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{
"id": 1017128,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1017128/?format=api",
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"type": "speech",
"speaker_name": "Suba South, ODM",
"speaker_title": "Hon. John Mbadi",
"speaker": {
"id": 110,
"legal_name": "John Mbadi Ng'ong'o",
"slug": "john-mbadi"
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"content": "and contradictions in the 2010 Constitution. When we were pushing for the passage or enactment of this Constitution, both the Noes and the Ayes were in agreement that there was about 20 per cent in it that was not right. The question was: Where is this 20 per cent? In fact, I do not know how we calculated and tabulated the 20 per cent, but we all spoke about 20 per cent. You can now see the 20 per cent. I want to give myself as an example, but before doing that, I want to say that our method of electing Members to this House apart from the 12 Members is first-past-the-post. It is not proportional representation that is being practiced in Rwanda and any other jurisdictions that have moved towards realising this principle. Let me give myself as an example. In the last election at the party primaries of the Orange Democratic Movement (ODM) Party, we were three candidates. I got 12,498 votes, the second candidate who was also a man got 10,726 votes and the third candidate, who was a woman, got 506 votes. In the general election, again, I had a female competitor who only got 273 votes. What the people of Suba South including women said is that they do not mind a man representing them. In fact, female voters are over 50 per cent in my constituency. Now an individual, through the provision of Article 261 of the Constitution, is telling the people of Suba South that they should have elected either the lady who got 506 votes or the one who got 273 votes. Actually, she got 243 votes not 273 votes. That is why I am being sent back home so that they do another election. There is nothing that can be more unjust than that. By the way, I have been religiously supporting that we provide a solution to Articles 27 and 100 of the Constitution. However, the question that I have been asking myself, and I was keenly listening to Hon. Otiende Amollo who is here, and also Mr. Nzamba Kitonga who gave his opinion is: The drafters of the 2010 Constitution provided for Articles 177 and 178 of the Constitution clearly spelling out how the two-thirds gender principle will be respected at the county assemblies. However, when they came to the national legislation, what did they do? They looked at the Senate and created 16 seats for women. After the 47, which is left to anybody to contest, there are 16 for women and another two, one a youth who is a woman and another one a person with disability. Eighteen seats were specifically created in the Senate for women. My understanding is that this was meant to help achieve or realise the two-thirds gender principle. When they came to the National Assembly, they created a seat no one had ever imagined, the 47 County Women Representatives. No one ever imagined that there could be a position contested only by women in the 47 counties. We thought that was to realise this principle. Now, why was it so difficult for the people of Kenya to just decide that we want the National Assembly to not have more than two-thirds of either gender and the Senate the same? Why did they come up with provisions as it is in the Constitution? That is why I think, whether we say what, this principle, I want to say it here, is difficult however we try. Even if Maraga was to succeed by persuading the President to dissolve Parliament, you will dissolve this Parliament a thousand times and not get it if you do not address it through a referendum and amendment to the Constitution. In fact, I dare say, if this Parliament is dissolved, the next election will bring more men than it is today in this House. I have heard many of my colleagues saying we should be sober. I also want to repeat that we be sober. By the way, the reason this thing has been failing is sometimes because of the attitude of our female colleagues. They are shouting when you talk on matters gender. The truth is, I know you challenged Hon. Chris Wamalwa, but the truth is that day there were a number of women Members of Parliament who were not in this House. I remember I even challenged it. I raised it that the list should be published. Hon. Speaker, you did not agree with me. Hon. Wamalwa would not have gone to the pains of bringing that list. In fact, we supported that Motion by Duale. I am The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}