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{
    "id": 706654,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/706654/?format=api",
    "text_counter": 78,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "Hon. Speaker, I beg to reply and wish to thank all the Members who contributed, particularly the women. They were very effective in terms of their contributions. They actually assisted in furthering the progress of this Bill. Their contribution was very important and weighty that I sat here and felt that they were expressing that which was in their hearts. Unfortunately, men think with their heads and that is the way God has made us. I would like to bring to the attention of this House the fact that this is a very serious matter. As you know, the Supreme Court has expressed itself on this matter. It directed, in its advisory opinion, that Parliament enacts legislation to realise the two-thirds gender rule as required in Article 27(8) of the Constitution. You know there has been an attempt to do so through the “Duale Bill”. Unfortunately, we did not have quorum twice. In fact, you went out of your way to put the Question twice; that was out of the ordinary. In love for women, you said this matter must be put a second time. Unfortunately, the women themselves were not able to raise the quorum. In fact, the men are being blamed for not doing what they were supposed to do. I sat in this House and if you had allowed me to vote twice I would have done so. However, you know that would amount to lack of integrity and it would be unconstitutional. We tried our best but did not succeed because we did not have quorum. When that failed, we were left with no other alternative other than to move the amendment of Article 81(b) to provide for progressive implementation of this rule as quoted by the Supreme Court. In the ruling dated 27th August, 2015 there is a majority opinion under paragraphs 79 and 80 and it states that Parliament should put in place the required legislation for giving effect to the two-third gender principle under Article 81(b) of the Constitution and in relation to the National Assembly and the Senate, failure to which the High Court would be dully moved to issue appropriate orders and directions in accordance with the terms of the transitional and consequential provisions in Article 261(6)(7)(8) and (9) of the Constitution. Hon. Speaker, the Supreme Court also observed and noted that the absence of a specific requirement for the gender rule in relation to the two-thirds of the two Houses of Parliament implied that unlike in the case of county assemblies, the two-third gender principle was amenable only to progressive realization in relation to the two Houses of Parliament. It further states: “It could not, therefore, be enforced immediately.” Hon. Speaker, those are not the words of this House, these are the words of the Supreme Court, which is another arm of the Government. I wish to table the Petition by one Wilbert Kipsang Choge as filed against the National Assembly and the Senate seeking for declaratory orders that this House has failed to comply with the two-third gender amendment law that was required by the Constitution. So, I would like to urge Parliament to consider this Bill very seriously. The petitioner is seeking and relying on the Constitution, particularly the transitional provisions in which he has stated that Parliament has grossly violated the Constitution. Hon. Speaker, for us to be said to have violated the Constitution when we have the power to amend the Constitution is very unfair. Someone cannot go to court and say we have violated the Constitution. We are the keepers of this Constitution. This Constitution went through this House. It did not go through the Judiciary or the Executive; it went through this House. This House has power to amend this Constitution in the manner in which we have proposed. The petitioner also states in his prayers that the Constitution has been violated by Parliament for its failure to enact the required legislation to give effect to the two-third gender principle with regard to the Senate and the National Assembly. He states in paragraph five of his 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."
}