At the core of the Constitution of Kenya (COK, 2010) is the belief that there can only be real progress in society if all citizens participate fully in their governance, and that all, male and female, persons with disabilities (PWDs) and all previously marginalized and excluded groups are included in the affairs of the republic.Specifically, the Constitution provides in Article 81 (b) that “the electoral system shall comply with the principle that not more than two-thirds of the members of elective public bodies shall be of the same gender”. The persistent challenge has been on how to actualise this core commitment in Kenya’s National Assembly and Senate as prescribed. This publication traces the efforts to implement the commitment through legislation.
Women have been historically and systematically marginalized through distinct social and legal imperfections that relegated them to the periphery of public political life. The post-independence context in Kenya is particularly important in assessing the struggle for inclusion of women in political and electoral processes.