REPUBLIC OF KENYA MINISTRY OF GENDER, CHILDREN AND SOCIAL DEVELOPMENT

REPUBLIC OF KENYA MINISTRY OF GENDER, CHILDREN AND SOCIAL DEVELOPMENT 2 ND BI-ANNUAL REPORT ON 30% AFFIRMATIVE ACTION ON EMPLOYMENT AND RECRUITMENT OF WOMEN IN THE PUBLIC SERVICE 30 th June,2011

Table of Contents Topic page INTRODUCTION.3 HIGHLIGHTS OF THE 30% AFFIRMATIVE ACTION MONITORING REPOR..4 DATA ANALYSIS ON EMPLOYMENT AND PROMOTION OF WOMEN IN PUBLIC SERVICE. 6 PUBLIC PRIMARY SCHOOL TEACHERS EMPLOYMENT BY SEX.21 PUBLIC SECONDARY SCHOOL TEACHERS EMPLOYMENT BY SEX.22 DATA ANALYSIS ON RECRUITMENT AND PROMOTION OF WOMEN AND MEN IN PARASTATALS.23 GENDER REPRESENTATION IN POLITICAL AND SENIOR DECISION- MAKING POSITIONS..26 DATA ANALYSIS ON RECRUITMENT AND PROMOTION OF WOMEN IN MUNICIPALITIES, COUNTY & TOWN COUNCILS.28 WOMEN S PARTICIPATION AT CIVIC LEVELS..36 CONCLUSION AND RECOMMENDATION...37 2

Introduction On 20 th October 2006 His excellence the President of the republic of Kenya, Hon. Mwai Kibaki, passed a presidential decree declaring the government s commitment to implementation of an affirmative action in recruitment and promotion of women in the public sector. This is intended to create equity in employment of men and women and promotion to senior positions in the public sector. Government ministries and parastatals are therefore required to adhere to the decree whenever they employ or promote staff under them. The Ministry of Gender, Children and Social Development is mandated to monitor the implementation of this decree and report accordingly. The following report is an analysis of data collected from 32 ministries by 20 TH of May 2009. It looks at the overall numbers of men and women employed in government Ministries and Parastatals and the positions they occupy in their organizations. The report further analyses the role of women in decision making structures of the Government such as parliament, judiciary, local councils and in provincial administration. 3

HIGHLIGHTS OF THE 30% AFFIRMATIVE ACTION MONITORING REPORT Overall figures for recruitment of men and women in the public sector show that women make up 30.9% and men 69.1% of the workforce. Data available shows that employment and promotion of women in the civil service is tilted in favour of men and that though some ministries have made efforts to employ and promote more women, gender parity is still far from realization. Only 3 of the 32 ministries surveyed had women constituting over 50% their workforce in job groups P and above. These are Ministry of Gender, Children and Social Development, State Law Office and Ministry of State for Defence. 72% of women employed in the civil service work in the lower cadres of job groups H and below. In Parastatals overall numbers in labour force show that women are 39.2% compare to 60.8% men. Women in senior positions are less than 30% of the workforce in that cadre. They are mainly positioned in lower ranks including clerical, secretarial and messengerial positions. In Local Government women employees make up less than 10% of top-level management including heads of departments. Majority of women employees (65%) in local councils are low-level staff working as sweepers in offices, markets and revenue collectors in bus-parks and markets. To effectively mainstream gender in ministerial policy, programmes and projects, there is need to increase the staffing of Ministries with qualified female officers in top management. They will influence decision- making to favour both men and women. 4

More qualified women need to be employed in senior management positions in Parastatals. This will increase the gender responsiveness of these organizations during policy formulation, planning, and programme implementation. Government funds going into programmes in these Parastatals will benefit women, men, girls and boys. With devolution of resources to the grassroots, local councils are vital in decision-making regarding projects at that level. They should be encouraged to source for professional women to occupy managerial positions. Equally, women with requisite qualifications should apply for jobs advertised by local councils. Most Government ministries and Parastatals are slow in implementing the 30% Affirmative Action. It is recommended that a clear enforcement mechanism be put in place by the Public Service Commission to ensure compliance. 5

DATA ANALYSIS ON EMPLOYMENT AND PROMOTION OF WOMEN IN PUBLIC SERVICE AS AT 30 th June 2009 Table 1: Employment and promotion in the Ministry of Immigration and Registration of Persons by Job Group and Sex, May 2009 P+ 5 13 18 27.8 J-N 393 688 1081 36.4 H and Below 1857 2305 4162 44.6 Total 2255 3006 5261 42.9 Source: Ministry of Immigration and Registration of Persons Table 2: Employment and promotion in the Ministry of State for National Heritance and Culture by Job Group and Sex, May 2009 P+ 3 15 18 16.7 J-N 73 94 167 43.7 H and Below 101 88 189 53.4 Total 177 197 374 47.3 Source: Ministry of State for National Heritance and Culture Table 3: Employment and promotion in the Ministry of State for Development of Northern Kenya and Other Arid Lands by Job Group and Sex, May 2009 P+ 1 5 6 16.7 J-N 13 13 26 50.0 H and Below 6 10 16 37.5 Total 20 28 48 41.7 Source: Ministry of State for Development of Northern Kenya and Other Arid Lands. 6

