AG: Amend laws over gender rule

What you need to know:

  • Muigai proposes changes to Constitution and the elections law.
  • Political parties to have responsibility of supporting women’s candidature in elections.

Attorney-General Githu Muigai has proposed an amendment of the Constitution and a change to the elections law to help meet gender principle requirements.

Prof Muigai on Friday forwarded two suggestions to Parliament that would see the realisation of the principle, stipulated in the supreme law.

This follows a court ruling last month that gave him 40 days to formulate Bills that would help in the realisation of the constitutional requirement.

The first is the Election Laws Amendment Bill that would contain various proposals to change existing legislation to make it easier for the fulfilment of the constitutional requirement that not more than two thirds of the same gender should hold elective positions.

A statement from the AG’s office on Friday indicated that the Bill would compel political parties to give women tickets for parliamentary and county assembly seats.

“The responsibility has been placed on political parties to make all necessary efforts to support and sustain women’s candidature in polls and, consequently, to elective seats,” says the statement.

The second proposal seeks to change the section of the Constitution that stipulates the number of MPs and senators.

The AG said the sections giving the membership of the National Assembly and the Senate should be changed so that it provides room for an increase or a decrease in the number of the lawmakers.

“It (Bill) provides for such a number of seats as to ensure that no more than two thirds of the members of elective public bodies shall be of the same gender. The omnibus amendment Bill seeks to ensure that the use of the ‘top-up’ constitutional provision remains latent,” says the statement.

The AG said he forwarded the Bills after consultations with the Kenya Women Parliamentary Association and the National Gender and Equality Commission.

MPs and senators will now have an opportunity to look at the proposals and adopt them by August 27.

The Jubilee government has been criticised for failing to put in place mechanisms towards achieving the rule despite the Supreme Court giving it adequate time on the matter.