Introduction
Equity pertains to fair and just distribution of all means of opportunities and resources between women and men (National Policy on Gender and Development 2019). It involves acknowledging and rectifying imbalances, recognizing that individuals have different strengths, and starting from various points. Thus, gender equity denotes fairness and justice in treating women and men according to their needs. It requires equal enjoyment by women and men of socially valued goods, opportunities, resources, and rewards. Inclusivity refers to equal access to opportunities and resources for excluded or marginalized individuals. Gender inclusivity in employment entails equal participation of men and women in the affairs of an organization or a country through access to opportunities and resources.
Accelerating gender equity and inclusivity in the country’s employment sector is imperative for fostering a fair, diverse, and sustainable workforce that harnesses the full potential of all individuals. The gender employment gap refers to the difference between the employment rate for women and men. The Constitution of Kenya (2010) emphasizes gender equity and inclusivity in employment. In addition, Article 27 guarantees equality before the law, prohibiting discrimination based on various grounds, including gender. It mandates affirmative action to rectify past discrimination. Article 41 ensures fair employment practices. Articles 27(6) and 81(b) require gender balance in elective or appointive bodies. Article 232 promotes transparent and gender-equal recruitment in public service. In addition, the two-thirds gender rule in the Kenyan Constitution mandates that no more than two-thirds of elected or appointed public body members can be of the same gender, as outlined in Articles 27(8) and 81(b). The presence of gender employment gaps, wage disparities, occupational segregation, and imbalanced representation in leadership roles highlights the lack of a truly equitable and inclusive employment sector. This blog examines issues of gender equity and inclusivity in employment in the areas of gender gaps, segregation, and gender imbalance in leadership roles, and the need to promote strategies for creating a more diverse and inclusive workforce that fosters Kenyan economic growth and social progress.
Status of Gender Equity and Inclusivity in Employment
Gender gap in employment
The gender gap in employment in Kenya is a significant issue, reflecting disparities in access to opportunities and economic empowerment between men and women. The general trend in employment is that more men are in the employment sector than women. While there has been progress, women continue to face challenges in accessing employment (Figure 1).
Figure 1: Employment rate by age group and gender, 2019 (%)
Overall, males have slightly higher employment rates than females across all age groups. Notably, the highest employment rates are typically observed in the middle-age brackets (35-59), while rates decrease slightly for older individuals (60-64).
Gender wage disparities
Gender wage disparities persist as a significant issue in Kenya’s workforce, reflecting deep-seated inequalities especially in the private sector. Despite advancements, women continue to earn substantially lower wages than their male counterparts. This wage gap is evident in various sectors, with women consistently receiving lower pay for similar work.
Figure 2 shows that women tend to earn lower wages compared to males in the private sector, proving the issue of gender wage disparities in the Kenyan employment sector.
Figure 2: Distribution of wage employment by gender and total Income (Ksh), 2018-2022
Gender imbalance in leadership roles
Gender imbalance in elective political leadership is a significant challenge for women in Kenya. Despite constitutional provisions and efforts to promote gender equity, women remain significantly under-represented in political leadership positions. This disparity is evident in both national and county levels of governance.
Figure 3: Gender imbalance in leadership roles (2002-2022)
Figure 3 tracks the number of female and male Members of Parliament (MPs) and Governors in specified years since 2002. Over time, there is a gradual increase in female MPS, reaching 81 in 2022 out of a maximum of 290 members, while male MPs still dominate in numbers. Female Governors show a similar upward trend, rising from none in 2013 to 7 in 2022, while the number of male Governors is relatively high.
Gender occupational segregation
Gender wage occupational disparities, particularly along gender lines, underscore systemic disparities in access to employment opportunities. Women frequently find themselves concentrated in sectors traditionally deemed “feminine” or associated with caregiving roles, such as agriculture and hospitality. In these industries, wages tend to be lower, and opportunities for advancement may be limited. Conversely, men dominate sectors such as manufacturing and technology, typically perceived as “masculine,” and offer higher-paying positions with greater potential for career growth. These disparities not only perpetuate gender inequalities in income and economic empowerment but also reinforces stereotypes about suitable roles for men and women.