Table 4: Employment and promotion in the Ministry of State for Defence by Job Group and Sex, May 2009 P+ 6 6 12 50.0 J-N 131 64 195 67.2 H and Below 692 1406 2098 33.0 Total 829 1476 2305 36.0 Source: Ministry of State for Defence Table 5: Employment and promotion in the Ministry of Energy by Job Group and Sex, May 2009 P+ 4 15 19 21.1 J-N 42 82 124 33.9 H and Below 70 94 164 42.7 Total 116 191 307 37.8 Source: Ministry of Energy Table 6: Employment and promotion in the Ministry of Higher Education by Job Group and Sex, May 2009 P+ 8 35 43 18.6 J-N 64 87 151 42.4 H and Below 69 65 134 51.5 Total 141 187 328 43.0 Source: Ministry of Higher Education 7

Table 7: Employment and promotion in the Ministry of Water and Irrigation by Job Group and Sex, May 2009 P+ 2 25 27 7.1 J-N 226 1445 1671 13.5 H and Below 520 2181 2701 19.3 Total 748 3651 4399 17.0 Source: Ministry of Water and Irrigation Table 8: Employment and promotion in the Ministry of Cooperative Development and Marketing by Job Group and Sex, May 2009 P+ 10 24 34 29.4 J-N 182 402 584 31.2 H and Below 211 225 436 48.4 Total 403 651 1054 38.2 Source: Ministry of Cooperative Development and Marketing Table 9: Employment and promotion in the Ministry of Office of President by Job Group and Sex, May 2009 P+ 16 137 153 10.4 J-N 504 1499 2003 25.2 H and Below 3334 11033 14367 23.2 Total 3854 12669 16523 23.3 Source: Ministry of Office of President 8

Table 10: Employment and promotion in the Ministry of Environment and Mineral Resources by Job Group and Sex, May 2009 P+ 2 44 46 4.3 J-N 138 569 707 19.5 H and Below 152 224 376 40.4 Total 292 837 1129 25.9 Source: Ministry of Environment and Mineral Resources Table 11: Employment and promotion in the Ministry of Forestry and Wild life by Job Group and Sex, May 2009 P+ 1 6 7 14.3 J-N 14 11 25 56.0 H and Below 32 31 63 50.8 Total 47 48 95 49.5 Source: Ministry of Forestry and Wild life Table 12: Employment and promotion of men and women in the Ministry of Livestock by Job Groups and Sex, May 2009 P+ 58 282 340 17.1 J-N 649 2401 3050 21.3 H and Below 867 1346 2213 39.2 Total 1574 4029 5603 28.1 Source: Ministry of Livestock 9

Table 13: Employment and promotion in the Ministry of Public Works by Job Group and Sex, May 2009 P+ 4 22 26 15.4 J-N 67 596 663 10.1 H and Below 336 877 1213 27.7 Total 407 1495 1902 21.4 Source: Ministry of Public Works Table 14: Employment and promotion in the Ministry of Tourism by Job Group and Sex, May 2009 P+ 4 8 12 33.3 J-N 37 58 95 38.9 H and Below 31 41 72 43.1 Total 72 107 179 40.2 Source: Ministry of Tourism Table 15: Employment and promotion in the Ministry of State for Public Services by Job Group and Sex, May 2009 P+ 11 24 35 31.4 J-N 4 20 24 16.7 H and Below 9 19 28 32.1 Total 24 63 87 27.6 Source Ministry of State for Public Services 10

Table 16: Employment and promotion in the Ministry of Justice, National Cohesion and Constitutional Affairs by Job Group and Sex, May 2009 P+ 10 13 23 43.5 J-N 37 31 68 54.4 H and Below 41 30 71 57.7 Total 88 74 162 54.3 Source: Ministry of Justice, National Cohesion and Constitutional Affairs Table 17: Employment and promotion in the Ministry of Finance by Job Group and Sex, May 2009 P+ 18 62 80 22.5 J-N 344 871 1215 28.3 H and Below 331 789 1120 29.6 Total 693 1722 2415 28.7 Source: Ministry of Finance Table 18: Employment and promotion in the Ministry of Fisheries Development by Job Group and Sex, May 2009 P+ 2 9 11 18.2 J-N 53 218 271 19.6 H and Below 184 280 464 39.7 Total 239 507 746 32.0 Source: Ministry of Fisheries Development 11

Table 19: Employment and promotion in the Ministry of Local Government by Job Group and Sex, May 2009 P+ 1 16 17 5.9 J-N 46 94 140 32.9 H and Below 49 56 105 46.7 Total 96 166 262 36.6 Source: Ministry of Local Government Table 20: Employment and promotion in the Ministry of Trade by Job Group and Sex, May 2009 P+ 9 28 37 24.3 J-N 103 213 316 32.6 H and Below 110 112 222 49.5 Total 222 353 575 38.6 Source: Ministry of Trade Table 21: Employment and promotion in the Ministry of Planning, National Development and Vision 2030 by Job Group and Sex, May 2009 P+ 8 31 39 20.5 J-N 117 192 309 37.9 H and Below 170 194 364 46.7 Total 295 417 712 41.4 Source: Ministry of Planning, National Development and Vision 2030 12

Table 22: Employment and promotion in the Ministry of East African Community by Job Group and Sex, May 2009 P+ 2 11 13 15.4 J-N 28 25 53 52.8 H and Below 22 25 47 46.8 Total 52 61 113 46.0 Source: Ministry of East African Community Table 23: Employment and promotion in the Ministry of Labour and Human Resource Development by Job Group and Sex, May 2009 P+ 14 55 69 20.3 J-N 145 249 394 36.8 H and Below 217 230 447 48.5 Total 376 534 910 41.3 Source: Ministry Labour and Human Resource Development Table 24: Employment and promotion in the Ministry of Gender, Children and Social Development by Job Group and Sex, May 2009 P+ 20 10 30 66.7 J-N 231 325 556 41.5 H and Below 418 403 821 50.9 Total 669 738 1407 47.5 Source: Ministry Gender, Children and Social Development 13

