Corporate Governance in Kenya: the Dilemma of Achieving Equality in Board Management

Abstract

The study examines the factors that hinder attainment of gender parity on public corporate boards in Kenya. The period under review is from 2010, following the promulgation of the 2010 Constitution of Kenya, to the present day 2021. Although there exists extensive provisions of laws on gender equality and there has also been a remarkable increment of women representation on corporate boards, that stride and the achievement of the bare minimum requirement is not enough to entirely address the gender imbalance that women have faced in a predominantly patriarchal society. Nevertheless, the current study analyzes in depth the correlation between corporate governance and gender parity while exploring the factors that have contributed to the gender disparities on the corporate boards. The study examines these specific factors, amongst others because it is guided by the assumption that Kenya is still a patriarchal society thus contributing to the gender disparities on the corporate boards. The study examines these specific factors, amongst others because it is guided by the assumption that Kenya is still a patriarchal society thus contributing to the gender disparities on the corporate boards. The study employs doctrinal research methodology and a review of legal provisions on equality in both national and international laws has been conducted as well as review of studies and reports that identify the societal factors that are an impediment to gender parity on the corporate boards. The review in general has demonstrated that despite having provisions of the laws that are all inclusive, societal factors such as misconceptions, stereotypes and ignorance are majorly the x hindrance to attainment of equality and this is all premised to the patriarchal nature of the society. The study is thus an important piece of literature as it adds on to existing literature on corporate governance and gender parity, specifically the value propositions of having women on the corporate boards and institutional alignment measures that corporations can adopt to eradicate some of the identified factors that impede attainment of parity.