4.

3 Legal Framework
Gender mainstreaming has been backed by several legal frameworks and Policies over
time. These include:
a) Universal Declaration of Human rights (UDHR) 1948:
The declaration states that all human beings are born free and equal in dignity and
rights. It entitles all persons to equality and equal protection before the law

a) The Convention on elimination of all forms of discrimination against women,

(CEDAW) 1979: CEDAW is also referred to as the international bill of rights for
women. It urges all state parties to adopt appropriate legislative prohibiting all
discrimination against women. The convention also guarantees protection of health
and safety in working conditions including safe guarding the health reproduction
rights.

b) National Level-Kenya
At the National level the following legal and policy frameworks are in place:
 Constitution of Kenya, 2010
- The constitution brought many legislative gains for women as contained in
some of the following articles such as: Articles 14, 27, 40, 45, 53, 91, 100, 232;

 Vision 2030 (Chapter 4: Social Pillar: Gender, Youth and Vulnerable Groups)
- Vision 2030 aims at mainstreaming gender equity in all aspects of society. The
vision while appreciating that in addressing gender disparities some progress has
been made, states that a lot still needs to be done given that women play a critical
role in social economic development of any nation.

 Flagship Projects
- Increase funds and training available to women entrepreneurs
- Increase women representation at the executive level in all branches of
government & private sector.
- Establishment of funds for persons with disabilities.
- Establishment of Cash Transfer Funds most vulnerable elderly persons over 65
years.
- Women enterprise fund
 - Youth enterprise development fund

 Children Act 2001:

- The Act guarantees the right of the child to non-discrimination, right to parental
care, education, health care and protection from harmful cultural practices and
child labour. It also sets the age of marriage at 18 years and prohibits early
marriages.

 Sexual Offences Act 2006:

- The sexual offences Act consolidated provisions, which had previously been in
different pieces of legislation. The Act made provisions for sexual offences, their
definition, prevention and the protection of all persons against harm from other
sexual acts and counseling for both the victim and the offenders.

 Employment Act 2007:

- Prohibits discrimination and harassment of employees on basis of sex. It guarantees
equal remuneration for work of equal value, and outlaws all forms of sexual
harassment at the workplace. It also provides for three months maternity leave
with full pay for women employees in addition to annual leave and for male,
paternity leave of 2 weeks.

 Prohibition of Female Genital Mutilation (FGM) ACT 2011:

- This is an act of parliament that prohibits the practice of female genital mutilation
to safeguard against violation of persons mental or physical integrity.
 Marriage Act 2013:
- The marriage Act defines marriages as the voluntary union of a man and a woman
whether monogamous or polygamous and registered in accordance with the Act.
The Act guarantees equal rights to the parties of a marriage at the time of the
marriage, during the marriage and at the dissolution of the marriage.

 Matrimonial property Act 2014:

- The matrimonial property Act provides for the rights and responsibilities of spouses
in relation to matrimonial property. (Add content)

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  National Policy for prevention and response to Gender Based Violence 2014:
The overall goal of this policy is to accelerate efforts towards ending all forms of
gender based violence in Kenya. The key objective of the policy is to:
- To ensure a coordinated approach in addressing GBV and effective
programming,
- Enhance enforcement of laws and policies towards GBV prevention and
response
- Increase access to quality and comprehensive support services across sectors
- Improve sustainability of GBV prevention and response interventions.

4.4 Policy and Interventions

Interventions on Gender by the Kenya Government
There are a number of interventions that have been implemented to mainstream Gender
a) Affirmative Action
- Kenya’s constitution of 2010 provides for minimum threshold of not more than
2/3 of either gender in all decision making organs
- Access to Government Procurement Opportunities (AGPO)- 30% of all
government tenders should be awarded to women, youth and persons with
disabilities
- The National and County Governments have created the affirmative action funds
to address needs of women and other vulnerable groups-women enterprise fund,
Uwezo fund, CDF and Youth enterprise development fund, National Government
Affirmative Action Fund (NGAAF).
b) Establishment of a Department of Gender
This is a department under Ministry of Public service, youth and Gender affairs. It is
mandated to:
- Coordinate gender mainstreaming in national development
- To promote equitable socio economic development between women and men
- Formulate, review gender related policies

c) Formation of National Gender & Equality Commission

This is a commission mandated to:

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 - Promote gender equality and freedom from discrimination
- Coordinate and facilitate mainstreaming of issues of Gender in planning and
development
- Initiate, lobby for and advocate for legal reforms on issues affecting women, and
to formulate laws, practices and policies that eliminate all forms of discrimination
against women and all institutions, practices and customs that are detrimental to
their dignity
- Plan, supervise and coordinate education programmes to create public awareness
and support for gender issues

d) Establishment of anti FGM Board

This is a board that is mandated to:
- Design programs aimed eradication of female genital mutilation
- Facilitate resource mobilization for the programs and activities aimed at eradicating
female genital mutilation