Women get Speaker Justin Muturi nod to go for ‘top-up’ to fill gender gap

After days of shrill uproar over a Bill postponing the deadline for implementation of the two-thirds gender rule, women leaders cornered Speaker Justin Muturi and piled pressure on him to sign off a Bill to amend the Constitution and allow for over 90 women to be nominated to the House after a General Election.

The women, led by chairman of the National Gender and Equality Commission Winfred Lichuma, Njeri Kabeberi of the Centre for Multiparty Democracy and Cecily Mbarire of the Kenya Women Parliamentarians Association (Kewopa) caught up with the Speaker in his office and insisted he had to approve the Bill.

In an interview in his office at Parliament Buildings, Muturi told The Standard on Sunday that he had “met, discussed and approved” the Bill signed by Mbarire for it to be assessed on fiscal implications by a parliamentary committee and the National Treasury.

“I have approved the Bill for pre-publication scrutiny because it is a money Bill and has to be approved for publication by the Budget and Appropriations Committee,” said Muturi in the Friday interview. He said all money Bills have to go through the key House team.
The Bill wants the country to go to the polls, then after its known how many women have been elected, political parties will be compelled to nominate women to top up and ensure not more than two-thirds of seats is held by the same gender. In the current Parliament, only 16 women were elected to represent 16 of the 290 constituencies. Add to that to the 47 women representatives per county, and five nominated women MPs and you end up with 68, that is, 49 short of the constitutional threshold.

The route the women have taken requires a referendum. It is a long route and may make the constitutional amendment through parliamentary initiative by Samuel Chepkonga (Ainabkoi) very appealing.

Chepkonga targets Article 81(b) to make sure this and subsequent parliaments strive to make laws to give women a shot in the arm in campaigns and in political offices. Chepkonga simultaneously wants to amend the Political Parties Act, the Independent Electoral and Boundaries Act, the Elections Act, the County Government Act and the National Gender and Equality Commission Act to boost participation of women in politics.

But Attorney General Githu Muigai argued that because the Supreme Court advisory was clear that the attainment of gender rules was “progressive”, there’s no need of amending the Constitution.

“The Supreme Court never said ‘go and amend the Constitution’. The Supreme Court said ‘take legislative measures’ and in my book, legislative measures means whatever measures under the law that we can bring to enact this rule. I do not expect that the Supreme Court will interfere with the process that we have already set in motion,” said the Attorney General at a closed-door meeting whose details The Standard on Sunday has pieced together.

No crisis

The AG does not think there’s a crisis. In fact, he has looked the Fifth Schedule of the Constitution and realised it is possible for the MPs to approve a year-long extension to allow for a political consensus and a legal deal on how to achieve the affirmative action in political seats.

But Lichuma says by introducing the word “progressive”, the amendment claws back gains Kenyans have made in achieving gender equality and inclusion in political leadership and make the timeline of achieving the two-thirds gender principle as envisaged in the constitution indefinite. “The option we have taken is to introduce our own bill to counter what Chepkonga had tabled in the House,” said Lichuma. Despite pressure from leaders among them Devolution Cabinet Secretary Anne Waiguru, Chepkonga has remained adamant, saying he cannot withdraw the Bill because it’s a committee sponsored one, not personal. Lichuma said President Uhuru Kenyatta and Opposition leader Raila Odinga should rally MPs to support the new Bill in Parliament.

“Kenyans are watching and the focus is on the two leaders to provide leadership over this matter. We have seen the President support women empowerment and even one third of his cabinet are women. He should ensure there is also gender balance in the National Assembly and the Senate,” added Lichuma.

Leaders from 48 organisations across Africa have also petitioned President Kenyatta to ensure the gender formula provision is implemented. “We take cognizance of the fact that Kenya has ratified international, regional and sub-regional instruments including the Universal Declaration of Human Rights, The Beijing Declaration and Platform Action, The African Union Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (Maputo protocol). In accordance to the Constitution of Kenya 2010, the commitments are part and parcel of Kenya law,” read a statement by the organisations.

“The government should uphold its commitment on women’s participation in politics and decision making and work with the National Assembly to ensure compliance with the two-thirds gender principle as enshrined in the Constitution,” read the statement in part.

The organisations added attempts to derail women empowerment through affirmative action was contrary to the commitment provided for in the ruling Jubilee coalition manifesto.

The organisations were drawn from Togo, South-Sudan, the Democratic Republic of Congo (DRC), Tunisia. Morocco, Seychelles, Uganda, Ethiopia, Egypt, Zimbabwe, Nigeria, Ghana, US, Switzerland and Cameroon.

—Additional reporting by Stephen Makabila