The National Gender and Equality Commission (NGEC) has poked holes in the recent cabinet secretary nominations, highlighting non-compliance with the one-third gender rule and insufficient representation of persons with disabilities.
In a statement, NGEC said it conducted a preliminary review and made key observations. Out of the 21 nominees, 15 are male and 6 are female, resulting in a composition of 17 males and 6 females, including the President and Deputy President.
“The current configuration does not adhere to Article 27(8) of the Kenyan Constitution, which mandates that no more than two-thirds of an appointive body should be of the same gender,” the commission stated.
NGEC emphasized that the gender composition should not exceed 16 members of the same gender. To meet constitutional requirements, the appointments for the Attorney-General and one additional Cabinet Secretary must include women.
The Commission recommended that one of these female appointees should also be a person with a disability. This adjustment would result in a final composition of 17 males and 8 females, achieving gender parity.
“Regarding representation for Persons with Disabilities (PWD), NGEC noted the absence of nominees from this group. This oversight represents a missed opportunity to fulfill the constitutional mandate of achieving 5 percent representation as stipulated in Article 54(2) of the Constitution,” the Commission added.
NGEC acknowledged the nomination of Eric Muriithi Muuga, aged 32, as a positive step towards fulfilling Article 55(b), which mandates youth representation in decision-making processes.
The Commission also recognized efforts to include members from marginalized communities, aligning with Article 56(c) that calls for affirmative action to ensure opportunities for minorities and marginalized groups.
The NGEC strongly urged the appointing authority to ensure the final Cabinet list complies fully with Articles 27, 54, and 55 of the Constitution.
The Commission stressed the need for rigorous vetting by the National Assembly to ensure that all nominees meet the stringent requirements of Chapter 6 of the Constitution, which pertains to leadership and integrity. This rigorous vetting is crucial for upholding principles of equality, non-discrimination, and ethical leadership.
