Gender commission faults MPs for passing party hopping law

The National Gender and Equality Commission has faulted Parliament for barring political party-hopping, saying this would hinder the achievement of the two-thirds gender representation.

The commission’s chairperson Winfred Lichuma said the National Assembly and the Senate risk being declared unconstitutional after the 2017 polls for failing to meet the one-third threshold of women representation.

This, she said, is because the law will prevent female aspirants who lose in nominations from shifting to other parties to contest for the seats, she said.

The commission will move to court to seek the dissolution of Parliament after it voted out proposals on provisions on the gender principle outlined in the Constitution and blocked the (proposed) alternative way to achieve the constitutional threshold, Ms Lichuma said.

Parliament was required to pass a legal framework for the realisation of the gender principle by August 27, 2015, but extended the deadline to August 2016.

The deadline, however, lapsed but no Bill to that effect has been passed.

A private member's motion in the Senate has twice failed to raise quorum.

RUINED WOMEN'S CHANCES

During an interview in Isiolo, Ms Lichuma said that by limiting them to one party, Parliament has ruined the only option for Kenyans to meet the gender rule through voting in women.

“Right now, Parliament is unconstitutional, but the Supreme Court allowed them to sit and gave MPs time to make the framework.

“They have been unable to give Kenyans the way forward so we will have to see whether the court can extend time or dissolve the House,” said Ms Lichuma.

She also faulted Attorney-General Githu Muigai for failing to give an advisory on the gender principle before Kenya heads to the next polls.

MPS SELFISH

She accused MPs of being selfish, saying they want to force Kenyans into premature elections.

“The Constitution, under Article 261, allows any Kenyan to move to court and seek dissolution orders of Parliament. As a commission, we are Kenyans and nothing can stop us from filing a suit for [the] dissolution of the House,” said the gender official.

Ms Lichuma regretted that parliamentarians had failed to honour the Supreme Court’s decision to put the House in order before the next polls.

“The same way the MPs have found a solution for the Independent Electoral and Boundaries Commission stalemate, they can also seek solutions for the two-thirds gender rule before we go for elections,” she said.

The gender activist, who officiated the Desert Wheelchair Race for the disabled in Isiolo on Saturday, said failure to sensitise political parties on the need to nominate more women to vie for representation in the National Assembly and Senate will also ruin the chance to declare the Houses constitutional.