Figure 4: Gender occupational segregation disparities in 2021 and 2022
Figure 4 shows the gender occupation segregation disparities across various industries in 2021 and 2022, categorized by gender. It highlights wages earned by all genders in different sectors. For instance, employment in agriculture increased for males but remained stable for females. Similar trends in other sectors provide insights into gender-specific employment patterns. In the public service, the government has developed policies for equal work for equal pay, such as gender mainstreaming from recruitment to remuneration.
Gaps in Gender Equity and Inclusivity in Employment
Gender equity and inclusivity in employment poses significant challenges in Kenya, marked by several gaps across various sectors. Notwithstanding existing policies intended to bridge the gender employment gap and promote inclusivity within the employment sector, enforcement mechanisms have remained ineffective, fostering non-compliance from organizations.
Gender gap in employment
The Employment Act of 2007 requires review to incorporate principles of equity, not solely equality, in employment under Section 5. The Labour Relations Act of 2007 lacks equity provisions, focusing exclusively on equal opportunities for workers irrespective of gender. The Public Service (Values and Principles) Act of 2015 requires policies and regulations to promote equitable gender representation within the public service. The National Gender and Equality Commission (NGEC) needs to enforce existing policies to attain the targets.
Gender wage disparities
Despite this legal endorsement, women earn less than their male counterparts. Discrimination, education, and unionization are fundamental elements influencing the gender wage gap and the prejudice of women. Reviewing and enforcing equal pay for equal work policy will be necessary. There is also need to review the Affirmative Action policy to include equity in traditionally male-dominated fields and vice versa.
Gender imbalance representation in leadership roles
The SDG 5 targets women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic, and public life. More support is needed to implement Articles 27(8) and 81(b) of the 2010 constitution. In addition, the lack of implementation of the gender equality provisions in the Elections Act of 2011, Political Parties Act of 2011, and County Governments Act of 2012 exacerbates the issue. Furthermore, the National Gender and Equality Commission Act of 2011 does not provide sufficient enforcement power for the NGEC to ensure equity in leadership representation during the electoral process.
Gender occupational segregation
We need appropriate occupational segregation policies to operationalize the Employment Act 2007 within the private sector. The provisions in the Public Service (Values and Principles) Act of 2015 that incorporate gender parity provisions applicable to private sector workplaces are inadequate. Adequate affirmative action policies are needed to ensure equity in both traditionally male-dominated and female-dominated fields in the private sector. Insufficient funding is required by the National Gender and Equality Commission (NGEC) to intensify public sensitization of workers regarding gender employment equity rights within the private sector.
Conclusion and Recommendations
The journey towards advancing gender equity and inclusivity in the employment sector is a matter of social justice and a strategic imperative for the nation’s sustainable progress. The multifaceted approach outlined, encompassing legal and administrative reforms, compliance measures, policy implementations, and targeted programmes, reflects a commitment to eliminating barriers that hinder either gender’s full participation in the workforce. However, though notable efforts have been made, persistent disparities in employment, occupational representation, and limited access to women’s leadership roles underscore the need for sustained affirmative action. Recognizing these challenges is the first step towards building a more equitable and inclusive workforce that leverages the talents of all citizens.
Addressing the gender gap, wage disparities, and occupational segregation in employment requires implementing and enforcing gender-sensitive policies to combat discrimination and promote equitable representation by giving NGEC enforcement powers. This includes reviewing and enforcing gender quotas or affirmative action policies in the public and private sectors. To tackle gaps in occupational representation, targeted support for women’s education and skills training is crucial, enabling access to higher-pay jobs by offering vocational training programmes tailored to address the skills gap. To address gender imbalance in leadership roles, enforce the gender equality provisions in the Elections and the Political Parties Acts of 2022 to promote gender equity in political representation and reserve nomination slots for women, which can help meet the two-thirds gender rule. In addition, upholding gender balance in governor-deputy governor pairs can promote gender equality in leadership positions across all counties.
Authors: Joab Onyango Odhiambo and Mercy Deche, Young Professionals, KIPPRA
