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{
    "id": 740570,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/740570/?format=api",
    "text_counter": 164,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Thank you, Hon. Speaker. I did not contribute. My colleague Hon. Katoo ole Metito and Members contributed but now it is my opportunity to contribute to the Constitution of Kenya (Amendment) (No.6) Bill 2015, which is known as the “Duale II”. The object of this Bill is to amend the Constitution to give effect to Article 81(b) of the Constitution. Article 81(b) stipulates that not more than two-thirds of members of elective public bodies shall be of the same gender. This Bill therefore ensures that Members of the National Assembly and the Senate conform to the two-thirds gender principle as anticipated in the implementation of Article 81(b) of the Constitution. This Bill is similar to the Bill published by the late Mutula Kilonzo senior, a man I respected so much when he was the Minister for Justice and Constitutional Affairs. It is similar, save for the provisions that set out a sunset clause. So the difference between the late Mutula Kilonzo’s Bill on gender principle and this one is that this Bill has a sunset clause; a certain period is provided for. After that period, then natural issues of elections on gender take effect. This Bill imports the provisions in Article 177 that ensures that a county assembly always has at least one-third of either gender. So it is borrowing from Article 177 which is predominantly dealing with the county assemblies in as far as gender equity is concerned. When I read this Bill, which is under my signature, Clauses 1 and 2 provide for the application of the Bill. This Bill is before this House because we tried thrice, we faced a lot of challenges but leadership is part of the challenge. Every leader must have a solution to the problems and challenges that face any nation. So we will try. Respecting the independence of the Judiciary is what has made us to bring back this Bill, so that at least the House can walk on the high moral ground that we are an institution that respects the rule of law and the Judiciary. Clause 3 of this Bill intends to amend Article 90 of the Constitution to reflect the amendments proposed in 97 and 98. It further provides that any person who is elected to any House of Parliament or any legislative assembly by way of nomination shall enjoy such nomination to a maximum of two terms. It means, just like the President, if you are nominated twice then you will not be eligible for a third nomination. This Bill also seeks to amend Article 97(1) of the Constitution on the composition of the National Assembly by introducing a new paragraph called (ca) in order to ensure that the National Assembly complies with the requirement that not more than two-thirds of its members are of the same gender. I have read a lot and I have looked at a number of Parliaments, including the House of Commons. I think 28 per cent of the membership of the House of Commons is of the female gender. That is the best the UK Parliament achieved in many years. The only time they surpassed that ratio was when the Prime Minister at that time, I cannot remember his name but he was the party leader of the Labour Party, used proportional party representation in which he said constituency “X” is for the male gender, constituency “B” is for the female gender. That Prime Minister and party leader did not survive the next election. 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."
}