International Environmental Law Research Centre CHANGING THE MAINSTREAM CELEBRATING WOMEN'S RESILIENCE Wanjiku Mukabi Kabira, Patricia Kameri Mbote, Nkatha Kabira & Agnes Meroka (eds) Published in: Nairobi: African Women Studies Centre (2018). This paper can be downloaded in PDF format from IELRC’s website at http://www.ielrc.org/content/w1801.pdf International Environmental Law Research Centre [email protected] www.ielrc.org CHANGING THE MAINSTREAM CELEBRATING WOMEN’S RESILIENCE University of Nairobi CHANGING THE MAINSTREAM Celebrating Women’s Resilience Editors: Wanjiku Mukabi Kabira, Patricia Kameri Mbote, Nkatha Kabira & Agnes Meroka Citation: Changing the Mainstream: Celebrating Women’s Resilience University of Nairobi African Women Studies Centre P O Box 30197- 00100 Nairobi, Kenya E-mail: [email protected] http://awsc.uonbi.ac.ke © 2018, African Women Studies Centre, University of Nairobi ISBN No. 978-9966-1952-3-4 Technical Editor: Anna Petkova-Mwangi Design & Layout: Conrad Mudibo, Ecomedia Limited Printed by: Digital Process Works All rights reserved except for quotations of fully acknowledged short passages for the purpose of criticism, review, research or teaching. No part of the publication may be reproduced, stored in any retrieval system, or transmitted in any form or means without the prior written permission from the African Women Studies Centre, University of Nairobi. The moral rights of the authors have been asserted. Responsibility for the content of signed articles is the author’s and it does not necessarily represent the views of the African Women Studies Centre. Dedication Many women have been mentioned in this book for the different roles they have played in the women’s movement and the various activities they have initiated towards changing the main- stream. Among them are Abigail Arunga, Catherine Nyamato, Alice Yano, Jael Mbogo, Ama Ata Aidoo, Julia Ojiambo, Anne Waiguru, Abida Ali-Aroni, Asenath Bole Odaga, Atsango Chesoni, Effie Owuor, Martha Koome, R. K. Limo, Margaret Wanjiru, Martha Karua, Pamela Uniter Kid- ula, Caroline Nderitu, Phoebe Asiyo, Charity Ngilu, Chiru wa GP, Zipporah Kittony, Ciku Kimeria, Clara Momanyi, Jane Kiano, Jennifer Riria, Josephine Sinyo, Jenniffer Riria, Joy Odera, Nancy Baraza, Joyce Aluoch, Njoki Ndun’gu, R.E. Aburili, Field Marshal Muthoni, Flora Napwa, Kavetsa Adagala, Florence Mbaya, Ketty Arucy, Georgina Mbithe, Kingwa Ka- mencu, Grace Ogot, Lady Kalpana Rawal, Philomena Mwilu, Roselyn Nambuye, Wangu wa Mak- eri, Loise Kim, Mary Angawa, Lucy Wangunjiri, Sarah Ondeyo, Lydia Gaitirira, Adelina Mwau, Lydia Mumbi Nguya, Margaret Ogola, Maria Nzomo, Marjorie Oludhe-Macgoye, Martha Mburu, Mekatilili wa Menza, Micere Githae Mugo, Miriam Were, Monica Genya, Monica Wangu Wamwere, Moraa Gitaa, Hilda Orimba, Nancy Mutugu, Rachel Ruto, Jane Ogot, Muthoni Liki- mani, Nancy Mwanzia, Ndiko wa Mbatia (a community mobilizer), Njeri wa Ndugo of Kairi, Gatundu North,Njeri Wangari, Njunguru wa Kimere (a seer), Pamela Ateka, Pasomi Mucha, Patricia Ngurukie, Philo Ikonya, Wanjiku Kabira, Eddah Gachukia, Jack- line Oduor, Wangari Maathai,Patricia Kameri-Mbote, Rebecca Nandwa, Rebecca Njau, Rose- mary Okello, Ruth Oniang’o, Salome Muigai, Sarah Kiarie, Kamla Sikhand, Shailja Patel, Sheila Ryanga, Sheila Wamahiu, Shiku Waweru, Daisy Amdany,Sitawa Namwale. Although this list is quite short, the writers are aware that there have been many more women who have been on this journey, some of them for almost a life time. There are the women who have been in the struggle for independence and who have passed on. A few of them, including Field Marshal Muthoni, Muthoni Likimani and many others are still alive, albeit at an advanced age. Wangari Maathai, Jane Kiano, Rahab Wabici, Grace Ogot, Asenath Odaga, Sarah Wambui, Mag- gie Gona, Wilhemina Oduol, Milcah Ocholla, Margaret Wambui Kenyatta (Senior), Margaret Ogolla and many others have already gone to the next world. It has been a privilege to continue your journey as we envision the journey towards the sunrise and celebrate women’s resilience. We acknowledge you and dedicate this book to you and to our current and future generation of women. We stand on your shoulders and we salute you. Changing the Mainstream: iii Celebrating Women’s Resilience iv Changing the Mainstream: Celebrating Women’s Resilience Table of Contents DEDICATION iii FOREWORD by PROF. MARGARET KOBIA vii FOREWORD by PROF. JULIA OJIAMBO ix PREFACE xi ACKNOWLEDGMENTS xii INTRODUCTION xiii SUMMARY OF THE BOOK xv ABBREVIATIONS xviii PART ONE: TRANSFORMING THE MAINSTREAM xxiii 1. THE NEXT SEASON OF HARVEST Wanjiku Mukabi Kabira 1 2. WOMAN OF LAW: KENYAN WOMEN’S TRIUMPH IN THE CONSTITUTION OF KENYA 2010 Nkatha Kabira & Patricia Kameri- Mbote 27 3. GENDER AND GOVERNANCE IN KENYA: WOMEN’S JOURNEY BEYOND NUMBERS Maria Nzomo 45 4. WOMEN’S PARTICIPATION IN CONSTITUTION MAKING AND ITS NEXUS TO THE CONSTITUTIONAL TEXT: THE CASE OF KENYA’S 2010 CONSTITUTION Nancy Baraza 73 5. GENDER EQUALITY: INTEGRATION OF WOMEN IN THE JUDICIARY IN KENYA Ruth Aura-Odhiambo 93 6. PUBLIC INTEREST LITIGATION AND WOMEN’S RIGHTS IN KENYA: