Gender in the new constitutional dispensation of Kenya (original) (raw)

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The paper explores the notion of gender equality within the framework of the new constitutional dispensation in Kenya. It examines historical gender imbalances that have been perpetuated through patriarchal societal structures and legal systems. The author discusses various reforms aimed at achieving both formal and substantive equality, influenced by international human rights initiatives, emphasizing the importance of women's rights and representation in economic, social, and political realms.

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TAKING STOCK ON THE RIGHTS OF WOMEN IN KENYA; FOUR YEARS AFTER THE PROMULGATION OF THE CONSTITUTION.

In the past four years, Kenyan Parliament has passed many pieces of legislation in order to operationalize the Constitution. In this regard, various reforms were initiated in key institutions such as the political institutions and the property ownership regimes. Notable being, the far reaching reforms on land and electoral and the vibrant Bills of Rights which contain provisions for equal rights to all. Despite all these legal provisions and policies that mainly cushion women on these key areas, the effective implementation of similar provisions is still lacking immensely. The lack of mental shift for instance, societal stereotyping of women is still largely a norm in most Kenyan societies. Women’s political participation in the governance of the country has been categorised as a political rights and a lot of legal regulatory developments have posited to prove this issue. The United Nations general assembly on the political rights of women has clearly stated that, political participation amounts to political rights to women. This research pinpoints clearly that lack of political participation amounts to gross violation of human rights. The evaluation of the performance of the Constitution of Kenya vis-a-vis the international standards is the pinnacle in determining whether the State’s obligation is implemented in furtherance of women’s rights. This dissertation has been analytical and prescriptive in nature. It has relied mainly on secondary sources of information as well as the internet. The research shall focus on political rights and the women positions in the political field because the increase of women’s representation is an indication of economic empowerment as well as gender equality guaranteed by the constitution. The study also seeks to give effects to property ownership as a right recognized by the international regimes as well. Apparently, this areas are intertwined in that, their existence promotes human rights and particularly equality guaranteed by the Constitution. Therefore, to the State it shall recommend among others, more conscious action to be undertaken to protect the rights of women to achieve the gender equality.

Philosophical Analysis of Gender Based Affirmative Action Policy in Kenya with Respect to Theory of Justice

2015

Namwamba for believing in me and for their intellectual support. I do appreciate and thank Dr. Owino for the intellectual intercourse we engaged in. In the course of this work I met friends who I regretted having, those who could stab you at the back, but with the sweetest of smile on their faces and velvet gloves on their hands. I also lost many friends who could not withstand the miseries which were surrounding me. However, I have to thank men and women who proved to be true buddies: The Capuchin Friars: Fr. Abel Kashweka and Fr. Arnold Shirima, true brothers who shed tears when we were patting ways. The Provincial Fr. George Muthaka and his council, the Langata community, Bishop Joe Alexandro, Fr. Godfery Odunga and Bro. Lukas Masasi. I am grateful to Fr. Mathew Maggak and Fr. Lukas Ogola (IMCs) for their support. I will always be grateful and indebted to

The Status of Compliance with the International Gender Related Legal Instruments in Africa: A Case Study of Kenya

This study's main objective is to analyze key factors that contribute to the persistence of gender inequalities in Africa with particular focus on education and politics in Kenya. The study's objective was to examine the AU institutional and legal framework on gender in education and politics in Africa and Kenya in particular. The study has used feminist theory to operationalize the study. The study has concluded that the nature of commitment on the part of the political leadership of the country is very key to achieve gender equality. There is need for women needs to be captured in the development of political policy, education must be made easily accessible to women to make them be empowered fully and women must be considered for key decision-making positions so that they can push the equality agenda with ease. At policy level, the relevant institutions should implement existing gender laws that seek to bring about gender equality in Kenyan society, this study's findings should enrich and complement existing policy documents for those who are directly involved in policy adoption, uptake or formulation, this will help inform what measures or strategies can be used to address gender inequalities both in education and politics. Academically, more research should be done in the area of gender and discrimination and findings made public to the implementing organs or institutions to make it easy for people to have knowledge on gender issues.

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