The Two-thirds Gender Rule ‘Mirage’: Unlocking the Stalemate




Gender Inclusivity, Kenya's Governance, Legitimate Expectation, Stalemate, Equality


Today we talk about the principle of gender inclusivity in Kenya’s governance framework.1 I thank the administration of the Mombasa Law Campus of the University of Nairobi for giving me an opportunity to address its academic community on the subject. I thank the Mombasa Law Society, the oldest law society in this country, for partnering with the University of Nairobi, Mombasa Campus, on this worthy course. Partnerships between industry and the academy are always a worthy venture. The choice of topic today is both germane and misleading. The journey towards a more inclusive society in Kenya has been a rather long one. On 9 March 2018, the key protagonists in Kenya’s political space, President Kenyatta and former Prime Minister Raila Odinga recognised inclusivity as one of the nine-point agenda towards building bridges in Kenya. The aspect of inclusivity called gender inclusivity has also had a longwinded history. There is no possibility of me capturing the story of this journey fully and justly in today’s presentation alone. I will, therefore, focus on a very small aspect of this journey, that is, the cases that I have had the privilege of history to walk through as an advocate.


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Author Biography

Elisha Ongoya, Kabarak University Law School (Nakuru, Kenya)

Advocate of the High Court of Kenya and Senior Lecturer in the Department of Public Law, Kabarak University Law School. The author acknowledges and appreciates the research input of the following intellectual behemoths: Walter Ochieng Khobe, Scola Kayugira, Melissa Ng’ania, Shadrack Mwinzi and Julie Matoke Kemunto. A presentation made to judges of the Court of Appeal on the sidelines of their special sitting at Kisumu on 2 August 2019.




How to Cite

Ongoya, E. (2021). The Two-thirds Gender Rule ‘Mirage’: Unlocking the Stalemate. Strathmore Law Journal, 5(1), 253–265.



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