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"id": 618048,
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"content": "“(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.” Looking at that provision alone, you will find that in parliamentary representation, the female gender does not measure up to the equality as the male gender. “(2) Equality includes the full and equal enjoyment of all rights and fundamental freedoms. (3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.” Mr. Deputy Speaker, Sir, it talks about women and men without any exclusion. It addresses both genders. Therefore, in any institution, there must be an expression of equality. If there are five people, three of them may be men and two women or vice versa. There is no God given law that requires that if there are five people, three must always be permanently men or three be permanently women. Therefore, we must come out with law and amendments to the Constitution which ensures that representation in important bodies like Parliament, the idea of equality of gender, as clearly expressed in this Article, is definitely realised. (4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.” Many Kenyans can easily take the State of Kenya to a court of law on the basis of the provisions of this Article in the Constitution. In many social, political and economic practices the Constitution is on daily basis being broken, unrecognised and unimplemented. (5) A person shall not discriminate directly or indirectly against another person on any of the grounds specified or contemplated in clause (4). Mr. Deputy Speaker, Sir, which is why, having stated these values and principles, Sub-Article 6 states what Parliament should then do. (6) To give full effect to the realisation 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.” This Bill is taking legislative and other measures to ensure that the principle of equality so dearly inscribed in our Constitution after many years of struggle for democracy, social justice and equity in this nation is realised. Those of us who were involved in the second liberation hold dearly to these principles and what was inscribed in the Bomas of Kenya Constitution which finally found a face in this 2010 Constitution. Therefore, we should be soldiers in the forefront, passing such Bills that seek to establish laws to realise not only the provisions of this particular Article of the Constitution but also the spirit of the Constitution as a whole. With those few remarks, I second."
}