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ISSUE 046, Aug 26 - Sept 15, 2011
Unfiltered, uninhibited…just the gruesome truth
Government must show political goodwill There is no doubt that the proposal by the Cabinet, on the need to find a way to address Article 81(b) which says that not more than two-thirds of the members of elective public bodies shall be of the same gender has created a lot of concern not only among the women of Kenyan but also the public who voted for the new Constitution. According to the majority of Kenyans, this goes against the very principle why Kenyans have fought for the new Constitution spanning over two decades. As stated by Cyprian Nyamwamu, the Executive Director of the National Convention Executive Council (NCEC) during a meeting organised by the women to find a formula on how to unlock the promise in this provision sums it up well.
Involvement
He says that the clamour for the new Constitution was about three items. “It was meant to deal with centralisation and abuse of power hence the devolution and separation of functions and has entrenched checks and balances, deal with gender injustices and exclusion of the marginalised, and minority groups of which women are part and also with the codification of rights and governance which is based on the Bill of Rights,” said Nyamwamu, adding, “this is not a woman’s issue, but an issue for all Kenyans.” Dr Linda Musumba is very categorical, that this solution on the
By ROSEMARY OKELLO
two-third should also involve the Government and the political parties since they will be a critical in ensuring that women form one-third of those who shall be elected.
Amendment
This was echoed by Deborah Okumu, the Executive Director of the Caucus of Women’s Political Leadership who said that the formula to achieve the two-third principle does not need a constitutional amendment but can be arrived at through the Electoral bill and Political Party bills which are before the floor of the House. “Since the constitutional hearings by the Constitution Review Commission of Kenya (CKRC), to the Bomas Conference, the Naivasha, the Kilifi process and finally the Committee of Experts on the Constitution, everyone especially the lawyers were there and
we were told that the Constitution was a legal framework which does not include details and that details are captured within the legislation. Since then, the women of Kenya have moved to put the mechanism in the two bills, but it has been rejected,” explains Okumu. According to her, it is unfortunate that men are translating this to mean that women want free seats. “We need to learn from history that achieving 30 per cent of women in elective posts in Kenya have been difficult and since independence there has never been any political goodwill on women’s representation,” she says. Okumu adds that affirmative action by its nature is discriminatory so that it can positively discriminate the other gender for a period of time and ensure gender justice within the elective posts. As Kenyans are debating on the
“We need to learn from history that achieving 30 per cent of women in elective posts in Kenya have been difficult.” — Deborah Okumu
formula to achieve the two-third principle, in Southern Africa all heads of States signed the Gender and Development Protocol which calls for 50 per cent representation by women at all levels of government by 2015 and further calls for member states to put in place legislative measures which guarantee that political and policy structures are gender sensitive. It draws up a plan of action setting specific targets and time frames for achieving gender equality in all SADC countries as well as effective monitoring and evaluation.
Beijing
The new Constitution was seen by minority of Kenyan’s as the country’s commitment to promote women in leadership positions from the county up-to national level. This is in line with the decision to promote women in decision-making positions worldwide which gained momentum during the 1980s and early 1990s through a series of international conferences. Further impetus came from the Fourth World Conference on Women, held in Beijing, China, in 1995, which called for at least 30 per cent representation by women in national governments. In September 2000 at the UN Millennium Summit in New York, world leaders pledged to “promote gender equality and the empowerment of women as effective ways to combat poverty, hunger and disease and to stimulate development that is truly sustainable.”
Therefore, for Kenya to stand tall among the African countries, the political class needs to be counted in the issue of the two-thirds principle and as stated by the former UN Secretary General Kofi Annan: “Study after study has shown that there is no effective development strategy in which women do not play a central role and when women are fully involved, the benefits are immediate - families are healthier and better fed and their income, savings and investments go up.” Annan goes on to add: “And what is true of families is also true of communities and, in the long run, of whole countries.” Rwanda is an example which is being used to showcase the impact of women in leadership. A recent UN Women Report documents Rwanda’s competitive advantage when it comes to the status of women and overall development progress.
Recognition
Quoted in the UN Women report, Oda Gasinzigwa, Rwanda’s Chief Gender Minister says, “It’s good to recognise us. There are a lot of achievements we have registered and the good performance is attributed to the political will. The leadership has trusted us to participate in all levels of development.” It is against this background that more than ever, the debate on twothird principle needs a political goodwill which only the government can provide.
