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{
    "id": 701862,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/701862/?format=api",
    "text_counter": 176,
    "type": "speech",
    "speaker_name": "Hon. Kajwang’",
    "speaker_title": "",
    "speaker": {
        "id": 2712,
        "legal_name": "Tom Joseph Kajwang'",
        "slug": "kajwang-tom-joseph-francis"
    },
    "content": "I want to salute the important ladies of Ruaraka who made it possible for me to come to this House. I salute all the ladies of this country that have made these gallant men be what they are today. We have for a long time debated this issue of affirmative action. I am delighted to support this Bill. However, it has come at a time when we thought we will lose the war of two- thirds gender rule. It took ladies of this country such a long time to fight for it. In the middle of all the confusion and debates that we have had in this House, we almost lost the war. However, with the introduction of this Bill, we can have a future that we can build on. Many things can be said, but this afternoon, allow me to just put my mind to what could have been on the minds of the Constitution makers. My sister was in the Committee that made this Constitution. Allow me to just think like a man on what may have been in the minds of these fellows as they talked about Articles 81, 27, 100 and all those good Articles that culminate into the two-thirds gender rule. You will see that many of these Articles appear in Part II of the Constitution. There are very good constitutional rights provided in there. There is the right to a clean environment, right to health and right to housing. When I talk about housing, I am very passionate because where I come from I do not know at what point in life we will ever graduate from the low-cost neighbourhoods of Mathare and Korogocho to get to where the Constitution wants us to be. I am very passionate that one day when I am still alive, we will get to where my people thought the Constitution would take us. I tend to think that many rights that we have, good as they are – the right to health and right to environment – must have been done within the context of building the entire architecture of the Constitution. This is where Article 81 of the Constitution came from. I like the way this amendment has been worded. It says; “progressive implementation of legislation.” That is important for me because I have always wondered how the two-thirds gender rule would be plucked from the Constitution and be implemented without an enabling legislation. There must be legislation one way or another around the subject, which is flexible and can be negotiated by the membership. This is where ladies will have an input, everybody else and people who are talking about the wage bill will be put together. This is the legislation to realise what the Constitution had proposed. In that negotiation, it can happen within the same year or even a month, of the passage of that Constitution. However, it cannot be done within the Constitution without legislation around it. If you look at Article 81 of the Constitution, you will find that it does not mention the legislation to bring up that baby called “two-thirds gender rule”. Hon. Speaker, the most important part of this amendment that should be supported is the fact that it refers to legislation that will implement it. I know many people are asking: “When is this going to be implemented? Is it one year or 10 years?” There is no time limit. Is it a bottomless pit? This is where we need to understand each other. The fact that this amendment talks about development of a legislative proposal means that we can negotiate and have a clear timeframe within which this can be done. “Progressive” is about creating instruments for us or the structure. However, the content that we will put in involves how we can talk to each other as legislators. We already have a policy. Hon. Speaker, if I am unable to keep within the 10 minutes, I will beg for just two minutes to explain what I must say. We already have a policy of two-thirds principle and we cannot run away from it. It is a policy that we must implement. If, today, we were to pass this legislation, it behoves on us that 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."
}