Implementation of the two thirds gender rule in the Kenyan parliament

Abstract

The purpose of this paper is to analyse the two-thirds gender rule in Kenya and to determine whether there are sufficient mechanisms to implement it. This will be done through a specific look at women in parliament. The Constitution clearly defines that women and men have equal rights, this is rather effected in Article 27(3) which provides that both women and men have the right to equal treatment, including the right to equal opportunities in both political, economic, cultural and social spheres. Furthermore, under Article 27(8) provides that the state shall take legislative measures to implement the two thirds gender rule in order to ensure gender parity, however, until now parliament has not enacted any legislation to implement the two thirds gender principle in order to promote gender equality. This study will be purely based on qualitative research and will use the doctrinal methodology. It will involve the review of statutes and courts jurisprudence as well as secondary data. The findings of this study could therefore be added to the emerging body of literature recommending innovative interpretations of Article 27(8) in a manner that achieves better gender balance in terms of representation in parliament