Economic Survey reveals Judiciary leads all government bodies in female leadership
From left: Chief Justice Martha Koome (right) with her deputy Philomena Mwilu during the High Court Leaders Conference held in Mombasa on April 17, 2025. The 2025 Economic Survey shows that the Judiciary has the highest number of women at the decision-making table.
What you need to know:
The Judiciary leads in gender equity, with women holding top leadership and judicial decision-making positions.
Despite Judiciary progress, gender parity lags behind in other government sectors, with many counties flouting the law.
The gavel strikes, and history is made. As Martha Koome took her oath of office in 2021, she shattered a centuries-old barrier, becoming Kenya's first female Chief Justice after a rigorous recruitment exercise following David Maraga's retirement. This watershed moment marked just the beginning of a remarkable transformation within Kenya's judicial system.
Standing alongside Koome is Philomena Mwilu, who had been appointed as the third Deputy Chief Justice and Vice President of the Supreme Court of Kenya in October 2016. Together, these two women represent the pinnacle of a government body now recognised as the country's leader in gender equality at decision-making levels.
According to the 2025 Economic Survey released by the Kenya National Bureau of Statistics, the Judiciary boasts the highest proportion of women in key decision-making positions among all government institutions. The High Court leads with 46.5 per cent women judges, followed by the Supreme Court at 42.9 per cent and the Court of Appeal at 34.5 per cent. Even more impressive, women make up more than half of the magistrates serving in Magistrate's Courts nationwide.
The female leadership extends beyond the two highest offices. Women now occupy crucial administrative positions including Chief Registrar of the Judiciary, Principal Judge of the Employment and Labour Relations Court, Registrar of the Supreme Court, Registrar of the High Court, Registrar of the Environment and Land Court, and Registrar of Tribunals.
Speaking at the 17th International Association of Women Judges Africa region Conference in Kampala, Uganda, Chief Justice Koome reflected on this journey: "It has not been an easy journey to a position where Kenya now has the rare distinction of having the positions of Chief Justice, Deputy Chief Justice and Chief Registrar of the Judiciary occupied by women. We crossed the Rubicon in May 2021, and we regard it a rare opportunity to transform the Judiciary by eradicating all barriers that impede access to justice for all, especially the vulnerable."
She emphasised solidarity among women leaders, noting, "The more women get into positions of judicial leadership, the freer they are to be themselves…Contrary to popular belief, there is space for all of us at the top because we all have different contributions, strengths and aspirations."
The numbers tell a compelling story. As of 2022, Kenya had 91 male judges compared to 81 female judges, and 298 male magistrates against 295 female judicial officers. Gender experts suggest that with women comprising over 50 per cent of the Judiciary and 40 per cent of the bar, an incremental shift toward greater female leadership across all sectors seems promising.
The Judiciary has set the pace as the best-performing government body in terms of gender balance, successfully meeting the constitutional threshold that no more than two-thirds of office holders should be of the same gender. This progress represents a dramatic shift from earlier decades when social norms and gender stereotypes effectively excluded women from careers in the justice field.
Since the 1990s, significant progress has been made, with women's representation rising to near parity in law schools. The 2020 "Women's Professional Participation in Kenya's Justice Sector: Barriers and Pathways" report by the International Development Law Organisation confirms that the ratio of females to males enrolled in law schools across universities is almost equal, "with some schools having more girls in class."
The advancement of women in leadership extends beyond the Judiciary to constitutional commissions and independent offices, where women hold more than half of the chief executive positions.
Notable leaders include Nancy Macharia as CEO of the Teachers Service Commission (TSC), Dr. Purity Ngina at the helm of the National Gender and Equality Commission, Dr Margaret Nyakang'o as Controller of Budget, and Nancy Gathungu serving as Auditor General. The Judicial Service Commission is also led by Martha Koome.
However, the broader picture remains mixed. Women still occupy fewer decision-making positions than men across overall government roles. The Economic Survey indicates that women hold 42.5 per cent of ambassadorial positions, 34.2 per cent of county executive committee memberships, and 33.3 per cent of assistant county commissioner roles.
In 2023, the National Gender Equality Commission identified 12 counties that failed to comply with constitutional provisions on gender representation in senior positions. These counties—Isiolo, Embu, Laikipia, Kajiado, Siaya, Kericho, Samburu, Machakos, Migori, Meru, Isiolo, and Tan River—fell short of the two-thirds gender rule in appointing county executives and chief officers.
The Constitution, through articles 27(8), 81(b), and 197, requires that not more than two-thirds of members of elective and appointive bodies be of the same gender—a standard the Judiciary has successfully embodied, lighting the path for other institutions to follow.