philomena Mwilu outside the Supreme Court buildings in Nairobi on May 24, 2021.


 

Photo credit: Simon Maina | AFP

What you need to know:

  • It has become apparent that the corridors of power, influence and decision-making were never intended or designed to include women.
  • Women’s presence in leadership is sorely needed for a just, fair and democratic society.

The appointment of Ms Martha Koome as Kenya’s first female Chief Justice, President of the Supreme Court and Head of the Judiciary has been met with optimism and great expectations.

Chief Justice Koome brings more than 30 years of distinguished experience and has served in the law societies both in Kenya and in the East African region. There are several interesting reflections we can draw from this new appointment. 

First, it has become apparent that the corridors of power, influence and decision-making were never intended or designed to include women. The case of breastfeeding mothers in Kenya illustrates this.

In 2017, Parliament passed a motion demanding that employers make workplaces suitable for nursing mothers. To the nation’s dismay, the same Parliament,  two years later, kicked out a nursing parliamentarian yet, as early as 2013, the Parliamentary Service Commission had directed that specials rooms be created for breastfeeding lawmakers and other parliamentary staff.
It turned out Kenya’s Parliament had failed to live up to its own high standards.

What followed calls to mind the lobbying power that women members possess, which ordinary Kenyans lack. This power is also mirrored in the lives of all mothers across the nation, whether they are staff members at State House  or in the humblest of homesteads. 

That male parliamentarians termed the act of bringing a child to the chamber an “abuse of the House”, “gross misconduct” or “lack of dignity in the House”  brought to light their thoughts on slightly more than  half the Kenyan population.

Male-dominated hierarchies

Inability to accommodate people who use a building is beyond problematic. It is symbolic of how use of space is weaponised to exclude, oppress and marginalise women in social, cultural or recreational facilities.

It all passes the message that certain spaces (such as Parliament) are the preserve of one gender.
Of course merely having women in office does not magically translate to equity, whether for women or other demographics. 

Indeed, it is possible that women, given that they have to deal with male-dominated hierarchies everywhere, may be more cautious than innovative in seeking change at workplaces. 

Besides, women are not all the same and do not all want the same things. However, data shows presence of women decision-makers has made working across political aisles easier. It has also led to inclusive decision-making processes and policies that support education, health and stability. 

In a word, women’s presence in leadership is sorely needed for a just, fair and democratic society as it breaks the culture of imperviousness to lived reality, which we have been forced to accept for too long.

The judicial environment in Kenya would not be easy waters for any new Chief Justice. 

Nevertheless, there are great expectations on Chief Justice Koome and what her office will do for Kenyans. It is for this reason that we wish her all the best.

The writer is a policy analyst; [email protected]