STATUS OF WOMEN 1 STATUS OF WOMENIssue Number 37 • June 2013 SPECIAL EDITION Issue Number 37 • June 2013 Two steps forward, one backward Unclear laws a barrier to women's political leadership …By Joyce Chimbi t all started with political party nominations when male dominated political parties made a farce of the expanded political space. The battle for party nomination tickets floored scores of strong and capable women as male dominated party politics took centre Istage. Unlike before where only three seats were contested for Senate, Gov- ernor and Women Representative seats. As it has been in the successive post-colonial General Elections, this year’s polls were not any different with regards to representation of women in elective positions. Women’s performance in elective politics has continued to take a nose-dive despite the new Constitution of Kenya 2010 having progressive provisions of women’s representation. Continues on page 5 2 Issue Number 37 • June 2013 STATUS OF WOMEN Government cannot afford to kill the Ministry of Gender …By Jane Godia empowerment; promotes interven- Lest we forget there are many cil (ECOSOC). It is the principal jing Conference which both set bench tions for the reduction of sexual and issues within which this Ministry global policy-making body dedicated marks on addressing gender equality. he women of Kenya are a gender based violence; and promotes rotates around that we cannot afford exclusively to gender equality and It is also only two years to the worried lot. Being a unique the generation of sex desegregated to do without it. For one, Kenya is a advancement of women. Every year, end of the Millennium Development and special constituency, data. host to the African Women’s Decade representatives of Member States Goals that were set out in 2000 among women have special issues Within the new political dispen- Secretariat that was launched in gather at United Nations Head- which was Goal number three which Tthat can only be addressed if they are sation, this ministry is nowhere to be October 2010 and will run until quarters in New York to evaluate targets to promote gender equality and categorized and handled as women seen. It has been killed and the women 2020. It was a privilege for Nairobi, progress on gender equality, identify women’s empowerment? issues. are now motherless. They are being and the Ministry of Gender for that challenges, set global standards and Although the Jubilee Government It is for this reason that women told, according to a speech delivered matter, to be given the priority to be formulate concrete policies to pro- argues that gender will be main- fought tooth and nail from the 1980s by Senator Kipchumba Murkomen the first to host the secretariat. The mote gender equality and women's streamed in all ministries, who will be to the late 1990s to ensure that a on behalf of Deputy President Wil- African Women’s Decade is a ten year empowerment worldwide. Who will the watchdog for the women? The argu- Ministry for Gender was established. liam Ruto that gender matters will be campaign that seeks to attain gender represent Kenya, a member of the ment that the National Equality and The Ministry of Gender, Children’s mainstreamed within all ministries. equality, women’s advancement United Nations here? Gender Commission is already there Affairs and Social Development has This was said during a conference held and the respect of women’s rights in does not hold any water. Don’t we have come a long way. It started as a De- under the Mwamko Mpya Uongozi Africa. Is it now going to be relocated Convention the Commission for Higher Education partment of Women’s Affairs within Bora initiative in Nairobi that sought to another country? What will happen when Kenya and a Ministry for Education? Don’t we the Ministry of Culture. Later, the to advance women’s rights agenda and What will happen to Kenya, goes to report to the Committee have the Kenya Law Review Commis- department was elevated and merged bridge the gender equality gaps. a member of the Commonwealth, on the Elimination of All form of sion and a Ministry for Constitutional with two others to make the Ministry when the Secretariat hosts the trien- Discrimination against Women Affairs? of Gender, Sports, Culture and Youth Communique nial conference for Ministers of Gen- (CEDAW)? The CEDAW watches Why is it that it is only the Gender Affairs. The name itself is a mouthful In a communique to President der (women’s affairs)? The Women’s over the progress for women made Ministry that is being killed? By killing and even if there was budgetary al- Uhuru Kenyatta and his deputy, Affairs Ministers meetings have been in those countries that are the State the Ministry of Gender, we are kill- location here, the gender arm suffered delegates who also included women held since 1985 and have provided parties to the 1979 Convention on ing the African dream as well as the by getting the least. This would later senators, MPs and Women County strategic opportunities for ministers, the Elimination of All Forms of women’s dreams and aspirations. We change to become the Ministry of representatives, said they want senior officials, civil society organisa- Discrimination against Women, are dismantling a foundation that took Gender, Children’s Affairs and Social nothing short of a Ministry with a tions, and partner agencies to discuss and Kenya is one of them. A country years of hard work to build. Development. Cabinet portfolio that will oversee the critical issues in advancing women’s becomes a State party by ratifying Like one participant at the confer- Largely labelled as the ’ministry functions of three key departments: empowerment and gender equality. or acceding to the Convention and ence said, “killing the ministry and ya wanawake’, it already has too much Department of Women’s Affairs; De- They contribute to Commonwealth thereby accepting a legal obligation saying gender issues will be main- going on within its composition. The partment of Youth Affairs: Depart- and global agenda-setting processes. to counteract discrimination against streamed everywhere, is like the case ministry has a huge mandate to gen- ment of Persons With Disabilities and Will Kenya miss out on the meeting women. The Committee monitors the of the orphaned child who is left with der, children and social development. Vulnerable Groups. because it has no cabinet docket on implementation of national measures everybody and nobody takes respon- The ministry promotes gender main- Arguments were put forth as to this? to fulfil this obligation. Who will sibility”. streaming in national development why it is important for the Jubilee What will happen to Kenya dur- represent Kenya here? Will this be left The President should rethink the processes and engender the national Government to ensure that there is a ing the United Nations Commission to the civil society? case of women and set up a ministry as budget; coordinates the develop- ministry for Gender. The Constitu- on the Status of Women? The Com- It is only two years before the world per his government’s commitment to ment, reviews and implements gender tion has imposed a limit of 22 minis- mission on the Status of Women is a joins together again to celebrate 30 women’s agenda. If it must be within responsive policies and programmes; tries. Already 18 have been defined. functional commission of the United years after the United Nations’ Nairobi his office then it must have a cabinet promotes women’s right and economic This should be 19th ministry. Nations Economic and Social Coun- Conference and 20 years after the Bei- portfolio in charge of Women Affairs. Cost of filing petitions denies poll losers access to justice …By Mercy Mumo many. This is partly the reason why supported financially. In partner- many women withdrew from their ship with the Centre for Multi-Party he number of women in the bid to file petitions. Democracy (CMD), CREAW secured last parliament was more The Act stipulates that security lawyers for the women on pro-bono than what is in the current for costs which are payable by the basis. eleventh parliament. After petitioner should be done in not “Out of the 37 women who were Tthe March polls, it was anticipated more than 10 days after the presen- challenging the election outcome, only that there would be more women but tation of a petition. Section 78 (3) 11 have gone through. We hope that due to a number of factors that range of the same act goes on to explain justice will be served in their favour from malpractices and harsh political that where a petitioner does not as they have fought hard for this,” she environment, the two-thirds thresh- deposit security as required as notes. old was not met, this despite the huge stipulated in this section, or if Wangechi says that justice should number of women seeking elective an objection is allowed and not be free and fair to all. It should be able position. removed, no further proceedings to penetrate down to the lowest levels. However, all is not lost as many shall be heard on the petition. In Campaigns cost money irrespec- women who think they were robbed of addition, the respondent may apply tive of the type. Political campaigns their victory at the ballot have decided to the election court for an order for most women are a nightmare due to go to court. However, it is not going to dismiss the petition and for the to the costs involved. Most women to be easy as many have since given payment of the respondent’s costs.