No more than two
thirds of members of any elective or appointive positions shall be
of the same
gender. So forbids Constitutuition of Kenya 2010. The third gender
rule as
it is mostly referred to, has continued to get a ping pong in parliament, which is itself a target
of this provision.
Kenyan parliament remains dominated by men since 1963.
There have been efforts to realize this legal requirement in
the past. Most notably,
towards the general election of 2017. The majority leader in the National Assembly Mr.Aden
Duale tried his best but a greater portion of
legislators were reluctant to support him.
Perhaps the timing was wrong and members thought that the
act was likely to affect their
personal ambitions.
The women representative of Uasin Gishu, Gladys
Boss Shollei publicized her intent to table
a bill in Parliament to fix the gender rule issue with finality. For many months now, the leadership
of parliament has not given it chance to come to the floor.
Her bill intends to have women directly elected by the
people rather than relying on nominations
to fill the gaps because currently, Kenyan society has high patriarchal leanings and for this
reason we will continue to see more men elected than men for a long time to
come.
Nominations are prone to abuse by party leaders who often
fill slots with friends or relatives
with little regard to need for citizens to benefit from skilled people within the population.
Male
politicians have also a feeling that women are benefiting too much from nominations
yet they enjoy the same status as elected
members upon nomination.
The bill by Shollei will achieve the constitutional
threshold by pairing existing constituencies
and having such all pairs elect a
woman. During an election, all constituencies will have the
liberty
to elect their members of parliament without any consideration of gender.
On top of that, a separate ballot will be required for every
pair of constituencies to
elect a “women representative.”
This pairing up is not the same as merging. It is a concept
that has to be visualized and actualized. For now we have MPs elected in all constituencies within a county but on top of that there is one woman elected to
represent the whole county, hence the reference county member of parliament.
In this regard, Shollei’s bill does not seek to scrap the
position of women rep, rather it creates
similar positions in every two
constituencies.Going by the fact that we have two hundred and ten
units, it means the national assembly will automatically end up with at least
one hundred and five
women.
The county assemblies will also be positively affected. For
them, the intended legislation will seek to group wards in to threes and have them elect a woman besides each unit electing their own
member of county assembly.
This proposal in my view is best approach so far to settling
the third gender rule debate and a guaranteed smile on women faces. However, there have been a lot of opposition
to it already. Some Women Representatives have attacked Mrs. Shollei with a slant that she is so ungrateful
to even contemplate abolishing a position which she vied for and won in the elections of 2017.
The majority leader in the National Assembly
has begun a new initiative to address the same issue.
It will be interesting to see what he will achieve this
time. Mean while I call upon all women and all constitution loving Kenyans to
support the Gladys Shollei proposal. Her bill in some way cures the noisy
attempts of creating special constituencies for women.
Kenya Women legislators protest outside parliament in favour third gender rule/staardmedia |
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