MPs disagree on gender rule, Bill withdrawn

By PETER OPIYO

The saga around the controversial Constitutional (amendment) Bill on the one-third-gender rule deepened after an informal meeting of legislators failed to find a solution.

Consequently, fearing the Bill would not get the requisite two-thirds majority to pass, the Executive withdrew it from the House to build consensus.

Justice Minister Eugene Wamalwa and Chairman of the Constitutional Implementation Oversight Committee Abdikadir Mohamed announced the withdrawal.

The Constitution states that the National Assembly shall not have more than two-thirds of one gender. The amendment Bill creates special seats to bridge the gender gap.

Leader of Government Business in Parliament Kalonzo Musyoka initially appealed to acting Head of Civil Service Francis Kimemia to write a circular barring ministers from foreign travel in anticipation of debate on the Bill Tuesday.

Kalonzo further asked his party MPs to support the Bill as did Prime Minister Raila Odinga.

MPs have expressed varied opinions on how the matter could be addressed.

Tuesday, CIOC and Justice and Legal Affairs Committee met the Independent Electoral and Boundaries Commission but failed to agree on a formula that would entice MPs.

Also in the meeting were Attorney General Githu Muigai and Mr Wamalwa.

“We continue making progress, unfortunately we haven’t reached a consensus. We therefore see it prudent that the Bill be withdrawn to allow for consultations,” said Wamalwa.

Mr Abdikadir said they agreed that both the Executive and Parliament work on garnering support to ensure the Bill is passed. The Bill requires at least 148 of the 222 MPs to pass.

Abdikadir said they would still continue to look for options, but regretted they could not get the numbers. The Bill was to be discussed today.

Wamalwa is optimistic a deal would finally be struck.

Yatta MP Charles Kilonzo has proposed that two women representatives be elected in each county. This would bring the number of women to 94. But it is not clear how the remainder would be achieved.

bloated house

In a National Assembly of 349 MPs the membership of one gender should not exceed 233.

Joint Government Chief Whip Jakoyo Midiwo proposed that 80 new constituencies be scrapped and the seats allocated to women because the Bill creates a bloated National Assembly, which is untenable.

Midiwo said the Constitution should be amended to have not more than 150 MPs in the National Assembly and a constitutional referendum be carried out during elections so that the country can decide how many members they want.

The Bill is a safeguard measure to ensure the gender rule is met. The Bill also provides that political parties nominate women to plug the shortfall, according to their parliamentary strength.

Midiwo’s position differs from that of his party leader Raila, who has appealed to MPs to support the Bill.

“In the interest of the Constitution, the minorities and the disadvantaged, I urge all MPs, regardless of party affiliation, to support the Bill,” Raila said in a statement.

Chairman of the Parliamentary Committee on Justice and Legal Affairs, Njoroge Baiya, said his committee is supportive of the Bill but noted that the atmosphere has been poisoned.

“There is a clear disagreement on the matter so unless MPs are roped in then there will be a problem. The committee, however, supports the amendments,” said Mr Baiya.

MPs have held two informal meetings (Kamukunji) to strike a deal and marshal support for the Bill, but they have failed to agree.

Some MPs are opposed to the Bill, saying it would occasion a bloated National Assembly, which would be unsustainable.