The Nexus Between Two-Thirds Gender Rule And Equality Of Counties: A Case Study Of Kenya’S Senate

Abstract

The Constitution of Kenya 2010 provides for the two-thirds gender principle but fails to clarify the implementation of the same in the Senate leading to potential compatibility issues with the constitutionalised doctrine of equality of counties. This study uses a grounded approach to examine the scope of implementation of the two-thirds gender principle in the Senate. Chapters one and two of this project introduce this study and traces the history of the two-thirds gender rule respectively. In analysing the nexus between the two-thirds gender principle and equality of counties, particular attention is paid to Senate practices as seen in the standing orders that guide voting. Under Senate‟s Standing Orders, nominated female members cannot vote on county matters. At the same time, the head of delegation concept where a county delegation comprises of both elected and nominated senators from a county limits the substantive participation of women in the Senate. The nominated senators, of whom the majority is women cannot, therefore, vote based on the notion that their vote is with the head of the county delegation. One of the main findings is that current Senate practices as seen in the Standing orders on house voting have negated the realisation and implementation of the two-thirds gender principle. The integrated approach to the nexus between two-thirds gender principle and equality of counties relies on a feminist framework to overcome the procedural issues that affect the realisation and operation of the two-thirds gender principle in the Senate of Kenya.