Table 25: Employment and promotion in the Ministry of Information and Communication by Job Group and Sex, May 2009 P+ 5 14 19 26.3 J-N 91 218 309 29.4 H and Below 124 163 287 43.2 Total 220 395 615 37.0 Source: Ministry of Information and Communication Table 26: Employment and promotion in the Ministry of Youth and Sports by Job Group and Sex, May 2009 P+ 10 31 41 24.4 J-N 389 948 1337 29.1 H and Below 734 1325 2059 35.6 Total 1133 2304 3437 33.1 Source: Ministry of Youth and Sports Table 27: Employment and promotion in the Ministry of Housing by Job Group and Sex, May 2009 P+ 10 21 31 32.3 J-N 39 106 145 26.9 H and Below 84 181 265 31.7 Total 133 308 441 30.2 Source: Ministry of Housing 14

Table 28: Employment and promotion in the Ministry of Lands by Job Group and Sex, May 2009 P+ 16 36 52 30.8 J-N 366 762 1128 32.4 H and Below 783 1316 2099 37.3 Total 1165 2114 3279 35.2 Source: Ministry of Lands Table 29: Employment and promotion in the Ministry of Special Programme by Job Group and Sex, May 2009 P+ 1 9 10 10.0 J-N 21 23 44 47.7 H and Below 41 50 91 451 NA 43 74 117 36.8 Total 106 156 262 40.5 Source: Ministry of Special Programme Table 30: Employment and promotion in the Ministry of Agriculture by Job Group and Sex, May 2009 P+ 35 266 301 13.2 J-N 394 2157 2551 18.3 H and Below 2162 2062 4224 51.2 Total 2591 4485 7,076 36.6 Source: Ministry of Agriculture 15

Table 31: Employment and promotion in the Public Sector Reform and Performance Contracting office by Job Group and Sex, May 2009 P+ 7 14 21 33.3 J-N 15 5 20 75.0 H and Below 9 18 27 33.3 N/A 3 3 6 50.0 Total 34 40 74 45.9 Source: Public Sector Reform and Performance Contracting Table 32: Employment and promotion in the State Law Office by Job Group and sex Job groups Female Male Total %Female P and above 31 22 53 58.5 J-N 138 136 274 50.4 H and below 165 171 336 49.1 Total 334 329 663 50.4 Source: State Law Office 16

ANALYSIS The data available shows that women are under-represented in the civil service. Out of the total workforce of 62, 756 surveyed by May 2009, women constituted 30.9% compared to 69.1% men (refer to figure1) Figure 1 DISTRIBUTION OF CIVIL SERVICE WORKFORCE BY SEX 31% Female Male 69% Source: Ministry of Gender, Children and Social Development The table in annex iii shows that out of thirty-two ministries surveyed by May 2009 twenty-five (78.1%) had women constituting over 30% of the workforce. This large number of ministries indicates that the overall population of women in the civil service is increasing. Out of the twenty-five above, the top four ministries with women constituting over 47.5% of the labour force are Ministry of Justice, National Cohesion & Constitutional Affairs, State Law Office, Ministry of Forestry and Wildlife, and the Ministry of Gender, Children and Social Development. The remaining seven ministries with a female workforce of 29% and below are Ministry of Finance, Ministry of State for Public Services, Ministry of Livestock, Ministry of Environment and Mineral resources, Office of the President, Ministry of Public Works and Ministry of Water and Irrigation. The positions held by men and women across the ministries shows that women mainly occupy the lower echelons of the decision making structure of government. For example, in job groups H and below women 17

constituted 22.3% of the total workforce compared to only 0.5% women in Job groups P and above. The percentage of men was 43.7% and 20.9% respectively. However, the percentage of women in decision-making positions of job groups P and above varied from ministry to another. The ministries of Gender, children and Social Development, State Law Office and Ministry of State for Defence were the leading with 66.7%, 58.5% and 50.0% respectively. Table 33 shows the number of men and women in the different job categories in the civil service. TABLE 33: DISTRIBUTION OF CIVIL SERVICE WORKFORCE BY JOB CATEGORIES AND SEX Job groups Female Male Total %Female P and above 334 1,309 1,643 20.3 J-N 5,094 14,602 19,696 25.9 H and below 13,980 27,437 41,417 33.8 Total 19,408 43,348 62,756 30.9 Source: Ministry of Gender, Children and Social Development Table 33 above illustrates the small proportion of women visa vis that of men in the civil service across all the job categories but with a concentration in the lower job groups H and below. The same information is illustrated in the Figure 2 and 3. 18

Figure 2 DISTRIBUTION OF CIVIL SERVICE WORKFORCE BY JOB CATEGORIES AND SEX 30000 27,437 25000 20000 15000 14,602 13,980 Female Male 10000 5000 0 5,094 1,309 334 P and above J-N H and below JOB GROUP Source: Ministry of Gender, Children and Social Development Figure 2 illustrates the small number of female officers across all the job categories in the civil service. This is further highlighted by figure 3. Figure 3 DISTRIBUTION OF WOMEN IN CIVIL SERVICE BY JOB CATEGORIES P and above 2% J-N 26% H and bel ow 72% Source: Ministry of Gender, Children and Social Development Figure 3 illustrates the small proportion of women in job groups P and above in the civil service relative to the proportion of women in lower cadres of job groups H and below. 19

