Presidential petition: How Njoki Ndung'u tipped on gender inclusion

Supreme Court Judge Justice Njoki Ndung'u. During the Presidential petition last week, she guided lawyer Kithure Kindiki to refer to Wafula Chebukati as chairperson, not chairman of IEBC.

Photo credit: File | Nation Media Group

There was a landmark occurrence last week during the Supreme Court hearing of the petition challenging Dr William Ruto’s win.

The Court has since upheld Dr Ruto’s victory.

While making his presentation, lawyer Kithure Kindiki who represented Dr Ruto said he had transformed from calling Mr Wafula Chebukati, chairman of Independent Electoral and Boundaries Commission to chairperson, thanks to the guidance of Supreme Court Justice Njoki Ndung'u.

Gender-inclusive language is central to promoting gender equality and often use of gender markers such as pronouns, possessives, some nouns and forms of address have often perpetuated exclusion and gender discrimination.


“I actually clapped (having heard what Kithure Kindiki said),” National Gender and Equality Commission chairperson Dr Joyce Mutinda told Nation.Africa on Monday.

Well, Justice Ndung’u is not new in this gender equality lane. She is a renowned gender equality advocate.

Prior to her appointment to the Supreme Court, Justice Ndung’u served in the 2003 and 2007 Parliament having been nominated by National Rainbow Coalition.

And she left a mark. She sponsored the Sexual Offences Bill, which the legislators approved and in July 2006, it was enacted into law, making Kenya the second country in Africa to legislate specific laws on sexual violence after Liberia's 2005 Rape Law.

The Sexual Offences Act (2006) prescribes stiff penalties for various forms of sexual violence such as rape, defilement, and sexual assault.

For instance, a person found guilty of rape can be jailed for a minimum of 10 years but the term can be enhanced to life imprisonment.

Three other countries namely Namibia, South Africa and Tanzania have since enacted laws on sexual violence.

“It is exciting to see women in leadership taking the lead in championing for gender equality. To (Justice Njoki Ndungú), I say continue doing the good work. I’m so proud of you,” said Dr Mutinda.