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{
    "id": 1017141,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1017141/?format=api",
    "text_counter": 254,
    "type": "speech",
    "speaker_name": "Kipipiri, JP",
    "speaker_title": "Hon. Amos Kimunya",
    "speaker": {
        "id": 174,
        "legal_name": "Amos Muhinga Kimunya",
        "slug": "amos-kimunya"
    },
    "content": "I would like to speak to the two-thirds gender principle. We were with you at the Bomas of Kenya. I was there from 2003, but I believe you were there earlier. We were with Hon. Shakeel and others. It is a very complex situation because it was not exactly legal. It was a politically expedient decision. The genesis of it was the composition of delegates in Bomas. There were three delegates from every constituency, namely, the Member of Parliament, one woman, and one man. We also had members of the civil society respecting that kind of configuration. As we were getting close in the discussion, as part of the negotiation so that Bomas could be passed, the lady delegates said that because they were one-third in Bomas, they wanted to be one-third in all the positions. That is how the one-third principle came about. It is that simple, and that is why it was not 40 or 50 per cent. It is important that we go back to history to understand the genesis of this principle. Hon. Speaker, in Bomas the question was how to get one-third of women. Examples about Uganda and Rwanda were proposed. However, it was noted that in Uganda, it was not democratic. I am not saying that as discussing their operation. In Rwanda, the autocratic rule determines who stands, but that is not the case in Kenya. Several options were given. A clause was included that to ensure that we have women, we will have the mixed member representation. It was proposed that we forget about constituencies, the first past the post, and go the South African route, where parties would propose who vies for the seat and they will be apportioned seats in Parliament. Parties would then nominate candidates on a zebra system. The first zebra system was first discussed in Bomas – we will have a man and a woman and at any one time, you must ensure that one-third or even 50 per cent is represented. When we were in Bomas, members rejected the same mixed member representation, which was the anchor for ensuring that this one-third is fulfilled, and on which basis it had been included in Article 27, on what basis it had been included in Article 81(b) that the electoral system shall ensure one-third representation. Members said they did not want that kind of system. They wanted to elect their person. For instance, we are electing “Amos Kimunya for Kipipiri”. They did not want to be told that, as a party, you have elected Jubilee with 206 and the people have taken them. That is the basis that was said even for chairmen of councils. Remember that the chairmen of councils and mayors used to be elected by the councilors but they said they wanted direct elections. That is how governors ended up being elected directly. They 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."
}