How women plot to get seats in House

By Moses Njagih

In an effort to stave off a possible constitutional crisis next year, the electoral body and a women’s lobby have proposed a formula to ensure at least 33 per cent of all elective posts are held by women. The plan is to rotate women representation among the constituencies using a formula developed by the Interim Independent Electoral Commission and the Women Political Alliance.

This is to meet the requirement of Articles 27(8) and 81(b) of the Constitution that say neither gender should hold more than 66 per cent (two-thirds) of all elective public bodies and appointive positions.

It has been the IIEC’s fear that Kenya’s history of entrenched discrimination that skewed political and other representation in favour of men, might ensure that next year’s General Election misses the benchmark set by the new laws resulting in a constitutional crisis.

The formula is 72+53=125, where 72 women will be selected to join the National Assembly. The current 290 constituencies will be clustered in groups of four based on proximity. Each group will cast lots to decide which one will front a woman candidate in the election to pick the woman candidate.

In addition, the Article 97(b) of the Constitution provides that an additional 47 women must be elected by the counties with "each county constituting a single member constituency" bringing the total to 119. Another 6 women will be nominated by political parties to represent youth, people with disabilities and workers.

This will see the total representation of women in the new Parliament reach 125 members.

The women, in a communiquÈ presented to IIEC Chairman Isaack Hassan said this would ensure each of the clustered constituencies produces a woman representative for Parliament.

According to the proposal, the lot would again be cast among the remaining three constituencies at the end of the Parliament’s term, until each gets to send a woman to Parliament.

The women even worked on the mathematics of the seats by

"It is universally accepted that the one-third principle for representation is the critical mass for effective participation. It is the critical mass of women needed to influence decisions. Therefore clustering of constituencies into groups of four gives us a realistic percentage and a formula that is widespread for attaining the principle of not more than two third principle representation," the women stated in their communiquÈ.

They termed their proposal as realistic, and urged the electoral body to give it a serious consideration as they seek to ensure compliance with the new laws.

"It is realistic and brings Kenyans closer to achieving the principle that not more than two thirds of elective or appointive bodies (in this case parliament) are of the same gender," they said.

rotation

They argued that the system does not affect the political composition of Parliament because each party has the right to field a woman candidate in the constituency, but said the methodology on how the rotation will be carried out will be left to the electoral body.

The women argued that since the balloting to determine which constituency to be reserved for women will be done before the elections, it will give male candidates ample time to vie for any other elective post in the affected constituency.

They said the system would ensure patriarchal communities, which will otherwise not give women a chance to represent them, are forced to elect one.

But Gender and Children Minister Naomi Shaaban, who accused the alliance of selectively looking at the law in their quest to push for the affirmative principle, dismissed the radical proposal.

Shaaban claimed the proposal is unconstitutional because it is discriminative against male candidates in contravention of Article 97(2) of the Constitution.

"It cannot even get to the floor of the House. We must not get ourselves in crisis by making proposals that are in themselves unconstitutional," she said.

Compliance

The minister said the women selectively read Article 27 (8) to further their case, ignoring other parts of the same article that outlaws any form of discrimination.

"My advice is that we should not be emotional in handling this issue to a point of making proposals that are unconstitutional. If that proposal would be fronted it would be thrown out before going anywhere," she said.

The minister said the only way to cure the problem would be in amending Articles 97 and 98 to provide an express law that would ensure compliance in elective positions of both the National Assembly and the Senate.

On her part Special Programmes Minister Esther Murugi said she would have first to look at the proposal of clustering constituencies, but added that any proposal must not contravene the Constitution.

"Modalities have to be worked out on how the principle can be achieved without going against the law," said the Nyeri Town MP.

Murugi, however, said it might require the Government to set aside specific constituencies for women candidates if they fail to offer their candidature for financial implications.

"That is what happens in Uganda and Rwanda and if need be we should also adopt the same system here in Kenya to ensure compliance with the law," said Murugi.