TABLE 34: A SUMMARY OF CIVIL SERVICE EMPLOYMNET ON J/G P AND ABOVE BY MINISTRY AND SEX: MAY 2009 MINISTRY Female Male Total %Female Ministry of Gender, Children and Social Development 20 10 30 66.7 State Law Office 31 22 53 58.5 Ministry of State for Defence 6 6 12 50.0 Ministry of Justice, National cohesion & constitutional 10 13 23 43.5 Public Sector Reform and Performance Contracting 7 14 21 33.3 Ministry of Tourism 4 8 12 33.3 Ministry of Housing 10 21 31 32.3 Ministry of State for Public Services 11 24 35 31.4 Ministry of Lands 16 36 52 30.8 Ministry of Cooperative Development and Marketing 10 24 34 29.4 Ministry of Immigration and Registration 5 13 18 27.8 Ministry of Information and Communications 5 14 19 26.3 Ministry of Youth Affairs & Sports 10 31 41 24.4 Ministry of Trade 9 28 37 24.3 Ministry of Finance 18 62 80 22.5 Ministry of Energy 4 15 19 21.1 Ministry of Planning, National Development 8 31 39 20.5 Ministry of Labour & Human Resource Development 14 55 69 20.3 Ministry of Higher Education 8 35 43 18.6 Ministry of Fisheries Development 2 9 11 18.2 Ministry of Livestock 58 282 340 17.1 Ministry of State for National Heritage and Culture 3 15 18 16.7 Northern Kenya and Other Arid Lands 1 5 6 16.7 Ministry of East African Community 2 11 13 15.4 Ministry of Public Works 4 22 26 15.4 Ministry of Forestry and Wildlife 1 6 7 14.3 Ministry of Agriculture 35 266 301 11.6 Office of President 16 137 153 10.5 Ministry of Special Programme 1 9 10 10.0 Ministry of Water and Irrigation 2 25 27 7.4 Ministry of Local Government 1 16 17 5.9 Ministry of Environment and Mineral resources 2 44 46 4.3 334 1,309 1,643 20.3 Table 34 shows that out of 1,643 officers on job P and above, surveyed in the civil service in May 2009, women were only 334 representing 20.3% of the workforce in that job category compared to 1,309 men in the same job category, representing 79.7%. It can be deduced from the forgoing information that employment and promotion of women in the civil service is tilted in favour of men. A large number of ministries demonstrate these disparities. Though efforts have been made by some ministries to employ and promote more women, 20

gender parity in numbers and placement in positions of decision making is still far from realization. To effectively mainstream gender in ministerial policy, planning and programming, there is need to increase the staffing of Ministries with qualified female officers at the top management. They will influence decision- making to favour both men and women. This will also improve gender equity in the civil service. PUBLIC PRIMARY SCHOOL TEACHERS EMPLOYMENT BY SEX The number of public primary school teachers by sex between 2000 and 2008 is shown in Figure 4. The total number of teachers declined by 1.8 per cent from 173,157 in 2007 to 170,059 in 2008, with male teachers constituting 54.0 per cent. The number of male teachers declined by 2.7 per cent from 94,264 in 2007 to 91,758 in 2008, while the number of female teachers decreased by 0.8 per cent from 78,893 in 2007 to 78,301 in 2008. Under the policy of replacing teachers exiting service through natural attrition, a total of 7,250 primary school teachers were recruited by the Teachers Service Commission in 2008 compared to 6,500 in 2007. This increased the proportion of public primary school teachers to that of male teachers. 21

Figure 4 NUMBER OF PRIMARY SCHOOL TEACHERS BY YEAR AND SEX 120000 100000 80000 60000 Female Male 40000 20000 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 YEARS Source: Ministry of Gender, Children and Social Development The figure 4 above show the proportion of female teachers in public primary schools to that of male teachers and how it has been changing between 2000 and 2008. The recent upsurge of teacher recruitment following the implementation of free primary education and the 30% affirmative action has raised the percentage of women relative to that of men between 2006 and 2008. PUBLIC SECONDARY SCHOOL TEACHERS EMPLOYMENT BY SEX Table 36 shows that the number of Public secondary school teachers declined by 2.9 per cent from 44,305 in 2007 to 43,016 in 2008. The number of male teachers declined by 2.5 per cent from 28,544 in 2007 to 27,838 in 2008, while the number of female teachers decreased by 3.7 per cent from 15,761 in 2007 to 15,178 in 2008. A total of 4,700 secondary school teachers were recruited in 2008 as compared to 3,500 in 2007. This has kept the proportion of female teachers in public secondary schools at an average of 35.2 for the last 9 years (2000 and 2008). 22

Table 36: NUMBER OF SECONDARY SCHOOL TEACHERS BY SEX, 2000-2008. Year Female Male Total %Female 2000 14017 26073 40090 35.0 2001 15711 29144 44855 35.0 2002 16077 29824 45901 35.1 2003 17361 29674 47035 36.9 2004 16390 31194 47584 34.4 2005 16478 30957 47435 34.7 2006 14961 27442 42403 35.3 2007 15761 28544 44305 35.6 2008 15178 27838 43016 35.3 Source: Teachers Service Commission The overall assessment of data in Table 36 shows that the number of female teachers has consistently remained at 35.2% compared to that of male teachers (64.8%) between 2000 and 2008. But in terms of affirmative action in employment of women, the teachers service commission ranks highly with regard to employment of teachers. DATA ANALYSIS ON RECRUITMENT AND PROMOTION OF WOMEN AND MEN IN PARASTATALS AS PER 20 th May 2009. According to data given from parastatals the picture remains the same as in Government Ministries. Majority of employees in all parastatals are men (M: 60.8%, W: 39.2%). The leading parastatals in terms of the high proportion of women employees are the Jomo Kenyatta Foundation, Public Service Commission, Teachers Service Commission, Kenya Reinsurance Corporation and the National Museum of Kenya, in that order of merit. The least three in terms of recruitment of female employees are Tana and Athi River Development Authjority, Kenya Airports Authority, and the Kenya National Bureau of Standards. Refer to table 37 and figure 5. 23

