Race for gender equality: Can I form a feminist political party?

Dear Vivian,

I’m a university student passionate about advancing women’s rights and addressing the systemic challenges women face. I want to start a political party grounded in a feminist agenda, exclusively open to women, to create a platform where women can lead and push for policies that prioritise these issues. Is it legally possible in Kenya to form such a women-only political party?

Mitchelle,

Kabarak University

Dear Mitchelle,

The desire to create a political party that advances women’s rights and addresses critical issues like femicide, gender-based violence, unequal representation, economic inequality, and harmful cultural practices is both commendable and necessary.

The Constitution serves as the supreme law and sets out guiding principles on equality, non-discrimination and political rights. It prohibits discrimination on any ground, including sex and gender, and allows for affirmative action measures designed to rectify past disadvantages suffered by marginalised groups, including women. This forms a strong legal basis for creating structures or institutions that prioritise women's representation.

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Additionally, the Constitution stipulates that not more than two-thirds of members of elective and appointive public bodies shall be of the same gender. This provision highlights the constitutional recognition of gender inequality and the need for corrective measures. It also guarantees every citizen the right to form or participate in a political party, run for office, and engage in political activities. This supports your right to form a party that aligns with your values and mission.

The Political Parties Act governs the formation and registration of political parties. It mandates that political parties must reflect a national character, have a membership that represents diversity, and promote gender equality. While the Act requires inclusion, it doesn’t explicitly prohibit specialised political parties focusing on a particular gender, especially if the aim aligns with the constitutional principle of affirmative action. 

However, it requires political parties to have no fewer than 1,000 members from each of most counties, which may complicate a women-only membership model. You may need to argue that your party promotes gender equality by empowering the historically marginalised group, hence fitting under the umbrella of affirmative action.

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While forming a women-only party may face legal hurdles under the inclusivity requirements, you can structure the party to prioritise women’s leadership and agenda while allowing supportive allies to join; ensuring compliance without losing your core mission. Alternatively, you could register a political movement or lobby group specifically for women’s rights, which faces fewer legal restrictions than a formal party.

Your vision aligns with Kenya’s constitutional commitment to gender equality and affirmative action. While a strictly women-only political party may encounter legal challenges under the Political Parties Act’s inclusivity provisions, a party with a feminist agenda that prioritises women’s leadership, membership, and policies while remaining technically open to all would be both legally sound and strategically powerful. I encourage you to seek legal assistance during the registration process to ensure your party’s structure balances legal requirements with your transformative mission.

Vivian

The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer (wakililegaleye@gmail.com).