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{
    "id": 618039,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/618039/?format=api",
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    "content": "This will be a self-regulating mechanism, which is set out in Article 177 (1) (b) of the Constitution. It implies just lifting up Article 177 (1) (b) to Articles 97 and 98 of the Constitution. Various stakeholders have been involved in discussing this matter together with the Attorney-General. Therefore, it contemplates that if by any chance one gender does not have one-third representation, which can either be the male or female--- It also adjusts Article 81 (b) of the Constitution to enable it to be enforceable. The National Assembly should have a maximum of 117 Members of the minority gender and the majority should have 232 Members. However, currently it has 68 women and 281 men. Definitely, the gender threshold has not been met. The Senate requires a minimum of 23 Members of the minority gender and the majority should have 44 Members. However, currently there are 18 women and 49 men. This is the reason the Attorney-General sought for advisory opinion from the Supreme Court, which was given and the mechanism should be in place by August, 2015. Why do we need an amendment? It is known that we have the male and female gender and everybody should be brought on board. When President Obama was in Kenya, he said that we should not move with half of the team left out of governance. If this is implemented, we will move in the right direction. Currently, the female gender is really suffering because it has been left behind. This is not unique to only Kenya. In Burundi, men form 65 per cent of the membership in Parliament and women 35 per cent. In Rwanda, men form 42 per cent and women 58 per cent. In Uganda, men form 65 per cent of the membership of Parliament and women 35 per cent. In Tanzania, men form 64 per cent of the membership and women 36 per cent. In Kenya men form 79 per cent membership and women only 21 per cent. What we are asking for is equal opportunity and it is enshrined in the Constitution. Article 100 of the Constitution says that legislative measures should be brought in to enable affirmative action to be implemented. I will demonstrate how the top-up system will work. For example, if one woman Senator is elected, we will only require five women to top-up. If four women Senators are elected in the next general elections, we will not require any top-up in the Senate to meet the threshold. We have deliberated this matter in detail. The Bill also stipulated that a person who shall benefit under the affirmative action shall be eligible for re-election under the clause for only two terms. It is not permanent. It has a sunset clause and shall be reviewed after 20 years. By then, we shall have sensitized all the Kenyans – men and women, young and old – to elect enough women and men, so that we adhere to the gender rule as is enshrined in the Constitution. Mr. Deputy Speaker, Sir, I beg to table a report by the National Women Steering Committee in partnership with the Institute of Economic Affairs. This counters the myth that if affirmative action is implemented, it would be too expensive for the Government. If implemented to the letter, it would cost one Kenyan only Kshs58 annually. The Government should prioritize when budgeting, so that women are given a chance. I beg to table the report."
}