Kenya and Somalia: Fragile constitutional gains for women and the threat of patriarchy

Much research has been done on patriarchy in numerous contexts in Africa, contributing to an understanding of the phenomenon. Recent developments in Kenya and Somalia, characterised by the adoption of new constitutions against the backdrop of stringent patriarchal practices, prompted the writing of this article. Kenya's journey towards gender equality has not been an easy one, given that prior to 2010 – when its new constitution was adopted – customary law that endorsed the violation of women's rights held precedence. For Somalia, over two decades of civil war had encouraged lawlessness, which acted as a barrier for women's progress. With the two countries' new constitutions now in place, expectations are high that past hindrances will be eradicated. Kenya and Somalia stand a good chance of achieving gender equality if lessons from other countries can be carefully considered to avoid a repeat of their failures. Using secondary and primary data, it is this article's argument that an honest dialogue on women's rights involving all relevant stakeholders needs to be initiated to tackle the deeper structural problem of patriarchy, which poses a huge threat to the gains achieved on paper.