Build consensus on gender principle, commission advises Githu and CIC

The commission on gender equality on Thursday asked for quick consensus building on a practical formula for the realisation of the two thirds gender principle.

The commission said the process requires sobriety in view of its political implications.

This call follows a blame game in which Attorney-General Githu Muigai has been put on the spot for not advising the country on the consequences of a failure to meet the two-thirds gender rule.

The National Gender and Equality Commission (NGEC) said the AG and the Charles Nyachae-led Commission for the Implementation of the Constitution are yet to propose laws that would enable Kenya to meet the threshold.

NGEC legal officer Dona Anyona said no progress had been made to beat the August 27 deadline.

NECESSARY LAWS

She said both the Senate and the National Assembly could be declared improperly constituted after the deadline.

The Constitution demands that no gender should take more than two thirds of elective posts.

The Supreme Court gave Parliament until August to pass the necessary laws to achieve the goal.

The legal officer said Kenyans, including women, voted for the new Constitution and would not let the law be abused as far as the issue of their representation in Parliament was concerned. 

Speaking at a meeting of women leaders from Kisumu County, Ms Anyona said there would be no negotiations on the matter since it remained a question of the Supreme Law.

MISSING THE DEADLINE

“We have to do what it takes to ensure that the required framework is in place for equality,” said Ms Anyona.

Law Society of Kenya Chairman Eric Mutua told the Nation by telephone that there would serious consequences should the the deadline be missed.

The highest court in the land set the August 27 when the AG sought its opinion, warning that the laws should be in place by then.

“Parliament must come up with a consensus if the gender rule is not implemented as required by the Constitution. We are likely to get into a constitutional crisis since any court can declare any business done after the deadline a nullity,” said Mr Mutua.

He said the issue was bogged down by the complexities of the political and economic challenges that come with its implementation.

NULL AND VOID

“We cannot blame any constitutional body for this crisis since it is not an intention of any quarter to derail the gender-rule agenda. The political complexity must be resolved,” said Mr Mutua.

Senators, among them Prof Anyang’ Nyong’o (Kisumu) and Hassan Omar (Mombasa), have been vocal about the need to implement the gender law.

Gender Commission chairwoman Winfred Lichuma, who was not at the Kisumu forum, said in a telephone interview that Parliament had no choice but to pass the law.

Senator Omar said if the deadline expired before any changes were made to the rule, Bills passed by the two Houses may be rendered null and void.

GENDER EQUATION

“After next month, people will question the credibility of the Bills generated in both Houses, with claims that they are not properly constituted. This will paralyse their functions,” Mr Omar said.

Ms Anyona said it was up to the constitutional bodies to ensure that Kenya get the gender equation right.

“We cannot let our country have only 19 per cent representation of women in Parliament. Countries such as South Sudan, Burundi, Rwanda, Sudan, Tanzania and Uganda (have) at least above 28 per cent, with others at 63 per cent,” said Ms Anyona.