No voice, no vote for female MCAs in Kisii

For a while, female Members of County Assembly (MCAs) in Kisii County Assembly have fought what they call oppression and discrimination by their elected male colleagues.

The assembly has 45 elected ward representatives, all men and one woman. The nominated members comprises 22 women and two men.

The bone of contention has been the conditions in which the nominated MCAs operate. Apart from not being allowed to vote, introduce Bills or move Motions, the women did not have office space or support staff.  

In March 2019, the women received a court order from Kisumu High Court directing the County Speaker, David Kombo and Clerk James Nyaoga to ensure their (women) rights to vote, introduce Bills and move Motions were fully implemented.

Assembly leadership

Although the outcome of their case explicitly directed the assembly leadership to ensure specific steps were taken to address the issues the women leaders were agitating for, the speaker and clerk chose to implement only sections of the court order.

While the High Court ordered that the women legislators be provided with office space and be facilitated to hire support staff, none of these have been implemented, a year later.  

From courts to the floor of the assembly, nothing seems to bring the much needed gender parity in the house, which ordinarily is supposed to make and uphold laws.

Apology

Letters from the National Gender and Equality Commission (NGEC) and the Commission on Revenue Allocation to the Assembly Speaker David Kombo and Clerk James Nyaoga have not changed.

The controversy between nominated women MCAs at Kisii County and their elected male counterparts took a dramatic turn after a section of the afflicted legislators succumbed to pressure and apologised, on the floor of the House, to the Speaker for their perceived misdeeds. They claimed they had been misled to rebel against their Speaker.

Their colleagues, however, dismissed the apologies claiming the MCAs had been compromised by the assembly leadership.

The Gusii community is highly patriarchal and the unfolding in the assembly is not a surprise to many residents. The 2010 Constitution was supposed to promote gender equity, but the Kisii County Assembly has set a bad precedence.

Nominated MCA Karen Magara has borne the brunt of championing for gender rights in the assembly and Kisii County at large. She has paid a heavy price for leading and mobilising her colleagues in claiming those rights.

Ms Magara was recently suspended from the assembly in what she termed as gross violation of her rights. 

In a letter addressed to her and signed by the assembly clerk Mr Nyaoga, the Kisii County Assembly Powers and Privileges Committee conducted an investigation on her alleged misconduct in the office of Speaker, Mr Kombo.

“The County assembly in its afternoon session sitting on July 28, 2020 adopted the recommendations contained in the report of the Kisii County Assembly powers and Privileges Committee, and resolved that you be suspended from the County Assembly Business for a period of three calendar months,” read the letter.

Sitting allowance

In addition, “You are barred from the Assembly precincts for a period of three calendar months. During the suspension period, you will not be entitled to any committee and plenary sitting allowances.”

Ms Magara explained that before her suspension, Kisii County enforcement officers assaulted her as she tried to petition the speaker to stop continued discrimination against women MCAs.

She reported the assault at Kisii Police Station under OB number 27/25/6/2020.

Ms Magara had moved to court last year, with 14 others, seeking to be allowed to vote and introduce Bills and motions.

Kisumu High Court issued conservatory orders suspending amendments made by the assembly. The amendments had been termed as discriminatory and unconstitutional by the 15 affected MCAs.

Kisumu court

A letter by the NGEC notes that the complaint of unfair, unlawful, irregular and unconstitutional discrimination of nominated MCAs’ operations budget was part of the legal issues adjudicated by the High Court of Kisumu.

“The commission notes that the implications of this discrimination is rendering the office of nominated members of the County Assembly irrelevant and crippling their operations towards serving the interest of the special interest Kenyans within the county who are represented by the nominated MCAs,” read the letter.

Further, the commission notes that the assembly’s recurrent expenditure vote line on county operations for nominated members of the county assembly was, and has not been disbursed to nominated members in the Financial Years:2017/18, 2018/19 and 2019/20.

“This is in contrary to the court’s judgement given the fact that the same was and has been implemented in favour of elected members of the County Assembly.

Political seats

The commission, regrettably, notes that your actions have resulted in creating an illusion that there is a distinction between elected and nominated members,” read the letter.

Young Women Democrats director Esnas Nyaramba ,says the defiance by the assembly is a reflection of the society which upholds little of gender rights.

From Female Genital Mutilation, defilement and rape, denial of right to own property especially land, to violence against women are among the injustices meted against women in the region.

“This explains why it is very hard for women vying political seats in Gusii (Kisii and Nyamira counties). The environment is made very difficult for them to an extent that most give up,” said Ms Nyaramba.

Both counties have only one elected female MCA, Ms Callen Atuya of Bokeira Ward in Nyamira County. She defied all odds to knock out 11 men in the 2017 general election.