The Constitution of Kenya creates a platform for gender equality and non-discrimination. It also provides a fresh impetus for a national policy to chart a roadmap for the attainment of the constitutional provisions.

Article 10 of the Constitution is on the National Values and Principles of governance. It highlights such principles as equality, equity, inclusiveness, and non-discrimination. These principles provide an anchor for gender equality.

Further, Article 27 (1) provides that every person is equal before the law and has the right to equal protection and benefit; Article 27 (3) provides that women and men have the right to equal treatment including the right to equal opportunities in political, social, economic and cultural spheres.

The Constitution also outlaws discrimination on any basis including, pregnancy, race, sex, marital status, health, ethnicity or social origin, color, age, disability, religion, conscience, belief, culture, dress, language, or birth in Article 27 (4).

The State Department for Gender in the Ministry of Public Service, Youth, and Gender is responsible for promoting gender equality and empowerment of women in Kenya.

One of its key responsibilities is to promote the development and review of gender policies and legislation. The Department has developed this National Gender and Development Policy as a review of the Gender Policy adopted by the cabinet in 2000.