that widows are entitled to pension benefits of public officers).8 Nor does it provide for any state
institutions, similar to the Zimbabwe Gender Commission, that are tasked with promoting and
developing gender equality and protection.
4.3 Government Representation
Botswana’s Constitution does not contain any provisions that explicitly guarantee the
presence of women in various government offices. In fact, the only evidence that the Botswanan
Constitution envisions female participation in government is its use of both pronouns “he” and
“she” when addressing various governmental positions.9 And unlike the Constitutions of Zimbabwe, Kenya, and South Africa, the Constitution of Botswana makes no provision for quotas to
ensure women’s representation in publicly-elected bodies at any level of the government.10
Botswana’s Constitution includes provisions to ensure that its elections are conducted
properly, freely, and fairly.11 Zimbabwe expands on these assurances to require the state to ensure that all eligible citizens are registered as voters.12
5. The 2010 Constitution of Kenya
5.1 Background
The Constitution of Kenya was promulgated in 2010. In general, its gender-specific provisions are less progressive than those of Zimbabwe. Its strongest gender equity guarantees cover
female representatives in all branches of government, but its bill of rights contains fewer explicit
gender equity protections than Zimbabwe.
The different approaches of the two constitutions are exemplified in how they define their
core values and principles. While Zimbabwe separates out “gender equality” as a specific founding value, Kenya provides a more general list of “patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people; human dignity, equity,
social justice, inclusiveness, equality, human rights, non-discrimination and protection of the
marginalized” as its national values.13 Both countries direct the State to recognize the women’s
rights and rectify discrimination.14
5.2 Bill of Rights
Kenya’s bill of rights does not have the same gender equity protections as the Zimbabwe’s. As noted, the Constitution of Zimbabwe explicitly mentions the rights of women in Chapters 2 and 4 covering national development, empowerment and employment creation, work and
labour relations, education, death penalty, labour rights, and maternity leave. Moreover, Zimbabwe’s Constitution contains provisions wholly dedicated to the rights of women and to gender
balance, which have no analogue in Kenya’s Constitution.
8
Id., Ch. 7, § 116(5).
See id., Ch. 4.
10
See id., Ch. 5.
11
See id. Ch. 5, § 65(a)(12).
12
See Zimbabwe Constitution, Ch. 7, § 155.
13
Id, Ch. 1, § 3(1)(g); Kenya Constitution, Ch. 2, § 10(2).
14
Compare Zimbabwe Constitution, Ch. 1, §§ 3(2)(i),(iii) with Kenya Constitution, Ch. 4, § 21(3).
9
5