Table 37: EMPLOYMENT OF MEN AND WOMEN IN PARASTATALS BY SEX Parastatal corporation Female Male Total %Female Nyayo Tea Zone 88 272 360 24.4 National Museum of Kenya 36 38 74 48.6 Retirement Benefits Authority 19 25 44 43.2 Kerio Valley Development Authority 185 423 608 30.4 The Jomo Kenyatta Foundation 54 35 89 58.7 Kenya Re-insurance Corporation 52 48 100 52.0 National Housing Corporation 10 15 25 40.0 Tana and Athi Rivers Development 100 252 352 28.4 Kenya Plant Health Inspectorate services 125 258 383 32.6 Communication Commission of Kenya 57 81 138 41.3 Kenya National Examination council 164 209 373 44.0 Kenya Institute of Special Education 57 99 156 36.5 Kenya Airport Authority 392 1,033 1,425 27.5 KNBS 93 385 478 19.5 National AIDs Councils 52 79 131 32.3 Lake Basin Development Authority 90 185 275 32.7 Public Service Commission 94 77 171 55.0 Teachers Service Commission 1,320 1,142 2,462 53.6 Kenya Sugar Board 38 46 84 45.2 Total = 21 3,026 4,702 7,728 39.2 Source: Ministry of Gender, Children and Social Development 24

Figure 5 DISTRIBUTION OF WORKFORCE BY GOVERNMENT PARASTATALS Female 39% Male 61% Source: Ministry of Gender, Children and Social Development As shown in table 37 and figure 5 the proportion of women compared to male employees in parastatals is much lower. Evidence of positions held by men and women in government parastatals also shows that all parastatals do not have a significant number of women in senior positions of decision-making. Women mostly occupy junior ranks as secretaries, clerical officers and messengers. This scenario needs to be changed for gender equity in distribution of positions in parastatals. More qualified women need to be employed in senior management positions. This will increase the gender responsiveness of these organizations during policy formulation, planning, and programme implementations. To that end, Government funds going into programmes in these organizations will benefit women, men, girls and boys for sustainable development. 25

4. GENDER REPRESENTATION IN POLITICAL AND SENIOR DECISION- MAKING POSITIONS Kenyan women are making significant strides to develop their careers in the civil service and to enter previously male-dominated professions. Howerver, they are still grossly under-represented in the political, senior management and public decision making positions. Gender inequality is also still evident in the judicial Service despite some marked improvement in women s representation between 2005 and 2009. Table 39 gives details of employment in judicial service commission. TABLE 38: EMPLOYMENT OF MEN AND WOMEN IN THE JUDICIARY BY SEX Rank February 2005 June 2009 F M Total (%) F F M Total (%) F Chief Justice 0 1 1 0 0 1 1 0 Court of Appeal 0 9 9 0 1 9 10 10 Judges High Court Judges 10 39 49 20. 4 12 36 48 25. 0 Chief Magistrates 4 5 9 44. 4 5 9 14 35. 7 Senior principal magistrates 4 11 15 26. 7 5 13 18 27. 8 Principal Magistrates* 11 19 30 36. 7 12 23 35 34. 3 SRM 36 66 102 35. 3 38 62 100 38. 0 Resident Magistrates 33 44 77 42. 9 47 69 116 40. 5 District Magistrates(11) 14 24 38 36. 8 2 3 5 40. 0 Khadhis 0 17 17 0 0 17 17 0 Total 112 235 347 32. 3 122 242 364 33. 5 Source: Judiciary 2009 Data in table above shows that 90% of all the judges in the Court of Appeal are men while women constitute only 10%. Of all the High Court 26

judges, women constituted only 25.0%. Overall, the proportion of female public officers in the judiciary increased from 32.3% in February 2005 to 33.5% in June 2009. Except for Kadhis who preside over personal matters involving Muslims, and for the position of the Chief Justice, employment of women in all the positions in the judiciary has slightly increased. Although there has been an upward change in female representation, male representation in the legislature and in the top management positions in the civil service is still disproportionately higher than that of females in all the ranks. This is shown in Table 39. Table 39: POLITICAL AND SENIOR DECISION-MAKING POSITIONS BY SEX, MAY 2009. RANK May 2006 May 2009 Women Men Total (%) Women Women Men Total (%) Women President 0 1 1 0 0 1 1 0 Prime Minister 0 1 1 0 0 1 1 0 Deputy Prime Minister 0 0 0 0 0 2 2 0 Ministers 2 32 34 5.9 6 34 40 15 Assistant Ministers 6 40 46 13.0 6 46 52 11.5 National Assembly 18 204 222 8.1 22 200 222 9.9 Ambassadors/ High Commissioners 11 29 40 27.5 11 29 40 27.5 Permanent Secretaries (PS) 5 25 30 16.7 7 37 44 15.9 Provincial Commissioners (PC) 0 8 8 0 0 8 8 0 Deputy Secretaries 21 77 98 21.4 33 92 125 26.4 Councillors 377 2460 2837 13.3 393 2093 2486 15.8 Lawyers 1708 3277 4985 34.3 1763 3334 5097 34.6 Source: Department of Gender and Social Development, Electoral Commission, DPM Complimentary Statistics Unit 27

