Nyachae wants Bill to amend laws dropped
PHOTO | FILE
CIC chairman Charles Nyachae said Mr Kilonzo should publish a new Bill that would specifically seek to identify ways in which the gender equality provisions of the Constitution should be implemented.
The Commission for the Implementation of the Constitution wants Justice minister Mutula Kilonzo to withdraw the Constitutional Amendment Bill introduced in Parliament late last year.
CIC chairman Charles Nyachae said that Mr Kilonzo should instead publish a new Bill that would specifically seek to identify ways in which the gender equality provisions of the Constitution should be implemented.
He told a gender equality conference in Nairobi on Tuesday that having a Bill that sought to change the election date was no longer necessary since the High Court had already dealt with the issue.
“At CIC, we do not see any other option. Our position has always been that the only way Article 80(b) of the Constitution can be implemented is through amendments without offending any other part of the Constitution.
“However, it was mischievous that the amendment Bill carried with it a proposal to change the election date,” he said.
Mr Nyachae argued that having the Bill based on the election date and then have another clause seeking to expand the method of solving the gender disparity would railroad those seeking to solve the disparity mystery to vote for the election date as well.
“Our position will be that the ideal way forward is for the minister to withdraw the amendment Bill and have a fresh one published to amend the Constitution for the ease of implementing Article 81(b),” said Mr Nyachae.
This article, according to the Constitution passed in 2010, states that “not more than two thirds of the members of elective public bodies shall be of the same gender”.
But there has been no further explanation on how this provision can be attained without compromising the democratic rights of voters, rights they also enjoy under the same Constitution.
The CIC had earlier mulled over the idea of having constituencies compelled, in turns, to elect women voters or that the number of seats in Parliament be increased to accommodate the under-represented gender.
But Mr Nyachae said the suggestions were dropped because they faced a possible legal challenge from voters.
Mr Kilonzo introduced the Constitution of Kenya Amendment Bill, 2011, to Parliament in November last year.
