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{
"id": 1053521,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1053521/?format=api",
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"type": "speech",
"speaker_name": "Busia CWR, ODM",
"speaker_title": "Hon. (Ms.) Florence Mutua",
"speaker": {
"id": 539,
"legal_name": "Florence Mwikali Mutua",
"slug": "florence-mwikali-mutua"
},
"content": "account the representation of marginalised groups in accordance with Article 100 of the Constitution. Hon. Temporary Deputy Speaker, I will take the House through the disadvantages of presenting names for the gender top-up before the elections. First, the number of women, men, youth and persons living with disabilities to make it through the elections is not known beforehand; neither are their regions. Hence, if nominations are done early, one region may end up getting more women, youth and persons living with disabilities nominated. Secondly, once the names of the nominees are published in the Kenya Gazette, depending on the party strength in the various regions, it is almost a guarantee for a job for a nominee. As a result, the nominees usually cease campaigning for candidates belonging to the political party that nominated them, not knowing that it is the number of elected candidates that will determine the number of those who will be nominated to the various legislative Houses. Without the assistance of the nominees, campaigns become more challenging yet the more the number of elected members of the party, the more the slots for nominees. Third, when nominations are done before elections and a particular person in a political party fails to receive a nomination believing that it was well-deserved, the aggrieved person then joins an opposing camp, hence causing loss to their original political party. This complicates the campaigns at a very crucial time. The campaign period is usually emotive, hence there is the possibility of nomination of unqualified or undeserving persons to merely appease certain interests at that time. There are advantages of presenting names for gender top-up after elections. First, nominations after elections will ensure that political party members who will be nominated to the legislature will work harder with the vying candidates, hence the party is in a win-win situation. The process prevents instances of bitterness by those left out of nominations, hence the campaigns and elections proceed smoothly as one party. Once the dust is settled after elections and the number of women, men, youth and persons living with disabilities is known, the party, with soberness, can sit and agree on a suitable criterion for nomination, including taking into consideration the regions that fared badly in the election, among other considerations. This will ensure that regional and gender balance, more so in the marginalised areas, is met. A good current example is Murang’a and Homa Bay counties whereby, if the political parties had nominated a woman from the two counties, we would have additional women instead of spreading the nominees to other counties that fared badly and had no woman candidate elected. After elections, parties may lose strong people who they perceive may be useful in either of the Houses, hence they may give the parties a chance to nominate strong nominees who, for institutional memory, may be required to continue pushing the party agenda in Parliament or at the county assemblies. A good example is that in 2013, we lost Hon. Charity Ngilu, Hon. Kamar, Hon. Wavinya Ndeti and Hon. Martha Karua. In 2017, we lost Hon. Shebesh, Hon. Kajuju, Hon. Chepkong’a, Hon. Jakoyo Midiwo, among a few other notable strong Members. If the political parties had the option of nominating top-up Members after the elections, a few of those Members would have been nominated to either House, for continuity of the party agenda, among other reasons. This is also one of the major reasons why I have also requested, through the Speaker, for an amendment to Article 92(a) of the Constitution in order to align it with the proposed amendment to Section 35 of the Elections Act. Lastly, the right candidates are soberly elected when emotions are down, more so those who rightly stood with party matters and activities to the end. Overall, it is important that the 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."
}