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{
    "id": 701782,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/701782/?format=api",
    "text_counter": 96,
    "type": "speech",
    "speaker_name": "s",
    "speaker_title": "",
    "speaker": null,
    "content": "gender rule as contained in Article 27(8) of the Constitution must apply in the first general election that was to be held after the promulgation of the Constitution, 2010. The Supreme Court in rendering its opinion stated that there was not to be an instantaneous application of the rule. The Supreme Court gave Parliament until 27th August, 2015 to put in place legislation that would satisfy the implementation of the two-third gender rule as required under Article 27(8) of the Constitution. Article 81(b) requires that this House and the Senate must comply with the two-third gender rule. Hon. Speaker, as you well know, the county assemblies have already complied because there is a requirement that the two-third gender rule must be fulfilled in the county assemblies. We have tried all means. That is the reason we held this view in abeyance. We wanted to allow this House to canvass other means. The House did so only that it was not successful under the Duale Bill. We failed to raise the requisite number of two-thirds of Members in order to pass that about 94 women be nominated to the National Assembly and about 16 women to the Senate. As a result of our failure to meet the deadline as required by the Supreme Court, some members of the public have gone to the High Court to challenge the composition of Parliament, that is, the National Assembly and the Senate. They say that Parliament has failed to put in place legislation to satisfy the requirements of the Constitution. While we were carrying out the approval of the Deputy Chief Justice hearings this morning, we asked the question: Supposing a litigant appeared before you in relation to the two-third gender rule, what would you do? She said that to answer that one only needs to read the Constitution. Hon. Speaker, it is true that the Constitution is very clear. It states that any Kenyan who thinks that Parliament is not properly constituted can go to court to challenge its composition. The consequences are that both Houses will be declared to be unconstitutional and we shall be sent home. There is an ongoing case right now in which we had to file an affidavit this morning to defend ourselves. As you know you cannot defend yourself against a clear provision of the Constitution. So, I seek your indulgence that you move Order No.15 to take the place of Order No.9 so that we discuss this issue on progressive implementation of that particular gender rule. 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."
}