Sunday 10 March 2013

My Central Sun


I breath in your hair oh my beloved thought
I stare to the far north..hoping to catch a glimpse of your tiny spectacle
I look up to the sky, hoping to see you sitting at the pedestal to thee I have accorded
I hold out my hand and imagine mine clasping yours
I look up to the trees and imagine the magnificence of your look
I chose to believe that someday shall it be
I refuse to let the idea of perfection slid through the narrow perception of far-city
I think of you, I dream of you, I'm inspired by you, I believe in you.

I reflect and curse the tongue that us separates
I refuse to be caught in that hurdle
I work and work at mastering the far western tongue
I aspire to have a flowing converse, taking in your beautiful dialect
I constantly imagine crossing that conversational bridge
I see myself on thee side of the bridge
Holding you and dancing to the universal human language
Singing and dancing to the tune of love

I long for thee, my central sun
I embrace the grace of your land for harbouring ye love
I long for thee philosophical inspiration
I open up my tentacles to thee I embrace

Friday 8 March 2013

Telling the story from my window: the Kenya 2013 General Elections

On Monday 4th March 2013, Kenyans went out to vote in large numbers. In an election registering the highest number of voters in Kenya's history, over 14 Million people registered as voters. Almost 12 Million turned out to vote in a contest that saw Kenyans assert their sovereignty, repeatedly call for peace and spend a week of numerous social media humour.

Last night, Kenyans stayed glued to their television screens, bearing calculators and keenly following the votes garnered by Hons. Uhuru Kenyatta and Raila Odinga vis a vis the total votes cast. The Constitution of Kenya gives two conditions to be satisfied before a person can be declared the President elect. First, the person must atleast garner a quarter of the votes cast in atleast half of all the Counties (Kenya has 47 Counties) and secondly, the person must have 50%+1(one) of the total votes cast in his favour. Uhuru Kenyatta had satisfied the first condition, Kenyans kept tally of every figure announced to determine whether he would satisfy the second condition. In an unbelievably nerve wrecking process, he managed 50.03%. Enough to Constitutionally get him through as the Fourth President of the Republic of Kenya. The official results however shall be announced by the Independent Electoral and Boundaries Commission (IEBC) at 11am EAT, on the 9th of March 2013. 

At 3am this morning, I woke up to breaking News ":Mr. President". I had resigned myself to a run-off. However most Kenyans were expectant of a first round win  Most wished it. There is jubilation outside my window, vehicles hooting, vuvuzelas blowing, cars honking. I watch from my window, unable to record the occurrences of this day on camera. But resolute on documenting the same here.

I find it absolutely important to note the following about this election:

  1. Hon Uhuru Kenyatta and Hon Raila Odinga both put forth a strong campaign. They both got over 5 Million votes countrywide. Therefore, both had a respectful representation of the electorate.
  2. Kenyans waited patiently for the lengthy and tedious process to come to a close. IEBC took close to five days to complete the process. Kenyans had hoped the same would be over in a span of two days.
  3. Kenyans used social media to call for peace. It possibly should be noted down as the most successful social election peace campaign not just in Africa but around the world.
  4. Kenyans took their right to vote seriously, queuing for long hours under unbearably hot conditions. They came out in Millions.
  5. There was an interesting voting trend in areas expected to vote for political parties breaking the chain and voting for secure political choices such as Nyeri County Senate seat and Nairobi County's Gubernatorial seat.
  6. Sadly, not a single woman was elected Governor or Senator
  7. A 19 year old was elected County Representative in Eldama Ravine, making him the youngest elected member in Kenyan politics
  8. Following the release of an atrocious staged video of Kenyans arming for violence released by CNN and scores of other misleading and negative reporting by International Media, Kenyans came together to defend the honour of their country by dispelling irresponsible international reporting.
  9. The phrase "Tyranny of numbers" gained renewed visual significance in Kenya.
  10. 16 women were elected to the National Assembly. This is still a very low number
  11. The Teso and Maasai communities elected women to the National Assembly for the first time in Kenya's political history
  12. Kenyans in the diaspora (East African Community) voted for the very first time.
  13. This election had a total of eight presidential candidates, 7 male candidates and one female candidate
  14. It was largely a coalition election
  15. The Kenyan media exhibited a high level of responsible and professional broadcasting.
  16. Security surveillance was perhaps the largest government focus in this election
  17. Kenyans established their National and County Governments, setting in a devolved system of governance
  18. Kenyans called upon the contestants to raise any election grievances with the country's independent and competent judiciary showing institutional maturity since the promulgation of the Constitution of Kenya 2010.
  19. Kenya became the first country in Africa to hold Presidential debates on key policy and political issues. A critical look at the presidential debates shows that there was a huge impact of the debate on the voting patterns. Mohammed Abdouba Dida, a Presidential candidate who Kenyans interacted with largely during the Presidential debates outwitted candidates who had been campaigning for close to a year.
  20. Kenyans for the first time elected the President and his running mate (who would eventually become the vice President), with the Governors also having running mates who would become deputy governors.
  21. The election itself comprised of six ballots each set in a different colour. The voting process took 4-5minutes per person on average.
Overall, this was an unprecedented election. This documentation is for posterity. Its a process my children should bear the privilege to follow from their mother's words. Written on the early morning of 9th March 2013 at Nairobi.