Data in the table above shows that women are grossly under-represented in top decision-making positions in the public service. The underrepresentation of women in key leadership positions is linked to a range of socio-cultural, political and economic factors. DATA ANALYSIS ON RECRUITMENT AND PROMOTION OF WOMEN IN MUNICIPALITIES, COUNTY & TOWN COUNCILS AS AT MAY 2009. Table 40: Municipal Council of Mombasa: Employees by Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above 2 11 13 Scale 6 to 9 20 64 84 Lower level staff Scale 10 and below 822 1,824 2,646 Total 844 1899 2743 Source: Municipal Council of Mombasa Table 41: County Council of Lamu: Employees by Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above - 3 3 Scale 6 to 9-2 2 Lower level staff Scale 10 and below 26 20 46 Total 26 25 51 Source: County Council of Lamu 28

Table 42: County Council of Suba: Employees by Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above - 2 2 Scale 6 to 9 1-1 Lower level staff Scale 10 and below 16 38 54 Total 17 40 57 Source: County Council of Suba Table 43; Town Council of Kangema Employees by Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above - 1 1 Scale 6 to 9 - - - Lower level staff Scale 10 and below 20 15 35 Total 20 16 36 Source: Town Council of Kangema. Table 44: County Council of Kwale Employees by Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above 1 1 2 Scale 6 to 9 - - - Lower level staff Scale 10 and below 57 103 160 Total 58 104 162 Source: County Council of Kwale. 29

Table 45: Municipal Council of Kiambu Employees by Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above - 3 3 Scale 6 to 9-2 2 Lower level staff Scale 10 and below 56 55 111 Total 56 60 116 Source: Municipal Council of Kiambu Table 46: Port Victoria Town Council Employees by Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above - 1 1 Scale 6 to 9 Lower level staff Scale 10 and below 10 15 25 Total 10 16 26 Source: Port Victoria Town Council Table 47: Town Council of Malakisi Employees by Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Scale 5 and above Scale 6 to 9 Females Male Total Lower level staff Scale 10 and below 7 10 17 Total 7 10 17 Source: Town Council of Malakisi 30

Table 48: Chuka Municipal Council Employees by Grade and Sex. Category Salary Females Male Total Grade Top management including heads of department Scale 5 and above - 1 1 Middle level staff Scale 6 to 9-1 1 Lower level staff Scale 10 and below 3 10 13 Total 3 12 15 Source: Chuka Municipal Council Table 49: County Council of Isiolo Employees by Grade and Sex. Category Salary Grade Females Male Total Top management including heads of department Scale 5 and above - 1 1 Middle level staff Scale 6 to 9 1 5 6 Lower level staff Scale 10 and below 71 165 236 Total 72 171 243 undesignated 8 7 15 Source: County Council of Isiolo Table 50: County Council of Kitui Employees by Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above - 2 2 Scale 6 to 9 2 3 5 Lower level staff Scale 10 and below 40 38 78 Total 42 43 85 Source: County Council of Kitui 31

Table 51: Town Council of Olkejuado Employees By Grade and Sex Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above - 1 1 Scale 6 to 9 2 3 5 Lower level staff Scale 10 and below 100 163 263 Total 102 167 269 Source: Town Council of Olkejuado Table 52: County Council of Tana River Employees by Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above - 2 2 Scale 6 to 9 Lower level staff Scale 10 and below 4 31 35 Total 4 33 37 Source: County Council of Tana Rive Table 53: Othaya County Council Employees by Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above - 2 2 Scale 6 to 9-3 3 Lower level staff Scale 10 and below 10 17 27 Total 10 22 32 Source: Othaya County Council 32

Table 54: Karuri Town Council Employees By Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above - 2 2 Scale 6 to 9-2 2 Lower level staff Scale 10 and below 32 20 52 Total 32 24 56 Source: Karuri Town Council Table 55: Busia County Council Employees By Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above - 1 1 Scale 6 to 9 1 1 2 Lower level staff Scale 10 and below 27 36 63 Total 28 38 66 Source: Busia County Council Table 56: Maragua County Council Employees By Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above 1-1 Scale 6 to 9 1 1 2 Lower level staff Scale 10 and below 79 70 149 Total 81 71 152 Source: Maragua County Council 33

Table 57: Lugari County Council Employees By Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above - 1 1 Scale 6 to 9-2 2 Lower level staff Scale 10 and below 36 69 105 Total 36 72 108 Source: Lugari County Council Table 58: Malaba Town Council Employees By Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above - 2 2 Scale 6 to 9 1 1 2 Lower level staff Scale 10 and below 18 55 73 Total 19 58 77 Source: Malaba Town Council Table 59: Municipal Council of Kakamega Employees By Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above - 3 3 Scale 6 to 9 2 3 5 Lower level staff Scale 10 and below 75 172 247 Total 77 178 255 Source: Municipal Council of Kakamega 34

Table 60: Municipal Council of Mumias: Employees By Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above - 2 2 Scale 6 to 9 1 2 3 Lower level staff Scale 10 and below 55 86 141 Total 56 90 146 Source: Municipal Council of Mumias Table 61: Municipal Council of Webuye Employees by Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above - 2 2 Scale 6 to 9 1 1 2 Lower level staff Scale 10 and below 27 63 90 Total 28 66 94 Source: Municipal Council of Webuye Table 62: Chogoria County Council Employees by Grade and Sex. Category Top management including heads of department Middle level staff Salary Grade Females Male Total Scale 5 and above 1-1 Scale 6 to 9-1 1 Lower level staff Scale 10 and below 11 10 21 Total 12 11 23 Source: Chogoria County Council 35

