Lujain Abbass LLB
The
relationship between citizenship, race, ethnicity, and gender goes back to the
historical developments of each. In understanding these topics, historians have
been interested in feminism and political history in the modern state and how
they have shifted the topics of discussions from what the suffrage movements
fought for and what the political culture meant when it was perceived from a
gendered perspective. Thus, understanding politics encompassed a broader list
of actions and attitudes that might not have had women’s voting rights for
instance at their heart. In post colonial Kenya, women seemed to have minimal
or even no rights as citizens of Kenya as compared to their male counterparts.
According to the Nzomo article, Kenya's record of women's participation in politics and
public decision making has been pitiable by any standards. In 1969 the first
woman was elected to the National Assembly and one more was nominated to sit in
that august legislative body along with eleven male nominated members. Between
1969 and 1974, of the total elected members of parliament, women formed between
0.5 and 8 percent of the nominated members. Except for the period 1974 to 1979,
when women's representation improved slightly, the general trend has been one
of women's marginalization in political decision making at the national level.
Therefore, citizenship
is about membership of a group or community that confers rights and
responsibilities as a result of such membership. It can be seen that
citizenship is both a status and a practice or process of relating to the
social world through the exercise of rights and protections and the fulfillment
of obligations’. Citizenship is inclusive, incorporating the interests and
needs of all citizens. Thus, a gender perspective on citizenship begins with
the assertion of the rights of all women and men to equal treatment.
In conclusion, the connection
between race, ethnicity, gender and citizenship is first, accepting that all
persons living in that geographical area are equal regardless of their
ethnicity, gender or race. Thereafter, the allocation of resources will be centered
on the interests and needs of the various groups.
What ways does the law in Kenya
respond to the linkages between citizenship, race, ethnicity and gender?
Kenya in its bid to fight all form
of discrimination on the basis of gender, race and ethnicity, has established
specific provisions in its legal framework with the promulgation of the Constitution in August 2010. With this, Kenya began its transition to good governance, characterized by democracy, public participation, accountability, equity, equality and adherence to the rule of law. For many decades Kenya had been grappling on its last legs of challenges with regards to issues of democracy, rule law, equity and equality. The constitution review journey, including the setting up of the review bodies such as the Constitution of Kenya Review Commission and the Committee of Experts, entailed a struggle to ensure gender equality and equity. This can be observed in the Bill of Rights under chapter 4 of the Constitution which guarantees an array of rights and freedoms. The 2010 constitution in article 27 is unpacks what amounts to equality and freedom from discrimination.
From a gender equality perspective, this clause that is Article 27, is commendable on four limbs. First, it states explicitly that men and women have the right to equal treatment and equal opportunities in the ‘political, economic, cultural and social sphere’. Second, the grounds on which the state is not to discriminate are much broader than existed under the old constitution, and they include race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.[1] Third, it is not only the state that may not discriminate but also the prohibition of discrimination applies horizontally among all persons. Lastly, for the first time there is constitutional provision for the principle of affirmative action, which is mandated to ‘give full effect to the realization of the rights guaranteed under this Article’.[2] The Constitution therefore recognizes that in order to give full effect to the right to full equality before the law, it is imperative to take measures to redress past patterns of discrimination, such as those that relate to gender relations.
That notwithstanding, the legal
framework without a doubt does provide for equality between the sexes however
when one examines the situation on the ground that is not the case. This can be
deduced from realities of the different ethnicities which do not observe the
same privileges as the rest for instance, coming from the Somali community; my
life is centered on living as a second class citizen whereby the government
views my community and myself as a threat.
For that reason, has Kenya really solved the
discrepancies around these touchy issues? To some extent yes, but more civic
education has to be done at the grassroots level so as educate the masses on
the necessity of having equality between the sexes and the ethnicities for the
sake of national cohesion and development of the country as a whol
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