Thursday 7 March 2013

Nairobi to Beijing: Building resilience and charting a Constitutional hope for Kenyan Women


This article is inspired by the dismal number of women elected in the Kenyan 2013 general elections. It is my hope that the next general elections will present a different outcome. All my love to the women of Kenya and happy International Women's Day.


The immediate Kenyan Parliament (10th Parliament) had 16 female members of parliament and 207 male members of parliament.  The total number of members of parliament was 213 with the Gatundu North seat being vacant. The 9th Parliament had 9 female members and 201 male members. The total number of members being 210. The 8th Parliament had only 4 elected female members and 12 nominated female members. The total number of female members of Parliament was 18 and the male members of parliament were 204.  The total number of members of parliament was 222.  This translated to 8.1% women representation.

Women constitute between 52% and 60% of the registered voters. Women representation in the political arena has been very poor since independence.  In 1963 there was no woman elected to Parliament. In 1969 two women were elected.  In 1974 six women were elected. In 1979 there were five elected female members of Parliament. In 1983 three women were elected and in 1988 two women were elected. In 1992 six women were elected.

This representation shows that indeed women have had a dismal representation in parliament since the year 1997. The 1992 elections represented a worse representation than the subsequent parliaments. This could have been one of the key factors taken into consideration during the drafting of the Constitution.  Though women form the majority to the voter population they lack adequate representation.  This has been due to their socialization into believing that only men should indulge in politics. Very few women have been elected to parliament over the years.

Over the years women who aspired for parliamentary positions as well as the Presidential positions have been discouraged from pursuing their political ambitions. Pendo Muninzwa indicates in her article “Kenya's General Elections, Women's Poor Performance” that “when a woman enters into politics she does not cease to be a woman. Her femininity remains and she has to be more diligent than a man in order to prove herself as an able leader”.

Despite there being a steady rise of female members of parliament in the three successive Parliaments, it is obvious that the number of male parliamentarians is constantly high and steady.

Female versus Male candidates and elected representatives

In 1992, out of 19 female candidates, 4 were elected. This compares to 940 male candidates, out of which 182 were elected. In 1997, there were 2497 male candidates out of which 204 were elected, compared to 50 female candidates out of which 4 were elected. In the year 2002, there were 44 female candidates, 10 were elected. This election saw a total number of 991 male candidates out of which 201 were elected. In the year 2007, there was an impressive increase to 269 female candidates out of which 16 were elected. Conversely, the country had 2278 male candidates and 207 of them were elected. I shall in the coming days issue a comprehensive analysis of the 2013 general elections and compare the figures.

These figures indicate that the more women candidates there are, such as in the 2007 General Elections, the more chance they stand of being elected. We must therefore place out women in electable positions, we must employ the politics of presence to favour women.

Another important point to note is that the number of male candidates vying in the year 2007 declined (as opposed to the steady increase in the number of male candidates over the years) because of the coalition formed to offset the 24 year KANU regime. In the same year, the number of women candidates declined from 50 to 44. This shows that coalitions and party mergers in Kenya have been disadvantageous to women. In most cases, the positions are handed out by political party leaders, hence the correlation between the decline of the number of male and female candidates.

