What next? Gender rule falters at the ballot, yet again

From left: Machakos Governor-elect Wavinya Ndeti, Senator-elect Agnes Kavindu Muthama and Woman Rep Joyce Kamene when they were declared winners of at Machakos Academy on August 13, 2022.

Photo credit: Diana Ngila | Nation Media Group

What you need to know:

  • Last year, the Common Women Agenda (Cowa) unveiled an ambitious plan aimed at attaining the two-thirds gender rule in the concluded polls.
  • The group, in a meeting in Nairobi, revealed plans to have 5,000 women candidates for various positions to have a good chance of meeting the gender rule.

Prior to the August 9 General Election, women leaders were optimistic that the two-thirds gender rule would finally be achieved at the ballot.

However, to their disappointment, the polls did not cure the elusiveness of the rule in elective politics more than a decade since the Constitution was promulgated.

An analysis of the election by the National Gender and Equality Commission shows that of the 290 constituencies, at least 30 women MPs were elected to Parliament.

This is a 30 per cent increase in the number of women elected as MPs from single constituencies. In 2017, only 23 were elected. This means that even with the 47 women representatives and nominations slots set aside for women, the National Assembly, which has 349 MPs, will only have 80 women.

In the Senate, only three women senators were elected in the 47 counties. This will also mean that the Senate, which comprises 67 members, including the nominated ones, will only have 21 women senators.

And even if this year's election marks the highest number of women to ever be elected, the gender principle remains a pipe dream in elective politics.

Nakuru County leads with four elected women MPs, followed by Homa Bay, Murang’a, and Kitui counties with three each.

Kiambu, Makueni, and Uasin Gishu counties have two elected women MPs each; while Nairobi, Kisumu, Lamu, Narok, Nandi, Kilifi, Laikipia, Mombasa, Samburu, Nyandarua, and Busia have one each.

Progress despite male dominance

Compared to 2017 when only three women governors were elected, the 2022 results indicate a more than double increase in the number of women governors as seven have been elected.

They are Gladys Wanga (Homa Bay), Kawira Mwangaza (Meru), Susan Kihika (Nakuru), Fatuma Achani (Kwale), Wavinya Ndeti (Machakos), Ann Waiguru (Kirinyaga) and Cecily Mbarire (Embu).

However, the Council of Governors is still dominated by men.

In addition, eight women have been elected as deputy governors in Trans Nzoia, Kiambu, Murang’a, Narok, Makueni, Kilifi, Taita Taveta and Bungoma.

The gender commission has lauded the high number of women and other people from special interest groups elected during the August 9 polls.

NGEC Chairperson Joyce Mutinda, in a statement, said preliminary results indicate progress towards greater representation of women, the youth, people living with disabilities (PWDs) and minority and marginalised groups in various levels of governance.

Dr Mutinda added that over 11 counties have elected female members of county assembly, with Nakuru leading with eight female legislators and Kisumu following with six.

“While provisional results of the 2022 General Election indicate a positive trajectory in the absolute numbers of women elected to various seats, the realisation of the not more than two-thirds gender rule is still yet to be realised in Parliament,”said Dr Mutinda.

She, however, noted that in the county assemblies, the two-thirds gender rule will be realised after nominations in compliance with Article 177. The commission believes that the enactment of mechanisms to promote affirmative action for women, youths and PWDs in the political space is the missing link.

Lack of legislative support

“To this end, the 13th Parliament should consider as a key priority the enactment of laws to give effect to Article 81(b) and Article 100 of the Constitution of Kenya, 2010. The commission shall continue to facilitate Parliament to realise this goal,” she said.

Community Advocacy and Awareness (Cwawn) Trust has also recognised the higher number of women leaders elected in this year’s election but noted that despite this, the realisation of the gender rule remains a mirage.

“The Kenyan elections 2022 will be one for the books as women have achieved more numbers compared to the previous elections. In equal measure, the two-thirds gender principle is yet to be adhered to in elective positions despite affirmative action,” it said.

Public Service and Gender Cabinet Secretary Margaret Kobia has thanked Kenyans for electing women and lauded the election of seven women governors.

“It is a tremendous milestone in closing the gender gap. I am grateful to the people of Kenya for the faith you have demonstrated in women leadership. I congratulate all the women leaders who won and those who worked very hard but did not win this time round,” she said.

Some of the women MPs elected for the single constituency include Agnes Pareiyo (Narok North), Jessica Mbalu (Kibwezi East), Naisula Lesuuda (Samburu West), Maryanne Keitany (Aldai), Alice Wahome (Kandara), Mary Wamaua (Maragua), Amina Mnyazi (Malindi) Rachel Nyamai (Kitui South), Eva Obara (Kabondo Kasipul), Gathoni Wamuchomba (Githunguri) and Mary Emase (Teso South).

The others are Wanjiku Muhia (Kipipiri), Jane Kihara (Naivasha), Millie Odhiambo (Suba North), Irene Njoki (Bahati), Martha Wangari (Gilgil), Lilian Gogo (Rangwe), Sarah Korere (Laikipia North), Mishi Mboko (Likoni), Edith Nyenze (Kitui West), Janet Rotich (Turbo), Charity Kathambi (Njoro), Alice Ng’ang’a (Thika Town), Mary Maingi (Mwea), Suzanne Kiamba (Makueni), Rosa Buyu (Kisumu West), Beatrice Elachi (Dagoretti North), Phyllis Bartoo (Moiben), and Ruweida Obo (Lamu East).

In the Senate, those elected are Fatuma Dullo (Isiolo), Agnes Kavindu (Machakos) and Tabitha Karanja (Nakuru).

Cowa plan suffers defeat

Last year, the Common Women Agenda (Cowa) unveiled an ambitious plan aimed at attaining the two-thirds gender rule in the concluded polls. The group, in a meeting in Nairobi, revealed plans to have 5,000 women candidates for various positions to have a good chance of meeting the gender rule.

Of the number, Cowa had earmarked to achieve at least 15 elected governors, 16 elected senators, 97 single constituency MPs and 483 MCAs.

The group, in a communique issued after the meeting, revealed it intended to make the plan a reality by initiating legislative amendments to secure full compliance by political parties with the Independent and Electoral Boundaries Commission (IEBC) requirement that all party lists gender-compliant.

However, the IEBC only cleared 1,962 females to run in the August 9 polls, thus complicating the realisation of Cowas agenda. A total of 14,137 male candidates were cleared to run.

Cowa is a consultative forum under the leadership of Prof Kobia. It promotes women advancement in politics

The gender rule dilemma has stalked the 10th, 11th and 12th parliaments, with four attempts to operationalise it failing.

Representation of women in Parliament remains minimal, with only 22 per cent being women in the just ended 12th parliament. Only 9.8 and 20.7 percent of the tenth and eleventh parliament respectively was composed of women, making it the lowest in East Africa.