The Role of the Judiciary in Constitution Making: The Two-Thirds Gender Principle in Kenya

The study examines the role of the judiciary in constitution making in postcolonial contexts. The judicial implementation of the constitutionalised gender quota (two-thirds gender principle) in Kenya’s 2010 Constitution is used as a case study. There are two interlocking themes that run throughout the study. The first is the story of the two-thirds gender principle as a tool to transform gender relations both in the public and private sphere – how did it end up in Kenya’s constitution framework? What purpose was it meant to achieve? What has been its implementation journey? The second is Rule of Law and constitutionalism in postcolonial states – there have been a proliferation of studies on decolonised perspectives of constitutionalism in the Global South. The study explores a gendered constitutionalism tin both stories through an empirical study involving judges, public interest litigators, constitution review experts and civil society stakeholders.