Drawing the curtains! The Rise of Women in Kenya's legal profession

Nairobi 

Sunday, 25 August, 2024 

McCreadie Andias 

Women in Kenya have taken up their space in the legal justice system,either practicing law at significant numbers or serving as judges, magistrates or members of the Judicial service Commision.

The Judiciary is the only arm of Kenyan government that has gone beyond the two thirds gender rule within it's parameters of service, achieving the 50/50 gender balance as compared to the executive where women are still struggling to beat the predominant male numbers on top leadership and Governance roles, or fighting to maintainin their positions.

The legislature is no different from the Executive where women are still trying to measure up with their male counterparts in terms of numbers.

We have to agree that, it is within the legal justice system where women have broken the glass ceiling, taking up big roles and at unprecedented numbers. 

Currently, Kenya has 91 male against 81 female judges; 298 male against 295 female judicial officers (magistrates). These changes mirror similar developments in the legal profession where recent trends show more female lawyers being admitted to the Bar. 

Chief Justice Martha Koome was sworn in as the first woman Chief Justice of the Republic of Kenya on 21 May, 2021, joining a long list of women chief justices across Africa. 

Her appointment provided a promising indication that the structural and institutional views of women as leaders in Kenya's legal field are gradually evolving. 

The Office of the Deputy Chief Justice of Kenya is also held by a woman, Lady Justice Philomena Mwilu, who has served in the position for almost 10 years. The Supreme Court of Kenya's Judge bench has attained a 50/50 balance with yet another woman, Justice Njoki Ndungu serving as a senior judge at the bench. 

Moving down towards the helm of women leadership at the judiciary, The office of the Judicial Chief Registrar has been held by women in the last three stints,Current Deputy speaker of the Parliament and Uasin Gishu women rep Gladys Boss shollei held the position for three years between 2011 - 2013 before passing the role to Anne Amadi who served the position for a stunning 10 years. 

Winfridah Boyani Mokaya was, on 19 March, 2024, sworn in as the new Chief Registrar of Kenya on March 19, 2024, a position she will serve under CJ Koome. 

Journalist Sophie Wanuna was recently appointed as head of Public affairs and corporate communication at the JSC. 

On Monday, Dorcas Oduor was sworn in as the first woman Attorney General in Kenya, a milestone that marks the shattering of yet another glass ceiling for the women and girls in the country especially in the legal profession.

Oduor was consequently appointed as Commissioner to the Judicial Service Commision cementing women's influence at the arms of Justice in Kenya. 

Presently in Kenya, the offices of Principal Judge of the Employment and Labour Relations Court, Registrar of the Supreme Court, Registrar of the High Court, Registrar of the Environment and Land Court and Registrar of Tribunals, among other courts, are also occupied by women. 

These developments in women’s representation in leadership result from several factors, including the enforcement of legal and constitutional instruments, the shifting gendered norms about women as leaders in public life and the application of meritocratic standards in selection processes. 

Many analysts have characterized the 2010 Kenyan Constitution as a gender progressive framework that has catalyzed women’s representation in public life, including the Appointment of Martha Koome as Kenya's first woman Chief Justice. 

The proactive leadership of seeking qualified women candidates and demands for transparency in the Judicial Services Commission interview practices are also enabling factors.

Women have also made their mark at the Leadership of the Law society of Kenya where senior counsel Faith Adhiambo Mondi was on 1 May, 2024, elected as the second woman President of the LSK, Only one woman, Ambassador Raychelle Omamo, has been chairperson of the LSK before. 

Three other women have served as vice chairpersons--- Lucy Kambuni (2003-2005), Carolyne Kamende Daudi (2020-2021) and Faith Moni (2022-2024), accounting for 6% of the vice chair leadership. 

Women’s representation in the leadership (chair and vice chair) of the LSK since the Law Society was formed in 1948 has therefore been at a paltry 6%, pushing calls for more representation. 

In the legal academy, a few women have served as deans of law schools, including Patricia Kameri-Mbote, Winnie Kamau, Linda Musumba, Ruth Aura-Odhiambo, Sylvia Kang’ara, Fancy Too, and Nelly Wamaitha. 

These depressive numbers show that despite the feminization of the legal and judicial professions in Kenya, with women making up over 44% of the bar, women are still underrepresented in the leadership of the Kenyan bar, legal academy, and public sector. 

Meanwhile , we have to agree that, Kenya almost got it right as a perfect example of how women’s symbolic (numeric) representation can lead to women’s equal representation in leadership. 

With women making up over 50% of the judiciary and 40% of the bar, there is hope for an incremental shift towards more women in leadership positions across all sectors. 

However, While women continue to break barriers in the Judicial Service Commision and Law Society of Kenya , more work must be done to ensure gender parity in other areas of the legal profession. 

There's calls to entrust women leadership at the Director of Public Prosecutions or Solicitor General in the public sector where none has served before. 

Women in Kenya have demonstrated their leadership skills, from their participation in independence movements to their role as economic actors in national development. But more must be done to change the picture of women’s leadership in law. 

Furthermore, the impact of women in law extends beyond courtroom victories and legal reforms. They are mentors, role models, and advocates for the next generation. Programs aimed at empowering young girls to pursue careers in law are flourishing, thanks to the efforts of these pioneering women like Koome, Mondi and Amadi. Their stories of perseverance and success inspire young women to dream big and work hard to achieve their goals.

While women in law and justice systems have made significant progress, challenges remain. Issues such as gender-based violence, discrimination, and unequal pay persist. However, the increasing number of women in the legal field is instrumental in addressing these challenges. By advocating for policies that promote gender equality and protecting the rights of women and marginalized communities, they are driving change from within.

A truly holistic gender-inclusive legal profession in Kenya will require constant shifts in institutional and social perceptions about women’s leadership capabilities, accompanied by the elimination of institutional gatekeeping practices and the political will of the appointing bodies to apply gender-inclusive meritocratic standards.

Beyond symbolic representation, women must be prepared to develop leadership skills to bring to the decision-making table.