An Analysis of Affirmative Action: The Two-Thirds Gender Rule in Kenya
Catherine Kaimenyi, Emelda Kinya, Chege Macharia Samwel

The resistance to women based affirmative action has remained the facilitating tool for perpetuation of discrimination against women notwithstanding the spirit and provisions of the Constitution of the Republic of Kenya (2010). The current globalization has made it almost mandatory for countries subscribing to international treaties to abide by gender equity and equality principles and Kenya cannot afford to be left behind the wave of development. This study argues that affirmative action can work and promote gender equity in political representation and ultimately improve development outcomes if there is full commitment to its objectives and measures. The study further makes the case for affirmative action on grounds of necessity, legal justification and its value for attainment of broad developmental goals. Through the methodology of review of laws and various documented literature, the concept of affirmative action has been understood, its milestone traced and a mechanism for implementing its policies proposed.

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