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{
"id": 208783,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/208783/?format=api",
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"type": "speech",
"speaker_name": "Ms. Karua",
"speaker_title": "The Minister for Justice and Constitutional Affairs",
"speaker": {
"id": 166,
"legal_name": "Martha Wangari Karua",
"slug": "martha-karua"
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"content": " Mr. Speaker, Sir, there are some fears that have been expressed that because the proposed 50 specially elected seats or Clause 33 is exclusively targeting women, it is discriminatory. I want to stand here and say that, that is not the case. Our Constitution clearly states that we are a democratic Republic, a clause that seeks to enhance participation of a large group of the population by a mere threshold of 16.7 per cent cannot be seen to be discriminatory. Studies done all over the world have shown that to increase the number of women in Parliaments, the threshold and move towards gender equality, affirmative action has to be applied. In interpretation of the Constitution and any other international human right instruments and laws to which Kenya subscribes, leans on the broader side of the interpretation which gives effects to greater rights. Mr. Speaker, Sir, the other name for affirmative action which have all embraced or said to embrace is actually positive discrimination. It is a discrimination that seeks to bring closer to par the marginalised category. Mr. Speaker, Sir, we have also had concerns that other marginalised groups should have been considered in this clause. In the world, there are only two genders; the male and female. Whether it is the workers, people with disabilities or special interest groups, they belong to either male or female gender. The proposed Clause 33, clearly says that in compiling the party list, each political party will consider special interests; the young and people with disabilities. Mr. Speaker, Sir, it is true that all those categories by virtue of this clause will be represented by women. It is now accepted by the General Provisions and Interpretations Act, Cap.2 that the word \"man\" includes \"woman\". For this window of opportunity, the 16.7 per cent, the women will carry the interest of whatever groups they belong to. Let for this the \"woman\" also mean \"man\". Mr. Speaker, Sir, it is important that this country recognises the need for affirmative action by passing this legislation. Hon. Members of Parliament will not be doing the womenfolk a favour. They will be doing our country a favour. Inclusion of the participation of women will not only hasten our pace development, but also will unleash the untapped potential of a very large section of 3232 PARLIAMENTARY DEBATES August 15, 2007 the population. True democrats, true believers in human rights and those who respect their party manifesto and constitutions should rise up and be counted. They should support this Motion. This Motion is for our daughters, sisters and mothers. Finally, Mr. Speaker, Sir, those who are wondering how the women will be picked and whether they will be rural or urban, just like the men, we live both in rural and urban areas. I represent a rural constituency. So, no hon. Member can claim that they know more about rural women than hon. Members who represent the rural constituencies. Even those who represent town constituencies have their rural homes. So, we all know that we represent both rural and urban. But we also live in the urban area because our Parliament is in the Capital City of Nairobi. So, by description, all hon. Members seated here today are urbanites. They are not rural. Mr. Speaker, Sir, why do we bring these thresholds when it comes to women? We now start changing goal posts and talking about urban/rural and talking about concerns of how those women shall be picked. I want to answer simply and say that they will be picked the same way you have picked the 12 nominated hon. Members. But this time round, there will be transparency because they will be picked before the elections. The electorate will be able to see how serious each political party is. Mr. Speaker, Sir, once again, I want to urge the House to take a bi-partisan approach and support this legislation that will not only help to foster development, enhance our democracy and respect for human rights, including the rights of women, but will also make our country more democratic by allowing a greater participation by our womenfolk. I may not go to the historical reasons why women participation in the normal elective politics is difficult. Mr. Speaker, Sir, may I end by reminding this House that it passed the Affirmative Action Motion on two occasions. It even passed the Gender Commission Motion and I know that some hon. Members who brought those Motions are in this House. We urge each one of them to support this Bill and give a window of opportunity to women participation in this House, and also allow the increase in the number of constituencies. With those few remarks, I beg to move."
}