But there is some overlap in gender equity guarantees in the bills of rights of the two countries. This is most evident in the equality and nondiscrimination provisions, which the two constitutions match word for word: “women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural, and social spheres.”15 Other similar provisions include further sections of the equality and nondiscrimination clause,16 the right to health care,17 the protection of the family clause,18 and the right to consent to marriage.19 There are some gender equity provisions which, while present in both constitutions, appear to be more progressive in Zimbabwe’s than Kenya’s, particularly on the subject of reproductive health. For instance, Zimbabwe has a clause on the right to personal security, which states that “every person has the right to bodily and psychological integrity, which includes the right—subject to any other provision of this Constitution, to make decisions concerning reproduction.”20 In contrast, Kenya’s Constitution states that “abortion is not permitted unless, in the opinion of a trained health professional, there is a need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.”21 A similar contrast is seen in right to life provisions. While Zimbabwe’s Constitution states that “an Act of Parliament must protect the lives of unborn children and that Act must provide that pregnancy may be terminated only in accordance with that law,” Kenya’s Constitution provides that “the life of a person begins at conception.”22 The Kenyan clause is more direct and less subject to interpretation than that of Zimbabwe’s. Both constitutions use similar unambiguous language in limiting marriage to people of the opposite sex.23 Unlike in Zimbabwe, Kenya explicitly provides for existence of Kadhis courts, which apply Muslim law in matters relating to personal status, marriage, divorce, and inheritance.24 Moreover, Kenya’s Constitution directs that its provisions on equality shall “be qualified to the extent strictly necessary for the application of Muslim law” in these courts. Another provision contained in the Kenya’s Constitution but not in Zimbabwe’s is affirmative action—Kenya explicitly permits affirmative action programmes designed to redress past discrimination.25 Zimbabwe has no analogue provision. 5.3 Government Representation Kenya and Zimbabwe have structured their governments slightly differently, which makes a direct comparison of their constitutional provisions on government representation complicated. Both countries, however, dedicate themselves to having female public servants, which 15 16 17 18 19 20 21 22 23 24 25 Compare Zimbabwe Constitution, Ch. 4, § 56(2) with Kenya Constitution, Ch. 4, § 27(3). Compare Zimbabwe Constitution, Ch. 4, § 56(3) with Kenya Constitution, Ch. 4, §§ 27(4)-(5). Compare Zimbabwe Constitution, Ch. 4, § 76(1), with Kenya Constitution, Ch. 4, § 43(1)(a). Compare Zimbabwe Constitution, Ch. 2, § 25(a), with Kenya Constitution, Ch. 4, § 45(1). Compare Zimbabwe Constitution, Ch. 2, § 26(a), with Kenya Constitution, Ch. 4, § 45(2). Zimbabwe Constitution, Ch. 4, § 52(b). Kenya Constitution, Ch. 4, § 26(4). Compare Zimbabwe Constitution, Ch. 4, § 48(3) with Kenya Constitution, Ch. 4, § 26(2)(d). Compare Zimbabwe Constitution, Ch. 4, § 78(3) with Kenya Constitution, Ch. 4, § 45(2). Kenya Constitution, Ch. 4, § 24(4). See id., Ch. 4, § 27(6). 6