Kenyan Political Parties and the electoral system (before the promulgation of the Constitution 2010) were structural barriers to women's political participation. The ballot box on its own without supportive mechanisms cannot be an efficient way of ensuring women’s presence in elective public bodies. The culture of accepting more women in politics does not yet exist in Kenya. This is evidenced by the dismal number of women candidates which translates to the number of those elected. We must reinforce the politics of presence to favour women. The start has already been set by the Constitution and guidelines given to ensure that women have an equal political participation footing. The onus as indicated by the Supreme Court of Kenya in Advisory Opinion number 2 of 2012 lies with the next Parliament. In my opinion, the key lies with political parties.

The gap between legal and factual quality in the area of power and decision-making is so wide that women’s interests and concerns are not adequately represented at policy levels and women cannot influence key decisions in social, economic and political areas that affect society as a whole. They lack the critical mass.  Ideally, the political parties should take the initiative in seeing to it that women emerge in substantial numbers onto the political landscape.  If the experience of other countries such as India, South Africa, Sweden and Spain is anything to go by, considerable voting advantage flows from fielding large numbers of women candidates.

International experience shows that both voluntary and obligatory methods have been used to correct the under-representation of women in decision-making structures. This has been our Kenyan experience. In South Africa the breakthrough came when the African National Congress adopted an internal statute requiring that 30% of its candidates for the National Assembly be women.  This figure has since been raised to 33.3%.  The adoption of Proportional Representation in the Constitution made it relatively easy to achieve this minimum proportion; after the party membership through their branch representatives had voted for all the candidates on the ANC lists, so that those with the most votes were at the top and those with the least at the bottom. Adjustments were made in the ranking to ensure that at least three out of every bloc of ten names on the list were those of women.  This resulted in a number of women moving up the lists in a manner which respected the ranking given to each of them by the branch representatives.

In India, the issue of women’s representation in public political life has been on the agenda for a number of years.  The result has been that the Constitution has required since 1992 that not less than one-third of all seats in every Panchayat (village assembly) and every Municipality be reserved for women.  Since 1998 a constitutional amendment requiring at least one-third of the total number of seats in the Lower House to be filled by women has been tabled before parliament.  Although all the major parties have agreed to it in principle, no consensus has been reached as to how the requirement of one-third is to be met and the Bill has not yet been passed.  It is particularly difficult where Members of Parliament are elected in single-member constituencies to establish that one Member in three be female. Various systems of rotation have accordingly been proposed.  Another problem has been how to ensure that women from communities referred to as backward communities and scheduled castes be included, as well as women from the group referred to as Anglo-Indian.

The equal participation of women and men in public life is one of the cornerstones of the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) adopted by the United Nations General Assembly in 1979 and in force since 1981. Article 7 of CEDAW provides: State parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and in particular shall ensure to women, on equal terms to men, the right:

a)     To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;

b)     To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;

c)    To participate in non-government organizations and associations concerned with the public and political life of the country.

Article 81(2) (b) of the Kenyan Constitution provides that the electoral system shall comply with the principle that not more than two-thirds of the members of the elective pubic bodies shall be of the same gender. The Constitution however does not provide how this should conclusively be achieved. It provides for quotas. As we have seen, these quotas do not guarantee the realisation of this principle. Therefore, in terms of progressive realisation, the government should adopt policies, plans and programs with regard to achieving this principle as advised by the Supreme Court.


The social impact of increased women representation in Kenya

Women have been marginalised in the political sphere in Kenya and their role in contributing to national sustainable development ignored. Low representation of the women in the political arena means that the Kenyan Republic is under utilising its human resource base available for development. In addition, the little or non- participation of women in the decision making process translates to their perspectives being ignored. They lack the critical mass to advance important social and economic issues affecting women and children

The social impact of increased women representation in Kenya would, arguably, entail greater attention for the following agenda: childcare policy, family policy, gender equality, social policy, land rights policy, poverty alleviation policies, HIV/AIDS policy, sexual freedom policy, violence against women policies and many more policies

It must also be noted that there exists contrasting pictures of the effect of increased women's representation. As demonstrated by other countries, where women are present in 'critical mass' levels in national parliaments, (generally agreed to be about 30%) the policy agenda shifts. It is opined that this would be the same for the Kenyan parliament. Although it has been argued that there is little evidence so far to suggest that increased women's representation has altered policy outcomes to any significant degree. 

This notion must be dispelled by the Kenyan women parliamentarians when they meet the critical mass level. Although, it has been shown that gender policies have been greatly achieved in parliaments that have had a high number of women representatives in Parliament in Kenya such as the 9th and 10th Parliaments such as the Sexual Offences Act.

