House makes last attempt at implementing Gender Bill

The National Assembly has launched a last-ditch attempt to change the Constitution to abide by the principle in the supreme law that at least one-third of all its members are from one gender.

Despite the enthusiasm displayed by Majority Leader Aden Duale and most of the MPs who approved the motion to exempt the previous Bill from House rules that had stopped its progress, the attempt might be too late.

This is because there must be at least 90 days between the First and the Second Reading of the Bill at the Senate if MPs approve the version that Mr Duale will be republishing after the approval of the motion.

The Majority Leader and the Majority and Minority Whips also have a difficult task at hand as they must get two-thirds of the House – 233 MPs – to be in the House for the vote on the Bill’s Second Reading and to vote for it.

When the Bill collapsed on May 5 last year, it was supported by 178 MPs and opposed by 16, but most MPs voted with their feet by deliberately staying away from the chamber.

PROPOSED CHANGE

Some even stood at the reception and monitored the proceedings from the television screens there as their colleagues in the bar cheered and clapped when Speaker Justin Muturi said, “The motion is negative.”

Still, Mr Duale  and other MPs put on a brave face as they went through the motions of getting support for the proposed change to the Constitution.

“This Bill was more of a middle-ground from all of the Bills that came to this House,” Mr Duale said.

He said that with a Bill to amend the Constitution needing the 90-day period between the first and the second Readings, “publishing a fresh Bill is not an option.”

“Let us go into the annals of history. That the Eleventh Parliament will be remembered for full implementation of this Constitution,” he implored.

DISSOLUTION

He however dismissed as inconsequential the order by a judge in March that  Parliament pass the law to implement the two-thirds principle in 60 days or face dissolution for failing to implement the Constitution.

“That risk is also not feasible. It’s not tenable. They can even do it today,” said Mr Duale.

His Bill was backed by both the heads of the Opposition and the ruling party and would have made it possible to nominate as many women or men as possible to meet the gender balance in Parliament after the elections. This would have been similar to what happens in the county assemblies.

An attempt in the Senate to have a similar Bill, sponsored by Judith Sijeny, flopped because of a quorum hitch.

SOLE OPPONENT

In the National Assembly last evening, Deputy Minority Whip Chris Wamalwa hinted at this possibility, saying: “We don’t have much members  and we’ll hope more come.”

Cherangany MP Wesley Korir was the sole opponent of the motion to excuse the Bill.

He said MPs had better look for another way to solve the dilemma of how to approve the gender principle rather than insist on Mr Duale’s Bill.

“We need to amend that part of the Constitution. We cannot force people to elect more women to this House. We need to encourage people to elect more women, not create more positions for women in this House,” he added.

PROGRESSIVELY

Peris Tobiko (Kajiado East, Jubilee), one of the 16 women elected in constituencies, said women are not after free seats in the House.

“Kenya women are ready to battle it out. We are not saying we meet it now, but let’s us do it progressively,” she said.

Mr Muturi said approval of the motion would pave the way for the Bill to be returned to the House,  and that can be as early as today. When he put the matter to the vote, only Mr Korir shouted Nay and the motion was approved.