Authori ties WOMEN S PARTICIPATION AT CIVIC LEVELS: Although there has been an increase in participation of women in civic elections (between 2002 and 2008), usually held at the same time as parliamentary and presidential elections the overall representation of women in local authorities is very low. Refer to Table 63. TABLE 63: Women s Participation in Local Authorities County 102 9 1992 1998 2002 2008 Total Female %F Total Female %F Total Female %F Total Female %F 24 2. 245 201 8. 184 24.8 13 161 252 15.6 3 5 2 7.4 8 Municip al City Council Town Council Total 183 6 354 15 4. 2 55 4 7. 3 398 7 1. 8 50 2. 7 596 52 8. 7 446 60 13.5 391 63 16.1 69 7 10 113 13 11 99 15 15.2.1.5 572 40 7 431 56 13 378 63 16.7 369 2 300 8. 1 283 7 377 13.3 248 6 393 15.8 Source: Electoral Commission of Kenya, 2008 The data above shows that women participation in local authorities increased from 8.1 per cent in 1998 to 15.8 in 2008. However, the positions held by women are such that women employees make up less than 11% of the top-level management including heads of departments. Out of 23 local councils surveyed only the Municipal Council of Mombasa had 2 female employees in the top management. The County Councils of Kwale, Maragwa and Chogoria had one female employee each in top management. Other councils did not have female employees in top leadership positions. Women also constitute only 25.3% of the middle level staff in local councils. Majority of women (over 70%) employed in local councils are lower level staff working as sweepers in offices, markets and revenue collectors in bus-parks and markets. With devolution of resources to the grassroots, local councils are vital in decision-making regarding projects at that level. Currently, very few local council projects directly benefit women. This can be attributed to the 36

shortage of women in decision-making positions in local government organizations. Therefore, local councils should be encouraged to source for professional women to occupy managerial positions. Equally, women with requisite qualifications should apply for jobs advertised by local councils. CONCLUSION AND RECOMMENDATION The Government of Kenya is committed to the achievement of gender equality and seeks to increase women s participation in decision-making positions in the public service. To achieve this goal, the government is implementing the 30% affirmative action with effect from 2006. This affirmative action provides for at least 30% of all new recruitments and promotions in the public service to benefit qualified women. To this end, a good number of women have been recruited and promoted in various government ministries and parastatals. The police force is recognised for increasing the quota of female recruits and for laying emphasis on gender equity in promotions to higher ranks. All government organizations and the private sector in this country are encouraged to go in the direction of gender equity in staff placement in positions of decision-making. Women in positions of leadership have performed diligently without being involved in scandals. This shows that they are capable and should be supported. On the whole, the implementation of 30% Affirmative Action is being observed by government organisations but implementation is slow. This can be attributed to there being no enforcement mechanism to ensure compliance by government ministries and parastatals. It is recommended that a strong enforcement mechanism be put in place by the Public Service Commission. The monitoring function of the ministry of gender should be reinforced with financial support from the ex-chequer and development partners to carry out research in all government organisations from the grass-roots and to compile timely reports to effectively feed the proposed enforcement structure. 37

ANNEX 1 DISTRIBUTION OF WOMEN IN CIVIL SERVICE BY JOB CATEGORIES P and above 2% J-N 26% H and bel ow 72% Source: Ministry of Gender, Children and Social Development 38

ANNEX II DISTRIBUTION OF WORKFORCE BY GOVERNMENT PARASTATALS Female 39% Male 61% Source: Ministry of Gender, Children and Social Development 39

ANNEXIII: A SUMMARY OF CIVIL SERVICE RECRUITMENT BY MINISTRY AND SEX: MAY, 2009 MINISTRY Female Male Total %Female Ministry of Justice, National cohesion & constitutional 88 74 162 54.3 State Law Office 334 329 663 50.4 Ministry of Forestry and Wildlife 47 48 95 49.5 Ministry of Gender, Children and Social Development 669 738 1,407 47.5 Ministry of State for National Heritage and Culture 176 195 371 47.4 Ministry of East African Community 52 61 113 46.0 Public Sector Reform and Performance Contracting 34 40 74 45.9 Ministry of Higher Education 141 187 328 43.0 Ministry of Immigration and Registration 2,256 3,006 5,262 42.9 Northern Kenya and Other Arid Lands 20 28 48 41.7 Ministry of Planning, National Development 295 417 712 41.4 Ministry of Labour & Human Resource Development 376 534 910 41.3 Ministry of Special Programme 106 156 262 40.5 Ministry of Tourism 72 109 181 39.8 Ministry of Trade 224 361 585 38.3 Ministry of Cooperative Development and Marketing 403 651 1,054 38.2 Ministry of Energy 117 191 308 38.0 Ministry of Information and Communications 232 395 627 37.0 Ministry of Local Government 96 166 262 36.6 Ministry of Agriculture 2,591 4,484 7,075 36.6 Ministry of State for Defence 829 1,476 2,305 36.0 Ministry of Lands 1,155 2,114 3,269 35.3 Ministry of Youth Affairs & Sports 1,144 2,316 3,460 33.1 Ministry of Fisheries Development 239 507 746 32.0 Ministry of Housing 133 308 441 30.2 Ministry of Finance 693 1,722 2,415 28.7 Ministry of State for Public Services 24 60 84 28.6 Ministry of Livestock 1,575 4,032 5,607 28.1 Ministry of Environment and Mineral resources 292 837 1,129 25.9 Office of President 3,854 12,669 16,523 23.3 Ministry of Public Works 406 1,497 1,903 21.3 Ministry of Water and Irrigation 749 3,652 4,401 17.0 Total = 32=32/42*100=76.2% 19,408 43,348 62,756 30.9 Source: Ministry of Gender, Children and Social Development 40

