Two Thirds Gender Rule Tenable

Debate on the realization of two thirds gender principle has elicited mixed reactions. Some reactions have been inaccurate while others from leaders usually expected to steer debate send the wrong message to the public.

Kenyans needs to recognize that the overwhelming support they gave to the Constitutional enactment entailed the gender requirement to ensure there is not more than two thirds of one gender in elective and appointive office. While appointive is more easily attainable, elective is not since it is pegged on many other factors.

In recent days, this issue has sparked debate primarily because the deadline for attaining it is August 27th 2015, as directed by the Supreme Court in 2012. Two main issues drive the Two Third’s Gender principle debate.

One, the chair of the legal affairs committee Hon. Samuel Chepkonga published a Constitutional amendment Bill which states that the realization of the two thirds principle be progressive. Hon. Chepkonga’s choice of words in effect dents any near future realization of the issue. By saying progressive, the proposed bill opens a door for an endless discussion of the issue.

Secondly, the Speaker of the National Assembly stated that Women Representative positions and nominated seats should be removed and in their place, 100 women be nominated. While the speaker has no vote, his sentiments send a message of a partisan chair who could oversee a critical governance issue.

Major opponents of this principle often cite the costs of implementing it. However, research by the Institute of Economic Affairs (IEA) in conjunction with Action Aid and the National Women Steering Committee (NWSC) has proven that the two Third Gender principle is tenable without much budget implications. It is clear from the research that:

  1. i) If 75 women are elected to Parliament; 70 to National Assembly and five to Senate, there would be no need to nominate any or amend the Constitution;
  2. ii) An additional seat in the National Assembly costs sh21.1M annually and sh31.3M one in the Senate seat. From the Auditor General's report, unaccounted for budgetary allocations are much more than what it would cost to implement this provision. For instance, the audited accounts of 2012/2013, reveal that Ministries and Departments failed to avail documents in support of various expenditure in excess of sh33B.

To move this principle forward, political will is key. The President must also stand up to be counted as he Jubilee manifesto was unequivocal on their support of the gender principle.

Research has also shown that Kenyans are as likely to elect women as much as men. This means that if supported, there would be no need to nominate any woman. This spotlights the importance of political party support in realizing this requirement.

The National Gender and Equality Commission (NGEC) proposed that article 177 be lifted and used to ensure Parliament complies just as County Assemblies. Perhaps the debate should be on counter proposals and how to enrich them and not defeat them. What say you?

 

Posted by Mzalendo Editor on May 8, 2015

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