GOVERNORS' CONFERENCE: Gender commission advocates for election of more women to Parliament
The gender commission has warned of a possible constitutional crisis if the next Parliament does not meet the two thirds gender threshold set by the Constitution.
The National Gender Commission is instead advocating for the election of more women to the House to avert such a scenario.
On Thursday, commission chairperson Winfred Lichuma said: “The current National Assembly and Senate are clearly not properly constituted as they are at the moment. It has however been allowed to operate by a Supreme Court advisory opinion, which I believe, will not apply after the August 8 elections”.
She said: “So Kenyans, let’s go out and vote wisely in the forthcoming elections because if we don’t meet the two thirds gender rule, the provisions of Article 261 are very clear that a Kenyan will move to court to have Parliament declared unconstitutional. The danger is there. We are likely to have a constitutional crisis”.
In 2012, the Supreme Court ruled that the two-thirds gender rule cannot be achieved in the 2013 General Election.
The majority of the five-judge bench was of the opinion that the constitutional requirement, that not more than two-thirds of the same gender should occupy elective posts, is progressive and can only be achieved by August 27, 2015.
Only former Chief Justice and the then president of the Supreme Court Willy Mutunga had a dissenting opinion, ruling that there was still time for Parliament to enact appropriate legislation to ensure Kenyan women get the one-third gender representation in Parliament and the Senate.
IN PLACE
But justices Jacktone Ojwang’, Philip Tunoi, Smokin Wanjala and Njoki Ndung’u said if appropriate legislation are not in place by March 4, 2013, it would not apply to the next elections, but could only apply to County Assemblies.
“Bearing in mind the terms of Article 100 on promotion of marginalized groups and the Fifth Schedule providing time frames for enacting required legislation, we are of the opinion that legislative measures to give effect to the two-thirds gender principle in relation to National Assembly and Senate should be taken by August 27 2015,” ruled the judges.
However, both the Senate and National Assembly have, for the last two years, been unable to pass a constitutional amendment for the nomination of more women that would have averted this crisis due to lack of quorum.
Ms Lichuma made the revelations during a session on equality and inclusivity at the county level.
Thursday’s session deliberated on where the country is in terms of implementing equitable representation, promotion and marginalized groups, cultural diversity and gender.
Meanwhile, youth in Nairobi have received the lion’s share of the loans disbursed through the Youth Enterprise Fund since its inception.
Out of the Sh5 billion lent so far across the country, youth in Nairobi have received Sh2 billion, followed by Kiambu (Sh950 million), Muranga (Sh750 million) and Meru at Sh650 million.
At the devolution conference on Thursday, fund chairman Ronnie Osumba however expressed disappointment with the uptake of loans in a number of counties – with Turkana, for instance, being a major worry.
