Kenya, like any other developing countries has been making attempts to increase the participation of women in senior and middle level policy formulation and implementation processes, both within the local and national governance structures.With the referendum just two months away, many Kenyans are reading the constitution to gain an understanding on what the new constitution entails. The proposed draft constitution has many gains for the women of Kenya if enacted as the supreme law of the land. The benefits that women will enjoy in the new constitution are found in various chapters of the constitution document. Some highlights include; chapter where  the sovereignty of the people of Kenya and the supremacy of the constitution is guaranteed thereby giving it overall authority over other laws like customary laws which usually discriminate against women.

In the chapter concerning citizenship, Kenyan women will be able to confer citizenship to their foreign spouses and children, an aspect that is not allowed in the current constitution. Citizenship is also not lost through marriage or the dissolution of marriage. This is a gain for women as it is not expressly stated in the current Constitution. It is a symbol of protection and safety of women by the state.  Dual citizenship is also a gain for women especially when they are married to foreigners. This is because under the current constitution once someone acquires citizenship of another country willingly, then they automatically lose the Kenyan citizenship.

The bill of rights entrenches the principle affirmative action for women and other marginalized populations and the principle of 1/3 representation of either gender in elective positions. It also outlaws any kind of discrimination and advocates for equality in marriage. Affirmative action is a deliberate policy or programme that seeks to remedy past discrimination by increasing the chances of the affected to participate in what they were previously denied. The objective of affirmative action is to enhance the participation of women and marginalized groups in decision making and implementation and make a difference in the political climate and culture.

In chapter five, the constitution guarantees equitable access to land and the security of land rights. This has been a right that women have been advocating for especially since most cultures in Kenya do not recognize the inheritance of land by women. This is a great gain for women as it seeks to rectify historical injustices that have continually faced the women of Kenya. The law as it is has promoted discrimination of women in land and property rights by allowing for the application of customary laws which are discriminative in Nature. The customs and practices of many Kenyan communities promote discrimination of women in several areas, including land and property rights.

Another gain for women is that “parliament shall enact legislation which shall regulate the recognition and protection of matrimonial property and in particular the matrimonial home during and on the termination of marriage”. This is recognition of the injustices women have historically faced in relation of matrimonial property. Women’s rights to matrimonial property have been largely compromised due to the patriarchal order of society that views men as the sole owners of matrimonial property. This greatly places women at a position of disadvantage especially in the event of divorce and separation. Women are left without any property. Their contribution whether financial or not is recognized, leaving women as the aggrieved parties. This clause seeks to protect the matrimonial rights of women during and after marriage.

Chapter seven proposes that any person is eligible to stand as an independent candidate for election if they so wish. In part three of the same chapter, it states that “Every political party shall respect and promote human rights and fundamental freedoms, and gender equality and equity.” This is a gain for women as the provision ensures gender parity and equity. Since it removes the discrimination of gender in political system in Kenya and further that the Kenyan Government has to recognize the capability of female gender under the political arena unlike in the current Constitutional of Kenya.

Chapter eight of the proposed constitution carries the weight in the gains that women will get if the draft is approved in the upcoming referendum. This chapter addresses the legislature. It provides that parliament shall formulate law to promote the representation in parliament of women, persons with disabilities, ethnic and other minorities and marginalized communities. Women representation in all decision making organs is a fundamental issue in advancing gender equality. The proposed draft provides a legal frame work for women representation which is not provided in the current constitution. It proposes to reverse the current status of low representation of women in the legislature.

The constitution also accords Right to health including reproductive health to women and also provides that women and men have equal opportunity without discrimination. This is important for women since health is a basic need for human existence and survival and as such, it is a right that must be respected, promoted and protected by government and society.

The Proposed Constitution secures gender equality in many other areas; including fundamental freedoms, health, and education.