Download Two Thirds Gender Principle

Concept note for journalists #8
Two Thirds Gender Principle
Introduction
Affirmative action has been entrenched in the
constitution to promote the participation of
women in elective and appointive positions.
Some setbacks to women participation in politics
and governance include cultural practices that
forbid them, gender violence during campaigns
and lack of resources.
Article 27 (8) and 81 (b) of the constitution
states that there shall be no more than two
thirds of the same gender in elective and
appointive institutions. The constitution however
contemplates that this will be progressive and
December 11th 2012, Supreme Court ruling
stated that parliament has until August 27, 2015
to ensure necessary legislations are made to
realize this provision.
Application of Two
Thirds Gender Principle
The concerns are about the national
assembly and senate because the county
assemblies are well taken care of. This
is because Article 177 (1) (b) on county
assembly representation gives the
formula to ensure there is no more than
2/3rs of one gender. It says there shall
be nominations of members, as special
seats based on political party strengths, to
ensure this principle is upheld.
The Supreme Court ruled that because
the constitution envisages progressive
realization of fundamental rights and
provisions, it shall take full effect as
from August 2015. This is five years after
the promulgation of the constitution.
Parliament should by this time legislate on
how this will be realized.
The application of this principle in
appointive position is already being
implemented as evidenced in various
constitutional appointments since August
27, 2010.
Issues to
Remember
There will be no
constitutional crisis
if after the General
Election of 2013,
voters fail to elect
MPs and senators
to guarantee Article
27(8) and 81 (b) is
upheld.
By stating that
parliament has until
August 27th 2013 to
effect the legislations
giving the formula
for realization the
two thirds gender
principle, the
Supreme Court used
the fifth schedule that
gives the timelines
for implementing
the constitution.
Therefore in elective
positions, the
provision will be used
in the 2017 General
Elections