Both constitutions provide for the creation of a Human Rights Commission.31 Zimbabwe,
however, also provides for the creation of a separate Gender Commission, “to monitor issues
concerning gender equality to ensure gender equality as provided in this Constitution.”32 In contrast, Kenya includes gender equality issues as part of the work for its Human Rights Commission, instructing it “to promote gender equality and equity generally and to coordinate and facilitate gender mainstreaming in national development.”33 Zimbabwe and Kenya include gender balance as an interest that should guide policy on agricultural land.34
The Constitutions of Zimbabwe and Kenya also contain explicit quotas for women in
governmental bodies. For instance, the Zimbabwean National Assembly is required to have
60 women, while the Kenyan National Assembly must have 47 women.35 The electoral law in
both countries also reserves seats for female representatives.36 In fact, in selecting members of
the Judiciary, Kenya’s Constitution has gender quotas for members of the Judicial Service
Commission and is directed to promote gender equality.37 Zimbabwe’s Constitution, however,
has no such analogue.
The Constitution of Kenya is also more progressive when it comes to provincial and metropolitan councils, as it provides that only two thirds of the representatives for these bodies can
be of the same gender.38 In contrast, the Constitution of Zimbabwe only provides that in provincial council elections, “male and female candidates are listed alternately, every list being headed
by a female candidate.”39 Similarly, while Kenya’s Constitution sets quotas on female Senate
membership,40 Zimbabwe’s Constitution only provides that male and female candidates are to be
alternately listed on the party list.41
Zimbabwe’s Constitution does, however, have some provisions on gender equity in government work that have no analogue in Kenya. These provisions include the appointment of ministers and deputy ministers, public access to and involvement in parliament, metropolitan councils, and the establishment of the Zimbabwe Land Commission.42 But Kenya’s Constitution refers to gender equality in its provision on the Parliamentary Service Commission, which has no
analogue in Zimbabwe.43
31
32
33
34
35
36
37
38
39
40
41
42
43
Compare Zimbabwe Constitution, Ch. 12, § 243 with Kenya Constitution, Ch. 4, § 59.
Zimbabwe Constitution, Ch. 12, § 246.
Kenya Constitution, Ch. 4, § 59.
Compare Zimbabwe Constitution, Ch. 16, § 289 with Kenya Constitution, Ch. 5, § 60(1)(f).
Compare Zimbabwe Constitution, Ch. 6, § 124 with Kenya Constitution, Ch.8, § 97(1)(b).
Compare Zimbabwe Constitution, Ch. 7, § 157 with Kenya Constitution, Ch. 7, § 90.
Kenya Constitution, Ch. 10, §§ 171-72.
Id., Ch. 11, § 175 (c).
Zimbabwe Constitution, Ch. 14, § 268.
Kenya Constitution, Ch. 8, § 98(1).
Zimbabwe Constitution, Ch. 6, § 120.
Zimbabwe Constitution, Ch. 5, § 104(4); Ch. 6, § 149; Ch. 14, § 269;, Ch. 16, § 296.
Kenya Constitution, Ch. 8, § 127(2).
8