Female MPs boast strong scorecard in 11th Parliament

Taita Taveta Woman Representative Joyce Lay (left) in an embrace with Taveta MP Naomi Shaban at Parliament Buildings in Nairobi in 2015. PHOTO | BILLY MUTAI | NATION MEDIA GROUP

What you need to know:

  • They are credited with making several critical laws.

  • Some Bills are either pending in Parliament or were shot down by their male colleagues but they vow to soldier on.

On a sunny afternoon in February 2014, an agitated group of women representatives stormed out of the chambers of the National Assembly, chanting slogans against the chairman of the Budget and Appropriations Committee.

They were angry at Mbeere South MP Mutava Musyimi, the chairman of the committee, after he rebuffed, for what seemed to be the umpteenth time, an attempt by one of them, Kirinyaga Woman Rep Winnie Njuguna, to make progress on a Bill.

It was the Affirmative Action Social Development Bill, the legal instrument through which the 47 woman reps would get money to fund development of marginalised groups in their counties. It was supposed to work in much the same way as the Constituency Development Fund (CDF), giving them something against which their performance would be judged.

But they had come up against laws that prevent the haphazard creation of avenues to spend public resources. The Bill required the approval of the Budget Committee, which had stalled as the National Treasury was yet to give the greenlight.

The protest was the culmination of a feeling among the women MPs that they were being given the runaround.

TOUGH GOING

Homa Bay Woman Rep Gladys Wanga said she and her colleagues had found the going tough in the National Assembly. After campaigning in counties just as the governors and senators did, they found out that they were virtually powerless.

“It was not easy from the start,” Ms Wanga said. “Actually, our male colleagues also looked down upon us. We had no resources, yet the people expected us to do for them some work on the ground.”

After the walkout and the subsequent press conference, the woman reps went back to the drawing board.

They eventually stormed the National Treasury, sat in the waiting room at Cabinet Secretary Henry Rotich’s office, even had lunch there, and basically stared him down. He gave in to their demands and agreed to the setting up of the Affirmative Action Fund with Sh2.03 billion.

Ms Wanga said the fund was the biggest victory for woman reps in the 11th Parliament as they now have a kitty and a defined role in counties.

As Parliament closes on June 15 today ahead of the end of its term on the day of the General Election as set out in the Constitution, woman reps see themselves as worthy pioneers. Many Kenyans did not know their roles; they were described as flower girls and unnecessary baggage for the taxpayer.

BOUGHT VEHICLES

But even as they celebrated the kitty, the woman reps were criticised for using the first disbursement of the fund to buy themselves official vehicles. Each now has a Chevrolet Trailblazer with GK number plates that they are required to give up at the end of the current term on August 8.

The 11th Parliament has 86 women 47 woman reps, 21 members of the National Assembly and 18 nominated senators. In the National Assembly, women hold seven of the 28 chairman posts, or 25 per cent of the positions, and three vice-chairman positions, 10.7 per cent of the total.

Mbita MP Millie Odhiambo cited the Marriage Act and the Affirmative Action Fund as major achievements.

“Looking back at this Parliament, women have asserted themselves as real leaders with ability to sponsor serious Bills,” Ms Odhiambo said. “MPs like Ms Wanga, Ms Florence Kajuju, Ms Amina Abdalla and Ms Naomi Shaban stood up and immensely enriched debate in the House.”

Among the Bills sponsored by the vocal legislator are the Victims Protection Act and the Treaty Making and Ratification Act. Her other draft law, Child Justice Bill, is still before Parliament, while she assisted in the Reproduction Bill, which was passed in the National Assembly but collapsed on the floor of the Senate.

'SEXUAL HARASSMENT'

Her lowest moment, however, was when she was sexually allegedly harassed during the chaotic December 2014 sitting in which the Security Laws Amendment Act was passed, she said.

“I suffered gender-based violence when I was undressed and physically beaten but what pains me most is that nothing happened to those who did the beastly act,” Ms Odhiambo said.

Busia Woman Rep Florence Mutua said at the start of the 11th Parliament, woman reps were not welcome and had to fight for space and clout.

“The position of woman representative was new and, being the pioneers, people did not appreciate our role and, therefore, it was very difficult for us,” Ms Mutua said. “But, looking back, I have given it my best and I am confident I will get another opportunity to serve, in the 12th Parliament.”

Ms Mutua sponsored the Sexual Offences (Amendment) Bill, which provided for sex education in schools as well as creating a special unit of police officers to investigate sexual offences. It also sought to criminalise, among other acts, ogling and indecent bodily contact, especially in public places, and restrict resolution of sexual offences out of court.

However, the provisions did not go down well with the majority of her male colleagues and the House unanimously voted to shoot it down.

REINTRODUCE BILL

Among the key tasks that she will embark on if she gets another chance is the reintroduction of the Bill.

“I will definitely bring it back and remove the parts that made it sink last time,” Ms Mutua said.

She said with the Affirmative Fund, woman reps will have more power in the next Parliament. 

Meru Woman Rep Florence Kajuju described the 11th Parliament as an eye opener to her and she now feels politically stronger than ever before.

Saying they did a lot, Ms Kajuju cited the fund, as well as the passage of the Marriage Act, Protection Against Domestic Violence Act and Matrimonial Property Act as the women MPs’ greatest achievements in the 11th Parliament.

“We managed to work as a team despite our political affiliation and got the women fund,” Ms Kajuju said.

She, however, described the failure in passing the two-thirds gender rule as her lowest moment and the greatest failure of the 11th Parliament.

“I do not want to blame women for the failure of the Gender Bill,” Ms Kajuju said. “We tried our best through intense lobbying, but our male colleagues totally let us down in the final stages.”

MAJOR CONTRIBUTIONS

Ms Kajuju stood out for her views on the miraa saga as well as on matters of regional integration.

Other woman reps also made major contributions. Ms Zainab Chidzuga (Kwale), hailed for being vocal on the standard gauge railway and land issues, while Ms Mishi Juma Mboko (Mombasa) and Ms Halima Duri (Tana River) are feted for their contributions on security and extrajudicial killings.

Taita-Taveta Woman Rep Joyce Lay stood out for speaking out on issues of mining and the welfare of miners. Ms Jessica Mbalu, the Kibwezi East MP and temporary deputy Speaker, also made immense contributions on motions and Bills.

In the Senate, Dr Agnes Zani, Ms Martha Wangari, Ms Beatrice Elachi and Ms Judy Sijeny have been the more active members, initiating motions, seeking statements and leading discussions from the floor.

Dr Zani was behind the Natural Resources Benefits Sharing Bill, 2014, which sought to streamline natural resource sharing between the two levels of government with emphasis on trickling benefits down to the community.

Within a year, mining firms would sign the benefit sharing agreements that include non-monetary benefits. However, the National Assembly rejected it on the basis that the Senate cannot initiate a money Bill.

ENDORSED OVERWHELMINGLY

The former University of Nairobi lecturer initiated the Bill from scratch, bringing a private member’s motion, which the House endorsed overwhelmingly. A select committee, which she chaired, collected and collated views from the public to actualise the salient points of the motion into a Bill.

“It is one of my most outstanding moments in the Senate,” she said.

Saying the women lawmakers contributed to a strong Senate, Dr Zani lamented: “The exact role of the Senate has been an issue of serious debate and lack of clarity has kind of undermined the stature of the House”.

She said failure to launch development programmes has dealt a major blow to the stature of the office of the senator as they have no fund.

“People always ask you ‘What have you done?’ and without a fund like CDF, it is not easy to do that,” Dr Zani said. “Senators need to do a lot to bridge this gap.”