Speaker gets petition to change law

A petition has been filed in the National Assembly seeking a repeal of the two thirds gender rule in elective positions. FILE PHOTO | WILLIAM OERI |

What you need to know:

  • The petitioner seeks a repeal of Article 81 (b) of the Constitution.
  • “Elections must not be tailored to favour any candidate on gender or any other basis.”

A petition has been filed in the National Assembly seeking a repeal of the two thirds gender rule in elective positions.

It also calls for the appointment of Cabinet secretaries from MPs.

The petition by Mr Eric Barare Orina was submitted to the National Assembly by Speaker Justin Muturi on Tuesday and sent to the Justice and Legal Affairs Committee for consideration.

The petitioner seeks a repeal of Article 81 (b) of the Constitution on the two thirds gender rule arguing that it is impossible to implement.

COMPLICATED PROVISION

“Elections must not be tailored to favour any candidate on gender or any other basis. All persons, whether male or female, should be allowed to contest and be voted for in a free and fair election,” he says on page 7 of the petition.

He also wants Parliament to consider a repeal of Article 90 of the Constitution providing for elections based on proportional representation by use of party lists.

He says it is a complicated provision which is difficult to implement.

Mr Orina seeks an amendment of Article 97 to reduce the number of county women MPs to 12 and to provide for election of 35 MPs drawn from professional organisations, the academia, trade unions, people with disabilities, civil societies and the industrial sector — five from each.

He proposes that seven members be elected to the Assembly to represent Kenyans living in the diaspora and five to represent marginalised groups.