Efforts to realise gender rule fail as MPs disagree

They had wined, dined and danced at the Hotel Intercontinental on Tuesday evening.

They had been sent messages, some stating clearly the fate that awaits Parliament if the gender principle outlined in the Constitution is not met.

President Uhuru Kenyatta and opposition chief Raila Odinga stepped in and urged their troops in the National Assembly to show up in their numbers and back the Bill sponsored by Majority Leader Aden Duale on behalf of the Executive.

On Tuesday, there had also been an informal meeting, a kamukunji, which allows MPs a heart-to-heart talk away from the media.

But the proponents of the Bill to amend the Constitution to make it easier to fulfil the two-thirds gender rule could still not manage to convince 233 MPs — two thirds of the National Assembly’s membership — to vote for it.

It garnered 195 votes, with 28 MPs voting nay. At least 24 MPs refused to vote or indicate they had abstained. Alois Lentoimaga (Samburu North, TNA) and Jakoyo Midiwo (Gem, ODM) abstained from voting.

Speaker Justin Muturi went to great lengths to get MPs into the chambers and when their numbers could not meet the threshold to get the Bill subjected to a second vote, he invoked a rarely used standing order that states when a Bill that requires a two-thirds majority is not opposed by a third of the MPs, it can be subjected to a sitting vote within five sitting days.

Mr Muturi used his powers to exclude Thursday’s morning sitting as a full day to give the Bill’s lobbyists and party whips more time to lobby MPs.

“I want to urge everyone, those that will attend or those who are not prevented from attending by any cause, including jail or hospitalization, to attend Thursday’s sitting. On that day, please vote,” said Mr Muturi.

LOBBYING

He added: “Be bold enough to express yourself. This is how we make decisions. Let us know what your vote is. If you are not, register your abstention.”

This means proponents of the Bill have a full week to do their lobbying.

To get MPs to the chambers, the House Business Committee sweetened the deal by placing the Bill sponsored by Homa Bay Town MP Peter Kaluma to protect Parliament’s processes from being interfered with by the courts before the one on the gender rule.

This was expected to draw them into the chambers but that did not happen. When the numbers were called at the beginning of the voting on the Kaluma Bill, there were only 229 MPs present.

The whips, Majority Leader Duale and women MPs then walked into the lobby, the restaurant and the members’ lounge and gathered their colleagues.

The bell was rung for nearly 30 minutes, double the time stated in the standing orders, and they were cajoled to the chambers. The Kaluma Bill was then passed 242-5.

But when it came to voting, it could only garner 195 supporters, 38 less than the threshold.

But Mr Muturi refused to declare the Bill lost, which would have meant that it would wait six months before being reintroduced and then 90 days before the first and second readings, and allowed it’s proponents to rescue it.

Mr Duale described the occasion as unique. “This is historic because the 10th Parliament could not do this under Mutula Kilonzo — may the Lord rest his soul in peace.”

But Suba MP and ODM chairman John Mbadi told the Bill’s proponents they are chasing the wind.

“If we cannot do it this evening, we should tell Kenyans this House has failed. We should give it to Kenyans so they can go to court and we go home so they elect other members,” he said.