Setback as Senate fails to vote on Bill

Senators on Wednesday failed to vote for the two thirds gender rule, after lacking the quorum to pass a constitutional amendment for the nomination of more women MPs.

There were 22 men and six women in the Senate of 67 members, prompting Deputy Speaker Kembi Gitura to defer the vote for another day, putting on ice the vexing Bill by Nominated Senator Judith Sijeny.

The Constitution of Kenya (Amendment) Bill seeks to have more women nominated to Parliament through party lists, progressively, and be reviewed after 20 years, to meet the gender rule, providing that not more than two thirds of one gender fill up elective and appointive positions.

The Gender Bill, moved by National Assembly Majority Leader Aden Duale, which has similar provisions as the Senate one, was shot down by MPs, despite intensified lobbying by women parliamentarians, resulting in a walkout from the House.

Senators had hoped to beat the August 27 constitutional deadline for the passage of the Bill, after MPs extended it by one year.

Failure to pass the law might trigger the dissolution of Parliament, should someone file a case in High Court accusing the MPs of having failed on their constitutional mandate.

However, the thinking of some of the leadership of Parliament, including Speaker Justin Muturi, is that Chapter One of the Constitution on sovereignty and power of the people, which is exercised directly or indirectly by elected representatives, means Parliament cannot be dissolved.

“Chapter One of the constitution supersedes all other provisions, so the blame for failing to meet the two thirds gender rule cannot be placed on Parliament. Let the blame be placed where it belongs,” said Mr Muturi recently.

The Bill, however, continues to draw passionate debate, especially from women lawmakers, who support affirmative action to correct the skewed representation that stands at 27 per cent compared to their male colleagues.

On Wednesday, Ms Sijeny expressed optimism, saying the Bill was on course, and as the drafter, she was open to suggestions that might attract more support, especially after  past resistance by some male MPs.

“The Bill is not cast in stone. Anything is possible as the law is still there. Even if it is passed slightly after the deadline, it’s not fatal. Arguments against it are academic,” she said.

Nominated Senator Beth Mugo said there was a mistaken belief that the Bill was only about women. She argued that it was actually about both women and men.