DATE: Monday 29th January, 2018
Kenyans have once again been treated to impunity by the government. The new Cabinet appointments bythe President, fails to meet the standard of the Constitution. The President has failed to live up to his personal promise, the Jubilee manifesto and most of all adherence to the provisions of the Constitution that he swore to uphold when he took office. The President has made a selection of cabinet secretaries that not only discriminates women, but also persons with disabilities and the youth as well.
Article 27 (3) states that, “Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.” The Constitution additionally states in Article 27 (4) that, “The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.” Furthermore, Article 81 (b) provides that, “not more than two-thirds of the members of elective public bodies shall be of the same gender.”
The President had the opportunity to appoint a new Cabinet to constitute a maximum of 22 Cabinet Secretaries; at least 7 of these appointees should have been women. Further in a cabinet totaling 25 members at least 9 should be women.
It is further unfortunate that the new Cabinet appointees are to be vetted by a Parliament that is also unconstitutionally constituted. It is a parliament that does not meet the two-thirds gender rule. This is despite various outcries by the public, open letters to the president and the fact that Constitutional Courts have given over fivejudgmentsdirecting on the Constitution compliance.
Special interest groups (Women, Youth, PWD, Marginalized, Rural Women) are able to take up the leadership roles in this Country. Further the female fraternity can deliver in equal measure as to their male counterparts or even do better. We therefore call upon the President to abide by the Constitution and make the right decision. It is not in the President’s interest to lead a government that always pushes its citizens to unconventional means of accessing justice.
KHRC, FIDA Kenya and other interested organisations will move the courts, calling for Judicial Review of the President’s action.
FIDA Kenya and the Kenya Human Rights Commission
For More information call;
FIDA Kenya Jane Njeri +254-722509760 or Diana Gichengo KHRC +254-722-264497/254-733-629034