THE DOUBLE EDGED SWORD Agnes K. Meroka –Mutua 123 Changing the Mainstream: v Celebrating Women’s Resilience PART TWO: SUSTAINING THE MOMENTUM 143 7. WOMEN IN EDUCATION Eddah Gachukia 145 8. WOMEN AND REPRODUCTIVE HEALTH IN KENYA Wanjiru Gichuhi 173 9. POST-INDEPENDENCE GRASSROOTS WOMEN’S MOVEMENTS AND ECONOMIC EMPOWERMENT 1960S TO-DATE Tabitha Kiriti-Nganga and Joy Mueni Kiiru 187 10. WOMEN’S ORGANISATIONS AS AGENTS OF CHANGE (1985-2010) Elishiba Njambi Kimani and Philomena Njeri Mwaura 215 PART THREE: ENVISIONING BEYOND THE MAINSTREAM 233 11. PER ASPERA AD ASTRA: FEMALE EMPOWERMENT IN KENYAN LITERATURE Alina Nikolaevna Rinkanya 235 12. FEMININE UTU: RETHINKING FEMINIST WOMEN MOVEMENTS IN AFRICA WITH A SPECIAL FOCUS ON THE AGIKUYU OF KENYA Mary Njeri Kinyanjui 255 13. HASHTAG FEMINISM: HOW WOMEN AND FEMINISTS IN AFRICA ARE LEVERAGING ON SOCIAL MEDIA TO COMBAT GENDER BASED VIOLENCE Nicole Wasuna 267 AUTHOR BIOGRAPHIES 283 BIBLIOGRAPHY 292 INDEX 312 vi Changing the Mainstream: Celebrating Women’s Resilience Foreword By Prof. Margaret Kobia This book is concerned with the way mainstream institutions deal with women. It celebrates the strength women display when they challenge barriers in institutions, structures, and processes in their communities. It amplifies what may seem to be ordinary activities that women engage in on a day-today basis, but which contribute significantly to the economic, political, legal, social and cultural development of their societies. The authors challenge dominance at two levels. Firstly, they challenge the idea that African women lack agency, that they are not strong, that they are unable to change neither their own circumstances nor those of their nation and their continent. The collection of essays demon- strates that the African woman can rise above the issues that hold her back, and indeed, in many areas, she has won significant victories. Africa now leads the world in terms of leadership at political levels with Rwanda and Ethiopia showing the way forward. Indeed, African women are on the rise. Secondly, in this book, African women have embarked on a journey to challenge enduring lega- cies of patriarchy which continue to dominate the mainstream contemporary institutions of governance with their masculine and hierarchical nature, based on cultural symbols of domi- nance in politics, economics, philosophy as well as their own definition of values, customs and traditions. Furthermore, the book demonstrates that not only have African women emerged from the mar- gins and the shadows of subalternity but they have effectively changed legal and constitutional provisions that barred them from enjoying legal subjectivity; from participating in politics on an equal footing with men; from enjoying economic rights and from holding enforceable labour rights. In this way, they are introducing new values, new perspectives, and new ways of looking at the world. This narrative of the visionary, strong, confident and victorious African woman is momentous. It calls us to appreciate the African woman in all her different facets, and by doing so, to make policy decisions that are better informed and that will reshape Africa’s future. The African wom- an will continue to give hope to Africa, encouraged by the victories she has so far won. My ministry and the government challenges the younger generations to imagine a better future for themselves, and by doing so, lay the foundation for a better society, not just for women, but for all people, as the mainstream gradually changes to create a more prosperous and humane society. It is a dream that the African woman is transforming into a reality. Changing the Mainstream: vii Celebrating Women’s Resilience As we continue to challenge the mainstream, let us talk about how women have effectively chipped away at these patriarchal structures and the positive changes that are emerging. Prof. Margaret Kobia, PhD, MGH Cabinet Secretary, Ministry of Public Service, Youth and Gender Affairs viii Changing the Mainstream: Celebrating Women’s Resilience Foreword By Prof. Julia Ojiambo This book celebrates women’s resilience in the journey towards social transformation. Through- out the history of Kenya, Kenyan women have fought many battles to ensure that they occupy their rightful place in politics, economics and governance of their country. Kenya’s hi(s)tory books have told ‘his story’ and often excluded her story. For example, the history of the libera- tion struggle by the Mau Mau excludes narratives of women who supported the Mau Mau fight- ers; women who were affected by colonial land policies; the women who were affected by rural to urban. Female subalternity is visible in this context. Clearly women are waiting to tell their story, to document their experiences and to dream for a better Kenya. This book tells herstory by challenging the more popular and dominant his(s) tory, and demonstrating that women have claimed their place in time and space. The dominant narrative which promotes public and private distinction, relegating women to the private space and privileging the public space has been challenged.