The 2013 General Elections

The 2013 General elections has revealed that 14 15 women have been elected as Constituency members (equivalent to the former MP’s in the old dispensation). The Constitutional provision to have 47 elected Women Representatives has also been realized. Sadly, Kenya has not elected a single female Governor or Senator. The dream of having a female Head of State remains as such, a dream. Kenyans must re-engineer their mindsets and accommodate the possibility of allowing women to hold important positions in government. The Supreme Court of Kenya ordered the next Parliament to ensure that the mechanisms required to ensure that not more than two thirds of members in elective positions are of the same gender is implemented on or before 27th August 2015. In the next elections therefore, Kenyans must elect women to key positions or risk the cost that comes with an expanded parliament should the two-thirds principle be fulfilled by way of nominations.

The Long Road: Taking stock of the gains by women since the 1st UN Women’s conference


An article dedicated to the commemoration of the International Women’s Day, 2013

Four world conferences on women's issues have been organised under the auspices of the United Nations. The first world conference on women took place in Mexico City in 1975 with the theme of equality, development and peace. The UN Women Decade followed thereafter (1975-1985). The second conference was held in Copenhagen in the year 1980 under the themes of education, health and employment. The third was held in Nairobi in 1985 culminating in the Nairobi Forward Looking Strategies (NFLS) that called for equality, development and peace as a limelight for women’s progress. This one was meant to reaffirm the theme of the first conference and tally the gains of the gender decade. The fourth was in Beijing in the year 1995. This conference set the pace for the gender agenda following the Beijing Platform for Action (BPFA) which brought forth 12 critical areas of concern: women and poverty, education and training of women, women and health, violence against women, women and armed conflict, women and the economy, women in power and decision, institutional mechanisms for the advancement of women, Human Rights and women, women and the media, women and the environment and finally, the Girl-Child. It is out of this conference that women's interests went full swing into policy and political agendas. Overall these conferences have been held to advance the state of women in all the continents. But the void of not having a fifth conference is hard to ignore, 17 years on, the world has refused to see the significance of a follow up to the Beijing conference!

The questions we ask on this significant day are; what are the gains for women since the last conference in Beijing? have we achieved the promises? what are the realities?

A practical approach to these questions no doubt presents hope. But it also presents heartbreak. Women are still a marginalised group in almost all societies. Women are still struggling to attain their proportionate representation in governments and politics. Women lack the critical mass in decision making. On the flip side, Scandinavian countries have devised a way to increase the number of women in politics and in government by use of quotas. Rwanda, setting the pace for all countries in the world has recorded the highest percentage of women in parliament. Indeed, it is the only country in the world where women are more than men in Parliament. The effect of this critical mass is evident in the milestones post-genocide Rwanda has made, economically, socially and politically. The gender agenda in Rwanda is past gaining momentum, the crystallization process has commenced and this is evident in women representation in parliament. For the rest of the world, it is safe to conclude that the tide is still high; we are counting the gains, but also dealing with the existing prejudices against women.

The commonality of gendered discrimination, difference, violence, inequality are matters not just of international but national justice. As long as women's interests are thrown to the periphery, they will continue to suffer injustices. The observance of this day is to affirm the need to continue with practical advocacy and relentless efforts nationally and internationally to ensure that the rights of women are upheld and that the gains made are not taken away. In order to achieve this, gender mainstreaming must be an ingredient of every policy paper and at the heart of every political and economic debate. Economic because, so long as women suffer the greatest effects of poverty, so long as they suffer economic malnutrition, the gendered disadvantages will slip deeper to their disadvantage.

Various legal instruments, most importantly, the Convention on Elimination of all Forms of Discrimination against Women (CEDAW) was drafted and ratified by many countries in the year 1981, during the gender decade. This is one of the most significant legal gains since the first UN Conference on Women in Mexico City. Gender equality is more than a goal in itself. Quoting Dr. Jacinta Muteshi, “it is a precondition for meeting the challenge of reducing poverty, promoting sustainable development and building good governance”. 

The momentum for challenging women subordination is being felt world over. It is evident in the presence of well organised women organizations, women movements, organizations bearing the agenda of women advancement at the core of their mandate, international working groups, Constitutional revolutions, government policies and a keen youth, alive to the challenges of their past and the possibilities of their future. There can be no turning back for there still is a long way to go.

Happy International Women's Day!