Gender-Responsive Budgeting Key to Equality for All Kenyans, Says Equality Commission

Nairobi, August 2024 – During its 13th anniversary, the National Gender and Equality Commission (NGEC) has called on national and county governments to urgently uphold constitutional mandates on equality and non-discrimination. The commission emphasized the need for immediate action to address persistent gender imbalances and protect the rights of all Kenyans, particularly those who are most marginalized.

At the heart of NGEC’s call was the urgent need to implement the two-thirds gender rule, a constitutional requirement that no more than two-thirds of members of elective public bodies should be of the same gender. Despite being enshrined in the 2010 Constitution, this principle remains unmet in many areas of governance, sparking significant concern among gender equality advocates.

The two-thirds gender rule has been a contentious issue in Kenya’s political landscape. In 2020, former Chief Justice David Maraga made headlines when he issued an advisory to President Uhuru Kenyatta, urging him to dissolve Parliament for its failure to pass the necessary legislation to implement this rule.

Maraga’s advisory was a bold move, rooted in the belief that the continued inaction on this issue was a clear violation of the Constitution. However, despite the gravity of Maraga’s recommendation, Parliament was not dissolved, and the legislation remains unpassed to this day.

NGEC is now echoing Maraga’s sentiments, urging Parliament to prioritize the enactment of a comprehensive gender equality law that will operationalize the two-thirds gender principle.

“We cannot continue to ignore this constitutional requirement,” said Thomas Okoth Koyier, Acting Chairperson of NGEC. “It is not just a legal obligation; it is a moral one. Ensuring gender balance in governance is essential for true democracy and the advancement of human rights in Kenya.”

Koyier emphasized that the failure to implement the two-thirds gender rule is not just a legal oversight but a significant barrier to women’s participation in leadership and decision-making processes. He pointed out that the Constitution clearly mandates this principle and that the state must take action to honor this obligation.

Civil society organizations and gender rights activists have long been at the forefront of the push for the two-thirds gender rule. They argue that the continued failure to pass the necessary legislation is a clear indicator of the deeply entrenched patriarchy in Kenyan politics.

These advocates stress that Kenya’s commitment to international conventions that promote gender equality is undermined by the lack of action on this issue. They argue that the two-thirds gender rule is about more than just meeting quotas; it’s about ensuring that women have a meaningful presence in the spaces where decisions that affect their lives are made.

The NGEC’s anniversary statement also highlighted the broader implications of failing to comply with the Constitution’s provisions on equality and non-discrimination. Beyond the two-thirds gender rule, the Commission has called for the strict adherence to Articles 53, 54, 55, and 56 of the Constitution, which protect the rights of children, persons with disabilities (PWDs), youth, minorities, and marginalized groups.

“Achieving equality and non-discrimination is fundamental to Kenya’s democratic development and international standing,” Koyier noted. He further urged Parliament to enact legislation that will operationalize these critical constitutional mandates.

Kenya has yet to ratify relevant regional instruments and international treaties that enhance greater protection of the rights of special interest groups. NGEC also called for the ratification of key international treaties and conventions that align with Kenya’s constitutional commitments.

These include the Optional Protocol to the Convention on the Rights of the Child, the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind or Visually Impaired, and the ILO Conventions on employment agencies and domestic workers.

“Ratifying these treaties will not only bolster our domestic efforts but also align Kenya with global human rights standards,” Koyier explained. “It is crucial that we take these steps to enhance the protection of the rights of special interest groups in our country.”

In addition to legislative action, the commission is advocating for the meaningful inclusion of young people in governance and decision-making processes. The Commission is urging the State to develop a National Youth Inclusion Framework that will outline clear guidelines for youth engagement in all aspects of governance.

“Youth are the future of this country, and their voices must be heard,” Koyier said. He emphasized that young people need to be genuinely involved in shaping the policies and decisions that will impact their lives.

At the same, NGEC is pushing for a change in the Public Finance Management (PFM) Act to guarantee that budget allocations reflect gender and equity considerations. This would mean that government ministries, departments, and agencies would receive funds only if their budget statements show a commitment to these principles.

“Gender-responsive budgeting is a critical tool for advancing gender equality,” Koyier noted. “By linking budget allocations to gender and equity outcomes, we can ensure that resources are being used to address the needs of all Kenyans, particularly those who are most marginalized.”

The Commission called on all stakeholders, including government leaders and civil society organizations, to work together to ensure that the promises of the Constitution are realized for all Kenyans.

“We stand ready to support and collaborate with all stakeholders to achieve these critical goals,” Koyier concluded. “Together, we can build a more just and inclusive Kenya where everyone, regardless of gender, age, ability, or background, has the opportunity to thrive.”