Compliance of Two-Thirds Gender Principle: An Assessment of Kenya’s Judiciary

Abstract

Article 27(8) requires the State to take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender. Judiciary is one of the arms of the government is obligated to comply with the two-thirds gender principle. Kenya’s Judiciary is largely compliant with the two-thirds gender principle as outlined in Article 27(8) of the Constitution of Kenya. However, specific courts which include the Supreme Court and the Kadhis that remain not compliant with gender principle. The gender parity is at lower courts. Gender parity at higher courts and specialized courts is skewed more towards the male gender.