AN EVALUATION OF KENYA’S SUPREME COURT ADVISORY OPINION REFERENCE NO. 2 OF 2012 ON THE ONE THIRD – TWO THIRD GENDER RULE
Brian Okwalo Ekutu - Bachelor of Laws (LLB) Degree, School of Law, Moi University, Kenya
ABSTRACT
This study sought to examine an evaluation of Kenya’s Supreme Court advisory opinion reference no. 2 of 2012 on the one third-two third gender rule. Gender inequality has been a contemporary issue globally. It's effect on women contribution to national development agenda has been an area of concern for public service delivery in most countries. The objective of this study was to find out what the problem is in-terms of low numbers of women in political representation and possible solutions to ensure equality. The study was guided by the following questions; Does Article 81(b) as read with other provisions of the constitution required a progressive realization of the one-third gender rule or the same be implemented immediately during elections of 4th March 2013? Going by the Supreme Court`s decision, could it have been the purpose of the framers of the constitution to discriminate against women interest? and Compared to International law, is the majority decision flawed? The research looked into various laws applicable in this area. Data was collected from two sources which are primary sources and secondary sources. The primary sources involved observation of what is happening in the political arena and also the legislative branch of the government. The secondary sources involved looking at the Kenyan constitution, case laws, books, journals and other publications. In regard to the gender question, it is concluded that there is no evidence that the majority of the Supreme Court judges interrogated the state to find out what steps it had taken 2 years after the promulgation of the Constitution to secure gender representation rights. One could therefore say it was derelict of the Supreme court, having erroneously found for progressive realization, to fail to query the state to find out what specific benchmarks it had established and whether the state had met those benchmarks. Therefore the researcher recommends that the presence of women in political leadership is one of the most effective ways of ensuring their participation in the political decision making process for the good of women, children and the nation in general. The challenge therefore is for women to reach outside of their private lives and shape the nation.
