Gender Equality Under The 2010 Constitution (Essay Sample)

The 2010 Constitution has been lauded as one of the most progressive Constitutions around the world. The principles that were put in to draft the Constitution were made by South African Constitutional scholar Karl E Klare in his article Legal Culture and Transformative Constitutionalism. This principles espoused by Karl Klare are provision of socio-economic and political rights for everyone. The Constitution recognizes the injustices that were occasioned on minorities, women and children under previous legal regimes. It provides for affirmative action and more participation of marginalized groups in politics and socio-economic activities.[KE Klare ‘Legal Culture and Transformative Constitutionalism’ (1998)14 South African Journal on Human Rights 146: 146]
Gender equality means that there is equal and fair treatment across all genders and each is given equal and fair treatment in social-economic and political spheres of life. The nature of the progressive and transformative 2010 Constitution is that it encompasses both gender equality and gender equity. Gender equity is giving Kenyan citizens across both genders equal opportunities and ensuring fairness. This is done by recognizing that the womenfolk have been marginalized due to historical injustices. This is done by coming up with strategies to ensure women are accorded a playing field to be on the same level as the male counterparts. Affirmative action is one of the strategies used in Kenya.
Gender equality has been linked with development in Kenya. This is because women have been given more opportunities in education to help them realize their dreams. They are able to subsequently get employment and contribute significantly towards development and nation building. In Politics, gender equality helps women get opportunities to join politics through the one-gender rule. This enables them contribute in the debate of building a greater Kenya by passing of legislative instruments aimed at development.
The one-third gender rule is recognized under the Constitution as a rule that ought to be followed both at the national and county level. This rule is provided under article 81(b) and article 177(1) (b). ‘The Constitution provides that not more than two-thirds of the members of elective public bodies shall be of the same gender.’ ‘The Constitution further states that the number of special seat members necessary to ensure that no more than two-thirds of the membership of the assembly are of the same gender.’ The realization of the one-third gender rule in the national and county government has been tasking and subject to court proceedings. The Supreme Court in advisory opinion stated that the realization of the one-third gender rule would be done in a progressive manner.[Constitution of Kenya, article 81(b)] [Ibid, article...