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{
    "id": 638879,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/638879/?format=api",
    "text_counter": 128,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "The principal object of this Bill is to amend the Constitution to ensure that the membership of the National Assembly and the Senate conforms to the two-thirds gender principle as provided for in Article 81(b) of the Constitution. There are a number of constitutional amendment Bills called “Duale 1” “Duale 2” and “Duale 3”. I have decided to be the Mover of this Bill primarily because I am the Hon. Leader of the Majority Party and I must take the lead in ensuring that the women of Kenya achieve their rights within the Constitution. Secondly, I have five sons and looking for a daughter. So, I decided to support all the women and daughters of this country. Finally, apart from the Almighty God, my mother played a big role and I am under obligation to pay her back. Having said that, Kenya is a signatory to a number of international, regional and sub- regional instruments. To highlight about four of them, Kenya is a signatory to the Universal Declaration of Human Rights (UDHR), the Beijing Declaration and Platform for Action (BDPA) and it has signed the Protocol to the African Charter on Human and People’s rights on the rights of women in Africa which is called the Maputo Protocol. In line with the Constitution of Kenya 2010 which domesticated these instruments to safeguard human rights and the rights of women and fundamental freedoms, Article 81(b) of the Constitution states:- “Not more than two-thirds of the members of elective public bodies shall be of the same gender” Article 27(8) requires the State to undertake legislative and other measures to implement the principle that not more than two-thirds of the members of any elective public bodies shall be of the same gender. This was a serious matter prior to the 2013 General Election. It was to create an election crisis. To avert that crisis, the Attorney General (AG) on behalf of the Government of Kenya then sought an advisory opinion from the Supreme Court on 8th October 2014, on whether the enforcement of the two-thirds gender principle can be attained. Can the election take place? If not will the 11th Parliament and Senate be constitutionally constituted? So, a number of issues were argued in the Supreme Court. The Supreme Court made an advisory opinion and ruling. It directed that this can be realised progressively but further directed Parliament and more so the National Assembly because this is where the Bill has begun, to enact legislation to give effect to the two-thirds gender rule by August 2015. By the year 2015, this was not achievable and I am sure within the reading of Article 118(1)(b) and Article 261(2) this House decided to extend that deadline to 27th August, 2016. In principle we have got five months to either deal with this critical matter in the interest of the country and that of the women of Kenya. What are the numbers now? Women participation in 2013 General Election remained very low with only 63 women being elected to the National Assembly and 23 nominated on various affirmative action provisions in both the National Assembly and the Senate. So, we have 26 gracious Hon. female Members of Parliament in National Assembly and 23 who are nominated on the affirmative platform in both Houses. 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."
}