Kenyan Woman Issue 28

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Issue Number 28 • July 2012

Issue Number 28 • July 2012

Realisation of gender rule in a limbo …By Faith Muiruri

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enyan women still need to fight hard to realise their political rights. Although the political landscape has for many years been typified by a low proportion of female representation, there are no clear mechanisms to ensure equal representation. Constitutional provisions notwithstanding, most proposals on how to realise the two thirds gender principle in Parliament ahead of the General Elections have been rejected. Not even proposals to amend the Election Act to compel political parties to comply with the two thirds principle while nominating candidates for elective offices has been positively received. Much remains to be seen of what becomes of the proposed Constitutional of Kenya (Amendment) Bill 2011.

Date

The Bill seeks to amend the election date and entrench the two thirds gender rule as part of the electoral practice in Kenya. If the bill becomes law, then political parties have no option but to nominate women MPs according to their strengths if those elected do not reach the two thirds threshold. However, this too appears headed for obscurity as debate shifts to the election date and delimitation of boundaries. Further, critics already feel proposals in the Bill may lead to Parliament having more than the constitutionally required 349 MPs. This leaves the Kenyan woman politically disfranchised despite the mandatory provisions of Article 81 (b) of the constitution. In fact, women candidates may now be forced to fend for themselves in the absence of a legislation to lend support to their candidature. It is against this backdrop that women rights activists plot to have the bill withdrawn to allow for the inclusion of more robust provisions on the gender rule. According to Jane Serwanga, Deputy Director FIDA Kenya, the Bill has been watered down by the

EDITORIAL

It is now time for women to go back to school

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hanks to President Kibaki’s intervention, Wanjiku and company can now heave a sigh of relief that she can vote for anyone of her choice as long as they are armed with a post secondary certificate. The controversial issue of whether to raise the bar for aspirants seeking elective positions split the country into two with most MPs opposing the constitutional requirement that they must be University graduates. The question critics are asking is whether time has come for Kenya to set a high bar for public officials in the legislature as is the case in the public sector and other arms of Government like the Judiciary and Executive. The idea may be noble and well intended, but critics especially in civil society and women’s movement say it may lock out many deserving and marginalised groups like women, people with disabilities, and those from arid and semi arid areas.

Fears

Civil society groups demonstrating in support of the new constitution. They demand that the constitution must be use to the letter. Picture: Kenyan Woman Correspondent unrelenting debate on the election date with the gender rule being relegated to the periphery. “Unless a new bill is crafted to capture the gender concern, we are likely to go to the elections without a clear roadmap on how to realise the gender rule,” notes Serwanga. She says this spells doom to the Kenyan tax payer who will have to contend with a bloated parliament.

Gender

“If we go to the elections without a clear formula on how to realise the two thirds gender principle, then we are likely to be confronted by trends that have characterised elections outcomes where women are virtually underrepresented. This means that parliament will be unconstitutional and the situation can only corrected by aligning the number of women to reflect constitutional provisions,” explains Serwanga in a stakeholder forum on the two thirds principle convened by the ICJ Kenya. Similar sentiments were expressed by Jill Ghai, a constitutional lawyer and director of Katiba Institute. According to Ghai,

the country may end up having as many as 402 legislators if the two thirds principle is not realised at the elections. This Bill should be withdrawn and presented afresh to give room for the realisation of the gender rule,” notes Ghai. However, she proposes numerous options which can be explored to increase the number of women representation in the country. Key among them includes the quota system which has helped to increase women representation in countries such as India. “Although the quota system has produced prolific results in the Indian Upper House, it has been rejected by their Lower House in the same way the Kenyan MPs rejected it in fear that they may be barred from defending their seats in their respective constituencies,” explains Ghai. She says that the quota system would have guaranteed the realisation of the gender threshold without amending the constitution. However, it violates people’s rights to choice by limiting their options

of candidate. Ghai notes that women elected under the quota system are also unable to build long-term credibility as effective representatives because of rotation. According to Charles Ouma, a principal lecturer at the Kenya School of Law, over 20 countries in Africa have either legislated quotas or political parties have voluntarily adopted them to increase women representation. He cites Egypt, Mauritius, Morocco, Mozambique, Namibia, Senegal, South Africa, Tanzania, the Democratic Republic of the Congo, Rwanda and Uganda.

Quota

And just like Ghai, Ouma warns that the quota system can lead to the fielding of sub-standard candidates, create a political glass ceiling, bloat legislature and manipulate by appointing constituencies. Another option that can be explored to increase women representation includes the adoption of the mixed member proportional Continued on page 4

A recent countrywide campaign to promote peace under the Tuvuke Initiative, confirmed the women’s fears in Garissa, Thika, Muranga, Isiolo, Nakuru, Kisumu, Eldoret, Nairobi and Busia. Said one participant: “It is not that we don’t want graduates to be elected to the legislature, what we are saying is that we need time until the next elections to prepare ourselves.” It is noteworthy that as a nation we will soon be celebrating our golden jubilee independence celebrations while still faced with the three diseases identified by the founder of the Nation, Mzee Jomo Kenyatta. These are illiteracy, disease and poverty. However, we must laud the Government for introducing and encouraging free primary education that has seen many children — girls and boys go to school. However, hearing our leaders talk about education, one would wonder whether we are “a nation of illiterates” as claimed by one of the MPs during the stormy debate on the Statute Miscellaneous Amendment Bill touching on electoral laws among others. Indeed, year in year out, our local colleges and Universities churn out thousands of graduates into the labour market who join the queues of unemployed men and women from all over the country. If the President had assented to the amendments, over 80 sitting MPs out of 220 would have had their political future brought to an abrupt end. That in itself shows how an ordinary Kenyan voter values education. They have cited marginalisation, historical injustices and discriminatory cultural practices against women since time immemorial as reasons for the problem. In other words, Kenyans are staring in the face of the full impact of what they voted for in the referendum, which most voters cast a YES vote for after heeding to calls by their leaders that there was no need to read the draft because they had already studied and given it a green light. Two years later, the full implication of what the comas and dots in the new Constitution mean is being felt as legislators burn the midnight oil to pass legislation to make it operational. Now Kenyans who want to vie for elective posts know why it is important to arm themselves with a post secondary education not only to better their own lives, but also to better their chances at the subsequent polls. As the old adage says, knowledge is power.


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Kenyan Woman Issue 28 by African Woman & Child Feature Service - Issuu