Gender Equality and Political Processes in Kenya
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GENDER EQUALITY AND POLITICAL PROCESSES IN KENYA Challenges and Prospects Japhet Biegon (ed) GENDER EQUALITY AND POLITICAL PROCESSES IN KENYA © Strathmore University Press, International Commission of Jurists, and National Gender and Equality Commission ISBN 978 9966 054 14 2 Year of publication 2016 No part of this paper may be reproduced, stored in retrieval system, or transmitted by any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission from the copyright owner. Cover design and layout by John Agutu, Email: [email protected] Printed by Colourprint Ltd, P.O. Box 44466 – 00100 GPO Nairobi ii Contents Profile of editor and contributors ............................................................ v Foreword ................................................................................................. ix Acknowledgments ................................................................................... xi Chapter One: Gender equality in political processes: An introduction Japhet Biegon .................................................................................... 1 Chapter Two: Women and political inclusion in Kenya: A historical overview, 1963 – 2016 Effie Owuor ........................................................................................ 7 Chapter Three: The quest for equal gender representation in Kenya’s Parliament: Past and present challenges Patricia Kameri-Mbote ...................................................................... 39 Chapter Four: The path towards inclusive democracy in Kenya Katindi Sivi-Njonjo ............................................................................ 67 Chapter Five: The role of political parties in promoting women’s political participation Dickson Omondi ................................................................................ 91 Chapter Six: The roots and effects of electoral sexual and gender-based violence on women’s political participation in Kenya J Osogo Ambani ................................................................................. 115 Chapter Seven: Beyond Kenya: The impact of Article 9 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa on women’s political participation in Africa Osai Ojigho ........................................................................................ 141 Bibliography ........................................................................................... 167 iii PROFILE OF EDITOR AND CONTRIBUTORS Japhet Biegon is a human rights law and policy expert with rich experience and demonstrable knowledge of the African human rights system. Japhet is currently the Africa Regional Advocacy Coordinator at Amnesty Internation- al. He coordinates and leads Amnesty International’s engagement with the African Union organs and institutions. Prior to joining Amnesty International, he was the Director of Investigations at the Independent Policing Oversight Authority (IPOA). From 2011 to 2013, he was the Director of Research at the Truth, Justice and Reconciliation Commission (TJRC) where he coordinated and supervised the compilation of the Commission’s report. An advocate of the High Court of Kenya, Japhet sits on the Advisory Board of the ESCR Human Rights Law Implementation Project (HRLIP), a collaborative project between four academic human rights centres (Bristol, Essex, Middlesex, and Pretoria) and the Open Society Justice Initiative. He has previously served as a member of the INTERIGHTS International Legal Research Panel and the Kenya National Committee on Prevention of Atrocity Crimes. Japhet is a prolific writer and has published extensively on a wide range of human rights issues including on state reporting under the Protocol on the Rights of Women in Africa and on transitional justice and sexual and gender based violence in Kenya. His publications include edited books, book chapters, and peer- reviewed journal articles. He holds a Master of Laws degree on Human and Democratization in Africa from the University of Pretoria and a Bachelor of Laws degree from Moi University. He is currently finalizing his Doctor of Laws Degree at the University of Pretoria. v Profile of Editor and Contributors J Osogo Ambani is a lecturer of law at Strathmore University Law School and is currently pursuing his Doctor of Laws (LLD) at the University of Pre- toria. He holds a Master of Laws degree from the University of Pretoria and a Bachelor of Laws degree from the University of Nairobi. He has extensive work experience, having worked for, amongst other institutions, the Catholic University of Eastern Africa and Moi University. Ambani is also a consult- ant in human rights, constitutional law, and democracy related issues and has published extensively in these areas. Patricia Kameri-Mbote is a Professor of Law and Dean of the School of Law, University of Nairobi. She obtained her doctorate in law (Juridical Sci- ences Doctorate) in 1999 from Stanford Law School having previously studied law at the following Universities: University of Nairobi (Bachelor of Laws, 1987), Warwick (Master of Laws, 1989), University of Zimbabwe (Postgradu- ate Diploma in Women’s Law 1995); and Stanford (Juridical Sciences Master (1996). She is Senior Counsel; has been an Advocate of the High Court of Kenya since 1988 and has been engaged in the legal academy in teaching and research for over 25 years at various Universities around the world – Nairobi, Kansas, Stellenbosch, Zimbabwe. Patricia is passionate about justice in soci- ety, gender equality, environmental sustainability, equitable land reform and legal scholarship and has dedicated a lot of time to these issues over time. She is a prolific writer and has published widely in the areas of her research inter- est which include: environment and natural resources; human rights; women’s rights: property rights - land and intellectual property; biotechnology policy and law; and legal institutions - the judiciary and legal education institutions. Osai Ojigho is a lawyer, gender equality expert and a human rights activist. She is currently the Coordinator of the State of the Union Coalition (SOTU) based in Nairobi, Kenya. She is a member of the Nigerian Bar Association and a life member of the Pan African Lawyers Union (PALU). She is also a consulting editor with Open Global Rights, an online platform moderating de- bates on human rights. Osai is a founding member of the West African Women Election Observation (WAWEO) and previously worked with Alliances for Africa (AfA), African Union Human Rights Observation Mission in Mali, and the International Criminal Court. Osai has travelled widely and published ex- tensively. Her areas of interest include the African Union, the African regional vi Profile of Editor and Contributors human rights system, women’s rights, and international justice. She holds a Bachelor of Laws degree from the University of Lagos, Nigeria and a Master of Laws degree from the University of Wolverhampton, United Kingdom. Dickson Omondi holds a Masters Degree in International Relations and is a currently a law student at the University of Nairobi. His expertise is in elec- toral integrity and political party strengthening. Effie Owuor is a retired judge of the Court of Appeal of Kenya. She has had a distinguished legal career spanning a period of forty five years. Her diverse exposure within the justice sector transcends the judiciary. She rose through the ranks from a Resident Magistrate to a judge of the Court of Appeal. Along- side this illustrious career in the judiciary, she advanced the national and in- ternational legislation agenda through various avenues, including through her engagement in law reform in Kenya and in national and international research and training processes. She has advocated for the promotion and protection of the rights of women and children. She has served as the chair of several national taskforces including the taskforce for the review of laws affecting the rights of women, and the taskforce on implementation of the Sexual Of- fences Act. She consults for various national institutions, governments, non- governmental institutions within the country and the region. She has written widely and presented a number of papers and opinions on justice, governance and human rights issues. Katindi Sivi-Njonjo is the founder and lead consultant at LongView Consult, a socio-economic research, policy analysis, training and foresight firm based in Nairobi, Kenya. Katindi has pioneered research and authored publications in various policy areas such as in the extractives sector, inequality and youth demographics. She has also worked with organizations and governments to understand possible futures that may occur in order to strategically help pre- pare for an uncertain and rapidly changing world. Her work has contributed to the conceptualization of various programmes, policies and futures strategies at county, national and international levels. Katindi is currently a Doctoral candidate at Regent University, USA. She also has undertaken trainings, in among other things, Gender Budgeting. vii FOREWORD I write this foreword shortly after the conclusion of the 27th African Un- ion (AU) Summit held in Kigali, Rwanda, from 10 to 18 July. One of the events that I was privileged to attend on the margins of the Summit was the 3rd AU High Level Panel on Gender Equality and Women’s Empowerment. The venue of the event, Rwanda’s Parliament Buildings, had a particular sym-