Editorial

We need to be sober about two-thirds gender debate and the Green Amendment Campaign is on track

In Kenya, the law is always very clear until it is not. A few months ago when opposition was toying with the idea of the People’s Assembly, politicians from both sides kept shouting the law is very clear and then would proceed to make very incoherent statements that left the public more confused.

This week, the Kenya National Commission on Human Rights (KNCHR) was at the Supreme Court once again to get a proper interpretation on Chapter Six of the Constitution in a bid to guide vetting institutions such as the IEBC when deciding candidates who’ve met the integrity chapter. Never mind this case has been in court since before the elections and several individuals unfit for office and re-carded by the civil society under the Red Card campaign were elected.

The thing is despite having a Constitution touted as the most progressive yet; it appears to be lame and ineffective or has too many grey areas on key issues. For instance, the ongoing debate on gender inclusivity is absurd considering the Constitution is quite explicit in Article 27(8) that Parliament should not have more than two-thirds members from the same gender.

Indeed in accordance with Article 27(6) the 11^th Parliament attempted to legislate the constitutional directive before the August 27^th 2015 deadline but failed. The Bill on two-thirds gender was brought back to Parliament following the extended deadline of August 27^th 2016 and failed again.

Consequently, in a case filed by the Center for Rights Education and Awareness (CREW) in 2017 challenging the failure of Parliament to enact a law that will satisfy the two-thirds gender principle in the Constitution, the court stated that, “Parliament’s failure to enact the required legislation amounts to failure to recognize the important task conferred on the Legislature by the Constitution to respect, protect, promote and fulfill the rights in the Bill of Rights.” And further gave the 11^th Parliament 60days to enact the said legislation.

The electorate also failed to elect enough women to meet the two-thirds principle in the August 8^th 2017 elections. Meaning, the 12^th Parliament is just as unconstitutional as the 11^th and hence the ongoing debate.

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"Yes, some members have gone to Russia to watch the World Cup as members of the sports and culture committee...It’s not a bad thing. But they must prepare a report when they come back and table it in parliament."

Quote by National Assembly Speaker, Justin Muturi following public outrage over MPs at the World Cup in Russia on July 12, 2018

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"At the moment, we do not know the national organisation that is recognised by the Kenya Government and the FIFA. Could she clarify whether it is Football Kenya Limited, a limited liability company, or the Kenya Football Federation, an association registered under the Societies Act?"

Sentiments by former Webuye MP Hon. Alfred Sambu when when seeking a clarification from the The Minister for Youth Affairs and Sports on May, 28, 2010.

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