ANNEX IV: A SUMMARY OF CIVIL SERVICE EMPLOYMNET ON J/G J TO N BY MINISTRY AND SEX: MAY 2009 MINISTRY Female Male Total %Female Public Sector Reform and Performance Contracting 15 5 20 75.0 Ministry of State for Defence 131 64 195 67.2 Ministry of Forestry and Wildlife 14 11 25 56.0 Ministry of Justice, National cohesion & constitutional 37 31 68 54.4 Ministry of East African Community 28 25 53 52.8 State Law Office 138 136 274 50.4 Northern Kenya and Other Arid Lands 13 13 26 50.0 Ministry of Special Programme 21 23 44 47.7 Ministry of State for National Heritage and Culture 73 94 167 43.7 Ministry of Higher Education 64 87 151 42.4 Ministry of Gender, Children and Social Development 231 325 556 41.5 Ministry of Tourism 37 58 95 38.9 Ministry of Planning, National Development 117 192 309 37.9 Ministry of Labour & Human Resource Development 145 249 394 36.8 Ministry of Immigration and Registration 393 688 1081 36.4 Ministry of Energy 42 82 124 33.9 Ministry of Local Government 46 94 140 32.9 Ministry of Trade 103 213 316 32.6 Ministry of Lands 366 762 1128 32.4 Ministry of Cooperative Development and Marketing 182 402 584 31.2 Ministry of Information and Communications 91 218 309 29.4 Ministry of Youth Affairs & Sports 389 948 1337 29.1 Ministry of Finance 344 871 1215 28.3 Ministry of Housing 39 106 145 26.9 Office of President 504 1,499 2003 25.2 Ministry of Livestock 649 2,401 3050 21.3 Ministry of Fisheries Development 53 218 271 19.6 Ministry of Environment and Mineral resources 138 569 707 19.5 Ministry of State for Public Services 4 20 24 16.7 Ministry of Agriculture 394 2,157 2551 15.4 Ministry of Water and Irrigation 226 1,445 1671 13.5 Ministry of Public Works 67 596 663 10.1 5,094 14,602 19,696 25.9 Source: Ministry of Gender, Children and Social Development 41

ANNEX V: A SUMMARY OF CIVIL SERVICE EMPLOYMNET ON J/G H AND BELOW BY MINISTRY AND SEX: MAY 2009 MINISTRY Female Male Total %Female Public Sector Reform and Performance Contracting 9 18 27 33.3 Ministry of State for Defence 692 1,406 2,098 33.0 Ministry of Forestry and Wildlife 32 31 63 50.8 Ministry of Justice, National cohesion & constitutional 41 30 71 57.7 Ministry of East African Community 22 25 47 46.8 State Law Office 165 171 336 49.1 Northern Kenya and Other Arid Lands 6 10 16 37.5 Ministry of Special Programme 84 124 208 40.4 Ministry of State for National Heritage and Culture 101 88 189 53.4 Ministry of Higher Education 69 65 134 51.5 Ministry of Gender, Children and Social Development 418 403 821 50.9 Ministry of Tourism 31 41 72 43.1 Ministry of Planning, National Development 170 194 364 46.7 Ministry of Labour & Human Resource Development 217 230 447 48.5 Ministry of Immigration and Registration 1,857 2,305 4,162 44.6 Ministry of Energy 70 94 164 42.7 Ministry of Local Government 49 56 105 46.7 Ministry of Trade 110 112 222 49.5 Ministry of Lands 783 1,316 2,099 37.3 Ministry of Cooperative Development and Marketing 211 225 436 48.4 Ministry of Information and Communications 124 163 287 43.2 Ministry of Youth Affairs & Sports 734 1,325 2,059 35.6 Ministry of Finance 331 789 1,120 29.6 Ministry of Housing 84 181 265 31.7 Office of President 3,334 11,033 14,367 23.2 Ministry of Livestock 867 1,346 2,213 39.2 Ministry of Fisheries Development 184 280 464 39.7 Ministry of Environment and Mineral resources 152 224 376 40.4 Ministry of State for Public Services 9 19 28 32.1 Ministry of Agriculture 2,162 2,062 4,224 51.2 Ministry of Water and Irrigation 520 2,181 2,701 19.3 Ministry of Public Works 336 877 1,213 27.7 13,980 27,437 41,419 33.8 Source: Ministry of Gender, Children and Social Development 42

ANNEX VI: Number of Primary School Teachers by Year and Sex, 2000-2008. Year Female Male Total %Female 2000 75461 103439 178900 42.2 2001 74491 106369 180860 41.3 2002 73380 104658 178037 41.2 2003 73972 104650 178622 41.4 2004 79042 99142 178184 44.4 2005 75926 95107 171033 44.4 2006 72752 90241 162993 44.6 2007 78893 94264 173157 45.6 2008 78301 91758 170059 46.0 Source: Teachers Service Commission ANNEX VII DISTRIBUTION OF WOMEN IN CIVIL SERVICE BY JOB CATEGORIES P and above 2% J-N 26% H and bel ow 72% 43

DISTRIBUTION OF CIVIL SERVICE WORKFORCE BY SEX DISTRIBUTION OF WOMEN IN CIVIL SERVICE WORKFORCE BY JOB CATEGORIES P and above 2% FEMALE 31% J-N 26% MALE 69% H and below 72% Source: Ministry of Gender, Children and Social Development Source: Ministry of Gender, Children and Social Development DISTRIBUTION OF CIVIL SERVICE WORKFORCE BY JOB CATEGORIES AND SEX 30000 27,437 25000 20000 NUMBER 15000 14,602 13,980 Female Male 10000 5000 0 5,094 1,309 334 P and above J-N H and below JOB GROUP 44