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{
    "id": 1017317,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1017317/?format=api",
    "text_counter": 69,
    "type": "speech",
    "speaker_name": "Sen. Olekina",
    "speaker_title": "",
    "speaker": {
        "id": 407,
        "legal_name": "Ledama Olekina",
        "slug": "ledama-olekina"
    },
    "content": "proposed to amend Articles 97 and 98 to ensure the composition of Parliament complies with the requirement that not more than two-thirds of its members are from the same gender by election of Members. Madam Deputy Speaker, in the Twelfth Parliament the son of the first man who attempted to introduce the Bill came up, my distinguished friend, Sen. Mutula Kilonzo Jnr. and my sister Sen. Farhiya. In their Bill, The Constitution of Kenya (Amendment) Bill No.4 of 2018, through which they sought to give effect to the two-thirds gender rule. In the ‘lower’ House, Hon. Jeremiah Kioni attempted to do so in The Amendment Bill No.52 of 2019. The Hon. Gladys Boss Shollei also attempted to do that on the Amendment Bill No.53 of 2019. This Parliament has made several attempts which now begs a big question: is the Chief Justice (CJ) forcing Parliament to implement the two-thirds gender rule against their will? I am sure that even women legislators voted against that. That is why we could not raise the two-thirds majority to pass it. We have to be alive to the fact that the Constitution was hurried. Article 93 of the Constitution defines Parliament as comprising of the National Assembly and the Senate. If you go to Article 261, the Article he relied on, it refers to Parliament where the Senate is involved, but gives the powers to the National Assembly to extend the duration of time. At that time, the Senate is out of the picture. There are many things which are wrong in the Constitution. Article 97 of the Constitution defines the constituencies to be set up in the country to be 290. Article 98 of the Constitution limits the elective positions of the Senate to be 47. The Constitution requires this Parliament passes legislation to ensure there is the two- thirds gender rule. However, if we go and tell people in Narok East Constituency that they must only elect a woman or a man, and cannot elect a woman to represent them--- If you look at Article 97 of the Constitution it has a disclaimer that regardless of the numbers set up, no one is prohibited from running for that position. That means that if you are a woman or a man, you can still seek elective position. I find that the Constitution contradicts itself in so many instances. I blame the Committee of Experts who hurried it. I also blame some Members who were in this House. I was having this conversation with the distinguished Senator for Bungoma who was in Parliament then. They hurried it because people were not interested in paying attention to details and understanding the consequences. I am one of those people who believe that if the CJ could have taken time to consult widely; speak to the President, the two Speakers and have a way to deal with this, and not approach things like a lone-ranger, we would have had a solution. Article 261(8) says a new Parliament shall enact--- What is a definition of a ‘new Parliament’? Does this not call for another general election? If Parliament is dissolved tomorrow, we have a general election and Kenyans elect 290 men or elect 47 women as Senators, would we be curing the issue?"
}