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"content": "and encourage the over 600 Members of County Assemblies who were nominated as ‘gender top-up’ to seek election into office. However, if that still does not happen, we must look at the modalities of achieving Article 81(2). How do we give a framework of achieving that? There have been several proposals. This Bill has been a culmination of many processes that we have engaged in our different capacities, especially as KEWOPA. We are the first beneficiaries of affirmative action under this Constitution. We had different views and finally came to an agreement that we tabled today. It has been well presented here by Sen. Sijeny. We agreed to import the provision of Article 177 of the Constitution, which is very clear on the constitution of county assemblies. It says:- “A county assembly consists of- a) members elected by registered voters of the wards, each ward constituting a single-member constituency on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year; and, b) the number of special seat members necessary to ensure that no more than two-thirds of the membership of the assembly are of the same gender.” It was an oversight to provide this for the MCAs and leave it out for the National Assembly and the Senate. That is why we are experiencing the current problem. We are still talking of 26 per cent here and 20 per cent in the National Assembly, because this was not provided for. Therefore, it is meant to actualize Article 81(2) by importing what is in Article 177. I have been very vocal on the issue of the MCAs because at the end of the day, we have had very harsh judgement of the women leadership in this country. We have had ourselves being referred to as flower girls; we have been seen to be bonga points at the county assemblies - that is what they are called. The segregation of members elected as under Article 177(1) (a) and (b) is very clear. That is why I proposed an amendment to have the MCAs sworn on the very same day. The current MCAs, came on board as ‘gender top-ups,’ four months after election. It means that they did not participate in very crucial decisions of the county assemblies. They missed out in the election of the Speaker. They could not vie to be Deputy Speaker or participate in very critical committees. We have scrutinized committees that deal with finance issues in the county assemblies and know that very few women are members of the budget or public accounts committees. Most are nominated to the labour, social welfare, social development and cultural development committees. That is a very bad culture. This Bill will help to deal with the fact that it is not just numbers that we are looking for. We want to give them a proper portfolio and a good starting point. When one comes in four months after everyone has settled, you have a disadvantage already. You are not able to perform at your best. This Bill is very critical and in the centre of this Constitution. We have had a threat of dissolution of Parliament if it is not enacted. It is our responsibility to look at it and see how best to address it. There is one thing that I would look forward to amend at the Committee Stage. If one is sitting on an affirmative action seat, whether as a Women Representative, a Senator or a Member of the National Assembly, they should not serve for three terms. If The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}