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{
    "id": 618045,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/618045/?format=api",
    "text_counter": 233,
    "type": "speech",
    "speaker_name": "Sen. (Prof.) Anyang’-Nyong’o",
    "speaker_title": "",
    "speaker": {
        "id": 193,
        "legal_name": "Peter Anyang' Nyong'o",
        "slug": "peter-nyongo"
    },
    "content": "Mr. Deputy Speaker, Sir, I beg to second this Bill. This is an extremely important Bill that seeks to amend the Constitution to ensure that the two-thirds principle, which is cardinal to realizing gender parity and equity in the nation. In order to do so, it has become imperative, through many discussions in the history of economic affairs within the women’s movement and so on, that the Constitution needs to be amended, to rise up to the occasion. Mr. Deputy Speaker, Sir, if you read Sen. Sijeny’s memorandum of objects and reasons, I do not belabour the reasons and logic of this amendment, they are self-evident. But more important, I would like it to go on record that the Senator has done an extremely important thing. Article 27 (6) of the Constitution, as she has stated in her presentation provides that:- “To give full effect to the realization of the rights guaranteed under this Article, the state shall take legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.” Mr. Deputy Speaker, Sir, in order to be specific, may I quote Article 27 (6) which brings out the shortcomings in the Article unless Parliament enacts certain laws. I have always said in this House that the Constitution lays down the principles, ideals and values for governance. The Constitution further sets up certain institutions for democratic governance which include the legislature, executive, judiciary and the constitutional commissions. It goes further to ensure that the two levels of government are properly constituted. This occurs not only in the Constitution but also in the Acts of Parliament. Having said that, and looking at the Constitution, it is a clear it results from a combination of the Arusha Declaration, the Mwongozo and the Federalists Papers. In other words, it is a Constitution that arose out of activism and the demand for human rights. Therefore, some of the elaborations in the Constitution bring out the urges and feelings of Kenyans about the need to establish institutions for governance. However, they may not be well expressed, precisely because of that. In making law, quite often, we have to look at the Constitution to make it more precise. This happened to the United States of America’s (USA) Constitution which was the outcome of the discussions of the federalists’ papers. It has happened in Tanzania where important values were laid down by the late Mwalimu Julius Nyerere in the nationalists’ party, Arusha Declaration and the Mwongozo. Mr. Deputy Speaker, Sir, from our past experience of struggles, there are values that we hold dear. One of them is the value of equality of Kenyan people as citizens and to fight discrimination based on gender in the past and in the future. Therefore, Article 27 on equality and freedom from discrimination states that:- The electronic version of the Senate Hansard Report is for information purposes"
}