Three groups are fronting different proposals on how to ensure that women occupy at least one-third of the seats in Kenya’s Parliament after the next General Election.

The Supreme Court gave parliament until August 27, this year to have in place a method that would ensure no more than two-thirds of the electoral seats are occupied by one gender.

The Constitution of Kenya (Amendment) Bill, 2015 proposes that the increase in the number of seats in the National Assembly and the Senate be done “progressively.”. The public will be allowed to participate until July 30 after which it can be taken to parliament. 

The chairman of the Parliamentary Justice and Legal Affairs Committee, Samuel Chepkong’a, told The EastAfrican that they will continue to discuss various proposals from interested parties because it is a Constitutional Bill, which can only go to parliament after 90 days of public participation.

He, however, maintained that he would not withdraw the Bill as demanded by members of the civil society and the Kenya Women’s Parliamentary Association (Kewopa), who argue that the committee’s proposal to amend Article 81(b) to include “progressive implementation of legislation” is a means to deny women their constitutional rights.

“The purpose of parliament is to debate matters affecting the country and not to withdraw Bills. You cannot just withdraw a Bill of the committee because some people are opposed to it. The Bill will be defeated or voted for on the floor of the House,” said Mr Chepkong’a.

But the chairperson of the National Gender and Equality Commission (NGEC), Winfred Lichuma, argued that by introducing the word “progressive,” the amendment claws back all the gains Kenyans have made in achieving gender equality and inclusion in political leadership and makes the timeline for achieving the two thirds gender principle as envisioned in the Constitution indefinite.

“The two-thirds gender principle is anchored in Article 27 of the Constitution on equality and non-discrimination, meaning that the principle will never be realised. By extension, Kenyans must approve the proposed amendment in a referendum,” she said.

Kewopa said they are coming up with their own Bill  that is currently under review by the Commission for the Implementation of the Constitution.

According to the MP for Runyenjes, Cecily Mbarire, the Bill proposes to increase the number of elected women representatives to two from each of the 47 counties, bringing the number to 94. It also seeks to compel political parties to nominate a specified number of women as candidates for elective seats.

Legislative proposal

“Should there be a gap after the two women per county, the number can be filled through a nomination in accordance with Article 92 to achieve the requirement of 30 per cent,” said Ms Mbarire, who is also Kewopa chairperson.

However, technically it still remains a legislative proposal that can only become a Bill once published after scrutiny by the Justice and Legal Affairs Committee.

Article 81(b) of the 2010 Constitution states that, “Not more than two-thirds of the members of elective public bodies shall be of the same gender” but there has been no consensus over the three proposals that have been put forward to meet the requirement before the August 27 deadline.

The technical working group that was established by the Attorney General, Prof Githu Muigai, is proposing the incorporation of Article 177 (b) and (c)— that was used by the county assemblies — into Articles 97 and 98, which define the composition of the National Assembly and the Senate — to realise the two-thirds gender principle in the National Assembly and Senate.

In the 2013 election, only 19 women out of the 290 elective posts were voted in; with 47 women representatives and five nominated members, the number comes to 68, which is 19 per cent.

Speaker of the National Assembly Speaker Justin Muturi suggested the scrapping of women representatives and nominated positions. These, he said, should be replaced by 100 special seats to be determined by the Independent Electoral and Boundaries Commission.

Under pressure from multiple advocacy groups, Mr Chepkong’a recently convened a joint meeting of the Justice and Legal Affairs Committee, Kewopa, senate legal committee and the technical working group, Constitution Implementation Oversight Committee and Maendeleo ya Wanawake.

Attorney-General Prof Githu Muigai, who also attended the meeting, suggested two options — that Mr Chepkonga shelve his Bill and work with the proposal from the technical working group — which Mr Chepkonga declined, arguing that the Bill belongs to the committee and not a person.

However, Mr Chepkonga accepted Prof Muigai’s second option to allow the Bill to be reviewed and possibly amended to reflect the consensus of the various interest groups.

Prof Muigai has expressed concerns over opening up the Constitution for amendments, warning that it could lead to a loss of key affirmative action provisions.

He suggested that a one-year extension be sought for legislations whose constitutional deadline is due to allow for consensus building, going back to the court and acting for an extension of the time limit given by the December 2012 ruling.