Jumwa fails gender test on two-thirds rule taskforce

Public Service, Gender and Affirmative Action CS Aisha Jumwa. She has gazetted a 17-member multi-sectoral working group on the realisation of the two-thirds gender rule. Only one member is a man.

Photo credit: File | Nation Media Group

What you need to know:

  • Governance and legal experts accused the CS of hypocrisy in selecting the team, which is chaired by Gender Principal Secretary Veronica Nduva.
  • The Constitution says 'not more than two-thirds of the members of elective or appointive bodies should be of the same gender.'


The newly constituted gender taskforce has come under heavy criticism for flouting the same principle it seeks to implement.

On Tuesday last week, Public Service and Gender Cabinet Secretary (CS) Aisha Jumwa gazetted a 17-member multisectoral working group on the realisation of the two-thirds gender rule. The committee has only one man: Frankline Mukhwanja, the executive director at the Centre for Multiparty Democracy (CMD-Kenya).

Governance and legal experts have accused the CS of hypocrisy in selecting the team, which is co-chaired by Gender Principal Secretary Veronica Nduva and human rights advocate Daisy Amdany.

The other members are Presidents' Women rights Advisor Harriet Chiggai, Faith Nziku Kasiva, Anne Nderitu, Tecla Tum, Angela Wambugu, Mercy Jelimo, Beatrice Kamau, Rahab Muhia, Mitchelle Oyuga, Lucy Mitei, Sarah Muhoya, Ruth Makuthu, Beth Michoma and Stellah Chepkemboi Ruttoh.

According to lawyer and governance expert Javas Bigambo, although Kenya is making critical strides towards actualising the two-thirds gender rule by gazetting the taskforce, the committee is likely to create confusion, given its 94 per cent female composition.

Exclusion

“Does it then mean that when we are dealing with the issue of the gender principle, we are only speaking of women? It would have been better if the members would also have symbolised adherence to the rule,” Mr Bigambo said.

He said any citizen can move to court to challenge the constitutionality of the taskforce.

"The two-thirds gender rule is a constitutional mandate, not a suggestion, considering it is one of the major issues to be addressed by the Kenya National Dialogue Bipartisan Framework talks between Kenya Kwanza and the Azimio la Umoja One Kenya coalition. It would have been better for the committee to be properly constituted.”

Mr Bigambo termed it prudent for the Gender and Public Service ministry to explain to Kenyans why they thought having only one man in the taskforce would suffice.

In an earlier interview with Nation.Africa, Dr Agnes Mutua-Meroka, a senior lecturer at the University of Nairobi’s School of Law, explained that the rule must apply to both genders. She said Article 27(8) of the Constitution that establishes the principle provides that “not more than two-thirds of the members of elective or appointive bodies should be of the same gender.”

The Gazette notice also appointed six joint secretaries, out of whom two are men: Richard Miano, the director of Legislative Affairs at the Office of the President; and Sylvester Mbithi, an officer at the National Gender and Equality Commission (NGEC). The others are Jackline N. Makokha, Eva Mageto, Christabel Wekesa and Rhoda Misiko. This, however, met the one-third threshold.