How Kenya courted a constitutional crisis over parliament’s failure to meet gender quotas
MUTHOMI THIANKOLU, Lecturer, School of Law, University of Nairobi UNLIKE the typical liberal constitution, Kenya’s 2010 constitution is transformative in character. Liberal constitutions primarily seek to demarcate the mandates of key organs of the state. Transformative constitutions on the other hand seek to bring large-scale egalitarian social, economic and political change. Its interpretation and application, therefore, requires a value-centric approach that takes account of the historical, social, cultural and political contexts of the country. Gender representation falls squarely into these categories. The 2010 constitution calls for the elimination of all forms of gender-based discrimination and marginalisation. Article 27 (8) requires…