Looking at law implementation with a gender lens Continued from page 1 leadership though there is a pending court case challenging the gender imbalance in the composition of the Supreme Court. According to a cross section of women leaders, the major bone of contention was that they were not ready to allow the political elite to start implementing the Constitution on the wrong Njoki Ndung’u Mumbi Ngugi Pauline Nyamweya footing with a ’minimalist approach‘ at dealing Bomas conference have been taken on board her appointment, Shollei served as the deputy with gender issues. Two thirds of seven suand included in the 27 legislations sent by the chief electoral officer at Interim Independent preme court judges is 2.333! Executive to Parliament to enact. Electoral Commission (IIEC). The first five constitutional laws that were The significance of the judges appointments, debated and passed by the 10th Parliament as opposed to that of the Supreme Court judges were the Independent Officers (Appointment) is that it met and exceeded the criteria of the The Chief Justice Willy Mutunga set a preAct; the Independent Electoral and Boundaries minimum threshold of not more than one third cedence that the political class need to pay Commission, the Judicial Services Act and the of the same gender as provided in the Constituattention to and understand that Kenya has Supreme Court Act; and the Vetting of Judges tion. The not more than two thirds principle rewomen who are educated and empowered to and Magistrates Act 2011. mains a subject of court battle over the Supreme make the two-thirds threshold that the ConThe CIC has lived up to its mandate and the Court appointments. stitution stipulates when he appointed 13 public’s expectations by ensuring that it met the Of the judges appointments, Mutunga said: women out of 28 new High Court judges who target deadline of completing the review of 23 “We have picked candidates from rich diversihave just been appointed. pieces of legislation within the first year after ties decreed by the Constitution and law inLydia Achode, who is immediate former the promulgation of the new Constitution. cluding gender, ethnicity, county, generations, registrar of High Court is among the new apminorities and others forms of marginalisation. pointee judges as well as Pauline Nyamweya. Indeed, as we mark the first anniversary since Others are Mumbi Ngugi, Beatrice Thuranira, the promulgation, the implementation process Grace Nzioka, Christine Meoli, Hedwig OnOut of the expected 24 bills to be completed steered by the Constitution Implementation gudi, Stella Mutuku, Rose Ougo, Roseline Kowithin year one of the Constitution of Kenya Commission (CIC) has made positive steps but rir, Abigail Mshila, Cecilia Githua and Stella 2010, only the Public Finance Management Bill a couple of challenges remain.” Muketi. delayed by policy differences between stakeMutunga reiterated that the selection proThe new Constitution created a new posiholders was yet to be completed by CIC 10 days cess also took into consideration diversity that tion for chief registrar to administer the whole to the deadline. Frantic efforts were being made exists currently in the Judiciary in order to adcourt system and this position goes to Gladys to beat the deadline. dress the gaps that exist. One of these gaps is Shollei as the Registrar of the Judiciary to reAs the clock ticked closer to the deadline, gender inequality. place Lydia Achode. the Cabinet has been working over-time to enSo far, the CIC has ensured that most of The Chief Justice said Shollei was picked in sure that it clears its in-tray as far as pending the women’s gains captured from the historic a competitive and transparent process. Prior to Bills are concerned. The three Bills it approved
Appointed Judges
Pending Bills
Lydia Achode and forwarded to Parliament mid August are The Independent Ethics and Anti-Corruption Commission Bill, The Power of Mercy Bill and The Kenya Heroes Bill. Pending Bills include Ratification of Treaties Bill, Kenya Citizenship and Immigration Bill, Kenya Citizens and Foreign Nationals Management Service Bill, and the Urban Areas and Cities Bill, Environment and Land Court Bill, and the Public Financial Management Bill. All in all, the road to implementation of the new Constitution has proved to be less controversial and stormy as had been feared by pundits. There is a ray of hope especially for women as they face the second phase of the implementation of the Constitution on the eve of the first General Elections under the new political dispensation. The sky will be the limit for women this time around to ensure that the one-third principle in elective and none elective posts are filled by one of their own who is competent and most qualified. Kenya has women who are educated, politically conscious and empowered to make up the not more than tow thirds principle work, and they only need to be given space in the male dominated sphere to prove their worth.