Parliament must rise up against gender bias

The National Assembly has yet again failed to stand up to discrimination based on gender. Last Wednesday, the august House failed to raise requisite numbers in voting for a Bill that would provide a mechanism for the realisation of the two thirds gender principle. This principle upholds that no more than two thirds of members of elective or appointive public office shall be of the same gender. This is a constitutional requirement under Article 27

Events in the National Assembly on a day widely anticipated to mark a historic vote on the Constitution of Kenya (Amendment) (No.4) Bill 2015 were disappointing for proponents of gender equality.

A Bill sponsored by Homa Bay MP Peter Kaluma, that shields the National and County Assemblies from ‘interference’ by the courts had no problems marshalling 245 votes against five to sail through. Essentially, this means if it becomes law, then the Constitution will be amended to bar courts from issuing injunctions against matters before the National and County Assemblies.

An amendment to the Kaluma Bill is intended to grant the National and County Assemblies, “immunity for every decision taken in the House as long as it is done in good faith.”

It would be sad for the country’s first constitutional amendment to be one that appears to serve the interests of a select few.

It is notable that raising the required two thirds or 233 votes out of 349 to push through the gender Bill proved a daunting task. Although 195 legislators spoke in favour of an amendment that would ensure at least one third of members in the National Assembly and Senate were women, the numbers fell short of meeting the threshold required to change the law.

That said, the numbers raised in support of the gender Bill, though falling short, showed a rare glimpse of a bridging of the political divide, with members from across all parties supporting the Bill. Should this be taken at face value then it would be an indicator that a good number of leaders in the House are beginning to realise that the Gender Bill is not about women. Neither is it another way for women to get ‘free seats to Parliament’.

As such it behooves the National Assembly to rise up and be counted by putting in place legislation to effect what is constitutionally provided.

The gender Bill will come before the National Assembly again on Thursday. Therefore, next weeks’ vote will be crucial and so we urge the honourable members to stand up for the nation’s greater good. It would be unfortunate for this House to go down in history as one that had members who were only out to look out for their own interests.